In addition to all other regulations specified in this title, the following provisions shall be adhered to:
A. Temporary Buildings: Temporary buildings, construction trailers, equipment and materials used in conjunction with construction work may be permitted in any zone only during the period construction work is in progress, and such temporary facilities shall be removed upon completion of the construction work and shall not be allowed for a period exceeding one year. If not removed within three (3) months after the end of the project, storage of such facilities or equipment shall require a special use permit authorized by the county. (Ord. 51, 9-2-2003)
B. Parking And Storage Of Certain Vehicles: Not more than two (2) unregistered vehicles of any kind or type, excluding farm implements and vehicles, shall be parked or stored on any property other than in a completely enclosed building, or behind a county approved, sight obscuring enclosure or fence, constructed of conventional fencing material, or in a legally licensed junkyard. The existence of or the intent to maintain six (6) or more unregistered vehicles of any kind or type, shall require a special use permit. (Ord. 70, 11-5-2012)
C. Provisions For Commercial And Industrial Uses: No land or building in any zone shall be used or occupied in any manner creating dangerous, injurious, noxious or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises; except, that any use permitted by this title may be undertaken and maintained if acceptable measures and safeguards are implemented to reduce dangerous and objectionable conditions to acceptable limits as established by the following performance requirements:
1. Fire Hazards: Any activity involving the storage of flammable or explosive materials, including hazardous materials, shall be protected by adequate firefighting and fire protection equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be a distance from the adjacent activities to a distance that is compatible with the potential danger involved as specified in the fire code and the national safety foundation publications.
2. Radioactivity Or Electrical Disturbance: No activity shall emit harmful radioactivity at any point, or electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance.
3. Noise: Objectionable noise as determined by the county that is due to volume, frequency, or beat shall be muffled or otherwise controlled. Air raid sirens and related apparatuses used solely for public purposes are exempt from this requirement, as are noises attendant to ordinary agricultural operations.
4. Vibration: No vibration shall be permitted which is discernable without instruments on any adjoining lot or property.
5. Air Pollution: Air pollution shall be subject to the requirements and regulations established by the Southwest district health department, or the state of Idaho.
6. Glare: No direct or reflected glare shall be permitted which is visible from any property outside an industrial-commercial zone or from any street.
7. Erosion: No erosion, caused by human instrumentalities, shall be permitted which causes objectionable conditions on neighboring properties.
8. Hazard Mitigation Statement: The county, prior to the issuance of a building permit, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements are to be eliminated or reduced to acceptable limits and tolerances.
9. Measurement Procedures: Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures by the health authority.
D. Accessory Buildings:
1. Will not be located in any required front yard area.
2. Will not be located closer than fifteen feet (15') from any side or rear property line if exceeding one hundred twenty (120) square feet in size.
3. A building permit will be required for any accessory building over one hundred twenty (120) square feet in size.
E. 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 county may modify these requirements if the animals are housed in soundproof structures that screen them from view of the abutting residential property.
F. Meatpacking, Processing Plant And Slaughterhouse Facilities:
1. Will be located not less than one thousand feet (1,000') from any residence, except for an owner's residence. (The 1,000 foot restriction may be waived if the affected property owners give written permission to the county.)
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 and vectors.
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.
G. Bulk Storage Of Flammable Liquids And Gases:
1. Will be located at least three hundred feet (300') from a residence, motel, or hotel, except for an owner's residence.
2. Will be erected with the written approval of the fire authority having jurisdiction.
3. Will have suitable loading and unloading spaces and off street parking facilities meeting the approval of the fire authority.
H. Chemicals, Pesticide And Fertilizer Storage And Manufacturing: Will have adequate fire protection, storage area, and handling and disposal as approved in writing by the fire authority having jurisdiction.
I. Contractor's Yard:
1. Will be located a minimum distance of at least three hundred feet (300') from any residence, except for an owner's residence.
