Document Star_doc_017f2e139c

NOTICE OF STAR CITY COUNCIL MEETING Star City Hall May 19, 2020 7:00 pm AGENDA 1. CALL TO ORDER (Welcome/Pledge of Allegiance) 2. ROLL CALL 3. APPROVAL OF AGENDA (Approval of Agenda as it stands/Amend Agenda) Action Item 4. CONSENT AGENDA Action Items *All matters listed within the Consent Agenda have been distributed to each member of the Star City Council for reading and study, they are considered to be routine, and will be enacted by one motion of the Consent Agenda or placed on the Regular Agenda by request. A. Approval of Regular Meeting Minutes of October 1, 2019 B. Approval of Regular Meeting Minutes of April 21, 2020 C. Approval of Regular Meeting Minutes of May 5, 2020 D. Final Plat – Reunion Subdivision, Phase 4 (FP-20-08) E. Final Plat – Amazon Falls Subdivision, Phase 1 (FP-20-08) F. Approval and Appointment of CHD4 Development Impact Fee Advisory Committee for the City of Star: Shawn Nickel, Michael Keyes, Chris Todd, John Tensen, Jon Turnipseed and Mayor Trevor A Chadwick G. Approval of Star Snack Shack Commercial Lease agreement with Star Sugar Shack LLC 5. OLD/NEW BUSINESS Action Items A. Public Hearing – Rosti Farms Subdivision (AZ-20-03/PP/PUD-20-02) tabled to June 16, 2020 B. Public Hearing – Unified Development Code Amendments C. Discussion on the “Heart of the City” Sub Area Plan D. Discussion & Ratification of Draft Cost Proposal for Traffic Signals Study E. Amended Star Fire Department Agreement F. Ordinance No. 307 Monroe-Butler Property Annexation and Zoning G. Ordinance No. 308 Arte Investments Property Rezone H. Ordinance No. 309 J & E Properties Rezone & PUD 7. REPORTS 8. ADJOURNMENT Action Item **The public will not be allowed to attend the City Council Meeting at City Hall due to COVID-19. The meeting can be viewed via a link posted to the City of Star website at staridaho.org. This link will be posted by Tuesday, May 19, 2020. Information on how to attend the public hearing remotely will be posted shortly. The public is always welcome to submit comments in writing. ---PAGE BREAK--- MINUTES 10-1-2019 1 Star City Council Meeting Minutes October 1, 2019 The regular meeting of the Star City Council was held on October 1, 2019 at Star City Hall, 10769 W. State Street, Star, Idaho. Mayor Charlten Bell called the meeting to order at 7:00 pm and all stood for the Pledge of Allegiance. Roll Call: Councilmen David Hershey, Michael Keyes, Trevor Chadwick and Kevin Nielsen present. Approval of the Agenda: Chadwick moved to approve the agenda; Hershey seconded the motion. Keyes asked that Item 9 Reports be moved to before Item 8 Executive Session. Chadwick amended his motion to approve the agenda as amended, Hershey seconded the motion. All ayes: motion carried. Consent Agenda: Chadwick moved to approve the Consent Agenda consisting of: Regular Meeting Minutes of September 17, 2019 with modification to the minutes on page 4 which needs to say “the Commissioners will meet with the City the 1st of October”; Claims against the City for September 2019; Final Plat for American Star, Phase Findings of Fact & Conclusions of Law for Greiner’s Hope Springs Subdivision, Tarrytown Subdivision, Star Storage, and Stonecrest Subdivision, Nielsen seconded the motion. Keyes stated on the meeting minutes on page 2 it says he asked if the project complied with our 14% open space and it should say 15% open space; and regarding the American Star discussion it says streetlight design shall be submitted to Council prior to approval of the final plat application and they have the final plat application but they haven’t seen the streetlight design and there is a check list of verification and he checked with staff as to whether they had been addressed. Nickel stated yes to the check list and the applicant had submitted standards for lights with down lighting. Keyes noted in the Greiner Subdivision public hearing there was discussion regarding putting dark sky lighting in the development agreement and he didn’t see any of that. Nickel stated the development agreement would come back in a separate meeting. In the Tarrytown Subdivision under history of previous actions it’s calling the property as a 9,010 acre property and it should say 9.010 acre property. In the Stonecrest Subdivision the applicant agreed to stipulate in the D.A. that the project would comply with an architectural overlay district that the City would adopt within ninety days and that language needs to be added as well. All ayes: motion carried. Presentations/Public Input: PERSI – Mike Hampton: Mike Hampton, Deputy Director for Persi, introduced himself and Donald Drumm the Executive Director. Hampton stated they were here to give the Council some background on what Persi is, how to get into the program, what the benefits are, and what the long-term ramifications can be upon entering the program. He reviewed the requirements the City must meet to start, who would be eligible, the application and set up process, the employer/employee contributions, and the various retirement payout methods. The employee ---PAGE BREAK--- MINUTES 10-1-2019 2 contribution is always the employees even if they leave employment; but the City contribution always stays in the trust. He noted once the City is in the plan it is hard to get out – it is a long- term commitment. Discussion was held on the Persi program being a competitive recruiting tool, the contribution rates, the fact all employees must participate, different situations for several employees, accommodating paper payroll through Quickbooks, vesting timelines, and the possibility the City may want to wait to see what new legislation is being proposed. Republic Services – Rachele Klein: Rachele Klein, 2130 Franklin Road, Boise, Idaho, reviewed some background history of services Republic Services has provided to the City, their safety standards and truck driver training. She noted they are an environmental conscience company and currently run natural gas trucks in Star and are looking at bringing in electric trucks. They have partnered with the City on many events as well as with the Fire and Police Departments. Klein reviewed statistics for services in Star with over 3,500 households using services. Klein presented their composting program and asked if there was any interest; it could be implemented in the City as early as fall 2020. Committee Reports: Dana Partridge, Activities Committee Chairman, stated they would be meeting tomorrow and would be going over the Hometown Celebration activities and will be brainstorming Trunk and Treat night to be held October 26, 2020. Chip Sitton, Beautification Committee member, thanked the Mayor and Council for attending the Star Mercantile recognition ceremony and they have chosen Blake Trailers for their fourth quarter recipient to be recognized on the 23rd. The Committee is in the process of getting bids for the dog park. The Mayor noted they need budget numbers and designs for the dog park, not actual bids as they haven't approved an actual design and the City will have to put out the actual request for bids. Public Input: Richard Girard, 675 N. Ramey Creek, Star, Idaho stated he is concerned with traffic on Highway 44 and asked about the signal light at Plummer Road and Highway 44. The Mayor stated they have reached the number of houses in Heron River and it is now in the hands of ACHD to install. Girard stated he is also concerned with traffic enforcement in Star and requested more enforcement on Highway 44. The Mayor assured him they do enforce speed limits and he would share his concerns with the Police Chief. Old/New Business: Ordinance No. 297 Moon Valley Development: Chadwick asked staff if they got the corrections in the development agreement regarding the land use schedule. Nickel stated they had. Nielsen moved that pursuant to Idaho Code, Section 50-902, the rule requiring an Ordinance to be read on three different days, with one reading to be in full be dispensed with and that Ordinance No. 297 be considered after reading once by title only, Hershey seconded the motion. Roll Call: Hershey – aye, Keyes – aye, Chadwick – aye, Nielsen – aye: motion carried. ---PAGE BREAK--- MINUTES 10-1-2019 3 Chadwick moved to approve Ordinance No. 297, an ordinance of the City of Star, Idaho rezoning certain real property located in the City of Star, commonly described as 7575 W. Moon Valley Road, Star, Idaho; from Residential (R2) to a Multiple Use (MU) zoning designation with a development agreement (MU-DA); owned by M3 ID Moon Valley LLC; amending the zoning map of the City of Star to reflect such changes; and providing an effective date, Keyes seconded the motion. All ayes: motion carried. Honey Bee Ordinance Discussion: Nielsen explained they had a citizen who provided a model ordinance to provide for the keeping of bees in the City limits and sets some parameters for doing so. Nielsen stated he recommended modifying the enforcement section by removing the City Clerk as doing evidentiary investigation as we have access to County resources for this. Chief Vogt was asked to comment and he explained they do not police bees and only became aware of the bee situation due to a citizen complaint. His only concern was with what is the recourse for someone extremely allergic to bees. Following a discussion on enforcement, it was noted the intent is to give our officers wide discretion in handling situations, and they are looking to strike Section 2-6-7(D) and only have Section 2-6-7(A - Richard Lenhard, 44 S. Devon, Star, Idaho, stated he was the one to bring the ordinance to the Council and stated less than two percent of the population have extreme allergic reactions and they usually carry an EPI pen. He noted honey bees are not as aggressive as wasp and hornets. When asked, Lenhard stated he had reviewed the ordinance changes and felt they were reasonable. Keyes stated he felt the ordinance was a good start and would like to gather some input from the public. Mayor Bell stated this will come back for a public hearing and asked citizens to submit any comments to them before the hearing. Resolution 2019-10 MOU with Star Sewer & Water District: Discussion held regarding property annexing into the Star Sewer and Water District being required to annex into the City of Star, and that they would need to be contiguous in order to annex. Nielson moved to approve Resolution No. 2019-10, the Memorandum of Understanding with the Star Sewer and Water District, Chadwick seconded the motion. All ayes: motion carried. Ordinance No. 299 Destocki Annexation & Zoning: The Mayor stated this is the Ordinance approving the Destocki annexation and Zoning. Nielsen moved that pursuant to Idaho Code, Section 50-902, the rule requiring an Ordinance to be read on three different days, with one reading to be in full be dispensed with and that Ordinance No. 299 be considered after reading once by title only, Chadwick seconded the motion. Roll Call: Hershey – aye, Keyes – aye, Chadwick – aye, Nielsen – aye: motion carried. Nielsen moved to approve Ordinance No. 299, an ordinance annexing to the City of Star certain real properties located in the unincorporated area of Canyon County, Idaho; more specifically at 23189 N. Can Ada Road and contiguous to the City of Star; establishing the zoning classification of the annexed property as Residential (R4) of approximately 3.97 acres; directing that certified ---PAGE BREAK--- MINUTES 10-1-2019 4 copies of this Ordinance be filed as provided by law; providing for related matters; and providing for an effective date, Keyes seconded the motion. All ayes: motion carried. Comp Plan Map Discussion: The Mayor stated this discussion item was requested by the City Planner and turned the time over to Shawn Nickel. Nickel explained the City of Meridian is concerned with our designation of the property south of the river to the County line. He asked for guidance from the Council regarding future discussions with Meridian's planners and if they would consider changing our designations to match Meridians designations. Chadwick stated he was not willing to change our approved Comp Plan to match Meridian's yet to be approved Comp Plan; this area is proposed as a commercial area for the City. He stated he will be meeting with Joe on Friday and they will discuss where Meridian is going with this; and he will then bring back their discussion to the Council. Nickel pointed out the County will not approve our plan till they come to agreement. Mayor Bell pointed out they have had Commissioners approve an overlap area of impact in the past. Discussion held in which it was suggested having landowners involved and it was felt they need to sit down and have a discussion with Meridian as they may not be aware that this is a big commercial component for the City. Reports: Staff: Nickel stated he is finishing Chapter 3, and will have chapters 1, 2, and 3 to Council to review for the workshop. Workshops are planned for October 17 and 21, 2019 at 6:00 p.m. Council: Hershey stated he would be unavailable for a few weeks. Keyes noted Make Star Shine Day will be in November and he would like to see the Council participate. Chadwick stated they have invited ACHD Commissioners to come on October 10th to ride around and see where some of the challenges are in the City. He invited everyone to participate. Nielsen stated he had a conversation with Mr. Weston regarding the placement of playground equipment in Hunter’s Creek Park and they will be meeting October 10th at 9:00 a.m. Mayor: Mayor Bell encouraged everyone to participate in Trunk n Treat and noted the Mayor’s Youth Committee will be doing games. He attended the Treasure Valley Partners Meeting where they discussed the gap of services for the mentally ill. Executive Session under Idaho Code 74-206(1)(b) Review of Human Resource Issues and 74-206 Real Property Acquisition: Chadwick moved to enter Executive Session; Keyes seconded the motion. Roll Call: Hershey – aye, Keyes – aye, Chadwick – aye, Nielsen – aye: motion carried. Executive Session Decision: Council came out of Executive Session at 9:45 p.m. and no action was taken. ---PAGE BREAK--- MINUTES 10-1-2019 5 Adjournment: The Mayor adjourned the meeting at 9:50 pm. Approved by: Respectfully submitted: Charlten Bell, Mayor Kathleen Hutton, Deputy City Clerk ---PAGE BREAK--- MINUTES 4-21-20 1 Star City Council Meeting Minutes April 21, 2020 A regular meeting of the Star City Council was held on April 21, 2020 at 7:05 pm at Star City Hall, 10769 W. State Street in Star, Idaho. Mayor Trevor Chadwick called the meeting to order and all stood for the Pledge of Allegiance. Roll Call: Councilman Kevin Nielsen was present. Councilwoman Jennifer Salmonsen, Councilmen David Hershey and Michael Keyes were present by logging in through ZOOM. Approval of the Agenda: Keyes moved to approve the agenda; Nielsen seconded the motion. All ayes: motion carried. Approval of the Agenda: Keyes moved to approve the consent agenda consisting of regular meeting minutes of January 21, 2020, February 4, 2020, and March 3, 2020; special meeting minutes of March 16, 2020, March 23, 2020, and March 25, 2020; claims against the City for March 2020; alcohol licenses for Bi-Mart, Bobby Jean’s, El Mariachi Loco, Helina Marie’s, Maverik, Rustic Table LLC, Star Mercantile, Sully’s LLC, The Beer Guys Saloon, and Westside Pizza; Proclamations for Week of the Young Child and Star Arbor Day; Final Plats for files FP- 20-05 Moon Valley Subdivision Phase 2, FP-20-02 Stonecrest Subdivision, and FP-20-06 Trapper Ridge Subdivision Phase 2; Findings of Fact & Conclusion of Law for Torchlight Estates Subdivision AZ-20-01/PP-20-01, M&M/J&E Properties RZ-20-01/PUD-20-01, Northwest Development Co. – State Street/Seneca Springs AZ-20-02/DA-20-01/CU-20-02, and Jeremy Telford Rezone – 10580 & 10474 W. State Street – RZ-20-02, Nielsen seconded the motion. Keyes addressed several corrections consisting of his name misspelled on March 25, 2020 meeting minutes in the fifth paragraph; some bills may not be in correct categories and may need to be reviewed; on several of the liquor license renewal some items were not checked off as received and would like staff to be sure all items are received before license given to the business; ITD’s report for Moon Valley stated they will withdraw their objection if the developer puts in the right turn lane on Highway 44 and Nickel stated they will put it in. Salmonsen noted several concerns regarding the Stonecrest Final Plat, on the bottom of the first page it says September 17, 2020 and should say September 17, 2019, asked if they had heard from ACHD or ITD regarding the Stonecrest Subdivision to which Nickel stated ACHD would not sign until developer meets all their requirements and the developer is working with ITD on their requirements, and stated she didn’t see anything requiring approval from the Fire Department and Nickel stated he would add condition number 18 that they will comply with the Fire Department requirements. Salmonsen asked about a late letter from Keller Associates and Nickel stated at final plat they would give us a check list in place of a letter. Salmonsen asked how the $3,000.00 was determined in condition ten; the Mayor explained ITD determined it. Nickel stated in the future there will be language for this being a standard condition. Keyes amended his motion to include the amendments, Nielsen seconded his motion to include amendments. All ayes: motion carried. Old/New Business: ---PAGE BREAK--- MINUTES 4-21-20 2 Allied Waste Service Amendment – Rachele Klein explained the amendment for waste collection is an extension to the existing contract with Republic Services. Changes include three variable cart rates, the rates being based on the amount of trash being collected, and there will be a new rate for composting. She noted they are working toward getting an electric truck for the driver in Star. Salmonsen asked if the request for extending the contract for seven years was a standard length of time. Klein stated it is actually a shorter time than other cities which is usually seven to ten years due to the cost of equipment and updating equipment. Keyes moved to approve the contract with Allied Waste Services with the changes indicated; Hershey seconded the motion. Nielsen questioned the green recycling as to where the site might be, and the Mayor stated he would get with Klein to discuss. All ayes: motion carried. MOU – Canyon County Registration Fee – Jeff Barnes, Deputy Public Works Director for Canyon County Highway District No. 4, explained they are proposing a $25.00 registration fee and discussed three different ways to get the measure on the ballot for November for citizen approval. They feel this is an equitable way to fund roads by having users pay for maintenance and improvements and as growth occurs the dollar amount will increase. They are asking the City of Star for a signature of support tonight. Discussion was held regarding the dollar amount, how it will be distributed, what City’s are in support of the MOU, and what the fees will be used for. Salmonsen asked about the current agreement between the City and Canyon Highway District No. 4 and the Mayor explained there currently was no agreement. Keyes moved to approve the Memorandum of Understanding; Nielsen seconded the motion. All ayes: motion carried. The Mayor stated they will sign the MOU in support of their request. ITD Intergovernmental Agreement – Mayor Chadwick explained this agreement would allow the City to collect development fees as established by ITD through the means of development agreements when working with landowners and developers. This will be the first of its kind in the State for such an agreement. He noted they are trying to get growth to pay for growth. Hershey stated he was in support and especially of Section II and III which assures funds will be expended for the benefit of the taxpayers of the City of Star. Keyes stated he felt this was a great step forward for Star, especially with the work done on ECAMP, with the ACHD facility ordinance, and with work being done to establish impact fees on the Canyon County side. Keyes moved to approve the Intergovernmental Agreement between the Idaho Transportation Department and the City of Star; Hershey seconded the motion. Nielsen stated he is pleased with the agreement and the work that has gone into it and feels this is a historic day for the City. Salmonsen stated she feels this will be a great tool and is in support; and asked about Section II number 6 regarding sidewalk improvements. The Mayor explained the funds will be used for road improvements as well as sidewalk improvements where identified. All ayes: motion carried. Western Alliance Membership – Tina Wilson, Executive Director, explained the Western Alliance is a non-profit that is a collaborative effort between Cities and Counties regarding business and community development. If the City joins the City will be involved at the Executive Committee level. Their focus currently is doing a lot of work on disaster recovery with COVID-19. She reviewed membership fees and explained the City’s membership dues have been reduced to $9,000.00 for fiscal year 2021 and if they pro-rated on a basis starting in May it is $750.00 a month. An invoice would be put out for five months in May for $3750.00 and then in October they would invoice for $9,000.00 as they generally invoice just ---PAGE BREAK--- MINUTES 4-21-20 3 once a year. Wilson explained some of the projects she has been involved in for other cities for business expansion. She stated she would like to do an inventory of property in Star to see what businesses would be possible, will need to look at what Star desires, and look at business retention. Nielsen asked how she would plan to execute the City’s economic development plan and Wilson stated she had read the plan, had some ideas, and would be working with Nickel on some long-term goals. When asked, Wilson stated she has been able to obtain some grants for other cities and would consider finding grants for the City and explained the process. She noted the Alliance prefers the City’s administer the grants, though she can help set them up. Hershey asked if for 2021 would they consider splitting the payments to which Wilson stated they can do, though she would need to run it by her Board. Discussion was held on the make-up of Western Alliance, her salary and flexibility of hours. She stated she could set up a regular schedule to meet with City staff, development services, and the Chamber to get direction and give updates. Keyes stated he felt it would be of value for this year and believed there was money in the budget for economic development. Hershey stated he would support joining but would like to split dues into two six-month payments to evaluate benefits. Nielsen stated he felt it is a good idea but was concerned Wilson was only one person and involved with so many organizations. He agreed it would be a good idea to split the payment in 2021 and would be in support of an initial trial period. Nielsen moved to engage Western Alliance for the remainder of this fiscal year and to review for the 2020-2021 fiscal year; Keyes seconded the motion. All ayes: motion carried. Wilson asked Nielsen when he would like to get together and give her some direction. Nielsen stated he felt it was up to the Mayor to reach out to her. Moon Valley Estates Subdivision AZ-20-06/PP-20-03/DA-20-02-MOD – (Table Indefinitely – originally table from 3-17-20) and Moon Valley Commons Subdivision PP-20-05/DA-20-02- MOD – (Table Indefinitely – originally tabled from 3-17-20) – Mayor Chadwick asked Chris Yorgason, Legal Counsel, if they needed to re-open the public hearing in order to table the application. Yorgason stated they did not need to re-open the public hearing and they could table both applications with one motion. Keyes moved to table Moon Valley Estates Subdivision AZ- 20-06/PP-20-03/DA-20-02-MOD and Moon Valley Commons Subdivision PP-20-05/DA-20-02- MOD indefinitely; Nielsen seconded the motion. All ayes: motion carried. Reports: Council – Keyes stated he attended meetings with the Mayor and with COMPAS regarding why Star continues to be under counted. He attended the Star Sewer and Water District Board meeting and construction for the new well is going well. He noted he would like to see the third quarter budget numbers. Salmonsen stated she attended an Air Quality Board Meeting and asked about the status of the light at Plummer Road and State Street. Nielsen stated his committees had not met due to COVID-19 and asked the Mayor if he planned to let the Declaration of Emergency expire. Mayor – The Mayor stated he would let the Declaration expire until he got direction from the Governor on April 30, 2020. He has had phone meetings with agencies three times a week and numbers seem to be down. He had talked with a Central District Health representative and ---PAGE BREAK--- MINUTES 4-21-20 4 probably would remove the barriers at the park soon. Regarding the light at Plummer Road, he will get an update and the goal is to start in May. Regarding the budget, he anticipates a budget reduction and possible delay with property taxes in June. In discussions for cutbacks at City Hall, they will not be hiring a planner, are holding off hiring a PR person, will not be hiring any seasonal park workers, and he has asked Park Maintenance to review their budget and prioritize needs. He noted building permits seem to be up and not slowing down. The Mayor stated they are not accepting any applications for the planning department due to no gatherings for neighborhood meetings. He thanked Dana Partridge for getting information out and communicating with the public and thanked the citizens in Star for coming together during this time. He announced the Deputy City Clerk will be retiring the end of the month and thanked her for her service to the City. Chadwick stated he will continue working with emergency services during this pandemic time. Adjournment: The Mayor adjourned the meeting at 8:35 pm. Approved: Respectfully submitted: Trevor A. Chadwick, Mayor Kathleen Hutton, Deputy City Clerk ---PAGE BREAK--- MINUTES 05-05-2020 1 Star City Council Meeting Minutes May 5, 2020 The regular meeting of the Star City Council was held on Tuesday, May 5, 2020 at 7:09 pm at Star City Hall, 10769 W. State Street in Star, Idaho. Mayor Trevor Chadwick called the meeting to order and all stood for the Pledge of Allegiance. Roll Call: Councilman Kevin Nielsen was present. Councilmen Michael Keyes and David Hershey, and Councilwoman Jennifer Salmonsen were present via ZOOM. Approval of the Agenda: Keyes motioned to approve the agenda. Nielsen seconded the motion. All ayes. Motion carried. Consent agenda: The Mayor asked for any discussion. Salmonsen – First, she noticed there were items in the category of refunds and asked if they should go back into the account they were originally billed for versus refunds. The Mayor answered that we need to track it as a refund because we will need to have the income showing as an expense. Secondly, she had a question about Recreation Today. The Mayor spoke of Blake Park, stating that during an inspection there were several cracked slide pieces that we are required to replace. Thirdly, Salmonsen asked if Premier Plumbing was a new plumbing inspector. The Mayor replied that they may have been substituting for an inspector who was out. Keyes motioned to approve. Salmonsen seconded. All ayes. Motion carried. Presentations/Public Input: Presentation by Ada County Highway District (ACHD). Director Bruce Wong, presenting along with Stacey Spencer. Presented a highlight of who they are, what they do, some of their responsibilities and how they integrate with their city partners. Introduced their elected leadership and gave an ACHD ‘101” overview on history and specifics of the district. In summary, they regionally maintain, improve and rebuild - not “just a road department.” They regionally and collaboratively integrate each city’s specific land use strategy into transportation reality, and consistently engage the public. The Mayor asked if there were any questions from Council. Keyes – Mentioned that part of the reason for this presentation came about from a meeting that Mayor Chadwick and Keyes had with Wong’s staff and Commissioner May that had to do with establishing an Adequate Facilities Ordinance. Keyes expressed interest in pursuing this and asked if Wong could recap the timing that was discussed by his staff about what it would take to accomplish this and what the City could do to accelerate that and address interim status. Wong replied with a little back history that things did not go well in the past and it isn’t something one city can start and work through by themselves, it takes a collaborative effort between all cities, ACHD, and Ada County Commission leadership. He believes their Commissioner to be on board but it’s a very process and requires a firm understanding of what is already entitled, finding out what is required, and how much of its annual budget would be used. Wong believes that while it is difficult, it is but we need to be prepared for the long haul. Keyes stated they discussed taking interim action and would be interested in starting conversations with his staff and getting information that is actionable. He mentioned what inspired this, is what the ACHD and the ---PAGE BREAK--- MINUTES 05-05-2020 2 City of Kuna were going through Last winter that created a gap between them and acknowledged that the City of Star would like to address the issues of those gaps. Wong complimented the relationship they currently have with the City of Star and stated he would like to be a partner. The Mayor asked Wong to go back to the two public forums for the integrated 5-year work plan and asked if he had the dates. Wong responded that he didn’t have them but would get them sent to us. He believed they have completed the first one of each, completed in early March. Spencer confirmed that the first one was in March and the second is usually not scheduled until July. Wong confirmed that he would make sure the City is aware. If everything goes well, Phase Four will end around June 23. The Mayor asked if Wong could expand on what impact fees can be used for because of a misinterpretation among the general public. Wong replied that they could not be used for known efficiencies. They can be used for congestion management, intersections and widening of roadways. He gave an example of the Linder Bridge project that they are doing in Eagle, where they are widening Linder from 2 to 5 lanes, which will incorporate widening 3 bridges. Impact fees cannot pay for removal of current roads, bike lanes or most sidewalks, those would have to come out of the general fund. They also must match impact fees that they use with the general fund revenue, so it’s a balance of the general fund with impact fees. As general fund revenue declines, the ability to use impact fees also decline. One of the worst things that can happen is that they have impact fee revenue in the bank and not immediately putting it back into road structure. There is both a state statute and constitutional statute on how impact fees are addressed and used, and Wong said that he will get a summary of all the plusses and minuses of impacts fees to The Mayor this week. The Mayor asked if there was a classification of roads who can’t use impact fees. Wong replied that they could not be used on locals or arterials. Spencer confirmed arterials. Old/New Business: A. Public Hearing: Whitener Rezone and PUD – tabled indefinitely They will have to do a workshop, scheduled for May 19, 2020. Hershey motioned to table indefinitely, Keyes seconded. All ayes. Motion carried. B. Public Hearing: Landyn Village Subdivision – tabled indefinitely They have an access issue. Keyes motioned to table indefinitely, Hershey seconded. All ayes. Motion carried. C. Public Hearing: Ryken Subdivision – Tabled to June 2, 2020 Will be tabled to June 2 when they can have a public hearing. Keyes motioned to table to June 2, Hershey seconded, All ayes. Motion carried. Reports: Police Chief Jake Vogt - Gave an update on the river status. He spoke with the Boise River Water Master and the river flows passing Star are approximately 250 CSF (cubic feet per second), which is low, so they don’t expect any need for flood control. They are actually having concerns about filling reservoirs. Vogt addressed the questions of when it will be safe to recreate in the river. While he is not ever comfortable about saying it’s safe, due to it being a naturally flowing river with constant changes, it is currently at the flow stage where it normally is in the summer and there are no concerns at this time. ---PAGE BREAK--- MINUTES 05-05-2020 3 The Mayor stated that they are not putting up any signage like they did last year because it’s not necessary. The water is just cold. Chief confirmed that the water temperature is high 40s and advised people to be aware that it’s very chilly. Hershey - The Solid Waste Advisory committee met, and Ada County has a new Director of Operations. Hershey will be meeting with them to discuss Star and any concerns we may have. Also, the Food Bank has the summer lunch program coming up. They believe they will be unrestricted by the time it happens, however, they are in need of wipes, such as Lysol and Clorox. Everything else has been canceled or tabled. Keyes – Director Wong had talked about the work planning meeting in March. Keyes was there along with a member of the transportation committee and they were pretty far along with their drafts for projects that they wanted to submit to the ACDH, so they had conversations with staff about getting them into that plan and adding some urgency. Also, Keyes has been working with the transportation committee to reclassify arterials. Many of them reached the threshold that would allow a reclassification and once they are classified, they are eligible for impact fee money. Star seems to be at the top of the list in not having arterials, so he’d like to see that get fixed. Salmonsen – Nothing to report. Nielsen – Nothing to report. Shawn Nickel – Nothing to report The Mayor – Responded regarding a question in the last meeting about Plummer Light. He received confirmation that Power Plus will be on site to start the project on June 1, with a completion target date of mid-July. Introduced Meredith Hudson as the new Deputy City Clerk. The Mayor and Nickel had a meeting with Fish and Game regarding the River Walk and they are making plans to stock ponds for fishing at no cost to the City and are working on other plans for the park concept. The Mayor reminded everyone to please fill out their Census, and its importance for state funding. Also, reminded everyone to vote, adding that an absentee ballot is the only way we can vote this year. Adjournment: The Mayor adjourned the meeting at 8:07 pm. Approved: Respectfully submitted: Trevor A. Chadwick, The Mayor Meredith Hudson, Deputy City Clerk ---PAGE BREAK--- FILE # FP-20-07 REUNION SUBDIVSION, PHASE 4 1 CITY OF STAR LAND USE STAFF REPORT TO: Mayor & Council FROM: Shawn L. Nickel, City Planner MEETING DATE: May 19, 2020 FILE FP-20-07 Reunion Subdivision Phase 4 REQUEST Applicant requests approval of the Reunion Subdivision Final Plat, Phase 4. The Reunion Subdivision is generally located south of Floating Feather, west of Star Road and north of State Street in Star, Idaho. Ada County Parcel #S0407131560. APPLICANT/OWNER/REPRESENTATIVE Owner Applicant Representative Challenger Development Shawn Brownlee Wendy Shrief P.O. Box 369 Trilogy Development JUB Engineers Meridian, ID 83680 9839 W. Cable Car Dr., Ste. 101 250 S. Beechwood Ave, Ste. 201 Boise, Idaho 83709 Boise, Idaho 83709 PROPERTY INFORMATION Land Use Designation: Residential (R-3) Acres: 14.01 (Final Plat – Phase 4) Residential Lots: 56 Common Lots: 9 Commercial: N/A HISTORY February 19, 2001 Annexation & Zoning Request – Withdrawn July 23, 2001 Annexation, Zoning & Comprehensive Map Amendment Approved January 4, 2002 Two Lot Splits Approved April 15, 2002 Approval of Preliminary Plat/Planned Unit Development for Pristine Meadows Subdivision January 1, 2003 Time Extension Granted ---PAGE BREAK--- FILE # FP-20-07 REUNION SUBDIVSION, PHASE 4 2 May 8, 2004 Conditional Use Permit for Pond Granted May 18, 2004 Final Plat, Phase 1 Approved May 3, 2005 Time Extension May 3, 2005 Amended PUD for Pristine Meadows Approved – Kastera Development Purchased Property December 20, 2005 Amended Final Plat, Phase 1 & 2 November 7, 2007 Time Extension Granted July 15, 2008 Time Extension Granted May 11, 2011 Time Extension Granted August 9, 2011 Development Agreement for 10-acre school site/impact fee reduction November 2, 2012 First Amended DA – reduced school site to 8.5 acres – 307 impact fees to be removed June 28, 2013 Second Amended DA – Land Exchange – Pavilion property now City park; Roseland property now Elementary School site. Corey Barton Development Purchased Property May 11, 2014 Time Extension Granted May 11, 2016 Time Extension Granted May 16, 2017 Reunion Subdivision Phase I, Final Plat was approved. November 20, 2018 Reunion Subdivision Phase II, Final Plat was approved July 16, 2019 Reunion Subdivision Phase III, Final Plat was approved. GENERAL DISCUSSION The Applicant is requesting approval of the Final Plat, Phase 4 of the Reunion Subdivision consisting of 56 residential lots and 9 common lots. This subdivision is in FEMA Zone X; outside the 500-year floodplain. No special permits are required. Special setbacks were requested with this subdivision but have become standard conditions with the adoption of the Unified Development Code on November 2, 2011. Landscaping as required by the Unified Development Code, Chapter 4, Section B-7-C-3 Street Trees; the minimum density of one tree per thirty-five (35) linear feet is required. The landscaping plan submitted does not meet this requirement. This condition may be met by the developer by installing trees in the front yards of each lot. A revised landscape plan shall be submitted for review and approval prior to final plat signature. (Please see “Treasure Valley Tree Selection Guide”, as adopted by the Unified Development Code.) Irrigation will be provided by the Middleton Mill Ditch Company. The Flake Ditch and Drainage District No. 2 are also a part of the overall subdivision irrigation/drainage system. Streetlight design shall be the same and continuous throughout the subdivision. ---PAGE BREAK--- FILE # FP-20-07 REUNION SUBDIVSION, PHASE 4 3 SITE SPECIFIC DISCUSSION In review of the application, staff finds that per the Unified Development Code, the Reunion Subdivision, Final Plat – Phase 4 is in significant compliance. The Unified Development Code states that the final plat shall be in substantial compliance with the approved or conditionally approved preliminary plat, notwithstanding the following changes: 1- The number of buildable lots is the same or fewer; 2- The amount of common open space is increased; 3- The amount of open space is relocated with no reduction in the total amount; 4- The number of open space lots has been increased; or 5- The transportation authority has required minor changes. AGENCY NOTIFICATIONS Notification of this application was sent to agencies having jurisdiction. The following agencies responded: April 21, 2020 Idaho Dept of Water Resources Flood Zone Documents March 24, 2020 Keller and Associates Checklist Review May 1, 2020 West Ada School District` Standard Letter FINDINGS The Council may approve, conditionally approve, deny or table this request. In order to approve this Final Plat, the Unified Development Code requires that Council must find the following: A. The Plat is in conformance with the Comprehensive Plan. Staff finds that this subdivision upon Preliminary Plat approval was in conformance with the Comprehensive Plan; no changes have been made to change this status. B. Public services are available or can be made available and are adequate to accommodate the proposed development. Staff finds that all public services are available and able to accommodate this development. C. There is public financial capability of supporting services for the proposed development. Staff has not received information from agencies having jurisdiction reflecting any financial ---PAGE BREAK--- FILE # FP-20-07 REUNION SUBDIVSION, PHASE 4 4 hardships that would prevent services from being provided. D. The development will not be detrimental to the public health, safety or general welfare; and, Staff has not received facts to support that this subdivision phase will be detrimental to the public health, safety or general welfare. E. The development preserves significant natural, scenic or historic features. Staff finds that existing conditions have not changed from the approved Preliminary Plat of this subdivision. CONDITIONS OF APPROVAL 1. Applicant/Owner/Developer shall comply with all statutory requirements of all applicable agencies and Districts having jurisdiction in the City of Star, including the City Engineer. 2. The Final Plat shall comply with all received comments from the City Engineer prior to signature of the plat by the City. 3. The property shall be satisfactorily weed abated at all times, including future phases, preventing a public nuisance, per Star City Code Chapter 3, Section 3-1-1 through 3-1-7. 4. Mylar’s/final plats must include the statement supporting the “Right to Farm Act” as per Idaho Code Title 22, Chapter 45. 5. Development standards for single family residential units shall comply with effective building and zoning requirements at time of building permit issuance. 6. The Mylar of this final plat shall be signed by the owner, Surveyor, Central District Health, ACHD and City Engineer, prior to being delivered to the City of Star for City Clerk’s signature. 7. All common areas shall be maintained by the Homeowner’s Association. 8. Streetlights shall be continuous throughout the subdivision and shall be maintained by the Home Owners Association. Streetlights shall be installed prior to any building occupancy. 9. The Applicant/Owner shall comply with the City of Star Unified Development Code regarding landscaping, both internal buffers and frontages. (See Section 8-4 B Landscaping Requirements.) A revised landscape plan shall be submitted to the City prior to signature of the final plat showing one tree per thirty-five (35) linear feet to be installed in the front yards of each residential lot. 10. The applicant shall provide the City with a written Certificate of Completion that all landscaping and amenities have been installed in substantial compliance with the City approved landscape plan. The certification shall be prepared by the licensed landscape architect responsible for the landscape plan. 11. A letter from the US Postal Service shall be given to the City prior to final Mylar signature stating the subdivision is in compliance with the Postal Service. 12. A form signed by the Star Sewer & Water District shall be submitted to the City prior to final mylar signature stating that all conditions have been met. 13. A sign application shall be submitted to the City for any subdivision signs. 14. The applicant shall provide a sign, to be located at all construction entrances, indicating the rules for all contractors that will be working on the property starting at ---PAGE BREAK--- FILE # FP-20-07 REUNION SUBDIVSION, PHASE 4 5 grading and running through home sales that addresses items including but not limited to dust, music, dogs, starting/stopping hours for contractors (7a.m. start time). Sign shall be approved by the City prior to start of any construction. 15. Applicant shall provide the City with one full size copy, one 11”x17” copy and an electronic pdf copy of the as-built irrigation plans, prior to any building permits being issued. 16. Applicant shall provide the City with two full size copies, one 11”x17” copy and an electronic pdf copy of the signed recorded final plat with all signatures, prior to any building permits being issued. 17. Applicant shall provide the City with one copy and an electronic pdf copy of the recorded CC&R’s, prior to any building permits being issued. 18. Applicant shall provide the City with one full size copy and an electronic pdf copy of the final, approved construction drawings, prior to any building permits being issued. 19. Any other conditions the Council deems necessary. COUNCIL DECISION The Star City Council File #FP-20-07 Reunion Subdivision, Final Plat-Phase 4 on 2020. ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- FILE # FP-20-08 AMAZON FALLS SUBDIVSION FINAL PLAT PHASE 1 1 CITY OF STAR LAND USE STAFF REPORT TO: Mayor & Council FROM: Shawn L. Nickel, City Planner MEETING DATE: May 19, 2020 FILE FP-20-08 Amazon Falls Subdivision Phase 1 REQUEST Applicant requests approval of the Amazon Falls Subdivision Final Plat, Phase 1. The Amazon Falls Subdivision is generally located north side of Hwy 44, east of Hwy 16 in Star, Idaho. Ada County Parcel #R3720000160. APPLICANT/OWNER/REPRESENTATIVE Owner Applicant/Representative AF Investments, LLC Chris Todd 880 E. Hubbard Road Green Mountain Resources and Planning Kuna, ID 83634 53 N. Plummer Road Star, Idaho 83669 PROPERTY INFORMATION Land Use Designation: Residential (R-13) Acres: 15.2 Acres Residential Lots: 46 Common Lots: 6 Commercial: TBD - Future Phases Total Residential Units 184 Units (4-Plex Units) HISTORY June 19, 2018 Annexation and Zoning (AZ-18-04) & Preliminary Plat (PP-18-04) approved by City Council (north property) November 20, 2018 Annexation and Zoning (AZ-18-09) & Development Agreement (DA-18-02) approved by City Council (Commercial portion of property) ---PAGE BREAK--- FILE # FP-20-08 AMAZON FALLS SUBDIVSION FINAL PLAT PHASE 1 2 GENERAL DISCUSSION The Applicant is requesting approval of the Final Plat for phase 1 of Amazon Falls Subdivision consisting of the residential portion of the development. The phase includes 46 lots that will each include a 4-plex unit, with an overall buildout of 184 residential units. Prior to issuance of the first building permit, the applicant shall submit a Certificate of Zoning Compliance (CZC), at which time staff will review the details of the development including building elevations, setbacks, heights, open space and amenities, parking, fencing and streetlights. Wrought iron fencing is required adjacent to the ditch on the west side of the property, unless it has been tiled. Streetlight specifications have not been submitted as part of this application. Staff will place a condition requiring streetlight plan submittal and approval prior to signature on the final plat. As part of the CZC, the applicant shall be required to submit a sign application to address internal, directional signs and any other signs proposed. Landscaping as required by the Unified Development Code, Street Trees; the minimum density of one tree per thirty-five (35) linear feet is required. The landscaping plan appears to meet this requirement as submitted. (Please see “Treasure Valley Tree Selection Guide”, as adopted by the Unified Development Code.) All private streets within the development are required to be constructed to ACHD standards. The City Engineer will be required to sign off on all private streets. The City Engineer will require testing results from an independent testing lab to document street construction. This is not required prior to moving forward with construction. If the testing lab signs off on the test results, construction may move forward. Prior to sign off on the final plat, the applicant shall submit a copy of all subbase, base and pavement records, including compaction and thickness results to the City Engineer. The submitted final plat meets the conditions of approval for the approved preliminary plat application. SITE SPECIFIC DISCUSSION In review of the application, staff finds that per the Unified Development Code, the Amazon Falls Subdivision Final Plat, Phase 1, is in substantial compliance. The Unified Development Code states that the final plat shall be in substantial compliance with the approved or conditionally approved preliminary plat, notwithstanding the following changes: 1- The number of buildable lots is the same or fewer; 2- The amount of common open space is increased; ---PAGE BREAK--- FILE # FP-20-08 AMAZON FALLS SUBDIVSION FINAL PLAT PHASE 1 3 3- The amount of open space is relocated with no reduction in the total amount; 4- The number of open space lots has been increased; or 5- The transportation authority has required minor changes. AGENCY NOTIFICATIONS Notification of this application was sent to agencies having jurisdiction. The following agencies responded: July 17, 2019 Keller and Associates Approval Letter (listed as Phase 2) April 17, 2020 Central District Health Standard Letter May1, 2020 West Ada School District Standard Letter May 4, 2020 Dept of Environmental Quality Standard Letter FINDINGS The Council may approve, conditionally approve, deny or table this request. In order to approve this Final Plat, the Unified Development Code requires that Council must find the following: A. The Plat is in conformance with the Comprehensive Plan. Staff finds that this subdivision upon Preliminary Plat approval was in conformance with the Comprehensive Plan; no changes have been made to change this status. B. Public services are available or can be made available and are adequate to accommodate the proposed development. Staff finds that all public services are available and able to accommodate this development. C. There is public financial capability of supporting services for the proposed development. Staff has not received information from agencies having jurisdiction reflecting any financial hardships that would prevent services from being provided. D. The development will not be detrimental to the public health, safety or general welfare; and, Staff has not received facts to support that this subdivision phase will be detrimental to the public health, safety or general welfare. E. The development preserves significant natural, scenic or historic features. Staff finds that existing conditions have not changed from the approved Preliminary Plat of this subdivision. ---PAGE BREAK--- FILE # FP-20-08 AMAZON FALLS SUBDIVSION FINAL PLAT PHASE 1 4 CONDITIONS OF APPROVAL 1. Applicant/Owner/Developer shall comply with all statutory requirements of all applicable agencies and Districts having jurisdiction in the City of Star, including the City Engineer. 2. The Final Plat shall comply with all received comments from the City Engineer prior to signature of the plat by the City. 3. The property shall be satisfactorily weed abated at all times, including future phases, preventing a public nuisance, per Star City Code Chapter 3, Section 3-1-1 through 3-1-7. 4. Mylar’s/final plats must include the statement supporting the “Right to Farm Act” as per Idaho Code Title 22, Chapter 45. 5. Development standards for single family residential units shall comply with effective building and zoning requirements at time of building permit issuance, unless otherwise approved. 6. The Mylar of this final plat shall be signed by the owner, Surveyor, Central District Health, ACHD and City Engineer, prior to being delivered to the City of Star for City Clerk’s signature. 7. All common areas shall be maintained by the Homeowner’s Association. 8. Streetlights shall be continuous throughout the subdivision and shall be maintained by the Home Owners Association. Streetlights shall be installed prior to any building occupancy. A streetlight plan shall be submitted for approval by the Administrator as part of the required Certificate of Zoning Compliance application. 9. The Applicant/Owner shall comply with the City of Star Unified Development Code regarding landscaping, both internal buffers and frontages. (See Section 8-4 B Landscaping Requirements.) One tree per thirty-five (35) linear feet to be installed in the front yards of each residential lot. 10. The applicant shall provide the City with a written Certificate of Completion that all landscaping and amenities have been installed in substantial compliance with the City approved landscape plan. The certification shall be prepared by the licensed landscape architect responsible for the landscape plan. 11. A letter from the US Postal Service shall be given to the City prior to final Mylar signature stating the subdivision is in compliance with the Postal Service. 12. A form signed by the Star Sewer & Water District shall be submitted to the City prior to final mylar signature stating that all conditions have been met. 13. A sign application shall be submitted to the City for any internal or subdivision signs. 14. The applicant shall provide a sign, to be located at all construction entrances, indicating the rules for all contractors that will be working on the property starting at grading and running through home sales that addresses items including but not limited to dust, music, dogs, starting/stopping hours for contractors (7a.m. start time). Sign shall be approved by the City prior to start of any construction. 15. Applicant shall provide the City with one full size copy, one 11”x17” copy and an electronic pdf copy of the as-built irrigation plans, prior to any building permits being issued. ---PAGE BREAK--- FILE # FP-20-08 AMAZON FALLS SUBDIVSION FINAL PLAT PHASE 1 5 16. Applicant shall provide the City with two full size copies, one 11”x17” copy and an electronic pdf copy of the signed recorded final plat with all signatures, prior to any building permits being issued. 17. Applicant shall provide the City with one copy and an electronic pdf copy of the recorded CC&R’s, prior to any building permits being issued. 18. Applicant shall provide the City with one full size copy and an electronic pdf copy of the final, approved construction drawings, prior to any building permits being issued. 19. Any other conditions the Council deems necessary. COUNCIL DECISION The Star City Council File #FP-20-08 Amazon Falls Subdivision, Final Plat- Phase 1 on 2020. ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- Page I 1 Commercial Lease Agreement WHEREAS the City of Star, Idaho owns a sports field concession/food service facility located at Hunter's Creek Park and at 1500 North Star Road in Star, Idaho; and WHEREAS the City of Star is in need of a tenant occupant of said facility to engage in food service operations and to serve Star community members and visitors who use the City of Star park and sporting facilities; and WHEREAS Tiffany Pollock has formed Star Sugar Shack, LLC for the purpose of providing food service and to do business as Star Sugar Shack at the City of Star concession facility; and WHEREAS the City of Star desires to lease said facility to Star Sugar Shack, LLC toward the aforementioned purposes and Star Sugar Shack, LLC and its owners desire to lease said facility from the City of Star for the term, at the rental, and upon the covenants, conditions and provisions herein; and WHEREAS it is in the collective interests of the City of Star and its citizens, and Star Sugar Shack, LLC to cooperatively benefit from the economic development, general commerce and the service to the community that such a facility can provide; NOW THEREFORE in consideration of the mutual promises herein contained and other good and valuable consideration, the City of Star and Star Sugar Shack, LLC hereby agree: 1. Parties to the Agreement This Commercial Lease Agreement ("Lease") is made and effective 15 March, 2020, by and between the City of Star, Idaho ("Landlord") and Star Sugar Shack, LLC, 11536 W. Pristine- brook Drive, Star, Idaho 83669 ("Tenant") owned and operated by Tiffany Pollock, 11536 W. Pristinebrook Drive, Star, Idaho 83669 (“Owner") which Tenant-Owner shall do business as Star Sugar Shack, LLC. These parties to this agreement are referred to henceforth in this agreement as the "Parties". Landlord is the owner of land and improvements commonly known and numbered as 1500 North Star Road Star, Idaho 83669 and legally described as follows (the "Facility"): The 30 ft by 30 ft center portion of a concrete block building to include its adjacent front and rear concrete patios and the rear shared trash collection site, along with current interior fixtures and equipment, but not to include the 10 ft. by 30 ft. public restroom facilities at either end of the building. While attached Men's and Women's restrooms are not included as a part of the Facility, Landlord shall grant Tenant unlimited and unrestricted access to the restrooms for use by Tenant, its agents and employees and shall provide a key to both restrooms pursuant to that access. An inventory of the initial fixtures is attached hereto as Exhibit which inventory may be amended from time to time upon agreement of the Parties. Landlord makes available for lease a portion of the Facility designated as the Hunters Creek Park Concession Stand (the "Leased Premises"), for the conduct of business by Tenant as an parks ---PAGE BREAK--- Page I 2 food and sundries service provider and concessionaire (the "Operation"). 2. Term A. Landlord hereby leases the Leased Premises to Tenant, and Tenant hereby leases the same from Landlord, on an annual basis to match the City of Star fiscal year (1 October through 30 September). The "Initial Term" shall commence 15 May, 2020 and end 30 September, 2020, Landlord shall use its best efforts to give Tenant possession as nearly as possible at the beginning of the Initial Term. If Landlord is unable to timely provide the Leased Premises, rent shall abate for the period of delay. Tenant shall make no other claim against Landlord for any such delay. B. During the Initial Term and subsequent extended term, the lease shall be in force for a combined three years. To the extent the Tenant is not able to generate sufficient business traffic and sales revenue during “Off-Season” months, rent shall continue to be paid. The Tenant is not required to have operations during the “Off-Season”. Any additional activities must be approved in advance by the Landlord. Off-Season (optional months) shall include the months of November, December, January, and February. C. Tenant agrees to present an annual report to the City of Star’s, City Clerk, not fewer than 60 days prior to the expiration of each lease year (prior to 1 August each year) to include a general discussion of the success of The Operation, forecasts for future performance of the Operation, and any plans for improvement or material changes to the Operation. Landlord agrees that while Tenant may provide specific insights into the financial health and performance of the Operation during this report, Tenant is not obligated to do so. D. Tenant shall have an option and the first right of refusal to renew the Lease for one additional one-year term after the original three years. Tenant shall exercise such renewal option, if at all, by giving written notice to Landlord not less than sixty (60) days prior to the expiration of the Initial Term. The renewal term shall be at the rental set forth below and otherwise upon the same covenants, conditions and provisions as provided in this Lease. E. Landlord and Tenant agree to negotiate in good faith toward additional and subsequent extension terms and Tenant shall maintain a first right of refusal for any subsequent extensions. The rental and other terms shall be re-negotiated prior to the execution of any subsequent extension after the first extended term. F. Landlord and Tenant agree that neither the Tenant nor any other party shall have use of the Leased Premises during the Hometown Celebration, customarily held on July 4 each year or date determined by the city for the Hometown Celebration. 3. Rental A. Tenant shall pay to Landlord during the Initial Term rental of US $1,800.00 per year, payable in installments of US $150.00 per month. Each installment payment shall be due in advance on the 1st day of each calendar month during the lease term to Landlord at City of Star, PO Box 130 Star, ID 83669 or at such other place designated by written notice from Landlord. The rental ---PAGE BREAK--- Page I 3 payment amount for any partial calendar months included in the lease term shall be prorated on a daily basis. B. The rental for any renewal lease term, if created as permitted under this Lease, shall be US $1,800.00 per year payable in installments of US $150.00 per month. C. Upon execution of this Lease, Tenant agrees to pay a refundable cleaning deposit of $600.00. 4. Use A. Notwithstanding the foregoing, Tenant shall not use the Leased Premises for the purposes of storing, manufacturing, or selling any explosives, flammables or other inherently dangerous substance, chemical, thing or device. Tenant shall not use the Premises for storing personal items other than items used in the course of doing business as a concessionaire. B. Tenant shall be permitted to conduct the business of the operation using any part of the Facility unless specifically prohibited or limited by Landlord. C. Tenant shall have the freedom to devise, promote, and provide with the expressed consent of Landlord new and alternative activities and events for the citizens of Star, Idaho and its visitors that utilize the Facility and promote business traffic for the Operation. D. Tenant's hours of operations shall comply with the Landlord's park rules, i.e. Tenant shall not operate outside the period from dawn to dusk without prior written approval of Landlord. E. Tenant is allowed to use the back-patio area for tables, chairs and canopy for customers. Grilling on the back-patio area is permitted. It is the responsibility of the Tenant to pressure wash the area every two weeks. F. Tenant may provide an automatic beverage dispenser outside of the facility. Tenant is solely responsible for the machine up to and including any acts of vandalism that may occur. Tenant shall be required to wipe down this dispenser daily. 5. Subletting or Assignment of Lease A. Tenant shall have the right, only upon Landlord's prior written consent, to assign this Lease to a corporation with which Tenant may merge or consolidate, to any subsidiary of Tenant, to any corporation under common control with Tenant, or to a purchaser of substantially all of Tenant's assets. Except as set forth above, Tenant shall not sublease all or any part of the Leased Premises or assign this Lease in whole or in part without Landlord's prior written consent. 6. Maintenance and Repairs A. During the Lease term, Landlord agrees to maintain the outside of the Facility as appropriate within City of Star Maintenance Department standard operating procedures. The City of Star Maintenance Department shall also maintain and repair the inside of the Facility ---PAGE BREAK--- Page I 4 including any City owned fixtures or appliances permanently affixed thereto prior to the execution of the lease (e.g. the water heater, HVAC system, and electric storage room heater) and any permanent improvements added to the Facility during the term of the Lease as agreed upon by the Parties. Repairs shall include such items as routine repairs of floors, walls, ceilings, sinks, natural gas and water plumbing, electrical wiring, heating and air conditioning, major mechanical systems or the roof and other parts of the Leased Premises damaged or worn through normal occupancy, and shall exclude extensive repairs precipitated by damage to the Facility or its fixtures through the actions or negligence of Tenant, subject to the obligations of the parties otherwise set forth in this Lease. B. Tenant agrees to manage the custodial/janitorial care of the interior of the Facility and shall make, at Tenant’s expense, all necessary repairs to the Leased Premises precipitated through Tenant's own actions or negligence including such repairs to the exterior of the Leased Premises. 7. Alterations and Improvements A. Tenant shall not modify, alter, remodel, redecorate, improve, or make substantially permanent additions to the Leased Premises without Landlord's expressed, written permission. Tenant may approach Landlord through the Star City Clerk's office for small projects, or through the Star City Council for larger projects for permission to make substantially permanent alterations or improvements, and may solicit Landlord for either payment in full or a negotiated, shared payment at Landlord's expense subject to Landlord's fiscal policies and processes. If Landlord approves the alteration but denies the request for payment, Tenant may undertake the alteration or improvement at Tenant's expense. B. Any fixtures installed by Tenant shall remain the property of Landlord. Any other alterations and/or improvements to the Leased Premises that are paid for by Tenant shall remain Tenant's property upon termination of the lease agreement or its subsequent extensions until such time as Landlord elects to compensate Tenant for said alterations or improvements. Alterations and/or improvements that are made either at Landlord's expense, or the expense of which is shared by the Parties shall become and remain the property of Landlord. The aforementioned stipulations notwithstanding, Tenant, upon the removal of any alteration or improvement paid for by Tenant, shall make every effort to leave Leased Premises in substantially the same condition in which Tenant originally secured Leased Premises-to the satisfaction of Landlord. C. Any and all alterations and/or improvements must be made in a workmanlike manner and utilizing contractors registered in the State of Idaho and using good quality materials. D. Tenant shall have the right with the general approval of Landlord to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the Leased Premises, and fasten the same to the premises to the extent Landlord agrees that said fastening does not at Landlord's discretion constitute a substantially permanent alteration or improvement. All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Tenant at the commencement of the Lease term or placed or installed on the Leased Premises by Tenant thereafter, shall remain Tenant's property free and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time during the term of this I ---PAGE BREAK--- Page I 5 Lease provided that all damage to the Leased Premises caused by installation or removal shall be repaired by Tenant at Tenant's expense. E. Landlord shall have the right to alter or improve the Leased Premises or to add trade fixtures, equipment and other temporary installations in and upon the Leased Premises at Landlord's expense at any time and as Landlord deems appropriate to the extent that the permanent alteration or improvement or the installation or storage of those temporary elements does not substantially interfere with or deter business operations of Tenant. F. Tenant shall be permitted to install and maintain at Tenant's expense a security surveillance system to include surveillance both inside and outside the Facility and a security alarm system. Keys or codes to security alarm system (if installed) shall be provided to the City of Star’s Maintenance Department. G. Tenant shall be permitted to install and maintain at Tenant's expense or an agreed upon split of the expense, and upon Landlord's prior approval additional exterior lighting that may be appropriate for the security of the facility or safe business operation in evening hours. Such permission for additional lighting is extended for the adjacent parking lot and any temporary structure permitted and constructed in accordance with Paragraph 11 below. 8. Insurance A. If the Leased Premises or any other part of the Facility is damaged by fire or other casualty resulting from any act or negligence of Tenant or any of Tenant's agents, employees or invitees, rent shall not be diminished or abated while such damages are under repair, and Tenant shall be responsible for all costs of repair not covered by insurance. B. Landlord shall maintain fire and extended coverage insurance on the Facility and the Leased Premises in such amounts as Landlord shall deem appropriate. Tenant shall be responsible, at its expense, for fire and extended coverage insurance on all of its personal property, including removable trade fixtures and equipment, located in the Leased Premises. C. Tenant and Landlord shall, each at its own expense, maintain a policy or policies of comprehensive general liability insurance with respect to the respective activities of each in the Building with the premiums thereon fully paid on or before due date, issued by and binding upon some insurance company approved by Landlord, such insurance to afford minimum protection of not less than US $250,000.00 combined single limit coverage of bodily injury, property damage or combination thereof. Landlord shall be listed as an additional insured on Tenant's policy or policies of comprehensive general liability insurance, and Tenant shall provide Landlord with current Certificates of Insurance evidencing Tenant's compliance with this paragraph. Landlord shall not be required to maintain insurance against thefts within the Leased Premises, building or patio areas. 9. Utilities A. Tenant agrees to pay for connections of telephone and internet (as may be required), and ---PAGE BREAK--- Page I 6 other services and utilities required by the Operation. B. Landlord wishes to keep utilities (garbage, gas, power, etc.) managed under its own account and Landlord elects to pay the amount due and separately invoice Tenant for Tenant's share of the charges. Tenant's share of the charges will be equal to the increased amount over and above the Landlord's historical charges. Tenant shall pay such amounts within fifteen (15) days of invoice. Tenant acknowledges that the Leased Premises are designed to provide standard restaurant use electrical facilities and standard restaurant lighting. Tenant shall not use any equipment or devices that utilize excessive electrical energy, or which may, at Landlord's reasonable discretion, overload the wiring or interfere with electrical services to other parts of the Facility. 10. Signage Upon Landlord's consent, Tenant shall have the right to place on the Leased Premises, at locations selected by Tenant, any signs which are permitted by applicable zoning ordinances and restrictions. Landlord may refuse consent to any proposed signage that is in Landlord's opinion too large, deceptive, unattractive or otherwise inconsistent with or inappropriate to the Leased Premises. Tenant shall repair all damage to the Leased Premises resulting from the installation or removal of signage installed by Tenant. A sign permit is required. 11. Entry Landlord shall have the right to enter upon the Leased Premises at any time to inspect the same, provided Landlord shall not thereby unreasonably interfere with Tenant's business on the Leased Premises. The City of Star Maintenance Team shall have access to the Facility at all times for the purposes of facility maintenance and repairs. 12. Facility Rules Tenant will comply with the rules of the Leased Premises adopted and altered by Landlord from time to time and will cause all of its agents, employees, invitees and visitors to do so; all changes to such rules will be sent by Landlord to Tenant in writing. 13. Damage and Destruction If the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall repair such damage at the expense of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased ---PAGE BREAK--- Page I 7 Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes. 14. Default If default shall at any time be made by Tenant in the payment of rent when due to Landlord as herein provided, and if said default shall continue for fifteen (15) days after written notice thereof shall have been given to Tenant by Landlord, or if default shall be made in any of the other covenants or conditions to be kept, observed and performed by Tenant, and such default shall continue for thirty (30) days after notice thereof in writing to Tenant by Landlord without correction thereof then having been commenced and thereafter diligently prosecuted, Landlord may declare the term of this Lease ended and terminated by giving Tenant written notice of such intention, and if possession of the Leased Premises is not surrendered, Landlord may reenter said premises. Notwithstanding, Landlord shall have, in addition to the remedy above provided, any other right or remedy available to Landlord on account of any Tenant default, either in law or equity. Landlord shall use reasonable efforts to mitigate its damages. 15. Quiet Possession Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder, Landlord will keep and maintain Tenant in exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the Leased Premises during the term of this Lease. Landlord acknowledges that while Tenant welcomes Landlord's suggestions and advice relative to the Operation of the Facility, Tenant reserves the right to conduct the specific activities and business of the Operation at Tenant's discretion and in its best judgement. 16. Condemnation If any legally, constituted authority condemns the Facility or such part thereof which shall make the Leased Premises unsuitable for leasing, this Lease shall cease when the public authority takes possession, and Landlord and Tenant shall account for rental as of that date. Such termination shall be without prejudice to the rights of either party to recover compensation from the condemning authority for any loss or damage caused by the condemnation. Neither party shall have any rights in or to any award made to the other by the condemning authority. 17. Notice Any notice required or permitted under this Lease shall be deemed sufficiently given or served if delivered in person, if delivered by e-mail and acknowledged (by reply of the other party) or if sent by United States certified mail, return receipt requested, addressed as follows: ---PAGE BREAK--- Page I 8 If to Landlord to: City of Star, C/O City Clerk PO Box 130, Star, ID 83669 If too Tenant to: Tiffany Pollock Star Sugar Shack, LLC, 11536 W. Pristinebrook Drive, Star, ID 83669 Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. 18. Waiver No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. One or more waivers by Landlord or Tenant shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. 19. Memorandum of Lease The Parties hereto contemplate that this Lease should not and shall not be filed for record, but in lieu thereof, at the request of either party, Landlord and Tenant shall execute a Memorandum of Lease to be recorded for the purpose of giving record notice of the appropriate provisions of this Lease. 20. Headings The headings used in this Lease are for convenience of the parties only and shall not be considered in interpreting the meaning of any provision of this Lease. 21. Successors The provisions of this Lease shall extend to and be binding upon Landlord and Tenant and their respective legal representatives, successors and assigns. 22. Consent Landlord shall not unreasonably withhold or delay its consent with respect to any matter for which Landlord’s consent is required or desirable under this Lease. Tenant acknowledges however, an exception existing whereby some requests of Landlord by Tenant may be subject to the due process of City of Star government and public meeting requirements of the State of Idaho. Such due process may occasionally precipitate a perceived, inordinate or unforeseen delay. ---PAGE BREAK--- Page I 9 23. Compliance with the Law Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Tenant's use of the Leased Premises. Landlord shall comply with all laws, orders, ordinances and other public requirements now or hereafter affecting the Leased Premises. 24. Final Agreement This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. 25. Governing Law This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Idaho. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. LANDLORD: City of Star TENANT: Star Sugar Shack, LLC Trevor A. Chadwick, Mayor Tiffany Pollock, Owner ATTEST Cathy Ward, City Clerk ---PAGE BREAK--- “EXHIBIT A” Inventory of Landlord’s initial fixtures at 1500 N. Star Road, Star, Idaho 1. Water Heater 2. Stainless Steel 3-Compartment Sink 3. Stainless Steel Employee Hand Washing Sink 4. Janitorial Mop Sink (shared with Maintenance Dept.) 5. HVAC system including wall-mounted thermostat 6. Electric, ceiling-mounted Storage Room Heater 7. Natural Gas Plumbing 8. Water and Sewer Plumbing 9. Electrical Wiring and Lighting Receptacles and Fixtures 10. Eight-foot Storage Room Shelving Unit 11. Stainless Steel Roll-Top Concession Window 12. Concrete Dumpster Barrier and Metal Gate 13. Vent Hood (yet to be installed) Page I 11 ---PAGE BREAK--- CITY OF STAR PARK RULES Alcohol and drugs are prohibited in all parks. The City assumes no responsibility or liability for injuries, theft or damage to person property. (i.e. vehicles) No foul language to be used. Any behavioral activity or conduct deemed inappropriate by city personnel is subject to removal from the property. Any person caught digging or destroying playing surfaces will be asked to leave. No playing or loitering in or around the restrooms. Vehicles parked in prohibited areas will be ticketed. No motorized vehicles are allowed in the parks other than city operated vehicles. No stakes are allowed in the ground without permission from the city. Climbing on fences, backstops and soccer goals are prohibited. Animals are prohibited in the park. The park is open dawn to dusk. To reserve fields or the entire park, please contact City Hall at 286-7247. Page I 12 ---PAGE BREAK--- 1 CITY OF STAR LAND USE STAFF REPORT TO: Mayor & Council FROM: Shawn L. Nickel, City Planner MEETING DATE: May 19, 2020 RE: UNIFIED DEVELOPMENT CODE AMENDMENT REQUEST The City of Star Planning Staff and City Council request amendments to the Unified Development Code. Details located in the attached document include: *Redlines added after March 11, 2020 City Council Workshop CITY COUNCIL UNIFIED DEVELOPMENT CODE AMENDMENT PUBLIC HEARING MAY 19, 2020 CHAPTERS: 1. a. Added 30-day review notice to agencies to review – (Page 6) b. Added language regarding reimbursements/costs associated with ITD (Page 11) c. Removal of some Comp Plan Amendment language (Page 14) d. Guesthouse/Granny Flat definition revised to match Specific Use Standards (page 39) e. Added Live/Work Definition (page 41) 2. No Changes 3. a. Added language to CBD for Multi-Family (page 57) b. Revised 8-3E-1 Mixed Use Timing and Ratios (page 58) c. Accessory structures revised in CBD & MU (page 60) d. Residential uses in the CBD changed to Prohibited except Multi-Family as CUP (page 61) e. Live/Work added as use in CBD & MU (page 61) f. Added Riding Arena or Stable, Commercial and Private page 63 ---PAGE BREAK--- 2 g. Removed Stable (page 63) h. Misc. classification changes as directed by Council (page 60-64) i. Remove Note 4 for Sidewalk measurement (page 66) 4. a. Reworded Mixed-Use ratio/phasing timing (pate 72) b. New Permitted/Prohibited Sign Exhibit – page 82 c. Added 8’ sidewalks along State Street in the CBD (page 84) d. Fireworks Stands- Remove 500 sq. ft. max size – page 96 & e. Changed Food Truck Vendor Permit to 1 year – page 101 f. Added “or development agreement” to Private Streets (page 102) g. Added exemption for approval of utility/infrastructure (page 102) h. Added Fire District approval to private street gates (page 102) i. Added Private Street Sidewalk Waiver (page 103) j. Changed Private “Roads” to “Streets (pages 102-104) 5. a. Renumbered Uses (pages 107-134) b. Added Live/Work Specific Use Standards (page 116) c. Added Commercial Riding Arena Standards (page 124) d. Changed Dwelling Unit, Secondary to Secondary Dwelling Unit (page 125) e. Grammar change to Central District Health (per M.K.) (page 125) 6. a. Added Access issues to Application Requirements (Page 136) b. Added minimum Public Street width requirement (page 143) c. 8-6B-3 Developer’s Responsibility – Homeowners Assoc. (page 145) d. Revised 8-6B-3: DEVELOPER'S RESPONSIBILITY: H-3-d SB “…Star City Code of or in the original CC&Rs…”.(per M.K.) (page 146) 7. a. Added Private street interconnectivity to 8-7-4-3 (page 148) 8. a. Signs i. Added Animated sign definition (page 152) ii. Menu Boards “Drive-Thru Added (page 160) iii. Off-Premises signs revised (page 160) iv. Signs Exempt From This Chapter revised page (171) v. Signs Not Requiring Permits revised page including removal of prohibition of flagpoles in back yards (page 173) b. Bike Parking Standards – Removed from Code per Council Workshop discussion ---PAGE BREAK--- 3 c. New redlines throughout Landscape Article D as reviewed by Council at our February 5th workshop d. Misc. Text removed throughout Section per City Attorney Review e. Added additional language for Certification of Completion of Landscaping (page 205) f. Added language to Landscaping Alternative Methods of Compliance (Page 210) ---PAGE BREAK--- 1 *PROPOSED CHANGES TO THE UDC ARE HIGHLIGHTED IN RED CHAPTER 1 ADMINISTRATION ARTICLE A. APPLICATION PROCESSING 8-1A-1: PURPOSE: 8-1A-2: DUTIES AND AUTHORITY: 8-1A-3: APPLICATION PROCESS: 8-1A-4: ADMINISTRATIVE PROCESS: 8-1A-5: PROCEDURES FOR HEARINGS ON ADMINISTRATIVE DECISIONS: 8-1A-6: PUBLIC HEARING PROCESS: 8-1A-7: TIME COMPUTATION: 8-1A-8: INDEFINITE DEFERRAL PROCESS: 8-1A-9: REQUEST FOR RECONSIDERATION: 8-1A-10: APPEAL; FORM AND CONTENT: 8-1A-11: FEES: 8-1A-1: PURPOSE: The purpose of this chapter is to set forth the roles, responsibilities, and processes in the administration of permits as authorized by this title consistent with Idaho Code section 67-6502 et seq., as amended. 8-1A-2: DUTIES AND AUTHORITY: A. Planning Administrator: The administrator shall be appointed by the mayor and confirmed by a majority of the city council as the administrative official for this unified development code. For the purpose of this Title, Planning Administrator shall also refer to their authorized planning staff. The administrator or his or her authorized staff shall administer and enforce this title and fulfill all the duties imposed by law including, but not limited to: 1. The administrator shall make interpretations in the enforcement and administration of this title including, but not limited to, those in this article and the following: a. Conduct investigations of structures and use of property, as are necessary, to determine compliance with the regulations of this title; b. Order the abatement of violations of this title and aid in prosecuting such violations; c. Withhold any zoning compliance certificates on any property where structures or uses are in violation of this unified development code; and d. Enforce penalties for violations in accord with this title. 2. The administrator shall provide information to the public on planning and zoning matters. 3. The administrator shall receive and examine all applications including, but not limited to, with the consent of the owner, enter upon any property to make examinations and surveys; maintain records of all materials and correspondence related to land use applications; transmit to outside agencies and provide written notice to surrounding property owners on all council hearings; ---PAGE BREAK--- 2 maintain land use records of the council hearings and actions thereon. By signing the required application(s), the owner provides consent for the administrator to enter their property for inspection. 4. The administrator shall transmit to the council all required applications related to this title. 8-1A-3: APPLICATION PROCESS: A. Application Requirements: 1. General requirements: Applications shall be on forms provided by the city and be accompanied by a fee as established by the city council. B. Determination of Completeness: 1. An application shall contain all information deemed necessary by the administrator and as required by this code. 2. Upon receipt of a complete application, the administrator will issue a notice of application acceptance and completion. Incomplete applications will not be accepted by the City. 3. The administrator shall begin processing the application once the application is deemed complete. 4. Except for applications requiring administrative review, once the application is complete, the City will notify the applicant in writing of the scheduled public hearing date. Scheduling of applications for public hearing shall be at the sole discretion of the administrator. 5. Pre-application meetings are required for all zoning applications. C. Request for City Council Review: An applicant, an affected person or a city council member may ask the city council to review any decision of the administrator by following the provisions set forth in section 8-1A-5. 8-1A-4: ADMINISTRATIVE PROCESS: A. The administrator and/or city council may recommend/require conditions of approval that are deemed necessary to protect the public health, safety, and welfare and prevent undue adverse impacts on surrounding properties. B. Where notice is required, the administrator shall notify all property owners of record (as listed in the current records of the county assessor) of time and place, and a summary of the application, within a minimum of three hundred feet (300') of the external boundaries of subject property. The administrator may determine, or other applications provided for in this title may require, that notice be sent to property owners of record whose properties are farther than the required minimum radius. 1. The following uses shall also require notice within one thousand feet (1,000’) of the property being considered: • Adult business/adult entertainment • Airport/aircraft landing field (public or private) ---PAGE BREAK--- 3 • Asphalt plant • Bar/tavern/lounge/drinking establishment • Chemical manufacturing plant • Concrete batch plant • Feedlot • Flammable substance storage • Junkyard • Manufacturing plant • Meatpacking plant • Mine, pit or quarry including accessory pit, requiring administrative or conditional use approval • Power Plant • Processing plant • RV Park • Salvage yard • Shooting range (outdoor) • Vehicle wrecking yard • Wireless communications facility C. Where notice is required, the administrator shall notify all pertinent agencies. D. The administrator shall provide the applicant written findings of fact and conclusions of law (written decision) in accord with Idaho Code section 67-6519 stating the reasons for the decision reached. All conditions of approval shall be attached to the written decision. E. Written notice of the administrator's decision shall be sent to the applicant. Any affected person(s) aggrieved by the administrator's decision may submit a written request for city council review in accord with section 8-1A-5. The administrator's decision is not final until the end of the fifteen (15) day appeal period. F. Affected Persons. An affected person is a person having a bona fide interest in real property which may be adversely affected by the approval, denial or failure to act upon an application for a subdivision, variance, special use permit and such other applications required or authorized by this Code. See Idaho Code Section 67-6521. 8-1A-5: PROCEDURES FOR HEARINGS ON ADMINISTRATIVE DECISIONS: A. Request for an Interpretation of an Ordinance: In the administration of this title, an interpretation of an ordinance may be made by the administrator. B. Requests for City Council Review of a Decision of the Administrator: All requests for review shall be filed in writing with the city clerk within fifteen (15) days after the written decision is issued. The request shall include the following information: 1. The decision being requested for review; 2. The name and address of the person requesting the review and their interest in the matter; and ---PAGE BREAK--- 4 3. The specific grounds upon which the request is made. C. Hearing Scheduled: The city clerk shall schedule the hearing before the city council at the next public hearing date, following the notice requirements provided by subsection 8-1A-6E. D. City Council: The city council, by majority vote, in reviewing the administrator's decision, may uphold, deny, amend or modify the decision by imposing additional or different conditions and limitations. 1. If the decision of the administrator is upheld, the city council shall issue a written decision stating the decision and the reasons for the decision. 2. If the decision of the administrator is overruled, amended or modified, the council shall issue a written decision and send the matter back to the administrator for action consistent with the council’s decision. E. Notification: Within ten (10) days, after a decision has been rendered by the city council, the administrator shall send a copy of the written decision to the individual requesting the city council review and the applicant, as may be applicable. 8-1A-6: PUBLIC HEARING PROCESS: A. The following applications require public hearings: Annexation and zoning, comprehensive plan text amendments, comprehensive plan map amendments, conditional use permits, floodplain text amendments, planned unit developments with preliminary plats, unified development code text amendments, vacations, variances, and zoning map amendments. B. Preapplication Meeting: Applications requiring a public hearing require a preapplication meeting with the administrator prior to holding a neighborhood meeting. C. Neighborhood Meetings: 1. Required: If a public hearing is required, applicants are required to hold a neighborhood meeting to present the proposed project to the neighbors, answer questions and receive comments prior to the submittal of an application. 2. Notice: It shall be the sole duty of the applicant to provide written notice of the neighborhood meeting to all property owners of record (to be obtained from the County Assessor’s office) within the radius required in subsection 8-1A-4B of this article. 