8-2C LAND USE PROVISIONS

This article provides specific standards for certain allowed uses, including permitted and conditional uses, as set forth within the applicable base zoning districts. (Ord. 898-08, 9-8-2008)

8-2C-2: ACCESSORY USE:

A. Limitations:

1. An accessory use shall not be permitted if the use is otherwise not permitted in the zoning district, or obtaining required approvals for the use.

2. Accessory uses shall not be permitted in any zoning district without a legal principle use.

3. An accessory structure shall not be used for sleeping quarters, unless specifically designed as an approved accessory dwelling unit or through approval of a conditional use permit. (Ord. 944-12, 5-14-2012; amd. Ord. 967-14, 6-9-2014; Ord. 975-15, 4-27-2015)

8-2C-3: AGRICULTURE:

A. Setbacks:

1. Buildings or confinement areas (not perimeter fencing), for animals and poultry shall not be closer than forty feet (40') from any existing residential structure not on the property, and not less than twenty feet (20') from the property lines, whichever is greater. (Ord. 898-08, 9-8-2008)

2. The feeding or sheltering of animals or poultry in penned enclosures shall not be within one hundred feet (100') of any adjacent residential structure. (Ord. 905-09, 3-23-2009)

B. Site Layout: Animals and poultry shall be maintained within fences, buildings, or confined feeding/watering areas. (Ord. 898-08, 9-8-2008)

C. Limitations:

1. The overall animal density shall not exceed the following: two (2) horses; or two (2) cows; or two (2) hogs; or four (4) llamas; or four (4) lambs; or four (4) sheep or four (4) goats; or twelve (12) chickens per acre or an equivalent animal density as approved by the planning official.

2. Roosters are not permitted.

3. A structure for the sheltering of the animals must be provided.

4. Minimum open space must be provided for the husbandry of the animals as follows: twenty one thousand seven hundred eighty (21,780) square feet per horse or cow; ten thousand eight hundred ninety (10,890) square feet per llama or hog; one hundred thirty (130) square feet for the first sheep or goat plus an additional forty (40) square feet per additional sheep or goat; twenty five (25) square feet for the first chicken plus twelve (12) square feet per additional chicken.

5. Husbandry of bees shall adhere to the following provisions:

a. Maximum Density: The maximum density of beehives and colonies is three (3) colonies per one-fourth (1/4) acre. Higher densities may be permitted by conditional use permit.

b. Nucleus Colony: For every two (2) colonies one nucleus colony is allowed.

c. Removable Frames: Colonies shall be kept in hives with removable frames.

d. Flyway Barriers: For colonies located within twenty five feet (25') of a property boundary, a flyway barrier at least six feet (6') in height consisting of a solid wall, fence or dense hedge parallel to the property line and extending ten feet (10') beyond the apiary in each direction is required.

e. Setbacks And Placement: Hives shall be located at least twenty feet (20') from front property lines and three feet (3') from other property lines. The back of the hive shall be oriented to adjoining properties.

f. Water Source: A constant supply of fresh water is required. It shall be readily accessible to the bees and allow them to access water by landing on a hard surface. A water supply is not required during winter and other inactive months.

g. Maintenance: Hives not being actively maintained shall be removed. Colonies must be maintained so as to not interfere with the quiet enjoyment of surrounding properties.

h. Queens: Where a colony exhibits unusually aggressive characteristics the colony shall be destroyed or requeened.

i. Compliance With State Statutes: Beekeeping shall comply with all applicable state laws.

D. Site Maintenance:

1. Site Cleanup: The site shall be returned to a clean condition after the termination of the growing and packing season, including being free of debris and garbage.

2. Disposal Of Unsold Products: Unsold food products, trees, greens, or debris generated by the use shall be properly disposed of off site.

3. Parking Surfaces: All surfaces used for parking on the site shall be constructed with paving, vegetative cover or of dustless material.

4. Manure: Manure shall not be allowed to accumulate so as to create odor.

5. Pesticides And Herbicides: Use of pesticides and herbicides shall be approved by the Garden City environmental division.

6. Mechanical Equipment: The use of mechanical equipment is limited from sunrise to sunset.

7. Contact Information: Contact information for a responsible party shall be clearly visible on site.

E. Accessory Uses: Accessory uses for packing, treating, selling and storing produce shall be secondary to that of normal agricultural activities.

1. The pick up and delivery of produce for the purpose of distribution to gardeners or those who have purchased shares of produce is allowed during daylight hours.

2. Sales shall be limited primarily to produce grown on the premises. Other items that have been grown or raised in Ada County, Idaho, may also be sold. Items not grown or produced in Ada County, Idaho, may not exceed twenty five percent (25%) of total product for sale. (Ord. 944-12, 5-14-2012)

F. Additional Standards For Riding Stables And Schools:

1. All stables or loafing sheds shall be located a minimum of one hundred feet (100') from any residential structure not on the property.

2. All facilities, including stables, riding rings and horse trailer parking shall be located with full consideration to their proximity to adjacent uses and their noise and odor impacts upon adjacent and surrounding properties. (Ord. 898-08, 9-8-2008)

8-2C-4: AMUSEMENT CENTER:

A. Other Regulations Apply: A use that is a pool, billiard or card room shall comply with the licensing requirements as set forth in title 3, "Business And License Regulations", of this code. (Ord. 898-08, 9-8-2008)

8-2C-5: ANIMAL CARE FACILITY:

A. Site Layout: A minimum distance of three hundred feet (300') shall be required to be maintained from the facility to any residence or lodging not on the property; the facility shall be entirely enclosed, heated, soundproofed, and air conditioned.

B. Site Maintenance:

1. Adequate shelter shall be required for the animals to be kept, including adequate means of restraining animals from running at large.

2. The property shall be maintained with adequate housekeeping practices designed to prevent the creation of a nuisance and to reduce to a minimum the factors of noise and odor.

C. Accessory uses, grooming and boarding of animals are allowed.

D. Other Regulations Apply:

1. The operator shall have a continuing obligation to comply with all city, county and state regulations relative to such an operation.

2. The use shall comply with the licensing requirements as set forth in title 3, Business And License Regulations, of this code.

3. There shall be staff available at all times there are animals at the facility. If staff is not on site, a telephone number where a staff member can be reached and available to the site within thirty (30) minutes must be clearly and legibly posted from the exterior of the building at the front entrance to the establishment. (Ord. 898-08, 9-8-2008; amd. Ord. 967-14, 6-9-2014)

8-2C-5-1: ARTIST STUDIO:

A. Standards:

1. The artist or artists who are endeavoring in production, sale or instruction of the creative pursuit reside in a dwelling on site; or

2. The art and/or creative process being conducted on the site are visible to the public, on sale at the site, or the site is open to the public. (Ord. 975-15, 4-27-2015)

8-2C-6: BED AND BREAKFAST:

A. Limitations:

1. The bed and breakfast shall be limited to a maximum of five (5) guestrooms.

2. Service shall be limited to the rental of bedrooms or suites, and meal/beverage service shall be provided for registered guests only.

3. A bed and breakfast within a residential zoning district shall not be used for private parties, receptions, or similar activities, unless the activities are specifically authorized by the conditional use permit approval for the bed and breakfast use.

B. Site Maintenance: A manager shall be present on the site at all times. (Ord. 898-08, 9-8-2008)

8-2C-7: BUILDING MATERIAL, GARDEN EQUIPMENT AND SUPPLIES:

A. Limitations:

1. It shall be unlawful for any person to maintain any lumberyard or stacks of lumber or to stack lumber in the city in such a manner as to create a fire hazard or a nuisance or in such a manner as to endanger the life or well being of any persons.

2. All lumberyards or stacks of lumber shall be so maintained as to minimize the possibility of fire spreading from such yards to any nearby buildings or improvements.