2. Will have a vision screening fence around areas utilized for storage of equipment and demolition material.
J. Drive-In Restaurant:
1. Will be enclosed within the property lines 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 directing of night lighting toward the property lines.
K. Filling, Grading, Lagooning, Dredging, Or Other Earth Moving Activities:
1. Will take place in such a manner as to 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 damage to a floodway, channel, or natural drainageway.
6. Will construct and stabilize sides and bottom of cuts, fills, channels and artificial watercourses to prevent erosion or soil failure.
L. Gravel Pits, Rock Quarries, Sand And Clay Pits And Other Natural Resources Of Commercial Value:
1. A valid permit and license to develop shall be obtained from the proper state and federal agencies, and a copy of an approved reclamation plan shall be filed with the county and all other appropriate agencies.
2. The extent and method of rehabilitation shall be determined in advance of issuing a special use permit with due consideration given to what is suitable and compatible with the surrounding area.
3. Upon depletion of the area, all temporary buildings and structures except property line fences and structures for the loading, measuring or weighing of saleable material in storage, shall be entirely removed from the property.
4. Safety fencing shall be erected around all pits that create a safety hazard.
M. Cottage Industries:
1. No more than one person other than members of the family residing on the premises shall be engaged in such occupation.
2. Shall not generate traffic, parking or congestion problems.
3. Shall not change the outside appearance of the dwelling so that it detracts from the dwelling's principal use as a residence.
4. Shall not create a hazard to person or property, result in electrical interference, or become a nuisance.
5. Shall not result in outside storage or display of any kind that is visible from the street or neighboring property other than for personal or seasonal decorations.
6. In the case of a dwelling unit, shall not occupy more than thirty percent (30%) of the total floor area of the dwelling unit, or in the case of the accessory building, be more than twice the floor area of the dwelling unit.
7. Shall not produce noise, vibration, smoke, odors, heat or glare, as a result of a cottage industry, which would exceed that normally produced by a single residence as determined by the zoning administrator.
8. Shall not advertise on premises other than personal or business name, phone number and address, with said advertising to be not more than six (6) square feet in area.
N. 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.
O. Riding Stables And Arenas:
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 line.
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.
4. Will conform to CAFO animal density restrictions contained herein.
P. Rifle And Pistol Range:
1. Will be designed with a backstop.
2. Will be designed to avoid a line of fire that is directed towards 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 all periods of use.
Q. Wrecking Yard And Junkyard:
1. A sight obscuring enclosure meeting the terms of this title shall be constructed parallel to and ten feet (10') back of the right of way line of any public street or highway for any auto wrecking yard and salvage yard. Said fence shall be constructed along the entire premises devoted to such auto wrecking or salvage yard, and shall be constructed within one year from the effective date of this title.
2. Materials used and details of construction must be approved by the board. The decision of the board shall be guided by the need to preserve and protect the scenic and aesthetic values of the surrounding area, and to protect property value.
3. Will not store automobile, junk or salvage material that is visible from any other property.
4. Will not store automobiles or junk in a manner that exceeds the height of the fence.
5. Will have such landscaping that is appropriate with the surrounding area.
6. Will have a current, valid license from the state to operate a junkyard.
R. Landfill, Incinerators, Compost Operators, And Other Solid Waste Disposal Facilities: The commission may recommend and the board may grant a special use permit for the construction of a landfill, recycling center, incinerator, commercial composting operation, liquid waste land farm, or any other type of solid waste disposal or recycling operation subject to the following conditions:
1. No such permit shall be granted in the A2 zones.
2. Such operations shall be required to comply with all state, federal, and local laws, ordinances, and regulations governing the conduct of such operations.
3. Such operations shall be required to plan for, install and maintain such safeguards and measures as the commission shall require to ensure that ground water quality and air quality are preserved and environmental hazards and nuisance and unsightly areas are not created by the operation.