3. Advance Notice and Timing of Meeting: Notice of the meeting shall be provided at least seven days prior to the meeting. The meeting shall be held not more than three months nor less than two business days prior to the submittal of an application. 4. Hours Stipulated for Holding Meeting: Neighborhood meetings shall start on Saturday between ten o'clock (10:00) A.M. and seven o'clock (7:00) P.M., or on a weekday between six o'clock (6:00) P.M. and eight o'clock (8:00) P.M. The meeting shall not be on a Sunday, a holiday, a holiday weekend, or on the day before a holiday or holiday weekend. 5. Location: Neighborhood meetings shall be held at one of the following locations: on the subject property; at the nearest available public meeting place including, but not limited to, a fire station, library, school, church or community center; or at an office space with suitable meeting facilities, if the facilities are within the corporate limits of the City of Star. ---PAGE BREAK--- 5 6. Written Verification: The application materials shall include a copy of the provided neighborhood meeting notice, a copy of the neighborhood radius list and map, and written verification of the neighborhood meeting, which shall include an attendance roster. D. Posting of Public Hearing Notice by Applicants: 1. All applicant shall post the subject property, except posting is not required for a unified development code text amendment and/or comprehensive plan text amendment. 2. Time: Not less than ten (10) days prior to the hearing, the applicant shall post a copy of the public hearing notice of the application on the property under consideration and provide an affidavit of posting, with dated photos, to the administrator. 3. Notice: a. Sign Material: The sign(s) shall consist of four foot by four foot x plywood or other hard surface mounted on two four inch by four inch x posts, or attached to another administrator approved support in such a manner that it is perpendicular to the roadway along which the sign is posted and the bottom of the sign is at least three feet above the ground. b. Purpose and Contents of Sign: Centered at the top of the four-foot by four-foot x signboard(s) in six-inch letters shall be the words "City of Star Public Hearing Notice". In addition, each sign will inform the public of the nature of the hearing, the date, time and address of the hearing location, detailed information of the proposal to be considered, a city contact number, the location of the development and the name of the applicant, and if applicable, the proposed development. Each sign shall be painted white, and the letters shall be painted black and shall appear on both sides. An example of this sign is set forth below: FIGURE 8-1A-6(a) PUBLIC HEARING NOTICE SIGN EXAMPLE ---PAGE BREAK--- 6 c. Sign Placement: The signs shall be posted on the land being considered along each roadway that is adjacent to the subject property boundaries. The sign(s) shall be located on the property, outside of the public right of way. If the sign cannot be placed on the property and still be clearly visible, the sign may be placed within the right of way if the applicant can obtain the consent of the owner of the right of way (ITD/ACHD). d. Proof of Posting: The applicant shall submit a notarized statement and a photograph of the posting to the city no later than seven days prior to the public hearing attesting to where and when the sign(s) were posted. Unless the certificate is received by such date, the public hearing will be canceled. e. Sign Removal: The signs shall be removed no later than three days after the public hearing for which the sign had been posted. f. Failure to post the property properly or within the required timeframe will result in cancelation of the public hearing and an additional posting which will be paid for by the applicant. E. Mailing and Publishing of The Public Hearing Notice: 1. Legal Notice: At least fifteen (15) days prior to the public hearing, the city shall publish a notice of the time and place and a summary of the application in the official newspaper of the city. 2. Radius: a. Time Of Notice: At least fifteen (15) days prior to the public hearing, the city shall send a notice by first class mail of the time and place, and a summary of the application to all property owners of record (to be obtained from the County Assessor’s office) within the radius required in subsection 8-1A-4B of this article. b. Notice to Other Jurisdictions: The administrator shall send notice of the application to other jurisdictions with interest and/or authority over the application, allowing thirty (30) days to respond, including, but not limited to, the following: Other jurisdictions with joint jurisdiction; Appropriate utility companies, irrigation companies or districts and drainage districts; Health and transportation authorities; and School districts. See Idaho Code 67-6511(2)(b) for statutory alternate forms of notice Staff reports will be available to the public five days prior to the public hearing. Letters from the public are required to be received by noon on the previous working day prior to the public hearing. Letters from agencies having jurisdiction are required to be received a minimum of seven days prior to the public hearing. F. Public Hearing: 1. Procedures for Legislative public hearings: Public hearings in legislative matters brought pursuant to requirements established by the Local Land Use Planning Act should take place after the City has provided notice as required by law. Prior to publishing notice of a legislative public hearing, a draft of the legislative proposal (Ordinance, Comprehensive Plan Amendment or Unified Development Code Amendment) should be prepared and be available for public inspection no later than the day the notice of public hearing is published. ---PAGE BREAK--- 7 2. Procedures For Quasi-Judicial Public Hearings: Quasi-judicial hearings involve site-specific decisions (such as rezoning specific property) as opposed to legislative hearings which require decisions that have a broad application (such as a change in the text of a comprehensive plan or zoning ordinance, which does not necessarily affect one specific parcel of land). Quasi-judicial public hearings should follow the order of events set forth below. a. Mayor/Council President or designee announces the item for Council consideration and opens the public hearing. The Council shall not begin deliberations until all testimony and evidence has been presented. No person shall be permitted to speak at a public hearing until such person has been recognized by the Mayor/Council President. If there is a question of "conflict of interest", as defined by Idaho Code section 67-6506, for any Councilmember, it shall be disclosed at the beginning of the hearing and, if the Council finds a conflict of interest exists, the disclosing Councilmember shall step away from the Council and not participate in deliberations or decisions for that item, and shall rejoin the Council after action on that item is concluded. Any information received by a Councilmember other than during the public hearing shall be disclosed at the beginning of the hearing. Any late-arriving reports or public input may cause a delay in the proceedings while council reviews the new information. b. Applicant describes the application and reasons it complies or does not comply with plans, ordinances and standards. c. The planning and zoning official or designee reports why the application complies or does not comply with plans, ordinances and standards. d. Individuals/spokespersons testify why an application complies or does not comply with plans, ordinances and standards. Speakers shall not be interrupted by the audience. Questions from the decision makers should be asked of the person testifying before that person leaves the podium whenever possible. Public officials, when recognized, shall be allowed to question the speaker and the speaker shall be limited to answer questions asked. The question and answer period shall not be included in the speaker's time limit. Any person not conforming to these procedures may be prohibited from speaking during a public meeting. Should any person refuse to comply with such prohibition, he or she may be removed from the room by order of the Hearing Officer. Testimony should be in the following order: i. Those testifying the application complies, ii. Those identifying subjects not discussed in the application, applicant's testimony or planning and zoning official report, iii. Those testifying the application does not comply, iv. Rebuttal testimony from the applicant. Decision-makers should ask any final questions. Only information from the record can be rebutted. If the applicant testifies ---PAGE BREAK--- 8 about new facts, then others testifying must be given an opportunity to respond to the new facts. e. The Chairperson/Mayor closes the public comment portion of the hearing by declaration or Commission/Council motion. f. Council deliberates toward a decision. Council may ask the planning and zoning official or designee questions during this time. g. The Council continues the matter for additional information or makes a verbal decision by majority vote, followed by a signed written decision that is legally considered a "final decision" that can be appealed by an affected person. The final decision should include a reasoned statement that explains the criteria and standards considered relevant, the relevant contested facts relied on, the rationale for the decision based on the applicable criteria and provisions of plans, ordinances or standards, pertinent constitutional principles and factual information contained in the record. h. The Council shall decide, an application is approved, approved with conditions, or denied. If denied, the Council shall identify what the applicant can modify in the application in order to be approved. i. When a final decision has been made, the City shall send a copy of the final decision by electronic mail, or first-class postage prepaid U.S. mail, to the applicant and to an affected property owner who has requested notice of the final decision. j. Applicants, or an affected property owner as defined in Idaho Code 67-6521, shall have fourteen (14) days after a final decision to request reconsideration by the final- decision maker, and must identify specific deficiencies in a final decision. Failure to request reconsideration may invalidate a subsequent judicial appeal. After considering the identified deficiencies, the final decision about the reconsidered request shall be issued and distributed to the applicant and to an affected property owner who has requested notice of the final decision. 3. If the council finds that it does not have sufficient information to make a decision, it may continue the public hearing. The council may also choose to conduct a study session with all parties of record to address questions and issues related to the application. 4. The council may require or recommend conditions of approval that it deems necessary to protect the public health, safety, and welfare and/or to prevent undue adverse impacts on surrounding properties. 5. After the public hearing is conducted, the council may approve, approve with conditions, deny, table to a date certain, or remand to the administrator, the application request. 6. The council action shall be made within seventy (70) days after receiving all information to make a decision or seventy (70) days from the last meeting where the application is considered if additional information is not needed. 7. The administrator shall provide the applicant written findings of fact and conclusions of law in accord with Idaho Code sections 67-6519 and 67-6535 stating the reasons for the decision ---PAGE BREAK--- 9 reached. Conditions of approval shall be attached to the written decision. 8-1A-7: TIME COMPUTATION: In computing any period of time prescribed or allowed by this title, the City shall count calendar days. The written decision date shall be the date of the hearing at which written findings are adopted by the city council. If no hearing is held on the matter, the written decision date shall be the date written notice of such decision is mailed to the applicant. 8-1A-8: INDEFINITE DEFERRAL PROCESS: When action on an application has been deferred indefinitely at the applicants' request, the applicant shall pay an additional fee to cover the cost of re-advertising before the application is scheduled for a public hearing. 8-1A-9: REQUEST FOR RECONSIDERATION: A. Unified Development Code: Any applicant or affected person seeking judicial review of compliance with the provisions of this section must first seek reconsideration of the final decision within fourteen (14) days, as required by Idaho Code 67-6535. To request reconsideration, an applicant or affected person must meet the following criteria: 1. The requesting party must have been a party in the underlying action in one of the following: the city; the property owner of the subject property; the applicant for the project; or other affected party; and 2. The request must be in writing, accompanied by the appropriate fee, and presented to the City no more than fourteen (14) calendar days after the council action and final decision have been rendered; and 3. The request must state a basis for the request and a brief statement of issues and decision that the requesting party is asking to be reconsidered; and 4. The request must include but is not limited to: the party requesting reconsideration has relevant information; and the relevant information was not previously presented and is in response to something brought up at the previous hearing; and the information was not previously available. B. Consideration: The council will consider the request and provide a written decision to the requesting party within sixty (60) days of receipt of the request for reconsideration. D. If the City Council Approves the Request: The requesting party must pay the fee for a new public hearing within ten (10) calendar days of council's reconsideration. If the payment is not made to the city clerk within the specified time frame, the city council shall be notified at their next regularly scheduled meeting and the request for reconsideration shall be rescinded. E. All Noticing Shall Be Done in The Same Manner As All Public Hearings: If the applicant for reconsideration is not the property owner, they may post the notice of hearing sign that is ---PAGE BREAK--- 10 required by ordinance in the right of way, if they have permission of the appropriate authority. The city council may waive this requirement, excepting publication costs. The city council shall consider all relevant facts regarding the reasons the property has not been properly posted and may direct any reasonable measures it wants to assure that the public has appropriate notice. The new hearing shall be conducted in the same manner as all public hearings. F. Public Hearing: The administrator will schedule a new public hearing for the application as allowed by this code and all noticing requirements shall be mandatory. The public hearing shall be limited to a discussion of the new information and the ultimate decision shall be a final action of the city council. No request for reconsideration may be accepted by the administrator on the decision of the city council from this hearing. G. Number of Requests: One request for reconsideration by any party as stated in subsection A1 of this section, may be sought on any project. 8-1A-10: APPEAL; FORM AND CONTENT: Any city council decision may be appealed to a court of appropriate jurisdiction in accordance with the procedures established in Idaho Code. 8-1A-11: FEES: In the application of fees for the review of permit applications, the following rules shall apply: A. Basis for Calculation: For any application involving more than one classification of a petition or application, the filing fee shall be the sum of the total fee(s) of each individual application(s). B. Fees Nonrefundable: Once an application has been deemed complete by the administrator and noticing has occurred, fees to be charged for the various procedures stated above are not refundable. C. Land Use Application Fees: Land use application fees shall be set and adopted by resolution of the city council. D. The applicant shall be responsible for all other additional review fees associated with the review of the application(s). This includes but is not limited to City engineer, legal and agencies having jurisdiction. The applicant shall also be responsible for any outside agency review fees. ---PAGE BREAK--- 11 ARTICLE B APPLICATION CRITERIA 8-1B-1: ANNEXATION AND ZONING; REZONE: 8-1B-2: CERTIFICATE OF ZONING COMPLIANCE: 8-1B-3: COMPREHENSIVE PLAN AMENDMENTS: 8-1B-4: CONDITIONAL USES: 8-1B-5: UNIFIED DEVELOPMENT CODE TEXT AMENDMENTS: 8-1B-6: VARIANCE: 8-1B-1: ANNEXATION AND ZONING; REZONE: A. Process: Annexation and Zoning or Rezone Initiated By Property Owner: The applicant shall complete a pre-application conference with the administrator prior to submittal of an application for an annexation and zoning and/or rezone. An application and fees shall be submitted to the administrator on forms provided by the city. B. Standards: 1. The subject property shall meet the minimum dimensional standards of the proper district. 2. The city may require a development agreement in conjunction with the annexation and zoning, or rezone, pursuant to Idaho Code section 67-6511A, which may include a concept plan. In addition to other processes permitted by city and state code, exceptions or waivers of standards, other than use, may be permitted through execution of a development agreement. A development agreement and concept plan shall be required for any rezone to a mixed-use zone, high density zone or land which includes steep slope (land over 25%) or floodway. 3. The termination of a development agreement shall result in the reversal of the official zoning map amendment approval and applicable development approval for any undeveloped portion of property subject to the development agreement. The undeveloped property subject to the development agreement shall be rezoned to the district classification as designated by the development agreement. When no designation is provided, the property shall revert to its original zoning or, if the original designation no longer exists, to the closest current equivalent zoning as determined by the current Comprehensive Plan Land Use Map designation. 4. An amendment or termination of a previously recorded development agreement shall be recorded in the office of the county recorder by the clerk. 5. An approved development agreement must be executed within ninety (90) days of the meeting at which the development agreement is approved by the city council. A one-time administrative extension of maximum thirty (30) days may be granted by the zoning administrator. Additional extensions may be approved by majority vote of the city council. Failure to execute the development agreement within the required timeframe will result in the denial of all related applications. 6. Applicant may be responsible to participate in reimbursement costs associated with traffic studies, in proportionate share contributions that may be established with transportation authorities, relative to traffic signals, access, and/or construction improvements associates with State Highways 16, 20/26 & 44. ---PAGE BREAK--- 12 C. Required Findings: The council shall review the application at the public hearing. In order to grant an annexation and zoning or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; 2. The map amendment complies with the regulations outlined for the proposed district; 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; and 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city. 5. The annexation (as applicable) is in the best interest of city. 8-1B-2: CERTIFICATE OF ZONING COMPLIANCE: A. Purpose: The purpose of the certificate of zoning compliance (CZC) is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of this title, and any applicable conditions of approval, before any work on the structure is started and/or the use is established. B. Applicability: These provisions apply to all requests for permits that involve construction, interior/exterior alterations and/or the change in or establishment of a new use. C. Process: A certificate of zoning compliance shall be issued by the administrator when there is a demonstration that the development complies with all provisions of this title, and any applicable conditions of approval. 1. No certificate of zoning compliance shall be issued for any use on a property in violation of this title or on a property that contains structures or uses in violation of this title. 2. The certificate of zoning compliance shall be invalid: a. If the certificate was secured in violation of a state or federal law; b. Upon violation of any regulations of this title on the subject property; or c. If the conditions of the certificate of zoning compliance have been violated. All further work shall cease on a project until the violation has been remedied. 3. Certificate of zoning compliances issued in conjunction with a proposed use shall expire if said use has not commenced within one year of the date of issuance of the certificate of zoning compliance. a. Certificate of zoning compliances issued in conjunction with construction or alteration of a structure shall expire if said construction or alteration has not commenced within one year of the date of issuance of the certificate of zoning compliance. b. The certificate of zoning compliance may require inspections and approvals specified in the approval of the application. D. Zoning Certificate Not Required: No zoning certificate shall be required for any of the following specified uses and structures when such uses are permitted in the district: 1. Lawful accessory uses, not requiring any other permit or license; 2. Lawful signs of a type for which no building permit and/or no sign permit are required. 3. Application is for a Conditional Use Permit. ---PAGE BREAK--- 13 E. Temporary Uses: A zoning certificate shall be required for temporary buildings, temporary display and retail sale of merchandise, model homes, and construction project trailers, activities, and/or uses incidental to the construction of a building or group of buildings on the same or adjacent premises. A zoning certificate shall also be required for seasonal uses fireworks stands, Christmas tree lots, fruit and vegetable stands marketing locally grown produce). Other uses which clearly are not associated with a holiday, the growing season, or a construction project may be considered for approval by the administrator. The timeframe for approval shall be determined by the administrator based on the specific use, not to exceed one year. F. Zoning Certificate Prohibited: No zoning certificate shall be issued, granted or approved for multi-family residential use, childcare facility, school, manufactured home community or mobile home park unless all irrigation ditches, laterals and canals crossing, intersecting and lying adjacent, or contiguous to, such uses are covered or fenced. Upon application, the council may waive this restriction in whole or in part if it is found that covering or fencing will not serve the public purpose in an individual case. 1. The proposed use shall not allow for placement of any structure, vehicle, sign, etc., within a vision triangle, required setback, required parking stall (except as permitted for temporary, outdoor display sale of merchandise), service drive area, dedicated trash dumpster location, sidewalk, or any other position on a lot which may interfere with vehicular or pedestrian circulation, or the normal functions of other uses on the property, or be potentially hazardous to the public. 2. The proposed use must be in conformance with the zoning district which it is proposed to be located in retail sales in a commercial zone). 3. The approval shall contain language stating that the certificate does not exempt the applicant from having to comply with regulations administered and enforced by other city, state, and federal agencies. 4. Uses which may not be considered for temporary approval. 5. No permit, except in the case of seasonal uses or uses incidental to construction, shall be issued for structures or uses which are intended to be placed upon unimproved property. 6. Seasonal uses shall: a. Obtain from the property owner a signed and notarized affidavit acknowledging that the applicant has the authority to use the property. b. Require that the property owner will be accountable for any debris or refuse left on the property more than three days after the applicant leaves the premises with the business and shall be responsible to pay any additional cleanup costs to the city. c. Moreover, an applicant who fails to clean the lot when the operation concludes shall be guilty of a misdemeanor as defined by Idaho Code section 18-113 (as amended). d. Revocation: Upon violation of any of the conditions or terms of the zoning certificates issued pursuant to this chapter, the administrator may cause the certification to be revoked. The administrator shall be authorized to revoke any zoning certificates issued by the city. e. Zoning Certificate, Lapse: A zoning certificate shall lapse and become void whenever the building permit or license either lapses or is revoked, or whenever the use of occupancy specified has ceased to exist or has been suspended for one hundred eighty (180) calendar days or longer. f. Time Extension: The administrator may grant a one-time extension not to exceed sixty (60) days. ---PAGE BREAK--- 14 8-1B-3: COMPREHENSIVE PLAN AMENDMENTS: A. Process: 1. Comprehensive Plan Amendment Initiated by The City: The city council may propose amendments to the comprehensive plan following notice and public hearing procedures in section 67-6509 of the Idaho Code. 2. Comprehensive Plan Amendment Initiated by A Property Owner: The applicant shall complete a preapplication conference with the administrator prior to submittal of an application for a comprehensive plan amendment. An application and fees shall be submitted to the administrator on application forms provided by the city. 3. Public Hearing: The city council shall conduct at least one public hearing in accordance with this chapter and in accordance with the procedures in section 67-6509 of the Idaho Code. B. Required Findings: The council shall review the application at the public hearing. In order to adopt a new comprehensive plan or grant an amendment to the existing comprehensive plan, the council shall make the following findings: 1. The proposed amendment is consistent with the other elements of the comprehensive plan. 2. The proposed amendment provides an improved guide to future growth and development of the city. 3. The proposed amendment is internally consistent with the goals, objectives and policies of the comprehensive plan and the comprehensive plan future land use map. 4. The proposed amendment is consistent with this unified development code. 5. The proposed amendment is in the best interest of the city of Star. 6. The proposed amendment includes a justification letter for the amendment addressing the following criteria and the Council finds that the amendment is in compliance with the stated criteria: a. A specific description of the change being requested. b. Specific information on any property(s) involved. c. A description of the condition or situation which warrants a change being made in the plan. d. A description of the public benefit(s) that would occur from such a change in the plan and an explanation of why the public would need any such benefit(s). e. An explanation of why no other solutions to the condition or situation, which warrants a change in the plan, are possible or reasonable under the current policies of the plan. f. A detailed list of all applicable comprehensive plan goals, policies, and objectives that the proposed change would help implement or policies that must also be amended as part of the proposed change. g. A proposed development plan for any land involved. if a specific development is planned at the time the request for the amendment is being made. h. An analysis showing the estimated impact that the proposed change is expected to have on existing and planned infrastructure. i. If the amendment will impact more individuals than the applicant submitting the ---PAGE BREAK--- 15 application a detailed description of the efforts made to inform other parties potentially impacted by the change of the application is to be provided. j. Any other data and information required by the city for their evaluation of the request. 8-1B-4: CONDITIONAL USES: A. Purpose: The purpose of this section is to establish procedures that allow for a particular use on a specific property subject to specific terms and conditions of approval. B. Applicability: The provisions of this section apply to all uses identified as conditional use within this title. In addition to other processes permitted by city and state code, exceptions or waivers of standards, other than use, may be permitted through issuance of a conditional use permit, development agreement or PUD. C. Process: 1. The applicant shall complete a pre-application conference with the administrator prior to submittal of an application for a conditional use. 2. A neighborhood meeting shall be held by the applicant pursuant to Section 8-1A-6C of this title. 3. An application and appropriate application fees shall be submitted to the City on forms provided by the city. 4. Prior to issuing the conditional use permit, the administrator may require additional information, including studies, concerning the social, economic, fiscal or environmental effects of the proposed conditional use. D. Standards: In approving any conditional use, the city council may prescribe appropriate conditions, bonds and safeguards in conformity with this title that: 1. Minimize adverse impact of the use on other property. 2. Control the sequence and timing of the use. 3. Control the duration of the use. 4. Assure that the use and the property in which the use is located is maintained properly. 5. Designate the location and nature of the use and the property development. 6. Require the provision for on site or off-site public facilities or services. 7. Require more restrictive standards than those generally required in this title. 8. Require mitigation of adverse impacts of the proposed development upon service delivery by any political subdivision, including school districts, that provides services within the city. E. Findings: The council shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. 2. That the proposed use shall meet the intent of the Star comprehensive plan and be in compliance with the requirements of this title. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not ---PAGE BREAK--- 16 adversely affect other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance as determined by the City. F. Time Limitations and Extensions: 1. A conditional use permit, upon council approval, shall be valid for a maximum period of twenty-four (24) months unless otherwise approved by the City Council. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. Once all requirements are satisfied, permits are acquired and the use is commenced, the conditional use permit will become permanent unless otherwise revoked by the city council. 2. A conditional use permit that also requires platting: The final plat must be recorded within this twenty-four (24) month period. a. For projects with multiple phases, the twenty-four (24) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval. If the successive phases are not submitted within the one-year interval, the conditional use approval of the future phases shall be null and void. 3. Time Extension. Upon written request and filed by the applicant prior to the termination of the period in accord with this subsection F, the administrator may authorize a single, administrative time extension to commence the use not to exceed one twelve (12) month period. The administrator may require the conditional use comply with the current provisions of this chapter. Additional requests must be approved by the council. a. Council approval of requests for time extension for an approved conditional use shall be determined by the city council at a public hearing and will not be granted if any of the following conditions exist: Significant amendments to the comprehensive plan or this unified development code have been adopted that change the basis under which the conditional use permit was granted. Significant changes in land use have occurred in the area that will impact or be impacted by the project. Hazardous conditions have developed or have been discovered that will impact the project. 4. Community facilities and/or services are no longer adequate to serve the project. a. The city council may place additional requirements, modify the previous approval or deny the request for time extension. b. No more than one-time extension may be granted to a single conditional use. G. Transfers and Modifications: ---PAGE BREAK--- 17 1. Conditional use permits are an entitlement to the specific property on which the approval was granted and upon property sale the entitlement transfers to the new owner(s) without further application or approval, provided, however, the new owner(s) shall be bound by the same conditions of approval as the original permit holder(s). This is for a specific use and may not be used for other applications. 2. A conditional use permit is not transferable from one property to another. 3. All requested modifications to an approved conditional use shall be considered by the city council at a public hearing. The city council may modify the conditions, limitations and/or scope of the permit. H. Revocation: 1. A conditional use permit may be revoked or modified by the city council, upon notice and public hearing, for breach or violation of any condition of approval or limitation of the permit. 2. If the city council decides to revoke a conditional use permit, either on its own action or upon complaint to the city council, the administrator shall notify the permit holder of its intention to revoke the conditional use permit and provide the permit holder with the opportunity to contest the revocation. 3. Fifteen (15) days' prior notice of the hearing shall be given to the permit holder and all property owners of record (to be obtained from the County Assessor’s office) within the radius required in subsection 8-1A-4B of this article. 4. The council shall make findings of fact and conclusions of law supporting its decision to revoke the conditional use permit. If the council decides not to revoke the conditional use permit, no findings of fact and conclusions of law shall be made. 5. An affected person may appeal the decision of the city council under the administrative procedure act of the state of Idaho, Idaho Code title 67, chapter 52. 8-1B-5: UNIFIED DEVELOPMENT CODE TEXT AMENDMENTS: A. Unified Development Code Amendment Initiated by A Property Owner: The applicant shall complete a pre-application conference with the administrator prior to submittal of an application for a unified development code text amendment. An application and fees shall be submitted to the administrator on forms provided by the city. B. Unified Development Code Amendment Initiated by the City: The city may initiate a code amendment with public notice as required herein. C. Required Findings: In order to grant a text amendment to this unified development code, the council shall review the proposed text amendment at a public hearing and make the following findings: 1. The text amendment complies with the applicable provisions of the comprehensive plan; 2. The text amendment shall not be materially detrimental to the public health, safety, and welfare; and 3. The text amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including. ---PAGE BREAK--- 18 8-1B-6: VARIANCE: A. Authority to Grant Variances: The council may authorize, in specific cases, such variance from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title would result in unnecessary hardship. No nonconforming use of neighboring lands, structures or buildings in the same district and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this title would result in unnecessary, non-financial hardship. B. Process: 1. The applicant shall complete a pre-application conference with the administrator prior to submittal of an application for a variance. 2. A neighborhood meeting shall be held by the applicant pursuant to Section 8-1A-6C of this title. 3. An application and fees shall be submitted to the administrator on forms provided by the city. C. Standards: The variance shall comply with Idaho Code section 67-6516. A variance may be considered as a waiver of development standards when associated with a conditional use permit, development agreement or planned unit development. D. Required Findings: In order to grant a variance, the council shall review the application at a public hearing and use its discretion to make the following findings: 1. The variance does not grant a right or special privilege that is not otherwise allowed in the district; 2. The variance relieves an undue hardship because of characteristics of the site, which must be other than financial in nature; and 3. The variance is not detrimental to the public health, safety, and welfare. ---PAGE BREAK--- 19 ARTICLE C. SURETY AGREEMENTS 8-1C-1: PROCESS: 8-1C-2: PENALTY FOR FAILURE TO COMPLETE CONSTRUCTION: 8-1C-1: PROCESS: A. The city may withhold building, electrical or plumbing permits, or certificates of occupancy on the lots or land being developed or subdivided, or the structures constructed thereon, if the improvements required under this title have not been constructed or installed, or if such improvements are not functioning properly. B. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Those improvements include water, sewer, power facilities, streetlights, parking lot paving and striping. C. In the event that an applicant and/or owner cannot complete the nonlife, non-safety and non- health improvements, such as landscaping, pressurized irrigation, street lights, fencing, and other site amenities, within the time specified in the final plat approval or prior to occupancy, a surety agreement may be approved in accord with the procedures set forth in this chapter. a. Landscaping and pressurized irrigation must be installed as soon as allowed by weather or other relevant conditions. b. Streetlights must be installed before any occupancy permit is issued for the development. c. For fencing or other site amenities, the applicant shall provide the City with copies of paid receipts indicating purchase and order of said amenities, along with a schedule date for delivery and installation. D. The amount of surety called for shall be equal to not less than one hundred fifty percent (150%) of the cost of completing the required improvements. The estimated cost for all items shall be provided by the applicant and reviewed and approved by the city engineer. E. The surety shall be in the form of an irrevocable letter of credit or a cash deposit. In all cases the surety shall be drawn solely in favor of, and payable to, the order of the city of Star, in accord with the regulations contained in the surety agreement by and between the guarantor and the city of Star. F. Where a surety is accepted by the city and deposited as provided by this article, the city may release temporary occupancy of a structure or structures. The term of the temporary occupancy shall be determined by the city engineer and/or administrator. The term shall not exceed ninety (90) days in length. A one-time administrative extension of maximum thirty (30) days may be ---PAGE BREAK--- 20 granted by the zoning administrator. Additional extensions may be approved by majority vote of the city council. G. Where a surety is accepted by the city and deposited as provided by this article, the surety shall be released subject to the following regulations: 1. The owner shall submit a written request to the city to return the surety. The request shall include the following documents: a. A statement from the owner that the required improvements are complete. b. Two complete sets of full-size prints of the as built plans and specifications for all improvements. 2. The city engineer and/or administrator shall verify and certify that the required improvements, as detailed in the surety agreement, have been installed. The as built plans shall be reviewed and approved by the city engineer. 3. Upon certification of the city engineer and the administrator, the city shall release the sureties heretofore deposited in the manner and to the extent as provided for in the surety agreement in accord with the regulations of this article. 8-1C-3: PENALTY FOR FAILURE TO COMPLETE CONSTRUCTION: In the event an applicant and/or owner shall, in any case, fail to complete the public improvements in the time period required, the city council may proceed to have such work completed and recover the city's costs by any legal means available, including pursuing the remedies provided by the financial guarantees. ---PAGE BREAK--- 21 ARTICLE D IMPLEMENTATION PROVISIONS 8-1D-1: PURPOSE: 8-1D-2: APPLICABILITY: 8-1D-3: INTERPRETATION: 8-1D-4: ERRORS IN LEGAL DESCRIPTIONS OF PROPERTY: 8-1D-5: REFERENCES: 8-1D-6: PRESERVATION OF PRIVATE PROPERTY RIGHTS: 8-1D-7: SAVING CLAUSE: 8-1D-8: VIOLATIONS: 8-1D-9: CODE ENFORCEMENT: 8-1D-10: CITY ABATEMENT OPTION AND ASSOCIATED CHARGES: 8-1D-11: PENALTIES: 8-1D-1: PURPOSE: A. Carry out the policies of the comprehensive plan by classifying and regulating the uses of property and structures within the incorporated areas of the city of Star; B. Establish districts within the city of Star in accord with the adopted comprehensive plan in conformance with Idaho Code section 67-6511; C. Provide standards for the orderly growth and development of the city of Star. As required by Idaho Code section 67-6511, such standards include, but are not limited to, those regulating: 1. The height, number of stories, size, design, construction, reconstruction, alteration, repair or location of structures. 2. Size, minimum lot dimensions, landscape buffers, size of required yards, and density of residential properties. 3. The use of structures and property; D. Ensure the most appropriate use of properties; E. Protect property rights and enhance property values; F. Provide a method of administration and prescribe penalties for the violations of regulations hereafter described as authorized by the constitution and laws of the state of Idaho; and G. Protect and promote health, safety and the general welfare of the public. ---PAGE BREAK--- 22 8-1D-2: APPLICABILITY: A. No person, company, or public agency shall construct, alter, move, or change the use of a structure or undertake any development unless: 1. The proposed use, structure, or division of property complies with this title. 2. Any required approval is first obtained as provided by chapter 1, "Administration", of this title, and any applicable conditions of approval are met. B. Nothing in this title shall eliminate the need for obtaining any other required permits, including, but not limited to, building permits, plumbing, electrical, or mechanical permits, grading permits, or any permit, approval, or entitlement required by other titles of this code, other political subdivisions of the state of Idaho, agencies of the state of Idaho, or federal agencies. C. All properties in the Star city corporate limits shall comply with the regulations of this title unless otherwise preempted by federal, state or municipal law. D. The prosecution of violations that occurred under previous land use regulations and that remain a violation under this title shall continue until resolved. 8-1D-3: INTERPRETATION: A. Language: 1. Terminology: When used in this title, all words used in the present tense shall include the future; words used in the singular number shall include the plural number and the plural the singular, unless the natural construction of the sentence indicates otherwise. The word "shall" is mandatory, and the word "may" is permissive. 2. Number Of Days: See section 8-1A-7 of this title. 3. Minimum Requirements: When interpreting and applying the regulations of this title, all regulations shall be considered to be minimum requirements, unless stated otherwise. Proposed uses shall comply with all applicable regulations and standards unless specifically exempt elsewhere in this title. 