ORDINANCE NO. 632
AN ORDINANCE OF THE CITY OF RATHDRUM, KOOTENAI COUNTY, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, AMENDING TITLE 12: SUBDIVISIONS AND TITLE 15: ZONING AND PERMITTED USES AS FOLLOWS.
PROVIDING FOR AMENDMENTS TO RATHDRUM CITY CODE (RCC) SECTIONS 12-3-1-8 FOR PLATS, SECTION 15-4-2(B) FOR PLANNED UNIT DEVELOPMENTS, SECTION 15-5-6 FOR ZONING DESIGNATIONS, SECTION 15-5-7 FOR CONDITIONAL USE PERMITS, SECTION 15-5-9 FOR VARIANCES AND SECTION 15-5-10 FOR RE-ZONES TO ENSURE THAT RECOMMENDATIONS AND DECISIONS ON ALL LAND USE ACTIONS ARE RENDERED WITHIN 60 DAYS OF RECEIPT AND TO ENSURE THAT IDAHO CODE REQUIREMENTS ARE MET FOR THE FINDINGS ESTABLISHED BY COUNCIL UPON ITS FINAL DECISION TO INCLUDE THE APPLICABLE ORDINANCE, REASONING, AND THE ACTIONS, IF ANY TO OBTAIN THE REQUESTED LAND USE ACTION; PROVIDING FOR RCC SECTION 15-5-1 AS TO THE PURPOSE OF THE CHAPTER; PROVIDING FOR RCC SECTION 15-5-2 AS TO THE INTERPRETATING OF THE LAND USE TABLE; PROVIDING FOR RCC SECTION 15-5-13 AS TO SITE PLAN REVIEW FOR ALL DEVELOPMENT BY THE PLANNING DEPARTMENT; PROVIDING FOR RCC SECTION 15-5-14 AS TO HOME OCCUPATIONS; PROVIDING FOR RCC SECTION 15-5-17 AS TO THE ADOPTION AND AMENDMENT OF THE COMPREHENSIVE PLAN; PROVIDING FOR AN AMENDMENT TO RCC SECTION 15-6-1 TO CLARIFY THE REQUIREMENT OF INDIVIDUAL IRRIGATION TO MAINTAIN SWALE AND INDIVIDUAL LOT VEGETATION, AND TO REMOVE REFERENCES TO TITLE 11; PROVIDING AN AMENDMENT TO RCC SECTION 15-6-2 TO CLARIFY THE SIZE REQUIREMENT OF RESIDENTIAL GARAGES, REMOVE HOME OCCUPATIONS FROM THIS SECTION, AMEND THE ALLOWANCE OF ACCESSORY DWELLING UNITS, AND REMOVE REFERENCES TO TITLE 11; PROVIDING FOR AN AMENDMENT TO RCC SECTION 15-6-5 TO INCLUDE RESIDENTIAL DEVELOPMENT TO THE SITE PLAN REVIEW REQUIREMENT; PROVIDING FOR AN AMENDMENT TO RCC SECTION 15-10-3 BY ADDING DEFINITIONS FOR DIGITAL BILLBOARD, DISPLAY AREA, GOVERNMENTAL SIGNS, AND UPDATING GROSS AREA; PROVIDING FOR AN AMENDMENT TO RCC SECTION 15-10-4 BY REPEALING THE ADOPTION OF THE UNIFORM SIGN CODE; PROVIDING FOR AN AMENDMENT TO RCC SECTION 15-10-5 REQUIRING A BUILDING PERMIT FOR ANY SIGN THAT HAS FOOTINGS OR A FOUNDATION; PROVIDING FOR AN AMENDMENT TO RCC SECTION 15-10-6 ALLOWING A TEMPORARY SIGN TO REMAIN TO LONGER THAN 6 MONTHS; PROVIDING FOR AN AMENDMENT TO RCC SECTION 15-10-7 ALLOWING CERTAIN SIGNS TO BE PERMITTED IN RESIDENTIAL AREAS INCLUDING PROJECT ENTRY SIGNAGE AND VACANCY SIGNAGE, PROVIDING REQUIREMENTS FOR DIGITAL BILLBOARD SIGNAGE INCLUDING BRIGHTNESS AND DIMMING REQUIREMENTS, VERIFICATION OF COMPLIANCE, TRANSITIONS, AND MALFUNCTION REQUIREMENTS, AND PROVIDING FOR CO-LOCATED SIGN STRUCTURES; PROVIDING FOR AN AMENDMENT TO RCC SECTION 15-10-9 BY ADJUSTING THE REQUIREMENTS OF OFF-PREMISE SIGNS TO EXCEPT SIGNS WITHIN THE HIGHWAY COMMERCIAL OVERALY DISTRICT; PROVIDING FOR AN AMENDMENT TO RCC SECTION 15-10-10 ALLOWING FOR LIMITED SIGNAGE FOR MODEL HOME ADVERTISEMENT WITHIN NEW SUBDIVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE.
IT IS ORDAINED by the Mayor and City Council of the City of Rathdrum, Kootenai County, Idaho, as follows:
Section 1. That Title 12: Subdivisions of the Rathdrum City Code shall be, and the same is hereby amended as follows.
12-3-1-8: COMMISSION AND COUNCIL REVIEW AND ACTIONS:
A. Commission Review and Action: Following the public hearing, the commission shall consider all relevant evidence included in the record to determine that the requirements detailed in Section 12-3-1-7 are met or not and shall submit to city council within a period no greater than sixty (60) days after receipt, a recommendation either table the preliminary plat to be discussed a later date, to recommend that the council approve or disapprove the preliminary plat or return the preliminary plat to the subdivider for modification. The commission may only recommend contingencies to the council on preliminary plats that are beyond their scope and power.
