Zoning Ordinances, Idaho Code, § 67-6511.

Amendments Ord AM-0001 June 6, 2022; Ord 2022-10 September 6, 2022; Ord 2022-13

September 19, 2022; Ord 2022-14 October 3, 2022; Ord 2023-02 February 27, 2023; Ord 2023-05 April

3, 2023

Chapter 112

ZONING*

*State law reference--Local Land Use Planning Act, Idaho Code, § 67-6501 et seq.; Zoning Ordinances, Idaho Code,

§ 67-6511.

Article I – General Provisions

Division 1. General Provisions

Sec. 112-1 General Provisions

Sec. 112-2 Interpretation, Relation to Other Ordinances

Division 2. Definitions

Sec. 112-3 General Rules for Use of Language

Sec. 112-5 Definitions

Article II – Administration and Enforcement

Division 1. Administration

Sec. 112-26 Establishment of the Planning Department

Sec. 112-27 The Planning Administrator

Sec. 112-28 The Planning and Zoning Commission

Sec. 112-29 The Hearing Examiner

Division 2. Enforcement

Sec. 112-30 Enforcement/Penalty

Division 3. Applications/Public Hearings/Appeals/Fees

Sec. 112-31 Applications

Sec. 112-32 Public Hearings

Sec. 112-33 Appeals/Reconsideration

Sec. 112-34 Abandonment of Application

Sec. 112-35 Zoning Certificate

Sec. 112-36 Fees

Article 1. General Provisions

Division 1. General Provisions

Sec. 112-1. General Provisions.

(a) Authority. The zoning regulations and districts contained herein have been prepared, adopted

and enacted pursuant to the authority granted the county by Idaho Code, Title 67, Chapter 65

(Idaho Code, § 67-6501 et seq.) and Article 12, Section 2 of the Idaho Constitution, as amended

or subsequently recodified.

(b) Title. This chapter shall be known as the "Zoning Ordinance of Jefferson County, Idaho."

constitution and laws of the state. The zoning regulations and districts herein established have

been made in accordance with specific goals and designs for the county to promote the health,

safety and general welfare of the residents of the county through efforts to:

(1) Protect property rights and enhance property values.

(2) Ensure that adequate public facilities and services are provided to the citizens at a reasonable

cost.

(3) Ensure that the economy of the county is protected and enhanced.

(4) Ensure that important environmental features of the county are protected and enhanced.

(5) Encourage the protection of prime agricultural, forestry and mining lands for production of food,

fiber and minerals.

(6) Encourage urban and urban-type development within incorporated cities and within areas of city

impact.

(7) Avoid concentration of population and overcrowding of land outside of urban growth areas.

(8) Ensure the development of land is commensurate with the physical characteristics of the land.

(9) Protect life and property in areas subject to natural hazards and disasters.

(10) Protect fish, wildlife and recreation resources as is consistent with state and federal law.

(11) Avoid water and air pollution with standards set by state and federal government.

Sec. 112-2. Interpretation, Relation to Other Ordinances

(a) Minimum requirements. In interpretation and application, the provisions of this zoning chapter

shall be held to be minimum requirements, adopted for the promotion of the public health, safety

and general welfare of the citizens of the county. Whenever the requirements of this chapter

conflict with the requirements of any other lawfully adopted rules, regulations, ordinances or

resolutions, the most restrictive or that imposing the higher standards shall govern.

(b) Compliance. No structure or land shall hereafter be constructed, located, extended, converted or

altered without full compliance with the terms of this chapter and other applicable regulations.

be invalid or unconstitutional, such decision shall not affect the validity of the chapter as a whole

or any part thereof, other than the part so declared to be invalid or unconstitutional.

(d) Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate or impair

any existing easements, covenants, or deed restrictions. However, where this chapter and any

other ordinance, easement, covenant or deed restriction conflict or overlay, whichever imposes

the more stringent restrictions shall prevail.

Division 2 Definitions.

Sec. 112-3. General Rules for Use of Language.

(a) Purpose. To give this chapter its most reasonable application, the words or phrases used

throughout the chapter, shall be interpreted so as to give them the meaning they have in common

usage, unless specifically defined below.

(b) Rules of construction. Whenever appropriate to the context, words used in the present tense

include the future tense; words used in the singular include the plural; words used in the plural

include the singular; and words in the masculine shall include the feminine. The term "shall" is

mandatory; the term "may" is permissive; and the word “should” is preferred.

assigned to them as defined in Webster's dictionary ("The Merriam-Webster Collegiate

Dictionary", eleventh edition).

(d) All public officials, bodies, and agencies to which references are made are those of Jefferson

County, unless otherwise indicated.

(e) All aviation terms, definitions, and references to airports are as defined in federal aviation

regulations part 77.

Sec. 112-5. Definitions.

(a). Words and terms defined. The following words, terms and phrases, when used in this chapter,

shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a

different meaning:

(1) Abutting – A common border with, or being separated from, such a common border by right-

of-way, alley, or easement.

(2) Accessory - A use, building structure or part thereof, which is subordinate to or incidental to

the main building structure or use on the same parcel of land. Such uses include, but are not

limited to, closed shops, sheds, and pole barns.

(3) Administrative use permit - A permit granted by the administrator for a specific use.

Administrative use permits shall be classified under one of the following categories:

a. Class 1 - Uses resulting in minimal impact and nuisance to surrounding properties.

Such uses include, but are not limited to, Christmas tree stands, firework stands, and

other temporary seasonal stands etc.

b. Class 2 - Uses having a more significant impact to surrounding properties. Such uses

include, but are not limited to, rock crushing at a temporary or existing location,

special events comprising of one hundred (100) people or more, etc. and can be held

on more than one day/time.

(4) Administrator - An official having knowledge in the principles and practices of zoning,

subdividing and other land uses, who is appointed by the JCC to administer this chapter.

(5) Aeration plant - Equipment or devices for the treatment of liquefied waste or sewage, capable

of meeting the standards and requirements of the Idaho State Department of Health.

(6) Affected person – One having a bona fide interest in real property which may be adversely

affected by the issuance or denial of a permit authorizing development.

(7) Agricultural land - Any parcel of land presently being used for the primary purpose of raising,

feeding, breeding, managing the products of human, livestock, poultry, fur-bearing animals

or honeybees.

(8) Aircraft landing strip - A private facility for the accommodation and servicing of aircraft, the

use of which shall be limited to the owner or owners of the land where the strip is located.

(9) Aliquot Parcel – The division of a surveyed section of land, described without reference to

bearing or distance, into square or rectangular parcels, the area of each parcel comprising a

fractional portion of the total area of the section and of the parcel from which it is being

divided.

(10) Alley – A minor street providing secondary access at the back or side of a property

otherwise abutting a street.

(11) Amusement Park - An outdoor facility, which may include structures and buildings,

containing means for entertainment such as amusement rides, booths for the conduct of games

or sale of items, booths for shows and entertainment, or booths for the sale of food and drink.

(12) Appeal – A timely request authorized by law which is made by an affected person for

review of the interpretation, administration, or enforcement of any provision of this Chapter.

(13) Auto Service Station – Any building, place, or location designed to supply motor vehicles

with fuel, oils, greases, recharge, automotive sundries, or for the inspection, testing,

examination, or repair of said motor vehicles, including the repair and replacement of

automotive parts.

(14) Auto Sales – The sale of new or used automotive vehicles and/or the storage of new or used

automotive vehicles held for sale.

(15) Automobile Impound – A facility providing temporary outdoor storage for Class I vehicles

that are to be claimed by titleholders or their agents.

(16) Batching plant – An industrial facility used for the production of asphalt or concrete, or

asphalt or concrete products, and which shall also include facilities for the administration or

management of said business, the stockpiling of bulk materials used in the production process

or of finished products manufactured on the premises, and the storage and maintenance of

required equipment.

(17) Berm– An earthen mound designed to provide visual interest, screen undesirable views,

reduce noise, or fulfill other such purposes.

(18) Billboard – A board, panel, or tablet used for the display of posters, printed or painted

advertising matter, either illuminated or non-illuminated, that directs attention to goods,

merchandise, entertainment, or services offered elsewhere than the premises where the sign

is located.

(19) Boarding house or rooming house – A residential dwelling or portion thereof, which is

used to provide lodging for two (2) or more non-family members for compensation.

(20) Buildable area – The space remaining on a lot after the minimum open space requirements

(coverage, yards, and setbacks) have been met.

(21) Building height – The distance, measured vertically, from the undisturbed or natural ground

surface to the top of the building’s roof.

(22) Building official - The individual designated by the administrator and/or the Jefferson

County Commissioners (JCC) to administer and enforce this chapter and the International

Building Code adopted by the county.

(23) Building permit - An official document or certification issued by the building official, or

under the direction of the building official, authorizing the construction, alteration,

enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition,

moving, or repair of a building or structure.

(24) Building setback line – A designated distance established by ordinance by which all

buildings shall be set back away from property lot lines.

(25) Building site - An area proposed or provided and improved by grading, filling, excavation

or other means for erecting pads for buildings.

(26) Campground – see Recreation.

(27) Carport – A roofed structure not more than seventy-five percent (75%) enclosed by walls

and attached to, or detached from the main building for the purpose of providing shelter for

one or more motor vehicles, or other equipment.

(28) Cemetery – A lot that has been platted for the selling of sites for the burial of animal or

human remains.

(29) Certificate of occupancy – A written document required prior to occupancy, issued for a

use upon a developer’s compliance with the provisions of this code and any applicable

development agreement.

(30) Certified foster family home – Home facilities for care which shall provide for the housing

and/or care of clients.

(31) Child center or daycare center - Any facility operated by a person, society, agency,

corporation, institution, or any other group that is licensed by the State of Idaho wherein are

received seven (7) or more children under eighteen (18) years of age who are not related to

such person, and whose parents or guardians are not residents in the same facility, and where

such person, society, agency, corporation, or institution is responsible for the control and care

of children enrolled therein.

(32) City - Incorporated areas within Jefferson County, Idaho in accordance with Idaho Code

Title 50.

(33) Central septic system – Any system which receives blackwaste or wastewater in volumes

exceeding twenty-five hundred (2,500) gallons per day; any system which receives

blackwaste or wastewater from more than two (2) dwelling units or more than two (2)

buildings under separate ownership.

(34) Clinics - An establishment where human patients who are not lodged overnight are

admitted for examination and treatment by a group of physicians, dentists or other health care

professionals, or similar professions.

(35) Clear vision area - The triangular area within the intersection of the linear extension of the

lateral curb lines, or edges if no curb exists, of two roadways, or a roadway and a railroad,

and extending back from the point of intersection along each roadway or railroad a distance

of 40 feet, except that where the angle of intersection is less than 30 degrees, a greater distance

may be required as determined by the Jefferson County Public Works Department or other

local, state, or federal regulatory agency.

(36) Club or lodge - An organization and its premises catering exclusively to members and its

guests for social, philanthropic, service, intellectual, recreational, entertainment or athletic

purposes.

(37) Clustering – A process allowing lots to be reduced in size and be placed closer together,

provided the total development density does not exceed that which could be constructed on

the site under conventional zoning with the remaining land being utilized for open space or

public purpose.

(38) Commercial use - An occupation or enterprise which is carried on for profit upon the

premises for which the use lies.

(39) Commission (“PZC”) – The Jefferson County Planning and Zoning Commission which

includes any applicable joint commission for an Area of Impact (“AOI”).

(40) Common open space - An area held for the use and benefit of the owners of dwelling units

or lots in a development which is devoid of streets, parking, or buildings not intended for

recreational or community purpose. Common open space does not include open space of

individual lots within a subdivision, but may include open space as a buffer for commercial

and industrial land uses, and a buffer on the perimeter of a Planned Unit Development

(“PUD”).

(41) Community well – A centralized system providing potable water and septic water services

to multiple housing units.

(42) Comprehensive plan – A documented plan adopted by the JCC that herein may be referred

to as a comprehensive plan or comprehensive development plan as defined in Idaho Code §

67-6509.

(43) Conditional use – A use which may not be appropriate throughout the zoning district but

which, when subject to special requirements (conditions), may be allowed.

(44) Condominium – A building or complex of joined buildings containing a number of

individually owned apartments or houses.

(45) Confined animal feeding operation (“CAFO”) - Agricultural facilities that house and feed

a large number of animals (e.g., cows, hogs, chickens, or turkeys) in a confined area for forty-

five (45) days or more during any twelve (12) month period. This term may also be referred

to as a concentrated animal feeding operation.

(46) Convenience store – A retail store containing designed and stocked to sell purchases of a

few items (in contrast to a supermarket) and which may also sell fuel.

(47) County – Jefferson County, Idaho.

(48) County Commissioners (“JCC”) – The Jefferson County Commissioners, the governing

body.

(49) County recorder – The office of the Jefferson County Recorder (Jefferson County Clerk).

(50) Culvert – A driveway driveway pipe, bridge or structure where water may run through.

(51) Development – Any manmade change to improved or unimproved real estate, including,

but not limited to, buildings or other structures, mining, dredging, filling, grading, paving

excavation or drilling operations located within the county.

(52) Duplex – A unit for two (2) families, which are separated by a common wall, with each

dwelling unit having an independent access.

(53) Dwelling – i.e. dwelling unit. Any building or structure with facilities for cooking, sleeping

and sanitation designed as a shelter or enclosure for persons, conventionally built, modular

constructed, mobile home or portion thereof, remodeled for residential occupancy.

Accessory Dwelling: A dwelling unit located on the same lot as a single family dwelling,

either within the same building as the single family dwelling or in a detached building

consistent with section 112-358.

Multi-family dwelling: A building or portion thereof which contains more than two (2)

dwelling units.

Single Family Dwelling: A building which contains one dwelling unit or which meets the

definition of a "group home".

(54) Environmental health officer – An individual designated by the JCC or the Idaho State

Department of Health to enforce health and safety laws or regulations.

(55) Family – The immediate members, within the first degree of consanguinity of blood

relation of son, daughter, father, mother, grandparent or legally adopted children.

(56) Farm building – Any building or structure, other than a dwelling unit, built or placed upon

land within a farm and considered essential and standard to the carrying on of farm operations.

(57) Farming – The raising and harvesting of crops; feeding, breeding, and management of

livestock; dairying; or any other agricultural or horticultural use including nurseries for

wholesale, or any combination thereof. It also includes fisheries, including fishponds for

breeding fish and fish hatcheries. It includes the construction and use of dwellings and other

structures customarily provided in conjunction with farming, and further includes the

disposal, by marketing or otherwise, of products produced on the premises.

(58) Feedlot – An animal feeding operation, utilized seasonally, which may include a place for

calving of livestock.

(59) Floor area – The area included within the surrounding walls of a building, or portion

thereof, exclusive of vent shafts and court, multiplied by the number of stories.

(60) Forestry – The science or practice of planting, managing, and caring for forests and tree

farms.

(61) Freight terminal – A heavy truck or rail facility for freight pick-up, transfer or distribution;

may include intermodal distribution facilities for truck or shipping transport.

(62) Grade- At ground level.

(63) Greenbelt – Land retained in an open improved or unimproved, natural condition or

landscaped and improved as park facilities for public and/or private purposes. Ownership of

such land may be private, with an easement or reservation for greenbelt use by deed restriction

or it may be dedicated to the public. The designation of a greenbelt does not automatically

provide for access by the public.

(64) Gross Floor Living Area – The sum of horizontal areas of each floor of a building,

measured from the interior faces of the exterior walls or the centerlines of walls separating

two (2) buildings.

(65) Group Home - A single-family dwelling in which eight (8) or fewer unrelated elderly

persons or persons with disabilities reside and who receive on site supervision in connection

with their disability or age-related infirmity. Resident staff, if employed, need not be related

to each other or to any of the other persons residing in the group home. No more than two (2)

of such staff members shall reside in the dwelling at any given time.

(66) Hardship – A deprivation of an owner’s right to all economic use and benefit from property

caused when a zoning ordinance makes it insurmountable to receive a reasonable return from

the property.

(67) Hearing Body – The entity charged with the conduct of a public hearing and a decision or

recommendation on an application or appeal pursuant to the provisions of this chapter. The

hearing body may be a hearing examiner, the planning and zoning commission, or the board,

as appropriate.

(68) Home based business – Any commercial enterprise or business conducted at a residence

which does not constitute a home occupation.

(69) Home occupation – Any commercial use carried on as an accessory use within a dwelling

or permitted accessory building which does not require any exterior building alterations, that

generates limited additional traffic, require additional off-street parking or otherwise create

the appearance or impact of a commercial activity within the neighborhood.

(70) Hotel, motel or lodge – A building providing five (5) or more rooms for the lodging of

members of the public for compensation.

(71) Industrial operations classifications – Industrial uses may be classified under one of the

following categories, which characterizes the dominant feature of the operation for purposes

of regulation under this chapter:

a. Extraction. The removal of physical matter in a solid, liquid or gaseous state from its

naturally occurring location. The initial step in utilization of or harvesting a natural

resource such as oil, natural gas, coal, gravel pits and timber.

b. Processing. Changing the physical state or chemical composition of products. The

second step in utilization of a natural resource or product grown for consumption,

such as refining petroleum, milling feed, canning or packaging food, mixing cement,

blending fertilizer and crushing gravel.

c. Fabrication. Changing the physical shape of material which has been processed to

form a product.

d. Storage. The keeping of material or products from extraction, processing or

fabrication on a parcel of land, in a building, storage tank or other structure.

e. Repair. Restoration of a used or damaged product to its original, physical shape or

function, such as automobile, equipment and appliance repair.

f. Material handling. Loading and unloading goods, materials and products in bulk or

large quantities, separate from the operations of extraction, processing, fabrication or

storage.

(72) Infrastructure – Facilities and services needed to sustain industry, residential, commercial,

and all other land-use activities, including but not limited to water, sewer lines, and other

utilities, streets, roads, communications and public facilities.

(73) Loft – A floor level located more than thirty inches (30”) above the main floor, open to the

main floor on one (1) or more sides with a ceiling height of less than eighty inches (80”) and

used as a living or sleeping space (see tiny house).

(74) Lot – A parcel of land held in separate ownership from contiguous lands or delineated as

an individual parcel on record in the office of the county clerk and recorder, including, but

not limited to, a part of any subdivision plat filed of record.

(75) Lot coverage – The total area of a lot which is occupied by the physical improvements or

uses such as buildings, structures, parking, loading/unloading, driveway and storage. Normal

landscaping improvements are not computed into the lot coverage area.

(76) Lot line – The external boundary of a lot.

a. Front. The boundary of a lot along a highway, road, or street.

b. Rear. The boundary of a lot on the back side of the property or the side opposite the

front lot line.

c. Side. The boundaries of a lot other than a front or rear lot line.

(77) Lot line adjustment – A boundary/property line correction typically requiring a “give” and

“take” by two (2) or more affected property owners. The purpose is to either correct or adjust

existing property lines, but not to create a new parcel of land, obtain a building right, or

circumvent a lot split. A lot line adjustment does not legally occur until the adjustment has

been approved to ensure ordinance compliance and deeds with new legal descriptions have

been recorded. (Note: A record of survey “ROS” is not a legal division of property).

(78) Lot, corner – A lot abutting two (2) or more roads, other than an alley, at their intersection.

(79) Lot, nonconforming – A lot existing on the effective year of 2008 that does not meet the

minimum area requirement of the zoning district in which the lot is located.

(80) Lot slope – The gradient or configuration of the undisturbed land surface of a lot or building

site, which shall be established by measuring the maximum number of feet in elevation gained

or lost over each one hundred feet (100’) or fraction thereof, measured horizontally in any

direction between opposing lot lines. The relationship of elevation or vertical measurement

shall be expressed as a percentile, as a means of quantifying the term "lot slope."

(81) Lowest floor – The lowest floor of the lowest enclosed area (including basement). An

unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access

or storage, in an area other than a basement area, is not considered a building's lowest floor.

(82) Manufactured (mobile) home – A structure, transportable in one or more sections, which

in the traveling mode is eight (8) body feet (2,438 body mm) or more in width of forty (40)

body feet (12,192 body mm) or more in length, or, when erected on site, is three hundred

twenty square feet (320 ft

) (30 m²) or more, and which is built on a permanent chassis and

designed to be used as a dwelling with or without a permanent foundation when connected to

the required utilities, and includes the plumbing, heating, air-conditioning, and electrical

systems contained therein. Such term shall also include any structure that meets all of the

requirements of this definition except the size requirements but with respect to which the

manufacturer voluntarily files a certification required by the Secretary of Housing and Urban

Development (HUD). Mobile homes built prior to June 15, 1976, shall have a label certifying

compliance to the Standard for Mobile Homes, NFPA 501, in effect at the time of

manufacture. For the purpose of these provisions, a mobile home shall be considered a

manufactured home.

(83) Manufactured (mobile) home park or manufactured (mobile) home subdivision – A parcel

(or contiguous parcels) of land, divided into two (2) or more manufactured home lots or spaces

for rent or sale.

(84) Mini storage facility – A building or group of buildings of various sizes of individual self-

contained units that are leased or owned for the storage of customer's goods or wares.

(85) New construction – Any structure for which the start of construction commenced on or

after the effective date of the ordinance from which this chapter is derived.

(86) Nonconforming structure or nonconforming use – A lawful existing structure or use, which

existed prior to 2008, and is not conforming to the requirements of the zone in which it is

located (this includes nonconforming lots of record).

(87) Nursing home – A building or facility providing skilled nursing care and related medical

services for two (2) or more individuals on a twenty-four (24) hour basis who are mentally ill,

developmentally or physically disabled, or otherwise ill requiring care.

(88) Off-street parking – An area developed and maintained on a parcel of land in an accessible

and unobstructed condition for the parking of automobiles by residents, visitors, employees,

and customers or uses permitted on the same or adjacent premises.

(89) Park trailer - A vehicle built on a single chassis, mounted on wheels, designed to provide

seasonal or temporary living quarters which may be connected to utilities for operation of

installed fixtures and appliances, of such a construction as to permit set-up by persons without

special skills using only hand tools which may include lifting, pulling and supporting devices

and a gross trailer area not exceeding four hundred square feet (400 ft

) when in the set-up

mode.

(90) Pasture – An area suitable for the keeping of livestock or poultry.

(91) Permit – An instrument in writing, issued by the planning administrator, or county building

official, permitting a specific use of land, building, or structure in conformance to regulations

under this chapter, and setting forth any conditions to which such use is subject.

(92) Person – Every natural person, firm, partnership, association, social or fraternal

organization, corporation, estate, trust, receiver, syndicate, governmental entity, or any other

group or combination acting as a unit.

(93) Personal service – Any retail service, which provides service of an individual need,

including but not limited to dry cleaning, beauty salons, or barbershops.

(94) Picnic park – see Recreation.

(95) Planning administrator – The individual designated by the JCC to assist them and the PZC

with the administration of this chapter and related state and county laws and regulations.

(96) Private school – A school that is established, conducted, and primarily supported by a

nongovernmental agency.

(97) Recreation terms are as follows:

(a) Recreational facility – Facilities designed for recreational uses such as parks,

playgrounds, athletic fields, pathways for pedestrians/bicyclists, and other similar uses.

(b) Campground - A recreation park which provides facilities and space for tents, tent

vehicles, or camping vehicles.

vehicle or overnight camping spaces.

(d) Recreational vehicle (RV)- A vehicular type unit primarily designed as temporary

quarters for recreational, camping, or travel use, which either has its own motive power

or is mounted on or drawn by another vehicle.

(e) Recreational vehicle (RV) park - A plot of land upon which two (2) or more recreational

vehicle sites are located, established, or maintained for occupancy by recreational

vehicles of the general public as temporary (six (6) months or less) living quarters for

recreational or vacation purposes.

(98) Riding arena – A commercial building or land where horses are kept for riding and also

including activities associated with riding horses; including horse shows, team roping, and

similar activities.

(99) Salvage yard (junkyard) – Any location which is maintained, used or operated for

dismantling, storing, keeping, buying or selling discarded, scrapped or ruined vehicles,

machinery, appliances, metal products, paper, synthetic petrochemical products or any other

scrap or waste materials.

(100) Sawmill – A facility where logs are sawn, split, shaved, stripped, chipped, or otherwise

processed to produce wood products.

(101) School – A public or private pre-school, elementary or secondary school college or private

school.