4. Defined Terms: Terms defined within this title shall have their defined meaning when used elsewhere in this title. For the purpose of readability and clarity, such terms are not shown in initial caps. 5. Section Headings: Section headings or captions are for reference purposes only and shall not be used in the interpretation of this title. 6. References: All references to state or federal laws and/or regulations shall refer to such laws and/or regulations as they may be amended over time. B. Measurements: 1. Structure height shall be measured in accord with the Star city building code as set forth in title 7 of this code. 2. Linear distance shall be measured in a horizontal line; it shall not be measured along an inclined surface or line. For uses that have a separation standard, the distance shall be measured from the nearest customer entrance of the proposed use to the nearest property line of the ---PAGE BREAK--- 23 specified use. The measurement is to be conducted in a radial fashion by the specified number of feet 300 feet, 1,000 feet). C. District Boundaries: Where uncertainty exists about the location of any district boundary shown on the official zoning map, the following rules shall be used to resolve the uncertainty: 1. Where a district boundary approximately follows a property line, such property line shall be construed as the district boundary. 2. Where a district boundary approximately follows a street, alley, or railroad line, such street, alley, centerline, or the extension of such line shall be construed as the district boundary. 3. Where a district boundary approximately follows a watercourse, the centerline of the watercourse shall be construed to be such boundary. In the event of a change in the watercourse shoreline, the boundary shall be construed as moving with the actual shoreline. 4. Where a district boundary does not obviously coincide with any of the above lines (property; street, alley, or railroad line; watercourse), or where it is not designated by dimensions, it shall be deemed to be located along the nearest section, quarter section, or sixteenth section line. D. Conflicting Regulations: 1. In case of conflict between the text and the maps of this title, the text shall prevail. 2. If conflicts occur between different regulations of this title, or between this title and other regulations of this code, the most restrictive regulation shall apply. 3. It is not intended that this title interfere with, abrogate, or annul any easements, covenants, or other agreements between parties; however, where this title imposes a greater restriction upon the use of structures or premises or upon the height of structures, or requires larger space than is imposed or required by ordinances, rules or regulations, or by easements, covenants, or agreements, the regulations of this title shall govern. E. Undesignated Uses: If a proposed use of property is not specifically listed in chapter 3, "District Regulations", of this title the use shall be prohibited, except as follows: the administrator may determine that a proposed use not listed in chapter 3, "District Regulations", of this title is equivalent to a principal permitted or conditional use. In making the determination, the administrator shall consider the following: 1. The impacts on public services and activities associated with the proposed use are substantially similar to those of one or more of the uses listed in the applicable base districts as allowed; 2. The proposed use shall not involve a higher level of activity or density than one or more of the uses listed in the applicable base districts as allowed; 3. The proposed use is consistent with the purpose of the district in which the use is proposed to be located; and 4. The proposed use is in substantial conformance with goals and objectives of the comprehensive plan. 8-1D-4: ERRORS IN LEGAL DESCRIPTIONS OF PROPERTY: Where a property has not been zoned because of an error in a legal description, the following shall apply: ---PAGE BREAK--- 24 A. If the error is caused by the city, the error shall be corrected and duly processed by the city as soon as the error is discovered. B. If the error is caused by the applicant and/or owner, the applicant shall provide a new legal description and will be responsible for all additional costs resulting from the error. 8-1D-5: REFERENCES: References in this title to other ordinances or codes of the city of Star and statutes of the state of Idaho are provided solely for the coordination of this title with such other ordinances and statutes. Any amendments to cited codes that are adopted subsequent to the adoption of this title shall be applicable to this title. 8-1D-6: PRESERVATION OF PRIVATE PROPERTY RIGHTS: A. This title shall be interpreted to equally protect citizens from the undue encroachment on their private property by their neighbors' use of their private property and equally protect each citizen's right to use of their property without creating undue burden upon their neighbors. B. In the administration of this title, every person shall be secure in their premises, and no employee of the city shall enter upon, investigate, or search any of the premises of any citizen without the consent of such citizen or order issued by a court of proper jurisdiction. For consent of an applicant with an active application with the City, please refer to Section 8-1A-2A C. Every citizen of Star city shall have the right to appear in person or be represented by their agent before the council in the proper order of business to appeal a decision pursuant to the procedures contained in chapter 1, "Administration", of this title. D. In the enforcement of this title, it shall be deemed to apply equally to each citizen and each property in similar circumstances and shall not be enforced to discriminate between one individual and/or another individual or other group as compared to all others. 8-1D-7: SAVING CLAUSE: Should any section, clause, or regulation of this title be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this title as a whole, or any part thereof, other than the part so declared to be invalid, each section, clause, or regulation hereof being declared severable. 8-1D-8: VIOLATIONS: A. It is a violation of this unified development code for any person to initiate or maintain or cause to be initiated or maintained the use of any structure, land or real property within the city of Star without first obtaining proper permits or authorizations required for the use by this title. B. It is a violation of this unified development code for any person to use, construct, locate, ---PAGE BREAK--- 25 demolish or cause to be used, constructed, located, or demolished any structure, land or property within the city of Star in any manner that is not permitted by the terms of any permit or authorization issued pursuant to this title or previous codes. C. It is a violation of this unified development code for any person to not comply with specific conditions of approval within any city adopted Findings of Fact and Conclusions of Law as stated in, but not limited to, a conditional use permit, final plat, or planned development, or within an approved administrative approval including, but not limited to certificate of zoning compliance, temporary use, design review, sign permit or home occupation, as set forth in this title. D. It is a violation of this unified development code to misrepresent any material fact in any application, plans or other information submitted to obtain any land use authorization as set forth in this title. E. It is a violation of this unified development code for anyone to fail to comply with the requirements of the development code, as set out in the specific sections of this title. F. It shall be unlawful and a violation of this unified development code for any person to use, construct, locate, initiate, alter or maintain any structure, land or real property, or cause any structure, land or real property to be used, constructed, located, initiated, altered or maintained in any manner which violates, omits, or fails to conform to any applicable procedure, standard, or requirement established by this title for the zoning district in which such structure, land, or real property is located. G. See 8-1D-11 Penalties. 8-1D-9: CODE ENFORCEMENT: A. Duty to Enforce: It shall be the duty of the administrator to interpret this title. 1. It shall be the duty of the administrator and/or designee to enforce the regulations of this title. The administrator or designee may call upon the services of the police, fire, parks or other appropriate city or other regulatory agencies or service provider including Idaho Transportation Department (ITD), Ada County Highway District (ACHD), irrigation districts or sewer and water districts, Central District Health Department, Department of Environmental Quality (DEQ), etc., to assist in enforcement. 2. It is the intent of this title to place the obligation of complying with its requirements upon the owner, occupier or other person responsible for the condition of the land and buildings within the scope of this title. B. Investigation: 1. The administrator or designee shall investigate any structure or use which he or she reasonably believes does not comply with the standards and requirements of this title. 2. If, after investigation, it is determined that the standards or requirements of this title have been violated, the administrator or designee shall serve a notice of violation upon the owner, tenant or ---PAGE BREAK--- 26 other person responsible for the condition. The notice of violation shall state separately each standard or requirement violated; shall state what corrective action, if any, is necessary to comply with the standards or requirements; and shall set a reasonable time for compliance. The notice shall state that any further violation may result in criminal prosecution and/or civil penalties. 3. The notice shall be served upon the owner, tenant or other person responsible for the condition by personal service, registered mail, or certified mail with return receipt requested addressed to the last known address of such person. If, after a time and effort is made to serve or mail notice without success, then notice may be made by publication in the newspaper of record for the city of Star. The administrator or designee will record all efforts made to effect service in person or by mail as part of their investigative report. C. Extension of Compliance Date: 1. The administrator or designee may grant a reasonable extension of time for compliance with any notice or order, whether pending or final, upon finding that substantial progress toward compliance has been made and that the public will not be adversely affected by the extension. Such extension of time shall not exceed ninety (90) days. 2. An extension of time may be revoked by the administrator if it is shown that any of the following are true: a. The conditions at the time the extension was granted have changed. b. The administrator or designee determines that a party is not performing corrective actions as agreed. 8-1D-10: CITY ABATEMENT OPTION AND ASSOCIATED CHARGES: Nuisances which remain unabated after notice, may, at the option of the city, be removed, abated or destroyed by the city or its agents, after the following steps have been taken: A. Second Notice: If after fifteen (15) calendar days from the date a written notice is personally delivered to the property owner, or mailed to the property owner's address as shown in current official county assessor records, no abatement of the nuisance has occurred, the administrator or designee shall provide a second fifteen (15) day notice to be delivered to the property owner by certified mail or personal service, which shall indicate the following: 1. That if the property owner fails to abate the nuisance, the city shall take steps to abate the same. 2. That if the city abates the nuisance, all costs and expenses of abatement shall be billed and assessed against the property owner, and if unpaid, shall become collectable as a special assessment with property taxes. 3. That the property owner has a right to appear before the city council to show cause as to why he or she should not be forced to abate or pay for abatement of the nuisance; furthermore, that if the property owner desires such a hearing, a request for hearing, in writing, shall be given to the city administrator or designee prior to expiration of the fifteen (15) day notice, and that abatement by the city will proceed if the property owner has not exercised this option to request a hearing. 4. If said certified notice is returned as undeliverable, or is unclaimed by the property owner, ---PAGE BREAK--- 27 nothing shall preclude the city from exercising its abatement option as specified herein. B. Authorization to Remove: When the fifteen (15) day notice has expired without a request for hearing, the administrator or designee is authorized to remove, abate or destroy the nuisance. The administrator is authorized to utilize city personnel to abate the nuisance or to contact the mayor in regard to contracting for an outside party to abate the nuisance. C. Statement of Charges Mailed: If the city abates any nuisance under the provisions of this section, a statement of charges billed to the property owner shall be mailed or personally delivered to the property owner. D. Authority to Employ Labor: The mayor, with approval of the city council, is hereby given the power and authority to employ such labor as is necessary to carry out the provisions of this chapter. E. Special Assessment: If payment is not received from the property owner within thirty (30) days, the amount billed shall, in accordance with state law, be assessed as a special assessment collectible against the subject property as other state, county and municipal taxes. F. Hearing: If the property owner requests a hearing to show cause before the city council, the hearing shall, if feasible, be placed on the agenda of the next regularly scheduled city council meeting. The decision of the city council shall be final. A ten (10) day period shall be given to the property owner after the council decision so that the property owner shall have an additional opportunity to abate the nuisance or to pursue any legal remedies or defenses at the district court level. 8-1D-11: PENALTIES: Any person owning or occupying any lots, lands or premises within such incorporated limits of the city who shall fail, refuse or neglect to continuously keep abated, cut down, obliterated or destroyed all such harmful, and injurious weeds and noxious weeds, grasses and growth above named in the manner prescribed, and according to the provisions of this section of this chapter shall be deemed guilty of a misdemeanor. Each and every day any such person shall fail, refuse or neglect to comply with the provisions of this chapter it shall be deemed a separate and distinct offense against the provisions of this chapter and each such separate offenses shall be punishable as provided in this code. A. A violation of the provisions of this title is declared a misdemeanor. Any person violating or failing to comply with any of the provisions of this title shall be subject to criminal prosecution and upon conviction shall be fined as defined in section 1-4-1, "General Penalty", of this code. Each day of noncompliance with any of the provisions of this title shall constitute a separate offense. B. Notwithstanding the provisions of subsection A of this section, the city may civilly prosecute any violation of this code and seek all available remedies that may include, but are not limited to, abatement of the noncompliant conditions, revocation of existing permits for noncompliance, ---PAGE BREAK--- 28 civil damages for enforcement, or any other remedy as allowed by law. C. The city may file a lien upon any real property owned by convicted person if they fail to comply with the penalty as set forth in this section. ---PAGE BREAK--- 29 ARTICLE E DEFINITIONS 8-1E-1: TERMS DEFINED: 8-1E-2: FIGURES: 8-1E-1: TERMS DEFINED: As used in this title, each of the terms defined shall have the meaning given in this section unless a different meaning is clearly required by the content. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. The most current version of the "Merriam-Webster's Unabridged Dictionary of The English Language" shall be considered as providing accepted meanings. ABANDONED: To cease or discontinue a use or activity for twelve (12) months without apparent intent to resume. ACCESSORY STRUCTURE: A detached structure that is incidental and subordinate to the principal structure and is located upon the same property. The structure shall not receive a building permit prior to the primary structure being built and will not be permitted without a primary structure. The term accessory structure shall include, but not be limited to, the following: private garage, storage structure, workshop, pool house, and/or greenhouse. New accessory structures are not allowed in the CBD district. A maximum of two accessory structures shall be allowed on any residential parcel or lot. ACCESSORY USE: A use that is incidental and subordinate to the principal use and is conducted upon the same property. ADMINISTRATOR: The administrator of the Star city planning and zoning department or an authorized representative, including their staff. Also referred to as the zoning administrator. ADULT BUSINESS/ADULT ENTERTAINMENT: Modeling, posing, exhibition, display or exposure of any type whether through book, pictures, electronic media, film, displays, live performance, dance or modeling that has as its dominant theme, or is distinguished or characterized by an emphasis on any one or more of the following: a) any actual or simulated specified sexual activities; b) exposure of male or female anatomical areas; c) the removal of articles of clothing; d) appearing nude or seminude; and/or e) the use of the terms "XX", "XXX" or any series of the letter "erotic", "adult entertainment", "sex" or "nude". AGRICULTURE, FORESTRY, FISHING: Tilling of soil, aquaculture, raising crops, livestock, farming, dairying and animal husbandry including all uses customarily accessory and incidental thereto; but excluding animal slaughterhouses, fertilizer works, bone yards and commercial feedlots. Establishments primarily engaged in growing crops, raising animals, harvesting timber, and harvesting fish and other animals from a farm, ranch, or their natural habitats. ---PAGE BREAK--- 30 ALTERATIONS, STRUCTURAL: Any change, other than incidental repairs, which would prolong the life of the supporting members of a building or structures, such as bearing walls, columns, beams, and girders. ALTERNATIVE COMPLIANCE: An administrative determination that a specific application achieves or exceeds specific requirements as set forth in this title. Consideration of alternative compliance is limited in circumstances as identified in this title. ANIMAL CARE FACILITY: Any parcel of land or lot, structure, or portion thereof, that is designed or used for the boarding, care, grooming, diagnosis or treatment of animals, including, but not limited to, sick, ailing, infirm or injured animals, and those that are in need of medical or surgical attention. The term animal care shall include, but not be limited to, an animal clinic, animal hospital, or veterinary office or kennel. ANTENNA: A transmitting or receiving device used in telecommunication that radiates or captures radio or other signals, including omnidirectional or whip, directional or panel, parabolic or dish, and ancillary antennas. APARTMENT: A room, or suite of rooms, in a multiple-family structure or dwelling unit, providing living, sleeping, eating, cooking and sanitation to a single family, for rent, lease, let or hire to be used as a single dwelling. ARTERIAL: See definition of Street, Arterial. ARTIST STUDIO: The use of the site for small scale, craftsman operated production of materials, assembly of parts, or the blending of materials, including metal and/or plastics, for the purpose of creating art. This would include frame shops as an accessory use. ARTS, ENTERTAINMENT AND RECREATION FACILITIES: The use of a site or facility for entertainment, spectator sports or recreational activities. The use includes, but is not limited to amusement parks, motion picture and performing arts theaters, racetracks, sports fields, golf courses, fitness clubs, museums, zoos, marinas, bowling, video and other games and amusements. For wedding and corporate events see events center. ASPHALT PLANT: An establishment where asphalt, tar, gravel and other materials are combined to produce pavement and other related products. AUCTION FACILITY: An establishment primarily engaged in retailing a general line of new and used merchandise on an auction basis. AUTOMATED TELLER MACHINE (ATM): A pedestrian oriented banking device operated by a financial institution for use by its customers for conducting transactions. The machines may be located at or within the financial institutions, or in other locations. ATMs for use by customers in vehicles are included in the definition of "drive-through establishment/drive-up window service". AUTOMOTIVE HOBBY: A use involving the restoration, maintenance and/or preservation of ---PAGE BREAK--- 31 motor vehicles for personal enjoyment of owner or occupant. AUTOMOTIVE MECHANICAL AND ELECTRICAL REPAIR AND MAINTENANCE: Establishments primarily engaged in providing mechanical or electrical repair and maintenance services for automotive vehicles, such as passenger cars, trucks and vans, and all trailers. These establishments may specialize in a single service or may provide a wide range of these services. AWNING: A projecting cover extending over a door, window or wall section with support attached to the structures and used as cover, protection, or as decoration. BAKERY: Establishments primarily engaged in making and preparing bakery products. BAR/TAVERN/LOUNGE/DRINKING ESTABLISHMENT: The use of a site primarily for the sale or dispensing of alcohol by the drink or glass. The use includes, but is not limited to, lounge, and tavern. BARBERSHOP/STYLING SALON: An establishment where the following services are allowed by licensed professionals: haircutting, shampooing, shaves, perms, hair coloring, manicuring, tanning booths, including cosmetology of hair and makeup. BARRIER: A vertical element including, but not limited to, a fence, wall, structure, or a combination thereof, that completely surrounds an area and controls access to such area. BASEMENT: The bottom floor of a dwelling unit, all or partly underground, having at least one- half (1/2) of its height below the average level of the adjoining grade. BED AND BREAKFAST: A professionally run facility providing up to six rooms for temporary overnight accommodations, and where the owner/innkeeper is resident on the property. A bed and breakfast provides breakfast for overnight guests but does not provide a restaurant and/or bar. For accommodations similar but not limited to an Airbnb or VRBO, see short-term rental. BERM: An earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise. BEVERAGE BOTTLING PLANT: An establishment that produces consumable liquids (alcoholic or nonalcoholic) in bottles and/or cans. BLOCK: Land containing a lot or lots in a subdivision completely surrounded by public rights of way or boundaries of the subdivision. BOARDING HOUSE: An establishment other than a hotel, motel or short-term rental, where meals and/or lodging are provided with or without compensation, to more than two but less than twelve (12) unrelated persons. A boarding house shall include, but not be limited to, a rooming house, shelter, convent, monastery, dormitory, fraternity, sorority, etc. A boarding house does not provide a restaurant or a bar. ---PAGE BREAK--- 32 BREWERY: The use of a site that brews/manufactures/distributes such beverages as beer, ale and cider. The use may include the ancillary sale or dispensing of said beverages by the drink, glass or growler. BREWPUB: An establishment, restaurant or bar that usually serves food and brews and sells beer or similar alcoholic drink that is made on the premises. Typically, they do not bottle and sell other than in very small take home quantities. They do not distribute their beer. BUILDABLE AREA: The space remaining on a lot after the minimum open space requirements have been complied with. BUILDING HEIGHT: The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and the midpoint between the top of the peak and the facia line for gable, hip and gambrel roofs. BUILDING ENVELOPE: The area on a property exclusive of the required yards, setbacks, buffers, and unbuildable areas. BUILDING MATERIAL, GARDEN EQUIPMENT, AND SUPPLIES: The use of a site for the retail sale and service of merchandise used in home and garden improvements. The use includes home and garden centers; hardware stores; lawn and garden equipment supply stores; paint and wallpaper stores; lumberyards; nursery, garden and farm supply stores. See also nursery, garden center and farm supplies. BUILDING OFFICIAL: The officer or other designated authority charged with the administration and enforcement of the building code as established by title 7 of this code or the building official's duly authorized representative. CALIPER: A measurement of the diameter of the trunk of a deciduous tree. The caliper of the trunk shall be measured six inches above the ground for all trees up to and including four- inch caliper size, and twelve inches (12") above the ground for larger sizes. CAMPGROUND: An area or ground on which tents/yurts, buildings, cabins or spaces, RVs, campers, are provided for temporary shelter, lodging or accommodation. CANOPY: A roof-like structure projecting from the exterior surface of a building, may be attached to the building or freestanding, constructed of a supporting framework and covered with nonrigid materials. CARETAKER UNIT: A dwelling unit for a person or persons hired to look after or take charge of goods, property or a person; or, a recreational vehicle or motor vehicle equipped as living quarters parked at a construction site, on a non-permanent basis, for the purpose of providing security during nonworking hours. This definition shall not include tents/yurts. ---PAGE BREAK--- 33 CEMENT OR CLAY PRODUCTS MANUFACTURING: An establishment where pottery, decorative shapes or other similar products are made. CEMETERY: The use of a site for the interment of human and/or animal remains or cremated remains. The use includes burial parks, mausoleum for vault or interments, columbarium for cinerary interments or a combination thereof. CERTIFICATE OF OCCUPANCY (CO): Official certification that a building and site conform to the provisions of building and city codes. CERTIFICATE OF ZONING COMPLIANCE (CZC): An approval issued by the administrator that certifies that a structure or use, including accessory uses, meets the requirements of this title. CHEMICAL MANUFACTURING PLANT: A factory where chemicals are produced and/or stored. CHILD CARE FACILITY: Any structure or place where nonmedical care, protection or supervision is regularly provided to children under twelve (12) years of age, for periods of less than twenty-four (24) hours per day, while the parents or guardians are not on the premises. For the purpose of persons with disabilities of any age, this section shall also apply. There are four types of childcare facilities distinguished by the number of individuals served: A. Child Care center: More than twelve (12). B. Child Care, group: More than six but no greater than twelve (12). C. Child Care, family: Six or fewer. D. Preschool/Early Learning – Maximum of twenty-five (25) children. CHURCH OR PLACE OF RELIGIOUS WORSHIP: An establishment that by design and construction is primarily intended for conducting organized religious services, meetings, and associated activities and that is recognized as a religious corporation or society of the state of Idaho with a state tax exempt status in accord with Idaho Code section 63-602B. CIVIC, SOCIAL AND FRATERNAL ORGANIZATIONS: A facility owned or operated by an organized association of persons for a social, literary, political, educational or recreational purpose primarily for the exclusive use of members and their guests; and not primarily operated for profit nor to render a service that is customarily carried on as a business. COLD STORAGE: An establishment that provides storage of perishable foods, furs, and like items in a frozen or refrigerated state. COLLOCATION: The use of a single tower to support more than one wireless telecommunication service provider's equipment, or the mounting of an antenna to a preexisting structure. ---PAGE BREAK--- 34 COMMERCIAL USE: An occupancy of a building, structure or other property which involves any retail sale, wholesale distribution, office, entertainment service, recreational area, restaurant, room for rent, manufacturing, hybrid production facility or other nonresidential use. However, this definition shall not include home occupations, churches, public schools, hospitals, public civic centers or public recreation facilities, or other facilities owned by, or operated strictly for the benefit of the public. COMMON DRIVE: An access shared by adjacent property owners that is privately owned and maintained. CONCRETE BATCH PLANT: An establishment that combines cement, sand and gravel to produce concrete. CONDITIONAL USE: A use that, owing to some special characteristics attendant to its operation or installation (for example, potential danger, hours of operation, or noise), is allowed in a district subject to approval by the council and subject to special requirements in conformance with this title and as enabled by Idaho Code section 67-6512. CONDOMINIUM: An apartment house, office building or other multiple-unit complex, the units of which are individually owned, each owner receiving a recordable deed to the individual unit purchased, including the right to sell, mortgage, etc., that unit and sharing in joint ownership of any common grounds, passageways, etc. CONFERENCE/CONVENTION CENTER: A facility that is designed, constructed, and devoted to hosting conferences, exhibitions, large meetings, seminars, and training sessions. CONTRACTOR'S YARD: Any area of land used by a contractor for storage, maintenance, or processing incidental to the business of building, hauling, excavation, demolition, or similar activity and including any area of land used for minor preinstallation work or repair of machinery used for any of the above listed activities. CONVENIENCE STORE: Establishments known as convenience stores or food marts primarily engaged in retailing a limited line of goods that generally includes milk, bread, beverages, and snacks. The establishment may include fuel pumps. DAIRY FARM: An operation whose principal function is the production of milk. DEDICATION: The setting apart of land or interests in land for public use, charitable, religious, or educational purposes. DENSITY, GROSS: The ratio of the total number of dwelling units within a development divided by the total area, including streets; alleys; easements; waterways; and common spaces. DENSITY, NET: The ratio of the total number of dwelling units within a development divided by the total area, excluding streets; alleys; easements; waterways; and common spaces, and any ---PAGE BREAK--- 35 other area not devoted to the residential use. DEVELOPMENT: Any construction or installation of a structure, or any change in use of a structure, or any subdivision of property, or any change in the use of the land that creates additional demand and/or need for public facilities. DEVELOPMENT AGREEMENT: A written agreement as a condition of annexation or rezone between the council and an owner or applicant concerning the use or development of a property in accord with Idaho Code section 67-6511A and chapter 1, "Administration", of this title. DISTILLERY: The use of a site that distills/manufactures distilled beverages. The use may include the ancillary sale or dispensing of liquor by the drink or glass. DISTRICT OR ZONE: The zoning district classification, listed in chapter 3 of this title, in effect on any given property. DRIVE-THROUGH ESTABLISHMENT/DRIVE-UP WINDOW SERVICE: The use of a portion of a structure where business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle. The term drive-through establishment shall include, but not be limited to, providing food or beverage service, bank services, and/or prescription processing. The term drive-through establishment shall not include fuel sales facility or "vehicle washing facility" as herein defined. DUSTLESS MATERIALS: Hard surfaces used for driveways, loading and parking including, but not limited to, concrete, asphalt, grasscrete, pavers, grass, specifically treated gravel, and bricks. Treated gravel shall include an acceptable application treatment as determined by the administrator. DWELLING, MULTI-FAMILY: A structure, or portion thereof, that contains three or more dwelling units or apartments, where all such units are located on the same property. For the purposes of this title, a multi-family dwelling shall be deemed multi-family development. DWELLING OR DWELLING UNIT: Any structure, or portion thereof, providing independent living facilities for one "family" as herein defined, including provisions for living, sleeping, eating, cooking, and sanitation. DWELLING, SECONDARY: A habitable dwelling unit established in conjunction with and subordinate to a single-family dwelling unit. The term shall include guesthouse and granny flat. See also guesthouse/granny flat/mother-in-law quarters. DWELLING, SINGLE-FAMILY ATTACHED: A structure containing two or more dwelling units attached by a common wall or walls, where each dwelling unit is located on a separate property. May be referred as townhomes. DWELLING, SINGLE-FAMILY DETACHED: A detached structure that accommodates a single dwelling. ---PAGE BREAK--- 36 DWELLING, TWO-FAMILY DUPLEX: A structure containing two dwelling units attached by a common wall, where both dwelling units are located on the same property. EDUCATION INSTITUTION, PRIVATE: The use of a site for education purposes not financially supported by the state of Idaho. The use includes, but is not limited to, elementary and secondary schools; institutions of higher learning; professional, technical and trade schools; driving schools; fine arts schools and studios. For pre-elementary schools, see childcare facility. EDUCATION INSTITUTION, PUBLIC: The use of a site for education financially supported by the state of Idaho. The use includes, but is not limited to, elementary and secondary schools; institutions of higher learning; and vocational schools. EQUIPMENT SALES, RENTAL AND SERVICES: The use of a site for the sale, rental or servicing of tools, trucks, tractors, construction equipment, agricultural implements, or similar industrial equipment. EVENTS CENTER. PUBLIC & PRIVATE, INDOOR OR OUTDOOR: A use of a property and/or structure for public or private gatherings to include wedding receptions, corporate events or other organized events where food service is provided, amplified music is present and area for a large amount of parking is required. FABRICATION SHOP: An establishment in which welding work, machining to size, assembling of materials and converting one form of metal or other materials such as plastic, into another to produce products and structures. See also definition of Manufacturing Plant. FACADE: The front or face of a building or structure. FAMILY: A. A person living alone or two or more persons related by blood or marriage; B. Eight or fewer unrelated mentally and/or physically handicapped or elderly persons residing in a dwelling under staff supervision, provided that no more than two staff members reside in the dwelling at any one time. FARM: Buildings and premises used for the raising and processing of agricultural products. FARMERS' MARKET: Typically found outdoors, where multiple vendors sell directly to the consumer. Vendors may sell a variety of items not limited to fruits and vegetables; plants and trees; handmade items including crafts, jewelry, baked goods, etc. The sale of animals is not a part of this definition. Also referred to as a Saturday or outdoor market. All vendors are subject to city permits. See Temporary Uses. FEEDLOT: A concentrated animal feeding operation (CAFO). FENCE: An enclosure or barrier constructed of wood, masonry, stone, wire, metal or other materials manufactured specifically to be used to enclose, screen or separate areas. Walls, ---PAGE BREAK--- 37 latticework, and screens are considered fences. Items such as wooden pallets, firewood logs, or manufactured items such as skis, are not considered fencing material. FINANCIAL INSTITUTION: The use of a site for lending, exchanging and handling money or currency for customers. The use includes, but is not limited to, credit unions, savings and loan, commercial banks, cash machines, insurance agents, and loan establishments. FIREWORKS STAND: A temporary structure used for retail business of selling fireworks. (See also definition of Temporary Use.) FLAG: Any fabric or bunting containing distinctive colors, patterns, or emblems used as a symbol of a government, political subdivision, or other such entity. Any fabric or bunting containing distinctive colors, patterns, or symbols used to communicate business identification and/or attract, distract, hold, direct or focus public attention. FLAGPOLE: A pole, usually made of metal, on which a flag is hoisted and displayed. See sign ordinance for regulations related to flag poles. FLAMMABLE SUBSTANCE STORAGE: An establishment, or portion thereof, wherein combustible substances (as defined by the fire code) are stored. FLEX SPACE: Allows for uses that generally require substantial amounts of storage and working area as well as office and/or showroom space. This use is not intended to permit warehousing or manufacturing that has high levels of truck activity. Loading docks shall be at the rear of the structure, shall be screened from view from street and neighboring uses, and loading ramps shall be a maximum of two feet high to discourage tractor trailer use. Examples of uses include, but are not limited to, lighting/plumbing fixture showrooms, small merchandise assembly, and low intensity sales and distribution facilities. Gross floor area of each building used as "flex space" shall be a maximum of thirty thousand (30,000) square feet. Hours of operation shall be based on specific districts. FLOODPLAIN: The relatively flat area or low land adjoining the channel of a river, stream, lake or other body of water which has been, or may be, covered by water of a flood of one percent chance in any given year. The floodplain includes the channel, floodway or floodway fringes, as established pursuant to engineering practices of the U.S. army corps of engineers. FLOOR AREA, GROSS: The measure of total square footage of habitable space of a structure. FOOD PRODUCTS, PROCESSING: The use of a site for producing, manufacturing, processing or storage of food products. The use includes, but is not limited to, bakery, beverages, coffee roasting, ice, snacks, fruits, vegetables, spices, confectionery, and dairy products. Excluded uses are animal products, seafood, milling and refining. FOOD STAND: A temporary, immobile structure, booth, stall, counter or the like operated by a vendor standing on or within the frame of the structure, booth, stall, counter or the like. Goods sold from a stand may include, but are not limited to, perishable and nonperishable food items, ---PAGE BREAK--- 38 merchandise, and sundries. (See also definition of Temporary Use.) FOOTPRINT: Area of the ground covered by a structure, including the foundation and all areas enclosed by exterior walls and/or footings. FULL CUTOFF SHIELD: In its installed position, a light fixture with a full cutoff shield will not allow any direct light above a horizontal plane and no more than five percent of the total light output may come from the zone from fifteen degrees (15°) below the horizontal to the horizontal plane. GARAGE: An enclosed accessory building designed for private storage or parking of noncommercial vehicles. A private garage attached to, or part of, the main building is considered to be part of the main use but may not be built prior to the primary structure. GASOLINE, FUELING AND CHARGING STATION: An establishment known as a gasoline or fueling station primarily engaged in one of the following: a) retailing automotive fuels diesel fuel, gasohol, gasoline) b) electric charging stations; or c) retailing these fuels in combination with activities, such as providing repair services. May also include convenience stores. GLARE: Light emitted from a fixture with intensity great enough to cause visual discomfort, eye fatigue, reduction in a viewer's ability to see, and in extreme cases, momentary blindness. GOLF COURSE: An area of land laid out for the game of golf with a series of nine or eighteen (18) holes, each including tee, fairway and putting green, and often one or more natural or artificial hazards, and which may include a driving range and clubhouse with restaurant and bar. GOVERNMENT OFFICE: An enterprise or office authorized by a federal, state, local or foreign government to conduct public business and assistance as provided in applicable federal, state, or local code or constitution. (See definition of Public Or Quasi-Public Use.) GRADE: The elevation of the natural or finished surface of the ground adjacent to the midpoint of any exterior wall of a building or structure. GRAND OPENING: A promotional activity used by newly established businesses, within two months after occupancy, to inform the public of their location and service available to the community. Grand opening does not mean an annual or occasional promotion of retail sales by a business. GREENHOUSE: A building whose roof and sides are made largely of transparent or translucent materials and in which the temperature and humidity can be regulated for the cultivation of plants. This use is accessory to a residential or principally permitted use. GREENHOUSE, COMMERCIAL: Any greenhouse used for the purpose of growing goods for wholesale or retail sales. ---PAGE BREAK--- 39 GROSS LAND AREA: The total area of the land being developed, exclusive of required street buffers and buffers between incompatible land uses. The calculation for required open space in residential subdivisions and multi-family residential development is based on the gross land area of the land being developed. GUESTHOUSE/GRANNY FLAT/MOTHER-IN-LAW QUARTERS: An additional site built house on a lot or parcel of land that: is owned by the owner of the lot or parcel containing the owner's residence; does not have its own separate house number (address); has inhabitable space not greater than one thousand (1,000) square feet; and is located within two hundred feet (200') of the principal residence. (See also Secondary Dwelling.) has inhabitable space not greater than 50% of the footprint of the primary dwelling; and is located within or attached to the primary dwelling as a detached structure, or above a detached structure, such as a garage. (See Secondary Dwelling Unit Specific Standards) HARDSHIP: An unusual situation on an individual property that will not permit the property owner to enjoy the full utilization of their property as is enjoyed by others in the same district. A hardship can exist only when it is not self-created and is not financially based. Examples of hardship include unusual shape of the property, natural features, or other exceptional physical conditions on the property. HEALTHCARE AND SOCIAL SERVICES: The use of a site for ambulatory healthcare services. Included in this use are offices of dentists; physicians; chiropractors; optometrists; mental health practitioners; physical, occupational and speech therapists; audiologists; outpatient care centers; family planning centers, medical and diagnostic laboratories, imaging centers, kidney dialysis centers; blood and organ banks. HEIGHT: The vertical distance measured from finished grade to the top of the pole, structure, or tower, including the antenna. See also Building Height. HELIPORT: A publicly or privately-owned area of land that is used or intended for the landing and takeoff of helicopters, including the necessary accessory structures of facilities for storing and maintenance of helicopters. HILLSIDE DEVELOPMENT: Parcel, lot, tract, or other defined area of land that has a ground slope of ten percent (10%) or more. HISTORIC PRESERVATION: The research, documentation, protection, restoration and rehabilitation of buildings, structures, objects, districts, areas and site significance in the history, architecture, archaeology or culture of this community, the state or the nation. HISTORIC PROPERTY: Any