B. Council Review and Action: At the next regular meeting following the receipt of the commission report, the council shall review the commission report and all other relevant evidence included in the recorded and take action within a period no greater than sixty (60) days from receipt to either table the preliminary plat to be discussed at a later date, approve the recommendation of the commission if it finds that that the requirements detailed in Section 12-3-1-7 are met, or reject the recommendation of the commission if it finds that the requirements detailed in Section 12-3-7-1 are not met, or return the plat to the commission for modification. Upon revising or rejecting the recommendation by the Commission, City Council shall establish its own findings and conclusions based on the applicable zoning district approval criteria as described in this Zoning Title and shall specify:
a. The ordinance and standards used in evaluating the application;
b. The reasons for approval or denial; and
c. The actions, if any, that the applicant could take to obtain the proposed plat.
Section 2. That Title 15, Chapter 4 of the Rathdrum City Code shall be, and the same is hereby amended as follows.
15-4-2(B): Planned Unit Developments
7. CRITERIA FOR APPROVING A PLANNED UNIT DEVELOPMENT:
(b) Commission Review: The planning and zoning commission shall consider all relevant evidence included in the record to determine that the requirements detailed in Section 15-4-2(B)(7)(a) above are met or not, and shall submit to city council within a period no greater than sixty (60) days after receipt, a recommendation
either table the application to be discussed at a later date, return the application to the applicant for further modification, or recommend that the city council approve or disapprove the proposed planned unit development, and shall, through city staff, immediately notify the city council, in writing, of such decision. If an application is recommended to be disapproved, the planning and zoning commission shall cite the specific reasons for such recommendation.
(c) City Council's Approval: Upon receipt of the planning and zoning commission recommendation, the city council shall consider such recommendation and all other relevant evidence included in the record to determine that the requirements detailed in Section 15-4-2(B)(7)(a) above are met or not, and shall take action within a period no greater than sixty (60) days from receipt. The city council shall then establish findings and conclusions based on the applicable zoning district approval criteria as described in this Zoning Title in accordance with Subsection (e) below.
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Section 3. That Title 15, Chapter 5 of the Rathdrum City Code shall be, and the same is hereby amended as follows.
15-5-1: PURPOSE- RESERVED
The purpose of this chapter is to prescribe the permitted land uses that are allowed within the zoning designations of the city, which are hereby adopted for the promotion of public health, safety, and general welfare. Whenever the requirements of this title conflict with the express requirements of any other locally adopted ordinance, the ordinance incorporating the most restrictive provisions shall prevail.
15-5-2: INTERPRETATION OF THE LAND USE TABLE – RESERVED
When not inconsistent with the context, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory, unless the express language of the ordinance provides otherwise. Except as expressly defined herein, words used in this title shall be given their ordinary meaning consistent with common usage and context.
15-5-6-4: ACTION BY COMMISSION AND CITY COUNCIL:
B. City Council:
2. Findings And Conclusions: Following the public hearing, City Council shall take action within a period no greater than sixty (60) days from receipt. Upon revising or rejecting the recommendation by the Commission, City Council shall establish its own findings and conclusions in accordance with the criteria stated above and shall specify:
a. The ordinance and standards used in evaluating the application;
b. The reasons for approval or denial;
c. The actions, if any, that the applicant could take to obtain annexation and zoning.
B. City Council:
1. Findings And Conclusions: City Council shall take action within a period no greater than sixty (60) days from receipt. Upon revising or rejecting the recommendation by the Commission, City Council shall establish its own findings and conclusions based on the applicable zoning district approval criteria as described in this Zoning Title and shall specify:
a. The ordinance and standards used in evaluating the application;
b. The reasons for approval or denial;
c. The actions, if any, that the applicant could take to obtain a conditional use permit.
15-5-9-6: ACTION BY THE COMMISSION AND CITY COUNCIL:
B. City Council:
1. Findings And Conclusions: City Council shall take action within a period no greater than sixty (60) days from receipt. Upon revising or rejecting the recommendation by the commission, city council shall establish its own findings and conclusions based on the applicable zoning district approval criteria as described in this Zoning Title and shall specify:
a. The ordinance and standards used in evaluating the application;
b. The reasons for approval or denial;
c. The actions, if any, that the applicant could take to obtain a variance.
15-5-10-4: ACTION BY COMMISSION AND CITY COUNCIL:
A. Commission:
1. Hearing: The commission shall hold a public hearing and make recommendations on proposed zoning amendments. Zoning amendments may consist of text or map revisions. The public hearing shall be noticed in accordance with the City's Land Use Public Hearing Procedures Resolution.
a. Zoning Ordinance Text Amendment: Not more than sixty (60) days following the filing of an application, or upon motion by the commission or the city council, the commission shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of time and place and a summary of the amendment shall be published in the official newspaper of the city. Following the commission's hearing, if the commission makes a material change from what was presented at the public hearing, further notice and hearing shall be provided before the commission forwards the amendment with its recommendation to the city council.
b. Zoning Ordinance Map Amendment: No more than sixty (60) days following the filing of an application, or upon motion by the commission or the city council, the commission shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of time, place and a summary of the amendment shall be published in the official newspaper of the city. Additional notice by regular mail shall be provided to property owners within 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 administrator. When notice is required for two hundred (200) or more property owners, in lieu of the mail notification, three (3) notices in the official newspaper of the city is sufficient; provided that, the third notice appears at least ten (10) days prior to the public hearing. Following the commission's hearing, if the commission makes a material change from what was presented at the public hearing, further notice and hearing shall be provided before the commission forwards the amendment with its recommendation to the city council.