(102) Septic tank – A watertight, accessible, covered receptacle, designed and constructed to

receive sewage from a building sewer, to settle solids from the liquid, to anaerobically digest

organic matter and store digested solids through a period of retention and allow the clarified

liquids to discharge to other treatment units for final disposal.

(103) Setback – The minimum distance required between a given point, or object and structure

or building.

(104) Sewage treatment works – A system or facility for treating, neutralizing, stabilizing or

disposing of sewage, which system or facility has a designated capacity to receive more than

2,500 gallons of sewage per day. This term includes appurtenances such as interceptors,

collection lines, outfall and outlet sewers, pumping stations and related equipment.

(105) Short term rental – A person that provides a platform through which a lodging operator, or

the authorized agent of the lodging operator, offers a short-term rental or vacation rental to an

occupant.

(106) Space – That portion of a park reserved for the location of a recreation vehicle, tent, tent

vehicle, or camping vehicle.

(107) Sport or shooting range – A facility or area with permanently-located structures that is

designed or intended to provide a confined space for the safe discharge, on a regular and

structured basis, of lawfully possessed firearms, archery equipment, or other weapons for the

purpose of target practice, shooting competitions, or training. This definition does not include

any facility or area designed and utilized exclusively for air guns, and shall neither apply to

nor affect a landowner and guests of the landowner discharging a firearm, when the discharge

will not endanger persons or property (as required by Idaho Code § 18-3302J(3)(c)).

(108) Start of construction – The date the actual start of construction, repair, reconstruction,

placement, or other improvement, being within one hundred eighty (180) days of the permit

issuance date. The actual start means either the first placement of permanent construction of

a structure on a site, such as the pouring of slab or footings, the installation of piles, the

construction of columns, or any work beyond the stage of excavation; or the placement of a

manufactured home on a foundation. Permanent construction does not include land

preparation, such as clearing, grading and filling.

(109) Storage tanks – Underground or above-ground fuel, liquid, or liquefied gas storage tanks

typically used for farm, commercial, industrial, or private use.

(110) Street – A right-of-way reserved for public use (other than alley) which also provides

primary vehicular and pedestrian access to adjacent properties; it may also be used for utility

access to adjacent properties.

a. Arterial Street – A Street designated for the purpose of carrying fast and/or heavy

traffic.

b. Street, local – A Street primarily used for access to adjacent properties, typically

located in cities or subdivisions.

c. Collector Street – A Street designated for the purpose of carrying traffic from minor

streets to other collector streets and/or arterial streets.

d. Dead-end street – A Street connecting to another street at one end only and not having

provision for vehicular turn around at its terminus.

(111) Structure – Any structure used or intended for supporting or sheltering any use or

occupancy.

(112) Substantial improvement.

a. The term "substantial improvement" means repair, reconstruction, or improvement of

a structure, the cost of which equals or exceeds fifty percent (50%) of the market

value of the structure either:

i. Before the improvement or repair is started; or

ii. If the structure has been damaged and is being restored, before the damage

occurred.

For the purposes of this definition, the term "substantial improvement" is considered

to occur when the first alteration of any wall, ceiling, floor or other structural part of

the building commences, regardless of whether that alteration affects the external

dimension of the structure.

b. The term "substantial improvement" does not, however, include either:

iii. Any project for improvement of a structure to comply with existing state or local

health, sanitary or safety code specifications, which are solely necessary to

ensure safe living conditions; or

iv. Any alteration of a structure listed on the National Register of Historic Places

or a state inventory of historic places.

(113) Technical review committee – A committee recommended by the Administrator or

PZC and appointed by the JCC to assist with the technical evaluation of subdivisions,

conditional use applications, variance applications, light or heavy industrial development,

other land use applications, or any other applications that would be suitable for reviewable

safety or environmental concerns related to the operation or proposed development. This

committee will make recommendations to the PZC or JCC, however directed, following its

review. The membership of the committee shall include, but not be limited to, persons

engaged in either private or public work with specific knowledge in the following areas:

a. Road design and construction;

b. Heath requirements for water and sewer;

c. Water and sewer design and construction;

d. Environmental planning criteria such as geology, water systems, vegetation and

noise;

e. Solid waste;

f. Recreational and open space;

g. Emergency services including medical services for public evets and traffic/crowd

control; and

h. Fire safety or hazardous waste or chemical handling.

(114) Temporary – A period of time of six (6) months or less, unless approved for an extended

period exceeding six (6) months with an approved conditional use permit.

(115) Tiny house – A dwelling that is four hundred square feet (400ft

) or less in floor area

excluding lofts.

(116) Tower – A freestanding structure designed and constructed specifically to support an

antenna array. The structure may include a monopole tower, collapsible to telescoping, self-

supporting (lattice) tower, guyed tower and other similar structures.

(117) Townhouse/condominium – One (1) of the units in a multi-unit dwelling, each separately

owned. Townhouse/condominiums shall only be permitted in city limits.

(118) Use.

a. Use by right – Use allowed in a particular zone district when listed thereunder with

no further conditions or approval required other than the general terms and

stipulations of this chapter.

b. Use, accessory – A use, incidental and subordinate to the principal use of the lot,

structure or building on the same lot.

c. Use, principal – The purpose or function for which a lot, structure or building is

intended, designed or constructed or the activity which is carried on within said lot,

structure or building; a lot is restricted to one principal use.

d. Use, special or conditional – Uses allowed only after a public hearing by the PZC,

which permit may be approved or denied. If approved, certain conditions and

performance standards may be imposed and must be complied with by the permittee.

(119) Utility – All facilities related to the provision, distribution, collection, transmission, or

disposal of water, storm and sanitary sewage, oil, gas, power, telecommunication, telephone

cable etc.

(120) Variance – A modification of the requirements of this chapter as to lot size, lot coverage,

width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, or

other ordinance provisions affecting the size or shape of a structure or the placement of the

structure upon lots, or the size of lots.

(121) Vicinity map – A map depicting the general location of the subject property to other

properties, the transportation system, landmarks and other physical features within a one mile

radius of the site.

(122) Water impoundments – Impoundments of water, including surface runoff stream flow,

extracted ground water and water as a by-product of extraction or processing of mineral

resources, energy generation, or agricultural, municipal or industrial water supply or sewage

treatment installation, with a surface area of one acre or more, or a number of smaller

impoundments on one lot with an aggregate surface area of one acre or more.

(123) Zoning official – The Planning and Zoning Administrator or his designee.

Secs. 112-6--112-25. Reserved.

Article II. ADMINISTRATION AND ENFORCEMENT

Division 1. Administration

Sec. 112-26. Establishment of the Planning Department

(a) Pursuant to the authority granted at Idaho Code title 31, chapter 8, the Board of county

commissioners has created a planning department to assist in the fulfillment of the duties

prescribed by this Chapter and Idaho Code.

(b) The Board of county commissioners shall designate a planning administrator, who shall be

charged with administering the provisions of this Chapter.

it deems necessary for compliance with this Chapter.

Sec. 112-27. The Planning Administrator

(a) The Board of county commissioners shall designate a planning administrator, who shall be

charged with administering the provisions of Part III, including, without limitation, the following:

(1) Fees. The administrator is authorized to collect fees, as approved by resolution of the

board, for services associated with development activities authorized in this Chapter.

(2) Forms. The administrator is authorized to develop and require the completion of forms to

aid in the administration of this Chapter.

(3) Interpretation. In applying this Part III to situations that are not specifically addressed, the

actions taken shall be in conformance with the purpose and intent of the code, and shall

be in the best interest of the public, but with due consideration for individual property

rights.

(4) Right To Inspect. The property owner or authorized applicant's signature on a permit

application shall constitute approval for the department to enter onto and inspect the

property which is the subject of the permit application except in cases where construction

standards are governed by codes other than those under the jurisdiction of the county,

such as the national electrical safety code (NESC), or where entry onto the property may

be limited to qualified or certified personnel due to the nature of the use. In such cases, an

application for a permit shall not constitute a waiver of the right to limit entry onto the

subject property.

(5) Abatement of Nuisances and Hazards. The administrator shall have the authority to abate

public nuisances and hazards as provided in Idaho law and this chapter.

Sec. 112-28. The Planning and Zoning Commission

(a) Membership. The Jefferson County planning and zoning commission is established to perform

both planning and zoning duties specified in the Idaho "local land use planning act", Idaho Code,

title 67, chapter 65 and this chapter. Such commission shall meet the requirements at Idaho Code

67-6504(a) Membership, and shall consist of not less than three (3) nor more than twelve (12)

voting members, appointed by the chairperson, and confirmed by a majority vote of the board.

Members shall be selected without regard to political affiliation and shall serve without

compensation, provided, however, that actual and necessary expenses shall be allowed if

approved by the board.

(b) Term. The length of the appointment term for commissioners shall be four (4) years unless

removed for cause pursuant to Idaho Code section 67-6504. A commissioner must have resided in

the county for two (2) years prior to his/her appointment, and must remain a resident of the

county during his/her service on the commission. Commissioners serving when this chapter is

adopted shall continue to serve the terms for which they were appointed.

for in Idaho Code section 67-6504(b).

(d) Duties And Powers. The commission shall have those powers and perform those planning and

zoning duties assigned by the board that are provided for in the local land use planning act, Idaho

Code, title 67, chapter 65 and in county ordinances.

(e) Procedural Rules. The commission may adopt such bylaws or rules of procedure as it may deem

necessary to properly exercise its powers and duties. Such rules shall be kept on file with the

department and a copy thereof shall be furnished to any person upon request.

Sec. 112-29. The Hearing Examiner

(a) Establishment. The position of hearing examiner is hereby established in and for the county

pursuant to section 67-6520, Idaho Code. One or more hearing examiners may be appointed by

the chairperson, and confirmed by a majority vote of the board of county commissioners, and

shall serve at the board's discretion.

(b) Qualifications. Hearing examiners shall be professionally trained or licensed planners, attorneys,

engineers, or architects, who are experienced in land use matters.

commission, and shall perform such duties as may be imposed upon them by the board in

accordance with Idaho Code.

(d) Liability. No hearing examiner shall incur any financial liability in the name of the county.

STAFF: These changes bring the ordinance in compliance with Idaho Code 67-6504 Planning and

Zoning Commission. The hearing examiner is allowed at Idaho Code 67-6520. Hearing examiners are

appointed to hear applications “for subdivisions, special use permits (Conditional use permits), variances

and requests for rezoning which are in accordance with the plan.”

Division 2. Enforcement

Sec. 112-30. Enforcement/Penalty.

(a) Enforcement

(1) The Planning Administrator, or designee, shall have the authority to enforce this chapter.

The Planning Administrator shall not issue a permit unless the intended uses of the

buildings and land conform in all respects with the provisions of this chapter.

(2) Nothing contained in this chapter shall prevent the Board or any other public official or

private citizen from taking lawful action necessary to restrain or prevent a violation of

this chapter or of Idaho Code. In addition to court actions, the county may impose and

recover as penalties all reasonable costs incurred in the investigation, abatement and

prosecution of the violation

(3) Whenever any construction or site work is not in compliance with this chapter, specific

conditions of approval, or other related laws, ordinances or requirements, the

administrator may issue a notice of violation and order any work stopped by written

notice. Such notice of violation or stop work order shall be served on any persons engaged

in doing or causing such work to be done, and persons shall forthwith stop such work

until authorized by the administrator to proceed.

(4) A copy of the notice of violation or stop work order shall be mailed to the property owner

of record and any known holder of any legal interest in the property, if applicable, via

certified mail, return receipt requested. The notification shall include:

1. The property owner and the legal description of the parcel;

2. A detailed description of the nature of the violation;

3. A detailed description of all remedial actions that must be undertaken to resolve

the violation; and

4. The length of time allotted to resolve the violation.

(5) The property owner shall have forty-five (45) days from the date the notice of violation

was mailed to resolve the violation. If resolution does not occur within those forty-five

(45) days, the notice of violation shall be filed in the office of the county recorder, with a

copy mailed to the owner via certified mail.

(6) The notice of violation or stop work order shall also advise the owner of the process for

appeals of notices of violation and stop work orders. An owner or a holder of any legal

interest in the property may appeal a notice of violation or stop work order pursuant to

section 112-33 of this chapter. The appeal shall be heard in accordance with section 112-

33 of this chapter. If the appeal is denied (i.e., the action is affirmed), the Board shall

specify an exact number of days to gain compliance with this chapter before the notice of

violation is recorded, and may add or remove conditions of remedial action. If the appeal

is approved (i.e., the action is reversed), the board shall specify actions to be taken by the

administrator to release the violation.

(7) Prior to or at such time as a violation is resolved, the owner shall pay the fee specified in

the current adopted fee schedule unless the enforcement action was reversed by the county

or a court of competent jurisdiction. Upon payment of such fees or a determination that

payment of fees is not necessary, the administrator shall cause a release of notice of

violation to be recorded in the office of the county recorder. The release shall contain all

of the information contained in the notice of violation, as well as the corrective action

taken to resolve the violation. A copy of the release shall be mailed to the owner, via

certified mail, return receipt requested.

(b) Complaints of Violation:

(1) When a violation of this chapter occurs, or is alleged to have occurred, any person may

file a written complaint. The complaint shall state fully the causes and basis for the

complaint and shall be filed with the planning administrator. The planning administrator

has the authority to investigate and take actions on the complaint as provided in this

chapter. The planning administrator may also dismiss the complaint based upon a finding

that there is insufficient evidence that a violation exists.

this Chapter shall be as follows:

(1) Violation of any of the provisions of this chapter or failure to comply with any of its

requirements shall constitute a misdemeanor punishable by imprisonment in a county jail

not exceeding six (6) months, or by a fine not exceeding one thousand dollars ($1,000.00)

or by both.

(2) Each day on which a violation continues shall be considered a separate violation for

purposes of both civil and criminal action. 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. Nothing herein contained shall prevent the Board

or any other public official or private citizen from taking such lawful action as is necessary

to restrain or prevent any violation of this chapter or of Idaho Code.

(3) The prosecuting attorney or other attorney who represents the county may also take civil

action in district court on behalf of the county to prevent, restrain, correct, or abate any

action taken, or which may be taken, in violation of this chapter, to vacate any subdivision

or condominium plat recorded in violation of this chapter, or to otherwise enforce the

provisions of this chapter. In addition to other actions that may be ordered by the court, if

the county prevails, the violator shall pay to the county all fees associated with the

violation then due and owing. The county may also seek the imposition of a civil penalty

in an amount not to exceed one thousand dollars ($1,000.00) per violation per day, with

a total maximum penalty of ten thousand dollars ($10,000.00).

(4) In cases where multiple individuals, firms, corporations or agents participated in violating

this chapter, they may be held jointly and severally liable for any remedies, penalties or

payments.

(5) The administrator may withhold issuance of permits, including building permits and

certificates of occupancy, for subdivisions, lots, or parcels of land that are in violation of

any provision of this chapter. Withholding of permits may be appealed in accordance with

112-33 of this chapter.

(6) Applications for approvals authorized by this chapter will not be scheduled for hearing

until all violations of this code are corrected, except when the purpose of the approval is

to correct the violations of this chapter then existing.

Division 3. Applications/Public hearings/Appeals/Fees

Sec 112-31. Applications

(a) Applications submitted for action under the provisions of this title shall be processed as follows:

(1) All applications shall be submitted with their required fees to the Planning Department.

(2) The Planning Department shall have thirty (30) days to examine the application to determine its

completeness, based on the requirements provided in this Chapter for each type of application.

(3) The Planning Administrator shall inform the applicant in writing if the application is incomplete

and specify the items or information necessary to complete the application.

(4) The Planning Administrator shall assign completed applications to the appropriate hearing body.

Sec 112-32. Public Hearings.

(a) Public hearing required. Upon determination an application that requires a public hearing is complete,

the application shall be scheduled for public hearing.

(b) Notifications.

(1) Each notice of public hearing on an amendment to the text of this chapter or comprehensive plan

shall contain the date, time, and place of the hearing, a summary of the proposed amendment,

and any other information considered pertinent; and shall be published at least once in a

newspaper of general circulation in the county at least fifteen (15) days prior to the hearing.

(2) Each notice of public hearing on a conditional use or a change to the zoning map or

comprehensive plan map shall include, as a minimum, the date, time, and place of the hearing

and a summary of the proposal. The notice shall be published at least once in a newspaper of

general circulation in the county at least fifteen (15) days prior to the hearing, and shall in

addition, be mailed to the owners of all properties within one thousand feet (1,000’) of the

exterior boundary of the property for which the application is made at least eight (8) calendar

days prior to the hearing.

(3) In variance cases, the notice shall be published at least once in a newspaper of general circulation

in the county at least fifteen (15) days prior to the hearing and shall be mailed only to owners of

adjoining properties, including properties across roads and rights-of-way.

(4) For notice purposes, the names and addresses of owners as shown on the records of the county

assessor shall be used. When notice is required to two hundred (200) or more property owners

or residents, mailed notice may be omitted. In lieu of the mail notification, two (2) notices in the

official newspaper or paper of general circulation is sufficient; provided, that the second notice

appears no later than seven (7) days prior to the public hearing.

(5) Failure of any person to receive the notice prescribed in this section shall not impair the validity

of the hearing. Any person that appears at a hearing, or who submits any exhibit to be considered

at such hearing, shall be deemed to have had actual notice by such appearance.

(1) Written public comments in response to the contents of the application file shall be submitted at

least seven (7) days prior to the hearing.

(2) Written statements not exceeding one standard letter sized, single spaced page may be submitted

at the public hearing. The Chair may request the document be read into the record. All written

statements shall include the name, signature and address of the person submitting the document. The

Chair may rule as inadmissible any written document that fails to meet these standards. Nothing

contained herein prohibits the Chair or Hearing Body from extending the written comment period as

provided by this Chapter.

(d) Agency Comments: All agency comments, not previously received, shall be submitted at least seven

(7) days prior to the hearing, or may be submitted at the hearing.

(1) The hearing shall be open to the public pursuant to the Open Meetings Law, title 74, chapter 2,

Idaho Code;

(2) A transcribable record shall be maintained in accordance with section 67-6536, Idaho Code;

(3) Every person wishing to testify shall properly identify themselves for the record;

(4) Written statements, plans, drawings and similar materials offered in support of statements at a

public hearing are part of the hearing record, and shall be marked with an exhibit number and

shall be retained by the County;

(5) The hearing body shall declare any potential conflicts, or economic interests in the proposed

action, in accordance with section 67-6506, Idaho Code. A member with a conflict may not

deliberate on, nor participate in the proceeding or action;

(6) The hearing body shall accept a report from staff, including an evaluation of the request,

proposed findings of fact, and, if applicable, recommended conditions or other considerations;

(7) The hearing body shall allow the applicant the opportunity to present the application;

(8) The hearing body shall then entertain statements from the public. Any testimony given shall

specifically address the proposal's compliance or lack of compliance with the requirements of

this chapter, requirements of Idaho Code, applicable statutes or regulations, or the Jefferson

County comprehensive plan. After having been recognized by the hearing body, members of the

public shall state for the record their name and place of residence prior to making their statement.

Members of the public may be permitted to speak for five (5) minutes, or as otherwise

determined by the hearing body. Questions or comments made by the recognized member of the

public shall be directed to the chairperson. The hearing body shall not entertain irrelevant

statements, and shall not entertain statements that are inflammatory, personally attacking or

derogatory toward any Board, Commission member, hearing examiner, staff member, elected

official, member of the public or business. Any unrecognized comments or disruptive behavior

will be grounds for removal from the hearing by the hearing body and may subject the person or

persons being removed to criminal prosecution according to law.

(9) When all statements by members of the public have been given, the hearing body shall call for

discussion among the members. The hearing body will entertain any questions by members, to

be directed to any person present, including staff members, in order to clarify statements or elicit

further information that members feel is necessary to evaluate the application.

(10) Following any questions, the hearing body shall afford the applicant or a designated

representative an opportunity to present rebuttal to any statements or to clarify his or her own

statement. New statements, the introduction of new information, or new exhibits shall not be

permitted at this time.

(11) After the applicant's rebuttal and clarifications have been given, the hearing shall be closed to

further testimony.

(12) The hearing body shall then discuss and consider the application. As a part of this discussion,

members may direct questions to planning staff members.

(13) At the close of the discussion, a motion relevant to the proposal under consideration, the hearing

body shall make a motion. Motions may include, but are not limited to:

a. Motions for recommendation, approval or denial as appropriate;

b. Motions to continue the public hearing to a future certain date, pending the receipt of

additional information or the modification of the proposal;

c. Motions to reopen the public testimony portion of the public hearing, if new information

has been introduced or become available; or

d. Motions to close the public hearing and/or continue discussion on the proposal until a

future certain date.

(14) Once a hearing is closed:

a. The hearing body shall not allow any additions or modifications to the official record.

b. Decisions and recommendations shall be provided in writing in accordance with title 67,

chapter 65, Idaho Code, and shall be based on the standards and criteria set forth in Federal

and State laws and regulations and applicable County ordinances.

c. If the hearing body determines that the official record is incomplete or that the application

needs additions, amendments or modifications, the hearing body may continue to a date

and time certain asking for the specific information to be provided.

1. If the application is continued, the applicant may submit the necessary additions,

amendments or modifications, or may withdraw the application and submit a new

application.

2. The hearing body may limit future hearings on a continued application to particular

issues of fact;

(15) A recommendation or decision shall be made within thirty five (35) days of the close of the

public hearing, or in the case of the Board, within thirty five (35) days of the receipt of a hearing

body recommendation, unless otherwise agreed to by the applicant. If the Board has held a public

hearing on an application, the Board shall make a decision within thirty five (35) days of the

close of the final public hearing unless otherwise agreed to by the applicant;

(16) In the event a hearing body fails to carry out its responsibilities according to these regulations,

the Board shall assume the hearing body's duties.

Sec. 112-33. Appeals/Reconsideration

(a) Written Decisions and Finality. No request for reconsideration, appeal, or judicial review shall be

filed by an affected person until a written decision has been entered by the body considering the

subject application. A written decision entered by the body considering the subject application

shall be final unless:

a. The matter is otherwise required to be approved by the Board;

b. An appeal as set forth below is timely filed with the Planning and Zoning Department

during regular business hours;

c. A request to reconsider as set forth below is timely filed with the Planning and Zoning

Department during regular business hours; or

d. A petition for judicial review of the Board’s decision is timely filed with the Jefferson

County District Court.

(b) Appeal of Administrator Decision.

(1) Any determination made by the Planning Administrator in the administration of the

provisions of this chapter may be appealed to the Board by paying the required fee and

notifying the administrator in writing of the intent to appeal within ten (10) working days

from the date of the determination. Within ten (10) working days of receipt of an appeal,

the administrator shall schedule a meeting with the Board to hear the appeal and shall

provide written notice to the appellant of the time and place of the meeting. The

administrator and appellant shall be provided an opportunity to present the relevant issues

to the Board at that meeting. The appellant bears the burden of proof and may be

responsible for costs incurred for producing such proof, including engineering or

surveying documents or other evidence. The Board's decision shall be final, and further

recourse of the appellant shall be as provided by Idaho Code. If no appeal to the Board is

filed, the Planning Administrator’s decision shall be deemed final.

(1) Any "affected person", as defined by Idaho Code title 67, chapter 65, may appeal to the

Board any final decision by the Hearing Body.

(2) Filing Time limit. Any affected person may file an appeal of the final written decision of

the Hearing Body by submitting a written appeal to the planning and zoning department.

The appeal of a final decision shall be filed within twenty-eight (28) days of the date of

the final decision. The appeal of a recommendation to the Board shall be filed within

fifteen (15) days of the written decision.

(3) Fee. An appeal shall not be considered filed until such fee has been paid. Failure to file

the appeal within the time limits shall cause automatic dismissal of the appeal.

(4) The administrator shall schedule and the board shall hold a public hearing and make a

decision pursuant to the procedures as set forth in this division.

(5) At the public hearing, the board shall consider the order, requirement, permit, decision, or

determination of the Hearing Body, and any attached conditions thereto. The board shall

also consider any additional evidence that may be offered by the public, applicant,

administrator, or Hearing Body.

(6) The board may affirm, reverse, modify, in whole or in part the order, requirement, permit,

decision, or determination appealed from, or make or substitute any additional conditions

that in its deliberations it may find warranted.

