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TITLE 7 LAND DEVELOPMENT AND USE

CHAPTER 3 DISTRICT REGULATIONS

SECTION 7-3-7 SUPPLEMENTARY REGULATIONS

   
  (A)          Applicability: The regulations in this Chapter qualify or supplement the regulations appearing elsewhere in this Ordinance.
   
  (B)           Yard Space for One Main  Building: No two main buildings may claim the same, or portions of the same, lot area or required yard for the purposes of compliance with this Ordinance.
   
  (C)          Sale of Lots Below Minimum Requirements: A parcel of land which has less than the minimum lot area requirements for the zone in which it is located shall not be sold, leased, or developed as a building site unless in accordance with subsections 7-3-9(H) and 8-2-6(F).
   
  (D)          Accessory Buildings:
  (1)   Any accessory building located in front of or directly to the side of the main building shall not be placed in the required front or side setback.
  (2)   Any accessory building located behind or directly to the side of the main building shall be placed at least fifteen feet (15') away from the main building.
  (3)   If an accessory building is located behind the main building, in the side or rear setbacks, they shall be placed in such a manner so that their drip-lines will be kept on their own property.
   
  (E)           Access to Public Street Required: All main buildings shall be served by a public street. Any lot or parcel of land upon which a main building is erected shall abut upon a public street. The street line of each lot or parcel to the public street shall have a minimum width of twenty-five feet (25').
   
  (F)           Home Occupations: Home occupations are secondary to the use of the lot as a residence. Home occupations shall be conducted entirely within a dwelling or accessory building and shall not occupy more than the equivalent of twenty-five percent (25%) of the floor area of the residence. There shall be no exterior storage of equipment, vehicles, or supplies associated with the home occupation. On-site advertising for the home occupation shall be limited to one (1) nonilluminated sign four (4) square feet or less in area.
   
  (G)          Home Based Businesses (Conditional Use Permit Required):  Home Based Businesses are secondary to the use of the lot as a residence and are allowed only upon the issuance of a Conditional Use Permit.  Home Based Businesses shall be conducted entirely within a dwelling or accessory building and shall not occupy more than the equivalent of twenty-five percent (25%) of the floor area of the residence.  There shall be no exterior storage of equipment in front yard setbacks. Vehicles or supplies associated with the Home Based Business shall be located only in rear yard.  On-site advertising for the home occupation shall be limited to one (1) non-illuminated sign four (4) square feet or less in area. Conditions  for  approval  may  include  mitigation  of  potential  impacts  such  as buffering above that required for the Zone, additional parking, access, noise mitigation, hours of operation, and traffic mitigation.
   
  (H)          Parking Regulations:
  (1)   Off-Street Parking and Loading Space Required: Off-street and loading spaces conforming to the provisions of this Ordinance shall be provided when a building is constructed, erected or enlarged or when the use of the building or structure is changed and such change creates a twenty percent (20%) increase in parking required under this Ordinance.
   
  (2)   Joint Use of Parking Facilities: The joint use of off-street parking facilities is permitted if the applicant demonstrates that there is no substantial conflict in the operating hours of the uses which will share parking facilities. The parties concerned must submit a written agreement for joint use which is approved by the City Attorney and recorded in the County Recorder's Office.
  (3)   Loading Areas: Each commercial and industrial use requiring service vehicles for deliveries or shipments shall have an off-street loading space with access to a public street. The size of the space shall be large enough to accommodate all service vehicles. No service vehicle shall extend into the public street when using the loading space.
  (4)   Parking Lot Design: Parking provided shall conform to the following standards:
  a.   Each parking space shall be at least nine feet (9') in width and eighteen feet (18') in length.
   
  b.   All aisle design for two-way circulation and for ninety degree parking shall be at least twenty-two feet (22') in width. Aisle for one-way circulation shall be the following widths:
          DEGREE OF PARKING       MINIMUM AISLE WIDTH  
        30       13'  
        45      15'  
        60      18'  
 
   
   
   
  c.   No parking area shall be designed to require the use of the public street to travel from one portion of the lot to another. Except for single family uses, parking shall not be designed to create a situation in which vehicles back onto Menan-Lorenzo Highway, State Route 48, Butte Road, or Idaho Street.
   
  d.   All parking areas shall be surfaced with gravel at a minimum.
   
  e.   For residential uses, required parking shall not be permitted in the required front-yard setback excepting for two allowed spaces in the driveway. Such setbacks shall be dedicated to landscaping and driveways.
   
  f.    All lighting for parking areas shall use full cut off lighting and be shielded and directed from adjacent properties.
  (5)   Required Parking for Land Uses: The minimum number of parking spaces to be provided under this Ordinance shall be as follows:
   