building, structure, area or site that is significant in the history, architecture, archaeology or culture of this community, the state or the nation. HOME OCCUPATION: An occupation, profession, activity, or use that is clearly an incidental and secondary use of a residential dwelling unit and that does not alter the exterior of the property or affect the residential character of the neighborhood. Must be approved by the HOA ---PAGE BREAK--- 40 if applicable. HOSPITAL: A medical institution licensed by the state that is devoted to the maintenance and operation of facilities for the medical or surgical care of patients twenty-four (24) hours a day and may include air transport facilities. The term hospital does not include healthcare and social services, nursing and residential care facility, or establishments that forcibly confine patients. HOTEL/MOTEL: An establishment that provides lodging to the public for a fee as defined by Idaho Code 67-4711, excluding boarding houses, bed and breakfast establishments or short-term rentals as herein defined. This classification may include incidental eating or drinking services. IMPACT AREA: The land established and adopted by ordinance by the city council, within the unincorporated area of the county, shown on the comprehensive plan future land use map and as defined in Idaho state code section 67-6509. IMPERVIOUS SURFACE: A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration or absorption by water. It includes surfaces such as compacted sand or clay as well as most conventionally surfaced streets, roofs, sidewalks and parking lots. INDUSTRIAL UNIT: Any structure or land use which is used for the manufacture, processing, fabrication and testing of goods and materials and includes the production of power. It does not refer to the growing of agricultural products or the raising of livestock. INDUSTRY, HEAVY: A. A use engaged in the basic processing and manufacturing of materials or products, predominately from extracted or raw materials; B. A use engaged in storage or manufacturing processes using flammable or explosive materials; C. Storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. INDUSTRY, INFORMATION: The use of a site for processing data. The use includes, but is not limited to, publishing industries such as newspapers, books, music, internet and software; recording and broadcasting studios; data processing centers, call centers, internet providers and other information systems. INDUSTRY, LIGHT: A use engaged in the manufacture, processing, fabrication, assembly, treatment, and/or packaging of finished products or parts, predominantly from previously prepared materials. INSTITUTION: An establishment which aids individuals in need of mental, therapeutic, rehabilitative counseling or other correctional services. JUNK: Discarded, used, or secondhand materials, including, but not limited to, used machinery, scrap copper, brass, iron, steel, other ferrous and nonferrous metals, tools, appliances, ---PAGE BREAK--- 41 implements, vehicles or portions thereof, furniture, beds and bedding, rags, glass, plastic, cordage, rubber, building materials (excluding lumber), or other waste that has been abandoned from its original use and may be used again in its present or in a new form. JUNKYARD: See definition of Vehicle Wrecking Yard/Junkyard. KENNEL: Any lot or premises or portion, indoors or outdoors, on which more than four dogs or cats are maintained, harbored, possessed, boarded, bred or cared for or kept for sale. See specific uses. LABORATORY: A place for scientific research: Where research and testing is carried out. LABORATORY, MEDICAL: An establishment where medical, dental, and optical equipment and supplies, or drugs and related chemicals are manufactured. LAGOON: An open structure or containment area designed to treat liquid manure or sewage through biodegradation by bacteria. LANDSCAPE MAINTENANCE: Watering, weeding, pruning, mowing, litter removal, pest control, and removal/repair of vandalism as needed to maintain a neat and orderly appearance. LAUNDROMAT: A. An establishment that provides washing, drying, and/or ironing machines for hire; B. An establishment that provides washing, drying and/or ironing services to walk-in retail customers. LAUNDRY AND DRY CLEANING: An establishment that washes large quantities of laundry or dry cleaning for patrons, may also be combined with a laundromat. LIGHT INDUSTRY: See definition of Industry, Light. LIGHTING, DIRECT: Lighting, the source of which is visible to a viewer and/or which is reflected from the surface of a sign or building. This definition shall include exposed neon lights and tubing. LIGHTING, INDIRECT OR INTERNAL: Lighting for which the source of light is located in such a manner that the light must travel through a translucent material other than the bulb or tube necessary to enclose the light source, which material has the effect of dispersing the light before it strikes the eye of the viewer. LIVE/WORK UNIT: A unit or units consisting of both commercial/office and residential components and constructed as separate units under a condominium regime or as a single unit. The “work” component is restricted to specific uses within the CBD and MU zoning distrcit. The “live” component may be located on the street level (on the side or behind the work component) or any other level of the building. ---PAGE BREAK--- 42 LIVING AREA: The area of a residential dwelling as measured in square feet, excluding the garage. LOADING SPACE: Space, logically and conveniently located for pick-ups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles. Required off street loading space is not to be included as required off street parking space. All off street loading spaces shall be located totally outside of any street or alley right of way. Lighting associated with the use shall be directed away from any residential use or district. LOT: A parcel of land and/or a portion of a subdivision, of sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street or on an approved private street and may consist of: A. A single lot of record; B. A portion of a recorded subdivision or a property intended as a unit for transfer of ownership or for development. LOT, COMMON: A lot held in common ownership among all owners of the subdivision and separate from individual building lots. LOT, CORNER: A lot located at the intersection of two or more streets. LOT FRONTAGE: The front of the property, measured along the street from side property line to side property line. On corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage. LOT, INTERIOR: A lot which abuts only one street. LOT, FLAG: A property in the shape of a flag on a pole where access to the street is from a narrow right of way. Flag lots may only be permitted upon approval from the Fire District. LOT LINE, FRONT: The line separating the lot or parcel from the street on which it takes access, excluding alleys. LOT LINE, REAR: The property line opposite and most distant from the front property line. Where the lot or parcel is irregular and the property lines converge, the rear property line shall be deemed to be a line at a point where the side property lines are not less than twenty feet (20') apart. LOT LINE, SIDE: Any property line other than a front or rear property line. A property line adjoining a street is called a street side property line. A property line adjoining another property is called an interior side property line. ---PAGE BREAK--- 43 LOT, NONCONFORMING: A parcel of land which was created prior to the provisions of the city of Star's Unified Development Code but was in compliance with the zoning and subdivision ordinance(s) that were in effect at the time such parcel was created. LOT-LINE OR PARCEL BOUNDARY ADJUSTMENT: The adjustment of the boundary between properties where: a) the dimensions of the properties are not reduced below the minimum dimensional standards for the applicable district; b) there is no increase in the original number of properties; and c) no easements, public streets, private roads or publicly dedicated areas are affected. MANUFACTURED HOME: A. A dwelling constructed according to HUD/FHA construction and safety standards and as defined by Idaho Code section 39-4105. B. A rehabilitated dwelling certified by the state of Idaho department of labor and industry, building safety division. MANUFACTURED HOME PARK: A multi-family residential development developed exclusively for siting manufactured homes on individual spaces that are rented or leased. MANUFACTURING PLANT: Shall include the processing, packaging, or assembly of products, and incidental storage, sales, and distribution of such products, but excluding those uses as defined in heavy industry. MEATPACKING PLANT: An establishment maintained for canning, curing, smoking, salting, packing, freezing, storing or other similar uses in which meat products are processed for commercial sale. MEDICAL CLINIC: A building used for the care, diagnosis, and treatment of persons who seek medical/surgical attention. This does not include medical care facilities which provide board, room or regular hospital services. MINING, Pit or Quarry and Accessory Pits: Establishments that extract naturally occurring mineral solids, such as coal, gravel and ores; liquid minerals, such as crude petroleum; and gases, such as natural gas. The term mining is used in the broad sense to include quarrying, well operations, beneficiating crushing, screening, washing, and flotation), and other preparation customarily performed at the mine site, or as a part of mining activity. Water amenities, such as ponds, created as a part of an approved subdivision, shall be reviewed as an accessory pit, but shall not be considered mining, unless materials are removed from the project site. MIXED USE DEVELOPMENT: The development of a tract of land or building or structure which includes uses from two or more of the land use categories such as residential, commercial, office, light industrial, public space or agricultural. MOBILE HOME: A transportable structure suitable for year-round single-family occupancy and having water, electrical and sewage connections similar to those of conventional dwellings. This definition applies only to units constructed prior to June 15, 1976. ---PAGE BREAK--- 44 MONOPOLE: A cylindrical shaped pole, usually made of steel, that has no visible break in shape or appearance, other than tapering, which is secured to the ground in a manner to stand vertically upright. MORTUARY: An establishment in which deceased human bodies are kept and prepared for burial or cremation. MOTEL: See definition of Hotel/Motel. MULTI-FAMILY DEVELOPMENT: Development where there are three or more dwelling units or apartments located on the same property. A multi-family dwelling may or may not be present on the property. MULTI-FAMILY DWELLING: See definition of Dwelling, Multi-Family. NEIGHBORING PROPERTIES: Abutting properties and any properties separated from the subject property solely by a roadway or dedicated easement. (See Transitional Lot.) NONCONFORMING PROPERTY: A property that lawfully existed prior to the effective date of this title, but that does not now conform to the standards for the district in which it is located. NONCONFORMING STRUCTURE: A structure that was lawfully constructed and/or existing prior to the effective date of this title but that does not conform to the standards for the district in which it is located. NONCONFORMING USE: A use that lawfully existed prior to the effective date of this title but that does not now conform to the allowed uses for the district in which it is located. For the purposes of this title, nonconforming parking lot design and landscaping shall be deemed a nonconforming use. NURSERY, GARDEN CENTER AND FARM SUPPLY: An establishment that primarily engages in retailing nursery and garden products, such as trees, shrubs, plants, seeds, bulbs, and sod Also included are establishments primarily engaged in retailing farm supplies, such as animal feed. See also Building Materials. NURSING AND RESIDENTIAL CARE FACILITY: The use of a site for providing assistance to individuals needed to perform the routines of daily life. The use includes, but is not limited to, children's treatment facility, assisted care, skilled nursing facility, residential care facility, and drug and alcohol treatment facility. The number of rooms within such a facility are not to be calculated as residential density. OFFICE SECURITY FACILITY: An establishment utilized by security personnel in the fulfillment of their job to protect local properties, businesses, individuals, and/or the community at large. ---PAGE BREAK--- 45 OPEN SPACE, DEVELOPED: An area of open land used for recreational opportunities and that provides either active or passive recreational facilities. The term shall not include streets, parking areas, unusable drainage areas as determined by the administrator, or structures for habitation. OPEN SPACE, NATURAL: An area of open land, with little or no land disturbance, preserved, enhanced and/or restored in order to maintain the natural, scenic, ecological, cultural, hydrological, geological, or agricultural values of the land. Natural open space may include trails and park bench style seating; interpretive signage and kiosks for educational purposes; and agricultural activities. OPEN SPACE, USABLE AREA: Among other useable open space areas as may be determined by the Council, the following areas shall be included into the calculation for “Usable Area of Open Space”: Active recreational facilities, trails, pathways, park bench style seating, interpretive signage and kiosks for educational purposes, picnic areas, community gardens, courses or courts, children's play areas, dog play areas. Landscape buffer areas, not required pursuant to other sections of this title, may be considered, in part, as useable open space provided a pathway or other usable amenity is located within and incorporated into the buffer area. This shall include detached sidewalk buffers. Up to fifty percent (50%) of the total area of water bodies ponds) within a development may be considered usable area provided only if there is a finding that the ponds employ active recreation capabilities such as fishing, rafting, canoeing, and the like and is available to all residents of the subdivision. All ponds shall be aerated. Irrigation ditches, drainage ditches and the like, shall not be considered water bodies and therefor shall not be a part of the usable open space area calculations, unless left as natural open space, as herein defined, and provided with either open style fencing, pathways, or both. PARKING LOT/PARKING GARAGE: A site/building for parking vehicles for a fee. PARKING SPACE, OFF STREET: An area adequate for parking an automobile with dimensions conforming to the requirements of this title. PARKS, PUBLIC AND PRIVATE: A public or private open space that is primarily used for active recreation. PAWNSHOP: An enclosed building where all business is conducted for the loaning of money, purchase, sale or exchange of used items. (See Specific Use Standards) PENNANT: Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind. The display of a single pennant, unattached to another, may be regarded as a type of decorative flag. PERSONAL AND PROFESSIONAL SERVICES: The use of a site for the provision of individualized services generally related to personal needs. Personal service uses include, but are not limited to, beauty and healthcare services such as salons, hair, nail and skin care, spa, and barbers; locksmiths; and repairs such as footwear and leather goods, and watches. Professional service uses include, but are not limited to architects, landscape architects and other design ---PAGE BREAK--- 46 services; computer designers; consultants; accountants; lawyers; media advisors; photography studios; realtors and title companies. PHARMACY: An establishment where medical prescriptions are filled and sold. An establishment where medical supplies, over the counter drugs, and a variety of other merchandise is sold. PHOTOGRAPHIC STUDIO: An establishment or building utilized for the creation and/or production of pictures on photographic, reproduction or electronic media. PLANNED UNIT DEVELOPMENT (PUD): Property planned as a unit that demonstrates innovation and creativity in site design to protect natural features, preserve open space and create public amenities. A well-designed urban type development characterized by a wide mix of uses, on site amenities, trip capture, and connectivity within the community; conservation of open space and preservation of environmental attributes; an emphasis on community character and forming a sense of community. A PUD may contain a specific use exception for uses not allowed in the zoning district and may allow for a density bonus. PORTABLE CLASSROOMS/MODULAR BUILDING: A building or building component, other than a manufactured home, which is constructed according to standards contained in the international building code, as adopted, which is of closed construction and is either entirely or substantially prefabricated or assembled at a place other than the building site, used for private/public education facilities. POWER PLANT: An electricity generating facility regulated by the federal energy regulatory commission including, but not limited to, fossil fuel, geothermal, hydroelectric, biomass, solar and wind energy conversion facilities. PRINCIPAL USE: The use of land or a structure allowed outright in a specific district as distinguished from an accessory or conditional use. Principal uses shall be subject to review through the CZC process. PROCESSING PLANT: A building where the act of converting material from one form to another occurs. PROFESSIONAL OFFICES: Offices and related spaces maintained and used as a place of business, such as doctors, dentists, engineers, attorneys, architects, accountants and other persons providing professional services. PUBLIC INFRASTRUCTURE: The use of a site for a public infrastructure including, but not limited to a) power substation, electric substation, grid switching site, electric transmission line; b) public well and/or water reservoir; and c) municipal wastewater and treatment facility. PUBLIC UTILITY YARD: A yard where facilities such as utility shops, garages, or storage areas are located that are owned and operated by a public utility. ---PAGE BREAK--- 47 RECREATIONAL VEHICLE: A portable structure primarily designed as temporary living accommodation for recreational, camping, and travel use and as defined in Idaho Code section 49-119. RECREATIONAL VEHICLE PARK: A premises upon which two or more parking sites are located, established, or maintained for occupancy by recreational vehicles for temporary use for recreation or vacation purposes. Density allowances of the specific zoning district shall not be used to calculate the number of parking sites for the park. RECYCLING CENTER: An establishment that is not a junkyard and in which recoverable resource materials, such as paper products, glassware, and metal cans, are collected, sorted, flattened, crushed, or bundled within a completely enclosed structure prior to shipment to others who use such resource materials to manufacture new products. RESEARCH ACTIVITIES: A use that has facilities or laboratories for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the facility. RESTAURANT: A. The use of a site for the primary purpose of food preparation, having kitchen and cooking facilities, and where meals are regularly served to the public for compensation. B. Establishments with a liquor and/or beer and wine license that includes a restaurant certificate and that meet the definition of restaurant as set forth in Idaho administrative code. RETAIL STORE/RETAIL SALES AND SERVICES: The use of a site that offers merchandise to the public for monetary compensation. The use includes, but is not limited to, convenience stores; food stores; apparel and accessories stores; book, computer, and music stores; electronics and appliances; florists; furniture and home furnishings; general merchandise stores; health and personal care stores; hobby, office supplies, stationery and gift stores; specialty stores; sporting goods; and used merchandise stores. RETIREMENT HOME: A residential establishment shared by eight or more persons, fifty- five (55) years or older, or their immediate family, where care and supervision are not provided. SAND AND/OR GRAVEL YARD: A commercial establishment where sand and gravel, soil and soil blends, decorative rock and aggregate are produced, and/or washed and/or sold. See also Mining. SELF-SERVICE USES: Any commercial use in which there is not an attendant on the site during all hours of operation, including, but not limited to, automated teller machines, laundromats, vehicle washing, fuel sales facilities, and storage facilities. SETBACK LINE: The minimum required distance between the property line and the nearest structure. See figure 8-1E-2. ---PAGE BREAK--- 48 SHOOTING RANGE: Any facility designed and operated for the safe practice of shooting rifles, shotguns, pistols, black powder devices, archery or any other similar device, which may include any accessory uses and structures normally associated with this activity. SHOPPING CENTER: A group of three or more retail sale or service commercial establishments, attached or detached that are planned, developed, owned and/or managed as units related in location, size and type of shops to the trade area the unit serves. SHORT-TERM RENTAL: A short-term rental refers to the rental of part or all of any legally permitted dwelling unit for fewer than 30 consecutive days. Also referred to as an Airbnb, VRBO or a hostel. SITE PLAN: A plan, to scale, showing existing and proposed uses, structures and improvements proposed for a property as required by the regulations involved. Such plans include property lines, streets, driveways, parking, building sites, landscaping, open space, and utility easements. SOIL STABILIZATION: The state of having sufficient vegetation and gradual slopes to prevent soil erosion and sedimentation onto adjacent features such as streets, sidewalks, driveways, parking areas, lawns, or water bodies. SOLID WASTE TRANSFER STATION: The use of a site for the collection and temporary storage of solid waste for subsequent transport to a permanent disposal location. STABLE: An equine boarding facility in which horses, and sometimes other large types of livestock, are kept. The facility may include, but is not limited to, a barn, riding arena(s) and/or pasture facilities. STORAGE FACILITIES, OUTDOOR: The commercial use of a site where equipment, registered vehicles, inventory, supplies, or other similar items are stored, including a building with a roof but without walls completely enclosing the building. STORAGE FACILITY, SELF-SERVICE: A structure or group of structures with a controlled access and fenced compound that contains individual, compartmentalized, or controlled units that are leased or sold to store material (including, but not limited to, goods, wares, merchandise, or vehicles) and may include an area of outdoor storage for vehicles and equipment. As a part of this use, a dwelling unitor caretaker’s unit, which may include an office, shall be permitted for a person or persons hired to manage the property. STREET FRONTAGE: The distance measured along the property line, which fronts upon a street or alley or other principal thoroughfare that provides vehicular access to a property. STROBE LIGHT: An attention getting device that emits a repetitive light; independent of, or as part of a sign. For the purposes of this code, strobe light shall not be considered an animated sign. SUBDIVISION: A. The division of a lot or parcel of land, into two or more lots for the ---PAGE BREAK--- 49 purpose of conveyance of ownership or for building development; and the recorded plat thereof; or B. The platting of one lot or parcel for the purposes of remedying a prior illegal division of property or as deemed appropriate by the administrator and/or city engineer. SWIMMING POOL COMMERCIAL/PUBLIC: An artificial pool of water intended for recreation by human beings, including all pertinent equipment. This includes a public or private facility that charges a fee to use the pool and the pool meets all health requirements. TELEVISION STATION: A facility that broadcasts audio and video over the airwaves, which is properly licensed. This does not include the transmission tower. TEMPORARY LIVING QUARTERS: A "manufactured home" as herein defined, permitted as a temporary dwelling for a member of the immediate family on the same property as the principal permitted use. May also be considered as a temporary living use in an existing dwelling while a new dwelling is being constructed on the same property, provided that once a new dwelling is completed and prior to an occupancy permit, the temporary livings quarters is removed. TEMPORARY USE: The use of a site on a seasonal basis and for a short period of time. The use includes, but is not limited to, Christmas tree lots, construction buildings, firework stands, food service vehicles, model homes, produce stands, snow cone stands, and pumpkin stands. TERMINAL, FREIGHT OR TRUCK: The use of a site where freight brought by truck or rail is transferred. The use may include the storage or repair of trucks or railcars. The use excludes the long term or permanent storage of freight. TRANSITIONAL LOT OR PROPERTY: The size of a new residential lot when being proposed adjacent to an established residential use. The ratio for lots adjacent to properties shall be determined on a case by case basis, when considering the size of the development potential for the existing use. This shall not be required if separated by an existing roadway or large canal where the distance between new structures and existing structures equal or exceed 100 feet. TOWER, LATTICE: A tower made of an open metal framework consisting of strips of metal overlapped in a pattern to achieve strength and height. TRAILER: A vehicle without motor power designed for carrying persons or property on its own structure and to be drawn by a vehicle with motor power. The term "trailer" shall include coach, boat trailer, semitrailer, travel trailer, or utility trailer. TREES, CLASS I, II, III: The classes of trees are defined for the purposes of this title by the “Tree Guide” as provided by Boise City and the 2018 Treasure Valley Tree Selection Guide (or most recent version). In general, class I trees are smaller ornamental trees, class II trees are medium/large trees appropriate for street tree planting, and class III trees are very large trees. TRUCK: A motor vehicle exceeding eight thousand (8,000) pounds' gross weight designed, used ---PAGE BREAK--- 50 or maintained primarily for the transportation of commercial property. TRUCK STOP: An establishment that sells and supplies motor fuel, lubricating oils, tires, and/or grease to on premises trade, primarily to trucking industry. This use may also include accessory vehicle repair shops, vehicle washing facilities, convenience store and/or restaurant. TURF FARM: A property for agricultural use that is five acres in size or greater and is used for the purpose of growing turf. UPLIGHTING: Lighting that is directed in such a manner as to shine light rays onto a solid surface, including a building or sign USE, CHANGE OF: A change of use shall include, but not be limited to, an expansion, alteration, or change in occupancy. UTILITY: Electrical, natural gas, water, wastewater, sewer, telephone, satellite and cable services and facilities. VARIANCE: A relief from development standards as allowed by this title and as enabled by Idaho Code section 67-6516. VEHICLE: Shall include, but not limited to, automobile, truck, recreational vehicle, or as otherwise defined in Idaho Code section 49-123 which includes every device in, upon, or by which any person or property is or may be transported or drawn travel trailers) upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. This shall include electric scooters. VEHICLE, COMMERCIAL: Any currently licensed and operable motor vehicle, as defined by Idaho Code section 49-123. VEHICLE EMISSION TESTING: A mobile or stationary area where vehicle emissions testing is performed as required by the state of Idaho (see also definition of Temporary Use). VEHICLE IMPOUND YARD: The use of a site for the temporary storage of vehicles to be claimed by the owners. Shall not be used as a vehicle repair or wrecking yard. VEHICLE, INOPERABLE: A vehicle that cannot move under its own power or does not meet the minimum legal requirements necessary for the motor vehicle to be operated in a safe and lawful manner upon the roadways and highways in the state of Idaho, as set forth in Idaho Code title 49. VEHICLE REPAIR, MAJOR: The use of a site for major vehicle rebuilding or reconditioning. The use includes engine rebuilding; major reconditioning of worn or damaged motor vehicles; and collision service, including body, frame, or fender straightening or repair. VEHICLE REPAIR, MINOR: The use of a site for minor vehicle maintenance and repair. The ---PAGE BREAK--- 51 use includes vehicle repair garages, muffler shops, tire sales and installations, transmission shops, and wheel and brake shops. VEHICLE SALES OR RENTAL AND SERVICE: The sale, trade, or lease of new or used vehicles in operating condition and any repair work or minor service. Repair work or minor service shall include, but not be limited to, replacement of parts tires, shocks, brakes, mufflers, windshields, radiators, upholstery), oil change, minor engine repair, tune up, and accessory sales of replacement parts. Any operation specified under the definition of "vehicle repair, major" is excluded. VEHICLE WASHING FACILITY: The use of a site where a vehicle may be washed, waxed, detailed, or vacuumed by the owner of the vehicle or employees on the site. VEHICLE WRECKING YARD/JUNKYARD/SALVAGE YARD: Any area, lot, land, or parcel where two or more vehicles without current registration or two or more inoperable or dismantled vehicles that are not in operating condition (or parts thereof) are stored, dumped, dismantled, partially dismantled or wrecked; or as defined by Idaho Code section 40-111, the use of a site that is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, garbage dumps and sanitary fills. The following uses are excluded from this definition: agricultural equipment on a "farm" as herein defined and vehicles stored or dismantled within a completely enclosed structure. Property whereupon junk, waste, vehicles, discarded or salvaged materials/parts are primarily stripped of parts in preparation for future storage, destruction, or rebuilding. This connotates that vehicles within such areas are inoperable either physically and/or legally licensed and registered). While, expectedly, storage of items will occur by nature of this kind of use, this use classification/definition does not expect that such will become the primary activity conducted from the site. Specific examples of such uses include, but are not limited to, the following: automobile wrecking yards. VETERINARY OFFICE: See definition of Animal Care Facility. VICINITY MAP: A drawing which sets forth by dimensions or other means the relationship of the proposed developments to other nearby developments or landmarks and community facilities and services within the general area in order to better locate and orient the subject property. VINEYARD: A property in agriculture that is five acres in size or greater, used for the purpose of growing and cultivating grapevines. See also wineries. VISION TRIANGLE: The boundaries of an area at the intersection of: a) two public streets; b) the intersection of a public street and driveway; c) the intersection of a public street and alley; or d) at the crossing of a railroad over a street, where visual observations are limited and specified by this title for the purpose of protecting public health and safety. This shall be defined by the highway authority having jurisdiction. WALKWAY: A public way for nonvehicular use only, whether or not along the side of a road. ---PAGE BREAK--- 52 WALL AREA: The total square footage of an exterior wall and determined by multiplying the total linear elevation of the building (or the leased portion thereof) by the distance from the roofline to pedestrian grade. WAREHOUSE AND STORAGE: A structure used primarily for storing materials and/or freight, including, but not limited to, goods, wares, merchandise, or vehicles. WATER AMENITY: Any body of water either natural or manmade, which either exists or is proposed to be improved as a part of the development, in which its banks in all places adjacent to and located on said development are no steeper than one foot vertical per every four feet horizontally (1:4) and which has a depth and velocity in all places adjacent to and located on said development such that the product of the maximum depth (feet) multiplied by the peak velocity (feet per second) does not exceed four WHOLESALE SALES: The use of a site for selling, distributing, or brokering merchandise to retailers, business users, or other wholesalers. This use can include incidental retail sales to the general public. WINERY: The use of a site that manufactures alcoholic beverages from the fermented juice of grapes, fruits or other liquid bearing plants. The use may include the ancillary sale or dispensing of beverages by the drink or glass and including retail sales to the general public. See also vineyard. WIRELESS COMMUNICATION FACILITY: A steel monopole, guywire tower, lattice tower or other similar structure designed to support directional antennas, parabolic dishes or antennas, microwave dishes, in addition to associated ground equipment and other similar equipment used in the wireless communications industry. WOODWORKING SHOP: An establishment where wood is modified into finished product to be sold. YARD, FRONT: A yard extending between the side lot lines across the front of a lot and from the front lot line to the front of the principal building. YARD, REAR: An area extending across the full width of the property and lying between the rear property line and the nearest line of the principal structure. See figure 8-1E-2. YARD, REQUIRED: An area that extends along a property line to a depth or width specified in the setback regulations for the district in which the property is located. See figure 8-1E-2. YARD, SIDE: An area extending from the front yard to the rear yard between the side property line and the nearest line of the principal structure. See figure 8-1E-2. YARD, STREET: An area extending across the full width of the property and lying between the front property line and the nearest line of a principal structure. See figure 8-1E-2. ---PAGE BREAK--- 53 YARD SALE: The sale of household or personal articles (as furniture, tools, or clothing) held on the seller's own premises. Yard sales are limited to one sale per month, lasting no longer than three days. Yard sales are not commercial activities. 8-1E-2: FIGURE - SETBACKS, REQUIRED YARDS AND PROPERTY TYPE ---PAGE BREAK--- 54 CHAPTER 2 NONCONFORMING PROPERTY, USE OR STRUCTURE 8-2-1: PURPOSE: 8-2-2: APPLICABILITY: 8-2-3: NONCONFORMING PROPERTY: 8-2-4: NONCONFORMING USE: 8-2-5: NONCONFORMING STRUCTURE: 8-2-6: VIOLATIONS: 8-2-1: PURPOSE: The purpose of this article is to allow any nonconforming property, use, or structure that lawfully existed prior to the effective date ( ) to continue until they are removed, but not to encourage their continuation. It is further the intent of this article that nonconforming uses or structures shall not expand or extend the nonconforming aspect of the property, use, or structure, unless approved subject to a conditional use permit as set forth in this title. 8-2-2: APPLICABILITY: These regulations shall apply to any lawfully existing nonconforming property, use, or structure in any district, except: in the event that a property, use, or structure that was deemed nonconforming under past regulations now complies with the standards of this title, such property, use, or structure shall be deemed conforming. 8-2-3: NONCONFORMING PROPERTY: A. The nonconforming property shall not be diminished in size. B. Any property reduced by governmental action that reduces an existing conforming parcel below the required property size shall be deemed as a conforming property for the purpose of development. To be deemed a conforming property, the owner or applicant shall submit documents to the administrator proving the following: 1. The property was in compliance with the minimum property size requirement of the applicable district prior to the decrease in property size; and 2. The decrease in property was caused by acquisition through prescription, purchase, or other means by the transportation authority, a utility company or corporation under the jurisdiction of the Idaho public utilities commission, or other local, state, or federal agency. 8-2-4: NONCONFORMING USE: A. The nonconforming use may continue as long as the use remains lawful and is not expanded or extended, subject to the following provisions: 1. Alteration: No existing structure containing a nonconforming use may be enlarged, extended, constructed, reconstructed, moved or structurally altered except: a) through the approval of a ---PAGE BREAK--- 55 conditional use permit in accord with the procedures set forth in this title; or b) where the use of the structure is changed to a conforming use. 2. Extension: A nonconforming use may be extended to occupy additional land area only through the approval of a conditional use permit in accord with the procedures set forth in this title. B. If a nonconforming use has ceased for twelve (12) consecutive months or has been replaced with a conforming use, the nonconforming use shall be deemed abandoned and shall not be reestablished. C. A nonconforming use or structure housing a nonconforming use that is damaged more than fifty percent (50%) of its current assessed taxable value by fire, flood, explosion, wind, earthquake, war, riot, calamity, or other catastrophic event, shall comply with this title upon reconstruction. If the damage to the nonconforming use or structure housing the nonconforming use is fifty percent (50%) or less of its current assessed taxable value, the nonconforming use may continue, provided that the nonconforming use commences within twelve (12) months of the event. 8-2-5: NONCONFORMING STRUCTURE: A. Nonconforming structures may be enlarged, repaired or modified, with approval of a conditional use permit, provided that the additions or modifications to the structure conform to the requirements of this title. B. A nonconforming structure that is damaged more than fifty percent (50%) of its current assessed taxable value by fire, flood, explosion, wind, earthquake, war, riot, calamity, or other catastrophic event, shall comply with this title upon restoration or reconstruction. If the damage to the nonconforming structure is fifty percent (50%) or less of its current assessed taxable value, the structure may be restored or reconstructed, provided that restoration or reconstruction commences within twelve (12) months of the event. C. Structures listed on the national register of historic places shall be exempt from the regulations of this section. 8-2-6: VIOLATIONS: Properties, uses, or structures that were in violation of previous land use regulations and that remain a violation under this title shall be considered continuing violations. ---PAGE BREAK--- 56 CHAPTER 3 ZONING DISTRICT STANDARDS ARTICLE A DISTRICTS ESTABLISHED 8-3A-1: ZONING DISTRICTS AND PURPOSES ESTABLISHED: 8-3A-2: OFFICIAL ZONING MAP: 8-3A-3: USES WITHIN ZONING DISTRICTS: 8-3A-4: ZONING DISTRICT DIMENSIONAL STANDARDS: 8-3A-1: ZONING DISTRICTS AND PURPOSE ESTABLISHED: The following zoning districts are hereby established. For the interpretation of this title, the zoning districts have been formulated to realize the general purposes as set forth in this title. In addition, the specific purpose of each zoning district shall be as follows: A AGRICULTURAL DISTRICT: To provide for agricultural use with parcels that are 5 acres or larger in size. May include active agriculture, viticulture, equestrian, and residential. Uses include native open space and active farmland. The agricultural land use is not amenity based (sewer, water, schools) and will usually be located away from goods and services. These areas encourage the keeping and raising of crops and/or animals and do not necessarily include manicured yards, sidewalks, bike paths, streetlights or planned park and recreation facilities. Density may be limited due to the limited availability of infrastructure. Wells and septic systems should be permitted for lots in this land use designation if approved by the applicable Health Department. Easements of at least 20-feet in width shall be provided where determined necessary for the future extension of water and sewer mains. Modified street sections and a reduction in light pollution (by reducing or eliminating lighting standards) may be offered for a more rural feel. Private streets may be permitted in this district for access to newly subdivided or split property. This district does allow for some commercial uses as specified in 8-3A-3. R-R RURAL-RESIDENTIAL DISTRICT: To provide for rural single-family residential use adjacent to agricultural uses, adjacent to other Rural Residential type uses, and adjacent to BLM land areas. Parcels are to be two acres minimum. It is the intent of this land use designation to help to preserve Star’s rural feel. Huge manicured “Rural Residential” lots are discouraged and therefore manicured home site areas on these properties should not exceed 1/2 acre. Uses may include active agriculture, viticulture, equestrian, and residential. Uses include native open space and small-scale active farmland. The Rural Residential land use is not amenity based (sewer, water, schools) and will usually be located away from goods and services. These areas encourage the keeping and raising of small-scale crops and/or animals and do not necessarily include manicured yards, sidewalks, bike paths, streetlights or planned park and recreation facilities. Density may be further limited due to the limited availability of infrastructure. Modified street sections and a reduction in light pollution (by reducing or eliminating lighting standards) may be offered for a more rural feel. Private streets may be permitted in this district for access to newly ---PAGE BREAK--- 57 subdivided or split property. This land use designation is to be located such that it does not block extension of urban services at reasonable costs. Wells and septic systems should be permitted for lots in this land use designation if approved by the applicable Health Department. Easements of at least 20-feet in width shall be provided where determined necessary for the future extension of water and sewer mains. This district does allow for some commercial uses as specified in 8- 3A-3. R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential neighborhoods. Gross density in a Residential district shall be determined according to the numeral following the R. The numeral designates the maximum number of dwelling units per acre. In zoning designations of R-1, R-2, R-3, R-4 and R-5, housing shall be single family detached unless approved with a PUD or development agreement. Connection to municipal water and sewer facilities are required for all subdivision and lot split applications submitted after the effective date hereof in all districts exceeding one dwelling unit per acre. Wells and septic systems may be permitted for larger lots in this land use designation that are not adjacent to municipal services, as determined by the Sewer District, and if approved by the applicable Health Department. Private streets may be approved in this district for access to newly subdivided or split property. This district does allow for some non-residential uses as specified in 8-3A-3. CBD CENTRAL BUSINESS DISTRICT: To provide for commercial, retail, civic, office, and entertainment uses. High density housing is encouraged on the upper floors of mixed-use buildings and may be allowed at the fringes of the land use designation shown on the comprehensive plan. Live/work designed development is also encouraged in this district. Developments in this district are to place an emphasis on pedestrian and bicycle access and compatibility. Special emphasis shall be placed on development in the central downtown area to encourage and create a vibrant, walkable downtown community that incorporates the Boise River as an active amenity. C-1 NEIGHBORHOOD BUSINESS DISTRICT: To provide for the establishment of convenience business uses which tend to meet the daily needs of the residents of an immediate neighborhood while establishing development standards that prevent adverse effects on residential uses adjoining a C-1 district. Such districts are typically appropriate for small shopping clusters or integrated shopping centers located within residential neighborhoods, where compatible. C-2 GENERAL BUSINESS DISTRICT: To provide for the establishment of areas for commercial uses allowed in other commercial zones and commercial uses which are more intensive than those permitted in other commercial zones, and typically located adjacent to arterial roadways and not immediately adjacent to residential, including the establishment of areas for travel related services such as hotels, motels, service stations, drive-in restaurants, offices, limited warehousing, commercial services and retail sales. L-O LIMITED OFFICE DISTRICT: To provide for the establishment of groupings of professional, research, executive, administrative, accounting, clerical, limited commercial and similar uses. Development shall not be traffic intensive and research facilities shall not involve ---PAGE BREAK--- 58 heavy testing operations of any kind. The L-O district is designed to act as a buffer between other more intense nonresidential uses and residential uses and is thus a transitional use. LI LIGHT INDUSTRIAL DISTRICT: To provide for manufacturing, warehousing, mini‐storage and open storage, multi‐tenant industrial park, contractors yards, and similar uses. Limited office and commercial uses may be permitted as ancillary uses. All development within this land use shall be free of hazardous or objectionable elements such as excessive noise, odor, dust, smoke, or glare. PS PUBLIC/SEMIPUBLIC: To provide for the development of such uses as golf courses, parks, recreation facilities, greenways, schools, cemeteries, and public service facilities such as government offices and utilities. All development within this land use is encouraged to be designed to accommodate the different needs, interests, and age levels of residents in matters concerning both recreation and civil activities. MU MIXED USE DISTRICT: To provide for a mixture of uses which may, at the sole discretion of the Council, include office, commercial, and/or residential depending upon the specific comprehensive plan area designated as Mixed Use. Development within this zone is to proceed through the PUD process unless a development agreement has already been executed for the particular property. Identifying areas for mixed-use development has two objectives. The first objective is to give the city a better tool to manage the type of developments through the planned unit development and/or the Development Agreement process. The second objective is that this zone may allow the development community to be more innovative in design and placement of structures subject to Council review and approval. Rezoning within this land use designation is to be strictly monitored by the city to assure that the Mixed-Use areas are not being used simply to justify high density residential use. Residential uses shall may be part of an overall mixed-use development that includes a non-residential component and may not exceed 30% of the overall size of the development. P PLANNED UNIT DEVELOPMENT: This designation, following any zoning designation noted on the official zoning map of the city R-4-P), indicates that the development was approved by the city as a planned unit development, with specific allowances and design approved by Council. DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted on the official zoning map of the city C-2-DA), indicates that the zoning was approved by the city with a development agreement, with specific conditions of zoning. 