(d) Reconsideration. Every applicant or affected person seeking judicial review of the Board's final

decision must first file with the Board a request for reconsideration of the Board's decision,

specifying deficiencies in the decision within fourteen (14) days of the date of the decision, along

with the applicable fee. A failure to seek reconsideration is also a failure to exhaust administrative

remedies.

(1) Initial Decision: The Board may consider the reconsideration motion as scheduled on an

open business meeting agenda and determine whether to grant or deny the request. If the

Board grants reconsideration in whole or in part, a hearing before the Board will be

scheduled to address the specific deficiencies identified by the applicant or affected

person and to allow interested persons to have an opportunity to be heard. If the Board

denies the request for reconsideration, it shall promptly notify the parties in writing.

(2) Public Notice on Hearing: Notice of the public hearing on the reconsideration, identifying

the specific deficiencies alleged in the reconsideration request, will be provided as stated

in this division.

(3) Decision: Following the hearing on the reconsideration, the Board may affirm, reverse or

modify its prior decision and shall provide a written decision to the applicant and the

affected person(s) within sixty (60) days of receipt of the request for reconsideration. If

the Board fails to timely decide, the original decision of the Board will stand.

Sec. 112-34. Abandonment of Application.

(a) An application that has been filed under the terms of this Chapter which has received a notice of

incompleteness from the planning department and has remained incomplete for one hundred

twenty (120) days minimum may be considered abandoned by the planning department if:

(1) The planning department has sent by certified mail a written notice to the applicant,

stating that the application is incomplete and will be considered abandoned if not

determined complete by the planning department within thirty (30) days of the date of the

notice; and

(2) The application remains incomplete either because the applicant fails to respond by thirty

(30) days or fails to provide the required information to complete the application by thirty

(30) days.

Sec. 112-35. Zoning certificate required.

It shall be unlawful for an owner to use or to permit the use of any structure, building, land or part

thereof hereafter created, erected, changed, converted, or enlarged, wholly or partly, until a zoning

certificate, which may be a part of the building permit, has been issued by the planning administrator or his

authorized representative.

Sec. 112-36. Fees

(a) By resolution, the Board shall establish an official fee schedule for land use applications and

permits governed under Chapters 106 through 112.

(b) Whenever an application, review or public hearing is required, the person or persons requesting the

hearing or review shall pay the fee established in the official fee schedule.

Zoning & Building Department's determination that the application is complete, in which case one-

half (1/2) of the fee will be refunded.

(d) Until all required fees, charges and expenses have been paid in full, no action shall be taken on any

application or appeal. No permit or action shall become effective until all fees have been paid.

(e) The Board may waive all or part of any fees for political subdivisions or public agencies.

(f) A copy of the official fee schedule shall be maintained by the Planning, Zoning and Building

Department and shall be available for public inspection during normal business hours.

Secs. 112-37--112-56. Reserved.

DIVISION 2. CONDITIONAL USES

Sec. 112-57. Authorization to grant or deny conditional uses.

(a) Consistent with the Land Use Table located in Sec. 112-595, uses designated as conditional uses

may be permitted upon authorization by the Commission in accordance with the standards and procedures

established in this section. The Commission may impose, in addition to those standards and requirements

expressly specified by this division, any additional conditions which it considers necessary to protect the

best interests of the surrounding property or the county as a whole. Those conditions may include, but are

not limited to:

(1) More restrictive standards than generally required.

(2) Minimizing adverse impacts, such as limiting the number, size, and location of signs, and

requiring screening, diking, fencing, hours of operation, or landscaping.

(3) Controlling the timing, sequence, and duration of development.

(4) Designating the exact location and nature of development, and assuring that it is maintained

properly.

(5) Requiring the provision of on-site or off-site public facilities.

(6) Review from a technical review committee.

(b) Any use, which is granted and permitted as a conditional use under the terms of this division,

shall be deemed to be a conforming use in said zone. A use existing prior to the effective date of the

ordinance from which this division is derived shall be considered a nonconforming use, except that any use

which existed prior to 2008, and which could be allowed by a conditional use upon the existing lot shall be

deemed as a conforming use if complying with current standards of this division.

as that enumerated therein for a particular zone may be considered for a conditional use application after

review and approval of the Board.

(d) Expense to the applicant shall not be considered when making a decision on a conditional use

permit.

Sec. 112-58. Technical review committee.

Uses designated in industrial and commercial zones may be subject to review by a technical

review committee if uses extend beyond the interior of the structure, or if uses may result in a nuisance

related, but not limited to, noise, sight, or smell. Such uses will be reviewed for safety or environmental

concerns related to the operation. The Technical Review Committee can be empaneled to review any

other use or application not previously shown, at the discretion of the administrator, Commission, or

Board. The committee will make a recommendation to the administrator, Commission or Board

following its review.

Sec. 112-59. Application for a conditional use permit.

(a) A property owner, or his agent, may initiate a request for a conditional use or a modification of

an existing conditional use, by filing an application with the zoning official on forms prescribed by the

planning and zoning department. The application shall be submitted at least twenty-eight (28) days prior

to the meeting at which it will be considered. The application for a conditional use shall be accompanied

by a site plan drawn neatly and accurately and to an appropriate scale showing at least the following items:

(1) Setbacks.

(2) All building locations and overhangs.

(3) Driveways and parking spaces.

(4) Landscaping, if required.

(5) Septic and well location.

(b) The plan, as approved or modified by the Commission, shall be made a part of the applicant's

file, and all construction and development shall comply with said plan.

Sec. 112-60. Public hearing on a conditional use.

Before the Commission shall act upon a request for a conditional use, it shall hold a public hearing

pursuant to Section 112-28, unless said request is for an Administrative Use Permit.

Sec. 112-61. Standards governing conditional uses.

A conditional use shall comply with the standards of the zone in which it is located, except as the

Commission may modify these standards in authorizing the conditional use, or as otherwise provided as

follows:

(1) Churches, synagogues, temples, and other religious facilities. The Commission may authorize a

church etc., as a conditional use, if, in its judgment, the size of the site is adequate for the intended

use, access to the site is adequate, and the surrounding property will not otherwise be adversely

affected. A church may exceed the height limitations of the zone in which it is located to a

maximum of fifty (50) feet provided the total floor area of the building does not exceed one and

a half (1½) times the area of the site and provided further the yard dimensions in each case are

equal to at least two-thirds (2/3) of the height of the principal structure. In addition to the signs

permitted in the zone in which it is located, a church may also have a bulletin board not exceeding

twenty square feet (20ft

) in area and set back ten feet (10’) from the road.

(2) Public utility. In considering an application for a location or use of a public utility, the

Commission shall determine the site, easement, or right-of-way is located so as to best serve the

immediate area and not result in the noneconomic parceling of land. As far as possible,

transmission towers, poles, overhead wires, pumping stations, and similar gear shall be located,

designated, and installed to minimize their effect on scenic values and interference in radio and

television receivers in the vicinity. Utilities shall be located in accordance with any/all applicable

state and federal regulations.

(3) Wrecking yard. A wrecking yard shall be enclosed by a sight-obscuring fence not less than eight

feet (8’) high from the grade of the land.

(4) Storage complexes. The following standards shall govern all conditional use permits for storage

complexes:

a. Each storage complex shall be screened by a sight-obscuring fence of a minimum height

of six feet (6’) from the grade or a landscaping equivalent along any lot line abutting a

residential zone.

b. A dustless surface shall be required on all areas designated for vehicular movement,

loading, unloading, and parking.

c. A minimum of five percent (5%) of the gross vehicular area, including a minimum three-

foot (3’) buffer strip abutting a public right-of-way, except for required clear vision area,

shall be landscaped with approved living plant materials which shall include but not be

limited to trees and shrubs. Trees shall be at least six feet (6’) high at the time of planting.

Living plant materials shall be spaced on three-foot (3’) to five-foot (5’) centers, depending

on maximum growth at maturity. Shrubs shall be a minimum of thirty inches (30”) in height

at maturity.

d. Adequate on-site area for loading and unloading shall be provided so that such operations

do not take place on, or interfere with, a public right-of-way or other private property.

e. If exterior security lighting is provided, it shall be screened to prevent spillover into any

adjacent residential areas.

(5) Sport or shooting ranges. The following standards shall govern all conditional use permits for sport

or shooting ranges:

a. Each proposed sport or shooting range shall be inspected by the Jefferson County Planning

& Zoning Department and the Jefferson County Sheriff’s Office to determine whether the

proposed firearm discharge would endanger persons or property.

b. Shooting shall only occur between the hours of 9 a.m. and 7 p.m.

c. Shooting shall not occur if the range is directed to such locations such as county roads,

schools, airports, etc.

d. Target areas shall be six hundred feet (600') from any existing dwelling and three hundred

feet (300') from any property line.

e. All facilities shall be designed and located in accordance with safety standards or guidelines

promulgated by the National Rifle Association (NRA), National Skeet Shooting Association

(NSSA), National Field Archery Association (NFAA), or other similar body.

f. A site plan shall be submitted which includes the location of existing and proposed

structures, fencing, areas for shooting or archery and associated safety buffers, other

associated activities, and other existing or proposed improvements. A parking and traffic

circulation plan shall also be submitted. (Ord 2022-10; Sept. 6, 22)

Sec. 112-62. Mineral extraction requirements.

Mineral (gravel, sand, and other minerals) extraction may be allowed pending the approval of a

conditional use permit in zones designated on the land use table in Section 112-595. The following

stipulations are required when applying and considering a conditional use permit to extract minerals:

(1) Parcel size shall be a minimum of forty (40) acres in each zone.

(2) Applicant shall provide a reclamation/master plan showing the extraction or pit area with a

landscape plan, irrigation system for trees/landscaping, and setbacks from existing roads and

adjacent residential and commercial areas. Landscaped buffer areas and setbacks are as follows:

a. Landscaping requirements.

1. A minimum fifteen foot (15’) wide irrigated landscaped buffer shall exist between

extraction area and existing residents, commercial structures, and roadways.

Landscape buffer must be setback at least forty-five feet (45’) from the centerline of

a county road. More restrictive setbacks maybe required if property abuts a state road.

2. Thereafter, a minimum twenty-five foot (25’) wide irrigated earth berm at least five

feet (5’) in height with a slope of no more than 2:1 is required. The buffer area shall

contain a solid fence, wall, or a combination of sixfoot (6’) tall coniferous and

deciduous trees staggered in two (2) rows. The berm shall also have grasses, shrubs,

or fences to collect dirt, other debris and act as a sound barrier.

3. Irrigation plan. The landscaped buffer area must be in place before the extraction of

minerals commences. There shall also be an irrigation plan to ensure dust mitigation.

b. Setback requirements. Setbacks between an open pit and county/public roads, shall be at

least three hundred feet (300’) from the centerline of the road. The setback from property

lines shall not be less than fifty feet (50’). The Commission may impose a more restrictive

setback as a condition depending on the burden on the land or surrounding landowners or

unless otherwise determined in the best interest of the county.

(3) Applicant shall provide evidence it has met approval requirements of all state and federal

regulations.

a. Applicant must provide an approved reclamation plan from the Idaho Department of Lands

as required by the Idaho Surface Mining Act (Idaho Code § 47-1501 et seq.).

b. Applicant shall provide a review or approval letter from the Idaho Department of

Environmental Quality for setbacks and dust mitigation.

c. Applicant shall provide a letter of approval from Eastern Idaho Health Department to

ensure any ponds or pits will not cause septic leach/drainage fields on abutting properties

to fail.

d. Applicant shall provide a storm water permit from the Environmental Protection Agency

(EPA) for any extraction area that will disturb more than one (1) acre.

(4) A bond or irrevocable letter of credit shall be required to ensure the completion and compliance

of the re-use plan. The bond or letter of credit shall be updated/renewed before the expiration

date or shall stay current until a county representative verifies the reclamation and re-use plan

are completed and satisfy the conditions of the conditional use permit. The number of years and

hours of operation shall be provided on the application. If the extraction area is inactive for three

(3) years or longer the conditional use permit shall be revoked and the applicant must re-apply.

(5) Mining or extraction of minerals shall not result in the damage or alteration of a floodway,

channel, natural drainage way, wetlands, or wildlife corridors. Developer/applicant shall submit

a natural features analysis.

(6) Developer/applicant shall include the number of trucks traveling county roads, a planned route

said trucks will travel and evidence that adjacent roads and bridges can withstand the increase

and impacts of additional traffic created by gravel/sand pit or mineral extraction area; or the

developer may be asked to allocate funds to improve or maintain the local infrastructure. This

will be assessed by a per vehicle/weight fee for road impact.

(7) Developer/applicant shall show the need and public benefit of the extracted material and

remaining pit.

(8) Gravel, sand, and other mineral mining is viewed as a temporary use to be followed by another

land use that is compatible with surrounding landscape. When an extraction area is progressively

reclaimed during active mining, problems can be minimized and operator costs can also be

reduced if reclamation is accomplished as part of the mining plan. Developer/applicant shall

have a drawing of a master plan of the "re-use" or what the project will look like when finished,

beyond the basic reclamation plan (i.e., park, water feature, game reserve, and farm ground).

(9) Developer/applicant shall show a guarantee of bonding for the re-use plan.

(10) Developer/applicant shall include on the application or letter of intent the estimated time of

completion and compliance of reclamation and re-use plan.

(11) To mitigate dust, the developer/applicant shall pave areas of transportation from private

property/or extraction area to county roads.

(12) Water quality. The Commission may require the applicant to perform testing of water quality

according to the Department of Environmental Quality (DEQ) standards as a condition. If the pit

or extraction area is a point source of contamination the conditional use permit shall be revoked

and the developer shall be responsible for mitigating the issue. If water in a pit becomes stagnate

or creates a mosquito problem, the conditional use permit shall be revoked and it shall be the

developer's responsibility to mitigate the problem.

(13) The Commission shall place a time stipulation as a condition.

(14) All other regulations for conditional use permits as set forth in this division shall apply.

Sec. 112-63. Time limit on permit for conditional use.

Conditional use permits shall be reviewed on an annual basis, and are valid as long as the use is being

maintained in the manner approved. The Commission shall determine the length the conditional use permit

is valid during the hearing in which the application has been approved.

Sec. 112-64. Schools.

Schools are allowed pending the approval of a conditional use permit in zones designated on the land

use table in section 112-595. The following stipulations when applying and considering a conditional use

permit for a school include, but are not limited to:

(1) Traffic analysis.

a. Time of peak traffic flows;

b. Traffic patterns or primary routes; and

c. Expected number of additional traffic or impact as a result of this application.

(2) An operation plan identifying safety hazards and mitigation.

(3) Infrastructure including:

a. Sewer and water;

b. Floor plan;

c. Landscaping/play area

d. Parking; and

e. Roads, including, but not limited to, crosswalks and transitional lanes.

Secs. 112-65--112-84. Reserved.

DIVISION 3. NONCONFORMING USES

Sec. 112-85. Continuance of a nonconforming use or structure.

Subject to the provisions of this Division, a nonconforming use may be continued and maintained in

reasonable repair but shall not be altered or extended, except that the extension of a nonconforming use to

a portion of a structure that was provided for the nonconforming use at the time the ordinance from which

this Division is derived is adopted shall be permitted, and except that a structure with respect to use but

nonconforming with respect to height, setback, or coverage may be altered or extended if the alteration or

extension does not further deviate from the standards of this division. Nonconforming uses may be

continued and maintained following the sale of the property, if the use is continued within one (1) year of

the date of sale, but the use shall not be altered or extended.

Sec. 112-86. Discontinuance of a nonconforming use.

(a) If a nonconforming use involving a structure is discontinued from use for a period of one (1)

year, further use of the property shall conform to this Division.

(b) If a nonconforming use not involving a structure is discontinued for a period of six (6) months,

further use of the property shall conform to this Division.

dwelling units are manufactured homes, a manufactured home may be replaced by another manufactured

home if said manufactured home is replaced within one (1) year from the date the initial manufactured

home is removed. Replaced means the home has been issued a building permit and has received final

approval for occupancy. If the unit is not replaced within one (1) year, another dwelling may not be placed

upon the lot. A six (6) month extension may be granted upon written request and approval by the Board if

the request is received prior to the one (1) year expiration.

Sec. 112-87. Change of nonconforming use.

If a nonconforming use is located in a conforming structure, any change in use shall conform to this

section.

(1) A nonconforming use located in a nonconforming structure, may upon review by the

Commission, be changed to another nonconforming use, provided the Commission shall find

that the proposed use is equally appropriate, or more appropriate, to the zone than the existing

nonconforming use. In permitting such a change of use, the Commission shall consider whether

the proposed use will:

a. Generate less traffic.

b. Decrease hours of operation.

c. Generally be less offensive.

(2) In permitting any such change of use, the Commission may require additional appropriate

conditions and safeguards in accord with other provisions of this section. Structural alteration

may be allowed to any portion of the nonconforming structure, provided it does not increase the

existing floor area, and provided the alteration is aesthetically acceptable for the neighborhood

in which the structure is located, as determined by the Commission.

Sec. 112-88. Destruction of a nonconforming use.

If a nonconforming structure or a structure containing a nonconforming use is destroyed by any cause

to an extent exceeding eighty percent (80%) of fair market value as indicated by the records of the county

assessor, a future structure or use on the site shall conform to this division. This section does not apply to

manufactured homes described in Division 4, Article IV of this chapter.

Sec. 112-89. Completion of structure.

Nothing contained in this division shall require any change in the plans, construction, alteration, or

designated use of a structure for which a permit has been issued and construction work has commenced

prior to the adoption of this division, except that, if the building is nonconforming or is intended for a

nonconforming use, it shall be completed and in use within one (1) year from the time the permit was issued.

Secs. 112-90--112-106. Reserved.

DIVISION 4. VARIANCES

Sec. 112-107. Authorization to grant or deny a variance.

The Commission may authorize variances where it can be shown that the literal interpretation of this code

would cause unnecessary hardship. A variance shall not be considered a right or special privilege, but

may be granted only upon the showing of unnecessary hardship (see “hardship” definition) due to

characteristics of the site and a showing the variance is not in conflict with the public interest. Once

granted, a variance is permanent and runs with the land. In granting a variance, the Commission may

attach conditions which it finds necessary to protect the interests of the surrounding property or

neighborhood, and otherwise to achieve the purpose of this division. No variance shall be granted to allow

the use of property for purposes not authorized within the zone in which the proposed use would be

located. Expense shall not be considered when considering a variance.

Sec. 112-108. Circumstances for granting a variance.

No variance shall be granted unless it can be shown that all of the following circumstances exist:

(1) Conditions apply to the property that do not apply generally to other properties in the same zone

or vicinity, which conditions are a result of lot size, shape, topography, or other circumstances

over which the applicant has no control over and is a condition or circumstance he or she has not

created.

(2) The applicant has proved by competent financial evidence that the lack of reasonable return is

substantial.

(3) The variance is necessary for the preservation of a property right of the applicant, substantially

the same as is possessed by owners of other property in the same zone or vicinity.

(4) The authorization of the variance will not be materially detrimental to the purposes of this

division, be injurious to property in the zone or vicinity in which the property is located, or

otherwise conflict with the objectives of any county development plans or policies.

(5) The variance requested is the minimum variance, which will alleviate hardship.

Sec. 112-109. Application for a variance.

A property owner may initiate a request for a variance by filing an application with the zoning official,

using forms prescribed by the planning and zoning department. The application shall be submitted at least

twenty-eight (28) days prior to the meeting at which it will be considered. The application shall be

accompanied by a site plan, drawn to scale, showing the condition to be varied, and the dimensions and

arrangement of the proposed development. The Commission may request other drawings or information

necessary to assist with the understanding of the request. The zoning official shall utilize the services and

facilities of other county officials in the preparation of reports to the Commission.

Sec. 112-110. Public hearing on a variance.

Before the Commission may act on a request for a variance, it shall hold a public hearing pursuant to

section 112-28. The Commission may also refer the application to the technical review committee prior to

hearing the application.

Secs. 112-111--112-133. Reserved.

DIVISION 5. ADMINISTRATIVE USE PERMITS

Sec. 112-134. Permits, Criteria.

Administrative use permits may be issued for uses identified in Sec. 112-136 in the agricultural zones,

residential zones, and recreational zones by the administrator, subject to the conditions specified for each

use. Other uses in zones not listed will be reviewed on a case-by-case basis. The following conditions

must also be met, by determination of the administrator:

(1) The use is consistent with the county comprehensive plan.

(2) The use is listed in the land use table requiring an administrative use permit.

(3) The use makes adequate provision for access, circulation, water supply, drainage and sanitary

sewage disposal.

(4) The use is beneficial to the public health, safety, and general welfare.

(5) All uses shall meet the following criteria in addition to criteria assigned to the specific use:

a. Adequate off-road parking shall be provided.

b. Two on-premises signs may be placed, which shall not exceed thirty-two square feet (32

) each, and must be removed when the operation closes. There shall be no flashing or

intermittent lighting.

c. Exterior lighting shall not interfere with surrounding neighbors.

d. Access to the site shall meet county and state requirements.

e. Music or other amplified sound shall be allowed at the discretion of the administrator based

on the use.

f. If the criteria assigned to a specific use in this Chapter is more restrictive, the more

restrictive criteria shall apply.

Sec. 112-135. Authorization.

(1) Authorization of an administrative use permit shall be for a period as specified by the Planning

and Zoning Administrator.

(2) Administrative use permits shall be reviewed on an annual basis and are valid as long as the use

is being maintained in the manner approved.

Sec. 112-136. Uses.

The following uses may be authorized by administrative use permit providing the use complies with

all conditions stated:

(1) Temporary sales lots for Christmas trees not grown on the premises, fruit or produce stands,

fireworks stands, and other seasonal stands (Administrative Permit Class 1).

a. Temporary sales lots shall be permitted as follows:

i. Christmas tree sales shall be allowed from November 15 to December 25 each

year.

ii. Fireworks stands may be allowed in accordance with Idaho Code 39-2607 and

shall be subject to review and approval by county fire marshal and the County

Building Official.

iii. Fruit or produce stands may be allowed in conjunction with seasonal harvests.

(2) Special events (Administrative Permit Class 2) may be permitted for special events that request

longer times/days of operation and will be considered on a case-by-case basis. One time (or one

day) special events which exceed more than one hundred (100) total persons, including

participants and spectators, may be permitted by the administrator. Special events may include,

but shall not be limited to, concerts, entertainment, rodeo events, vehicle racing, or shows.

Approval on special events will take into consideration sanitary facilities, vehicle access,

spectator areas, surrounding property, hours and days of event etc. If any effected resident

opposes a special event, an appeal of the administrative decision may be made directly to the

Board for consideration. Applications shall be submitted fifteen (15) days prior to the scheduled

event.

(3) Other Activities. The Administrator shall have discretion to issue temporary permits for any

lawful use so long as the use is in compliance with the objectives set forth Section 112-134 above

and listed as an administrative use in the land use table.

Sec. 112-137. Fees.

Fees as adopted by resolution of the Board. (Ord 2022-10; Sept. 6, 22)

Sec. 112-138. Notice of hearing.

Procedures shall be pursuant to Sec. 112-28. Rules for conduct of public hearing.

Sec. 112-139. Issuance of permit.

If there is no appeal filed within the time specified in Section 112-138(5), the permit shall be issued.

Sec. 112-140. Renewals.

A permit shall be valid for two (2) years, and may be renewed for consecutive two-year periods. . Fees

as adopted by resolution of the Board. Temporary/special use permits under Section 112-136, must be

renewed each year. If application for permit renewal is not received by expiration date, the permitee must

reapply as for a new permit. (Ord 2022-10; Sept. 6, 22)

Sec. 112-141. Appeals.

Fees as adopted by resolution of the Board. (Ord 2022-10; Sept. 6, 22)

Secs. 112-142--112-165. Reserved.

DIVISION 6. AMENDMENTS

Sec. 112-166. Authorization to initiate amendments.

An amendment to the text of this division, or to the official zoning map, may be initiated by the Board,

by the Commission, by the Planning and Zoning Administrator, or by a property owner. A property owner

may initiate a request for an amendment by filing an application with the zoning official using forms

prescribed by planning and zoning department.