2. Recommendation: Within sixty (60) days from the close of the public hearing, the commission shall transmit its recommendation to the city council. The commission may recommend that the amendment be granted as requested, it may recommend a modification of the amendment requested, or it may recommend that the amendment be denied. The commission shall ensure that any recommendations for amendments are in accordance with the comprehensive plan and established goals and policies and the applicable zoning district approval criteria as described in Chapter 4 of this Zoning Title, and shall specify:
a. The ordinance and standards used in evaluating the application;
b. The reasons for approval or denial;
c. The actions, if any, that the applicant could take to obtain a zone change.
B. City Council:
1. Public Hearing: The city council, prior to adopting, revising, or rejecting the amendment to the zoning ordinance as recommended by the commission, shall conduct at least one public hearing using the same notice and hearing procedures as the commission. Following the city council hearing, if the city council makes a material change from what was presented at the public hearing, further notice and hearing shall be provided before the city council adopts the amendment.
2. Findings And Conclusions: Following the public hearing, City Council shall take action within a period no greater than sixty (60) days from receipt. Upon revising or rejecting the recommendation by the commission, city council shall establish its own findings and conclusions based on the applicable zoning district approval criteria as described in Chapter 4 of this Zoning Title, and shall specify:
a. The ordinance and standards used in evaluating the application;
b. The reasons for approval or denial;
15-5-13: SITE PLAN REVIEW - RESERVED:
(Ord. 611, 9-28-2022)
Site plan review and approval by the planning department is required for all development pursuant to Section 15-6-5 for any residential, commercial, industrial, institutional, public, governmental, or multifamily project for new construction, redevelopment, expansion, new uses, change in uses, expansion of uses. All development on the site is required to be in accordance with the approved site plan.
(Ord. 611, 9-28-2022)
A. Home occupation regulations address the need of some individuals to work at home or use their place of residence for limited commercial activities in balance with rights of others to enjoy the residential character of their neighborhood. The performance standards set forth below allow limited commercial activity in residential areas where neighbors will not be negatively impacted by such things as the outward appearance, noise, smell, glare, traffic or intensity of activity.
1. Appearance:
a. Clearly incidental and subordinate to the residential use.
b. Clearly subordinate visually and spatially to the primary residential use, with no changes in the outside appearance of the premises and no visible evidence of the home occupation activity.
c. All materials and goods related to the home occupation shall be stored in enclosed buildings.
d. The home occupation shall not generate activities or appearances adversely affecting the character of the neighborhood.
e. The home occupation shall not require parking beyond that required for the primary single-family residential use.
2. Prohibited Uses:
a. Repairing, servicing, painting or storage of vehicles, unless in fully enclosed structures.
b. Use of chemicals in quantities greater than that used in normal household operation or hobby uses.
c. Use of mechanical equipment not part of normal household or hobby activity.
d. Activities that create noise, dust, vibration, glare, fumes, odors, smoke, fire hazard or other hazard or nuisance beyond that caused by typical residential occupancy or that is detectable to normal senses off the premises.
e. Equipment or processes that create visual or audible interference in any radio or television receivers off the premises, or cause electrical interference or fluctuations in line voltage off the premises.
f. Any use requiring sewage pretreatment.
g. Use of public utility services in a manner that is atypical to that of a residential use.
h. Storage of hazardous materials of commercial grade or materials on the premises.
3. Persons Engaged: Immediate members of the household residing on the premises may be engaged in the home occupation. One person not residing on the premises can also be engaged in the home occupation, where no customers are invited onto the premises. Any other persons engaged in or employed by the home occupation shall not work, gather, park, or meet at the residence on a regular or frequent basis.
4. Location: Home occupations shall be allowed in the following areas:
a. The residential dwelling, if not more than twenty five percent (25%) of the premises is affected.
b. The garage or in an accessory unit, if the activity is fully enclosed and not visible from neighboring properties.
c. Activities related to the home occupation shall not occur in yard areas, including the storage of materials and parking of vehicles.
5. Customers: Customers may visit the site where only members of the household are engaged in occupation, and the level of activity is infrequent.
6. On Site Sales: Selling of merchandise, supplies or products incidental to the services rendered and provided on site is allowed. No direct sale of products unrelated to services provided by the home occupation shall occur.
7. Signage: One nonilluminated sign, not exceeding four (4) square feet in area, bearing the name of the business and name and address of the occupant shall be allowed on the residence or accessory structure.
8. Traffic:
a. Home occupations shall not generate significant traffic and the level of traffic shall not have the effect of disrupting the residential character of the neighborhood or negatively impact adjacent residential properties.
b. Vehicles in excess of ten thousand (10,000) pounds shall not be operated from, or deliver to, the premises or adjacent street. Deliveries of materials by typical commercial delivery services (e.g., United Parcel Service, Federal Express, etc.) are permitted.
B. The performance standards set forth within this Zoning Title for each zone shall apply in addition to all other provisions of this title.
C. Permitting a Home Occupation
1. Conditional Use Permit: Unless otherwise excluded herein, all home occupations shall require a Conditional Use Permit in order to legally operate in a residential zone. The process to obtain a Conditional Use Permit shall be in accordance with RCC 15-5-7.