8-3A-2: OFFICIAL ZONING MAP: The boundaries of the districts are shown on the official zoning map of the city of Star. The official zoning map is made a part of this title, as well as such other map or maps that are duly adopted. Said official zoning maps properly attested, shall be placed and remain on file in the office of the Star city clerk. ---PAGE BREAK--- 59 8-3A-3: USES WITHIN ZONING DISTRICTS The following table lists principal permitted accessory uses conditional or prohibited uses. A. Permitted uses and accessory uses shall be reviewed in accord with this title. It shall be unlawful and a violation of this title for any person to conduct any permitted use in any district, unless such person first obtains each applicable permit from the city. B. Uses that are listed as C shall be subject to a conditional use permit approval through the public hearing process. Conditional uses shall be approved in accord with the procedures and regulations for conditional uses set forth in this title. It shall be unlawful and a violation of this title for any person to conduct any conditional use in any district, unless such person shall first obtain a conditional use permit approval through the public hearing process from the city. C. The administrator shall interpret the appropriate district for land uses not specifically mentioned by determining the district in which similar uses are permitted. If the administrator determines that a proposed use is not specifically mentioned and is not similar to any specifically mentioned use the administrator shall determine that the use is prohibited. D. When submitting a CUP, PUD or development agreement for a mixed-use zone, or for multiple conditional uses on one site, all uses that are contemplated for the development shall be identified with the application and shall be reviewed by the council to determine which may be permitted, which should remain as conditional uses and which should be prohibited. A development agreement may be used in lieu of a conditional use permit application or a PUD application if the council makes the findings as otherwise required. E. In zoning designations of R-1, R-2, R-3, R-4 and R-5, housing shall be single family detached unless approved with a PUD or development agreement in lieu of a PUD. F. As of the adoption of this ordinance the Rural transitional district zone (RT) has been eliminated for new zoning. Properties with a Rural transitional zoning designation (RT) on the effective date of this ordinance shall be considered nonconforming use properties subject to the nonconforming use regulations herein, and shall automatically revert to Rural Residential (RR) for the purpose of zoning until a time that they are rezoned to a district that meets the adopted Comprehensive Plan Land Use Map. ---PAGE BREAK--- 60 ZONING DISTRICT USES USES A R-R R CBD C-1 C-2 L-O LI PS MU Accessory structure- Residential or Commercial A A A N/C A A A A A C/P Adult business/adult entertainment N N N N N N N C N N Agriculture, forestry, fishing P P N N N N N N N N Airport C N N N N N N C N N Animal care facility 1 P C N C P P P P N C Artist studio1 P P N P P P P P P P Arts, entertainment, recreation facility1 C N N P C P P C P C Asphalt plant 1 N N N N N N N C N N Auction facility N N N N N C N C N C Automated Teller Machine (ATM) 1 N N N A A A A A A A Automotive hobby 1 A A A N N N N A N A Automotive mechanical/electrical repair and maintenance N N N C C P N P N C Bakery- Retail or Manufacturing N N N P P P P P N P/C Bar/tavern/lounge/drinking establishment N N N P C P C C N C Barbershop/styling salon N N N P P P P N N P Bed and breakfast P P N P P P N N N C Beverage bottling plant N N N N N N N P N N Boarding house C C C N N N N N N C Brewery/Distillery N N N P C P N P N C Brewpub/Wine Tasting A A N P C P C C N C Building material, garden equipment and supplies N N N P C P C P N C Campground/RV park 1 C N N N N N N N N C Caretaker Unit 1 A A A N A A N N A A Cement or clay products manufacturing N N N N N N N P N N Cemetery 1 C C N N N N N N P N Chemical manufacturing plant 1 N N N N N N N C N N Child Care center (more than 12) 1 N C N C C C C N N C Child Care family (6 or fewer) 1 A A A A A A A N N A Child Care group (7-12) 1 C C C C C C C N N C Child Care-Preschool/Early Learning1 N C C C C C C N N C Church or place of religious worship1 P P C N P P P N C P Civic, social or fraternal organizations C N N P P P P N N C ---PAGE BREAK--- 61 Concrete batch plant 1 N N N N N N N C N N Conference/convention center N N N P P P P C C C Contractor's yard or shop 1 C C N N N N N C N N Convenience store N N N P C P P P N C Dairy farm C N N N N N N N N N Drive-through establishment/drive-up service window 1 N N N P P P C C N C Dwelling: Multi-family 1 N N C C N N N N N N C Secondary 1 A A A C N N N N N N C Single-family attached N N P C N N N N N N C Single-family detached P P P C N N N N N N C Two-family duplex N N P C N N N N N N C Live/Work Multi-Use 1 N N N C N N N N N C Educational institution, private C C C C C C C N N C Educational institution, public C C C C C C C N C C Equipment rental, sales, and services N N N C C P N P N C Events Center, public or private (indoor/outdoor) C C N C C C N C C C Fabrication shop N N N N N P N P N N Farm P P N N N N N N N N Farmers' or Saturday market C C N C C C C C C C Feedlot N N N N N N N N N N Financial institution N N N P P P P P N C Fireworks Stands N N N C P P P C P C P N C P Flammable substance storage N N N N N N N C N N Flex Space N N N N C P C P N C Food products processing C N N N C C N P N N Fracking N N N N N N N N N N Gasoline, Fueling & Charging station with or without convenience store 1 N N N C C P C P N C Golf course C C C N C C C C C C Government office N N N P P P P P P C Greenhouse, private A A A N N N N N N A Greenhouse, commercial P C N N C P N P N C Guesthouse/granny flat P P C N N N N N N C Healthcare and social services N N N P P P P P N C ---PAGE BREAK--- 62 Heliport C N N N N N N C N N Home occupation 1 A A A A N N N N N A Hospital N N N P C P P C N C Hotel/motel N N N C C P N C N C Ice manufacturing plant N N N N N N N P N N Industry, information N N N P P P P P N C Institution N N N C C P N N C C Junkyard N N N N N N N C N N Kennel C C N N N C N C N C Laboratory N N N P P P P P N C Laboratory, medical N N N P P P P P N C Lagoon N N N N N N N C C N Laundromat N N N P P P P P N C P Laundry and dry cleaning N N N P P P P P N C Library N N N P P P P N P N Manufactured home1 P P P N N N N N N C Manufactured home park1 N N C N N N N N N N Manufacturing plant N N N N N C N C N N Meatpacking plant C N N N N N N C N N Medical clinic N N N P P P P N N C P Mining, Pit or Quarry (excluding accessory pit)1 C N N N N N N C N N Mining, Pit or Quarry (for accessory pit)1 A A A A A A A A A A Mortuary N N N N C P N P N C Museum C N N P P P P N P C P Nursery, garden center and farm supply N N N C P P P P N C Nursing or residential care facility1 N N C C P P P N N C Office security facility N N N P P P P P N C Parking lot/parking garage (commercial) N N N C C C C C C C Parks, public and private P P P P P P P P P P Pawnshop N N N P P P P P N C P Personal and professional services N N N P P P P P N C P Pharmacy N N N P P P P P N C P Photographic studio N N N P P P P P N C P Portable classroom/modular building C C C C C C C N C C ---PAGE BREAK--- 63 (for private & public Educational Institutions) Power plant N N N N N N N C N N Processing plant C N N N N N N C N N Professional offices N N N P P P P P N C Public infrastructure; Public utility major, minor and yard1 C C C C C C C C C C Public utility yard C N N N C C N P C N Recreational vehicle dump station N N N N C C N C N A Recycling center N N N N C C N P N N Research activities A N N P P P P P N C Restaurant N N N P C P P C N C Retail store/retail services N N N P C P P P N C Retirement home N N C N C N C N N C Riding Arena or Stable, Private/ Commercial P/C P/C C/N N N N N N N N Salvage yard N N N N N N N C N N Sand and gravel yard C N N N N N N P N N Service building C N N P P P N P N C Shooting range (Indoor/Outdoor) C N N C/N C/N C/N N C N C/N Shopping center N N N P C P N N N C Short Term Rentals1 A A A A N N N N N A Solid waste transfer station N N N N N N N C N N Stable P P C N N N N C N C Storage facility, outdoor (commercial)1 C N N N C P N P N C Storage facility, self-service (commercial)1 C N N N C P N P N C Swimming pool, commercial/public N N N P P P P P P P Television station N N N N N C N C N C Temporary living quarters1 P P C N N N N N N N Terminal, freight or truck1 N N N N N C N P N N Truck stop N N N N N C N P N C Turf farm P P N N N N N N C N Vehicle emission testing1 N N N P P P P P N C Vehicle impound yard1 N N N N N N N P N N Vehicle repair, major1 N N N N C P N P N C Vehicle repair, minor1 N N N C C P N P N C ---PAGE BREAK--- 64 (Ord. 215, 11-2-2011; amd. Ord. 223, 2-21-2012; Ord. 236, 7-15-2014; Ord. 252, 11-2-2015) Notes: 1. Indicates uses that are subject to specific use standards in accord with chapter 5 of this title. NEED TO ADD - #2 & #3 8-3A-4: ZONING DISTRICT DIMENSIONAL STANDARDS: Zoning District Maximum Height Note Conditions Minimum Yard Setbacks Note Conditions Front Rear Interior Side Street Side A 50' 30' 30' 30' 20' R-R 35' 30' 30' 20' 20' R-1 35' 30' 30' 10' 20' R-2 35' 20' 20' 10' 20' R-3 35' 15’ to living area/side load garage 20’ to garage face 15' 5' per story 20' R-4 35' 15’ to living area 20’ to garage face 15' 5' per story 20' R-5 35' 15’ to living 15' 5' 20' Vehicle sales or rental and service1 N N N C C P N P N C Vehicle washing facility1 N N N C C P N P N C Vehicle wrecking, junk or salvage yard1 N N N N N N N C N N Veterinarian office P C N P C P P P P N C Vineyard P P N N N N N C N C Warehouse and storage N N N N N P C P N C Wholesale sales N N N C P P C P N C Winery P C N N N C N P N C Wireless communication facility1 C C C C C C C C C C Woodworking shop N N N N N P N P N N ---PAGE BREAK--- 65 area/side load garage 20’ to garage face R-6 to R- 11 detached housing 35’ 15’ to living area 20’ to garage 10’ if alley load 15’ 4’ if alley load 3’ 20’ R-6 to R- 11 attached housing 35’ 15’ to living area 20’ to garage 10’ if alley load 15’ 4’ if alley load 0’ for common walls 5’ at end of building 20’ R-12 and higher 35’ 15’ to living area 20’ to garage 15’ 4’ if alley load 5’ for single story 10’feet for multi-story 20’ CBD 35' 0' 0' 0' 0' C-1 35' 20' 5' 0' 20' C-2 35' 20' 5' 0' 20' LO 35’ 20’ 10’ 0’ 20’ PS 35’ 20’ 10’ 0’ 20’ MU 35' For MU and CBD - Unless otherwise approved by the Council as a part of a PUD or development agreement, all residential buildings shall follow the residential setbacks shown in this table based upon the project density and all other buildings shall follow setbacks for the C-2 zone Notes: 1. Front yard setback shall be measured from the face of the garage to the face of the sidewalk, allowing for 20’ of parking on the driveway without overhang onto the sidewalk. 2. Interior side yard setbacks for lots with 50’ or less of lot width shall be allowed 5’ interior side yard setbacks for one and two-story structures. 3. All setbacks in the M-U zone shall be a minimum 15’ when adjacent to a residential use or zone. Note Conditions: A. Minimum Property Size: 1. Each property shall be of sufficient size to meet the minimum setbacks as established in this ---PAGE BREAK--- 66 section. 2. Minimum property size shall be determined exclusive of land that is used for the conveyance of irrigation water, drainage, creek or river flows unless: a) the water is conveyed through pipe or tile; and b) included as part of a utility easement that generally runs along the property lines. 3. When two or more parcels of land, each of which is of inadequate area and dimension to qualify for a permitted use under the requirements of the district in which the parcels are located, are held in one ownership, they shall be used as one property for such use. 4. Front yard setback shall be measured from the back of sidewalk. B. Minimum Street Frontage: 1. Properties with street frontages on cul-de-sacs or at approximately a ninety-degree (90°) angle shall be a minimum of twenty feet (20') measured as a chord measurement. 2. Street knuckles shall be separated from through traffic by a landscape island. Properties with frontages on such knuckles shall be a minimum of twenty feet (20') measured as a chord measurement. 3. All other properties with street frontage shall have a minimum of thirty feet C. Additional Setback Criteria: 1. Chimneys, pop out windows, direct vent gas fireplaces, entertainment centers, window seats and other projections which do not increase the usable floor area and do not exceed eight feet in width may project up to two feet into any required setback, provided that projections that are at finished grade, including, but not limited to, chimneys and fireplaces, do not encroach within a side yard utility easement. 2. One detached accessory building that is less than two hundred (200) square feet in area and nine feet or less in height shall be allowed in the required rear yard. In no case shall an accessory building be allowed in the street yard or the required side yard. 3. Accessory structures, such as decks and patios, which are one foot or less in height, as measured from the property's finished grade, may occupy any yard area. 4. In all residential zones garages and carports opening onto a side street must have a minimum distance between the opening of such garage or carport and the side street lot line of not less than twenty feet 5. Front yard setback from arterial and collector streets (as identified on the highway district functional classification map) is 30 feet in all residential zoning districts. 6. Street side setback on arterial and collector streets (as identified on the highway district functional classification map) is 20 feet in all residential zoning districts. 7. Setback areas are subject to drainage compliance or otherwise specified within this title. 8. If a conditional use, PUD or development agreement in lieu of a PUD is utilized, waivers to setbacks shall be permitted if determined by the council to be appropriate for the said development and that such waivers will be compatible with the area and that the overall density allowed by the said zoning district is not exceeded. D. Maximum Height Limit: 1. Height exceptions shall not be permitted except by discretion of the council with the submittal of a conditional use permit or development agreement application. 2. The maximum height limitations shall not apply to the following architectural features, not intended for human occupation: spire or steeple, belfry, cupola, chimney. Such architectural ---PAGE BREAK--- 67 features shall have a maximum height limit of twenty feet as measured from the roofline. 3. The maximum height limitations shall not apply to the following: amateur radio antenna; bridge tower; fire and hose tower; observation tower; power line tower; smokestack; water tank or tower; ventilator; windmill; wireless communication facility, or other commercial or personal tower and/or antenna structure; or other appurtenances usually required to be placed above the level of the ground and not intended for human occupancy. 4. No exception shall be allowed to the height limit where the height of any structures will constitute a hazard to the safe landing and takeoff of aircraft in an established airport. E. All new residential and accessory structures within any zoning district shall comply with residential setbacks. F. Spite strips, common lots, phasing, or any other means of any type purposely or otherwise used to block services or development, including but not limited to sewer, water, streets, or utilities are not allowed in any zoning district within the City of Star. ---PAGE BREAK--- 68 ARTICLE B ADDITIONAL RESIDENTIAL DISTRICT STANDARDS 8-3B-1: ALL AGRICULTURAL AND RESIDENTIAL DISTRICTS: 8-3B-2: RURAL RESIDENTIAL DISTRICT: 8-3B-3: RESIDENTIAL DISTRICTS: 8-3B-1: ALL AGRICULTURAL AND RESIDENTIAL DISTRICTS: A. Comply with Section 8-3A-1: ZONING DISTRICTS AND PURPOSE ESTABLISHED. B. Lighting shall comply with dark sky lighting requirements. 8-3B-2: RURAL RESIDENTIAL DISTRICT: A. Comply with Section 8-3A-1: ZONING DISTRICTS AND PURPOSE ESTABLISHED. B. Manicured homesite areas shall be minimal and subordinate to open rural ground for pastures, farming, and other rural uses. C. Rural style street sections shall be provided if approved by the applicable roadway authority. D. Rural Residential developments are to be located so that they do not block extension of urban services at reasonable costs and will require utility easements where necessary to assure urban service extensions. 8-3B-3: RESIDENTIAL DISTRICTS: A. Comply with Section 8-3A-1: ZONING DISTRICTS AND PURPOSE ESTABLISHED. B. When development is planned with lots that directly abut existing lots within a Rural Residential area, or “Special Transition Overlay Area” as shown on the Comprehensive Plan Land Use map, an appropriate transition shall be provided for the two abutting residential lot types. A transition shall take into consideration site constraints that may exist and may include clustering of the urban lots in order to provide an open space area avoiding urban lots directly abutting rural residential lots, or may include the provision of a buffer strip avoiding urban lots directly abutting rural residential lots, or may include setbacks within the urban lots similar to the rural ---PAGE BREAK--- 69 residential lots directly abutting, or may include the provision of one half to one acre size lots directly abutting the rural residential lots. C. Urban style development, as guided by provisions within the compressive plan and this Title, is required to limit urban sprawl, however, densities of no more than 1 to 2 dwelling units per acre are to be designed within the floodplain, ridgeline developable areas and hillside developable areas (both as defined within the comprehensive plan). D. Housing developments with densities of R-11 and higher shall be designed to limit height, increase setbacks and/or provide additional landscaping along the perimeter of the development, if determined by the council, where abutting areas are planned for lower densities. E. Rezoning to R-11 and higher shall not be allowed unless adequate ingress/egress to major transportation corridors is assured. F. All new residential, accessory uses or additions/remodels within the residential zones shall pave all unpaved driveways to the home. G. Spite strips, common lots, unreasonable development phasing, or other means of any type purposely or unintentional that may result in the blocking of services or development, including but not limited to sewer, water, streets, or utilities are prohibited in any zoning district within the City of Star. ---PAGE BREAK--- 70 ARTICLE C ADDITIONAL COMMERCIAL DISTRICT STANDARDS 8-3C-1: ALL COMMERCIAL DISTRICTS: 8-3C-2: CBD CENTRAL BUSINESS DISTRICT: 8-3C-1: ALL COMMERCIAL DISTRICTS: A. Comply with Section 8-3A-1: ZONING DISTRICTS AND PURPOSE ESTABLISHED. 8-3C-2: ADDITIONAL CENTRAL BUSINESS DISTRICT STANDARDS: A. Comply with Section 8-3A-1: ZONING DISTRICTS AND PURPOSE ESTABLISHED. B. High density residential may be permitted within the CBD in mixed use buildings with commercial or office type uses on the first floor and high density residential on upper floors. C. New development on Main Street and Star Road, generally south of State Street, shall include transition consisting of a compatible mix of lower intensity commercial, retail and office type uses mixed with live/work type residential. Existing Single-Family uses are encouraged to convert to or redevelop as non-residential uses. D. Big Box commercial, generally a single-story single use building over 50,000 square feet, shall not be permitted and any single-story single use building which is large in scale, such as approaching the 50,000 square foot size, shall be located to front on Highway 44 or Star Road. ---PAGE BREAK--- 71 ARTICLE D ADDITIONAL LIGHT INDUSTRIAL DISTRICT STANDARDS 8-3D-1: LI LIGHT INDUSTRIAL DISTRICT: A. Comply with Section 8-3A-1: ZONING DISTRICTS AND PURPOSE ESTABLISHED B. Specific Standards for Light Industry: 1. All mechanical equipment emissions; shipping and/or delivery; or other outdoor activity areas shall be located a minimum of three hundred feet (300') from any abutting residential districts, or the use is subject to a conditional use permit. 2. The application shall identify how the proposed use will address the impacts of noise and other emissions on adjoining residential districts. More specifically, the following adverse effects shall be mitigated through setbacks, buffers, sound attenuation and/or hours of operation: a. Noise, odor, or vibrations; or direct or reflected glare detectable by the human senses without the aid of instruments. b. Radioactivity and electric or electromagnetic disturbances that unduly interfere with the normal operation of equipment, instruments, or appliances on abutting properties. c. Any other emission or radiation that endangers human health, results in damages to vegetation or property or which exceeds health and safety standards. d. In the event that the administrator determines that the applicant cannot adequately address such impacts, the use shall be subject to conditional use approval. ---PAGE BREAK--- 72 ARTICLE E ADDITIONAL MIXED-USE DISTRICT STANDARDS 8-3E-1: MU MIXED USE DISTRICT: A. Comply with Section 8-3A-1: ZONING DISTRICTS AND PURPOSE ESTABLISHED B. All development applications within a mixed-use district shall be accompanied by a conditional use permit, planned unit development, or development agreement application, which shall include a concept plan of the development. C. The administrator shall make a recommendation to the applicant regarding what mix of uses are appropriate for any mixed-use development and shall then make a recommendation to the Council. D. The development shall include uses from two or more of the land use categories such as residential, commercial, office, light industrial, public space or agricultural. E. Mixed-use areas along state highways, where adequate access can be provided for commercial use, shall be predominantly commercial with a very minor component of residential unless the residential is placed on upper floors as part of a mixed-use building. F. For any mixed-use development which includes a residential component, a minimum of two housing types, including but not limited to, single-family detached dwellings, single family attached dwellings and multi-family dwellings, shall be required. This excludes multi-family that is proposed to be placed solely on upper floors as part of a mixed-use building. G. The Council may place requirements on a mixed-use development, including a ratio of uses and/or timing of phases, to ensure that the overall development maintains its mixed-use intent. requiring phasing percentages of specific uses. Better defined/percentage ---PAGE BREAK--- 73 CHAPTER 4 ADDITIONAL REGULATIONS APPLICABLE TO ALL DISTRICTS ARTICLE A. PERFORMANCE STANDARDS 8-4A-1: PURPOSE: 8-4A-2: APPLICABILITY: 8-4A-3: ACCESSORY STRUCTURES: 8-4A-4: ADDRESS NUMBERING: 8-4A-5: BIKEWAYS: 8-4A-6: CLEAR VISION TRIANGLE: 8-4A-7: OBJECTIONAL CONDITIONS: 8-4A-8: DRAINAGE AND STORMWATER MANAGEMENT: 8-4A-9: ENCLOSED TRASH AREA: 8-4A-10: FENCES: 8-4A-11: GRADING: 8-4A-12: PATHWAYS: 8-4A-13: OUTDOOR LIGHTING: 8-4A-14: OUTDOOR SERVICE AND EQUIPMENT AREAS: 8-4A-15: PRESSURIZED IRRIGATION SYSTEM: 8-4A-16: SELF-SERVICE USES: 8-4A-17: SIDEWALKS AND PARKWAYS: 8-4A-18 : WATER AND SEWER SUPPLY, PUBLIC: 8-4A-1: PURPOSE: This article provides standard regulations for the location, design, and development of new land uses and the alteration of existing land uses. This article supplements the regulations for development as otherwise stated within this title. 8-4A-2: APPLICABILITY: This article shall apply to the development of all principal permitted, accessory and conditional uses. The following regulations are the minimum standards of development. Additional standards may be applied in accord with specific use standards, or other regulations of this title. 8-4A-3: ACCESSORY STRUCTURES: A. No detached accessory building or structure shall occupy any area in front of the main building, unless approved as a conditional use or with a development agreement. B. Regardless of their size, detached accessory buildings shall not encroach into required street side or front yard areas. ---PAGE BREAK--- 74 C. A principal permitted structure with a valid building permit and being at least fifty percent (50%) constructed shall be present on the subject property. D. The accessory structure shall not be used as an additional dwelling. See secondary dwelling for allowance as a dwelling. E. The accessory structure shall not be used for commercial or industrial purposes. F. The accessory structure shall not be used to store commercial vehicles. G. An accessory structure shall not be located in any required yard or on any publicly dedicated easement. H. An accessory structure located in the rear yard shall not exceed a height of twenty-four feet I. An accessory structure located in the side yard, or portion thereof, shall be similar in appearance and color to the principal permitted dwelling. J. Accessory structures shall not be allowed in the central business district. 8-4A-4: ADDRESS NUMBERING: All residential, commercial and industrial buildings within the City shall be numbered with an address assigned by the City. Numbers on residential buildings shall be a minimum of four inches in height. Numbers on commercial, industrial and apartment buildings shall be a minimum of twelve inches (12") in height. Number colors should contrast with the building color so that they are plainly visible. 8-4A-5: BIKEWAYS: A. Bikeways shall be encouraged within all developments, within the public right of way or separate easement, consistent with the city's comprehensive plan. B. The roadways to bikeways plan as adopted by the county highway district, shall be considered when reviewing bikeway designs. C. Standards: For bicycle and parking standards, see Chapter 8, Design Review. D. New bikeways shall provide adequate easements to the City to provide connectivity. 8-4A-6: CLEAR VISION TRIANGLE: A. Measurement of the Clear Vision Triangle: 1. For two public streets, the area is defined by measuring from the intersection of the edge of the travel lane (excluding parking and sidewalk) a distance of forty feet (40') along each road. (See figure 8-4A-7(a) of this section.) ---PAGE BREAK--- 75 2. For a public street and driveway or alley, the area is defined by measuring from the intersection of the edge of travel lane and the corner of the driveway or alley twenty feet (20') along the roadway and ten feet (10') along the driveway or alley. See figure 8-4A-7(a) of this section. FIGURE 8-4A-7(a) CLEAR VISION TRIANGLE DRAWING ---PAGE BREAK--- 76 B. Standards, Both at Controlled and Uncontrolled Intersections: 1. Planting and Development Standards: a. Any class I or class II trees planted within a clear vision triangle shall be pruned to a minimum height of eight feet above the adjacent ground (less the height of berm, if applicable) or sidewalk surface and fourteen feet (14') above the adjacent street surface. See figure 8-4A-7(a) of this section. b. No evergreen trees shall be planted within any clear vision triangle. c. No class III trees shall be planted within any clear vision triangle. d. The maximum height of any berm or vegetative ground cover at maturity within the clear vision triangle shall be three feet from the lowest adjacent street grade. e. No fences higher than three feet from the lowest adjacent street grade are permitted within four feet from the corner of a lot that abuts two streets to provide a safe clear vision triangle for vehicular traffic. f. No signs taller than three feet are permitted in the clear vision triangle, except for street/stop signs approved by the transportation authority. g. Street signs must be visible and clear of vegetation of any kind. 2. Other Agency Standards: In all cases, the transportation authority standards shall apply in addition to city of Star standards. 8-4A-7: OBJECTIONAL CONDITIONS RESTRICTED: A. Performance Requirements: No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises; except, that any use permitted by this title may be undertaken and maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits as established by the following performance requirements: 1. Fire Hazards: Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the uniform fire code. 2. Radioactivity Or Electrical Disturbances: No activity shall emit harmful radioactivity at any point, or electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance. 3. Noise: Objectionable noise which is due to the volume, frequency or beat shall be muffled or otherwise controlled. 4. Vibration: No vibration shall be permitted which is discernible without instruments on any adjoining lot or property. 5. Air Pollution: Air pollution shall be subject to the requirements and regulations established by the Idaho division of environmental quality. 6. Glare: No direct or reflected glare shall be permitted which is visible from any property outside a manufacturing district or from any street. 7. Erosion: No erosion by person, wind or water shall be permitted which carries objectionable ---PAGE BREAK--- 77 substances onto neighboring properties. 8. Water Pollution: Water pollution shall be subject to the requirements and regulations established by the health authority. 9. Service, Storage and Loading Areas: Service, storage and loading areas located at the rear or side of structures. 10. Landscaping and Signage: Landscaping and signage must meet the criteria outlined in this title. B. Enforcement: The administrator may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances. 8-4A-8: DRAINAGE AND STORMWATER MANAGEMENT: A. Storm Drainage from Right of Way Under The Jurisdiction Of Local Highway District (Public): An adequate storm drainage system shall be required in all developments in accordance with the local highway district standards, specifications, and ordinances. B. The City of Star reviews and approves stormwater management plans and erosion and sediment control plans not covered under item 8-4A-8-A above. The City has adopted in general the standards and requirements of Section 8000, Drainage and Stormwater Management and section 8200 of the most recent addition of the Ada County Highway District Development Manual; and the most recent addition of the Catalog of Stormwater Best Management Practices as prepared by the State of Idaho Department of Environmental Quality. Development shall comply with the above referenced standards and requirements. Additionally: 1. All drainage, irrigation and stormwater from private property shall retained on said private property unless otherwise approved in writing by the administrator and/or city engineer and the jurisdiction receiving the stormwater. 2. Storm water from Public Right of Way shall not be disposed of or conveyed across private property without written agreement and easement between property owner and owner of Public Right of Way. 3. All private above-ground infiltration facilities shall have a percolation/infiltration test completed that demonstrates facility performs in accordance with approved design criteria. Passing test results shall be approved by administrator and/or city engineer prior to issuance of a certificate of occupancy. 4. A plan for operation, maintenance and repair of stormwater facilities owned by private property shall be prepared and submitted to the administrator and/or city engineer for review and approval. The approved plan shall be provided to the parties responsible for maintenance and operation of the facility. 5. Privately owned stormwater facilities shall be designed to allow access for maintenance and operation. This includes heavy equipment access, if required. Maintenance access roads must be a minimum of twelve feet (12') in width, must have an HS-25 load capacity and a minimum turning radius of thirty feet ---PAGE BREAK--- 78 6. Safety ledges in accordance with Idaho BMP’s shall be constructed on the side slopes of all wet detention basins having a permanent pool of water and deeper than five feet 7. Discharge of stormwater to irrigation and/or drainage facilities is prohibited without written permission from irrigation and/or drainage facility owner. 8-4A-9: ENCLOSED TRASH AREA: All trash and/or garbage and recycle collection areas for commercial, industrial and multi-family residential uses shall be enclosed on at least three sides by a solid wall or site obscuring fence of at least six feet in height or within an enclosed building or structure. Adequate vehicular access to and from such area or areas for collection of trash and/or garbage, as determined by the administrator, shall be provided. 8-4A-10: FENCES: The following regulations shall govern the type, location, and construction of all fences: A. General Standards: 1. Fences Taller Than Six Feet: All fences taller than six feet require a building permit in the city of Star. 2. Barbwire Fencing: Barbwire fencing shall be prohibited, except through a conditional use permit in the A, RR, MU, C-1, C-2, LI. district, when: a) used as the top section for security fencing; and b) located a minimum of six feet above grade to the bottom wire. Barbwire fencing may be used in the Agricultural district for livestock only. 3. Materials: The use of boxes, sheet metal, old or decayed wood, broken masonry blocks, pallets or other like materials for fencing shall be prohibited. 4. Obstruction: No fence shall obstruct access to public utility boxes, meters or other infrastructure. 5. Maintenance: Fences shall be kept free from advertising and graffiti and maintained in good repair. 6. Front Yard Fences: Front yard fences shall not exceed three feet height for closed vision and four feet open vision. 7. Side Yard Fences on Corner Lots: Side yard fences on corner lots less than or equal to ten (10) feet from the street shall not exceed three feet height for closed vision and four feet (4’0) for open vision. 8. Compliance with Clear Vision Triangle Requirements: All fences shall comply with the clear vision triangle requirements as stated within this article. FIGURE 8-4A-14 Figure 1 - Fence Regulations ---PAGE BREAK--- 79 Figure 2 - Fence Regulations on Corner Properties (Ord. 215, 11-2-2011) ---PAGE BREAK--- 80 8-4A-11: GRADING: A. Final grading of any type of development to be used for construction of any structure shall conform to the requirements of IBC section 1805. B. Provisions to control drainage runoff shall be constructed as part of final grading of any development. Drainage runoff control provisions shall be adequate to prevent any surface or subsurface drainage water from flowing or being conveyed onto an adjacent lot or parcel. C. Any subdivision lot or parcel in the city to be used for construction of any building shall be graded in such a manner that the finish grade within three feet of any lot line, subdivision boundary and parcel boundary comply with the following requirements: 1. Match the grade of the ground of the adjacent lot or parcel at the lot line or parcel boundary; and 2. Finished grade of the ground sloped no steeper than two horizontal to one vertical or 3. Construct a permanent retaining wall so the ground within three feet of the lot line, subdivision boundary and parcel boundary comply with subsections C1 and C2 of this section. D. Permit requirements for retaining walls shall comply with IBC section 105. 8-4A-12: PATHWAYS: A. Pathways are required consistent with the city of Star comprehensive plan within new residential and commercial developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobiles) can be provided. B. Pathways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks, other residential areas, and/or shopping areas. C. Pathways within subdivision shall have a walking surface of at least five feet in width. D. Pathway easements shall be open to the public. All new pathways shall dedicate an easement to the City for public use. E. Pathway easements, dedicated to the City, shall be required along the Boise river as shown within the comprehensive plan and shall be open to the public. Pathway widths along the Boise river shall be determined by the Council. 8-4A-13: OUTDOOR LIGHTING: A. The following types of lighting are exempt from the regulations of this section: 1. Light fixtures that have a maximum output of less than twenty (20) watts. 2. All outdoor lighting produced by the direct combustion of natural gas or other fossil fuels such as kerosene lanterns or gas lamps. 3. Temporary holiday lighting used for seventy-five (75) days or less per year. ---PAGE BREAK--- 81 4. Vehicular lights and all temporary emergency lighting needed for fire protection, police protection, and/or other emergency services. 5. All hazard warning lights required by federal or state regulatory agencies. B. The installation of any of the following types of lighting is prohibited: 1. Mercury vapor lamp fixture and/or lamp. 2. Laser source light or any similar high intensity light when projected above the horizontal. 3. Changing colors, strobe or moving lights, or searchlights (for advertising purposes) are prohibited in all districts. 4. Lighting, including holiday lighting, on commercial or private tower structures that exceed the district height limit is prohibited, except as required by regulations of the federal aviation administration (FAA). C. Standards: 1. Light fixtures that have a maximum output of two hundred sixty (260) lumens twenty (20) watts or more shall have an opaque top and side to prevent upward and outward lighting. 2. Light fixtures that have a maximum output of one thousand (1,000) lumens or more per fixture shall have an opaque top to prevent up lighting, and the bulb shall not be visible. 3. Light fixtures that have a maximum output of one thousand eight hundred (1,800) lumens or more shall have an opaque top to prevent up lighting; the bulb shall not be visible and shall have a full cutoff shield. See figure 8-4A-18, figure 2 of this section. 4. Light fixtures with a maximum output of one thousand eight hundred (1,800) lumens or more shall be placed such that the effective zone of light (as documented by the photometric test report) shall not trespass on abutting residential properties. See figure 8-4A-18, figure 2 of this section. 5. Down style lighting shall be required to preserve dark sky objectives, except where impractical as may be determined by the administrator and Council. 6. See Chapter 8 for additional streetlight and dark sky lighting standards. 7. Floodlight fixtures shall be located in such a manner as to prevent direct glare into a street and to minimize impact on abutting properties. a. Floodlight fixtures shall be installed so that they do not tilt up more than forty-five degrees (45°) down from vertical. 8. Up lighting shall only be allowed in cases where the fixture and any light it emits are shielded from the sky by a roof overhang or similar structural shield. 9. In residential districts, the height of a freestanding light fixture on private property shall not exceed six feet Streetlamps are exempt from this height restriction. 10. Light fixtures mounted on a wall may extend to the full height of the structure, but no farther. 11. Electrical feeds to outdoor light fixtures shall be underground, not overhead. 12. Lighting used to illuminate off street parking areas shall be downward facing and shielded from neighboring properties. ---PAGE BREAK--- 82 FIGURE 8-4A-18 Figure 1 - Examples of Full Cutoff Shields Figure 2 - Light Trespass 8-4A-14: OUTDOOR SERVICE AND EQUIPMENT AREAS: A. Outdoor mechanical equipment in commercial developments (including, but not limited to, heaters and fans) shall not be located within fifty feet (50') of any abutting residential districts. To reduce noise, permanently mounted mechanical equipment shall be enclosed to the maximum extent possible. B. Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of commercial buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out ---PAGE BREAK--- 83 of view from adjacent properties and public streets. 