Sec. 112-167. Contents of a Zone Change Application:

An applicant for a zone change shall submit the following:

(a) A detailed site map showing all existing improvements of the property, utilities and significant

observations within the area proposed for zone change.

(b) A narrative statement explaining the extent and nature of the requested amendment, including

any effects of the zone change upon the delivery of services by entities providing public services,

including school, road, public safety, sewer, water, and other relevant services.

policies of the comprehensive plan.

(d) A legal description of the subject property prepared by a licensed surveyor. The department

may, after discussion with the County GIS Department, accept an alternate legal description if it

is adequate to ensure accurate boundaries on the Official Zoning Map of Jefferson County.

(e) A vicinity map sufficient to show the impact of the proposal commensurate with the scale of the

project.

Sec. 112-168. Public hearing and records of amendments.

The Commission shall hold a public hearing on every requested change in zoning district boundaries

in accordance with Section 112-28. Its recommendations on each requested zone change shall be

transmitted to the Board. No zone change shall be accomplished other than by written decision and by

ordinance duly passed by the Board. The county recorder shall maintain records of amendments to this

division in a form convenient for use by the public.

Sec. 112-169. Rezone Criteria.

(a) The commission may recommend approval to the Board if the commission finds the proposed

zone change conforms to each of the following criteria:

(1) The request is in accordance with the goals and policies of the comprehensive plan.

(2) The request is in accordance with the regulations outlines for the proposed zone district,

including the purpose statement.

(3) The zone change request and the uses in the requested zone, shall not be incompatible

with the surrounding area, and the uses in that area.

(4) The zone change shall not result in unreasonable adverse impacts upon the delivery of

services by any political subdivision providing public services within the planning

jurisdiction including, but not limited to, school districts.

(b) The Commission may recommend approval for rezone proposals that do not initially meet these

criteria, if the applicant can provide substantial mitigation through a written development

agreement as provided by Sec. 112-169 of this division. The Commission may also recommend

approval for applications not meeting the criteria listed above if the Commission finds that the

rezone is essential to the public health, safety, or welfare. (Ord 2022-14, Oct. 3, 2022)

Sec. 112-170. Development Agreements

(a) Purpose:

Conditional zoning development agreements are a discretionary tool that may be used by the

board as a condition of rezoning. Conditional zoning development agreements allow a specific project

with a specific use to be developed on one or more parcels located in an area that is not currently zoned

for the proposed uses.

(b) Initiation of Agreements:

An agreement may be initiated with the consent of the applicant for the rezoning of a particular

parcel of land or collection of parcels of land through the following methods:

(1) On application by the applicant;

(2) By recommendation of the director;

(3) By recommendation of the Commission or a Hearing Examiner; or

(4) As required by the Board.

(c). Jurisdiction:

(1) A. In the event that a hearing body finds that a conditional zoning development

agreement should be entered into, the hearing body shall retain jurisdiction of the matter, defer

consideration of the rezone applied for and set a time limit for submittal of a proposed agreement. The

hearing body shall then proceed as specified herein.

(2) In the event of a determination by the Board that an agreement should be entered into, the

board may remand the matter to the hearing body to set a time limit for submittal of a proposed

agreement. The hearing body shall then proceed as specified in this article.

(d). Time Limits:

In the event of findings by the hearing body, or by requirement of the Board to submit an

agreement, all time limits required by the provisions of Idaho Code or this title may be stayed, modified,

or extended upon affirmative decision of the hearing body or vote of the board. The hearing body or the

board may establish time limits for submittal of a proposed agreement. Failure by the applicant to comply

with such time limits may be deemed to constitute just cause for termination of conditional zoning

development agreement proceedings and denial of the zone change application.

(e). Form of Agreements:

An agreement shall be in the form required by the director. No agreement shall be accepted by the

department which does not include the following:

(1) The legal name, title and addresses of the applicant, property owner and/or others with a

direct vested interest in the conditional zoning development agreement and rezone request.

(2) A legal description of the property that is subject of the rezone request. Such legal description

must be acceptable to the county.

(3) The current use of the property for which the conditional zoning development agreement is

sought.

(4) The proposed specific use of the property for which the conditional zoning development

agreement is sought and an explanation of how the proposed use is permitted or conditionally

permitted in the zone for which application has been made.

(5) An affidavit by the owner of the parcel agreeing that upon the Board’s approval of the

requested rezone, the owner shall use the property as agreed in the development agreement.

(6) A project summary report, which shall include:

a. A narrative description of the proposed density, amenities, improvements or other

uses sought, including, but not limited to: height, setbacks, size, and location of all

proposed structures or activities on the property.

b. The estimated time of start and completion of all proposed development activities.

This may be simplified by devising a time line that splits development activities into

phases.

c. Plans for use and reuse of property after proposed project completion.

d. A narrative description of physical and environmental effects, constraints, or

limitations of the proposed development, including infrastructure demands, and

proposals for mitigation of identified physical and environmental effects, constraints

or limitations.

e. Economic benefits gained or lost from proposed development.

f. Conceptual site plans, with some representation of scale showing the approximate

location of any proposed structures, perimeter buffer treatment (as required), road

improvements, conceptual drainage strategy, and other proposed usage information.

Exhibits on general soil types, topography, slope, vegetation, drainages, and other

pertinent land characteristics may also be required.

g. Signed letters of application, approval, or preapproval from any applicable federal,

state, or local agencies involved in the permitting process for the specific use

proposed. Letters shall include any written agreements made with agencies to

perform any specific action. If letters of application, approval, or preapproval are not

provided, acknowledgment and consent to comply with all applicable federal, state

and local laws, rules, regulations, and standards shall be substituted.

h. A statement by the owner of the property that failure to comply with the

commitments in the agreement shall be deemed consent that the property which was

the subject of the agreement shall revert to the zone applicable as of the date of

submittal of the rezone request which resulted in the proposed development

agreement that such reversion of the zoning of the subject parcel will occur at the

time of termination of the agreement and shall comply with the notice and hearing

procedures set forth in section 67-6509, Idaho Code; and that the costs of such zone

reversion shall be paid by the applicant, owner and/or developer.

i. Signatures of all applicants, owners, developers, or lawfully authorized agents, shall

be notarized, and in the case of lawfully authorized agents, properly executed powers

of attorney in a form acceptable to the county's legal counsel shall be presented to the

director and shall be made part of the agreement.

j. A clause that the commitment shall run with the land and be binding on the heirs,

assigns, and successors in interest of the owner and/or developer.

k. Any other matter mutually agreeable to the parties. This may include, but is not

limited to, performance bonding or other fiscal guarantees.

(f) Approval of Agreements:

The board may require an agreement to be executed to allow a rezone in order to ensure

implementation of the project as represented by the applicant and to promote the general health, safety,

comfort, convenience, and welfare of the citizens of Jefferson County. A conditional zoning development

agreement shall not allow a use of the property that is not a permitted use (whether of right or with the

appropriate permit) in the zone requested.

(1) Conditional zoning development agreements may be recommended for approval by the hearing

body, and may be approved by the Board, only after public hearings complying with the notice

and hearing procedures set forth in section 67-6509, Idaho Code and Sec. 112-28 of this title.

(2) The hearing body may recommend, and the Board may add, conditions, terms, duties or

obligations to the development agreement.

(g) Recordation of Agreements:

Following approval of a conditional zoning development agreement and adoption of a companion

ordinance rezoning the subject property by the board, the agreement shall be recorded in the office of the

county recorder at the expense of the property owner or applicant. The recorded agreement shall take

effect and be in force upon adoption of the approval order or publication of the ordinance rezoning the

subject property, whichever occurs later. The agreement, and all conditions, terms, duties or obligations

included therein, shall run with the land and shall be considered to be continuing obligations of the owner,

all subsequent owners and any other person acquiring an interest in the property.

(h) Duty to Comply with Terms of Agreement:

Any owner, subsequent owner, and any other person acquiring an interest in property that is restricted

by an agreement adopted pursuant to this chapter, shall comply with all terms, conditions, obligations and

duties contained in the agreement.

(i) Modification of Agreements:

(1) No substantial modification of an agreement may be made without approval of the board unless

the modification is required by changes in state or federal laws, rules, or regulations. An agreement may

be modified by the Board without a public hearing only upon an affirmative recommendation from the

hearing body that the proposed modification is not a substantial change to the terms and conditions of the

agreement, or that the modification is required by changes in state or federal laws, rules, or regulations.

(2) After recordation of a conditional zoning development agreement, any party bound by the

agreement may seek to modify the agreement. Requests for modification of a conditional zoning

development agreement shall comply with the procedures set forth in this article, and may also follow any

procedures contained in the original development agreement which are consistent with those set forth in

this article. The hearing body may recommend to the board, and the Board may approve, a substantial

modification of a previously adopted agreement based upon the following criteria:

a. A public hearing is held which complies with the notice and hearing procedures set forth

in section 67-6509, Idaho Code and Sec. 112-28 of this title.

b. A finding that the circumstances surrounding the agreement currently in effect have

changed and that the proposed modification will:

1. Preserve the enjoyment of a substantial property right of the owner;

2. Not be detrimental to the public welfare; and

3. Not be injurious to other property in the surrounding neighborhood.

(j) Termination of Agreements:

(1) A conditional zoning development agreement may be terminated by the board without the

consent of the breaching party for failure to comply with any term, condition, obligation or

duty contained in the agreement. Such termination shall take place after a public hearing on

the termination, at which time testimony shall be taken to establish noncompliance with the

agreement. The public hearing shall comply with the notice and hearing procedures set forth

in section 67-6509, Idaho Code and Sec. 112-28 of this title.

(2) A conditional zoning development agreement may contain termination procedures, including,

without limitation, notification of the persons bound by the agreement of the alleged violation

and establishing a reasonable time to remedy the violation prior to the initiation of

termination proceedings.

(3) Upon termination of the agreement, the property which was the subject of the agreement shall

revert to the zone applicable as of the date of submittal of the rezone request which resulted

in the adoption of the agreement. If no such zone then exists, the zone then in effect which

most closely conforms to the characteristics and requirements of the prior existing zone, as

determined by the director, shall apply. At that time, all uses of the property which are not

permitted within the subsequently applied zone following termination of the agreement shall

immediately cease. The property owner may apply for the appropriate permit for any use that

is permitted within the subsequently applied zone upon approval of such permit.

(4) A conditional zoning development agreement shall stipulate that the costs incurred to rezone

the property upon termination of the agreement be paid by the applicant, owner and/or

developer of the property.

(k) Enforcement of Agreements:

Conditional zoning development agreements may be enforced by the county through any means

deemed to be appropriate, including, but not limited to, specific enforcement, injunctive relief, or

damages for violation of any provision of this article or of any agreement approved pursuant to the

provisions of this article. The foregoing enforcement options available to the county shall not be deemed

exclusive. (Ord 2022-14, Oct. 3, 2022)

Sec. 112-171--112-189. Reserved.

Secs. 112-169--112-189. Reserved.

ARTICLE III. ZONING DISTRICT ESTABLISHED; DISTRICT REGULATIONS

DIVISION 1. GENERALLY

Sec. 112-190. Zoning districts designated.

(a) To further the purposes stated in this section, the following names shall apply to zoning districts

created by this article:

District Name

Symbol

Agricultural 10 Zone

Ag-10

Agricultural 20 Zone

Ag-20

Agricultural 40 Zone

Ag-40

Residential 1 Zone

R-1

Residential 5 Zone

R-5

Commercial 1 Zone

C-1

Commercial 2 Zone

C-2

Light Industrial Zone

L-I

Heavy Industrial Zone

H-I

Recreational Res/Com Zone

RR/C

Recreational Open Zone

R/O

(b) In order to separate land uses which are incompatible and to mitigate the effects of land uses

which conflict, the county is divided into zoning districts as shown on the official zoning map of the county

which is adopted and made a part of this division as though fully set forth in this division. The zones shown

on the official zoning map shall correspond to the zones described in text of this division. All land within

the unincorporated areas of the county shall be subject to the restrictions contained in this division.

Sec. 112-191. Zoning map requirements and district boundaries.

(a) The official zoning map shall serve as the true record of zoning district boundaries and shall bear

the signatures of the Board. Signed originals of the official zoning map shall be kept on file in the office of

the county clerk and planning and zoning office. Zoning district boundaries shall conform as closely as

possible to surface features such as roads, alleys, streams, and ridge lines or valley bottoms or to legal

boundaries, such as lot lines subdivision boundaries, property lines, and government survey boundaries.

(b) In the event that a parcel is divided by two (2) or more zoning districts, the Commission or Board

will determine the zoning district which will be applied to the parcel or portion of the parcel thereof, when

considering land use or other applications. All determinations of the administrator or Commission are

subject to review by the Board. The decision regarding the applicable zoning district will be based upon

the most beneficial use of the land and its compatibility to surrounding zoning districts and land use. The

zoning decision rendered will be formally codified within the county zone map following a public hearing

on said zone change amendment. If a parcel consists of more than one zoning designation, the majority

zone shall be the regulatory zone.

Sec. 112-192. Land use table.

See Section 112-595. This table is the official land use table showing the uses that will be allowed

within every zone including whether a Conditional Use Permit is required.

Secs. 112-193--112-224. Reserved.

DIVISION 2. AGRICULTURAL ZONES

Sec. 112-225. General purpose.

The purpose of the agricultural zone or district is to provide for and protect agricultural lands and uses.

All other uses will be considered secondary and not allowed if they pose any interference or negative

impacts upon the agricultural use of the land. The minimum lot size and building locations in this zone shall

be of a size to allow for economically viable agricultural uses without affecting surrounding properties

adversely.

Sec. 112-226. Agricultural 10 Zone (Ag-10).

(a) Purpose. This zone allows for agricultural uses with the development of residential lots that are

ten (10) acres in size or larger.

(b) Permitted uses. Permitted uses are allowed in accordance with the land use table in Section 112-

595.

Sec. 112-227. Agricultural 20 zone (Ag-20).

(a) Purpose. This zone allows for the agricultural uses with the development of residential lots that

are twenty (20) acres in size or larger.

(b) Permitted uses. Permitted uses are allowed in accordance with the land use table in Section 112-

595.

Sec. 112-228. Agricultural 40 zone (Ag-40).

(a) Purpose. This zone allows for the agricultural uses with the development of residential lots that

are 40 acres in size or larger.

(b) Permitted uses. Permitted uses are allowed in accordance with the land use table in Section 112-

595.

Secs. 112-229—112-249. Reserved.

DIVISION 3. RESIDENTIAL ZONES

Sec. 112-250. General purpose.

The purpose of the residential zones is to provide for and protect residential lands of a single-family

residential environment, located conveniently near urban centers, by providing for an area of transition

from agricultural to residential. To provide for gardening and family recreation opportunities, including the

keeping of a limited number of livestock and poultry with an administrative use permit. The minimum lot

size and building location in this zone must be such that water and sewer facilities and locations for the

same can be easily provided on an individual basis on each lot, without affecting surrounding properties

adversely.

Sec. 112-251. Residential One Zone (R-1).

(a) Purpose. The purpose of the R-1 single-family residential zone is to preserve residential

neighborhoods, to prevent over-crowding of the land, and to encourage the development of low-density

area which are best suited for residential purposes. The density in this zone is one (1) acre per dwelling

unless otherwise permitted by county ordinance. In the impact area of an incorporated city within the

county, the density may be greater where central sewer and central water or where municipal water and

sewer are permissibly provided.

(b) Permitted uses. Permitted uses are allowed in accordance with the land use table in Section 112-

595.

exceed 2.5 stories or thirty-five feet (35’) in height unless approved with a conditional use permit.

(d) Setback and lot line requirements. Refer to setback table Sec. 112-334.

(e) Off-street parking requirements. For each single-family residence, two parking spaces are

required. They shall be sufficient in size for a garage or carport.

(f) Access to a state or county road. All access to county or state roads shall follow all access

policies and ordinances as set by the county and/or regulating authority with jurisdiction. Multiple accesses

are discouraged and shared access will be encouraged under these policies.

(g) Distances between accesses will be reviewed, and an access permit will be issued by Jefferson

County Public Works, if it conforms to jurisdictional requirements.

Sec. 112-252. Residential Five Zone (R-5).

(a) Purpose. The purpose to the R-5 single-family residential zone is to preserve residential

neighborhood, to prevent over-crowding of the land and to encourage the development of low-density area

which are best suited for residential purposes. The density in this zone is five (5) acres per dwelling. In the

impact area of an incorporated city within the county the density may be greater if central sewer and water

or municipal water and sewer are provided.

(b) Permitted uses. Permitted uses are allowed in accordance with the land use table in Section 112-

595.

exceed 2.5 stories or thirty-five feet (35’) in height unless approved with a conditional use permit.

(d) Setback and lot line requirements. Refer to setback table Sec. 112-334.

Sec. 112-253 Residential Ten (R-10).

(a) Purpose. The purpose of the R-10 single-family residential zone is to preserve low-density

residential uses in the county while encouraging higher density in the impact areas of incorporated cities

within the county. The density in this zone is ten (10) acres per dwelling unless otherwise permitted by

county ordinance. This zone designation also acts as a holding zone within the impact area of an

incorporated city within the county to allow thoughtful development of property that will be annexed.

(b) Area of Impact Guidance. Developers are encouraged to work with incorporated cities in

Jefferson County and within the guidelines imposed by current Area of Impact Agreements between said

cities and the county to plan developments that will be annexed. Through this strategy, agriculture and rural

residential uses will continue within areas of city impact until municipal public facilities are extended to

those areas for greater development.

595.

(d) Height regulations. Any building or structure or portion thereof hereafter erected shall not exceed

2.5 stories or thirty-five feet (35’) in height unless approved with a conditional use permit.

(e) Setback and lot line requirements. Refer to setback table Sec. 112-334. (Ord 2022-13 September

19, 2022)

Secs. 112-254--112-282. Reserved.

DIVISION 4. COMMERCIAL ZONES

Sec. 112-283. General purpose.

The intent and purposes of the commercial zoning districts are to establish areas within the county

that are primarily commercial in character and to set forth certain minimum standards for commercial

development within those areas. The purpose in having more than one commercial district is to provide

opportunities for a variety of employment and community service opportunities within the community,

while providing a basic level of predictability. There is a rebuttable presumption that the uses set forth for

each district will be compatible with each other both within the individual districts and to adjoining zoning

districts when the standards of this division are met and any applicable conditions of approval have been

satisfied.

Sec. 112-284. Commercial One (C-1).

(a) Purpose. The intent of the C-1 neighborhood business district is to provide for smaller scale

retail and service activities frequently required by neighborhood residents on a day-to-day basis.

Development scale and pedestrian orientation are important elements of this district.

(b) Permitted uses. Permitted uses are allowed in accordance with the land use table in Section 112-

595.

(d) Area requirements. The minimum lot size is one (1) acre.

(e) Accessory uses. Permitted uses are allowed in accordance with the land use table in Section 112-

595.

(f) Access to a state or county road. All access to county or state roads shall follow all access

policies and ordinances as set by the state or county. Multiple accesses are discouraged and shared accesses

encouraged under these policies.

(g) Drive-in restaurant. A 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 feet high sight obscuring fence along the property lines that adjoin a residence.

(3) Will provide for adequate trash receptacles.

(h) Outdoor storage of commercial materials. Outdoor storage:

(1) Will be screened from the 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.

Sec. 112-285. Commercial Two (C-2).

(a) Purpose. The intent of the C-2 community business district is to provide for a broad range of

mutually supportive retail and service functions located in clustered areas bordered on one or more sides

by limited access arterial streets.

(b) Permitted uses. Permitted uses are allowed in accordance with the land use table in Section 112-

595.

(d) Area requirements. The minimum lot size is one (1) acre. (e) Accessory uses. Permitted uses

are allowed in accordance with the land use table in section 112-595.

(f) Access to a state or county road. All access to county or state roads shall follow all access

policies and ordinances as set by the county. Multiple accesses will discouraged and shared access will be

encouraged under these policies.

Secs. 112-286--112-303. Reserved.

DIVISION 5. INDUSTRIAL ZONES

Sec. 112-304. General purpose.

The intent and purpose of the industrial zoning districts is to establish areas within the county that are

primarily industrial in character and to set forth certain minimum standards for development within those

areas. The purpose in having more than one industrial district is to provide opportunities for a variety of

employment and community service functions within the community while providing a basic level of

predictability. There is a rebuttable presumption that the uses set forth for each district will be compatible

with each other when the standards of this division are met and any applicable conditions of approval have

been satisfied.

Sec. 112-305. Light Industrial (L-I).

(a) Purpose. The purpose of the light industrial zone is to provide for the community's needs for

wholesale trade, storage and warehousing, trucking and transportation terminals, light manufacturing and

similar activities. The zone should be oriented to major transportation facilities yet arranged to minimize

adverse effects on residential development, therefore, some type of screening may be necessary.

(b) Permitted uses. Permitted uses are allowed in accordance with the land use table in Section 112-

595.

(d) Area requirements. The minimum lot size is one (1) acre.

(e) Access to a state or county road. All access to county or state roads shall follow all access

policies and ordinances as set by the state or county. Multiple accesses are discouraged and shared access

are encouraged under these policies.

(f) Screening requirements.

(1) Any industrial development that abuts any existing residential development or abuts any

parcel planned or zoned for housing development shall be screened from view from the

housing site using a combination of fencing, planting, and/or berming to the satisfaction of

the Commission.

(2) If an industrial development occurs prior to an adjacent residential development, it shall be

the responsibility of the residential development to provide screening using a combination of

fencing, plantings, and/or berming to the satisfaction of the Commission.

(3) Any outdoor storage of display of goods, materials, or damaged vehicles awaiting repairs shall

be screened from view from any non-industrial zones to the satisfaction of the Commission

using a combination of fencing, coniferous and deciduous plantings, and/or berming.

Sec. 112-306. Heavy Industrial (H-I).

(a) Purpose. The purpose of the heavy industrial zone is to provide locations for industrial activities

that have greater than average off-site effects. This zone should be located adjacent to existing industrial

development and along federal, state, county or local roads in location consistent with city land use plans

as established in the impact zones.

(b) Permitted uses. Permitted uses are allowed in accordance with the land use table in Section 112-

595.

(1) Any industrial development that abuts any existing residential development or abuts any

parcel planned or zoned for housing development shall be screened from view from the

housing site using a combination of fencing, planting and/or berming to the satisfaction of the

Commission.

(2) If an industrial development occurs prior to an adjacent residential development, it shall be

the responsibility of the residential development to provide screening using a combination of

fencing, plantings and/or berming to the satisfaction of the Commission.

(3) Any outdoor storage of display of goods, materials, or damaged vehicles awaiting repairs shall

be screened from view from any non-industrial zones to the satisfaction of the Commission

using a combination of fencing, coniferous and deciduous plantings, and/or berming.

(d) Setback and lot line requirements. Refer to setback table Sec. 112-334.

(e) Area requirements. The minimum lot size is one (1) acre.

(f) Access requirements.

(1) The location of any driveway from a public road shall require approval by county

Commission.

(2) The minimum distance between any two (2) driveway-road intersections shall be two hundred

feet (200’). No driveway shall be located closer than two hundred feet (200’) to the

intersection of the pavement of the two (2) public roads.

(g) General regulations. All uses within this zone will meet the requirement of the local and state

agencies.

Secs. 112-307--112-330. Reserved.

DIVISION 6. RECREATIONAL ZONES

Sec. 112-331. General purpose.

It is the purpose of this district to promote general recreational hobbies and to allow the public

enjoyment of certain areas of land without the interference of nonconforming uses.

Sec. 112-332. Recreational Residential/Commercial (RR/C).

(a) Purpose. The RR/C zone is to allow for recreational residential development, as well as

recreational related commercial uses. The residential density in this area is five (5) acres.

(b) Permitted uses. Permitted uses are allowed in accordance with the land use table in Section 112-

595.

(d) Accessory uses. Accessory uses are permitted. Such uses shall be limited to thirty-five feet (35’)

in height and shall not encroach upon the front or side yards.

(e) Off-street parking requirements. Off-street parking requirements are the same as the R1 zone.

(f) For each single-family residence, two (2) stalls sufficient in size for automobiles shall be

provided for a garage or carport.

(g) Access to a state or county road. All access to county or state roads shall follow all access

policies and ordinances as set by the state or county. Multiple accesses will be discouraged and shared

access will be encouraged under these policies.