3. All lumberyards and stacks of lumber shall be enclosed by a building or fence so that persons other than those having business interests in connection therewith shall not have access thereto unless permitted to have such access by the person in charge of such lumberyard or stacked lumber.

B. Other Regulations Apply: Outdoor storage areas for materials (excluding growing plants in ground or in containers), and mechanical equipment shall comply with the provisions as set forth in section 8-1C-3, "Property Maintenance Standards," of this title. (Ord. 898-08, 9-8-2008; amd. Ord. 967-14, 6-9-2014)

8-2C-8: CHURCH OR PLACE OF RELIGIOUS WORSHIP:

A. Setbacks: In the residential zoning districts, the interior side setback shall be a minimum of fifteen feet (15') and the rear setback shall be a minimum of twenty five feet (25'). The front setback shall be the same as that required for an allowed use.

B. Accessory Uses:

1. Schools, child daycare services, meeting facilities for clubs and organizations, and other similar uses not operated primarily for the purpose of religious instruction, worship, government of the church, or the fellowship of its congregation may be permitted to the extent the use is otherwise permitted in the district.

2. Accessory uses associated with a church or place of religious worship located in a residential district may only operate between the hours of six o’clock (6:00) A.M. and eight o’clock (8:00) P.M. (Ord. 898-08, 9-8-2008)

8-2C-9: CLUB:

A. Setbacks: No outdoor activity area associated with the use shall be located within fifty feet (50') of any property line adjacent to a residential zone.

B. Accessory Uses: The sale and/or distribution of beer and wine shall be allowed as an accessory use.

C. Other Regulations Apply: The use shall comply with all Idaho Code regulations regarding the sale, manufacturing, or distribution of alcoholic beverages. (Ord. 898-08, 9-8-2008)

8-2C-10: COMMERCIAL ENTERTAINMENT FACILITIES:

A. Setbacks: If the use involves the sale of alcoholic beverages, the use shall not be located within three hundred feet (300') of a property used for a church or school.

B. Limitations: No outside activity or event shall be allowed in the parking area, except as allowed through a special events permit that takes into account the public health and welfare, the interests of adjoining property owners, noise, traffic and vehicular and pedestrian safety.

C. Other Regulations Apply:

1. The use shall comply with all Idaho Code regulations regarding the sale, manufacturing, or distribution of alcoholic beverages.

2. The use shall comply with the licensing requirements as set forth in title 3, "Business And License Regulations", of this code.

3. Security shall be provided for the entire premises including inside the building and any parking lot or outside usable space. Security shall be provided in the prescribed manner:

a. Security personnel are required and shall wear identical attire clearly identifiable with the word "Security" on the backside of shirts; and

b. Security staff should have some means of two-way communication; and

c. Video surveillance is required; and

d. Parking areas shall be lighted; and

e. No loitering outside of the establishment shall be permitted. (Ord. 944-12, 5-14-2012)

8-2C-11: DAYCARE FACILITY:

A. Determining The Type Of Facility: In determining the type of daycare facility, the total number of individuals cared for during the day and not the number of individuals at the facility at one time, is the determining factor. The operator’s children are excluded from the number.

B. Access And Parking: On site vehicle pick up, parking and turnaround areas shall be provided to ensure safe discharge and pick up of clients.

C. Limitations: In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between six o’clock (6:00) A.M. to eight o’clock (8:00) P.M.

D. Additional Standards For Daycare Facilities That Serve Children:

1. All outdoor play areas shall be completely enclosed by a minimum six foot (6') fence to secure against exit/entry by small children and to screen abutting properties.

2. Outdoor play equipment over six feet (6') high, shall not be located in a front yard setback or within any required setback.

3. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk.

4. The use shall comply with the licensing requirements as set forth in title 3, "Business And License Regulations", of this code. (Ord. 898-08, 9-8-2008)

8-2C-12: DRINKING ESTABLISHMENT:

A. Setbacks: The drinking establishment shall not be located within three hundred feet (300') of a property used for a church or school.

B. Limitations:

1. No outside activity or event shall be allowed in the parking area, except as allowed through a special events permit that takes into account the public health and welfare, the interests of adjoining property owners, noise, traffic and vehicular and pedestrian safety.

2. No amplification device shall be used such that the sound is plainly audible within any place of residence, or, is plainly audible on a street at a distance of one hundred feet (100') or more from the amplification device.

3. Establishments shall remain closed between two o’clock (2:00) A.M. and six o’clock (6:00) A.M. Closing times shall be clearly posted on all entrances and exits. (Ord. 944-12, 5-14-2012)

C. Other Regulations Apply:

1. The use shall comply with all Idaho Code regulations regarding the sale, manufacturing, or distribution of alcoholic beverages.

2. The use shall comply with the licensing requirements as set forth in title 3, "Business And License Regulations", of this code. (Ord. 898-08, 9-8-2008)

3. Security shall be provided for the entire premises including inside the building and any parking lot or outside usable space. Security shall be provided in the prescribed manner:

a. Security personnel are required and shall wear identical attire clearly identifiable with the word "Security" on the backside of shirts; and

b. Security staff should have some means of two-way communication; and

c. Video surveillance is required; and

d. Door security alarms shall be installed so as to prevent patrons from entering and exiting the building from doorways other than the main entrance; and

e. Parking areas shall be lighted; and

f. Mandatory identification checks of all individuals patronizing the establishment shall be conducted and no one under the legal age to drink alcohol shall be allowed to patronize the establishment; and

g. No loitering outside of the establishment shall be permitted. (Ord. 944-12, 5-14-2012)

8-2C-13: DRIVE-THROUGH ESTABLISHMENT:

A. Location Standards:

1. A drive-through establishment may be appropriate on Chinden, Glenwood or State Street, which are arterial roadways that carry high volumes of pass-through traffic; however, the use is not appropriate on local or collector streets.

2. A drive-through establishment use shall not be closer than five hundred feet (500') from a residence, residential zone, park, or a school unless separated by an arterial roadway; and:

a. The speaker system is located so that the sound from a speaker system is directed away from a residence, residential zone, park, or school and not audible off the site; and

b. Stacking does not create an impact off site; and

c. Vibration, noise, odors, etc., are not allowed off site; and

d. The use does not create a negative impact to an existing or planned pedestrian corridor; and

e. The use does not hinder the implementation of Garden City adopted plans or policies.

3. A drive-through establishment shall not be closer than five hundred feet (500'), as measured by the shortest unobstructed driving route from another drive-through establishment, except where access to the drive-through is provided by internal circulation within a commercial site and would not create an additional curb cut to the arterial roadway.

B. Building Design and Site Layout:

1. All establishments providing drive-through service shall identify the stacking lane, menu and speaker location (if applicable), and window location on the conditional use permit application.

2. New drive-through windows and drive aisles shall be oriented toward the side or rear yards and not placed between the street right-of-way and the primary customer entrance.

3. Vehicle lanes shall be sited to minimize vehicle congestion, blockage, or rerouting on site and within the surrounding uses.

4. A drive-through establishment within a commercial center shall take access from a principal drive aisle within the commercial center. The drive-through shall be designed to minimize additional vehicle traffic congestion, blockage, rerouting, or pedestrian disruption within the commercial center and on properties adjacent to the commercial center.

5. Service shall be provided to those who elect to walk or bike.

a. Service shall be available in an area that is protected from the weather and separate from vehicle stacking lanes.

6. Adequate trash receptacles shall be provided that comply with the requirements set forth in section 8-4A-5, Outdoor Service And Equipment Areas, of this title.

7. All site and vehicular lane lighting shall be down-shielded, screened or oriented to prevent spillage of light on any residence, residential zone, or public roadway.

8. Stacking lanes shall be screened from view of the public right-of-way, patios and pedestrian use areas with landscaping or a combination of plantings, structures, berming, or art to a minimum height of four feet (4’) where not in conflict with a necessary clear vision triangle.

