-3-71: Storage Facility, Self-Service

A. Storage areas shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item from or at a self-service storage facility is specifically prohibited.

B. The distance between structures shall be designed to allow a twelve foot (12') travel lane for emergency vehicles to pass while tenant's vehicles are parallel parked (9 foot width) at the entrance to their storage areas.

C. The perimeter of the storage facility shall be completely fenced, walled, or enclosed and screened from public view. Fencing materials shall complement the exterior building materials.

D. No structure, facility, drive lane, parking area, nor loading area shall be located within twenty feet (20') of a residential area unless a six foot (6') sound reduction wall is provided.

E. If abutting a residential area, the facility hours of public operation shall be limited to seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M.

F. Storage of any hazardous materials as defined by Ttitle 40 Ccode of Ffederal Rregulations, Ppart 261, or subsequent amendments thereto, shall be prohibited.

5-3-72: Tower or Antenna Structure, Commercial:

A. Applicability:

1. The following regulations shall apply to tower structures and associated equipment for the purpose of commercial radio, television, telephone, paging, or satellite reception and/or transmission.

2. A facility that meets the following standard shall be reviewed as an accessory use. Any other facility shall be reviewed as a conditional use.

a. Collocation of new antenna and/or equipment for an approved tower structure, commercial shall be deemed an accessory use and shall require a building permit prior to installation.

B. General Standards For Commercial Tower Structures And Associated Equipment:

1. Radio Frequency Emissions: The facility shall comply with FCC standards regarding radio frequency (RF) emissions.

2. Approval Required: The facility shall have approval from the Federal Aviation Administration and the chief of the Idaho Bureau of Aeronautics prior to operation.

3. Permits Required: The applicant or owner shall be required to obtain all necessary permits, as may be required under federal, state or local statutes, regulations, or ordinances including, but not limited to, building permits.

4. Maintenance Of Facility: The facility shall be maintained in compliance with all federal, state, and local regulations and the construction standards set forth in this Section.

5. Public Nuisance Prohibited: The owners of the facility shall have a continuous obligation to ensure the maintenance and upkeep and to prevent the creation of a public nuisance.

6. Outdoor Storage Areas: The proposed facility shall meet the standards for outdoor storage areas in Section 5-3-53 of this chapter.

7. Conditional Use Approval: For any facility requiring conditional use approval, the director shall notify all property owners within a minimum of one thousand feet (1,000') of any property boundary (or lease boundary lines, if applicable) of the proposed site.

8. Removal: The tower and associated facilities shall be removed within sixty (60) days of cessation of use.

9. Tower Construction, Setback, And Fall Zone Standards:

a. The tower shall be constructed to the Telecommunications Industry Association/Electronic Industries Association (TIA/EIA) 222 revision F standard entitled "Structural Standards For Steel Antenna Supporting Structures", or as hereinafter may be amended.

b. Towers over twenty feet (20') in height must be designed to allow for future arrangements of antennas upon the tower. Such towers must also be designed to accept antennas mounted at varying heights.

c. If the tower does not exceed the height limitations pursuant to this ordinance, the tower shall meet the setback requirements of the district. If the tower exceeds the height limitation, the tower shall meet the setback requirements or it shall be set back one foot (1') for every ten feet (10') of total tower height from all property lines, whichever is greater.

d. In addition to the setback requirement noted in the preceding paragraph, a fall zone for each tower shall be delineated and permanently restricted from future development, as follows:

(i) The fall zone shall consist of the land area centered beneath the tower and circumscribed by a circle with a radius equal to a length of one foot (1') for every ten feet (10') of tower height.

(ii) If the fall zone does not lie completely within the subject property, the applicant must obtain a nonevocable easement from all owners of property within the fall zone that prohibits the construction or placement of new structures within the fall zone, except as may be specifically permitted through the conditional use process. If an easement is utilized, a copy of the fully executed easement agreement shall be submitted as part of the application.

e. Towers shall be architecturally and visually compatible with the existing structures, vegetation, and/or uses in the area or likely to exist in the area under the terms of the comprehensive plan. The decision making body shall consider, but shall not be limited to, the following factors: similar height, color, bulk, and/or shape, or camouflage techniques to disguise the facility. This shall not preclude towers requiring FAA painting and/or marking from meeting those standards.