S. Manufactured/Mobile Home Placement Standards:
1. Manufactured homes meeting definition requirements of section 5-2-1 of this title may be sited on lots within the county limits after meeting the following requirements. Manufactured home does not include recreational vehicles.
a. Roof must meet snow load requirements of the county.
b. Shall have exterior siding and roofing which in color, material and appearance are similar to the exterior siding and roofing materials commonly used on surrounding dwellings.
c. Shall have a foundation fascia that is similar in appearance and durability to the masonry foundation of site built dwellings and which surrounds the entire perimeter of the structure and completely encloses the space between the siding and the finished grade.
d. Shall be permanently affixed and set upon a foundation base having an anchoring system that is totally concealed under the structure. The running gear and towing hitch shall be removed.
e. Shall obtain a building permit from the county building inspector, and the manufactured home must be placed to meet all requirements of the latest edition of Idaho manufactured home installation standards.
f. Shall meet all other state of Idaho requirements.
T. Mobile Home Placement: No mobile home may be placed on a single-family lot, or in any manufactured/mobile home park within the limits of the county after the effective date of this title unless it meets the rehabilitation standards as specified in title 44 of the Idaho Code and also meets the siting standards of a manufactured home as stated in section 5-2-1 of this title. Mobile homes do not include recreational vehicles.
U. Schools/Development Around Schools: As schools are placed or planned within areas around the county, considerations for the following will be planned for and included in any development applications:
1. Safe access routes to school for children.
2. Coordinated recreation areas in or around the school areas.
3. Open space areas preserved in and around the school areas.
4. Provisions for sidewalks, bike paths, greenways and other alternate transportation routes.
5. Bus turnout and transportation routes for buses.
6. Other features and amenities to ensure the safety of the school children.
V. Kennels: See subsection E of this section.
W. Communications Towers:
1. Definitions:
COLOCATION: The use of a single support system on the ground by more than one carrier or several support systems on an existing building or structure by more than one carrier.
FACADE MOUNTED: Directly attached or affixed to the elevation of a building, tank, or other structure.
FREESTANDING TOWER: A tower not physically attached to a building or structure. A tower that is attached to the ground by a foundation.
LATTICE TOWER: A support structure that consists of a network of crossed metal braces, forming a tower that is usually triangular or square in cross section.
MASTER DEVELOPMENT PLAN: A plan showing a carrier's expected network of wireless communication facilities within the county.
UTILITY POLE: A telephone pole, power pole, light pole, cable television pole, or flagpole. Light poles shall include street, stadium, and security light poles.
WIRELESS COMMUNICATIONS FACILITY: An unstaffed facility that transmits and/or receives electromagnetic signals, including antennas, microwave dishes, parabolic antennas, directional antennas and other type of equipment for the transmission or reception of such signals, towers or similar structures supporting the equipment, equipment buildings, shelters, cabinets and other facilities.
2. Regulations:
a. Use: The placement, use or modification of any wireless communication facility is subject to the provisions of this subsection.
(1) A1 Zones: New freestanding and lattice towers are allowed by special use permit. Wireless communication facilities attached to utility poles, existing towers or facades attached to buildings and structures are also permitted subject to a special use permit and to the provisions of this subsection.
(2) Site Selection Criteria: A master development plan is to be created, prior to any wireless communication facility permit request, based upon engineering constraints and desired areas of service. Wireless communication facilities shall be located on a master development plan in the following priority order:
(A) Colocation on an existing tower, structure or building. The applicant shall have the burden of proving that there are no feasible existing structures upon which to locate as described in this subsection.
(B) Publicly owned property.
(C) Other nonresidential buildings or vacant nonresidentially zoned land.
b. Types Of Facilities: Facility types are preferred in the following priority order:
(1) Roof mounted.
(2) Facade mounted.
(3) Utility pole mounted.
(4) Freestanding.
3. Colocation: Colocation is considered to be a visually unobtrusive installation method because the equipment is attached to an existing structure. Colocation of a wireless communication facility shall require notification of the commission.