9. Any changes to the site design of an existing drive-through that adjoins a residence or residential zone shall require that a minimum six-foot (6’) high solid wall or fence, or plantings, structures, berming, or art to a minimum height of four feet (4’) where not in conflict with a necessary clear vision triangle, shall be provided along any property line that adjoins a residence or residential zone.

10. Any changes to the site design of an existing drive-through that adjoins a residence or residential zone shall require that any portion of the drive-through lane adjacent to a residence or residential zone be set back at least ten feet (10’) from the residence or residential zone. The setback area shall be landscaped.

11. Design review consultant(s) recommendation to the planning official, and an approval by the planning official of the building design and site layout is required prior to a planning and zoning commission public hearing.

C. Access and Parking: Safe pedestrian and vehicle access and circulation on the site and between adjacent properties shall be demonstrated as follows:

1. A bike rack shall be provided.

2. Access for the pedestrian customer shall be provided facing the public right-of-way.

3. Direct, comfortable, and safe pedestrian connection from the public sidewalk system and the parking area to the structure shall be provided through sidewalks or pathways that are:

a. A minimum of five feet (5') in width; and

b. Americans with Disabilities Act compliant; and

c. Uninterrupted by motorized vehicles. If there is no other feasible alternative, the vehicular crossing of the pedestrian path or sidewalk shall be designed in a way to visibly delineate and protect the pedestrian network. This may be achieved by raising the pedestrian path or sidewalk, changes in materials, colors, landscaping, or other such treatments. Signage alerting drivers to the pedestrian crossing shall be installed.

4. Based on the size of the drive-through and expected patronage, stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-way.

5. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking.

6. Any stacking lane greater than one hundred feet (100') in length shall provide an escape lane.

7. The design and construction of the drive-through facilities shall minimize the number of driveway cuts.

8. A curb cut for access to the drive-through establishment shall not be closer than fifty feet (50') from a public street intersection.

9. Impervious surfaces shall be the minimum required to provide vehicle access, drive-through lanes, parking, and pedestrian access and seating.

10. Directional signs shall be provided that indicate the entrance, exit and one-way path of drive-through lanes.

D. Additional Standards for Drive-Through Selling Food or Beverages:

1. A seating area either indoor or outdoor with temporary or permanent shelter, sufficient for a minimum of ten (10) people shall be provided.

2. A minimum of one (1) outdoor trash receptacle shall be provided.

3. A restroom shall be provided for patrons.

E. Operational Standards:

1. To reduce vehicle emissions, signage shall be provided advising drivers to reduce vehicle idling.

2. Employees shall collect on-site and off-site litter generated by customers at least once per business day.

3. Service shall be provided to those who elect to walk or bike at all hours that the drive-through is in operation. (Ord. 898-08, 9-8-2008; amd. Ord. 905-09, 3-23-2009; Ord. 972-14, 11-24-2014; Ord. 999-18, 8-13-2018; Ord. 1026-22, 9-12-2022)

8-2C-14: DWELLING UNIT, ACCESSORY:

A. Private Restrictions: This section is not intended to impair or interfere with other regulations of private restrictions on the use of land improvements and structures. The provisions of this section shall be in addition to, and shall not be deemed to repeal, abrogate, or impair, any other easement, covenant, or deed restriction. Where this section imposes greater restrictions than that imposed by private restrictions, this section shall prevail.

B. Setbacks And Dimensional Standards:

1. Setbacks shall meet the zoning district setback requirements;

2. No accessory dwelling unit structure shall be allowed in front of the principal structure.

C. Additional Standards: In addition to meeting all building codes for a dwelling unit the following provisions shall be complied with:

1. Not more than one (1) accessory dwelling unit shall be allowed per property;

2. Direct ingress and egress to accessory dwelling unit shall be provided;

3. Accessory dwelling unit may be eight hundred (800) square feet or up to fifty percent (50%) of the size of the principal dwelling unit, whichever is greater, up to a maximum of one thousand two hundred (1,200) square feet. If there is no principal dwelling, the accessory dwelling shall comply with the criteria set forth for a single-family dwelling;

4. Accessory dwelling unit shall have at least three hundred (300) square feet of habitable space as defined by the building code;

5. Accessory dwelling unit shall be clearly incidental to the principal structure in use. For the purposes of accessory dwelling units, "incidental" means in connection with the residential use and structure on site, but does not constitute the principal dwelling unit;

6. Accessory dwelling unit shall be compatible in design, materials, and scale with the principal structure;

7. Accessory dwelling unit shall be declared real property with Ada County and be on a foundation;

8. Accessory dwelling unit shall be identified with an approved address;

9. Accessory dwelling unit shall provide a kitchen with appliances for the cooking of food, a sink and storage;

10. Accessory dwelling unit shall provide a bathroom with minimally a sink, toilet and bathtub and/or shower;

11. Accessory dwelling unit shall provide for at least one (1) closet. (Ord. 944-12, 5-14-2012; Ord. 1033-22, 2-13-2023)

8-2C-15: DWELLING UNIT, MULTI-FAMILY:

A. Setbacks: Setbacks within the site between buildings shall be a minimum of ten feet (10').

B. Site Layout: All multi-family developments shall provide for quality of life, open space and recreation amenities to meet the particular needs of the residents as follows:

1. Quality of life amenities: a) clubhouse; b) fitness facilities; c) enclosed bike storage; or d) public art.

2. Open space: a) open grassy area of at least fifty feet by one hundred feet (50’ x 100') in size; b) community garden; c) ponds or water features; or d) plaza.

3. Recreation amenities: a) pool; b) walking trails; c) children’s play structures; or d) sports courts.

4. The number of amenities shall depend on the size of multi-family development as follows:

a. For multi-family developments with less than twenty (20) units, two (2) amenities shall be provided from two (2) separate categories.

b. For multi-family developments between twenty (20) and seventy five (75) units, three (3) amenities shall be provided, with one from each category.

c. For multi-family developments with seventy five (75) units or more, four (4) amenities shall be provided, with at least one from each category.

C. Site Maintenance: All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features.

D. Additional Standards For Developments With Twenty Units Or More: Developments with twenty (20) units or more shall provide the following:

1. A property management office.

2. A maintenance storage area.

3. A central mailbox location, including provisions for parcel mail that provide safe pedestrian and/or vehicular access.

4. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012)

8-2C-16: EQUIPMENT RENTAL, SALES AND SERVICE:

A. Limitations:

1. All repair activities (including, but not limited to, open pits and lifts) shall occur within an enclosed structure.

2. All equipment repairs shall be limited to between the hours of seven o’clock (7:00) A.M. and seven o’clock (7:00) P.M., Monday through Saturday.

3. Damaged or wrecked equipment shall not be stored on site for purposes other than repair.

4. All equipment shall be parked on site and not in adjoining streets or alleys.

5. All discarded vehicle parts or equipment, or permanently disabled, dismantled, or junked vehicles shall be removed from the premises within thirty (30) days of arrival.

B. Site Design: All new structures constructed for equipment repair shall be constructed so that the entrances to individual workstation/service bays do not face abutting residential parcels or the public rights of way.

C. Maintenance: All paved and unpaved areas shall be maintained grease and oil free. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012)

8-2C-17: FINANCIAL INSTITUTIONS:

A. Other Regulations Apply:

1. The location, access and safety features of all automated teller machines (ATMs) shall be subject to review and approval by the Garden City police department, and in accord with the standards set forth in section 8-4A-6, "Self-Service Uses", of this title.

2. The provisions of section 8-2C-13, "Drive-Through Establishment", of this article shall apply to all drive-through tellers. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012)

8-2C-18: FOOD PRODUCTS PROCESSING:

A. Setbacks:

1. All structures, loading areas, outdoor activity areas, exclusive of parking shall be located a minimum of five hundred feet (500') from any abutting residential districts.