C. Application Requirements: The application materials shall include the following written documentation:

1. Suitability Analysis Of The Proposed Site: The analysis shall include, but is not limited to, the following:

a. Description of the surrounding area within one mile of the subject site including topography;

b. Propagation charts showing existing and proposed transmission coverage at the subject site and within an area large enough to provide an understanding of why the facility needs to be placed at the chosen location.

2. Signed Lease Agreement: If applicable, relevant portions of a signed lease agreement that requires the applicant to remove the tower and/or associated facilities upon cessation of use.

D. Additional Application Requirements For Facilities That Require A Conditional Use Approval:

1. Engineering data showing that the tower is designed structurally, electrically, and in all other respects to accommodate both the applicant's equipment and comparable equipment for a minimum of one additional user if the tower is over twenty feet (20') in height. If the tower is over one hundred ten feet (110') in height, it shall be designed structurally, electrically, and in all other respects to accommodate both the applicant's equipment and comparable equipment for a minimum of two (2) additional users.

2. A report from a qualified and licensed professional engineer that describes the facility height and design (including a cross Section and elevation); documents the height above grade for the recommended mounting position for colocated antennas and the minimum separation distances between antennas; describes the facility's capacity; and any other information necessary to evaluate the request. The report must include the engineer's stamp and registration number.

3. A letter of intent committing the facility owner and successors to allow the shared use of the facility, as required by this title, if additional users agree in writing to meet reasonable terms and conditions for shared use.

4. Written analysis demonstrating that the facility cannot be accommodated on an existing or approved tower within:

a. A two (2) mile radius for towers with a height over one hundred ten feet (110');

b. A one mile radius for towers with a height over eighty feet (80'), but not more than one hundred ten feet (110');

c. A one-half (¹/₂) mile radius for towers with a height over fifty feet (50'), but not more than eighty feet (80'); or

d. A one-fourth (¹/₄) mile radius for towers with a height of fifty feet (50') or less.

5. It shall be the burden of the applicant to demonstrate that the proposed facility cannot be accommodated on an approved tower or structure within the required search radius due to one or more of the following reasons:

a. Unwillingness of a property owner, or tower or facility owner to entertain shared use.

b. The planned equipment would exceed the structural capacity of the existing tower or structure, as documented by a qualified and licensed professional engineer, and the existing tower or facility structure cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.

c. The planned equipment would cause radio interference with material impacting the usability of other existing or planned equipment at the tower or structure, and the interference cannot be prevented at a reasonable cost as documented by a qualified and licensed professional engineer or other professional qualified to provide necessary documentation.

d. Existing or approved towers or other structures within the search radius cannot accommodate the planned equipment at a height necessary to be commercially functional as documented by a qualified and licensed professional engineer or other professional qualified to provide necessary documentation.

e. The proposed collocation with an existing tower or structure would be in violation of a local, state, or federal law.

f. Any other unforeseen reasons that make it unfeasible to collocate upon an existing or approved tower or structure as documented by a qualified and licensed professional engineer, or other professional qualified to provide necessary documentation.

5-3-73: Tower or Antenna Structure, Private:

A. Applicability: The following regulations shall apply to tower structures for the purpose of private radio, television, or satellite reception and antennas for amateur radio. Towers shall not be subject to the accessory structures regulations of Section 5-3-1 of this chapter.

B. General Standards:

1. The tower or antenna structure is only for private, not commercial, use.

2. The tower or antenna structure is accessory to a permitted or approved use.

3. If the tower structure is less than six feet (6') in height and/or does not exceed the height limit pursuant to this ordinance, it shall not require administrative approval.