2. Administrative Approval: Home Occupations that meet the following criteria shall be excluded from the requirement of obtaining a Conditional Use Permit and may be permitted through administrative approval from the Zoning Administrator:
a. Will constitute a conditional use as established in this title for the zoning district involved;
b. Will be harmonious with and in accordance with the general objectives or with any specific objectives of the comprehensive plan and/or this title;
c. Will be served adequately by essential public facilities and services;
d. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;
e. Will not create excessive additional requirements as to public cost for public facilities and services and will not be detrimental to the economic welfare of the community;
f. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
g. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic and surrounding public thoroughfares;
h. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
i. The proposed activity takes place entirely within an existing structure;
j. The proposed activity does not provide on-site retail sales, or services;
k. The proposed activity does not require customers on site;
l. The proposed activity does not require deliveries of goods and/or materials other than that which might be provide through regular mail or like kind delivery service;
m. The proposed activity does not require additional parking, as set forth in any provision of this or any other provision of this code.
15-5-17: ADOPTION AND AMENDMENT OF THE COMPREHENSIVE PLAN - RESERVED:
(Ord. 611, 9-28-2022)
15-5-17-1: AMENDING THE COMPREHENSIVE PLAN AND FUTURE LAND USE MAP:
The Planning and Zoning Commission and City Council may amend, supplement, change or repeal provisions of the Comprehensive Plan by following the legislative procedures established by this chapter and Idaho Code. Amendments of the text or future land use map contained in the Comprehensive Plan should be consistent with the general intent, goals and policies contained in the Comprehensive Plan.
A. Application: Any application for a Comprehensive Plan amendment must include the information required by the application forms supplied by the Zoning Administrator, the information required by State law and information otherwise required by this title or by the Zoning Administrator, commission or Council. In addition, the application shall provide a description of the proposed amendment along with a statement that describes the rationale for the request, and how it conforms to the general intent, goals and policies of the Comprehensive Plan, and why the City should consider the amendment. All required fees must be paid before an application will be deemed complete. Fees are set in the Fee Schedule by resolution of the City Council.
B. Commission Hearing: A public hearing will be scheduled within sixty (60) days of the receipt of a request to be held before the Planning and Zoning Commission, using the notice and hearing procedures required by law. Following the public hearing, the Planning and Zoning Commission will forward a recommendation to the City Council concerning the proposed amendment.
C. City Council Decision: A public hearing will be scheduled to be held before the City Council, upon receipt of a recommendation from the Planning and Zoning Commission, to consider the proposed amendment. The hearing will be scheduled following the notice and hearing procedures required by law and the City Council will render a decision to adopt, modify, or reject the amendment. If the City Council makes a material change to the proposed amendment during the course of the public hearing, a second public hearing, following the same notice and hearing requirements, will be held to allow public comment before final adoption of the amendment. An amendment, if approved, will be made part of the Comprehensive Plan upon the preparation and passage of a resolution adopting the amendment.
If an amendment of the Comprehensive Plan, submitted by parties other than staff or a City commission or board, is denied by the City Council, a subsequent application for an amendment cannot be submitted to the City within six (6) months of such denial unless a request for application consideration is received and approved by the City Council. Such request shall be submitted to the planning administrator, with the appropriate fee, and shall provide the City Council with reasons why the application should be accepted and processed. The City Council will review the request, determine whether or not the proposal is significantly different than the one denied and permit an application to be accepted and processed or deny the request.
15-5-17-2: APPLYING THE COMPREHENSIVE PLAN AND FUTURE LAND USE MAP IN LAND USE ACTIONS AND CODE UPDATES:
The Comprehensive Plan and Future Land Use Map shall be considered a guidance document to aid the Commission and City Council in adopting code updates to the Subdivision and Zoning Titles, and making decisions in accordance with the Rathdrum City Code legal criteria for land use actions in which the general compliance with the Comprehensive Plan is a specific requirement of the legal criteria for approval. The Comprehensive Plan and Future Land Use Map shall allow for application where required in a way that follows its intent and purpose, rather than a strict application to the land use action or code update. If any real property is within three hundred feet (300’) of a planned zoning designation depicted within the Future Land Use Map, that planned zoning designation may be interpreted to apply to said real property.
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Section 4. That Title 15, Chapter 6 of the Rathdrum City Code shall be, and the same is hereby amended as follows.
C. STORMWATER MANAGEMENT:
3. Grassy swales and landscape strips utilized for the provision of stormwater shall be planted with lawn grass or other appropriate vegetative material and shall be irrigated with a permanent underground irrigation system. Irrigation systems for swales shall be individual systems to serve the swale(s) that abut a single individual lot, to be installed and maintained by the abutting property owner. The irrigation system installed for the swale area may be connected to the individual irrigation system that is installed for the abutting lot. The only exceptions include if the swales are recorded in the approved plat as common property, which may be served with a common irrigation system, or as otherwise approved in a site plan by the administrator of this title.
E. Off-Street Parking Standards: Off-street parking shall be provided on the development site for all zones, except as may be allowed for joint parking facilities as found within RCC 11-5-3 15-6-3. Parking spaces shall be a minimum of nine feet by nineteen feet (9' x 19') each.
1. Parking Area Design:
c. Drive Width: The drive width within the approach shall comply with RCC 11-5-1 15-6-1 D. Beyond the approach, interior to the property, drives shall be:
1. "Landscaped," "landscaping" or "landscaped area" shall mean that area of land covered with at least seventy-five percent (75%) fifty percent (50%) living vegetative material such as lawn grass, ground cover (vines, creepers and low vegetation providing topsoil protection), trees, shrubs, and flowers, and which may incorporate up to twenty-five percent (25%) fifty percent (50%) ornamental landscaping materials, to include raised garden beds, provided said beds are no taller than 12" (twelve inches above grade). Areas containing ornamental landscaping material shall include berms, terraces or rockscapes to avoid bland and monotonous terrains.
c. Xeriscape landscaping may be utilized to reduce the required vegetated area to fifty percent (50%) forty percent (40%) upon City approval of a detailed landscape plan which demonstrates compliance with the "City of Rathdrum Xeriscape Guide" as adopted by the city council and subject to the other provisions of this Chapter.