Sec. 112-333. Recreation/Open Space (R/O).

(a) Purpose. It is the purpose the R/O district to promote general recreational hobbies and to allow

the public enjoyment of certain areas of land without the interference of nonconforming uses. Also to

protect wildlife habitat, floodplain, environmental sensitive area, open space and ensure the preservation of

natural habitat. The residential density in this area is ten acres..

(b) Permitted uses. Permitted uses are allowed in accordance with the land use table in section 112-

595.

(d) Accessory uses. Accessory uses are permitted. Such uses shall be limited to thirty-five feet (35’)

in height and shall not encroach upon the front or side yards.

(e) Off-street parking requirements. Off-street parking requirements shall be the same as the R-1

zone. For each single-family residence, two (2) stalls sufficient in size for automobiles shall be provided

for a garage or carport.

(f) Access to a state or county road. All access to county or state roads shall follow all access

policies and ordinances as set by the state or county. Multiple accesses are discouraged and shared access

are encouraged under these policies.

(g) Open space. Open space shall mean any area of land or water that is not a part of a residential

lot, is devoted to environmental preservation, agricultural production, or outdoor recreation and generally

lacks buildings or other structures except for structures that are subordinate to and customarily incidental

to the use of the open space.

DIVISION 7. SETBACK REQUIREMENTS

Sec. 112-334. Setback Requirements

For reference: Front shall mean the portion of the structure facing any/all county roads.

Zone

Location

Setback Requirement

Ag-40

Front

80 feet from centerline of the

road

Ag-40

Side

10 feet from property line

Ag-40

Rear

25 feet from property line

Ag-20

Front

80 feet from centerline of the

road

Ag-20

Side

10 feet from property line

Ag-20

Rear

25 feet from property line

Ag-10

Front

80 feet from centerline of the

road

Ag-10

Side

10 feet from property line

Ag-10

Rear

25 feet from property line

R-1 (1 acre or more)

Front

80 feet from centerline of

road/100 feet from center of any

cul-de-sac

R-1 (1 acre or more)

Side

10 feet from property line

R-1 (1 acre or more)

Rear

10 feet from property line

R-5

Front

80 feet from centerline of

road/100 feet from center of any

cul-de-sac

R-5

Side

10 feet from property line

R-5

Rear

10 feet from property line

C-1

Front

80 feet from centerline of the

road/ 90 feet if the road is a

major or minor arterial.

C-1

Side

0 feet from property line

C-1

Rear

15 feet from property line

C-2

Front

80 feet from centerline of the

road/ 90 feet if the road is a

major or minor arterial.

C-2

Side

0 feet from property line

C-2

Rear

15 feet from property line

Front

80 feet from centerline of the

road/ 90 feet if the road is a

major or minor arterial.

Side

0 feet from property line

Rear

15 feet from the property line/

100 feet if adjacent to Residential

Zone

Front

80 feet from centerline of the

road/ 90 feet if the road is a

major or minor arterial.

Side

0 feet from property line

Rear

15 feet from the property line/

100 feet if adjacent to Residential

Zone

RR/C

Front

80 feet from centerline of road

RR/C

Side

15 feet from the property line/

100 feet if adjacent to Residential

Zone

RR/C

Rear

10 feet from property line

R/O

Front

80 feet from centerline

R/O

Side

10 feet from property line

R/O

Rear

25 feet from property line

Exception:

Pre-existing non-conforming lots that are between 3/4-1 acre shall have a front setback of

75 feet from the centerline of all county roads and 95 feet from the center of any cul-de-sac.

Pre-existing non-conforming lots that are less than 3/4 of an acre shall have a front setback

of 65 feet from the centerline of all county roads and 85 feet from the center of any cul-de-sac.

Sec. 112-335. Canal setbacks.

(a) Incorporated canal system. In an effort to protect structures and persons from water incursion

there shall be setback of sixty feet (60’) measured horizontally from a point perpendicular to the high water

mark on each side of any incorporated canal in which no habitable structures of any kind shall be permitted;

provided a non-habitable structure or structures may be allowed within the sixty feet (60’) with the

discretion of reasonable setback to allow for the cleaning and maintenance of the canal.

(b) Elevated incorporated canal systems. In an effort to protect structures and person from water

incursion, there shall be a setback of eighty feet (80’) measured horizontally from a point perpendicular to

the high water mark on each side of any incorporated canal that is elevated above the ground in which no

habitable structure of any kind shall be permitted provided an non-habitable structure or structures may be

allowed within the setback of 80 feet with the discretion of reasonable setback for cleaning and maintenance

of the canal is maintained. These canals, including the Mud Lake Users canal, Butte Market Lake canal,

Independence canal (West of Roberts) and the Jefferson Canal, are to have an eighty foot (80’) setback

from the high water mark.

(80’) measured horizontally from a point perpendicular to the high water mark on each side of any navigable

waterway. These waterways are known in the county as the Snake River, Dry Bed, Great Feeder, Camas

Creek, Mud Lake, Market Lake and Ray's Lake.

Secs. 112-336--112-354. Reserved.

ARTICLE IV. SUPPLEMENTARY REGULATIONS

DIVISION 1. GENERALLY

Sec. 112-355. Exceptions.

(a) Projections from buildings. In residential zones, cornices, eaves, canopies, sunshades, gutters,

chimneys, flues, belt courses, leaders, sills, piliaters, lintels, and other similar architectural features shall

not extend beyond the exterior walls more than thirty-three and half percent (33.5%) of the distance of the

required setback. All runoff from these extensions shall be contained on the parcel where the structure is

located.

(b) General exceptions of lot size requirements. If a lot or the aggregate of contiguous lots or parcels

are recorded prior to January 1, 2008, with an area or dimension which does not meet the requirements of

this article, the lot or aggregate holdings may be put to a use permitted outright, subject to the other

requirements of the zone in which the property is located, except that a residential use shall be limited to a

single-family dwelling. Lots divided by court decree are not subject to minimum lot requirements.

requirements are authorized for a lot in any zone:

(1) On corner lots, the owner of the lot may determine which road the front of primary structure

shall face.

(2) If the elevation of a lot rises or falls more than four feet (4’) in the first twenty feet (20’)

measured from the front lot line, the following provision shall apply: The required depth

of the front yard shall be equal to the horizontal distance measured from the front lot line

to where the average lot profile line intersects a horizontal line four feet (4’) above or below

the front lot line.

(3) The Commission may establish greater yard requirements when the yard abuts a road which

the county has designated for widening or a corner lot.

Sec. 112-356. Lot size.

(a) Minimum lot size shall be subject to District Seven Health Department standards for the

installation of approved domestic water supply and sewage disposal systems, provided that: (1) any lot

created shall be at least one (1) acre in size except as otherwise provided by county ordinance.

(b) If an existing lot is divided by a county road that is maintained by the county, the minimum lot

size for that portion may be less than the minimum required for the zoning district.

shall be reviewed on a case-by-case basis.

Sec. 112-357. Clear vision area requirements.

A clear vision area, as defined in Section 112-1, shall be maintained on the corners of all public and

private property within the intersection of roadways, or of a roadway and railroad. The clear vision area

shall contain no trees, shrubs or other plantings, fences, walls, signs or other temporary or permanent sight

obstructions of any nature exceeding thirty inches (30”) in height above the existing centerline elevation of

the adjacent roadway, except that trees exceeding thirty inches (30”) in height may be permitted if all

branches and foliage are removed to a height of nine feet (9’) above the existing centerline elevation of the

adjacent roadway.

Sec. 112-358. Accessory Dwelling Units

(a) Purpose. The purpose of this section is to provide regulations and limitations that will develop

affordable alternatives of housing for both homeowners and renters. These apartments can also allow

families to provide support to another family member. Accessory apartments help to maximize use of

existing public infrastructure and services since they are created on already developed sites thereby

reducing the pressure to develop on open space.

(b) Standards.

(1) One accessory dwelling unit is allowed per lot or parcel where permitted by zone district.

(2) Accessory dwelling units may be attached to a single family dwelling, detached on a

permanent foundation, or part of an accessory structure.

(3) Accessory dwelling units shall not exceed twelve hundred (1200) square feet of gross floor

living area.

(4) An accessory dwelling unit must share an access or driveway with the principal or primary

dwelling.

(5) Accessory dwelling units shall not be considered for evaluating density on private roads.

(6) Accessory dwelling units shall have a separate outside entrance from the primary structure.

(7) The accessory dwelling unit shall not have more than two bedrooms.

(8) Accessory dwelling units shall not be permitted in subdivisions that were approved with a

nutrient pathogen study, or on any residential lot less than two (2) acres, unless the structure

and its utilities are attached to the existing primary residence.

(9) The accessory dwelling unit may not be sold as a separate unit or lot provided that it meets

applicable county ordinances.

(10) The accessory dwelling use must meet setback requirements and all other provisions of this

Ordinance.

(11) Each accessory dwelling shall be required to obtain a Building permit prior to building and

meet all the requirements of this ordinance and the building code as per residential uses.

Sec. 112-359. Home occupations, home businesses.

(a) Home occupations. Home occupations shall meet the following standards:

(1) Incidental to residence. A home occupation shall be operated by a person residing within

the dwelling unit, shall be clearly secondary and incidental to use of the dwelling unit as a

residence, and shall be conducted entirely within the dwelling unit, without altering the

exterior of the dwelling unit.

(2) Impact. A home occupation shall not affect the rural or residential character of the

neighborhood. Consideration should be specifically given to impact on sight, sound, smell

and traffic.

(3) Permitted uses. Uses permitted may include, but are not limited to: professional services

such as an accountant, physician, real estate agent; art studio, handcraft studio, music

studio, or similar studio uses; a tailor; tutoring or classes for no more than two students at

one time; and counseling primarily for individual persons; or, similar activities.

(4) Employment. No one residing off-premises may be employed on the premises of a home

occupation.

(5) Parking. All parking shall be provided on-site, and shall be located to the rear of the

structure or in another location in order to avoid visual obstruction.

(6) Display and signage. See division 3 of this article.

(b) Home businesses. Home businesses shall meet the following standards:

(1) Incidental to residence. A home business shall be operated by a person residing within the

dwelling unit, and shall be clearly an incidental and secondary use of a residential dwelling

unit and/or an accessory building.

(2) Impact. A home business shall not affect the rural or residential character of the

neighborhood. Consideration should be specifically given to impact on sight, sound, smell

and traffic.

(3) Permitted uses. Home businesses may include, but are not limited to, those occupations

allowed in home occupations; construction and/or contracting businesses; service

businesses; repair of furniture and small appliances; offices; music, art or other schools; art

studios and galleries; or similar activities.

(4) Parking. All parking for customers or clients shall be provided on-site, and shall be located

to the rear of the structure or in another location in order to avoid visual obstruction.

(5) Display and signage. See Division 3 of this article.

Sec. 112-360. Animals in the residential zones.

(a) Animals are defined as follows:

(1) Large size animal – cattle, horse, donkey, mule, etc.

(2) Medium size animal - sheep, goat, emu, llama, pigs, etc.

(3) Large fowl – turkey, geese, etc.

(4) Small fowl- chickens, pigeons, pheasants, ducks, rabbits, etc.

(b) Animals in residential zones. Large and medium sized animals will be allowed in R-1 Zones at

one head for the first one-half (1/2) acre of land and one head for each additional acre (not

including sucklings). Each lot may have a maximum of ten (10) large fowl per acre and a

maximum of twenty (20) small fowl per acre. Fowl will not count towards the allowable medium

and large sized animals for the parcel. Roosters and large and medium animals are not permitted

in R-1 subdivisions, unless the parcel is at least two (2) acres or more, and then the

aforementioned restrictions shall apply. Exception will not be permitted for large animals that

are kept for 4-H, FFA, or other educational projects.

respect to neighboring property.

(d) Pasture does not include that portion of land where the residence and accessory buildings are

located. It does include any buildings used for animals.

(e) Animals, regardless of zoning, shall not run at large. Any/all owners of any/all animals running

at large may be referred for prosecution.

Sec. 112-361. Kennels

(1) The various types of kennels include, but are not limited to:

a. Hobby Kennel. A kennel facility not meeting the requirements of a commercial

kennel, which shall adhere to the following standards:

i. Breeding for sale of no more than two (2) litters per year.

ii. No commercial boarding shall be allowed.

iii. A maximum of six (6) dogs, excluding pups six (6) months of age or younger,

shall be permitted in a hobby kennel.

b. Commercial Kennel: a kennel facility which includes one or more of the following

activities:

i. Breeding for sale of three (3) or more litters per year.

ii. Offering a service for compensation in conjunction with the operation of the

kennel, including, but not limited to, training, grooming, boarding, or

breeding.

iii. Raising of competition dogs for purposes of competition, greyhound racing,

sled dog racing, cattle dogs, dog pulls or any other events.

iv. Any pet shop regularly selling dogs.

c. Kennel Performance Standards: All kennel facilities shall adhere to the following

standards:

i. The owner shall have a continuing obligation to maintain adequate

housekeeping and sanitation practices designed to prevent the creation of a

public nuisance and to reduce to a minimum the factors of noise and odor.

ii. The owner/operator shall maintain adequate fencing to restrain the dogs from

running at large. If the kennel is located adjacent to a residence, visual

screening is required.

iii. Facilities in which dogs are housed shall have a designated location for

feeding and watering in the rear yard and shall not encroach upon the rear

and side setbacks.

iv. All dogs shall be housed indoors during the night.

Sec. 112-362. Recreational Vehicles (RVs) in Non-approved Recreational Vehicle (RV) Parks and

Recreational Vehicle (RV) Park Performance Standards.

A. Temporary or intermittent use of an RV in non-approved RV Parks shall comply with the following

standards:

(1) The RV shall have current registration and shall be in serviceable condition so it can be operated

in a safe and lawful manner upon the roads and highways in the State of Idaho as set forth in the

motor vehicle laws of the State of Idaho, title 49, Idaho Code;

(2) The RV shall not be set on blocks with the tires or running gear removed;

(2) The RV may be used as a temporary residence with an approved Administrative RV Permit;

(3) There shall be only one (1) unit per lot allowed;

(4) Proof of approval from Eastern Idaho Public Health must be submitted to the Planning and

Zoning department as part of the Administrative RV Permit application;

(5) No decks, stairways, or additions shall be attached to an RV;

(6) The RV shall not be skirted;

(7) The RV shall not be used as a rental property;

(8) Acquiring RVs to disassemble for parts, salvage, or to refurbish for resale shall not be permitted;

and

(9) If a building permit for a dwelling is obtained, a recreational vehicle may be used as a temporary

dwelling for no more than one year. The Administrator may extend this period for an additional six

months. After one year, or expiration of the extension, the owner must obtain a conditional use

permit stating reasons why the unit should be allowed as a residence for more than one year.

B. Recreational Vehicle (RV) Parks shall comply with the following standards

(1) Recreational Vehicle (RV) Parks may provide temporary or seasonal RV sites for up to six (6)

months in a calendar year. The RV Park shall not provide permanent or year-round sites. Moving

from one space to another on the same property does not in any way extend the six (6) month time

limit;

(2) The RV shall have current registration and shall be in serviceable condition so it can be operated

in a safe and lawful manner upon the roads and highways in the State of Idaho as set forth in the

motor vehicle laws of the State of Idaho, Title 49, Idaho Cod;

(3) An RV shall not be set on blocks with the tires or running gear removed;

(4) The RV must be hooked into a sewage disposal system which meets the requirements of the

Eastern Idaho Public Health District;

(5) No decks, stairways, or additions shall be attached to an RV;

(6) The RV shall not be skirted;

(7) Modifications of any kind which inhibit the mobility of the RV shall not be permitted; and

(8) The RV shall not be used as a rental property.

C. Responsibilities of the Recreational Vehicle (RV) Park Management

(1) The operator of a recreational vehicle park shall operate in compliance with this ordinance, and

any other applicable county ordinance or state code.

(2) The operator shall provide supervision to maintain the park, its facilities and equipment in good

repair and a clean and sanitary condition.

(3) The park management shall notify park occupants of all applicable provisions of this ordinance

and inform them of their duties and responsibilities under this ordinance.

Sec. 112-363. Site plans.

Site plans may be required for various uses to determine setbacks, parking, landscaping, etc.,

requirements. Site plans shall be submitted for all uses listed in the ordinance from which this section is

derived requiring a site plan and for any other use which is required by this article, the administrator, or the

Commission.

Sec. 112-364. Sexually-oriented business.

(a) Purpose. The purpose of this article is to establish provisions for Sexually Oriented Businesses

(SOB). This provision will reasonably govern the location of sexually-oriented business in order to avoid

adverse secondary effects which may result from the operation of such business; and to promote the health,

safety, morals, and general welfare of the citizens of the county. This section shall be construed to protect

the governmental interests with protections provided by the United States Constitution and Idaho

Constitution.

(b) Definitions. The following words, terms and phrases, when used in this section, shall have the

meanings ascribed to them in this subsection, except where the context clearly indicates a different

meaning:

(1) Adult arcade – Any place to which the public is permitted or invited wherein coin-operated

token-operated or electronically, electrically, or mechanically controlled still or motion

picture machines, projectors, or other image-producing devices are maintained to show

images to five (5) or fewer persons per machine at any one time, and where images so

displayed are distinguished or characterized by the depicting or describing of "specified

sexual activities" or "specified anatomical areas."

(2) Adult booth – An establishment or a separate enclosure within a structure featuring adult

entertainment or adult material. The term "adult booth" does not include a restroom or a

foyer through which any person can enter or exit.

(3) Adult cabaret – An establishment that features adult entertainment.

(4) Adult entertainment – Any modeling, posing, exhibition, display, or exposure, of any type,

whether through book, pictures, film, displays, live performance, dance, or modeling, that

has as its dominant theme, or is distinguished or characterized by an emphasis on any one

or more of the following:

(a) Any actual or simulated specified sexual activities;

(b) Specified anatomical areas;

(d) Appearing nude or semi-nude.

(5) Adult entertainment establishment – An adult video or bookstore, adult cabaret, adult booth,

adult modeling or display establishment, adult motel, or adult theater.

(6) Adult material – One or more of the following materials that have as their primary or

dominant theme matter depicting, illustrating, describing or relating to adult entertainment,

regardless of whether it is new or used:

(a) Books, magazines, periodicals or other printed matter;

(b) Photographs, film, motion pictures, videocassettes, slides, or other visual

representations;

The term "adult material" shall also include instruments, novelties, devices or

paraphernalia that are designed for use in connection with adult entertainment or adult

material.

(7) Adult modeling or display establishment - Any establishment whose employees engage in

adult entertainment or adult private modeling.

(8) Adult motel - Any motel, hotel, boardinghouse, rooming-house, or other place of temporary

lodging that offers a sleeping room for rent for a period of time that is less than twenty-four

(24) hours or allows a tenant or provides accommodations to the public for any form of

consideration and provides patrons with closed-circuit television transmissions, films,

motion pictures, video cassettes, slides, or other photographic reproductions that are

characterized by the depiction or description of the term "specified sexual activities" or

"specified anatomical area"; and has a sign that advertises the availability of this adult type

of photographic reproductions or includes the term "adult" or "exotic" in any name it uses,

or otherwise provides or advertises adult entertainment or adult material.

(9) Adult private modeling – Modeling, posing, exhibition, display, or exposure by an employee

relating to adult entertainment before a nonemployee while the nonemployee is in an area

not accessible to all other persons in the establishment, or while the nonemployee is in an

area either totally or partially screened or partitioned during such display from the view of

all persons outside the area. The term "private performance" is considered private modeling.

(10) Adult theater – An establishment consisting of an enclosed structure, or a portion or part

of an enclosed structure, or an open air area where a person may view adult material or adult

entertainment. Generally, the adult material or adult entertainment is prerecorded material.

(11) Adult video or book store – An establishment that sells or rents adult material, however,

any establishment meeting all the following criteria shall not be considered an adult video

or book store:

(a) The adult material is accessible only by employees.

(b) The individual items of adult material offered for sale and or rent comprise less than

ten percent (10%) of the individual items publicly displayed at the establishment as

stock in trade in the following categories: video, books, magazines, periodicals, other

printed matter, slides, other visual representations, recordings, and other audio matter.

promotional activities relating to the adult materials "XXX," "XX", or "X", or any

series of the letter "X" whether or not interspersed with other letters, figures, or

characters; "erotic" or deviations of that word; "adult entertainment" or similar phrases;

"sex" or "sexual acts" or similar phrases; or any other letters, words, or phases that

promote the purchase or rental of adult material.

(12) Escort – A person who, for consideration, agrees or offers to act as a companion,

guide, or date for another person, or who agrees or offers to privately model lingerie or to

privately perform a striptease for another person.

(13) Escort agency – A person or business association who furnishes, offers to furnish,

or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or

other considerations other than a sex or sexual act.

(14) Obscene – Any act or material which the average person finds unwholesome,

morbid, offensive, or lewd.

(15) Specified anatomical areas:

(a) Less than completely and opaquely covered part of the human body consisting of:

i. Human genitals;

ii. Pubic region;

iii. Buttock;

iv. Anus;

v. Female breast below a point immediately above the top of the areola, but shall

not include any portion of the cleavage of the human female breast exhibited

by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel,

provided that the areola is not exposed.

(b) Human male genitals in a discernibly turgid state, even if completely and opaquely

covered.

(16) Specified sexual activities:

(a) Human genitals in a state of sexual stimulation, arousal or tumescene.

(b) Acts of human anilingus, bestiality, buggery, coprophagy, coprophilia, cunnilingus,

fellatio, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia,

sadism, sadomasochism, sapphism, sexual intercourse, and sodomy.

(17) Straddle dance means an employee's use of any part of his or her body to touch the

human genitals, pubic region, buttock, anus, or female breast of a nonemployee while at

the establishment, or the touching of the human genitals, pubic region, buttock, anus, or

female breast of any employee by a nonemployee while at the establishment. Conduct shall

be a straddle dance regardless of whether the touch or touching is direct or through a

medium. The terms "lap dance," "table dance," and "face dance" are considered the same

as the term "straddle dance."

business shall be permitted only with a conditional use permit in the C-2, L-I, or H-I zone as shown on the

zoning map of the county and shall not be permitted as a home based business or home occupation.

(1) No sexually-oriented business shall operate within 2,500 feet (state minimum) of any of the

following:

a. Residential zone boundary line as shown on the county zoning map;

b. The property boundary of any church public park, public library, school, or daycare;

c. The boundary of any property for which a sexually-oriented business license earlier has

been issued and has not expired; or

d. Another adult entertainment establishment or SOB.

(2) No church, public parks, public library, daycare or school shall be established closer than 2,500

feet from any sexually-oriented business.

(3) For the purpose of this section, the distance from any church, public park, public library, daycare

or school shall be measured in a straight line from the nearest point of the line of any property

on which a sexually-oriented business is operating, or is proposed to operate, to the nearest

residential zone boundary line or property boundary line of any church, public park, public

library, daycare or school, as the case may be.

(4) The applicant shall provide evidence certified by a professional land surveyor licensed in the

State of Idaho that the proposed adult entertainment establishment conforms to the separation

requirements of this subsection (c).

(d) Developments standards. Each sexually-oriented business shall be subject to all development

standards of the C-2, L-I, or H-I zone in which it is located, including, but not limited to, setbacks, building

height, projections, etc.

(e) Signs.

(1) All signage for a SOB will comply with Division 3 of this article (signage) and shall have

administrative approval.

(2) Signs for adult entertainment establishments shall not contain any emphasis, either by

movement, picture, or otherwise, on matter relating to adult entertainment as herein defined.

(3) Signs for any SOB providing adult entertainment or adult material shall have in a conspicuous

place at each entrance to such business a legible door sign conspicuously stating "Persons under

18 years of age not permitted."

(4) Any sign considered obscene, as defined in subsection (b) of this section, shall be considered a

public nuisance. Signs shall not display nudity, semi-nudity, pictures of sexual acts, other related

adult material, or "XXX," "XX," or "X," or any series of the letter "X." Signage shall not display

the words or phrases "erotic," "adult entertainment," "sex or sexual acts."

Secs. 112-365--112-453. Reserved.

Secs. 112-391--112-408. Reserved.