4. Any tower over six feet (6') in height shall not be located in the front yard or in any required yard.

5. The applicant shall provide verification of compliance with the regulations and requirements of the following agencies, as applicable:

a. Federal Aviation Administration.

b. Idaho Transportation Department (Bureau of Aeronautics).

6. An amateur radio tower for a licensed amateur radio operator that exceeds the height limit for structures shall require accessory use approval by the Administrator. The applicant must be a licensed amateur radio operator. Any other tower that exceeds the height limit for structures in the applicable base district shall require conditional use approval.

C. Tower Construction Standards:

1. Within proximity to the Garden Valley and Idaho City Airports, the height limit on the tower shall be as required by the code of federal regulations 14 CFR 77.

2. If the tower does not exceed the height limitations, the tower shall meet the setback requirements of the district.

3. If the tower exceeds the height limitation, the following standards shall apply:

a. The tower shall meet the setback requirements of the district or it shall be set back one foot (1') for every ten feet (10') of total tower height from all property lines, whichever is greater.

b. The applicant shall submit a report from a qualified and licensed professional engineer and installed in accord with the manufacturer's specifications that describes the facility height and design (including a cross Section and elevation). The report must include the engineer's stamp and registration number.

c. The applicant shall provide a copy of the notice of construction filed with the Federal Aviation Administration (FAA).

d. A fall zone for each tower shall be delineated and permanently restricted from future development, as follows:

(i) The fall zone shall consist of the land area centered beneath the tower and circumscribed by a circle with a radius equal to a length of one foot (1') for every ten feet (10') of tower height.

(ii) If the fall zone does not lie completely within the subject property, the applicant must obtain a nonrevocable easement from all owners of property within the fall zone that prohibits the construction or placement of new structures within the fall zone, except as may be specifically permitted through the conditional use process. If an easement is utilized, a copy of the fully executed easement agreement shall be submitted as part of the application.

4. Towers not requiring FAA painting and/or marking shall have either a galvanized finish or shall be painted a noncontrasting blue, gray, or black finish. Alternative colors or finish materials may be approved by the Administrator.

A. Screening:

1. Outdoor storage and outdoor activity areas shall comply with Section 5-3-52 of this chapter. The fence or wall and screening materials shall be a minimum of ten feet (10') in height.

2. No portion of the vehicle impound yard outdoor storage areas and/or outdoor activity areas may be visible from any "highway", "principal arterial", or "minor arterial".

3. All materials or parts shall be stored and located within the fenced or walled area. No vehicles or materials shall be stored so they exceed the height of the fence or wall.

B. Site Related Standards:

1. All structures or outdoor activity areas shall be located a minimum of three hundred feet (300') from any property line. The use shall be located a minimum of one thousand feet (1,000') from any residential area district.

2. No person shall establish, operate, or maintain a vehicle impound yard, any portion of which is within one thousand feet (1,000') of the nearest edge of the right of way and visible from any "highway", "principal arterial", or "minor arterial" as herein defined.

3. The use shall comply with the flood hazard overlay district as set forth in Chapter 3, Article C of this ordinance.

5-3-75: Winery:

A. Standards For Wineries:

1. The winery shall comply with all applicable state, federal, and local regulations.

2. The property shall have access and frontage on a public road.

3. A tasting room is only allowed on property when part of a winery.

4. Retail sales may be permitted for items associated with the winery.

5A-1 Purpose

5A-2 Applicability

5A-3 Minimum Standards

5A-4 General Provisions

5A-5 Impact Report

5A-6 Conditions of Permit

5A-7 Required Standard Conditions of Approval

5A-8 Required Findings

5A-9 Time Limitation for Construction

5A-10 Multiple Use on One Parcel

5A-11 Violations

Every use that requires a conditional use permit is declared to possess characteristics such as to require review and appraisal by the Commission to determine whether or not the use would cause any damage, hazard, nuisance or other detriment to persons, property, or natural resources in the vicinity. It is the responsibility of the applicant to present plans to implement a conditional use in a way which will not harm existing or potential use of nearby lands or place additional demands on public services.