2. A permanent, underground and automatic irrigation system including an approved backflow prevention device shall be installed and permanently maintained in all required landscaped areas for new development. Irrigation systems for the maintenance of vegetation on single individual lots shall be individual systems with individual backflow prevention devices, to be installed and maintained by the property owner. The only exceptions include if the swales are recorded in the approved plat as common property, which may be served with a common irrigation system, or as otherwise approved in a site plan by the administrator of this title.
15-6-2: RESIDENTIAL STANDARDS:
F. Conversion Of Dwelling To More Units: A residential dwelling may not be converted to accommodate an increased number of dwelling units unless:
1. The increased number of dwelling units is a use permitted outright in that zoning district or as allowed in RCC 15-6-2(J) Accessory Dwelling Units;
H. Garages:
1. All single-family residential structures and each dwelling unit in a duplex shall have a garage constructed of the same type of material as the residential structure.
2. If the residential structure or dwelling unit has two (2) or more bedrooms, the minimum garage size shall be three hundred forty two square feet (342 sq. ft.), which is the equivalent of two (2) nine foot by nineteen foot (9’x19’) parking spaces or a two (2) car garage. Permanent barriers that obstruct the required minimum square footage in a garage, such as permanent walls or other structures, are prohibited.
J. Home Occupation: Home occupation regulations address the need of some individuals to work at home or use their place of residence for limited commercial activities in balance with rights of others to enjoy the residential character of their neighborhood. The performance standards set forth below allow limited commercial activity in residential areas where neighbors will not be negatively impacted by such things as the outward appearance, noise, smell, glare, traffic or intensity of activity.
1. Appearance:
a. Clearly incidental and subordinate to the residential use.
b. Clearly subordinate visually and spatially to the primary residential use, with no changes in the outside appearance of the premises and no visible evidence of the home occupation activity.
c. All materials and goods related to the home occupation shall be stored in enclosed buildings.
d. The home occupation shall not generate activities or appearances adversely affecting the character of the neighborhood.
e. The home occupation shall not require parking beyond that required for the primary single-family residential use.
2. Prohibited Uses:
a. Repairing, servicing, painting or storage of vehicles, unless in fully enclosed structures.
b. Use of chemicals in quantities greater than that used in normal household operation or hobby uses.
c. Use of mechanical equipment not part of normal household or hobby activity.
d. Activities that create noise, dust, vibration, glare, fumes, odors, smoke, fire hazard or other hazard or nuisance beyond that caused by typical residential occupancy or that is detectable to normal senses off the premises.
e. Equipment or processes that create visual or audible interference in any radio or television receivers off the premises, or cause electrical interference or fluctuations in line voltage off the premises.
f. Any use requiring sewage pretreatment.
g. Use of public utility services in a manner that is atypical to that of a residential use.
h. Storage of hazardous materials of commercial grade or materials on the premises.
3. Persons Engaged: Immediate members of the household residing on the premises may be engaged in the home occupation. One person not residing on the premises can also be engaged in the home occupation, where no customers are invited onto the premises. Any other persons engaged in or employed by the home occupation shall not work, gather, park, or meet at the residence on a regular or frequent basis.
4. Location: Home occupations shall be allowed in the following areas:
a. The residential dwelling, if not more than twenty five percent (25%) of the premises is affected.
b. The garage or in an accessory unit, if the activity is fully enclosed and not visible from neighboring properties.
c. Activities related to the home occupation shall not occur in yard areas, including the storage of materials and parking of vehicles.
5. Customers: Customers may visit the site where only members of the household are engaged in occupation, and the level of activity is infrequent.
6. On Site Sales: Selling of merchandise, supplies or products incidental to the services rendered and provided on site is allowed. No direct sale of products unrelated to services provided by the home occupation shall occur.
7. Signage: One nonilluminated sign, not exceeding four (4) square feet in area, bearing the name of the business and name and address of the occupant shall be allowed on the residence or accessory structure.
8. Traffic:
a. Home occupations shall not generate significant traffic and the level of traffic shall not have the effect of disrupting the residential character of the neighborhood or negatively impact adjacent residential properties.
b. Vehicles in excess of ten thousand (10,000) pounds shall not be operated from, or deliver to, the premises or adjacent street. Deliveries of materials by typical commercial delivery services (e.g., United Parcel Service, Federal Express, etc.) are permitted.
The performance standards set forth above shall apply in addition to all other provisions of this title.
J. L. ACCESSORY DWELLING UNITS: Accessory dwelling units, which are incidental and subordinate to the principal use of the premises and which do not alter the essential characteristic of the use, shall be permitted as a Conditional Use in those residential zoning districts that are otherwise restricted to single residences as designated in Chapter 4 (R-1, and R-2S, MR) of this Title, subject to the requirements of Conditional Use Permits as found in this code, and subject to the following requirements:
1. Purpose And Intent: This provision provides standards for accessory dwelling units to detached single-family dwellings. These standards are intended to encourage diversity in housing types and provide for smaller, more diverse, and often more affordable housing choices that are compatible with existing neighborhoods.
a. Accessory dwelling units shall not be permitted within two (2) years of the issuance of a Certificate of Occupancy of the primary residence AND/OR within a subdivision or plat where more than fifteen percent (15%) of the lots within the entire subdivision remain undeveloped.