8-4A-15: PRESSURIZED IRRIGATION SYSTEM: A. System Installation Required: In each development, the applicant shall provide underground, pressurized irrigation water. For subdivisions, each and every lot within the subdivision shall have underground pressurized irrigation water in compliance with this chapter. The pressurized irrigation system shall be constructed and installed at the same time as the domestic water lines, but it shall not necessarily be in the same trenches. B. Irrigation System Requirements: 1. The system shall not be connected to potable water, unless a waiver by Star Sewer and Water District is granted per the standards of this title; 2. The system shall be designed by a registered professional engineer licensed in the state of Idaho; 3. The system shall be a piped delivery, operating at a minimum pressure of forty-five (45) pounds per square inch (psi); 4. The system shall deliver to each destination point a minimum fifteen (15) gallons per minute (gpm) at forty-five (45) psi; 5. Main line distribution piping diameter shall be a minimum of three inches 6. All irrigation bibs shall be clearly labeled with the words "Non-Potable Water - For Irrigation Only"; 7. Provisions shall be made for diversion and flow measurement from irrigation water source; 8. Water rights shall be transferred to the association managing entity; 9. Applicant shall secure written approval from all pertinent irrigation entities for each phase of development; 10. If pressurized irrigation will not be available to each lot at all times, applicant shall provide a rotation schedule for irrigation system usage identifying times and days that pressure irrigation will be available to each lot. This schedule shall be included in the CC&R’s for the subdivision. 11. Power filters should be installed to minimize harmonic distortion. 12. All main lines should have appropriate thrust blocks. C. Irrigation System Maintenance and Operation: Irrigation system maintenance and operation shall be provided by the irrigation district or canal company in which the subdivision lies, a municipal irrigation district, or by the formation of another entity capable of operating and maintaining a pressurized irrigation system. Developer shall provide written assurance that provisions have been made for ownership, operation, and maintenance of the irrigation system prior to approval by the city council. D. Conditions for Waiver Of Irrigation System Requirement: The requirement for installation of a pressurized irrigation system may be waived by the city council when the Developer has established that any of the following situations exist: 1. A sufficient surface irrigation water right does not exist for the property: This must be documented in writing by the appropriate irrigation district or canal company and the Idaho department of water resources and shall be submitted with the preliminary plat. The waiver shall be granted only for that portion of the subdivision which cannot be served. ---PAGE BREAK--- 84 2. Existing surface water rights cannot be delivered to the property by the irrigation district or canal company due to delivery capacity or scheduling. The administrator may require the installation of the pressurized irrigation system if water rights may be available within two years. This must be documented in writing by the appropriate irrigation district or canal company. 3. The requirement to provide a pressurized irrigation system may be waived if the city council finds that, due to the specific circumstances, the cost of obtaining water rights, reestablishing water rights or developing the system would impose an undue economic hardship on the developer. For purposes of this section, an undue economic hardship shall consist of showing that the cost per lot to develop the system would be twenty five percent (25%) higher than the cost per lot for providing a system to subdivisions of similar size and density constructed in the city within the previous two years, or that the cost per lot of the system would exceed five percent of the expected per lot market value of the development. 4. If waiver is granted by the city council, pursuant to subsections 1, 2, and 3, above, compliance with Idaho Code section 31-3805 (regulations requiring delivery of irrigation water rights in subdivisions) is still required. 8-4A-16: SELF-SERVICE USES: Any unattended, self-service uses, including, but not limited to, laundromats, automatic teller machines (ATMs), vehicle washing facilities, fuel sales facilities, and storage facilities, shall comply with the following requirements. The Star police designee may approve alternative standards where it is determined that a similar or greater level of security is provided: A. Entrance or view of the self-service facility shall be open to the public street or to adjoining businesses and shall have low impact security lighting. B. Financial transaction areas shall be oriented to and visible from an area that receives a high volume of traffic, such as a collector or arterial street. C. Landscape shrubbery shall be limited to no more than three feet in height between entrances and financial transaction areas and the public street. 8-4A-17: SIDEWALKS AND PARKWAYS: A. All sidewalks (in all zoning designations except the CBD district) shall be a minimum of five feet Sidewalks in the CBD district shall be a minimum of six feet in width. On State Street, sidewalks in the CBD shall be a minimum of eight feet in width. B. Sidewalks shall be designed to flare around mailboxes, utility boxes and other impediments to pedestrian circulation to maintain a minimum five feet of travel width. C. Detached sidewalks shall be required along all arterial and collector streets. The requirement for detached sidewalks can be waived by the administrator if the detached sidewalks are incompatible with existing and/or future uses of neighboring properties. ---PAGE BREAK--- 85 D. In agricultural, rural residential and R-1 districts, or in areas of a rural nature as determined by the Council to be appropriate by development agreement, sidewalks may not be required. E. When existing sidewalk is located adjacent to a property, the sidewalk shall be extended the length of the subject property with a minimum width to meet the standards of this title. F. In certain instances where property is located along W. State Street in the CBD, and when the Idaho Transportation Department is planning future roadway improvements, the applicant may be required to bond for sidewalk improvements. 8-4A-18: TRAVELING SLEEPING QUARTERS: Recreation vehicles and equipment, including, but not limited to, travel trailers, fifth wheels, recreational vehicles, motor coaches, and tents, shall not be used anywhere in the City as living quarters for longer than two weeks unless within an approved campground or recreational vehicle park, or as allowed in the temporary use section. 8-4A-19: WATER AND SEWER SUPPLY, PUBLIC: The owner of any building, whether occupied or not which is within three hundred feet (300’) of the Star Sewer and Water District services shall install water and sewer services and connect to the Star Sewer and Water District system, at the time of annexation and/or development, including remodels. ---PAGE BREAK--- 86 ARTICLE B. OFF STREET PARKING AND LOADING REQUIREMENTS 8-4B-1: PROCESS: 8-4B-2: PARKING STANDARDS: 8-4B-3: REQUIRED NUMBER OF OFF-STREET PARKING SPACES: 8-4B-4: STANDARDS FOR ALTERNATIVES TO ON SITE PARKING: 8-4B-5: OFF STREET LOADING SPACE REQUIREMENTS: 8-4B-1: PROCESS: An off-street parking and loading plan shall be required as a component of any applicable permit. Such plan shall also be reviewed by the Star joint fire protection district. Such plan shall show the following: A. The off-street parking and loading plan shall contain the location, size, and type of all proposed off-street parking and loading facilities. B. If the proposed development project shall be completed in phases, such phases shall be noted on the plan. 8-4B-2: PARKING STANDARDS: A. Design of Parking Areas: 1. All parking areas shall be designed and constructed to provide the type and number of off- street parking spaces required by this article and designed as required by this section. 2. Location of parking spaces relative to structure(s). 3. Parking spaces for all detached residential dwelling units shall be located on the same lot as the use that they are intended to serve. 4. Parking for attached residential dwelling units shall be located not more than three hundred feet (300') from the structure(s), except as provided by section 8-4B-7 of this article. 5. Parking spaces for nonresidential uses shall be located not more than five hundred feet (500') from structure(s), except as provided by section 8-4B-7 of this article. 6. Off street parking spaces shall not be located in any landscape buffer as required by this title. 7. Parking stalls and driving aisles shall be designed in accord with the standards in table 8-4C- 5(a) of this section and figure 8-4B-5(b) of this section shows the parking design dimensions. 8. All required parking as determined in section 8-4B-6 of this article shall be designed for standard vehicles. a. All parking areas shall provide on-site turnarounds in accord with the Star fire department standards for all off-street parking spaces and loading facilities. b. The design of off-street parking areas shall not require moving any car to gain access to a required parking space. c. It is the responsibility of the applicant to ensure that the parking lot design and sidewalk and/or access provisions meet all Americans with disabilities act (ADA) requirements. ---PAGE BREAK--- 87 TABLE 8-4B-2(a) REQUIRED STALL WIDTH AND LENGTH BY PARKING ANGLE Parking Angle Stall Width Curb Length Stall Depth One-Way Driving Aisle Two-Way Driving Aisle 0° 9'0" 23'0" 9'0" 12'0" 25'0" 30° 9'0" 18'0" 17'8" 12'0" 25'0" 45° 9'0" 12'9" 20'5" 13'0" 25'0" 60° 9'0" 10'5" 21'10" 16'0" 25'0" 90° 9'0" 9'0" 20'0" 22'0" 25'0" FIGURE 8-4B-2(b) PARKING SPACE AND DRIVE AISLE DESIGN Legend: A. Parking angle D. One-way drive aisle B. Stall width E. Two-way drive aisle C. Stall depth B. Improvements: 1. All off street parking areas, including driveways and parking lots shall be improved with asphalt, concrete, pavers, or bricks, unless otherwise approved as allowed through this title. 2. All parking and loading areas shall provide proper drainage of surface water to prevent the drainage of such water onto adjacent properties or walkways. 3. Except as otherwise provided in this section, all off street parking areas shall be provided with a substantial wheel restraint to prevent cars from encroaching upon abutting private and public property or overhanging beyond the designated parking stall dimensions. This standard shall not apply to temporary uses. 4. Parking spaces shall be marked, including handicapped symbols and signs. ---PAGE BREAK--- 88 5. All lighting provided to illuminate a parking area shall comply with the lighting standards provided in this chapter. 6. All landscaping improvements shall comply with this chapter. C. Bicycle Parking Facilities: Bicycle parking facilities shall meet the following location and design standards: 1. Bicycle parking facilities shall be located as close as possible to the building entrance(s). 2. Bicycle parking facilities shall not obstruct pedestrian walkways, public sidewalks, or building. 3. It is the responsibility of the applicant to ensure that the bicycle parking facilities meet all Americans with Disabilities Act (ADA) requirements. 8-4B-3: REQUIRED NUMBER OF OFF-STREET PARKING SPACES: A. Parking spaces for other permitted or conditional uses not listed herein shall be determined by the administrator. Among the factors for determining the number of spaces to be required for a use not listed herein, the administrator shall compare the proposed use with a use which has similar traffic generating characteristics as outlined in the most recent version of the institute of transportation engineers trip generation manual. B. Minimum Number of Off-Street Parking Spaces: The minimum number of required off street vehicle parking spaces for residential uses shall be: Type Of Use Off-Street Parking Spaces Required RESIDENTIAL Apartments or multi-family dwellings For each unit with 2 or more bedrooms - 2 including 1 covered; for each 1 bedroom or studio unit - 1.5 including 1 covered. Guest parking shall be provided at a ratio of .25 spaces per unit. Boarding houses, lodging houses, dormitories and fraternity houses which have sleeping rooms 1 for each sleeping room or 1 for each occupant, whichever number is greater Mobile home court (RV) 1 for each trailer/RV space Mobile home or manufactured home park For each unit with 2 or more bedrooms - 2 including 1 covered; for each 1-bedroom unit - 1 covered. Single-family dwelling 2 including 1 covered Two-family dwelling For each unit - 2 including 1 covered ---PAGE BREAK--- 89 COMMERCIAL Ambulance services 1 per 500 square feet of gross floor area; plus 2 enclosed ambulance storage spaces Artist studios 1 per 1,000 square feet of gross floor area Auction facility As required with conditional use permit Automobile washing facility 1 per 200 square feet of gross floor area of sales, office, or lounge area; plus, queue for 3 cars per washing station Automotive gas station/service shop or fuel islands 1 for each 2 gasoline pumps and 2 for each service bay (spaces in front of bays or pumps shall not be counted) Automotive, mobile home, travel trailer, and/or farm implement sales 1 per 400 square feet of gross floor area; plus 1 per 500 square feet outdoor display Automotive repair shop, body shop, or tire shop 1 per 225 square feet of gross floor area Automotive storage 1 per 500 square feet of gross floor area of office space; plus 1 per 1,000 square feet of gross storage area Banks/financial institutions 1 for each 200 square feet of gross floor area; plus, queue for 4 cars per drive up window Catering service 1 per 400 square feet of gross floor area Childcare - family 1 Childcare - group 2 Childcare - daycare center 3 for each classroom but not less than 9 for the building Pre-school/Learning Center 3 for each classroom but not less than 9 for the building Churches and other places of religious assembly 1 for each 5 seats Clinic 1 per 200 square feet of gross floor area Club or lodge 1 per 100 square feet of gross floor area ---PAGE BREAK--- 90 Commercial entertainment facilities: Auditoriums, sports arenas, theaters and similar uses 1 for each 3 seats Bowling alleys 3 for each alley or lane, plus 1 additional for each 100 square feet of the area used for restaurant, cocktail lounge, arcade area or similar use Dance floors, skating rinks 1 per 100 square feet of gross floor area Event Center As required with conditional use permit Outdoor swimming pools, public or community or club 1 for each 4 persons' capacity, plus 1 for each 4 seats or 1 for each 30 square feet floor area used for seating purposes, whichever is greater Tennis and racquetball clubs 3 per court Communication facilities 1 per 500 square feet gross floor area Convenience store 1 per 250 square feet gross floor area; plus 1 for each 2 gasoline pumps Detention facilities As specified by conditional use permit Emergency health care 1 per 200 square feet of gross floor area Emergency services 1 per 500 square feet of gross floor area; plus, minimum of 2 enclosed vehicle storage spaces Equipment rental and sales yard 1 per 400 square feet of gross floor area; plus 1 per 500 square feet outdoor display Food and beverage sales 1 per 250 square feet of gross floor area Health clubs, spas, and weight reduction salons 1 per 250 square feet of gross floor area Hospitals 1 for each bed Hotels, motels 1 for each sleeping room, plus 1 for each 2 employees Kennel 1 per 400 square feet of gross floor area Laboratories 1 per 500 square feet of gross floor area Laundromat 1 per 300 square feet of gross floor area Laundry 1 per 400 square feet of gross floor area; plus, queue ---PAGE BREAK--- 91 for 3 cars per drive up window Maintenance and repair services 1 per 400 square feet of gross floor area; plus 1 per 500 square feet of outdoor storage area Mortuaries, funeral parlors, and similar type uses 1 per 4 seats Nursery, plant materials 1 per 500 square feet of outside display/ lathe house/greenhouse area, plus 1 per 250 square feet gross floor area Nursing/convalescent homes, sanitariums, children's homes, asylums and similar uses 1 for each 2 beds Offices, business and professional 1 per 250 square feet of gross floor area Offices, medical and dental 1 per 200 square feet of gross floor area Pawn shops 1 per 250 square feet of gross floor area Personal improvement 1 per 250 square feet of gross floor area Personal services 1 per 250 square feet of gross floor area Printing and/or blueprinting 1 per 400 square feet of gross floor area Restaurant with drive-through 1 per 200 square feet of gross floor area; plus, queue space for 5 cars for drive up service Restaurants, dining rooms, taverns, etc. 1 per 150 square feet of gross floor area; plus 1 per 35 square feet dance floor Retail sales of large items such as furniture and appliances 1 per 500 square feet of gross floor area; Retail sales not listed under another use classification 1 per 250 square feet of gross floor area; Riding academies/stables 1 per 4 stalls Shop, contractors (and/or yard) 1 per 400 square feet gross floor area of shop; plus 1 per 1,000 square feet of gross storage area (indoor and outdoor) Storage (enclosed building and/or fenced area) 1 per 1,000 square feet of gross storage area Travel services 1 per 250 square feet of gross floor area ---PAGE BREAK--- 92 Vet clinic (animal hospital) 1 per 400 square feet of gross floor area INDUSTRIAL Automotive wrecking yard or salvage 1 per 1,000 square feet gross storage area; plus 1 per 300 square feet office or sales area Industry (custom) 1 per 1,000 square feet gross area used for industrial purposes; plus 1 per 300 square feet office or sales area Industry (limited) 1 per 750 square feet of gross floor area used for industrial purposes; plus 1 per 300 square feet office or sales area Industry (research and development) 1 per 500 square feet Manufacturing facilities and processing plants 1 per 500 square feet gross area used for manufacturing/processing; plus 1 per 300 square feet office or sales area Warehousing, wholesaling, distribution and storage 1 per 1,000 square feet gross area up to 20,000 square feet plus 1 per 2,000 square feet gross area over 20,000 square feet PUBLIC/SEMI-PUBLIC Business, technical and trade schools 1 for each 2 students Colleges, universities 1 for each 4 students Cultural facilities 1 per 300 square feet gross floor area; plus 1 per 90 square feet for area for assembly purposes Elementary and junior high schools 2 for each classroom and 1 for every 5 seats in the auditoriums or assembly halls Government offices 1 per 250 square feet gross floor area High schools As required with conditional use permit Kindergartens, childcare centers, nursery schools and similar uses 3 for each classroom, but not less than 9 for the building Libraries, museums and art galleries 1 for each 400 square feet floor area ---PAGE BREAK--- 93 Notes: 1. The size of the garage required for dwelling units shall be measured by exterior dimensions and shall be at least 10 feet by 20 feet for a 1 space garage and 20 feet by 20 feet for a 2-space garage. Driveway widths may be tapered at the street for garages with more than three spaces. 2. The parking pad shall be measured from garage face to edge of sidewalk or edge of paved travel lane (public street, private street, or alley). 3. Within the CBD zoning district minimum required parking shall be reduced by 50% for all uses except for residential uses. 4. To encourage rehabilitation of structures within the CBD zoning district, or a structure within a district proposed to be changed to CBD, existing structures may be upgraded and the use changed if no expansion of the structure is planned and if approved by the building official and Flood Plain Administrator, and no additional parking shall be required except for ADA required spaces. C. Public Safety: In circumstances where there would appear to be a public safety issue, the administrator may request additional information from the applicant to determine if there is sufficient parking. When, in the determination of the administrator, there is insufficient parking, the applicant shall provide alternatives to on-site parking as set forth in section 8-4B-4 of this article. The determination by the administrator shall be based on the following criteria: 1. The specific use(s) proposed and/or on the property; 2. Uses in the vicinity of the property; 3. A traffic study, if prepared, forecasting the expected traffic and parking needs expected from the use(s); 4. The availability of on street, shared, and/or public parking within the vicinity of the use; and/or 5. The availability of public transit, vanpooling or other alternative transportation to serve the use. D. Parking Spaces; Change of Use: Upon any change of use, the number of vehicle parking spaces to be provided shall be calculated according to the requirements of this article for the new use. E. ADA Requirements: It is the responsibility of the applicant to ensure that the size and number of handicap accessible spaces meets all Americans with Disabilities Act (ADA) requirements. F. Spaces Continuously Maintained: The vehicle parking spaces shall be continuously maintained. G. Elimination/Reduction of Spaces: No required parking area or space provided, as required by this article, shall later be eliminated, reduced, or converted in any manner unless other equivalent facilities approved by the administrator are provided. H. Bicycle Parking Spaces: One bicycle parking space shall be provided for every twenty-five (25) vehicle parking spaces, except for single-family residences, two-family duplex, and townhouses. ---PAGE BREAK--- 94 8-4B-4: STANDARDS FOR ALTERNATIVES TO ON SITE PARKING: Alternatives to providing on-site parking as set forth in this section are encouraged in all developments. When required to meet minimum parking standards of section8-4B-3, alternatives may include, but are not limited to, shared use facilities. A. Conditions: Conditions favorable to providing alternatives to on-site parking are as follows: 1. Shared use: a. There are convenient pedestrian connections between separate properties; b. The properties and/or uses are within one thousand feet (1,000') of each other; c. The principal operating hours of the uses are not in substantial conflict with one another; and d. Directional signs provide notice of the availability of parking. B. Agreement: 1. All parties involved with the shared use parking area shall submit a written agreement to the administrator, signed by the applicable parties involved. The agreement shall specify the following: a. Party or parties responsible for construction; and b. Party or parties responsible for maintenance. 2. The applicant or owner shall record such agreement with the county recorder prior to issuance of any permits. 3. The shared use parking agreement may be terminated by the parties only if off street parking is provided in conformance with this article and approved by the administrator prior to the termination. 4. In-lieu-of fees for required parking spaces may be allowed in the Central Business District with a parking space fee being determined solely by the Council. Collected fees shall go towards the purchase and or construction of public parking in the district. 5. Parking garages shall be designed to accommodate future public parking needs. 8-4B-5: OFF STREET LOADING SPACE REQUIREMENTS: A. Off street loading spaces for commercial and industrial uses shall be provided in accord with table 8-4B-5(a) of this section. TABLE 8-4B-5(a) ADD NUMBERS: REQUIRED LOADING SPACES BY GROSS FLOOR AREA Gross Floor Area In Square Feet Required Type And Number Of Spaces 0 to 36,000 1 type B 36,001 to 100,000 1 type A and 1 type B Each additional 75,000 or fraction thereof 1 additional type A B. Type A spaces shall be not less than twelve feet (12') in width and thirty-five feet (35') in ---PAGE BREAK--- 95 length. Type B spaces shall be not less than fifteen feet (15') in width and sixty-five feet (65') in length. All spaces shall have fourteen feet (14') of vertical clearance. C. Parking and loading areas shall be designed so vehicles shall not back out into the street. D. No off street loading space shall be located closer than fifty feet (50') to an abutting rural or residential district unless entirely enclosed within a sound attenuating structure, such as masonry block. No off-street loading space shall face an abutting residential district. E. Any off-street loading space located within fifty feet (50') of a residential district shall not operate between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. ---PAGE BREAK--- 96 ARTICLE C TEMPORARY USE REQUIREMENTS 8-4C-1: APPLICABILITY: 8-4C-2: GENERAL STANDARDS: 8-4C-3: STANDARDS FOR RETAIL FIREWORKS STANDS: 8-4C-4: STANDARDS FOR CONSTRUCTION SITES: 8-4C-5: STANDARDS FOR SEASONAL SALE OF AGRICULTURAL AND FOOD PRODUCTS: 8-4C-6: STANDARDS FOR ARTS, ENTERTAINMENT OR RECREATION EVENTS: 8-4C-7: STANDARDS FOR VENDORS NOT ASSOCIATED WITH AN ARTS, ENTERTAINMENT OR RECREATION EVENT: 8-4C-8: STANDARDS FOR PROMOTIONAL ACTIVITIES IN THE NONRESIDENTIAL DISTRICTS INVOLVING THE SALE OF GOODS AND MERCHANDISE WHERE IT IS ACCESSORY TO THE PRINCIPALLY PERMITTED USE: 8-4C-9: STANDARDS FOR FOOD TRUCKS, TRAILERS AND STANDS (TEMPORARY FOOD OPERATION): 8-4C-1 APPLICABILITY: The regulations of this article shall apply to all temporary uses in all districts with the exception that special events and seasonal activities that are conducted as part of an education facility shall be deemed accessory uses. Temporary uses shall be processed in conjunction with a Certificate of Zoning Compliance. 8-4C-2: GENERAL STANDARDS: A. Time Period: 1. Except as otherwise defined in this section, a temporary use is allowed for a specified period not to exceed six months. 2. For seasonal stands or events, the certificate of zoning compliance shall specify a beginning and end date. B. Location: 1. Structures and/or the display of merchandise shall comply with the setback requirements of the district within which it is located. 2. Temporary structures, signs and merchandise shall be displayed so as not to interfere with the 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. C. Structures: A maximum of one structure shall be allowed and may cover a maximum of five hundred (500) square feet, unless otherwise permitted within the regulations of this title. 1. The use shall not result in the construction of any permanent structures that would not otherwise be permitted subject to the regulations of this title. ---PAGE BREAK--- 97 2. Any temporary structures shall be portable and completely removed at the end of the allowed time period. 3. The applicant shall obtain any necessary building permits. D. Caretaker Unit: 1. One caretaker unit in a trailer or recreational vehicle may be allowed on the site only for the purposes of security and maintenance of the site. 2. The unit shall be completely removed at the end of the allowed time period. E. Parking and Access: 1. Adequate off-street parking shall be provided to serve the use. 2. The use shall not displace the required off street parking spaces or loading areas of the principal permitted uses on the site. 3. The entrance and exit drives shall be designed to prevent traffic hazards and nuisances and shall be approved by the Transportation Authority. 4. All surfaces used for parking shall be constructed with paving, vegetative cover or of dustless material, unless otherwise required subject to the regulations of this title. F. Signs: All signs erected in association with the use shall be in compliance with the regulations of this title. G. Noise: Compressors, fans, pumps, and other motorized equipment shall be located or shielded to reduce noise levels to adjoining properties and shall not operate between the hours of 8 pm to 7 am. If electricity is reasonably available to the site, the applicant shall be required to connect to the electric source. H. Site Conditions: 1. Returned to Clean Condition: The site shall be returned to a clean condition after the termination of the use, including free of debris and garbage. 2. Disposal: Unsold food products, trees, greens, or debris generated by the use shall be properly disposed of off the site. 3. Unobstructed Sidewalk: If a sidewalk or walkway in front of the building is used for the temporary use, a minimum width of four feet shall remain unobstructed for pedestrian use. I. Conditions: The administrator may require additional conditions to mitigate adverse effects on surrounding properties, particularly regarding traffic generated, compressor and pump noise, odor, light and glare, dust, and hours of operation. The conditions may include, but not be limited to, any or all of the following: 1. Standards related to the emission of noise, vibration, and other potentially objectionable impacts. 2. Limits on time of day for the conduct of the specified use, including deliveries and maintenance. 3. Other standards necessary to protect the public health, safety, and welfare and mitigate adverse effects on surrounding property. J. Compliance with Guidelines: The use shall comply with any guidelines, regulations and ---PAGE BREAK--- 98 permitting process required by any authorizing public agencies, including, but not limited to, the Central District Health Department, transportation authority, and the Star city departments. (Ord. 215, 11-2-2011) K. Failure to comply with general standards will result in the revocation of the temporary use permit by the administrator. 8-4C-3: STANDARDS FOR RETAIL FIREWORKS STANDS: A. Retail fireworks stands shall be prohibited in residential districts. B. Firework stands shall comply with General Standards in 8-4C-2 of this title. C. The applicant or owner shall obtain written approval of the Star Joint Fire Protection District prior to issuance of certificate of occupancy. D. Dates of fireworks sales shall comply with Idaho Code section 39-2606. Nonaerial common fireworks may be sold at retail and used beginning at twelve o'clock (12:00) midnight June 23 and ending at twelve o'clock (12:00) midnight July 5 and beginning at twelve o'clock (12:00) midnight December 26 and ending at twelve o'clock (12:00) midnight January 1. Fireworks may be sold and used at any time in compliance with permits issued under the provisions of section 39-2605, Idaho Code. E. Applicant shall comply with the standards for access as determined by the transportation authority. Entrance and exit drives shall be designed to prevent traffic hazards and nuisances. F. A site plan is required showing ingress and egress. Proper turn-around and site circulation shall be provided at all times, including signage indicating parking, entrances and exits. G. Parking areas shall be paved, in vegetative cover, or improved with a dustless material. H. Conditions: The administrator may require additional conditions to mitigate adverse effects on the current and surrounding properties, particularly regarding traffic, access, light and glare, dust, and hours of operation. I. Applicant(s) shall apply for any required building and vendor permits. J. Aerial fireworks shall not be possessed or sold at any time. 8-4C-4: STANDARDS FOR CONSTRUCTION SITES: A. New development shall contain construction debris on site and prevent windblown debris from entering neighboring properties. B. Temporary buildings, construction trailers, equipment and materials may be permitted in any district during the period construction work is in progress. Such temporary facilities or ---PAGE BREAK--- 99 equipment shall be removed within sixty (60) days of completion of the construction work. 8-4C-5: STANDARDS FOR SEASONAL SALE OF AGRICULTURAL AND FOOD PRODUCTS: A. The provisions of this title shall apply to Christmas tree lot, snow cone shack, pumpkin sale stand, produce stand, and similar uses as determined by the administrator. B. Such sales are limited to a period of time not to exceed two consecutive months for pumpkin and Christmas tree sales, and four consecutive months per calendar year for other uses. Christmas tree lots shall be removed by January 1. C. Applicant shall comply with the standards for access as determined by the transportation authority. D. Parking areas shall be paved, in vegetative cover, or improved with a dustless material. E. Applicant shall obtain all appropriate city permits. 8-4C-6: STANDARDS FOR ARTS, ENTERTAINMENT OR RECREATION EVENTS: A. Events, such as festivals, carnivals, circuses, fairs, and amusement rides may be allowed in any nonresidential district for a period not to exceed two weeks within any ninety (90) day period. B. Special, one day events, including, but not limited to farmers markets, charity events, fun runs, may be allowed in residential districts, including City parks, subject to approval by the City. Food trucks and other temporary food operations may be permitted for these events. C. The Star city police department shall review the location and access for any use in this category. D. Vendors shall obtain a city of Star vendor permit. 8-4C-7: STANDARDS FOR VENDORS NOT ASSOCIATED WITH AN ARTS, ENTERTAINMENT OR RECREATION EVENT: A. The applicant shall provide notarized consent of the property owner. B. The use shall be prohibited in certain residential districts. C. Vendor shall obtain city of Star vendor permit. D. No caretaker unit shall be allowed. E. Signs shall only be allowed on the vending units and shall not exceed sixteen (16) square feet ---PAGE BREAK--- 100 in area. F. No direct sales to customers in vehicles shall be allowed. The design and placement of the units shall prohibit such sales. Vendors with drive-up windows must be in a structure and shall be processed as a conditional use in accord with chapter 1, "Administration", of this title. G. The twelve (12) month approval period shall be evaluated at the time of the annual license renewal. 1. If the administrator, city clerk and/or Star city police have unresolved, compelling complaints regarding the vendor, a new temporary use shall be required. Otherwise the twelve (12) month approval period shall be extended. 2. As complaints are received, it will be determined if the complaint represents a compelling health and/or safety issue. Any compelling complaints will be forwarded to the Star city police for resolution in accord with the enforcement provisions of section 8-2A-11 of this title. 8-4C-8: STANDARDS FOR PROMOTIONAL ACTIVITIES IN THE NONRESIDENTIAL DISTRICTS INVOLVING THE SALE OF GOODS AND MERCHANDISE WHERE IT IS ACCESSORY TO THE PRINCIPALLY PERMITTED USE: A. The applicant shall provide notarized consent of the property owner. B. Activities may be conducted outside for a period of not more than two weeks. C. Applicant shall obtain a city of Star vendor permit. D. Applicant may request renewal twice during any calendar year, for a maximum of six weeks per calendar year. (Ord. 215, 11-2-2011; amd. Ord. 236, 7-15-2014) 8-4C-9: STANDARDS FOR FOOD TRUCKS, TRAILERS AND STANDS (TEMPORARY FOOD OPERATIONS): A. Temporary food operations shall only be located on a parcel or lot in a non-residential zoning district, unless otherwise be permitted subject to the regulations of this title. B. The temporary food operation shall be located on a parcel or lot that has a paved driveway and parking lot capable of providing parking during the busiest hours of operation while maintaining safe access to and from the operation. C. The temporary food operation shall further comply with General Standards in 8-4C-2 of this title. D. The number of temporary food operations allowed within City Limits shall be determined by current population. One temporary food operation per 3,000 citizens shall be allowed within City Limits. ---PAGE BREAK--- 101 E. Temporary food operations shall be approved for one year, with yearly Zoning Compliance Reverification application required for continued use. The applicant shall renew their vendors permit annually. every three months during this time period as required within this title. F. Temporary food operations shall be located no closer than 300’ from an existing, established restaurant or business serving food during that establishments normal business hours, unless written approval from the owner of that establishment is provided at the time of application. G. A portable restroom, or arrangements for restroom access from an adjacent business shall be required for employees of a temporary food operation that is in operation longer than two hours. H. A table and chairs or picnic table shall be provided for all temporary food operations. Any additional items, including but not limited to umbrellas, canopies/covers, signs and displays are subject to review and approval at the time of application. I. Food trucks shall be removed from the site daily once service is completed. Trailers and stands may stay on the property so long as it does not create a visual nuisance to the community. ---PAGE BREAK--- 102 ARTICLE D. PRIVATE STREET REQUIREMENTS 8-4D-1: PURPOSE: 8-4D-2: APPLICABILITY: 8-4D-3: STANDARDS: 8-4D-4: REQUIRED FINDINGS: 8-4D-1: PURPOSE: The purpose of this article is to provide better circulation and safety within commercial, industrial, mixed use, multi-family and certain low-density residential (R-1 or lower) developments by allowing private streets to provide frontage and access to properties that do not have internal public streets, when clear emergency vehicle travel lanes and name addressing for the properties are established. It is not the intent to approve private streets for single-family, duplex and/or townhouse developments in higher density residential developments (R-2 or higher, M-U) unless they are part of a planned unit development or development agreement, where creative design elements including, but not limited to, mixed uses, common area mews, live/work concepts and/or distinctive open spaces are designed within the development. The applicability may be extended where the administrator finds it necessary to provide private streets, and Star Fire District determines that private streets will maintain or enhance the safety of a development. All private streets shall be approved by the Star Fire District and City Council. Any private street necessary to provide access and/or frontage in association with a public utility or infrastructure facility and does not provide access to any dwellings shall be exempt from Council approval, but is still subject to fire approval. 8-4D-2: APPLICABILITY: The provisions of this section shall apply to any eligible property that does not have frontage on a public road street or where frontage is not required. 8-4D-3: STANDARDS: All private streets shall be designed and constructed to the following standards: A. Design Standards: 1. Easement: The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot (with access easement) that provides access to all applicable properties. 2. Connection Point: Where the point of connection of the private street is to a public street, the private street shall be approved by the transportation authority. 3. Emergency Vehicle: The private street shall provide sufficient maneuvering area for emergency vehicles as determined and approved by the Star Fire District. 4. Gates: Gates or other obstacles shall not be allowed, unless approved by Council and the Fire District. through a Planned Unit Development or Development Agreement. B. Construction Standards: 1. Obtain approval from the county street naming committee for a private street name(s); ---PAGE BREAK--- 103 2. Contact the transportation authority to install an approved street name sign that complies with the regulations of the county street naming ordinance; 3. Roadway and Storm Drainage: The private street shall be constructed in accord with the roadway and storm drainage standards of the transportation authority or as approved by the city of Star based on plans submitted by a certified engineer. 4. Street Width: The private street shall be constructed within the easement and shall have a travel lane that meets ACHD width standards for the City of Star, or as determined by the Council and Star Fire District. 5. Sidewalks: A five foot attached or detached sidewalk shall be provided on one side of the street in commercial districts. This requirement may be waived if the applicant can demonstrate that an alternative pedestrian path exists. Residential private streets may request a waiver of sidewalks to be approved by Council. 6. Fire Lanes: All drive aisles as determined by the Star Fire District to be fire lanes, shall be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. 7. No building permit shall be issued for any structure using a private street for access to a public street until the private street has been approved. C. The applicant or owner shall establish an on-going maintenance fund through the Owner’s association with annual maintenance dues to ensure that funds are available for future repair and maintenance of all private streets. This shall be a requirement in a development agreement and/or as part of a planned unit development. A reserve account condition shall be included in the recorded CC&R’s and shall be provided to the City for review. The condition of approval shall include the following: 1. Private Road Street Reserve Study Requirements. a. At least once every three years, the board shall cause to be conducted a reasonably competent and diligent visual inspection of the private road street components that the association is obligated to repair, replace, restore, or maintain as part of a study of the reserve account requirements of the common interest development, if the current replacement value of the major components is equal to or greater than one-half of the gross budget of the association, excluding the association’s reserve account for that period. The board shall review this study, or cause it to be reviewed, annually and shall consider and implement necessary adjustments to the board’s analysis of the reserve account requirements as a result of that review. b. The study required by this section shall at a minimum include: i. Identification of the private road street components that the association is obligated to repair, replace, restore, or maintain. ii. Identification of the probable remaining useful life of the components identified in paragraph as of the date of the study. iii. An estimate of the cost of repair, replacement, restoration, or maintenance of the components identified in paragraph iv. An estimate of the total annual contribution necessary to defray the cost to repair, replace, restore, or maintain the components identified ---PAGE BREAK--- 104 in paragraph during and at the end of their useful life, after subtracting total reserve funds as of the date of the study. v. A reserve funding plan that indicates how the association plans to fund the contribution identified in paragraph to meet the association’s obligation for the repair and replacement of all private road street components. c. A copy of all studies and updates shall be provided to the City, to be included in the development application record. 8-4D-4: REQUIRED FINDINGS: In order to approve the application, the administrator and/or Council shall find the following: A. The design of the private street meets the requirements of this article; B. Granting approval of the private street would not cause damage, hazard, or nuisance, or other detriment to persons, property, or uses in the vicinity; and C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. ---PAGE BREAK--- 105 ARTICLE E. COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS 8-4E-1: APPLICABILITY: 8-4E-2: STANDARDS: 8-4E-1: APPLICABILITY: The standards for common open space and site amenities shall apply to all residential developments with a density exceeding one dwelling unit per acre. 8-4E-2: STANDARDS: A. Open Space and Site Amenity Requirement (see also Chapter 8 “Architectural Review”): 1. The total land area of all common open space shall equal or exceed fifteen percent (15%) of the gross land area of the development. Ten percent (10%) of that area shall be usable open space. 2. Each development is required to have at least one site amenity. 3. One additional site amenity shall be required for each additional twenty (20) acres of development area, plus one additional amenity per 75 residential units. 4. Developments with a density of less than 2 dwelling units per acre may request a 50% reduction in total required open space to the Council. 5. For multi-family developments, see Section 8-5-20 for additional standards. B. Qualified Open Space: The following may qualify to meet the common open space requirements: 1. Any open space that is active or passive in its intended use, and accessible or visible by all residents of the development, including, but not limited to: a. Open grassy area of at least fifty feet by one hundred feet (50' x 100') in area; b. Qualified natural areas; c. Ponds or water features where active fishing, paddle boarding or other activities are provided (50% qualifies towards total required open space, must be accessible by all residents to qualify.) ponds must be aerated; d. A plaza. 2. Additions to a public park or other public open space area. 3. The buffer area along collector and arterial streets may be included in required overall common open space for residential subdivisions. 