4. New Freestanding Towers: No new tower shall be permitted unless the applicant demonstrates that no existing tower or structure can accommodate the applicant's proposed wireless communication facility.
5. Prohibitions: The following are prohibited or restricted:
a. Interference with county or city and public safety communication systems and/or area television or radio broadcast is prohibited.
b. Freestanding towers are prohibited within an A2 zone.
c. Diagonal bracing is permitted only to anchor the antenna to an existing building to which the antenna is attached.
6. Application Procedure: The county shall be the granting authority for wireless communication facilities colocating on existing structures or utility poles in accordance with the standards set forth below. All other wireless communication facilities shall require a special use permit. An application for a special use permit for a wireless communication facility shall contain the information set forth below, in addition to the standard application information required for all special use permits:
a. A site plan including location, type and height of the proposed wireless communication facility with setbacks, property lines, adjacent land uses, structures and zoning.
b. Elevation drawings or before and after photographs/drawings simulating and specifying the location and height of the antennas, support structures, equipment enclosures and other accessory uses.
c. The master development plan showing the location of all existing and proposed wireless communication facility sites of the applicant within the county, including the service area of each wireless communication facility.
d. Evidence demonstrating the unavailability of colocation, as set forth above.
e. Certification from the applicant's engineer that colocation of additional antennas for at least one additional provider is possible on the proposed pole and a signed statement by the applicant agreeing to accommodate colocation of additional antennas on the tower.
f. A lease agreement with the landholder that allows other providers to locate equipment on the subject property, and provides that if the provider fails to remove the wireless communication facility and equipment within one hundred eighty (180) days of its discontinued use, the responsibility for removal shall belong to the landholder.
7. Standards:
a. Roof Mounted:
(1) Height: Roof mounted wireless communication facilities may extend above the highest portion of the roof, including parapet walls, by a distance equal to its distance to the nearest exterior wall.
(2) Setback: Roof mounted wireless communication facilities shall be set back from the edge of the building the height of the antenna and support system.
(3) Lighting: Lighting of antennas or support structures shall be prohibited except as required by the FAA.
b. Facade Mounted:
(1) Height: Facade mounted wireless communication facilities may not exceed five feet (5') above the facade to which it is attached.
(2) Setback: Maximum projection of eighteen inches (18"), but may not encroach into the public right of way.
(3) Attachment: The antenna and supporting electrical and mechanical equipment must be the same color as the supporting structure so as to make the antenna and related equipment as unobtrusive as possible.
c. Freestanding:
(1) Setback: Setbacks shall be measured from the base of the tower to the property line of the parcel on which it is located. Towers shall be set back from all residences and residential zoned property one hundred twenty five percent (125%) of the tower height as measured from ground level.
(2) Color: Freestanding towers shall be a neutral color, simulate a standard utility pole, or otherwise be camouflaged or disguised so as to make the tower as unobtrusive as possible.
(3) Landscaping: Landscaping and screening may be required in an A2 zone to visually screen the support structure and aboveground equipment enclosures. Landscaping and screening shall consist of a combination of trees, foliage and shrubs of dense spacing in the form of either: a) a screening wall or fence surrounded by a five foot (5') wide landscape planter; or b) a ten foot (10') wide landscape planter without a screening wall or fence. All landscaping shall be watered, fertilized and maintained as necessary. All dead plantings shall be replaced within thirty (30) days.
(4) Lighting: Lighting of antennas or support structures shall be prohibited except as required by the FAA. All lighting shall include red flashing lights at night.
(5) Maintenance: All facilities and landscaping shall be properly maintained.
(6) Abandonment: Upon abandonment or discontinuation of use, the landowner shall be responsible for the removal of the wireless communication facility within one year of the date of abandonment or discontinuation of use, and restore the site to its original condition.
(7) Ridgeline And Viewshed Areas: Construction that considerably degrades the scenic quality of a pristine area by its location of high visibility shall not be permitted; degradation of scenic quality is to be reasonably prevented. (Ord. 51, 9-2-2003)