A. The regulations of this chapter shall apply to any use that requires conditional use approval as noted in Chapter 2, Article A.

B. Any modification or expansion of a previously approved conditional use shall require a new conditional use approval.

C. A conditional use permit is granted to the subject property and shall remain valid upon change of ownership with all attached conditions. Conditional use permits are not transferable from one parcel to another. If an allowed conditional use permit is abandoned for more than 12-months it shall expire. Any attempts to resume operation without a current conditional use permit is a violation of the ordinance. The subsequent property owner or operator must provide evidence of proper licensing to the Administrator.

An approved conditional use permit shall at least meet the minimum bulk standards, such as, but not limited to, setback requirements, lot size and building height (Table 2-C). Exceptions to those requirements must be sought through the variance procedure.

A. An impact report shall be required for all proposed Conditional Uses.

1. 
   When a conditional use permit application is submitted in conjunction with a planned unit development application identify traffic volume, character, and patterns including adequacy of existing or proposed street width, surfacing, alignment, gradient, and traffic control features or devices, and maintenance. Contrast existing with the changes the proposal will bring during construction and after completion, build-out, or full occupancy of the proposed development. Include pedestrian, bicycle, auto, and truck traffic.
   
2. 
   Provision for the mitigation of impacts on housing affordability.
   
3. 
   Noise and vibration levels that exist and compare to those that will be added during construction, normal activities, and special activities. Include indoor and outdoor, day and night variations.
   
4. 
   Heat and glare that exist and that might be introduced from all possible sources such as autos in parking areas, outdoor lights, water or glass surfaces, buildings or outdoor activities.
   
5. 
   Particulate emissions to the air including smoke, dust, chemicals, gasses or fumes, etc. both existing and what may be added by the proposed uses.
   
6. 
   Water demand, discharge, supply source, and disposal method for potable uses, domestic uses, and fire protection. Identify existing surface water drainage, wet lands, flood prone areas and potential changes. Identify existing ground water and surface water quality and potential changes due to this proposal.
   
7. 
   Fire, explosion, and other hazards existing and proposed. Identify how activities on neighboring property may affect the proposed use.
   
8. 
   Removal of existing vegetation or effects thereon including disturbance of wet lands, general stability of soils, slopes, and embankments and the potential for sedimentation of disturbed soils.
   
9. 
   Include practices that will be used to stabilize soils and restore or replace vegetation.
   
10. 
    Soil characteristics and potential problems in regard to slope stability, embankments, building foundation, utility and road construction. Include suitability for supporting proposed landscaping.
    
11. 
    Site grading or improvements including cuts and fills, drainage courses and impoundments, sound and sight buffers, landscaping, fencing, utilities, and open areas.
    
12. 
    Visibility from public roads, adjoining property, and buildings. Include what will be done to reduce visibility of all parts of the proposal but especially cuts and fills and buildings. Include the effect of shadows from new features on neighboring property.
    
13. 
    Reasons for selecting the particular location including topographic, geographic and similar features, historic, adjoining land ownership or use, access to public lands, recreation, utilities, streets, etc., in order to illustrate compatibility with and opportunities presented by existing land uses or character.
    
14. 
    Approximation of increased revenue from change in property tax assessment, new jobs available to local residents, and increased local expenditures.
    
15. 
    Approximation of costs for additional public services, facilities, and other economic impacts.
    
16. 
    State how the proposed development will impact existing developments providing the same or similar products or services.
    
17. 
    State what natural resources or materials are available at or near the site that will be used in a process to produce a product and the impacts resulting from the depletion of the resource. Describe the process in detail and describe the impacts of each part.
    
18. 
    What will be the impacts of a project abandoned at partial completion?
    
19. 
    Number of residential dwelling units, other buildings and building sites, and square footage or gross non residential floor space to be available.
    