DIVISION 2. SIGNS

Sec. 112-409. Authority.

These regulations are authorized by Idaho Code, title 40, ch. 19 (Idaho Code, § 40-1901 et seq.) and

Idaho Code, Title 67, Ch. 65 (Idaho Code, § 67-6501 et seq.).

(Ord. of 4-25-2005, § 3.5.1)

Sec. 112-410. Purpose.

The purpose of this division is:

(1) To promote and protect the public safety, morals, comfort, convenience and general welfare by

the orderly placement and erection of signs and billboards in the county;

(2) To foster the effective use of signs as a means of communication within the county;

(3) To maintain a balance between the community's visual character and sustainability of economic

growth;

(4) To ensure the county will have the ability to attract sources of economic development and

growth;

(5) To improve, maintain and enhance pedestrian and traffic safety;

(6) To ensure that signs are safe and consistent with building regulations through adoption of the

Uniform Sign Code;

(7) To minimize the possible adverse effects of signs on nearby public and private property; and

(8) To enable the fair and consistent enforcement of sign regulations.

Sec. 112-411. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed

to them in this section, except where the context clearly indicates a different meaning:

(1) Architectural blade – A roof sign or projecting sign with no legs or braces, designed to look as

though it could have been part of the building structure, rather than something suspended from or

standing on the building.

(2) Canopy – A roof-like structure projecting from a wall and supported in whole or in part by vertical

supports from the ground, and erected primarily to provide shelter from the weather.

(3) Changeable copy panel – A panel which is characterized by changeable copy, regardless of method

of attachment.

(4) Changing sign – A sign such as an electronically or electrically controlled public-service time,

temperature and date sign, message center or reader board, where different copy changes are shown

on the same lamp bank.

(5) Copy area of sign – That actual area of the sign copy applied to any background. Computer copy

area by straight lines drawn closest to copy extremities encompassing individual letters or words.

(6) Electric sign – Any sign containing electrical wiring. The term "electric sign" does not include

signs illuminated by an exterior flood light source.

(7) Fixed signage – Signs which are permanently affixed to the ground or a building surface in

accordance with the Uniform Sign Code.

(8) Flashing sign – Any directly or indirectly illuminated sign on which the artificial light is not

constant in intensity or color at all times when such sign is in use. Automatic changing signs such

as public service time, temperature and date signs or electronically controlled message centers are

classed as "changing signs", not flashing signs.

(9) Freeway – A traffic way in respect to which owners or occupants of abutting property or lands and

other persons have no legal right of access to or from the same, except at such points and in such

manner as may be determined by the public authority having jurisdiction over such traffic way.

(10) Gross area – The entire area within a single continuous perimeter enclosing the extreme

limits of such 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 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 affixed directly to the wall of a building, only the areas of a simple geometric

figure which will encompass the letters is counted as part of the gross sign area.

(11) Height – The vertical distance measured from the adjacent street grade or upper surface of

the nearest street curb other than an elevated roadway, which permits the greatest height to the

highest point of the sign.

(12) Identification sign – A sign which contains advertising but is limited to the name, address

and number of a building, institution or person on the premises.

(13) Illuminated sign – Any sign which emanates light either by means of exposed tubing or

lamps on its surface, or by means of illumination transmitted through the sign faces.

(14) Incidental sign – A sign pertaining to goods, products, services or facilities which are

available on the premises where the sign is located.

(15) Indirectly illuminated sign – A sign illuminated with a light so shielded that no direct rays

from it are visible elsewhere than on the lot where illumination occurs.

(16) Individual letter sign – Any sign made of self-contained letters that are mounted on the

face of a building, top of a parapet, roof edge of a building or on top of/or below a marquee.

(17) Lot frontage – The distance at the property line adjacent to the street, right-of-way, arterial

or collector, serving the property. On corner lots, the lot frontage on the shorter shall not count as

part of this computation. Alley rights-of-way shall not count as part of this computation.

(18) Mansard roof – A roof with two slopes on each of the four sides, the lower steeper than

the upper.

(19) Marquee – A roof-like structure of a permanent nature which projects from the wall of a

building.

(20) Marquee sign – Any sign attached to or constructed in a marquee.

(21) Multi-prism sign – A sign made with a series of triangular vertical sections that turn and

stop, or index, to show more than one message in the same area.

(22) Nameplate – A nonelectric sign identifying only the name and occupation or profession of

the occupant of the premises include more than one occupant, nameplate refers to all names and

occupations or professions as well as the name of the building and directional information.

(23) Nonconforming sign (legal) – Any advertising structure or sign which was lawfully erected

and maintained prior to such time as it came within the purview of the ordinance codified in this

division and any amendments thereto, and which fails to conform to all applicable regulations and

restrictions of this division.

(24) Off-premises sign – A sign which advertises goods, products or services not sold or located

on the property where the sign is located.

(25) On-premises sign – A sign which carries only advertisements strictly incidental to a use of

the premises on which it is located, including signs or sign devices indicating the business

transacted, services rendered, goods sold or produced on the premises, name of the business, name

of the person, firm or corporation occupying the premises.

(26) Political sign – Any temporary sign which supports the candidacy of any candidate for

public office or urges action on any other matter on the ballot of primary, general, or special

elections.

(27) Portable sign - Any sign made of wood, metal or plastic not permanently attached to the

ground or a building, and designed to be capable of being readily moved.

(28) Poster panels (including poster board and painted bulletins) – A structure or framework

attached to a building or the ground for the purpose of posting advertising bills, posters and painted

signs.

(29) Principal identification sign – A primary permanent, on-premises sign designed to identify

or advertise the business or industry to motorists or pedestrians approaching the business.

(30) Projecting sign – Any sign extending more than 18 inches from the face or wall of a

structure to which it is affixed.

(31) Public service information sign – Any sign intended primarily to promote items of general

interest to the community such as time, temperature and date, atmospheric conditions, new, traffic

control, etc.

(32) Pylon sign - A massive gateway or tower advertising the name, address and tenants of a

large integrated shopping center or industrial park.

(33) Real estate sign or property for sale, rent, or lease sign – Any sign pertaining to the sale,

lease or rental of land or building.

(34) Roof sign – A sign erected upon a roof or above a parapet wall of a structure or building

(see also definition of Roof sign, integral).

(35) Roof sign, integral – Any sign erected or constructed as an integral or essentially integral

part of a normal roof structure, and extending vertically above the highest portion of the roof.

(36) Sandwich board sign – A two-sided freestanding portable sign made of two (2) flat surfaces

less than twelve square feet (12 ft

) in size (on each side), hinged at top to permit bottom to be

spread apart for footing.

(37) Scoreboards – Signage used to record or tally scores at an athletic or sporting event.

Scoreboards are allowed off-premises signage for the sponsor of the scoreboard only.

(38) Sign – A name, identification, description, display, or statuary which is affixed to, or

represented directly upon a building, structure, or piece of land, and which directs attention to an

object, product, place, activity, person, institution, organization or business. However, a sign shall

not mean any display of official court or public office notices nor shall it mean the flag, emblem,

or insignia of a nation, political unit, school or religious group. Furthermore, assembly property (on

location no more than ninety (90) days annually per display), in the form of equipment which

delivers no communicative message, other than to draw attention by virtue of its size, motion, or

prominent location upon the property, shall not be considered a sign.

(39) Sign structure – Any structure which supports or is capable of supporting any sign as

devised in this division. A sign structure may be a single pole or may not be an integral part of the

building.

(40) Street – A public or private right-of-way which affords a means of access to abutting

property, whether designated as a street, avenue, highway, road, boulevard, land throughway, or

however otherwise designated, but does not include driveways to buildings.

(41) Temporary sign – A sign, banner pennant, advertising balloon or blimp, poster, or

advertising display constructed of cloth, canvas, light fabric, paper cardboard or other light

material, with or without frames, that is not permanently attached to a building or the ground and

which is intended to be displayed for a limited period of time.

(42) Wall sign – Any sign attached to, erected or painted on the wall of a building or structure,

and which projects not more than eighteen inches (18”) from such wall.

(43) Window sign – Any sign located completely within an enclosed building and visible from

the exterior.

(44) Zoning lot – A parcel of land of sufficient size to meet minimum zoning requirements and

shall consist of a single lot or lots of record under one ownership or control and described as part

of a subdivision or by metes and bounds description.

(45) Zoning of land use – The land use zone as established by the Commission.

Sec. 112-412. Applicability.

This section pertains to and regulates all signs within the county.

Sec. 112-413. Uniform sign code adopted.

The Uniform Sign Code, 1997 edition, as published by the International Conference of Building

Officials, is hereby adopted to supplement the regulations set forth in this county sign ordinance. If any

conflict exists between these regulations and Uniform Sign Code, these 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 county regulations.

Sec. 112-414. Permit.

All persons desiring to erect, construct or paint a new sign exceeding six square feet (6 ft

) in size,

except those exempt, shall make application to and obtain a permit therefore from the office of the planning

and zoning department and shall pay a fee as established by resolution of the Board for such permit at the

time such application is sought, applicant shall furnish the following minimum information to the planning

administrator or his designee:

(1) A scaled drawing of the sign;

(2) Exact dimensions of the proposed sign;

(3) A site plan showing the location and setbacks of the sign support relative to property lines and

any projection of the signage into the rights-of-way or over public ingress/egress travel ways;

(4) Footing and foundation plans that demonstrate stability;

(5) Documentation from the property owner allowing the placement of a sign; and

(6) Such other information as may be required by the planning administrator or his designee for his

determination of compliance with the provisions of this division.

Sec. 112-415. Temporary signs.

Temporary signs as defined in this division shall require a permit and shall be allowed under the

following circumstances.

(1) Applicants will be allowed temporary signs so long such signs are well maintained and are

removed or replaced when they deteriorate, become faded or tear. 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.

(2) Banners shall be permitted temporary signs and shall be maintained in a clean, sightly and

undamaged condition. Banners in excess of eight square feet in size shall be either placed on

walls or attached in accordance with the Uniform Sign Code.

(3) Temporary signs will be restricted to the same cumulative area, size, and spacing and height

requirements as permanent signage within the respective zone.

(4) Temporary political signs or banners may be erected by any person, party, group, or organization

by applicant upon a form provided by the planning and zoning department one (1) permit shall

be sufficient for all temporary political signs erected during any one campaign.

(5) Temporary political signs not exceeding thirty-two square feet (32 ft

) in area, purporting to

advertise candidates or issues, may be erected on private property, with the written consent of

the property owners during the campaign for a period of ninety (90) days prior to the election in

which such candidates or issues are to be voted upon. Such signs shall be removed not later than

the fourth day following such election. Any such signs which have not been removed by the fifth

day following such election shall be removed by the county building inspector or designee. The

sponsoring organization, or, if such cannot be found, the owner of the property upon which the

sign was erected, shall be assessed with the actual cost of removing such sign or with a $10.00

minimum charge, whichever is greater.

Sec. 112-416. Portable signs.

Portable signs, including sandwich, swinger, and reader boards may be utilized subject to the

following regulations:

(1) Portable signs must be removed when the business is closed, except for portable reader boards,

which may be left in place when the business is closed.

(2) A one-time permit must be obtained. Permits for portable reader boards shall expire six (6)

months after placement of the sign or issuance of the permit (whichever date comes first). Only

one permit for a portable reader board will be issued during any one (1) year for a specific

premise.

(3) Square footage shall be computed as part of the allotted signage for the premises.

(4) Locations must be approved as part of the permit process.

(5) No more than one portable sign is allowed per fifty feet (50’) of street frontage.

(6) May be placed adjacent to sidewalk, but not block sidewalk or must not obstruct visibility at

access point.

(7) Must be removed if worn, deteriorated, or damaged.

(8) May not be placed in the public right-of-way.

(9) Must be aesthetically secured so that the sign will not fall over or blow away.

(10) Maximum square footage is limited to eight square feet (8 ft

) on each side, and thirty-two square

feet (32 ft

) on each side for reader boards.

(11) Electrical signs must conform to the Uniform Sign Code and the National Electrical Code.

Electrical cords may not extend across pedestrian walkways or areas where vehicles will drive

over them.

(12) Mobile signs are prohibited, except for signs painted on the surface of vehicles (or magnetically

attached) identifying the business actively using the vehicle for transportation purposes.

Sec. 112-417. Marquee or mansard roof signs.

Marquee and mansard roof signs may be placed on, attached to, or constructed on a marquee or

mansard roof and shall be limited to the size of the surface.

Sec. 112-418. Real estate signs.

Advertising the sale, lease or rental of real property shall be permitted in accordance with the

following:

(1) Real estate signs may be placed within the boundaries of the property being advertised and in

any zone, without a permit. Such signs may be placed for a period of not more than one (1) year

and must be removed within thirty (30) days of the sale, lease or rental of the property.

(2) Real estate signs may not exceed six square feet (6 ft

) in size in all residential zones except as

provided in subsection (6) of this section and not more than thirty-two square feet (32 ft

) in any

other zone.

(3) Real estate signs may not be placed in public right-of-way without a license to use right-of-way

granted by the Board

(4) Real estate signs may not violate the visibility triangle standards enacted by the county or other

governmental entity having jurisdiction.

(5) Real estate signs may not be placed so that view of roadway is obstructed for drivers entering

roads from private drives.

(6) Signs announcing new subdivision sales may be placed within the boundaries of the subdivision,

but may not exceed forty square feet (40 ft

) in size. Permit shall be obtained before erecting

such signs and such signs shall be removed when ninety-five percent (95%) of the lots have been

sold by the developer.

Sec. 112-419. Freestanding signs.

Freestanding signs may not project over the property line, and shall have minimum clearance of twelve

feet (12’) measured from the ground, curb or sidewalk surface to the bottom of the sign. Every sign

projecting over public ingress and egress travel-ways shall have a minimum clearance of fifteen feet (15’),

and shall obtain a conditional use permit.

Sec. 112-420. Mounting.

All signs shall be mounted in accordance with the Uniform Sign Code and in one of the following

manners:

(1) Flat against a building or wall;

(2) Back-to-back in pairs, so that back of sign will be screened from public view;

a. In cluster in an arrangement which will screen the back of the signs from public view; or

b. Otherwise mounted so that the backs of all signs or sign structures showing to public view

shall be painted and maintained a neutral color or a color that blends with surrounding

environment.

Sec. 112-421. Rooftop signs.

Rooftop signs must conform to the following requirements:

(1) The sign area shall be calculated as part of the total allowable sign area for the premises.

(2) The sign may not exceed three feet (3’) in height unless approved by the Commission.

(3) Integral rooftop signs which were approved as part of a building permit on the building shall not

require a separate sign permit.

(4) Temporary rooftop signage requires planning and zoning approval.

(5) Rooftop signs shall require a submittal of an engineer-stamped construction or design drawing

prior to issuance of a permit.

(6) Provisions requiring planning and zoning approval shall be considered conditional use permits

and shall follow that procedure.

Sec. 112-422. Illumination.

No flashing of intermittent red, green or amber illumination shall be located in the line of vision of

approaching vehicular traffic. Where reflecting, radiating, or other illumination is permitted, then:

(1) The light from any illuminated sign shall be so shaded, shielded or directed so that the light

intensity or brightness will be minimized to surrounding areas.

(2) Such illumination shall be direct and the source of light shall not be exposed when located in or

facing a residential district.

Sec. 112-423. Removal of obsolete, unmaintained or abandoned signs.

All signs, including those painted on a building, which no longer serve the purpose for which they

were intended, or are not maintained, or which have been abandoned, shall be removed or restored by the

business or property owner within thirty (30) days after the receipt of a removal or restoration request. If

no such signs are removed or repaired, the county will have the signs removed at the expense of the property

owner.

Sec. 112-424. Location.

All signs shall be located within the property lines of property owned by or licensed or leased to the

applicant. Placement of signs shall conform to visibility regulations adopted by any governmental entity

having jurisdiction.

Sec. 112-425. Off-premises signs.

(a) Off-premises signs will be permitted only along Highway 20 and I-15 only within a commercial,

agriculture, or industrial zones and shall meet requirements of the county and ITD.

(b) The following minimum standards shall apply to all off-premises signs:

and Interstate 15. The point of the sign nearest the highway shall be used to determine the measuring point

between signs.

(d) Off-premises signs may be spaced at six hundred feet (600’) apart from the interchange for one

mile.

(e) The Highway 20 and Interstate 15 corridor is defined as that property within one hundred feet

(100’) of the right-of-way lines of Highway 20 and Interstate 15.

(f) No such sign shall be located within one hundred feet (100’) of any residentially zoned property.

Flashing signs that will cause a hazard are prohibited. The area of these signs shall not be counted as part

of the total gross area of signs allowed for the property upon which they are located.

(g) The review process will require the following submittals be made to the planning department:

(1) Completed sign permit application.

(2) One-fourth (1/4) scale (minimum) drawing depicting elevation view, location on-site, material

specifications, and engineered structural and footing details.

Sec. 112-426. General exemptions; signs permitted without permit.

(a) The provisions of this division shall not apply to a sign located in a display window; or on a door

of a business establishment which announces only the name of the proprietor or business establishment and

the nature of the business; nor to a sign not exceeding six square feet (6 ft

) on a building, or on premises

adjacent to a building in which persons congregate for civic, political, educational, religious, social or

recreational purposes, displaying the name and nature of the occupancy, and information as to the condition

of use, admission or time of services or event; nor to street signs erected by the county.

(b) The following signs shall be permitted within any zone of the county and shall not require a

permit; provided, however, they must comply with setback and sight obstruction regulations:

(1) Construction signs which identify the architects, engineers, contractors and other individuals or

firms with the construction, but not including any advertisement of any product. Two such signs

not to exceed thirty-two square feet (32 ft

) each shall be confined to the premises upon which

construction occurs during the construction period. Such signs shall be removed within sixty

(60) days of the certificate of occupancy.

(2) Street banners advertising a public event may be erected as approved by the planning

administrator or his designee. The banners shall be removed within five (5) days after the

termination of the event.

(3) Parking area signs designating parking area entrances and exits are limited to one sign for each

such exit or entrance and to a maximum size of six square feet (6 ft

) each. One sign per parking

area, designating the conditions or use of identity of such parking area and limited to a maximum

size of twenty-four square feet (24 ft

), shall be permitted. On a corner lot, two such signs, one

facing each street, shall be permitted.

(4) Off-premises and on-premises signs that are placed and removed on the same day and that are

intended to direct traffic or advertise a special event or sale, however, such signs are to be limited

to the following conditions:

a. A maximum of fourteen (14) days per year.

b. The consent of the property owner must be obtained.

c. Signs must comply with or be located outside the visibility triangle.

d. Signs shall be a maximum of twelve square feet (12 ft

) in size.

Sec. 112-427. Tourist trade exception.

(a) Any business or trade transacted upon a property within the county which can establish to the

satisfaction of the Commission the following percentages of their gross revenues are derived from

customers who reside outside of the county, shall be entitled to a tourist trade exception, which shall consist

of factors shown in the following table which will be applied to their otherwise allowed signage. This

exception shall only apply to on premises signage, and shall not allow any greater size of individual signs,

only the cumulative gross total of signage. (i.e., sign size table allows 1,000 ft

; if sixty-five percent (65%)

of revenue is derived from outside of the county tourist trade, 1,500 ft

is allowed.)

Percent of revenue derived from

customers outside of the county

Allowed signage per acre

50% to 60%

1.25

61% to 70%

1.50

71% to 80%

1.75

81% to 100 %

2.00

SIGN SIZE TABLE

This table shall regulate the cumulative total of all signs allowed within the county.

Zone/Land Use

Size

Height

Commercial zones

0 to 8 acres = 200 SF 8 acres and

over = 25 SF per acre. Maximum

size 480 SF per sign. Distance from

property line: Sign area divided by

10 = distance from ROW

Not to exceed 35 LF 0 to 10 ft. from

ROW 10 ft. 10 to 20 ft. from ROW

20 ft. 20 to 40 ft. from ROW 27 ft.

40 and beyond from ROW 35 ft.

Industrial zones

0 to 8 acres = 200 SF 8 acres and

over = 25 SF per acre. Maximum

size 480 SF per sign. Distance from

property line: Sign area divided by

10 = distance from ROW

Not to exceed 35 LF 0 to 10 ft. from

ROW 10 ft. 10 to 20 ft. from ROW

20 ft. 20 to 40 ft. from ROW 27 ft.

40 and beyond from ROW 35 ft.

Agricultural zones

0 to 8 acres = 200 SF 8 acres and

over = 25 SF per acre. Maximum

size 480 SF per sign. Distance from

Not to exceed 35 LF 0 to 10 ft. from

ROW 10 ft. 10 to 20 ft. from ROW

20 ft. 20 to 40 ft. from ROW 27 ft.

property line: Sign area divided by

10 = distance from ROW

40 and beyond from ROW 35 ft.

Residential zones

Allowed only under section 112-418

Non-conforming area

CUP./No greater than the non-

conforming use zone

CUP./No greater than the non-

conforming use zone

Home occupations

home business

Not allowed

LF = Linear feet; SF = Square feet; LtF= Lot frontage; ROW = Right-of-way

Sec. 112-428. Nonconforming signs; removal of signs in violation.

No sign or billboard shall hereafter be altered, rebuilt, enlarged, extended or relocated, except in

conformity with the provisions of this division. The changing or movable parts of signs that are designed

to be changed or the repainting of display matter in conformity herewith and maintenance and repair shall

not be deemed to be alterations within the meaning of this division.

(1) Determination of legal nonconformity. Existing signs which do not conform to specific

provisions of this division may be eligible for the designation "legal nonconforming," provided

that:

a. The planning and zoning administrator or his designee determines that such signs are

properly maintained and do not in any way endanger the public;

b. The sign was issued a valid permit or variance or complied with all applicable laws on the

date of adoption hereof;

(2) Loss of legal nonconforming status. A legal nonconforming sign may lose this designation if:

a. The sign is relocated or replaced;

b. The structure or size of the sign is altered in any way except towards compliance with this

division. This does not refer to change of copy or maintenance and repair;

c. There is a change of use of the property as determined by the planning administrator or his

designee.

(3) Portable or temporary signs. All portable or temporary signs as defined herein, not having a

valid permit prior to the effective date of the ordinance from which this division is derived, shall

be responsible for obtaining a permit within sixty (60) days from the effective date of the

ordinance from which this division is derived.

a. Maintenance and repair of nonconforming signs. The legal nonconforming sign is subject

to all requirements of this division regarding safety, maintenance and repair. However, if

the sign suffers more than seventy-five percent (75%) appraised damage or deterioration,

it must be brought into conformance with this division or removed.

b. Removal and impounding. Signs which are established in violation of this division or which

are left in place after removal was required may be removed by the county and impounded

after seven days' written notice to the property owner. The fees for removal and impounding

shall be set by the Board by resolution. Signs erected within the public right-of-way, or that

may create a potential hazard, may be removed by the county without notice.

Sec. 112-429. Duties of building official.

(a) Enforcement of provisions; entry onto premises. The building official is authorized and directed

to enforce all of the provisions of this Division 3. Upon presentation of proper credentials, the building

official may enter at reasonable times and building or structure or upon any premises to perform any duty

imposed upon him by this Division 3 as follows:

(1) All signs may be inspected or reinspected at the discretion of the building official. The building

official may inspect footings, structural components, and fire resistance for freestanding or

rooftop signs. The building official may enter at reasonable time upon the premises of any person

licensed under the provisions of this section of the division for the purpose of inspecting signs

under construction.

(2) Neither the building official nor the county shall be liable for any damages for failure to enforce

of the provisions of the division.

(b) Removal of signs. If the building official finds that a sign is in violation of this division and that

the sign is in violation of this division and that the sign, by reason of its condition, presents an immediate

hazard to the public, he may, without prior written notice, order its removal or repair within a period of

time he may specify. If, within a reasonable time as determined by the nature of the hazard and the

immediacy of the threatened harm to persons or property, the building official cannot find the person

responsible for the sign, then he may remove or authorize others to remove such sign, or make minimum

repairs that are necessary to bring the sign into compliance and remove the hazard. Any and all costs

incurred to repair or remove the sign, shall be the responsibility of the property owner.

Sec. 112-430. Variances.

Variances to this division shall be heard by the Commission and processed in accordance with

Division 4, Article II of this chapter.