2. Uses shall be located a minimum of one thousand feet (1,000') from any hospital.

B. Limitations: No outside activity or event shall be allowed on the site, except as allowed through a conditional use permit that takes into account the public health and welfare, the interests of adjoining property owners, odor, noise, traffic and vehicular and pedestrian safety.

C. Other Regulations Apply: The operator shall have a continuing obligation to comply with all city, county and state regulations relative to such an operation. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012)

8-2C-19: FOOD STORES:

A. Maximum Size: In the LI and C-2 base zoning districts the maximum size is limited to two thousand (2,000) square feet.

B. Other Regulations Apply: Uses over sixty thousand (60,000) square feet shall comply with the regulations set forth in subsection 8-4C-4A, "Large Scale Nonresidential Structures", of this title. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012)

8-2C-20: FUEL SALES:

A. Minimum Site Area: The site area shall be at least fifteen thousand (15,000) square feet, with a minimum of one hundred twenty five feet (125') of frontage on a public street. This requirement shall not apply to the remodeling or expansion of a preexisting use.

B. Setbacks: The use shall be located at least five hundred feet (500') from a residential zone, a residence, or lodging.

C. Site Layout:

1. Air, water, telephone, and vending machines shall be located in an area that does not impede vehicular traffic.

2. All restroom entrances shall be accessed from inside the building.

3. The total height of any overhead canopy or weather protection device shall not exceed twenty feet (20').

D. Access And Parking:

1. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right of way by patrons.

2. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking.

E. Site Maintenance: All paved and unpaved areas shall be maintained grease and oil free.

F. Accessory Use:

1. Mobile recycling trucks, emission control trucks and temporary, nonpermanent structures may be located on a fuel sales facility site through approval of a conditional use permit.

2. When fuel sales are allowed as an accessory use, the fuel sales facilities shall not occupy more than twenty five percent (25%) of the subject property.

G. Other Regulations Apply:

1. If the use is unattended, the standards as set forth in section 8-4A-6, "Self-Service Uses", of this title shall also apply.

2. Installation of underground fuel tanks shall require written approval from the Idaho division of environmental quality, Idaho department of water resources, and the fire authority. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012)

8-2C-21: HEALTH CLUB:

No outdoor activity area associated with the use shall be located within fifty feet (50') of any property line adjacent to a residential zone. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012)

8-2C-22: HOME OCCUPATIONS:

A. Maximum Size:

1. A home occupation use shall be conducted entirely within a structure and shall occupy no more than twenty five percent (25%) of the gross floor area of the residential structure. The maximum floor area calculation shall include on site storage areas, and any portion of the home occupation that is located within an accessory structure.

2. The floor area maximum can be exceeded if the storage area is located off site.

3. The area devoted to home occupation shall not occupy an area required for residential parking.

B. Site Layout:

1. There shall be no alteration to the residential character of the premises as a result of the home occupation use.

2. The existence of a home occupation use shall not be apparent beyond the boundaries of the subject site.

3. No outdoor storage or display of equipment, appliances, materials, or supplies shall be allowed.

4. Only one sign not exceeding four (4) square feet in area, nonilluminated and mounted flat against the building shall be allowed.

C. Limitations:

1. There shall be no items sold in the home occupations other than products crafted on the premises. Items manufactured off site may be sold through mail order or through the internet as long as the home occupation use (including storage area) does not exceed five hundred (500) square feet of floor area.

2. No equipment or process shall be used in a home occupation, which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises.

3. Guns and ammunition shall not be sold as part of a home occupation except that a home occupation for a gunsmith or firearms collector licensed by the bureau of alcohol, tobacco, and firearms as a gunsmith or firearm collector is allowed and the license shall be visible at all times.

4. The home occupation shall not serve as a headquarters or main office where employees come to the site and are dispatched to other locations.

5. Only a resident of the dwelling unit and one other person other than a family member shall be employed in the operation of home occupation use.

6. The home occupation shall not involve the use of more than one commercial vehicle.

7. A home occupation use shall not allow any clients or customers without prior appointments.

8. Client/customer appointments are limited to the hours of seven o’clock (7:00) A.M. to ten o’clock (10:00) P.M., Monday through Friday.

9. If there is an employee other than a family member, one parking space shall be provided in addition to the parking required for the residential use. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012)

8-2C-23: HOSPITAL:

A. Setback: No hospital shall be located within one thousand feet (1,000') of the following uses: explosive manufacturing or storage, flammable substance storage, foundry, freight and truck terminal, manufacture or processing of hazardous chemicals, power plant, food product storage and processing plant.

B. Access: If the hospital provides emergency care, the location shall have direct access on an arterial street.

C. Accessory Uses: Accessory retail uses including, but not limited to, retail shops, food or beverage service, and personal service shops, may be allowed if designed to serve patrons of the hospital and their visitors only. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012)

8-2C-24: INDUSTRY, FLEX OR LIGHT:

A. Setback:

1. All mechanical equipment emissions; shipping and/or delivery; or other outdoor activity areas shall be located a minimum of five hundred feet (500') from any abutting residential districts.

2. Any use involving explosive manufacturing or storage, flammable substance storage, foundry, freight and truck terminal, manufacture or processing of hazardous chemicals, power plant, food product storage and processing plant shall be located a minimum of one thousand feet (1,000') from a hospital.

B. Limitations: The following adverse effects shall be mitigated through setbacks, buffers, sound attenuation and/or hours of operation:

1. Noise, odor, or vibrations; or direct or reflected glare; detectable by the human senses without the aid of instruments.

2. Radioactivity and electric or electromagnetic disturbances which unduly interfere with the normal operation of equipment, instruments, or appliances on abutting properties.

3. Any other emission or radiation which endangers human health, results in damages to vegetation or property or which exceeds health and safety standards.

C. Other Regulations Apply: A use in this category may require approval from the Environmental Protection Agency, the U.S. Department of Agriculture, Central District Health Department, the Ada County air quality board and Idaho Department of Water Resources. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012; Ord. 967-14, 6-9-2014)

8-2C-25: RESERVED:

(Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012)

8-2C-26: KENNEL, HOBBY:

A. Minimum Site Area: A minimum site area for twenty two thousand (22,000) square feet shall be provided for any property with more than three (3) dogs or five (5) or more domesticated animals that are more than four (4) months of age.

B. Setback: A minimum of one hundred fifty feet (150') of distance shall be required to be maintained from the kennel facility to any residence or lodging not on the property.

C. Site Maintenance:

1. Adequate shelter shall be required for the number of dogs to be kept, including adequate means of restraining such dogs from running at large.

2. The property shall be maintained with adequate housekeeping practices designed to prevent the creation of a nuisance and to reduce to a minimum the factors of noise and odor.

D. Other Regulations Apply:

1. The owner shall have a continuing obligation to comply with all city, county and state regulations relative to such an operation.

2. The use shall comply with the licensing requirements as set forth in title 3, "Business And License Regulations", and title 4, chapter 5, "Animal Control", of this code. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012)

8-2C-27: LAUNDROMAT, SELF-SERVICE CLEANING:

A. Limitations:

1. The hours of operation shall be limited to between six o’clock (6:00) A.M. and eleven o’clock (11:00) P.M. in the general commercial (C-2) districts.

2. Exhaust shall be discharged upward and a minimum of twenty five feet (25') from any property line adjacent to a residential use.

B. Other Regulations Apply: If unattended, the use shall meet the requirements of section 8-4A-6, "Self-Service Uses", of this title. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012)

8-2C-28: LODGING:

A. Minimum Lot Size: The minimum lot size for lodging uses shall be thirty thousand (30,000) square feet.

B. Limitations:

1. A maximum of sixty percent (60%) of the lodging units may contain a kitchen.

2. Lodging guestrooms shall not be provided on less than a daily basis. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012)

8-2C-29: MORTUARY:

A. Access: The site has frontage on and direct access to a collector or arterial roadway.

B. Design:

1. The design of new structures or additions to existing structures shall be reviewed by the Garden City design review consultant(s) for compatibility of scale and character with the intended land use and development in the vicinity.