2. Requirements For All Accessory Dwelling Units: All accessory dwelling units must meet the following requirements, and must be developed as a result of converting existing living area, attic, basement, or attached garage; or adding floor area to an existing single family residence;
a. No Parcel or property may have more than one (1) single Accessory Dwelling Unit.
b. Manufactured homes, modular homes, recreational vehicles, and campers shall not be considered as Accessory Dwelling Units for the purposes of this section.
c. Size:
(1) Accessory Dwelling Units may be no greater in total area than seventy- five percent (75%) of the building footprint of the primary residence, excluding the garage area, or eight hundred square feet (800 920 sq ft), whichever is lesser.
(2) Accessory Dwelling Units may be no smaller than 400 sq ft in area.
(3) Accessory Dwelling Units may include only one (1) bedroom.
d. Garage Requirement: Accessory Dwelling Units shall not be required to have a garage.
e. Accessory Dwellings shall require building permits and be subject to all requirements of Title 9: “Building Regulations” of this code.
f. Accessory Dwelling Units shall be connected to municipal water and sewer.
g. Lot Coverage: The addition of an Accessory Dwelling Unit shall not cause the property to exceed the maximum lot coverage for the underlying zoning district as set forth in the Official Bulks and Placement Regulations Table.
h. Off-street Parking One (1) Off-street parking stall shall be required for each Accessory Dwelling Unit.
(1) The addition of off-street parking to a parcel for the purpose of an Accessory Dwelling Unit may not cause a violation of any General Standard or Residential Standard as may be found in this Code, including but not limited to frontage, landscaping, approach widths or separations, approach/access, and/or setbacks.
(2) A garage space shall not be counted as an off-street parking space for the purposes of this section.
(3) Parking provided to in order to meeting off-street parking requirements for an Accessory Dwelling Unit shall be surfaced in accordance with this section and other applicable code sections of this Chapter.
(4) The Accessory Dwelling Unit may not have a separate drive approach unless said approach is in compliance with and has been permitted and constructed as required by any Chapter or Title of this code, before the accessory dwelling unit was created.
i. Only one entrance may be located on the front or flanking side street facade of the primary dwelling, unless said primary dwelling contained additional entrances before the accessory dwelling unit was created.
j. Subdivision: An accessory dwelling unit shall not be subdivided or otherwise segregated in ownership from the principal dwelling unit.
k. Owner Occupancy: Either the principal dwelling unit or the accessory dwelling unit must be occupied by a majority-owner of the property. "Owner occupied" means that a property owner, as reflected in title records, makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration, or similar means, and physically resides at the site more than six (6) months out of any given calendar year.
l. Recording Requirements: Approval of the accessory dwelling unit shall be subject to the applicant recording a document with the County Recorder which runs with the land and identifies the address and legal description of the property, states that an accessory dwelling unit is located on the property and includes a statement that the owner(s) will notify any prospective purchasers of the limitations of this section; the nature and content of said document shall be approved by the City Attorney prior to recordation.
L. Accessory Dwelling Units: Accessory dwelling units shall be permitted as a Conditional Use in those residential zoning districts that are otherwise restricted to single residences as designated in Chapter 4 (R-1 and R-2S) of this Title, subject to the requirements of Conditional Use Permits as found in this code, and subject to the following requirements:
a. No Parcel or property may have more than one (1) single Accessory Dwelling Unit.
b. Manufactured homes, modular homes, recreational vehicles, and campers shall not be considered as Accessory Dwelling Units for the purposes of this section.
c. Size:
(1) Accessory Dwelling Units may be no greater in total area than seventy five percent (75%) of the building footprint of the primary residence or nine hundred twenty (920) sq ft, whichever is lesser.
(2) Accessory Dwelling Units may be no smaller than four hundred (400) sq ft in area.
d. Garage Requirement: Accessory Dwelling Units shall not be required to have a garage.
e. Accessory Dwellings shall require building permits and be subject to all requirements of Title 9: "Building Regulations" of this code.
f. Accessory Dwelling Units shall be connected to municipal water and sewer.
g. Lot Coverage: The addition of an Accessory Dwelling Unit shall not cause the property to exceed the maximum lot coverage for the underlying zoning district as set forth in the Official Bulks and Placement Regulations Table.
h. Off-street Parking One (1) Off-street parking stall shall be required for each Accessory Dwelling Unit.
(1) The addition of off-street parking to a parcel for the purpose of an Accessory Dwelling Unit may not cause a violation of any General Standard or Residential Standard as may be found in this Code, including but not limited to frontage, landscaping, approach widths or separations, approach/access, and/or setbacks.
(2) A garage space shall not be counted as an off-street parking space for the purposes of this section.
(3) Parking provided to in order to meeting off-street parking requirements for an Accessory Dwelling Unit shall be surfaced in accordance with this section and other applicable code sections of this Chapter. (Ord. 611, 9-28-2022)
15-6-4: SUPPLEMENTAL MULTI-FAMILY AND INSTITUTIONAL STANDARDS:
E. Building Design and Architecture.
2. All sides of a building shall include a minimum of one decorative
architectural detail, including which may include railings, trellises, trim, cornices, multi-lite windows, bay windows or similar decorative architectural elements as approved by the Planning and Zoning Administrator or designated representative
.
Architectural elements as set forth above shall not be counted as filling this requirement if provided to fill a requirement of the Building Code or any other provision of this Title, unless otherwise approved by the Administrator of the Code.
F. Open Space and Amenities
1. A minimum of twenty five percent (25%) of the site’s net area shall be designated as common open space. Common open space excludes landscaped areas required by section 11-5-3 A 15-6-3-A of this Title, driveways, streets and parking areas. The net site area is calculated exclusive of all building footprints, drive aisles and private streets, parking areas, and require landscape areas. Common open space associated with ownership units (ex. townhouses) may include private yard areas.