Sec. 112-431. Violation; penalty.

Violations of provisions of this article shall constitute an infraction with a penalty of $100. Each day

such violation continues shall be considered a separate offense. The landowner, tenant, subdivider, builder,

public official or any other person who commits, participates in, assists in or maintains such violation may

be found guilty of a separate offense. Nothing herein contained shall prevent the Board or any other public

official or private citizen from taking such lawful action as is necessary to restrain or prevent any violation

of this division.

Sec. 112-432. Appeal, time limit for filing and decision.

Appeal notice shall be filed within ten (10) days after the decision or order of the planning and zoning

administrator or designee. The Commission shall hear such appeal within thirty (30) days after filing of all

required matters by appellant which shall be filed no later than twenty (20) days from the appeal notice. An

appeal from a decision of the Commission must be filed pursuant to the same time limit.

Sec. 112-433. Commission, appeal limitations.

In determining an appeal, the Commission shall:

(1) Allow only the minimum appeal necessary to meet the hardship or practical difficulties;

(2) Find that the granting of the appeal will not be materially detrimental to the purposes of this

division, be injurious to the characteristics of the premises on which the signs are located or be

otherwise detrimental to the objectives of the county development plans or policies;

(3) Attach such conditions to granting all or a portion of any appeal as necessary to achieve the

purposes of this division;

(4) Give due consideration to whether or not granting all or a portion of the appeal would materially

improve the safety, appearance of the sign, sign location on the building, structure or premises

on which the sign is located.

Sec. 112-434. Stay during appeal exception.

Unless the planning and zoning administrator or his designee finds an immediate and serious danger

to persons or property, the filing of notice of appeal shall stay further action pending appeal and decision

of the Commission or Board upon appeal of the Commission's decision.

Sec. 112-435. Appeal of Commission decision to Board.

(a) Any person aggrieved by a final determination of the Commission under this Division shall have

the right of further appeal to the Board.

(b) An appeal to the Board must be made within fourteen (14) days after receiving written notice of

the decision by the Commission.

(d) Upon accepting an appeal application to the Board, the planning and zoning administrator, or his

designee, will file the appeal with the county clerk for scheduling before the Board.

(e) The Board shall hear all pertinent data and make a binding determination on the parties involved.

Secs. 112-436--112-453. Reserved.

DIVISION 3. MANUFACTURED HOME PARKS

Sec. 112-454. Application process.

(a) Any application for a manufactured home park shall be submitted as a conditional use permit

subject also to the following:

(1) The application shall be made to the administrator in writing. If complete, the administrator shall

certify that the application contains all required information specified in Section 112-455 and

any other county ordinances and regulations. The developer shall be encouraged to develop

detailed designs as described in Section 112-455 in cooperation with the Commission to avoid

undue costs and repeated application.

(2) The administrator shall transmit copies of the completed application to such agencies that have

jurisdiction over, or interest in, the proposed development. Such agencies may include, but shall

not be limited to:

a. Environmental Division of the Idaho Department of Health and Welfare.

b. District Seven Public Health Department.

c. Appropriate utility companies.

d. Superintendent of the affected school district.

e. County road department.

f. Soil conservation district.

The reviewing agencies shall have fourteen (14) days from the date of referral to transmit

comments to the administrator. Within seven days of receipt of recommendations from the

reviewing agencies, the administrator shall certify that the application is complete, and shall

submit a recommendation on the application to the Commission.

(4) Fee. Application for a manufactured home park shall be accompanied by such fees as indicated

in the fee schedule of this division.

(5) Commission action. In determining the acceptability of a proposed development, the

Commission shall consider the objectives of this division, and at least the following:

a. The conformance of the development with the county comprehensive plan.

b. Approved domestic water and sewage disposal to accommodate the proposed

development.

c. Any health, safety, or environmental problems that may be brought to the Commission's

attention.

d. The compatibility of the proposed development with existing uses of adjoining land.

e. The overall design of the development, including the layout of building sites, open spaces,

recreational areas, and circulation system, as well as landscaping and aesthetic

considerations.

f. The ability of the development to provide a healthful and pleasant living environment.

(b) The Commission shall otherwise proceed with a decision as required in Section 112-27(2).

Sec. 112-455. Design standards.

An application for a manufactured home park shall be in writing, signed by the applicant, and shall

contain the following in sufficient detail to determine compliance with the design standards and

requirements of this division, and all other applicable regulations:

(a) The name and address of the applicant, and the name and address of the owner, if not the

applicant;

(b) The interest of the applicant in and the location and legal description of the proposed

manufactured housing development;

(d) A complete plan of the development showing the following:

(1) The area and dimensions of the development site and its relationship to surrounding

properties;

(2) The number, location, and size of all proposed building sites, service buildings, or other

structures, and proposed improvements;

(3) The location of manufactured homes within each building site;

(4) The pattern of roads and driveways, including widths of parking facilities, number of

parking spaces for each unit, and walkways;

(5) The type and location of existing and proposed sewer and water facilities;

(6) The location of existing and proposed service buildings or other structures;

(7) The location of recreation or open space areas to be set aside for use-in-common;

(8) General landscape treatment;

(9) Plans for all buildings and other improvements existing or proposed;

(10) Type of drainage system proposed to handle surface, underground, and runoff waters;

(11) Type and location of fire protection systems to be used;

(12) Contour lines at 20-foot intervals;

(13) Scale and north point of the plan; and

(14) Enlarged plot plan of a typical space showing location of manufactured home, storage

space, parking, utility connecting, and other necessary improvements.

Sec. 112-456. Site standards.

(a) A manufactured home park shall meet the minimum lot size required by this division, but in no

case shall be less than two (2) acres, and shall contain no less than two sites.

(b) No manufactured home park shall exceed a density of twelve (12) units per acre. No structure or

accessory structure shall exceed a maximum height of thirty feet (30’).

connected to a community septic system and community well.

(d) Spaces within a manufactured home park shall contain a minimum of 3,000 square feet with

maximum lot coverage of seventy-five percent (75%). Every manufactured home park shall abut on a

driveway or other clear area with unobstructed access to a county road.

(e) No units within a manufactured home park shall be closer than ten feet (10’) to another unit.

(f) Attached structures shall be considered part of the manufactured home for setback purposes.

(g) All units shall be installed in accordance with the manufacturer's instructions and in accordance

with Idaho Code § 44-2201 et seq.

(h) All manufactured homes located on property abutting a county road shall have a minimum

setback of forty-five feet (45’) from the centerline of said road or in the case of a state highway, shall have

a twentyfoot (20’) setback from the property line.

(i) Two (2) parking spaces shall be provided at each manufactured home space and within a ten foot

(10’) access to any interior road.

(j) A minimum of one parking space per three (3) manufactured home spaces shall be provided for

parking recreational vehicles, boats, trailers, and related items. Recreational vehicles shall not be kept on

individual lots in manufactured home parks except in designated parking spaces which shall contain a six-

foot (6’) high sight-obscuring fence with a lockable gate erected around the perimeter of said parking area.

(k) Internal streets. All internal streets shall provide a dustless surface. A manufactured home park

with more than ten (10) lots shall have streets that are based, graded, and paved with asphalt, concrete, or

approved tar and rock. All streets shall have a minimum width of thirty feet (30’) to accommodate

emergency vehicles and shall be approved by the county road and bridge department.

(l) Street surfaces shall remain free of cracks, holes, and other hazards.

(m) Dead end streets shall be no more than five hundred feet (500’) in length and shall terminate

with an adequate turn around radius of not less than forty feet (40’).

(n) Access to a county road shall meet the requirements of the county road department.

(o) Open areas. A common landscaped area shall be provided in each development consisting of

five percent (5%) of gross land area, but in no case shall be less than 5,000 square feet. The area shall be

exclusive of all building space, street, and buffer areas. Landscaping shall be required in all open areas of

the manufactured home park not otherwise used for park purposes. All required landscaping shall be

maintained by the developer on a continuing annual basis.

(p) Buffering, screening, and windbreaks (surrounding the park) as required by the Commission

shall be a sight obscuring fence, wall, evergreen, or other suitable planting of at least four feet high. Fences

or windbreaks exceeding forty inches (40”) high shall be no closer than three feet (3’) to any home or

accessory structure. Screening shall not be located so as to create a traffic hazard.

(q) All manufactured home parks shall be furnished with lighting units, so spaced and equipped with

luminaries placed as to provide for the safe movement of pedestrians and vehicles at night.

(r) Each lot in a manufactured housing development shall be conspicuously marked with the proper

lot number that will provide identification.

(s) All manufactured home parks shall be connected to a central water and central sewage system.

(t) Sanitary sewage disposal shall meet the requirements of the District Seven Health Department

construction plans and specifications for all systems shall be approved by the District Seven Health

Department prior to approval by the Commission.

(u) Domestic water shall meet the requirements of the District Seven Health Department and

construction plans and specifications shall be approved by the District Seven Health Department prior to

approval by the Commission.

(v) Manufactured homes shall have a compatible pre-finished skirting of moisture resistant,

noncombustible material of fire-retardant wood, which shall extend from the grade of the ground to the

base of the manufactured home. Skirting shall remain in good repair at all times and shall extend around

the entire perimeter without gaps or holes, other than that required for ventilation, which shall be screened.

(w) The developer shall provide for a solid waste collection site.

(x) The tongue of a manufactured home shall not be closer than 13 feet from the centerline of any

internal street

Sec. 112-457. Location of combustible materials.

Liquefied petroleum (LP) gas tanks shall not be located closer to any manufactured home unit than

five feet for tanks of less than 100 gallons, nor ten feet (10’) for tanks of one hundred (100) gallons or more.

If sufficient space is not available to comply with this provision and another source of fuel is available, said

tanks shall be removed within ninety (90) days from the effective date of the ordinance from which this

division is derived, provided that each manufactured home unit may not have more than two (2) factory

installed propane tanks of not more than ten (10) gallon capacity, each notwithstanding the foregoing

provision.

(1) The storage of personal property beneath manufactured home units shall not be permitted under

any bedroom or sleeping quarters and shall be limited to twenty-five percent (25%) of the area

under the manufactured home unit.

(2) The following materials shall not be stored under manufactured homes:

a. Flammable liquid, which includes any liquid having a flash point below one hundred forty

degrees Fahrenheit (140ºF), and having a vapor pressure not exceeding forty pounds per

square inch (40 psi) (absolute) at one hundred degrees Fahrenheit (100ºF).

b. Combustible liquid, which includes any liquid having a flash point at or above one hundred

forty degrees Fahrenheit (140ºF), and below two hundred degrees Fahrenheit (200ºF), and

shall be known as Class III liquids.

c. Compressed gas, which includes any mixture or material having in the container either an

absolute pressure exceeding one hundred four pounds per square inch (104 psi) at one

hundred thirty degrees Fahrenheit (130ºF), or both; or any liquid flammable material

having a vapor pressure, as defined in section 1.424 of the Uniform Fire Code, exceeding

forty pounds per square inch (40 psi) at one hundred degrees Fahrenheit (100ºF).

d. Flammable material, which includes any material that will readily ignite from common

sources of heat; any material that will ignite at a temperature of six hundred degrees

Fahrenheit (600ºF) or less.

e. Combustible waste matter, including magazines; books; trimmings from lawns, trees,

flower gardens; pasteboard boxes; rags; paper; straw; sawdust; packing material; shavings;

boxes; and all rubbish and refuse that will ignite through contact with flames of ordinary

temperatures.

Sec. 112-458. Existing manufactured home parks.

Manufactured home parks in existence as of the effective date hereof, shall be permitted to continue as an

established land use, but shall not be altered so as to deviate below the minimum standards of this chapter.

Any addition to an existing manufactured home park shall meet all the standards required by this chapter.

If an addition or series of additions result in the doubling of the size of an existing manufactured home park,

when such doubling exceeds ten (10) total manufactured homes for the entire park, the entire park shall be

required to meet all standards required by this chapter. The term "addition to an existing manufactured

home park" shall mean the addition of units to an existing park; provided that new spaces created by the

rearrangement of manufactured home units within an existing park for the maintenance or improvement of

vehicle access shall not, so long as the minimum yard requirements of this ordinance are met, be deemed

an addition.

Private drive access presently provided to manufactured home units in existing parks shall not be altered so

as to decrease the vehicular access area presently provided.

Sec. 112-459. Manufactured homes.

1. Manufactured homes existing as of the effective date hereof shall be permitted to continue as an

established dwelling.

2. Allowing new manufactured housing: Manufactured housing units are permitted in the R-1, R-5,

Ag-10, Ag-20, Ag-40, and RR/C zone on individual lots under specific conditions.

a. The home shall be at least twenty-four feet (24’) in width.

b. It shall have a non-glare, wood shake, or asphalt roof with a minimum slope of 3/12 and a

minimum six inch (6”) eaves.

c. The home shall have an exterior siding that is residential in character, including but not limited

to clapboards, simulated clapboard such as conventional vinyl or metal siding, or similar material. The

siding shall not be composed of smooth, ribbed, or corrugated metal or plastic panels.

d. The home shall be placed on a permanent foundation that complies with the county most current

Building Code for residential structures unless approved as a temporary structure with a conditional

use permit.

e. The hitch, axles, and wheels must be removed, and the foundation, and foundation fascia must

be similar in appearance and durability to the masonry foundation of built buildings.

f. Exception to the foregoing may be allowed on a temporary basis if one of the following

conditions are met with the application of a Conditional Use Permit and a building permit:

1. The dwelling is a temporary unit;

2. The dwelling is to provide for a family member; or

3. The dwelling is to provide for the owner’s farm labor on the property in which it is placed.

3. Meeting the conditions. Mobile homes and manufactured homes that meet the conditions

immediately above are also permitted as set forth above in established or approved mobile home

courts and mobile home subdivisions.

Secs. 112-460--112-486. Reserved.

DIVISION 4. CLUSTER DEVELOPMENT REGULATIONS

Sec. 112-487. Purpose.

The purpose of cluster development is to permit a procedure for development which will result in

improved living and working environments; which will promote or encourage a variety of types of

residential dwelling; which will encourage ingenuity and originality in total subdivision and individual site

design; and which can preserve open space to preserve recreational, scenic, agricultural, and public service

purposes, and other purposes related thereto all within the densities established for the clustering. To

achieve these goals:

(1) A variety of lot/parcel sizes may be permitted.

(2) A greater variety of building types in residential, recreational and agricultural zones may be

permitted.

(3) Procedures are established to ensure adequate maintenance and restricted use of open space areas

for the benefit of the inhabitants of subdivisions, for dedication to the public use, for the purpose

of agricultural use, and the preservation of the floodplain and wildlife corridors.

(4) Procedures are established to ensure adequate protection of existing and potential developments

adjoining a proposed planned unit and cluster development.

Sec. 112-488. Cluster development; dwelling types; size.

(a) Residential clustering is permitted to provide for single-family residential dwellings in the

following zones: Ag-10, Ag-20, Ag-40, and RR/C. Clustering shall be limited in the AG-10 zone to a total

of three (3) clustered lots with a remainder lot through administrative review. Clustering shall not be

permitted in R-1 R-5, R-10, C-1, C-2, L-I, and H-I Zones.

(b) Clustering shall only be permitted if the proposed split results in at least one conforming parcel

according to the zoning district. Divisions that do not result in one parcel conforming to the zoning shall

not be permitted.

lot/parcel shall be not less than one (1) acres in size in all zones.

(d) Cluster developments shall be determined by the development rights which is defined as the

number of acres within the parcel of land, divisible by the zoning density designated within the zone.

Acreage shall be divided by zone equal to number of development rights.

(e) Lots within Ag-10, Ag-20, or Ag-40 zones, may qualify for aliquot parceling, if the total lot size

is within three percent (3%) of the zoning designation (eg: a 19.4-acre parcel in an Ag-10 would be eligible

for clustering because the total lot size is within three percent (3%) of twenty (20) acres).

Sec. 112-489. Approval for cluster development.

Cluster development may be constructed in accord with any land division application as listed in

Chapter 110 Subdivisions.

Sec. 112-490. Further Subdivision of Cluster Lots/Parcels. Lots/parcels resulting from a cluster land

division or subdivision may not be further subdivided unless and until the zone changes allowing for a

greater density. However, notes on the final plat as approved by the board may include other restrictions

on future subdivision of the lots. (Ord. 2023-04, 4/10/23)

Secs. 112-490--112-516. Reserved.

DIVISION 5. CONFINED ANIMAL FEEDING OPERATIONS

Sec. 112-517. Purpose.

The purpose of this Division is to establish an orderly procedure to regulate the placement and

construction of confined animal feeding operations (CAFOs) within the county. The county does not have

the resources or authority to enforce state or federal environmental laws. However, it is the intent of the

Board to require all CAFOs operating in the county to obtain and be in compliance with all applicable

federal and state environmental standards, to be sited within agriculture zones and meet certain development

standards. The Board also feels that it is appropriate to take advantage of all resources and assistance

available from other government agencies in making CAFO permit decisions. The provisions of this

Division apply to confined animal feeding operations.

Sec. 112-518. General.

(a) The specific provisions of this Division control when other portions of the county zoning

ordinance are inconsistent with provisions of this Division.

(b) Any action by the county pursuant to this Division does not ensure that the applicant is in

compliance with any other provisions of applicable local, state, and/or federal laws, rules, and/or

regulations.

required by other applicable local, state, and/or federal laws, rules, and/or regulations must be complied

with.

(d) A CAFO, as defined herein, shall not operate in the county without a permit.

Sec. 112-519. Definitions.

The following words, terms and phrases, when used in this Division, shall have the meanings ascribed

to them in this section, except where the context clearly indicates a different meaning

(1) Administrator – The official or that official's designee appointed by the Board to administer

the county zoning and development ordinance.

(2) Affected person – A person or legal entity having an interest in real property that may be

affected by the issuance or denial of a permit.

(3) Animal unit – A measurement unit and is 1,000 pounds per unit.

(4) Animal waste – Animal excrement, feed wastes, process wastewater, or any other waste

associated with the confinement of animals.

(5) Animal waste management system – Any structure or system that provides for the collection,

treatment, storage or utilization of animal waste.

(6) Applicant – Any person initiating an application for any action or provision authorized under

this division.

(7) Application – The document and accompanying information required of a person seeking a

CAFO siting permit.

(8) Building inspector – An official of the county, appointed by the Board to inspect and certify

compliance with building ordinances adopted by the county.

(9) CAFO – Confined animal feeding operation.

(10) CAFO facility area – A contiguous area or parcel of land or the use of a contiguous area

or parcel of land, upon which are confined or fed livestock, fish, or birds in enclosures or

ponds and which does not sustain crops, vegetation, forage growth in the normal growing

season or post-harvest residues, and which consists of:

a) Any combination of animal units as set forth below and defined in the section entitled

Medium Confined Animal Feeding Operation confined for ninety (90) days or more

a year;

b) Any facility with a milk shipping permit; or

c) Any facility with an animal waste management system.

Land application sites are not considered to be part of the CAFO facility area. Areas or parcels

of land are deemed contiguous when separated by county roads. Areas or parcels of land also

are deemed contiguous if they are not adjacent, but are owned or operated by a CAFO operator

and a pipeline exists which is capable of conveying process wastewater to the non-adjacent

land. CAFO facility area only pertains to the area containing CAFO improvements.

(11) CAFO improvements – Improvements to the CAFO real property including, but not limited

to, buildings, barns, feed stalls, feeding yards, corrals, feed containment structures or areas,

the waste management system and truck or motor vehicle parking areas. CAFO improvements

do not include land application sites or the piping or method of conveyance used to convey

process wastewater to the land application area.

(12) CAFO operation permit – Permit required to occupy a new CAFO facility area or the added

portion of an expanded CAFO.

(13) CAFO site advisory team – Team authorized by Idaho Code, § 67-6529C and 67-6529G

consisting of representatives of Idaho state agencies that review a site and information

regarding a proposed CAFO and issues an opinion regarding that site's suitability for a CAFO.

(14) CAFO siting permit – The special use permit required for a person to operate a new or

expanding facility.

(15) Commence or start of construction – Date building permit is issued or notice of agriculture

construction is submitted to the county. Where no building permit or notice is required, the

date work is actually begun.

(16) Commission – Commission of the county appointed by the Board.

(17) Direct glare – The light seen in a lighting fixture as opposed to seeing the light from a

fixture.

(18) Existing or pre-existing CAFO – A CAFO built and in operation and properly registered at

the time of the effective date of the ordinance from which this division is derived.

(19) Expanding CAFO – An existing CAFO that:

a) Cumulatively increases its one-time animal unit capacity by one hundred fifty (150)

or more animal units;

b) Cumulatively increases its one-time animal unit capacity by ten percent (10%) or

more, whichever increase is less; or

c) An existing CAFO that increases the capacity of its animal waste management system.

(20) FSA – Farm Service Agency of the United States Department of Agriculture.

(21) IDAPA – Idaho Administrative Procedures Act (Idaho Code, § 67-5201 et seq.).

(22) IDEQ – Idaho Department of Environmental Quality.

(23) IDWR – Idaho Department of Water Resources.

(24) ISDA – Idaho State Department of Agriculture.

(25) Land application – The spreading on or incorporation of animal waste into the soil mantle

primarily for beneficial purposes.

(26) Large concentrated animal feeding operation (large CAFO) – An AFO that stables or

confines as many or more than the numbers of animals specified in any of the following

categories:

a) 700 mature dairy cows, whether milked or dry;

b) 1,000 veal calves;

c) 1,000 cattle other than mature dairy cows or veal calves. Cattle includes, but is not

limited to, heifers, steers, bulls and cow/calf pairs;

d) 2,500 swine, each weighing fifty-five pounds (55 lbs.) or more;

e) 10,000 swine, each weighing less than fifty-five pounds (55 lbs.);

f) 500 horses;

g) 10,000 sheep or lambs;

h) 55,000 turkeys;

i) 30,000 laying hens or broilers (if the AFO uses of liquid manure handling system);

j) 30,000 ducks (if the AFO uses other than a liquid manure handling system); or

k) 5,000 ducks (if the AFO uses a liquid manure handling system).

(27) Material change criteria – An alteration in the CAFO that meets at least one (1) of the

following:

a) Change in the size and/or location of the animal waste management system.

b) Relocation of CAFO Improvements outside of the CAFO facility area for which they

were approved.

c) Relocation of any CAFO improvement so that it no longer meets a setback required

by this division.

d) Change in type of animal housed.

e) Change to dead animal storage area.

f) Change or relocation of feed storage area.

g) Cumulative increase of the permitted one time animal unit capacity by ten percent

(10%) or one hundred fifty (150) animal units, whichever is less.

(28) Medium concentrated animal feeding operation (medium CAFO) - Any AFO with the type

and number of animals that fall within any of the rages listed below and which has been

defined or designated as a CAFO. An AFO is defined as a medium CAFO if the type and

number of animals that it stables or confines fall within any of the following ranges:

a) 200 to 699 mature dairy cows, whether milked or dry;

b) 300 to 999 veal calves;

c) 300 to 999 cattle other than mature dairy cows or veal calves, cattle includes, but is

not limited to, heifers, steers bulls and cow/calf pairs;

d) 750 to 2,499 swine each weighing 55 pounds or more;

e) 3,000 to 9,999 swine each weighing less than 55 pounds;

f) 150 to 499 horses;

g) 3,000 to 9,999 sheep or lambs;

h) 16,500 to 54,999 turkeys;

i) 9,000 to 29,999 laying hens or broilers, if the AFO uses a liquid manure handling

system;

j) 37,500 to 124,999 chickens (other than laying hens), if the AFO uses other than a

liquid manure handling system; or

k) 1,500 to 4,999 ducks (if the AFO uses a liquid manure handling system); and

And either one of the following conditions are met:

a) Pollutants are discharged into waters of the United States through a manmade ditch,

flushing system, or other similar manmade device; or

b) Pollutants are discharged directly into waters of the United States which originate

outside of and pass over, across, or through the facility or otherwise come into direct

contact with the animal confined in the operation.

(29) New CAFO – A CAFO commenced after the effective date of the ordinance from which

this division is derived, which contains upon it a CAFO facility area.

(30) Nonconforming CAFO – Any pre-existing operation or an operation that met the definition

of a livestock confinement operation, but is not registered prior to 2005 shall become a legal

non-conforming CAFO if it has not been expanded or materially changed. It may not be

expanded or materially improved except as otherwise provided in the zoning ordinance.