2. At least twenty percent (20%) of the area within the required structure setbacks shall be open space, not used for buildings, parking areas or driveways.

C. Limitations:

1. Buildings and outdoor activity areas will be at least fifty feet (50') from adjacent residentially and mixed use zoned properties. The setback may be reduced to the minimum setback required by the zoning district if:

a. The adjoining land is committed to a long term institutional or open space use that provides an equivalent or better buffer for vicinal residential development; or

b. The petition includes detailed plans for screening, consisting of a combination of a solid fence or wall and landscaping, or an equivalent combination, that presents an attractive and effective buffer for neighboring properties.

2. Crematoriums may be permitted as accessory uses to a funeral home or mortuary provided that:

a. No portion of the cremator may be visible to adjacent properties or right of way; and

b. Each cremation shall be monitored to ensure adherence to legal environmental standards as prescribed by DEQ; and

c. The crematorium must have a secondary chamber or other apparatus to consume and destroy smoke and odor. (Ord. 931-11, 8-8-2011; amd. Ord. 944-12, 5-14-2012; Ord. 1026-22, 9-12-2022)

8-2C-30: NURSERY:

A. Minimum Site Area: The minimum site area for a nursery or urban farm shall be fifteen thousand (15,000) square feet.

B. Site Maintenance:

1. The site shall be returned to a clean condition after the termination of the selling season, including being free of weeds, debris and garbage.

2. Unsold food products, trees, greens, or debris generated by the use shall be properly disposed off the site.

3. All surfaces used for parking on the site shall be constructed with paving, vegetative cover or of dustless material. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012)

8-2C-31: NURSING AND RESIDENTIAL CARE FACILITIES:

A. Limitations: If the use results in more than ten (10) persons occupying a dwelling at any one time, the applicant or owner shall concurrently apply for a change of occupancy as required by title 7, "Building Regulations", of this code.

B. Additional Standards For Uses Providing Care To Children And Juveniles Under The Age Of Eighteen Years:

1. All outdoor play areas shall be completely enclosed by a minimum six foot (6') nonscalable fence to secure against exit/entry by small children and to screen abutting properties.

2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard.

3. Outdoor play areas in residential districts or uses adjacent to an existing residence shall not be used after dusk.

C. Additional Standards For Uses Providing Care To Patients Who Suffer From Conditions That May Cause Disorientation: A barrier shall be provided with a minimum height of six feet (6') and patient safe door, along the perimeter of any portion of the site that is accessible to these patients.

D. Other Regulations Apply: The owner and/or operator of the facility shall secure and maintain a license from the state of Idaho department of health and welfare, facility standards division. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012)

8-2C-32: PERSONAL AND PROFESSIONAL SERVICES:

A. Other Regulations Apply: A use that is a private security, escort service or massage service shall comply with the licensing requirements as set forth in title 3, "Business And License Regulations," of this code. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012)

8-2C-33: RECREATIONAL VEHICLE PARK:

A. Minimum Site Area:

1. The minimum site area for a recreational vehicle park shall be three (3) acres.

2. A recreational vehicle space shall have an area of not less than seven hundred (700) square feet exclusive of driveways and common areas.

B. Setbacks:

1. The location of all RV spaces shall comply with the setback of the base zoning district.

2. No outdoor activity area associated with the use shall be located within fifty feet (50') of any property line.

C. Site Layout:

1. The site layout shall reflect the requirements of the health and fire authorities with respect to water supply, sewage disposal, fire hydrants, sanitary facilities, building location, street layout and park design.

2. Roadways shall have a minimum width of thirty feet (30') or a minimum width of twenty feet (20') where parking is not permitted and an equal amount of off road parking is provided. Roadways shall be paved.

3. Each RV space shall have at least one ten by twenty foot (10' x 20') parking space exclusive of the RV itself. Parking and driveway areas shall be paved.

4. Outdoor lighting shall be provided. Lighting shall be oriented to prevent direct illumination onto abutting property and public right-of-way.

5. The park shall be screened on all sides by a sight obscuring planting screen, fence or combination thereof.

6. One waste disposal dump station shall be provided for each one hundred (100) sites, or part thereof. All sewer and water lines shall be first approved by the city engineer and the health authority.

7. Trash receptacles shall be provided at a rate of thirty (30) gallons of refuse capacity for each two (2) spaces or equivalent.

8. Each RV space shall be provided with electrical service.

D. Limitations:

1. It shall be unlawful for a park owner or park tenant to permit a travel trailer or motor coach to remain situated in a park in excess of ninety (90) days. Where the park tenant is physically disabled from traveling, extensions may be granted by the planning and zoning administrator and/or his or her designee in conjunction with the proprietor of the park.

2. Where a park tenant remains in a park in excess of ninety (90) days, the park proprietor will so advise the planning and zoning administrator and/or his or her designee and cooperate with the planning and zoning administrator and/or his or her designee and city attorney in removing said holdover tenant.

3. It shall be unlawful to remove the wheels from any travel trailer or motor coach located within a park as defined in this chapter. It shall also be unlawful to permanently affix any such living unit to the ground when located within such a park.

E. Site Maintenance: A manager shall be present on the site at all times.

F. Other Standards Apply: Outdoor storage, service and equipment areas shall comply with sections 8-1C-3, Property Maintenance Standards, and 8-4A-5, Outdoor Service And Equipment Areas, of this title. (Ord. 898-08, 9-8-2008; amd. Ord. 905-09, 3-23-2009; Ord. 944-12, 5-14-2012; Ord. 967-14, 6-9-2014)

8-2C-34: SCHOOL:

A. Setbacks:

1. In the residential zoning districts, the interior side setback shall be a minimum of fifteen feet (15') and the rear setback shall be a minimum of twenty five feet (25'). The front setback shall be the same as that required for an allowed use.

B. Site Layout:

1. In residential zoning districts, a minimum of one hundred twenty five (125) square feet of outdoor play area shall be provided for each child enrolled.

2. In nonresidential zoning districts, a minimum of seventy five (75) square feet of outdoor play area shall be provided for each child enrolled.

3. No outdoor play area shall be located within a required front or corner side setback or within twenty five feet (25') of a residential use.

4. Portable classrooms shall not be located in the front yard of the principal school structure or located in any required setback.

C. Access And Parking: On site vehicle pick up, parking and turnaround areas shall be provided to ensure safe discharge and pick up of students.

D. Accessory Uses: Accessory uses including, but not limited to, daycare facilities, special events, community services, social services, meeting facilities for clubs and organizations, and school administration may be allowed.

E. Additional Standards For Private Schools: Written documentation that the facility meets the minimum site area guidelines as established by the Idaho state department of education shall be provided.

F. Additional Standards For Vocational Or Trade Schools:

1. A school involving the instruction of truck driving, heavy equipment operation or any other vocation involving noise generating instruction shall not be allowed in a residential district.

2. Written documentation that the school will have major curriculum relating to technological industrial research and processes shall be provided. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012)

8-2C-35: SEXUALLY ORIENTED BUSINESSES:

A. Setbacks:

1. The use shall be located at least one thousand five hundred feet (1,500') from any school, child daycare, church or place of religious worship.

2. The use shall also be located at least one thousand five hundred feet (1,500') from any of the following: a) another adult oriented business; b) any boys’ club, girls’ club, or similar existing youth organizations; c) a public park; d) a public building; e) a school bus stop; or f) any property zoned for residential use or in use as residential property.

3. Said distances shall be measured in a straight line without regard to intervening structures from the nearest entrance of the sexually oriented business to the nearest property line or boundary line, or school bus stop.

B. Signs:

1. Signs for the use shall not contain any emphasis, either by movement, picture, or otherwise, on matter relating to the sexually oriented business.