          LAND USE      NUMBER OF REQUIRED   PARKING SPACES  
        Single Family   dwelling, including mobile and manufactured homes      2 spaces per   dwelling  
        Two family   dwellings      2 spaces per   dwelling  
        Apartments, row   houses      2 spaces per   dwelling  
        Grocery Stores      4 spaces per 1,000   square feet of building  
        Convenience   stores, retail sales, automotive service and repair      3 spaces per   1,000 square feet of building  
        Restaurants and   taverns      15 spaces per   1,000 square feet of building  
        Personal services,   business, financial, and professional offices, veterinary clinics      3 spaces per   1,000 square feet of building  
        Craft,   manufacturing, processing and warehouse uses      1 space for each   employee on largest shift  
        Churches and   community buildings      1 space for each   four seats in chapel or sanctuary  
        Day care centers      1 space for each   twelve children  
        Schools      1.3 per   classroom   
        Uses not   included above      To be determined   by Planning Commission  
 
   
  (I)            Wells for Domestic Use: To reduce potential for contamination of drinking supplies, it is recommended the following minimum distances be maintained between water contamination sources:
   
          CONTAMINATION   SOURCE       MINIMUM DISTANCE  
        Sewer Line       50 Feet   (50')  
        Livestock       50 Feet   (50')  
        Barnyards and   related operations       100 Feet   (100')  
        Field drain,   seepage bed, etc.       100 feet   (100')  
        Canals, streams,   ditches, lakes, and ponds       50 feet   (50')  
 
  SOURCE: Idaho Department of Health, Idaho Guidelines for Non-Public Water Systems and District Seven Manual for Transient Non-Community Public Water Systems, 1987.
   
  (J)            Regulations for Conditional Uses:
  (1)   Supplementary Regulations for Conditional Uses: The following are the regulations for conditional uses under the districts of this Ordinance. These regulations are in addition to the general standards found in this chapter.
  (2)   Apartment and Rowhouses: Apartments and rowhouses shall meet the following standards:
   
  a.   The maximum density shall be eight (8) dwellings per acre
   
  b.   All parking areas shall be buffered from adjoining single family residences by buildings or landscaping.
  c.   At least twenty feet (20') shall be maintained between buildings.
   
  d.   The setback and lot coverage requirements of the Village District will be applicable to apartments and rowhouses.
   
  e.   The Council may require that a community water system be provided to serve the multi-family dwellings.
   
  f.    The sewage collection system shall meet the standards of the City of Menan.
  (3)   Mobile Home and Manufactured Home Parks: All parks shall conform to the following standards: 
   
  a.   Each home space shall contain a minimum of 7,000 square feet. The maximum density shall be six (6) dwellings per acre.
   
  b.   The minimum space width shall be sixty feet (60').
  c.   The front wall of the home shall be no closer than twenty-five feet (25') to internal streets.
   
  d.   The rear yard of the home shall be twenty-five feet (25').
   
  e.   The side yard shall be a minimum of fifteen feet (15'). No home shall be closer than thirty feet (30') to any other home.
   
  f.    No home shall be closer than forty feet (40') to a rear or side exterior property line of the park.
   
  g.   Two parking spaces shall be provided per home space. Parking and driveway access shall be designed and maintained so as not  to interfere with drainage swales.
   
  h.   The park shall have an entrance drive from a public street. Each mobile home space shall be directly accessible from an internal private street with no direct access to public streets. The internal streets shall be paved and shall be at least eighteen feet (18') in width and designed to accommodate fire protection vehicles and equipment. Two entrances may be required to assure access for emergency vehicles.
   
  i.    A landscaped buffer shall be developed and maintained along each exterior property line of the park. The buffer shall be at least ten feet (10') in width and shall include trees planted at forty foot intervals and an understory of shrubs unless the trees are evergreens.
   
  j.    The water system provided to serve the park shall be meet the standards of the Idaho Division of Environmental Quality (DEQ) and the Eastern Idaho Public Health District for a community water system.
   
  k.   The sewage collection system provided to serve the park shall meet the standards of the City of Menan.
   
  (4)   Commercial Uses: The following standards apply to commercial uses:
   
  a.   All commercial uses except Home Occupations and Home Based Businesses shall be located in a Commercial Zone and are subject to the Commercial Design Standards found in TITLE 8CHAPTER 6 of this code.
   
  b.   Hours of operation may be limited under the conditional use permit to reduce disturbance to residential neighbors. If the hours of operation are limited, the business shall not be open to the public between the hours of 11:00 p.m. and 6:00 a.m.
   
  c.   All businesses with drive-in facilities shall have ingress and egress to State Route 48 or the Menan-Lorenzo Highway (Main Street). The drive-in facilities shall be designed to insure that all automobiles waiting to be served shall be in queue on the premises.
   