(31) NRCS – Natural Resource Conservation Service of the United States Department of

Agriculture.

(32) Nutrient management plan – A plan approved by the director of the Idaho State Department

of Agriculture or his designee for managing the amount, source, placement, form and timing

of the land application of nutrients and soil amendments for plant production and to minimize

potential for environmental degradation, particularly impairment of water quality.

(33) Odor management plan – A site specific plan approved by the responsible government

agency with regulatory authority to manage odor generated on a CAFO.

(34) One-time animal unit capacity – The maximum number of animal units that a CAFO

facility area is capable of housing at any given point in time.

(35) Pest – Insects, rodents and other vermin.

(36) Pest abatement plan – A site-specific plan, if such plan is required by any regulatory

agency with authority over the proposed CAFO.

(37) Process wastewater - Any water on the CAFO facility area that comes into contact with

any manure, litter, bedding, raw, intermediate, or final material or product used in or resulting

from the production of animals and any products directly or indirectly used in the operation

of a CAFO facility area, such as spillage from animal watering systems; washing, cleaning or

flushing pens, barns, manure pits, or spray cooling of animals; and dust control and any

precipitation which comes into contact with animal waste.

(38) Registrant – An owner or operator of an existing CAFO who files a registration notice with

the office of the administrator and provides the information required under this division.

(39) Registration notice – The document and accompanying information that an existing CAFO

shall file with the administrator in order to register the CAFO.

(40) Setbacks – A distance measured from the nearest edge of the CAFO improvements, not the

property boundary.

(41) Small concentrated animal feeding – An AFO that stables or confines less than the

standards of the medium CAFO.

(42) USGS – United States Geologic Survey.

(43) Variance – A modification of the requirements of this division approved through the

process outlined in article II, division 4 of this chapter.

Sec. 112-520. Applicability requirements.

Any and all livestock operations are subject to the following requirements:

(1) A waste distribution plan for all waste from a livestock operation. Discharge of waste from a

property owned or controlled by any livestock operator is prohibited. This applies to any

livestock operation, regardless of size or type. Animal waste products, including sprinkled waste,

shall not leave the property of the operator, unless the operator has agreed with another party to

disperse animal waste products on that person's property. Liquid waste treatment lagoon,

separators and holding ponds and such dispersal shall meet all local, state and federal guidelines.

(2) A nutrient management plan and waste system design for solid and liquid waste approved by the

appropriate state agency regulating solid and liquid waste.

(3) All new operations or the expanding portion of an existing operation shall be required to use

shielded or directional lighting.

(4) Waste storage on property not a part of the CAFO, such as leased or rented property, is required

to follow setbacks stated in Section 112-528.

(5) All new operations are required to have a closure bond, the amount will set by Board.

Sec. 112-521. Pastured animals.

Pastured animals are not considered to be a confined livestock operation and, therefore, they do not

need a permit, nor are they regulated as to the number of animals that an owner can have on his property.

Pasture is defined as land where crops, vegetation, or forage growth are sustained in the normal growing

season. Said use includes winter feeding and calving of cattle.

Sec. 112-522. Operations requiring a permit.

Livestock operations requiring a permit include all operations in the county, which meet the definition

of a confined animal feed operation (CAFO).

(1) Animals have been, are, or will be stabled or confined and fed or maintained for a total of ninety

(90) days or more in any twelve (12) month period, or as adopted by the state; and

(2) Crops, vegetation, or forage growth are not sustained in the normal growing season on the animal

confinement site.

Sec. 112-523. Animal units.

One animal unit is the unit of measure for any CAFO and is defined as 1,000 pounds of livestock. The

weight of any type of livestock is determined by tables of weights typical for that type of livestock. Multiply

the number of animals by the animal equivalency factor to determine animal units.

Sec. 112-524. Zones.

The following may be permitted in agricultural zones as shown in the land use table in Section 112-

595:

Animal Sector

Size Thresholds (number of animals)

Large CAFOs

Medium CAFOs

Small CAFOs

Cattle or cow/calf pairs

1,000 or more

300 – 999

Less than 300

Mature dairy cattle

700 or more

200 – 699

Less than 200

Veal calves

1,000 or more

300 – 999

Less than 300

Swine (weighing over 55 pounds)

2,500 or more

750 – 2,499

Less than 750

Swine (weighing less than 55

pounds)

10,000 or more

3,000 – 9,999

Less than 3,000

Horses

500 or more

150 – 499

Less than 150

Sheep or lambs

10,000 or more

3,000 – 9,999

Less than 3,000

Turkeys

55,000 or more

16,500 – 54,999

Less than 16,500

Laying hens or broilers (liquid

manure handling system's)

30,000 ore more

9,000 – 29,999

Less than 9,000

Chickens or other laying hens (other

than a liquid manure handling

systems)

125,000 or more

37,500 – 124,999

Less than 37,500

Laying hens (other than a liquid

manure handling systems)

82,000 or more

25,000 – 81,999

Less than 25,000

Ducks (other than a liquid manure

handling systems)

30,000 or more

10,000 – 29,999

Less than 10,000

Ducks (liquid manure handling

systems)

5,000 or more

1,500 – 4,999

Less than 1,500

Sec. 112-525. Existing CAFO without a CAFO/AFO permit.

(a) Such CAFOs shall be granted a livestock siting permit without a fee upon filing a completed

livestock siting permit application with the planning and zoning administrator.

(b) Such CAFOs shall file a completed application no later than sixty (60) days after notification by

the planning and zoning administrator of the requirements of subsection (a) of this section.

(Ord. of 4-25-2005, § 3.13.8)

Sec. 112-526. Expansion of an existing CAFO, structures and property.

(a) Expansion of an existing CAFO holding a CAFO or a livestock siting permit will require the

CAFO owner to apply for a new CAFO permit as outlined below. The term "expansion" means, for the

purposes of this division, an increase in animal units.

(b) An expansion of structures only with no increase in animal units of a CAFO with an existing

permit requires a CAFO expansion siting permit for corrals and lagoons. A building permit is required for

all other structures.

will only require the approval of the planning and zoning administrator.

(d) Changes of structure in an existing CAFO, mandated by new federal or state regulations, shall

be permitted, provided there is no erosion of existing setbacks.

Sec. 112-527. Permitted locations.

(a) New CAFOs. New CAFOs shall be allowed only in agricultural zone, and only after compliance

with the provisions of this Division and in conformance with the Land Use Table located in Section 112-

595.

(b) Maximum animal unit density for CAFOs. New facilities shall include any livestock feeding

operation designed, implemented and requested to be placed in existence subsequent to the implementation

of this division.

(1) Cattle.

a. Any confined feeding, raising or breeding of beef cattle, exceeding seven (7) months in any

given fiscal year commencing July 1 and ending June 30 in the succeeding year, shall

require a minimum of one (1) acre for each twenty (20) head of weaned animals to be

placed contiguous and adjacent to the confined facility.

b. Any confined feeding, raising or breeding of dairy cattle, exceeding seven (7) months in

any given fiscal year commencing July 1 and ending June 30 in the succeeding year, shall

require a minimum of one (1) acre for each ten (10) head of weaned animals to be placed

contiguous and adjacent to the confined facility.

c. Sanitation of such confined facility shall be in accordance with the state regulations

governing the same.

(2) Sheep.

a. Any confined feeding of sheep, exceeding seven (7) months in any given fiscal year

commencing July 1 and ending June 30 in the succeeding year, shall require a minimum of

one (1) acre for each one hundred (100) head of weaned animals to be placed contiguous

and adjacent to the confined facility.

b. Sanitation of such confined facility shall be in accordance with the state regulations

governing the same.

(3) Swine. Any confined feeding of swine, exceeding seven (7) months in any given fiscal year

commencing July 1 and ending June 30 in the succeeding year, shall require a minimum of one

(1) acre for each fifty (50) head of weaned animals to be placed contiguous and adjacent to the

confined facility.

(4) Poultry. Any confined feeding of poultry shall require a minimum of one (1) acre for each five

hundred (500) head of animals to be placed contiguous and adjacent to the confined facility.

(5) Other animals. All other animals, not heretofore mentioned, shall be considered on a case-by-

case basis and require appropriate conditions according to the specifics of such confined feeding

operation.

Sec. 112-528. Required setbacks for a new CAFO or expansion of existing CAFO.

CAFO SETBACKS

Public roads

Distance

50 feet

From county rights-of-way

300 feet

From state rights-of-way

Confinement area

1,000 feet

Residents not associated with the CAFO

80 feet

Water's edge of any canal, lateral or ditch, which might

return to the Snake River

80 feet

Live water, lakes, rivers, streams

Property line liquid waste

treatment lagoons,

separators, holding ponds,

waste storage facilities

50 feet

Water's edge

1,000 feet

Residence not associated with the CAFO

300 feet

Wells for potable water

Composting

50 feet

County rights-of-way

1,000 feet

Residence not associated with the CAFO

50 feet

Water's edge

Zoning

1,000 feet

R-1 and R-5 residential

C-1 and C-2

RR/C--R/O

Incorporated municipalities

3 Miles

All cities with the population of 3,000 or more from

the CAFO property line

1 Mile

All cities with the population of 2,999 or less from the

CAFO property line

Setback applied equally

1,000 feet

New construction must be 1,000 feet from existing

CAFO confinement are

Sec. 112-529. Procedure for CAFO and siting permit application.

(a) A CAFO permit application as required in this division shall be filed with the planning and

zoning administrator by the owner of the real property for which the CAFO is proposed.

(b) Application. CAFO permit application forms shall be available at the county planning and

zoning administrator's office. Completed applications for CAFOs will be filed with the administrator. The

administrator shall forward a copy of the application to the department of agriculture siting team. The

CAFO permit application shall include the following items:

(1) The name, complete address and telephone number of the applicants);

(2) The legal description of the real property upon which the CAFO will be constructed and

operated, along with common directions from the nearest intersection within the boundaries of

the county;

(3) A full description of the present use of the property, including the present zoning of the property;

(4) A full written description of the CAFO;

(5) A parcel map of all the property of the proposed livestock confinement operation with the site

location of the animal confinement site outlined on the parcel map. Vicinity map with the CAFO

site location. If available, a detailed sketch of the site location on an aerial photograph with the

following: Private and community domestic water wells, irrigation wells, and existing

monitoring wells, existing injection wells as documented by the IDWR, irrigation canals and

laterals, rivers, designated wetlands, streams, springs, and reservoirs which are within a one (1)

mile radius of the proposed facility;

(6) A complete site plan of the CAFO/AFO animal confinement site, minimum size eighteen inches

(18”) by twenty-four inches (24”). Minimum site plan drawing scale shall be one inch (1”) equals

one hundred feet (100’). The site plan shall include, but not be limited to, location of all

structures, feed storage areas, animal confinement areas, waste storage areas, rock outcroppings,

sink holes, traffic access, area lighting fixtures, adjoining residences within one (1) mile of site

boundaries of the proposed facility and public thoroughfares, and shall also include all setback

measurements;

(7) FEMA flood zones or other appropriate flood data for the facility site and land application sites

owned or leased by the applicant (this may be obtained from the planning and zoning

administrator's office);

(8) A waste system design for solid and/or liquid waste approved by the appropriate state agency

regulating solid and/or liquid waste;

(9) A sketch of how the natural drainage would go around the confinement area and not through it

(an engineered drawing is not required);

(10) A characterization of the proposed facility and any land application site owned or operated by

the applicant that, if available, includes the following information:

a. Annual precipitation as contained in the state waste management guidelines;

b. Soil characteristics from NRCS:

1. Topographical map.

2. Soils map.

3. Soils profile.

c. Hydrogeological factors from IDWR, ISDA or USGS including:

1. Depth to water at nearest wells

2. Direction of ground-water movement and gradient

3. Sources and estimates of recharge.

4. Ground water/surface water relationships;

d. Water quality data from IDEQ, ISDA, IDWR or USGS, including:

1. Microorganisms (bacteria or single-cell).

2. Nutrients.

3. Pharmaceuticals and organic compounds;

(11) Written comment on and approval of the site plans and site assessment by a CAFO site advisory

team is required. Site assessment comments are required from the appropriate state transportation

department, irrigation district, District Seven Health Department, department of agriculture,

department of water resources, and/or other agencies designated by the planning and zoning

administrator; and

(12) A non-refundable fee, in an amount to be determined by resolution of the Board, shall

accompany each application or re-application for a CAFO use permit. Commissioners may

waive or adjust fee at their discretion. This fee is in addition to that mandatory fee required by

Idaho Code § 67-6529(H).

Sec. 112-530. Livestock siting permit application.

The livestock siting permit application shall include the following items:

(1) The name, complete address and telephone number of the applicant.

(2) Legal description of property and common address.

(3) Acres of land, existing use, zoning district, type of CAFO, quantity of animal units and species

of animal.

(4) Full description of the CAFO with a complete CAFO animal confinement site plan.

Sec. 112-531. Livestock structure expansion siting permit application.

(a) The name, complete address and telephone number of the applicant.

(b) Legal description of the property and common address.

(d) A CAFO animal confinement site including the dimension, size, setbacks or alterations and the

location of the existing and new proposed structure on the lot, including all feed storage areas, animal

confinement areas, waste storage areas, water wells, canals, ditches, injection wells, traffic accesses, public

thoroughfares and building heights. A topographical map of the parcel shall be submitted. If a CAFO or

siting permit is on file, then the applicant only needs to up-date the existing file with the new information.

Sec. 112-532. Time limitations.

Once granted, a CAFO permit remains with the property described in the application. If the applicant

fails to begin construction within two (2) years of permit issuance, or fails to have a CAFO occupancy

permit within five (5) years of CAFO permit issuance, with the exception of legitimate legal delay, the

CAFO permit is no longer valid and an application must be resubmitted. If the CAFO remains out of

operation for a period of more than ten (10) years, the CAFO permit is no longer valid and an application

must be resubmitted.

Sec. 112-533. Existing permit transfers.

The holder of the existing permit may transfer a livestock siting permit or CAFO permit to a new

owner or operator upon written notification to the planning and zoning administrator. The administrator

shall place the transfer document in the existing CAFO permit file.

Sec. 112-534. Amending the livestock siting permit and CAFO permit.

If the type of animal or animal species is changed from the existing livestock siting permit or CAFO

permit, then amended permits are required. The procedure for amending the permits includes the following:

(1) Submission of the CAFO permit application regarding the changed use;

(2) Subject to payment of a new CAFO Fee, the siting team is required to visit the site and provide

written comment and approval;

(3) The applicant shall comply with all applicable requirements.

Sec. 112-535. Public notification.

The planning and zoning administrator shall cause a notice of the filing of an application for a CAFO

permit to be published in a newspaper of general circulation in the county and send the notice by mail to

all property owners within one (1) mile of the boundaries of the contiguous property owned by the applicant

of the proposed CAFO pursuant to Idaho Code § 67-6529. The property owner shall be responsible to

forward notice of hearing to all primary residents on the property. The applicant for the CAFO permit, in

addition to the application fee, shall pay all costs of publication and notice.

Sec. 112-536. Public comment.

The application shall be available for public inspection for a minimum period of fifteen (15) days after

publication in the newspaper, including weekends and holidays, during regular business hours, at the

planning and zoning administrator's office. Any primary resident, in accordance with Idaho Code, § 67-

6529, may submit written comments and/or objections to the administrator within fifteen (15) days after

publication of the notice in the newspaper. The administrator shall evaluate the written comments and

submit those comments to be part of the record for the hearing before the Commission.

Sec. 112-537. Permit decision.

One (1) public hearing shall be heard before the Commission. A permit to construct shall be issued or

denied by the Board

Sec. 112-539. Amendments during construction.

New CAFOs shall be constructed according to the site plans submitted to the planning and zoning

administrator. The administrator may approve amendments submitted by the applicant during the

construction process to the site plan as long as the amended changes and/or material changes do not change

the setback requirements in the county zoning ordinance, or conditions lessening the requirements of the

approved application. Any proposed change to increase to a large or medium CAFO shall be submitted by

application and shall be subject to the fee and a hearing as set forth above.

Sec. 112-540. Occupancy permit.

The occupancy permit shall be issued and operation of the CAFO may commence upon receipt by the

planning and zoning administrator of all the following:

(1) Approval by the Board where required;

(2) Certification by the applicant that the CAFO has been constructed according to the site plans

submitted to the planning and zoning administrator, including any changes to those plans that

were approved by the administrator.

(3) A final approval letter from the appropriate state agency certifying that the waste system as

constructed is approved.

(4) A letter or other certification from the Idaho Department of Water Resources that the applicant

has water rights sufficient to operate the facility with the number of animal units permitted under

the CAFO permit.

(5) A letter of approval for nutrient management plan from appropriate agency, if required.

Sec. 112-541. Operation.

CAFOs shall be operated in accordance with the CAFO permit submitted and approved in the

application.

Sec. 112-542. Violation.

(a) Any CAFO owner who has not filed a CAFO permit or livestock siting permit with the planning

and zoning administrator within 60 days of written notification from the administrator that this is required

shall be in violation of the county zoning ordinance. The owner may not continue operation and must apply

for a CAFO permit.

(b) Failure of the owner of an existing CAFO to make application for a livestock siting permit or

CAFO permit as required by this division shall constitute a violation of the county zoning ordinance and

the owner may not continue operation of the CAFO without a CAFO or siting permit obtained in accordance

with this division.

(Ord. of 4-25-2005, § 3.13.24)

Secs. 112-543--112-581. Reserved.

DIVISION 6. COMMUNICATION TOWERS

Sec. 112-582. Standards.

(a) Communication towers shall be conditionally permitted in the below listed zones and shall

conform to regulations set forth by the Federal Communications Commission and/or any other

regulatory agency. Towers shall be setback 300’ from all residential property lines.

(b) Amateur Antennas. An amateur antenna as defined by Idaho Code § 55-2903, to include dipoles,

used by a federally licensed amateur radio operator is allowed in any zone in the County with a

building permit and does not require a conditional use permit, provided the highest point of the

tower and anything mounted on it is no higher than seventy (70’) above the ground, measured

from grade, and provided all applicable FCC regulations are met. Towers shall follow setbacks

from applicable zones. (Ord. AM01-22, June 6, 2022)

Secs. 112-583--112-594. Reserved.

ARTICLE V. TABLE OF USES

Sec. 112-595. Land use table.

Symbol

Meaning

Permitted

Conditionally Permitted

Administratively Permitted

Blank

Not Permitted

Uses

-20

-40

R-1

SD*

C-

L-

H-

RR/C

R/O

Accessory Dwelling

Units

Uses

-20

-40

R-1

SD*

C-

L-

H-

RR/C

R/O

Accessory buildings

Agricultural uses

Airfields/airports/landi

ng strips

Amateur Radio Tower

(shorter than or equal to

70’ including antenna)

Amateur Radio Tower

(taller than 70’ including

antenna)

Amusement parks

Animal hospitals/

/veterinarian services

Apartments

Athletic fields

Auction Establishment

Auto sales and services

Auto service stations

Automobile Impounds

Bakeries

Bar/Lounge/Night Club

Batching Plant

Barbershops/beauty

parlors

Billboards

Bottling and packaging

of products without

processing or

manufacturing on

premises

Bowling alley

Brewery, Distillery,

Winery

Broadcasting tower

Professional offices

and studios

Uses

-20

-40

R-1

SD*

C-

L-

H-

RR/C

R/O

CAFO (large)

CAFO (medium)

CAFO (small)

Campgrounds

Cargo containers

Carports

Cemeteries or

mausoleums

Child or day care

centers

Churches and religious

temples

Civic centers/ event

centers

Clinics

Clubs or lodges

Clubs and lodges

which are non-profit

and/or fraternal in

nature

College/university

Commercial fresh

vegetable/fruit stands

temporary or seasonal

Commercial

greenhouses and

garden shop

Commercial signage

Commercial stands

(temporary)

Communication

station/ cell towers

Condominiums

Construction trades

Country clubs

Crematory (human/pet)

Uses

-20

-40

R-1

SD*

C-

L-

H-

RR/C

R/O

Cultural centers,

museums and art

Dance hall

Duplex

Elementary or

secondary schools

Extraction of

sand/gravel or other

minerals

Farm building directly

related to agricultural

uses

Farm labor housing

Financial institutions

and offices

Food processing

Forestry

Freight or trucking

yards or terminals

Fuel Storage

(Propane/Bulk Fuel)

General farming

Golf courses

Gov't or public

buildings

Grain elevators/storage

bins/feed mills

Commercial

greenhouses and

gardens or areas for the

raising of agricultural

crops

Grocery or

convenience stores

(25,000 square feet or

larger)

Uses

-20

-40

R-1

SD*

C-

L-

H-

RR/C

R/O

Grocery or

convenience stores

(25,000 square feet or

smaller)

Home business

Home occupation

Hospital

Hotels and motels

Jail

Kennels (Commercial)

Kennels (Hobby)

Laundry

Livestock

Lodging

Manufactured home

parks

Manufactured Home

(Double Wide)

Manufactured Home

(Single Wide)

Manufacturing

Manufacturing non

consumable products

Meat market/ processor

Medical and dental

clinics and offices

Mortuaries

Multi-Family Dwelling

Municipal sewer

treatment facilities

Museums

Oil or natural gas

drilling operations

Outdoor advertising

signs

Uses

-20

-40

R-1

SD*

C-

L-

H-

RR/C

R/O

Outdoor sales lots

Outdoor storage

Parks and playgrounds

Pet shop

Potato warehouses

Private garages

Private schools

Private swimming

pools

Private tennis courts

Public buildings and

offices

Public fairgrounds

and/or publicly owned

rodeo arenas

Public Libraries

Public stables

Public swimming pools

Public utilities

Recreational Vehicle

(RV) park

Radio, TV, FM stations

Ranching

Recreational buildings

Recreational or play

areas

Recycling center

Residential care facility

Restaurants and cafés

Retail stores (10,000

square feet or larger)

Retail stores (10,000

square feet or smaller)

Salvage yards

Uses

-20

-40

R-1

SD*

C-

L-

H-

RR/C

R/O

Sawmill

Schools

Sexually-oriented

business

Single-family

dwellings

Shopping center/strip

malls

Short-Term Rental

Sport or shooting

ranges

Storage bldgs. and

units

Storage warehouse

without processing or

manufacturing facilities

Structures related to the

operation of municipal,

county, state or federal

government operations

Tannery

Tavern and lounges

Temporary

construction work

buildings

Temporary dwellings

(1 year)

Themed

attraction/events

Theaters and indoor

entertainment

Tiny house

Trailer sales/ rentals/

storage

Commercial truck and

tractor repair/storage

Uses

-20

-40

R-1

SD*

C-

L-

H-

RR/C

R/O

Utilities i.e., sub

stations

Wholesale display and

salesroom

Wholesale facilities

without processing or

manufacturing on

premises

Small wind energy

systems (tower height

equals 100 feet or less)

Large wind energy

systems (tower height

equals more than 100

feet)

Zero lot lines (on sides)

*R-1 Subdivisions

Sec. 112-596. Filing Fees.

(g) By resolution, the Board shall establish an official fee schedule for land use applications and

permits governed under Chapters 102 through 112.

(h) Whenever an application, review or public hearing is required, the person or persons requesting

the hearing or review shall pay the fee established in the official fee schedule.

(i) All fees collected shall be nonrefundable unless an application is withdrawn prior to the Planning,

Zoning & Building Department's determination that the application is complete, in which case one-

half (1/2) of the fee will be refunded.

(j) Until all required fees, charges and expenses have been paid in full, no action shall be taken on any

application or appeal. No permit or action shall become effective until all fees have been paid.

(k) The Board may waive all or part of any fees for political subdivisions or public agencies.

(l) A copy of the official fee schedule shall be maintained by the Planning, Zoning and Building

Department and shall be available for public inspection during normal business hours. (Ord 2022-

10; Sept. 6, 22)

PASSED BY THE BOARD OF COUNTY COMMISSIONERS on this the 6

day of September, 2022,

IN WITNESS WHEREOF, I have hereunto set my hand and affix the seal of said Jefferson County.

SCOTT HANCOCK, Chairman

COLLEEN POOLE, County Clerk

Attest