2. A legible door sign stating "Persons Less Than 18 Years Of Age Not Permitted" shall be installed and maintained at each entrance to the business. The sign shall be no less than 0.5 square feet and no greater than one square foot in area. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012)

8-2C-36: SERVICE PROVIDER:*:

A. Site Layout: No structure, facility, drive lane, parking area, or loading area shall be located adjacent to a residential district.

B. Parking and Access:

1. The entrance and exit drives shall be designed to prevent traffic hazards and nuisances.

2. All surfaces used for parking shall be constructed with paving, vegetative cover or of dustless material.

C. Limitations: The site shall not be used as vehicle wrecking as herein defined.

D. Site Maintenance:

1. All outdoor storage of materials or vehicles shall be maintained in an orderly manner so as not to create a public nuisance.

2. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic.

E. Other Standards Apply: Outdoor storage areas shall comply with section 8-1C-3, Property Maintenance Standards, of this title. (Ord. 967-14, 6-9-2014)

* Code reviser’s note: Ord. 967-14 adds this section as 8-2C-34. It has been editorially renumbered to avoid duplication of numbering.

8-2C-37: STORAGE FACILITY OR YARD:

A. Site Layout:

1. The distance between structures shall be a minimum of twenty five feet (25').

2. No structure, facility, drive lane, parking area, or loading area shall be located adjacent to a residential district.

B. Parking And Access:

1. The entrance and exit drives shall be designed to prevent traffic hazards and nuisances.

2. All surfaces used for parking shall be constructed with paving, vegetative cover or of dustless material.

C. Limitations:

1. Storage units, facility areas or vehicles shall not be used as dwellings or as a commercial or industrial place of business.

2. The site shall not be used as a vehicle wrecking or junk yard as herein defined.

D. Site Maintenance:

1. All outdoor storage of materials or vehicles shall be maintained in an orderly manner so as not to create a public nuisance.

2. Materials or vehicles shall not be stored within the required yard setbacks.

3. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic.

E. Other Standards Apply: Outdoor storage areas shall comply with section 8-1C-3, Property Maintenance Standards, of this title.

F. Additional Standards For Storage Facility, Self-Service:

1. The manufacture or sale of any item by a tenant from or at a self-service storage facility is specifically prohibited.

2. On site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with section 8-2C-38,Temporary Uses, of this article.

3. If abutting a residential district, the facility hours of public operation shall be limited to six o’clock (6:00) A.M. to eleven o’clock (11:00) P.M.

4. If the use is unattended, the standards as set forth in section 8-4A-6, Self-Service Uses, of this title shall also apply, or an on site manager is present at all times.

G. Additional Standard For Storage Yard, Recreation Vehicle, Commercial: Storage shall be limited to operable recreational vehicles only.

H. Additional Standards For Storage Yard, Recreation Vehicle, Residential:

1. Recreational vehicle storage facilities shall be approved only as an accessory use to a platted subdivision and/or approved planned unit development.

2. Storage shall be limited to vehicles only and shall not include heavy equipment such as tractors or backhoes not normally needed for residential uses.

I. Additional Standard For Storage Yard, As An Accessory Use: Outside storage of materials for commercial or industrial uses shall be limited to those items owned or used by the business. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012; Ord. 967-14, 6-9-2014)

8-2C-38: TEMPORARY USES:

A. Site Design:

1. Temporary uses that are seeking permit renewal for the same temporary use at a location shall be considered a permanent use and shall be required to go through the design review process.

2. Structures and/or the display of merchandise shall comply with the setback requirements of the district within which it is located.

3. Temporary structures and merchandise shall be displayed so as to not interfere with the clear vision triangle. In no case shall items be displayed, or business conducted, within the public right-of-way, unless otherwise authorized by the transportation authority.

4. Compressors, fans, pumps, and other motorized equipment shall be located or shielded to reduce noise levels to adjoining properties so as to not exceed fifty (50) decibels at the property line.

5. A maximum of one (1) structure in conjunction with the temporary use shall be allowed and may cover a maximum of five hundred (500) square feet.

6. No use shall be located on a site in a way that would block a private or public sidewalk.

7. A temporary use shall not result in the removal of any trees.

8. Adequate off-street parking shall be provided to serve the use.

9. The use shall not displace the required off-street parking spaces or loading areas of the permitted uses on the site.

10. The entrance and exit drives shall be designed to prevent traffic hazards and nuisances.

11. All surfaces used for parking shall be constructed with paving, vegetative cover or of dustless material.

B. Requirements and Limitations:

1. The use shall not result in the construction of any permanent structures that would not otherwise be permitted subject to the provisions of this title.

2. The applicant shall provide notarized consent of the property owner.

3. Any temporary structures shall be portable and completely removed from the premises at the end of the allowed time period.

4. Except as otherwise defined in this section, one (1) temporary use is allowed on a property for the specified period.

5. The temporary use permit shall specify a beginning and end date of the use.

6. All signs erected in association with the use shall be in compliance with the regulations for signs as set forth in chapter 4, article F, Sign Provisions, of this title.

7. A building permit for temporary structures may be required as set forth in title 7, Building Regulations, of this code.

8. Activities or uses of a site that are prohibited by this title shall be prohibited.

9. Activities or uses of a site that require a conditional use permit shall be required to obtain a conditional use permit prior to the commencement of the use.

10. No direct sales to customers while customers are in vehicles shall be allowed.

11. The sale or storage of alcohol is prohibited.

C. Site Maintenance:

1. The site shall be returned to a clean condition after the termination of the use, including being free of debris and garbage.

2. All outdoor display of merchandise shall be in compliance with the standard set forth in section 8-1C-3N, Outdoor Display Of Merchandise, of this title.

3. Unsold food products and debris generated by the use shall be properly disposed off the site.

4. Any vehicles that may be used in conjunction with the use must be:

a. Legally licensed through a department of transportation;

b. Be immediately movable;

c. Completely removed from the premises at the termination of the permit.

D. Standards for Specific Types of Temporary Uses:

1. Additional Standards for Fireworks Stands:

a. The use shall be prohibited in residential districts.

b. The applicant or owner shall obtain written approval of the fire authority and the Garden City police department.

c. Dates of the fireworks sales shall comply with Idaho Code section 39-2606 and title 4, chapter 8 of this code.

2. Additional Standards for Model Home Sales, Construction Office, Temporary Storage, and Construction Staging Areas:

a. The sales office shall be located on a lot within a subdivision or planned unit development.

b. The use of the sales office shall be limited to the sale of lots and/or dwellings within the development.

c. When required, the applicant or owner shall obtain a building permit to convert the sales office to a dwelling or shall remove the sales office within thirty (30) days of the sale or rent of the final lot or space.

d. Temporary buildings, construction trailers, temporary fences, equipment and materials may be permitted in any district during the period construction work is in progress, provided that the location and nature have been included as part of an approved permit. Such temporary facilities or equipment shall be removed within sixty (60) days of substantial completion of the construction work.

e. Temporary storage not associated with a building permit or other city approval is limited to thirty (30) days per calendar year and is exempt from the temporary use permit.

3. Additional Standards for Seasonal Sale of Agricultural and Food Products:

a. Christmas tree lots shall be removed by January 1. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012; Ord. 1002-18, 1-28-2019)

8-2C-39: TERMINAL YARD, TRUCKING:

A. Minimum Lot Size: The use shall have a minimum lot size of thirty thousand (30,000) square feet.

B. Setback:

1. The use shall be located a minimum of one thousand feet (1,000') from any hospital.

2. No outdoor activity area shall be located within five hundred feet (500') from any residential district.

C. Access: The use shall be located with direct access to a principal arterial or state highway and with no access through residential streets.