G. Parking, Access and Circulation:
1. Off-street vehicle parking spaces shall be provided as specified in section 11-5-3 B 15-6-3-B and other provisions of this Title. On-street parking along private streets contained within the development can be applied to the off-street parking requirements provided it meets the other criteria herein;
3. Parking lot landscaping shall be provided as specified in 11-5-3 A 3 15-6-3-A-3 of this Title.
12. Parking areas have the potential to be a source of noise and light that may affect adjacent residential areas as well as dwelling units. In an effort to reduce this potential impact, the following improvements are required:
b. Parking areas, access aisles and private streets for multi-family projects which are abutting or adjacent to the lot line of a low or medium density residential zone district located less than forty feet (40') from the property line as may be requested and authorized by section 11-5-3 A 2 b 15-6-3-A-2-b of this Title shall be screened by a minimum six foot (6') tall solid wall or fence or shall be appropriately improved with berming and/or landscaping which achieves the same height and objective.
H. Landscaping: Landscaping shall be designed as an integral part of the overall site plan with the purpose of enhancing building design, public views and spaces, and providing buffers, transitions and screening in compliance with section 11-5-3 A 15-6-3-A of this Title. Additional requirements include:
I. Accessory Structures, Utilities, Mechanical and Fencing.
2. Trash enclosures shall be required for projects with five (5) or more dwellings and shall be provided in compliance with section 11-5-3 15-6-3 of this Title. They should be conveniently located for access by all tenants, collections and maintenance and shall be enclosed with durable materials that are architecturally compatible with the design of the buildings. Sight obscuring fencing / walls shall be utilized. Where trash enclosures are located adjacent to landscape planters, landscaping shall be incorporated around the trash enclosures to provide more effective screening.
15-6-5: SITE PLAN REVIEW:
B. Applicability: Site plan review and approval is requiredreguired for the development of any residential, commercial, industrial, institutional, public, governmental or multifamily residential project for four (4) dwelling units or more located on one or more parcels of land under any of the following conditions:
D. Application Requirements: An application and site plan shall be filed with the administrator for review and approval. The following information shall be provided in the application and site plan accompanied by a site plan review fee in the amount set by resolution of the city council. The administrator shall determine whether the application is complete.
2. Site Plan Requirements, General: The applicant shall have a site plan prepared, which is complete and conforms to pertinent city ordinances and standards, and complies with the following general submittal requirements:
d. All site plan(s) shall be signed, stamped and dated by an Idaho licensed architect, engineer or landscape architect, as appropriate., excepting that residential site plans may be prepared by and submitted by the homeowner for:
(1) residential fencing, as allowed by this code
(1) residential fencing, as allowed by this code
(2) residential accessory structures under 200 sq ft
(3) residential landscaping, except for xeriscape plans as allowed under this code
(4) residential accessory driveways and parking areas as allowed by this code
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Section 5. That Title 15, Chapter 10 of the Rathdrum City Code shall be, and the same is hereby amended as follows.
15-10-3: DEFINITIONS:
DIGITAL BILLBOARD: A sign displaying static images or text controlled by electronic communications.
DISPLAY AREA (also includes TOTAL DISPLAY AREA and MAXIMUM DISPLAY AREA): Encompasses, measures, and applies to the Gross Area (see definition below) for all sides of the sign.
GOVERNMENTAL SIGNS: Signs governmental entities are required by law to post, erect, provide, use or maintain, including, but not limited to, signs required by the "Manual On Uniform Traffic Control Devices", and signs which governmental entities post, erect, provide, use or maintain for the purpose of protecting public health or safety, or providing direction to or identification of governmental facilities.
GROSS AREA: The entire area within a single continuous perimeter enclosing the extreme limits of such sign. If a sign has multiple sides, Gross Area measures only one side of the sign. However, such perimeter shall not include any structural elements outside the limits of such sign and not forming an integral part of the display. When two (2) sides of a double faced sign are located not more than thirty six inches (36") apart at the widest point and not more than twelve inches (12") apart at the narrowest point and display identical messages or other representation, the gross area shall include only one of the sides. If the sign consists only of individual letters or images affixed directly toon the wall of a building, only the area of a simple geometric figure which will encompass all the letters is counted as part of the gross sign area.
The uniform sign code, 1997 edition, as published by the International Conference Of Building Officials, is hereby adopted to supplement the foregoing regulations. If any conflict exists between the foregoing regulations and the uniform sign code, the foregoing regulations shall govern. All signs allowed, including those which do not require permits, must be in conformance with the uniform sign code and other applicable building codes and city regulations.
D. Footing and foundation plans that demonstrate stability of the sign (any sign that has or requires footing(s) and/or a foundation will need to submit a building permit application and obtain a building permit for the footing(s) and/or foundation);
15-10-6: TEMPORARY SIGNS:
A. Applicants will be allowed temporary signs so long as such signs are well maintained and are removed or replaced when they deteriorate, become faded or tear, or no later than six (6) months after issuance of the permit, whichever is sooner. Temporary signs may be changed or replaced by signs of equal size and character of those applied for in the permit without the applicant needing to obtain a new permit.