  d.   The location of the buildings on the lot should buffer adjacent residential uses. If residential properties are located to the rear of the commercial property, the buildings should be located to the rear to buffer the neighbors from parking and traffic. If the residential properties are located across a local street, the buildings should be located in the front of the property and parking and loading to the rear
  (5)   Industrial Uses: The following standards apply to industrial uses:
  a.   Agricultural processing and storage and warehouses shall be adjacent to the railroad or another industrial use and located in the Light Industrial Zone.
   
  b.   The location of the buildings on the lot should buffer adjacent residential uses. If residential properties are located to the rear of the industrial property, the buildings should be located to the rear to buffer the neighbors from parking and traffic. If the residential properties are located across a local street, the buildings should be located in the front of the property and parking and loading to the rear.
  (6)   Mobile Home or Manufactured Home as Temporary Use: A mobile or manufactured home may be placed temporarily upon a lot for a period of up to one (1) year while a permanent structure is being built. The occupant of the home shall make reasonable and continual progress on the permanent structure within that year. When the permanent structure is completed and the Certificate of Occupancy has been issued under this Ordinance, the mobile or manufactured home shall be removed within thirty (30) days.
   
  (K)          Wind Turbine Regulations
  (1)   Purpose: This chapter establishes the definitions and standards which allow wind turbines. The intent of this chapter is to regulate wind driven energy producing devices only. A wind turbine constitutes an auxiliary use in any zoning district (see land use schedule).
  (2)   Definitions: As used in this chapter, the following terms shall have the meanings set forth below:
   
  BLADES: The member of the rotor that converts wind energy into rotational energy.
   
  WIND TURBINE: Any wind energy conversion system, sometimes known as a windmill. This includes horizontal and vertical axis windmills.
  (3)   Standards for Wind Turbines: 
   
  a.   Towers: Towers shall be non-guyed monopoles.
   
  b.   Setback: The minimum setback from property lines, inhabited structures, utility lines, and road rights of way shall not be less than the maximum height of any point of the wind turbine. Abutting property owners may grant easements reducing this setback distance from their property lines.
   
  c.   Sound Level: Sound at the property lines must not exceed forty five (45) decibels (dB) under normal operating conditions.
   
  d.   Blade-Ground Clearance: At least twenty feet (20') must exist between the ground and any blade.
   
  e.   Insurance: All applicants for wind turbines must show proof of applicable liability insurance before a permit is issued. No additional insurance shall be required.
   
  f.    Safety: All wind turbines must have an automatic braking, governing, or feathering system to prevent uncontrolled rotation during high winds.
   
  g.   Power Lines: All power transmission lines from the wind turbine shall be underground.
   
  h.   Emergency Shutoff: Shutoff procedures shall be posted conspicuously and permanently within three feet (3') of the electrical panels.
   
  i.    Minimum Parcel Size: No minimum parcel size is designated. Sound level and setback requirements govern the lot size for wind turbines.
   
  j.    Engineered Drawings: Applications shall be accompanied by standard installation engineering drawings of the wind turbine, as supplied by the manufacturer and/or installer. All wind turbines must meet the local and the national electrical code and relevant building codes.
   
  k.   Site Plan: Applications shall be accompanied by a site plan including boundaries, setbacks and other relevant information.
   
  l.    Homemade Systems: Engineering analysis (see subsection J of this section) must be stamped by a registered professional engineer. This engineering analysis must demonstrate that the wind turbine has an adequate margin of safety and meets the relevant building codes.
   
  m.  Utility Notification: No wind turbine shall be installed until evidence is presented that the utility company has been informed of the customer's intent to install an interconnected customer owned generator. Off grid wind turbines shall be exempt from this requirement.
   
  n.   Abandonment: If any wind turbine is out of operation for six (6) consecutive months, the city shall notify the owner by certified mail, to restore their system to operation or dismantle it within six (6) months of receiving the notice after which the city may have the wind turbine removed. The landowner is financially responsible if the owner/operator fails to reclaim the site as required, and any removal and reclamation costs incurred by the city will become a lien on the property.
   
  o.   Access Safety: Any climbing apparatus within twelve feet (12') of the ground shall be removed to prevent unauthorized climbing.
   
  p.   Electromagnetic Interference: No wind turbine shall be installed that will cause interference of an electromagnetic signal.
   
  q.   Advertising: No advertisement shall be allowed on or near any turbine equipment except the name of the manufacturer on a nonelectric sign not exceeding six (6) square feet.
   
  r.    Color: Wind turbines shall be a nonreflective, nonobtrusive color, such as gray or off white.
   
  s.    Lighting: Except as required by the FAA, wind turbines shall not be artificially lighted.
  (4)   Application: A conditional use permit is required. The application for a wind turbine will include all the requirements of this chapter. An application is considered complete when all required information is submitted and fees are receipted.