20. 
    Stages of development in geographic terms and proposed construction time schedule.
    
21. 
    Anticipated range of sale, lease or rental prices for dwelling units, building or other site, or non residential floor space in order to insure compatibility with adjacent land use and development.
    

Conditional uses may be permitted only after proper application, review, approval and conformance to the conditions of approval. Conditional uses are listed in Table 2-A.

In recommending approval of any conditional use permit, the Commission may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance or the comprehensive plan. Conditions may include, but shall not be limited to, specific requirements that:

A. Minimize adverse impacts on other development.

B. Control the sequence and timing of development.

C. Control the duration of development.

D Assure that development is maintained properly.

E. Designate the exact location and nature of development.

F. Require the provisions for on-site public facilities or services.

G. Require more restrictive standards than those generally required in this Ordinance.

H. Require mitigation of effects of the proposed development upon service delivery by any political subdivision; including school districts providing services within the planning jurisdiction.

I. Require financial guarantees.
5A-7 Required Standard Conditions of Approval:

1. 
   The property must be in compliance (or brought into) compliance with all applicable Idaho State Statutes and Boise County Ordinances prior to commencement of approved conditional use activity. All permits must be secured prior to commencement of work subject to permit approval;
   

C. Property taxes must be current;

D. Applicant must provide proof of legal access and proof of the authority to alter/improve the access to accommodate fire and ambulance services must be provided prior to commencement of work;

E. Fire Department vehicular access shall meet the standards as set forth in the Boise County Road Standard Ordinance;

F. The Applicant will provide necessary information to Central District Health in order to obtain their comment. Further, Applicant will comply with any required conditions imposed by Central District Health Department;

G. Where applicable the Applicant shall identify the days and hours of operation of CUP activity;

8. 
   Building construction shall meet the requirements of the Idaho Building Code Act, Idaho Code Title 39, Chapter 41;
   
9. 
   Applicant shall prepare and present to the county its emergency services (specifically, but not limited to, fire and ambulance services) action plan;
   
10. 
    The conditional use shall be valid for a period not to exceed twenty four (24) months from the date of approval by the Boise County Planning and Zoning Commission. Within this period, the holder of the permit must:
    

1. 
   Commence the use permitted by the permits in accordance with the conditions of approval.
   

8. 
   Prior to the expiration of the conditional use permit, the Planning and Zoning Director may, upon written request by the holder, grant a one-year extension. A maximum of three (3) extensions may be granted. Denial of an extension is appealable to the Board of Boise County Commissioners;
   

12. 
    Prior to granting a request for extension, the P&Z Department shall review the conditional use to determine Applicant’s compliance with these Conditions of Approval. If, after investigation by the P&Z Department, it is determined that the Applicant is non-compliant, a review before the Boise County Planning and Zoning Commission shall be scheduled for public hearing and with public notice. The hearing shall be for the purpose of modifying, amending or revoking approval of Applicant’s Conditional Use Permit;
    
13. 
    CUP approval does not include approval of any signage (other than as provided in Condition #7). A separate Sign Permit will be required from the Boise County P&Z Department prior to installation of sign(s);
    
14. 
    The Applicant shall comply with any and all applicable requirements of the U.S. Army Corps of Engineers;
    
15. 
    No change in the terms and conditions of this approval shall be valid unless in writing and signed by the applicant or his authorized representative, and an authorized representative of Boise County. The burden shall be upon the applicant to obtain the written confirmation of any change and not upon Boise County;
    
16. 
    Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the County of its intent to change the planned use of the property described herein unless a variance in said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought;
    
17. 
    Notwithstanding building permit or specifically stated time-frames, all development authorized by this conditional use approval must be completed within 5 years (60 months) from the date of the Board’s approval, unless extension is denied, in which case development must be completed within the time granted by the initial approval or most recent extension; and
    
18. 
    Failure to abide by any condition of this Conditional Use Permit shall be grounds for revocation by the Boise County Planning and Zoning Commission.