15-10-7: FREESTANDING SIGNS AND WALL SIGNS:
A. Residential Districts: Freestanding and wall signs are not allowed in residential zoning districts, with the following exceptions:
1. Project Entryway Signage: Subdivisions/Plats, Residential Planned Unit Developments, and Multi-Family developments shall be permitted one (1) monument/ground sign no greater than forty (40) square feet in total display area which shall be incorporated into the primary project entry landscaping, and which may display the Project/Subdivision name only. If the project has more than one entry, a singular entry shall be designated as the primary entry and any project entry signage at other secondary project entries shall be limited to no greater than fifteen (15) square feet in total display area.
a. If the project/subdivision/development is enclosed by approved masonry walls, said Project Entryway Signage, as described above, may be permitted to be mounted on said wall, at the discretion of the City Planner.
2. Vacancy/Lot Availability Signage:
a. Subdivisions/Plats which are within eighteen (18) months of the date of approval of the Final Plat thereof shall be permitted a limited number of temporary signs and/or banners advertising the availability of lots or parcels therein. One such temporary sign and/or banner may be permitted per external road frontage to the Plat, which shall not exceed 40 (forty) square feet of total display area.
b. Multi-family developments which are within twelve (12) months of the issuance of the first Certificate of Occupancy for a residential structure located therein, may be permitted no more than two (2) temporary signs and/or banners advertising the availability of dwelling units; no such permitter temporary sign or banner shall be greater than forty (40) square feet in total display area.
C. Computer Boards: Nothing herein provided shall prevent the use of motorized computer board signs including message signs commonly used. Digital Billboard: Where allowed, Digital Billboard signs shall be designed as a part of and fully integrated with the architectural design of any other sign permitted on the same parcel of land. Digital Billboard signs shall conform to the following:
1. All Digital Billboards must automatically adjust the sign brightness, with the use of both a dimmer control and a photocell that automatically adjusts the display's intensity according to natural ambient light conditions, so that the brightness level of the sign is no more than 0.3 footcandles over ambient lighting conditions.
a. Abutting Residential Properties: In order to minimize light trespass and bleed on residential properties directly abutting a site with a Digital Billboard, illumination measured at the nearest residential property line shall not exceed the ambient light conditions by more than 0.1 foot candle.
b. Verification that Digital Billboard illumination is compliant with this code section may be required by the city from a certified professional, such as an engineer, at any time.
2. The Digital Billboard display must be programmed so it does not change more frequently than once every eight seconds, and the display's change occurs without use of scrolling, flashing, blinking, or other similar transitions. The Digital Billboard shall contain static images and text only, changed only through dissolve or fade transitions, and may not have movement, or the appearance or optical illusion of movement varying light intensity, of any part of the board, design, or pictorial segment of the board. The change of message using dissolve or fade transition shall not exceed one (1) second of time between each message displayed on the board.
3. In the event of a malfunction, all Digital Billboards shall contain a default mechanism that will cause the sign to revert immediately to a black screen.
4. Before the issuance of a Digital Billboard sign permit, the applicant shall provide written certification from the sign manufacturer that the light intensity has been factory programmed to comply with the maximum brightness and dimming standards in this subsection.
G. Co-Located Sign Structures: Co-located sign structures include those structures that include multiple signs within one (1) structure. Each sign is allowed a maximum total display area of 200 square feet, and the co-located sign structure is allowed a maximum display area for all the included signs on the structure of 800 square feet. Height: The maximum allowable height of a freestanding sign is twenty five feet (25').
A. The following minimum standards shall apply to all off premises signs, with the exception of off-premises signs within the highway buffer area in the Highway Commercial Overlay District zones, which said signs shall be permitted pursuant to the same standards as on-premises signs in commercial zones:
1. Signs, including the sign structure, shall not exceed twenty five feet (25') in height, except as follows:
a. Approved off-premises co-located signage structures, such as those to be placed in a highway frontage buffer as permitted by the Highway Commercial Overlay District, shall not exceed thirty (30) feet in height.
2. Flashing lights are prohibited, except as may be otherwise allowed within this chapter.
3. Maximum area is twenty five (25) square feet, except as may be otherwise allowed within this chapter.
4. Off premises signs are limited to commercial zoning districts and require a conditional use permit, except as may be otherwise allowed within this chapter.
Signs located in a residential zoning district pursuant to a conditional use permit for neighborhood commercial services shall be limited in size to a maximum of twenty (20) square feet and shall be located on the building or monument style.
A. Developers/Builders in the operation of a Model Home in a new subdivision, as such operation may be permitted under this code, may be permitted a single sign upon prior approval of the administrator of this Title, no greater than six (6) square feet in total display area, which may contain the name of the Builder/Developer, the words “Model Home”, a single phone number and an email address, which shall be located on the parcel which contains the Model Home.
Violations of any of the provisions of this chapter or failure to comply with any of its requirements shall constitute an infraction and subject the violator to the criminal and/or civil penalty provisions of Section 1-4-1 of this code. The fourth subsequent violation made within one (1) calendar year from the date of the first violation shall constitute a misdemeanor and subject the violator to the criminal and/or civil penalty provisions of Section 1-4-1 of this code. Each day such violation continues shall be considered a separate offense. The landowner, tenant, subdivider, builder, or any other person who commits, participates in, assists in or maintains such violation may be found guilty of a separate offense.
Section 6. Severability.
The ordinance is hereby declared to be severable. Should any portion of this ordinance be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial invalidity.
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Section 7. Repealing of Conflicting Provisions.
All provisions of the current Rathdrum municipal Code or ordinances of the City of Rathdrum which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict.
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Section 8. Effective Date.
This ordinance shall be effective upon passage and publication as provided by law.
ENACTED BY City Council as an ordinance of the City of Rathdrum on the 13th
day of December 2023.
Approved by the Mayor on the 13th day of December 2023.
CITY OF RATHDRUM
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Vic Holmes, Mayor
ATTEST:
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Sherri Halligan, City Clerk