D. Accessory Uses: Accessory uses are allowed through approval of a conditional use permit that have a direct relationship to the maintenance and fueling of vehicles (including, but not limited to, truck and trailer washing, fuel pumps, garages for minor repair) may be allowed.

E. Other Standards Apply: Installation of underground fuel tanks shall require written approval from the Idaho division of environmental quality, Idaho department of water resources, and the fire authority. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012)

8-2C-40: TOBACCO ENTERTAINMENT ESTABLISHMENT:

A. Setbacks: The tobacco entertainment establishment shall not be located within three hundred feet (300') of a property used for church or school activities.

B. Limitations:

3. Establishments shall remain closed between two o’clock (2:00) A.M. and six o’clock (6:00) A.M. Closing times shall be clearly posted on all entrances and exits.

C. Other Regulations Apply:

1. The use shall comply with all Idaho Code regulations regarding the sale, manufacturing, or distribution of tobacco products.

2. Security shall be provided for the entire premises including inside the building and any parking lot or outside usable space. Security shall be provided in the prescribed manner:

a. Security personnel are required and shall wear identical attire clearly identifiable with the word "Security" on the backside of shirts; and

b. Security staff are required to have some means of two-way communication; and

c. Video surveillance is required; and

d. Door security alarms shall be installed so as to prevent patrons from entering and exiting the building from doorways other than the main entrance; and

e. Parking areas shall be lighted; and

f. Mandatory identification checks of all individuals patronizing the establishment shall be conducted and no one under the legal age to smoke tobacco shall be allowed to patronize the establishment; and

g. No loitering outside of the establishment shall be permitted. (Ord. 944-12, 5-14-2012)

8-2C-41: VEHICLE SERVICE:

A. Minimum Site Area: The use shall have a minimum site area of fifteen thousand (15,000) square feet.

B. Site Layout:

1. All hydraulic hoists and pits, and all equipment for greasing, lubrication, and allowed repairs shall be enclosed entirely within a structure.

2. Any spray booth must be approved by the fire authority and building official.

3. All parts, inventory and vehicles waiting to be repaired shall be kept inside an entirely enclosed building or hidden behind a privacy fence or other visual barrier as set forth in section 8-2C-37, Storage Facility Or Yard, of this article.

4. All new structures constructed for vehicle/equipment repair shall be constructed so that the entrances to individual workstation/service bays do not face abutting residential parcels or the public rights-of-way.

5. Tires taken in on trade that have no more than salvage value shall be stored in a solid wall enclosure.

C. Limitations:

1. No servicing of trucks in excess of one and one-half (1-1/2) ton capacity or industrial equipment of any type or character shall be allowed in the commercial district without a conditional use permit.

2. All vehicle/equipment repair uses and related activities shall be limited to between the hours of seven o’clock (7:00) A.M. and seven o’clock (7:00) P.M., Monday through Saturday.

3. Damaged or wrecked vehicles shall not be stored on site for purposes other than repair.

4. All vehicles that are repaired and are waiting to be picked up by the owner of the vehicle shall be parked on site and not in adjoining streets or alleys.

5. All discarded vehicle parts or equipment, permanently disabled, dismantled, or junked vehicles, or tires shall be removed from the premises within thirty (30) days of arrival.

D. Site Maintenance: All paved and unpaved areas shall be maintained grease and oil free. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012; Ord. 967-14, 6-9-2014)

8-2C-42: VEHICLE RENTAL:

A. Location Standards: Vehicle rental may be appropriate on Chinden, Glenwood or State Street, which are arterial roadways; however, the use is generally not appropriate on local or collector streets unless on property designated as light industrial (LI) zoning.

B. Building and Site Design:

1. The site shall be designed in accord with chapter 4, article D of this title, Parking And Off Street Loading Provisions, chapter 4, article E of this title, Transportation And Connectivity Provisions, chapter 4, sections 8-4I-4, Landscaping Provisions For Specific Uses, 8-4I-5, Perimeter Landscaping Provisions, and 8-4I-6, Parking Lot Landscaping Provisions.

2. There shall be no barbed wire visible from the right-of-way or adjacent properties.

3. Chained-link fencing is not permitted adjacent to rights-of-way.

4. Safe pedestrian and vehicle access and circulation on the site and between adjacent properties shall be demonstrated as follows:

a. Vehicular lanes shall be sited to minimize additional vehicular traffic on site, within the surrounding uses, and on adjacent rights-of-way.

b. A bike rack shall be provided.

c. Direct, comfortable, and safe pedestrian connection from the public sidewalk system and the parking area to the structure shall be provided through sidewalks or pathways that are:

i. A minimum of five feet (5') in width; and

ii. Americans with Disabilities Act compliant; and

iii. Uninterrupted by motorized vehicles. If there is no other feasible alternative, the vehicular crossing of the path or sidewalk shall be designed in a way to visibly demonstrate that it is secondary to the pedestrian. This may be achieved by changes in materials or colors, landscaping, or other such treatments.

5. All site and vehicular lighting shall be down-shielded, screened or oriented not to encroach on any adjacent property.

6. The design and construction of the site shall minimize the number of driveway cuts.

7. New construction or substantial alteration shall require:

a. All parking oriented toward the side or rear yards and not placed between the street right-of-way and the primary customer entrance.

b. Public access facing the public right-of-way.

C. Parking:

1. Customer parking shall be provided at:

a. One (1) space for every ten (10) cars available for rent; and

b. One (1) space for every three (3) pick-ups, cargo vans, or trucks available for rent.

2. No on-street parking associated with the use is permitted.

D. Limitations:

1. This use is not the same as storage facility or yard, storage facility, self-serve, vehicle sales, vehicle service, vehicle washing facility, or vehicle wrecking yard. Activities on site that are a part of these uses shall require separate approvals.

2. All vehicles on site shall be operable, licensed, and shall not be dismantled or partially dismantled.

3. All vehicles and trailers to be rented shall be indoors or in a screened parking lot, and shall not to be on display to the right-of-way. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012; Ord. 991-17, 2-13-2017)

8-2C-43: VEHICLE SALES:*:

A. Minimum Site Area: The use shall have a minimum site area of thirty thousand (30,000) square feet.

B. Accessory Use:

1. Vehicle repair may be allowed as an accessory use, subject to the standards as set forth in section 8-2C-41 of this article, Vehicle Service.

2. Vehicle washing may be allowed as an accessory use, subject to the standards as set forth in section 8-2C-44 of this article, Vehicle Washing Facility.

3. The accessory uses of vehicle service and vehicle washing facility shall be limited to a combined forty percent (40%) of the gross floor area of enclosed space.

4. Vehicle service shall not be conducted in areas visible from the right-of-way.

C. Location Standards: Vehicle sales may be appropriate on Chinden, Glenwood or State Street, which are arterial roadways; however, the use is generally not appropriate on local or collector streets unless on property designated as light industrial (LI) zoning.

D. Building and Site Design:

1. The site shall be designed in accord with chapter 4, article D of this title, Parking And Off-Street Loading Provisions, chapter 4, article E of this title, Transportation And Connectivity Provisions, chapter 4, sections 8-4I-4, Landscaping Provisions For Specific Uses, 8-4I-5, Perimeter Landscaping Provisions, and 8-4I-6, Parking Lot Landscaping Provisions.

2. There shall be no barbed wire visible from the right-of-way or adjacent properties.

3. Chained-link fencing is not permitted adjacent to rights-of-way.

4. Safe pedestrian and vehicle access and circulation on the site and between adjacent properties shall be demonstrated as follows:

a. Vehicular lanes shall be sited to minimize additional vehicular traffic on site, within the surrounding uses, and on adjacent rights-of-way.

b. A bike rack shall be provided.

c. Direct, comfortable, and safe pedestrian connection from the public sidewalk system and the parking area to the structure shall be provided through sidewalks or pathways that are:

i. A minimum of five feet (5') in width; and

ii. Americans with Disabilities Act compliant; and

5. All site and vehicular lighting shall be down-shielded, screened or oriented not to encroach on any adjacent property.

6. The design and construction of the site shall minimize the number of driveway cuts.

E. Limitations:

1. No on-street parking associated with the use is permitted.

2. This use is not the same as storage facility or yard, storage facility, self-serve, vehicle service, vehicle washing facility, or vehicle wrecking yard. Activities on site that are a part of these uses shall require separate approvals. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012; Ord. 991-17, 2-13-2017)

* Code reviser’s note: Ord. 991-17 creates a new section 8-2C-43. The sections following have been editorially renumbered to avoid duplication of numbering.

8-2C-44: VEHICLE WASHING FACILITY:*:

A. Access And Parking: Safe pedestrian and vehicle access and circulation on the site and between adjacent properties shall be demonstrated as follows:

1. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right of way by patrons;

2. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking;

3. The stacking lane shall not be located within ten feet (10') of any residential district or existing residence; and

4. Any stacking lane greater than one hundred feet (100') in length shall provide for an escape lane.

5. The design and construction of the drive-through facilities shall minimize the number of driveway cuts.

B. Limitations: Any use that is not fully enclosed shall be located a minimum of five hundred feet (500') from any abutting residential district, and shall be limited in operating hours from six o’clock (6:00) A.M. to eleven o’clock (11:00) P.M.

C. Other Regulations Apply: If unattended, the use shall meet the requirements of section 8-4A-6, "Self-Service Uses", of this title. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012)

* Code reviser’s note: Ord. 991-17 creates a new section 8-2C-43. This section has been editorially renumbered to avoid duplication of numbering.

8-2C-45: WAREHOUSE, STORAGE AND WHOLESALE:*:

A. Limitations: Outside activity areas shall be located a minimum of three hundred feet (300') from any property line adjoining a residence or a residential district.

B. Accessory Uses: The use may include accessory office uses not to exceed twenty five percent (25%) and retail sales not to exceed ten percent (10%) of the gross floor area of the use. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012)

* Code reviser’s note: Ord. 991-17 creates a new section 8-2C-43. This section has been editorially renumbered to avoid duplication of numbering.

8-2C-46: WIRELESS COMMUNICATION FACILITY:*:

A. Applicability: The requirements of this section shall apply to the placement of all new wireless communication facilities and the expansion or alteration of existing wireless communication facilities or similar or associated equipment. Small cell facilities are regulated by section 8-2C-49 of this chapter.

B. Eligible Facility Requests: Upon receipt of an application designated by the applicant as an eligible facilities request, the planning official shall review such application to determine whether the application so qualifies. Consistent with applicable law, the request shall be allowed if the application qualifies as an eligible facility request.

C. Setback:

1. A wireless communication facility shall not be located closer than five thousand two hundred eighty feet (5,280') (one (1) mile) from an existing cellular tower.

2. In addition to the setbacks required for the base zoning district as set forth in section 8-2B-3 of this title, Table 8-2B-2, "Form Standards In All Base Zoning Districts," a support tower for a wireless communication facility shall be set back one foot (1') for every ten feet (10') of the total tower height.

3. All equipment shelters, cabinets or other on-ground ancillary structures shall meet the setback requirements of the zone.

D. Height: The maximum height, including all antenna attachments, shall be one hundred feet (100') in the C-1 zone and one hundred twenty-five feet (125') in the LI zone.

E. Collocation: No new towers shall be allowed unless there has been an analysis certified by a qualified engineer and specific to the site that collocation on an existing wireless communication facility is infeasible. Evidence to demonstrate that no existing facility can accommodate the proposed new facility may consist of any of the following:

1. No existing towers or structures are located within the geographic area required to meet the proposed facility’s requirements;

2. Existing structures are not of sufficient height to meet the engineering requirements of the proposed structure;

3. Existing structures do not have sufficient structural strength to support the proposed antenna and/or equipment; or

4. The proposed antenna would cause electromagnetic interference with the antenna on existing structures, or the antenna on the existing structure would cause similar interference with the proposed antenna.

F. Site Design:

1. Tower facilities shall be landscaped with a buffer outside the perimeter of the compound in accordance with the standards set forth in subsection 8-4I-5.C of this title.

2. Materials, colors, textures and screening shall be used that blend the tower facility to the natural and built environment. Supporting electrical and mechanical equipment installed on the tower shall use colors that are similar to the tower.

3. Except as required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC), transmission structures shall not be artificially lighted. Equipment shelters may use lighting consistent with the lighting standards set forth in section 8-4A-4 of this title, "Outdoor Lighting."

G. Site Maintenance: A wireless communication facility that is no longer in use shall be completely removed and the site restored to its preexisting condition within six (6) months of the cessation of operation.

H. Other Regulations Apply: The site and structure design shall be subject to review by the design committee and the process set forth in section 8-6B-3 of this title. (Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012; Ord. 1026-22, 9-12-2022; Ord. 1006-19, 9-26-2022)

* Code reviser’s note: Ord. 991-17 creates a new section 8-2C-43. This section has been editorially renumbered to avoid duplication of numbering.

8-2C-47: MOBILE SERVICE:

A. Requirements and Limitations:

1. This use is exempt from permits under this title. Exemption from permits under this title does not waive the requirement of other city licenses and permits or as otherwise required by other governmental entities.

2. The vehicle from which the business or service is operated must be legally licensed through a department of transportation. (Ord. 1002-18, 1-28-2019)

8-2C-48: SPECIAL EVENT:

A. Requirements and Limitations:

1. Special events are exempt from permits under this title. Exemption from permits under this title does not waive the requirement of other licenses and permits such as liquor or building permits.

2. A special events permit must be obtained from the city. The city may impose requirements to ensure that the health and safety of the city is not compromised.

3. Special events may be allowed for a period not to exceed three (3) days total within any ninety (90) day period.

4. Any blocking of a road will require approval from the transportation authority.

5. Activities or uses of a site that are prohibited by this title shall be prohibited.

6. Uses of a site that require a conditional use permit shall be required to obtain a conditional use permit prior to the special event.

7. All applicable licenses and permits such as vendor’s or central district health licensing requirements are required. (Ord. 1002-18, 1-28-2019)

8-2C-49: SMALL CELL FACILITY:

A. Applicability: The requirements of this section shall apply to the placement of each new small cell facility and the expansion or alteration of any existing small cell facility. Other wireless communication facilities are regulated by section 8-2C-46 of this chapter.

C. General Requirements:

1. A small cell facility must submit an application and obtain a license from Garden City.

2. A small cell facility, not in an eligible facility request, must comply with any applicable master license agreement and the most current small cell design standards as adopted by resolution of Garden City.

3. A small cell facility shall not create adverse noise from generators or other accessory equipment.

4. A small cell facility shall not create access or grading issues.

5. A small cell facility shall not interfere with the safe operation of traffic control equipment.

6. A small cell facility shall not interfere with sight lines or clear zones for transportation or pedestrians.

7. A small cell facility shall not violate any applicable laws, codes, or regulations.

8. A small cell facility which creates a disturbance to public or private property landscaping, regardless if it is located within a public easement, shall be repaired to its original state after installation is complete.

9. Before construction of a small cell support structure or small cell facility commences in a utility easement or public right-of-way, the applicant shall provide written evidence of a permit, license, or legal right or approval to use such structure or facility from the owner of said utility easement or public right-of-way.

D. Exceptions To Application Requirement: Subject to the adopted small cell design standards, an application shall not be required for:

1. Routine maintenance; or

2. The replacement of a facility or antenna with another facility or antenna of equal or lesser size or height.

E. Discontinuation Of Use: Any small cell facility that is no longer in use shall be reported immediately by the service provider to the planning official. A discontinued facility shall be removed within six (6) months and the site restored to its preexisting condition. (Ord. 1006-19, 9-26-2022)