4. Parkways along local residential streets with detached sidewalks that meet all the following standards may count toward the common open space requirement: a. The parkway is a minimum of eight feet in width from street curb to edge of sidewalk and includes street trees as specified otherwise herein. b. Except for alley accessed dwelling units, the area for curb cuts to each residential lot or common driveway shall be excluded from the open space calculation. For purposes of this calculation, the curb cut area shall be a minimum area of twenty-six feet (26') by the width of the parkway. c. Stormwater detention facilities do not qualify to meet the common area open space requirements, unless all of the following is met: ---PAGE BREAK--- 106 1. Must be at least fifty feet by one hundred feet (50' x 100') in area; 2. Specifically designed as a dual use facility, as determined by the administrator, to include minimal slopes, grass throughout, and guarantee of water percolation within 24 hours of storm event. 3. Is located in a development that has a second usable open space area that contains a qualified site amenity as herein defined. 5. Visual natural space, including open ditches, wetlands, slopes or other areas that may not be readily accessible to residents, and is provided with open style fencing, may qualify for up to 20% of the required open space total. C. Qualified Site Amenities: Qualified site amenities shall include, but not be limited to, the following: 1. Clubhouse; 2. Fitness facilities, indoors or outdoors; 3. Public art; 4. Picnic area; or 5. Recreation amenities: a. Swimming pool. b. Children's play structures. c. Sports courts. d. Additional open space in excess of 5% usable space. e. RV parking for the use of the residents within the development. f. School and/or Fire station sites if accepted by the district. g. Pedestrian or bicycle circulation system amenities meeting the following requirements: The system is not required for sidewalks adjacent to public right of way; The system connects to existing or planned pedestrian or bicycle routes outside the development; and The system is designed and constructed in accord with standards set forth by the city of Star; D. Location: The common open space and site amenities shall be located on a common lot or an area with a common maintenance agreement. E. Maintenance: 1. All common open space and site amenities shall be the responsibility of an owners' association for the purpose of maintaining the common area and improvements thereon. ---PAGE BREAK--- 107 Chapter 5 SPECIFIC USE STANDARDS 8-5-1: ANIMAL CARE FACILITY: 8-5-2: ARTIST STUDIO: 8-5-3: ARTS, ENTERTAINMENT OR RECREATION FACILITY, INDOOR AND OUTDOOR: 8-5-4: ASPHALT OR CONCRETE PLANT: 8-5-5: AUTOMATED TELLER MACHINE: 8-5-6: AUTOMOTIVE, HOBBY: 8-5-7: CAMPGROUND/RV PARK: 8-5-8: CARETAKER UNIT 8-5-9: CEMETERY: 8-5-10: CHILD CARE FACILITY: 8-5-11: CHURCH OR PLACE OF RELIGIOUS WORSHIP: 8-5-12: CONTRACTORS YARD OR SHOP: 8-5-13: DRIVE-THROUGH ESTABLISHMENT: 8-5-14 DWELLING UNIT, SECONDARY: 8-5-14: GASOLINE STATION/GASOLINE STATION WITH CONVENIENCE STORE, AND TRUCK STOP: 8-5-15: HOME OCCUPATION: 8-5-16: LIVE/WORK UNIT: 8-5-17: MANUFACTURED/MOBILE HOME GUIDELINES: 8-5-18: MANUFACTURED/MOBILE HOME PARKS: 8-5-19: MINING, PIT OR QUARRY AND ACCESSORY PITS: 8-5-20: MULTI-FAMILY DWELLING/DEVELOPMENT: 8-5-21: NURSING OR RESIDENTIAL CARE FACILITIES: 8-5-22: PUBLIC INFRASTRUCTURE; PUBLIC UTILITY MAJOR, MINOR AND YARD: 8-5-23: RECYCLING CENTER: 8-5-24: RIDING ARENA OR STABLE, COMMERCIAL: 8-5-25: SECONDARY DWELLING UNIT 8-5-26: SHORT-TERM RENTAL: 8-5-27: STORAGE FACILITY, OUTSIDE: 8-5-28: STORAGE FACILITY, SELF-SERVICE: 8-5-29: TEMPORARY LIVING QUARTERS: 8-5-30: TERMINAL, FREIGHT OR TRUCK: 8-5-31: VEHICLE EMISSIONS TESTING: 8-5-32: VEHICLE IMPOUND YARD: 8-5-33: VEHICLE REPAIR, MAJOR AND MINOR: 8-5-34: VEHICLE SALES OR RENTAL: 8-5-35: VEHICLE WASHING FACILITY: 8-5-36: VEHICLE WRECKING OR JUNK YARD: 8-5-37: WIRELESS COMMUNICATION FACILITY: ---PAGE BREAK--- 108 8-5-1: ANIMAL CARE FACILITY: A. Such use shall be located at least two hundred fifty feet (250') from any residence, including motels and hotels, except for an owner's residence. The administrator may modify these requirements if the animals are completely housed in soundproof structures that completely screen them from view of the abutting residential property. B. Fencing shall be required for any outdoor use for animals. The fencing shall be a six-foot fence to secure animals and to buffer adjacent land uses. C. Outside runs shall be operated only between the hours of seven o'clock (7:00) A.M. and nine o'clock (9:00) P.M., with an attendant present on the premises at all times. D. The facility owner and/or operator shall comply with all state and regulations relative to such a facility and shall maintain housekeeping practices designed to prevent the creation of a nuisance and to reduce noise and odor to a minimum. 8-5-2: ARTIST STUDIO: A. All production, fabrication and assembly of materials shall be conducted within a completely enclosed structure if adjoining a residence or a residential district. B. If in an industrial district, accessory retail sales shall be limited to a floor area not exceeding twenty five percent (25%) of the total enclosed area of the use. Goods sold shall be only those produced on the site or complementary products. 8-5-3: ARTS, ENTERTAINMENT OR RECREATION FACILITY, INDOOR AND OUTDOOR: A. General standards: 1. All structures or outdoor recreation areas shall maintain a minimum setback of one hundred feet (100') from any abutting residential districts. 2. No outdoor event or activity center shall be located within one hundred feet (100') of any residential property line and shall operate outdoor uses only between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. 3. Accessory uses include, but are not limited to: retail, equipment rental, restaurant and drinking establishments may be allowed if designed to serve patrons of the use only. 4. Outdoor speaker systems shall be subject to the provisions of title 3, chapter 2, "Noise Control", of this code. 5. May require a Vendor’s Permit, at the discretion of the administrator. B. Additional standards for swimming pool: Any outdoor swimming pool shall be completely enclosed within a six foot non-scalable fence that meets the requirements of the city of Star building regulations in accord with title 7 of this code. C. Additional standards for outdoor stage or musical venue: Any use with a capacity of one hundred (100) seats or more or within one thousand feet (1,000') of a residence or a residential district shall be subject to approval of a conditional use permit. ---PAGE BREAK--- 109 8-5-4: ASPHALT OR CONCRETE PLANT: A. Asphalt mixing and concrete batching may only be allowed as accessory uses to a pit, mine, or quarry in an industrial zone. B. Any structure or equipment shall be a minimum of one thousand feet (1,000') from any dwelling other than the dwelling of the owner or caretaker of the subject property. C. The operation shall meet all federal, state and local standards relating to health and safety. D. A plant may not be used in conjunction with an accessory pit as described within this chapter. 8-5-5: AUTOMATED TELLER MACHINE: The administrator or designee may approve alternative standards where it is determined that a similar or greater level of security is provided. A. A five foot deep space shall be provided in front of the ATM; B. A lighting plan will be required with the intent to ensure that adequate lighting is provided; C. A trash receptacle not impeding access shall be immediately accessible to the ATM; and D. At the time the ATM is removed, the structure's facade shall have a finished appearance consistent with the existing structure. See also "Self-Service Uses", of this title. E. This use is accessory to an approved bank or other financial institution. 8-5-6: AUTOMOTIVE, HOBBY: A. Use prohibited from retail or wholesale sales of vehicles, automotive parts or supplies. B. No commercial restoration, repair, storage or maintenance of motor vehicles. This use shall not be allowed as a Home Occupation. C. Site for hobby shall be maintained in an orderly manner, with no more than two inoperable, dismantled, or unregistered motor vehicles on site unless stored in an enclosed structure. D. Vehicles must be stored in the rear or side yard behind a sight obscuring fence or within a completely enclosed structure. 8-5-7: CAMPGROUND/RV PARK: A. Access: 1. Campground/RV park shall abut and shall have direct access from a collector or arterial road. ---PAGE BREAK--- 110 Plans will show roadways and driveways, including the width and type of surface. 2. Access shall be approved by the Transportation authority. B. Design: The design shall include: 1. Specific locations of sites or units for RVs (recreational vehicles), motor homes, travel trailers or tents. 2. Location of all structures. 3. Method of trash disposal. 4. Utility plan (water/electrical/sewer). C. Site Development: 1. Lighting: The campground/RV park shall be adequately lighted and follow the requirements of outdoor lighting as provided for within this title. 2. Outdoor Speaker Systems: Outdoor speaker systems shall be subject to the provisions of title 3, chapter 2, "Noise Control", of this code. 3. Drainage: Drainage shall comply with drainage requirements of this title. 4. Water, Sewer and Electrical Outlets: Each space shall be provided with water, sewer and electrical outlets and shall comply with all city/state codes. 5. Spaces: Each space shall contain a minimum of one thousand (1,000) square feet, shall be at least twenty feet (20') wide and space boundaries shall be clearly defined. There shall be a minimum of fifteen feet (15') of space between RVs/motor homes/trailers and setbacks as established by the city. 6. Parking: Each space shall provide for off street parking and shall be graveled, paved or provide other means for a dust free surface. 7. Number of Spaces: No greater number of RVs, motor homes or trailers shall be allowed in any campground/RV park than the number of spaces permitted. 8. Landscaped Setback with Screening: A fifty foot (50') landscaped setback with protective screening or fencing shall be required on property boundaries adjacent to a public right of way. Property boundaries adjoining private property shall have a landscaped setback of twenty-five feet (25') with protective fencing. D. Accessory Uses and Accommodations: 1. Buildings and accessory buildings, including, but not limited to, management headquarters, staff housing, recreational structures, laundry facilities, toilets, showers, and other sanitary services, may be allowed subject to the following restrictions: a. Such uses shall be restricted to the occupants of the campground/park. b. Each campground/RV park shall provide restroom facilities that shall include both male and female facilities with no less than two bath or shower accommodations provided for each facility. The restrooms shall provide no less than two toilets to each male and female facility. c. The structures enclosing such uses shall not be located closer than fifty feet (50') to any public street and shall not be directly accessible from any public street. d. Each service building floor shall be of concrete, tile or similar material, impervious to water, and pitched to a floor drain. The structure shall be a permanent structure and meet requirements of the current building code. All structures shall provide proper lighting within the structure twenty-four (24) hours a day. Each building shall provide exterior lighting after dusk and before dawn. ---PAGE BREAK--- 111 e. Each campground/RV park shall provide trash disposal areas for each twenty (20) spaces. Disposal areas shall be fenced with a site obscuring fence, the height of which shall be a minimum four feet and shall be located one hundred fifty feet (150') from any space. f. All campgrounds/parks with fifteen (15) spaces or more shall provide an open space area and amenity constructed in a manner to provide a recreational area for occupants of the campground/park. An additional amenity shall be provided for every additional 40-unit spaces. E. Restrictions: It shall be unlawful for any tent, RV, motor home or travel trailer to be used as permanent living quarters. Maximum stay shall be thirty (30) calendar days for any guest. Once a four-week stay ends, a guest must wait thirty (30) calendar days before returning. 8-5-8: CARETAKER UNIT: A. Use as a caretaker for a construction site. One accessory caretaker unit in a trailer or recreational vehicle may be allowed on the construction site only for the purposes of security and maintenance of the site. B. Use as a caretaker unit and office with an approved conditional use permit for a storage facility. C. Use as an accessory use for an active farm that is 10-acres or greater in size for the purpose of providing living quarters for a hired, seasonal worker to temporarily work the property to harvest crops only. D. The unit shall be completely removed at the end of the allowed time period. 8-5-9: CEMETERY: Graves and monuments shall not be located within fifteen feet (15') from any property line. 8-5-10: CHILD CARE FACILITY: A. General standards for all child care and adult care uses, including the classifications of child care center; child care, family; child care, group; and child care pre-school/early learning: 1. In determining the type of child care facility, the total number of children cared for (excluding the owner/operator's children) during the day and not the number of children at the facility at one time, is the determining factor. 2. On site vehicle pick up, parking and turnaround areas shall be provided to ensure safe discharge and pick up of clients. 3. The city council shall specify the maximum number of allowable clients and hours of operation as conditions of approval. 4. The applicant or owner shall secure and maintain a basic child care license from the state of Idaho department of health and welfare family and children's services division. 5. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between seven o'clock (7:00) A.M. to nine o'clock (9:00) P.M. This standard may be modified through approval of a conditional use permit. ---PAGE BREAK--- 112 B. Additional standards for child care facilities that serve children: 1. All outdoor play areas shall be completely enclosed by minimum six foot non-scalable fence to secure against exit/entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool fence requirements of the building regulations in accord with title 7 of this code. 2. Outdoor play equipment over six feet high shall not be located in a front or side yard. 3. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. 4. If within a subdivision the number of children shall be further approved by the HOA. 8-5-11: CHURCH OR PLACE OF RELIGIOUS WORSHIP: Uses that are accessory to churches or other places of religious worship, such as 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 activity is otherwise permitted in the district. Churches conducting activities outside the normal church events are required to complete a temporary use permit stating when and where the activity will take place and who will be in charge of the activity. 8-5-12: CONTRACTORS YARD OR SHOP: A. General Standards: 1. If the property is located in a residential or rural base district, all structures or outdoor storage areas shall be located a minimum of one hundred feet (100') from any property line abutting another property. The one hundred-foot (100') buffer from the property line shall have a vegetative ground cover and shall be regularly maintained to prevent weed growth. All structures and outdoor storage areas shall be depicted on the master site plan. 2. Outdoor storage areas shall be screened year-round and comply with Chapter 8 of this title. 3. The site shall not be used as an “impound yard”, or "wrecking, junk or salvage yard" as herein defined. 4. For the purposes of this title, a contractor's yard or shop is not a home occupation. 5. The property shall have approved access from an improved public roadway for the use. 6. Maintenance of vehicles or machinery shall be incidental to the contractor's yard or shop and the incidental use shall only include minor repair. ---PAGE BREAK--- 113 7. Accessory office space shall comply with this title and shall be identified on the approved site plan. 8. Parking area improvements shall comply with the standards found in Chapter 4 of this title and shall be delineated on the site plan or parking plan. No on street parking of vehicles or equipment associated with the use is allowed. 9. Use of the property shall comply with Chapter 1, "Noise", of this title. 10. Hours of operation shall be limited between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. unless otherwise approved or restricted with a conditional use permit. 11. No retail sales associated with a contractor's yard or shop may occur on the property unless retail sales are approved with a different use that allows retail sales. 12. A building permit may be required for the change in use or occupancy of any existing structure, or portion thereof, used in association with a contractor's yard or shop. 13. For the duration of the approval, the use shall be subject to zoning inspection upon advanced notice and request by the City. If a permit holder refuses to allow inspection of the premises by the City, the approved conditional use permit may be revoked. B. Additional Standards: Additional standards for a contractor's yard or shop permitted as a conditional use: 1. The following shall be considered as part of the review of an application for a conditional use permit for a contractor's yard or shop: a. The proximity of existing dwellings; b. The number of employees; c. The hours and days of operation; d. Dust; e. Noise; f. Outdoor loading; g. Traffic; h. Landscaping and screening; i. Other. ---PAGE BREAK--- 114 2. The duration of a conditional use permit for a contractor's yard or shop shall be limited. For uses in the agricultural or rural residential zoning districts, the conditional use permit shall expire five years following the approval date. Upon expiration of the conditional use permit, all equipment and materials stored outdoors shall be removed within thirty (30) days from the subject property. A new conditional use permit may be applied for to continue the use, subject to current zoning standards. For uses in the industrial zoning district, there shall be no expiration date. 8-5-13: DRIVE-THROUGH ESTABLISHMENT: A. A drive-through establishment shall be an accessory use where the drive-through portion of the facility (including stacking lanes, speaker and/or order area, pick up windows, and exit lanes) is not immediately adjacent to the drive-through portion of another facility, or immediately adjacent to a residential district or an existing residence, unless approved through a planned unit development. B. All establishments providing drive-through service shall identify the stacking lane, menu and speaker location (if applicable), and window location on applicable permit applications. C. A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum the plan shall demonstrate compliance with the following standards: 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; 4. Any stacking lane greater than one hundred feet (100') in length shall provide for an escape lane; 5. A letter from the transportation authority indicating the site plan is in compliance with the authority's standards and policies shall be required. D. The applicant shall provide a six-foot sight obscuring fence where a stacking lane or window location adjoins a residential district or an existing residence. E. Menu boards are considered as signs. F. Approval from the Fire District is required for the location and access of the drive-thru facility. 8-5-14: GASOLINE STATION/GASOLINE STATION WITH CONVENIENCE STORE, AND TRUCK STOP: A. General standards: 1. When allowed as an accessory use, gasoline or diesel fuel sales facilities shall not occupy ---PAGE BREAK--- 115 more than twenty five percent (25%) of the subject property. 2. The total height of any overhead canopy or weather protection device shall not exceed twenty feet 3. Vehicle stacking lanes shall be available on the property but outside the fueling areas. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right of way by patrons. Such stacking lanes shall be separate from areas required for access and parking. The stacking lanes shall not be located within ten feet (10') of any abutting residential districts. B. Additional standards for fuel sales facility, truck stop: 1. The use shall be located on a principal arterial, collector or near an interstate interchange. 2. The use shall be located a minimum of six hundred feet (600') from any residential district and a minimum of one thousand feet (1,000') from any hospital, unless located within the central business district, in which case a minimum buffer of one hundred feet (100’) shall be required from the existing residential lot line to the property line of the use. 8-5-15: HOME OCCUPATION: The following standards apply to all home occupation uses: A. Persons Involved: No more than three people other than members of the family residing on the premises shall be engaged in such occupation. B. Subordinate Use: The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and no more than twenty five percent (25%) of the floor area of the dwelling shall be used in the conduct of the home occupation. C. Outside Appearance of Premises: There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation. D. Traffic: No significant traffic shall be generated by such home occupation, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified within this title and shall not be located in a required front yard. E. Performance Standards: No equipment or process shall be used in such 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. F. Storage of Materials Outdoors: No storage of materials or supplies outdoors or in any accessory detached storage structure shall be allowed. G. Signs: It shall not involve the use of signs and/or structures other than those permitted in the ---PAGE BREAK--- 116 district of which it is a part. H. Parking of Commercial Vehicle: A home occupation shall not involve the use and parking of a commercial vehicle. I. Off Street Parking: Off street parking shall be provided as specified, in addition to the required off street parking for the dwelling. One paved, off street parking space shall be provided for the nonresident employee, plus a space for any potential clients, if applicable, and shall be improved as per the standards of this title. No overnight parking of client or employee vehicles shall be allowed on site or on-street. J. Hours of Visits: All visits by clients, customers, and/or employees shall occur between the hours of eight o'clock (8:00) A.M. and nine o'clock (9:00) P.M. K. Additional Standards for All Home Occupations: 1 HOA Approval: The applicant shall receive prior approval from the homeowner’s association, if one exists. 2 The following occupations are prohibited as home occupations: service, repair or painting of any vehicle; commercial kennel; adult entertainment; commercial composting; sales, repackaging or use of hazardous materials; or any other uses not consistent with the applicable base district purpose statement. 3 For the duration of an approved home occupation permit, the use shall be subject to zoning inspection upon advanced notice and request by the City. If a permit holder refuses to allow inspection of the premises by the City, the home occupation permit may be revoked. 4 The home occupation shall not receive more than two pick-ups or deliveries per day. 8-5-16: LIVE/WORK UNIT: General Standards: 1. Live/Work units are allowed in the Mixed Use (MU) and Central Business District (CBD) zoning districts. 2. The commercial component of live/work is intended for use by the following occupations: accountants, architects, artists and artisans, attorneys, computer software and multimedia related professions, consultants, engineers, fashion, florist and greens, designers, hair stylists and barbers, insurance, real estate, one-on-one instructors, or similar uses. The Council may authorize other similar uses using reasonable discretion, as long as such other uses are allowed within the base zone and not otherwise precluded by law. 3. Live/work units must be attached. Residential areas are permitted above the commercial component, to the side or in the rear of the business component. 4. The commercial component shall be primarily operated within the unit, but may be also conducted in the yard, provided it meets all further requirements of this title. 5. The external access for the commercial component shall be oriented to the street and should have at least one external entrance/exit separate from the living space. The entrance to the business component shall be located on the ground level. Access to the commercial ---PAGE BREAK--- 117 component of each live/work unit shall be clearly separate from the common walkways or entrances to the other residential units within the development, or other residential units in adjacent developments; 6. The commercial use shall not generate external noise, odor, glare, vibration or electrical interference detectable to the normal sensory perception by adjacent neighbors; 7. No explosive, toxic, combustible or flammable materials in excess of what would be allowed incidental to normal residential use shall be stored or used on the premises. 8. The commercial component as designated on the floor plan approved through the conditional use permit shall remain commercial and cannot be converted to residential use. The residential component may be converted to a commercial use in the CBD zoning district upon approval of a new application. 8-5-17: MANUFACTURED/MOBILE HOME GUIDELINES: A. Application: Application shall be made with the city on a prescribed form. The application shall include all information necessary to determine conformity with required development standards including: exterior dimensions, siding material, foundation fascia material, roofing material, eaves overhang and any other applicable information. The applicant shall also attach to the application: 1. A copy of the manufacturer's instructions for installation of the home on permanent footings. 2. A plot plan showing existing conditions and the proposed location for the home and other improvements at a scale of at least one-inch equals twenty feet = 20'). B. Certificates and Inspection: 1. The applicant shall sign the completed application certifying that the mobile or manufactured home meets the required development standards, and that site development shall be in accordance with said standards, and the plot plan submitted stating that once the mobile or manufactured home is permanently affixed, the applicant shall comply with the requirement for the home to be declared as real property for taxation purposes. These certifications shall be made prior to the moving of the home to the building site. 2. Following application and plot plan approval by the building official, the official may issue a building permit for the footings and foundation. Upon satisfactory inspection of the footings and foundation for the attachment of the mobile or manufactured home, the building official shall verify, in writing, that all development standards have been met as certified by the applicant. The home may then be attached to the foundation in accordance with the manufacturer's instruction, city ordinances for permanent utility connections, and other building requirements. 3. Prior to occupancy, a final inspection shall be made to assure proper attachment of the home to the foundation and placement of a proper foundation fascia. C. Development Standards: 1. Requirements: The use of a manufactured or mobile home as a permanent residential dwelling on an individual lot shall be permitted in any zoning district under this title which permits installation of a single-family site-built dwelling, provided the following standards are met. The home or home site: a. Is multi-section and at least twenty feet (20') wide. ---PAGE BREAK--- 118 b. Has a minimum floor area of one thousand (1,000) square feet. c. Has roofing materials which are generally acceptable for site-built housing. Any roofing material may be used, provided such material has the appearance of a nonmetallic shingle, shake or tile roof. Roofs shall also have a minimum slope of twenty five percent (25%) (3:12) and overhanging eaves. d. Has siding materials which are generally acceptable for site-built housing. Any siding material may be used, provided such material has the appearance of wood, masonry or horizontal metal siding. Reflection from horizontal metal siding shall be no greater than that from siding coated with white, gloss enamel. e. Has a foundation of concrete or other material allowed by the international building code for site-built homes which is aesthetically compatible with the manufactured home and having the appearance of site-built construction. This means the fascia shall be an extension of the siding or be of materials having the appearance of site-built foundations such as brick, concrete or concrete block. f. Is permanently affixed per manufacturer's instructions. Footings shall be of poured masonry extending twenty-four inches (24") below grade. g. Has a crawl space with the following minimum measurements: Eighteen inches (18") of clearance; Twelve inches (12") of clearance under beams; and An eighteen inch by twenty-four-inch (18" x 24") door. h. Complies with all applicable lot size, setback, and other requirements of the zoning district in which it is to be located. i. Provided two off street parking spaces and shall be improved with such material to provide a durable and dust free surface. j. Has a single car garage, or a carport with an attached enclosed storage room. k. Provides right of way improvements in the same manner as site-built construction, in accordance with city policy. D. Rehabilitation Standards: All mobile homes must meet the rehabilitation standards as set forth in Idaho Code title 44. E. Accessory Structures: Accessory structures to mobile or manufactured housing shall be constructed in compliance with the standards specified by the international building code, and the department of housing and urban development standards. Structures shall be aesthetically compatible with the home to which they are associated. F. Nonconforming Manufactured Homes: A manufactured or mobile home which has legally been placed and maintained upon an individual lot prior to the effective date hereof shall be a legal nonconforming use. Such manufactured or mobile homes shall not be relocated within the city without conforming to all applicable provisions contained herein. G. Shall comply with all floodplain requirements, if applicable. 8-5-18: MANUFACTURED/MOBILE HOME PARKS: A. Standards: ---PAGE BREAK--- 119 1. Placement of Homes or Buildings, Distance: Manufactured or mobile homes shall not be placed any closer than fifteen feet (15') to another manufactured or mobile home or building. 2. Accessory Structures, Distance: All accessory structures shall not be located any closer than fifteen feet (15') to another manufactured or mobile home or building which shall include, but not be limited to, structures attached to or located adjacent to a manufactured or mobile home such as awnings, carports, garages, porches or steps. 3. Adjoining Residential District; Yard: Where the manufactured or mobile home park boundaries adjoin a residential district without an intervening street, alley or other permanent open space at least twenty feet (20') in width, a yard of at least twenty feet (20') in minimum dimension shall be provided. Such yard may be used for open space but shall not contain parking areas, carports, recreational shelters, storage structures, or any other buildings. 4. Screening Along Park Borders: A screening wall or vegetation screening along the borders of the manufactured or mobile home park shall be provided. 5. Yard Size: An outdoor living or yard area shall be provided for each manufactured or mobile home. Such areas shall be at least ten percent (10%) of the individual lot but in no case shall such area be less than three hundred (300) square feet. 6. Compliance with Zoning And Floodplain Regulations: All manufactured or mobile home parks shall comply with all other applicable requirements of the zoning district and the requirements of the flood area regulations. 7. Street Standards: Manufactured or mobile home parks shall comply with the standards set by the local transportation authority. 8. Exterior Lighting: The park shall provide lighting at the entrance and other locations as may be determined by the administrator, necessary for public safety and welfare. Lights are to be installed that shall not obstruct the visibility of any oncoming traffic or trespass onto other properties. Lighting shall meet all requirements of this title relating to dark skies. 9. Drainage: Shall comply with ordinances of the city. 10. Common or Open Areas: All parks shall provide an open area at a ratio of 200 square feet per unit space for recreational purposes. Such areas shall provide playground equipment and other amenities for the youth residing in the park. 11. Recreational Buildings: All parks shall provide one recreational building per fifty (50) units to provide an area for family gatherings. 12. Recreational Vehicle Parking: All parks with fifteen (15) spaces or more shall provide one or more parking areas for recreational vehicles for the occupants of the park. No such parking area shall be used or occupied for commercial purpose or by those not residing in the park. Such parking area shall meet the criteria outlined within this title. 13. Manufactured homes shall meet the minimum residential design standards as set forth in Chapter 8 of this title. 8-5-19: MINING, PIT OR QUARRY AND ACCESSORY PITS: A mine, pit or quarry that meets the standards of subsection C of this section shall be considered an accessory pit and shall be reviewed as a temporary use. Any other pit, mine, or quarry shall be reviewed as a conditional use. A. General Use Standards: 1. All operations shall be subject to accepted safety conditions for the type of excavation being ---PAGE BREAK--- 120 performed. 2. Asphalt mixing and concrete batching may only be allowed as accessory uses to a mine, pit, or quarry in an industrial area. 3. Extraction, movement, or stockpiling within the required yards shall be prohibited. The tops and toes of cut and fill slopes shall remain outside the required yards. 4. Areas where equipment is stored shall be deemed outdoor storage areas and shall meet all standards of this title. Such storage areas shall be constructed and maintained to prevent chemicals from discharging into surface or ground waters. Such chemicals shall include, but not be limited to, petroleum products, antifreeze, and lubricants. 5. The extraction area shall be watered daily to reduce dust impacts to surrounding properties. Haul roads shall have a durable and dust free surface and shall be graded to drain all surface water from the haul roads. 6. The mine, pit, or quarry shall comply with the regulations of flood hazards of this title, if applicable. 7. For any mine, pit, or quarry requiring a conditional use approval, the applicant shall provide addresses for all property owners within one thousand feet (1,000') of any property boundary of the proposed site and any additional area that may be substantially impacted by the use, as determined by the administrator. 8. The storage and/or disposal of solid waste on the proposed site shall be prohibited. 9. Upon reclamation of the final phase, all temporary structures shall be removed from the property, except for property line fences or walls. Any contaminated soils shall be properly recycled or disposed. 10. Truck routes and hauling times may be limited by Council to accommodate bus routes and school hours. B. General Design and Reclamation Standards: 1. The applicant shall provide documentation (from the appropriate agency) that the proposed mine, pit, or quarry operation and reclamation plans comply with federal and state regulations in regard to air and water quality and site reclamation. 2. For a mine, pit, or quarry where the excavation area results in a pond, the following standards shall apply: a. The extraction areas shall be designed to create a meandering edge. b. The applicant shall provide written documentation from Idaho fish and game that the proposed pond is designed to create viable fish and/or wildlife habitat. c. The applicant shall provide documentation from Central District Health department that the proposed pond shall not cause septic leach fields on abutting properties to fail. d. For the purposes of this section, a "pond" shall be defined as any mine, pit, or quarry area where the rehabilitation plan results in an area that contains water to within six feet of the surface year-round, based on the base elevation. 3. Any riparian vegetation disturbed as part of the operation shall be replaced at a ratio of two to one Replacement vegetation shall be native plant materials and shall meet all appropriate requirements of this title. 4. The applicant or owner shall comply with all requirements of "Best Management Practices For Mining In Idaho", published by the Idaho department of lands. 5. The pond shall be aeriated. ---PAGE BREAK--- 121 C. Standards For Accessory Pit Approval: The purpose of this use is to allow for gravel extraction and removal on a limited basis for the sole purpose of creating a water feature: 1) during the construction of an approved subdivision or development, or 2) a onetime creation of water feature(s) on certain, larger acreage parcels. The use shall be processed as a temporary use and shall meet the following: 1. The property has not received previous approval for a mine, pit, or quarry as a temporary use. 2. The maximum area of the extraction site for a water feature in a new subdivision or development shall be determined during the approval process for the development after taking into consideration issues including, but not limited to, no net loss mitigation. All other parcels shall have a maximum pond area no greater than ten percent (10%) for parcels ten (10) acres or less, and no greater than twenty percent (20%) for parcels over ten (10) acres of the gross area of the property. 3. The minimum parcel size for all properties other than new subdivisions and developments, shall be one acres. 4. The proposed extraction activities for a subdivision or development shall be completed within two years from commencement, unless additional time is granted by council. All other proposed extraction activities shall be completed within two years from commencement. 5. The mine, pit, or quarry shall meet the standards in subsections A and B of this section. 6. Stockpiles shall be a maximum of fifteen feet (15') in height. 7. All operations shall take place between seven o'clock (7:00) A.M. and dusk or six o'clock (6:00) P.M. (whichever is earlier) Monday through Friday. 8. Asphalt and/or cement plants shall be prohibited on site, unless approved by Council as a conditional use permit. 9. Rock crushing shall be allowed as part of an accessory pit only as a separate conditional use permit approved by Council. 10. The pond shall be aerated. D. Additional Standards for Conditional Use Approval: 1. The pit, mine, or quarry shall meet the standards in subsections A and B of this section. 2. The approved site plan shall include adequate parking and loading areas to accommodate the peak number of vehicles. Such areas shall not be within the required yards. 3. Rock crushing and/or asphalt mixing, and concrete batching may be allowed as an accessory use only through this conditional use approval process. 4. The applicant shall show the extraction and reclamation phasing plan on the approved site plan. 5. The reclamation plan for each phase shall be implemented as soon as the subject area is depleted of resources or when the allowed time has ended (whichever occurs first). 6. The conditional use approval shall consider and/or establish a time frame for the extraction of material. For any proposal where the applicant requests an extraction period greater than two years, the council shall review the status of the mine, pit, or quarry after 1.5 years and consider amendments or additions to the approval. 8-5-20: MULTI-FAMILY DWELLING/DEVELOPMENT: Multi-family developments with multiple properties shall be considered as one property for the purpose of implementing the standards set forth in this section. ---PAGE BREAK--- 122 A. Storage of Recreational Vehicles: No recreational vehicles, snowmobiles, boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area, and approved as part of the development. B. 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 map of the development at an entrance or convenient location for those entering the development. C. Open Space Requirement (see also Chapter 8 “Architectural Review”). 1. The total land area of all common open space shall equal or exceed fifteen percent (15%) of the gross land area of the development. Ten percent (10%) of that area shall be usable open space. 2. Private Open Space: In addition to the common open space and site amenity requirements of this title, a minimum of eighty (80) square feet of additional, private, usable open space shall be provided for each residential unit not planned as single-family detached. This requirement can be satisfied through porches, patios, decks, and enclosed yards. Landscaping, and other accessways do not count toward this requirement. D. Amenities 1. The number of amenities shall depend on the size of multi-family development as follows: a. A multi-family development with less than twenty (20) units, two amenities shall be provided from two separate amenity categories. b. A multi-family development between twenty (20) and seventy-five (75) units, three amenities shall be provided, with one from each amenity category. c. A multi-family development with seventy-five (75) units or more, four amenities shall be provided, with at least one from each amenity category. d. A multi-family development with more than one hundred (100) units, the Council shall require additional amenities commensurate to the size of the proposed development. 2. Amenity Categories. The council may consider other amenities in addition to those listed below. a. Clubhouse. b. Fitness facilities -Indoor/Outdoor. c. Enclosed bike storage. d. Public art. e. Covered bus stops as approved by the School District or Regional Transportation Authority. f. Ponds or water features. g. Plaza. h. Recreation areas. ---PAGE BREAK--- 123 i. Pool. j. Walking trails and/or bike paths. k. Children's play structures. l. Sports courts. m. Natural Areas (as approved by Council). n. RV parking for the use of the residents within the development. o. Additional open space in excess of 5% usable space. p. School and/or Fire station sites if accepted by the district. q. Pedestrian or bicycle circulation system amenities meeting the following requirements: The system is not required for sidewalks adjacent to public right of way; The system connects to existing or planned pedestrian or bicycle routes outside the development; and The system is designed and constructed in accord with standards set forth by the city of Star E. Maintenance and Ownership Responsibilities: 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. F. Architectural standards in Chapter 8 shall be applied to all multi-family developments. 8-5-21: NURSING OR RESIDENTIAL CARE FACILITIES: A. General standards: 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 the building code in accord with title 7 of this code. 1. 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. B. Additional standards for uses providing care to children and juveniles under the age of eighteen (18) years: 1. All outdoor play areas shall be completely enclosed by a minimum six foot non-scalable fence to secure against exit/entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool fence requirements of the building code in accord with this code. 2. Outdoor play equipment over six feet 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 Alzheimer's disease, dementia or other similar disability that may cause disorientation: A barrier with a minimum height of six feet along the perimeter of any portion of the site that is accessible to these patients shall be provided. The fencing material shall meet the swimming pool fence requirements of the building code in accordance with this code. ---PAGE BREAK--- 124 8-5-22: PUBLIC INFRASTRUCTURE; PUBLIC UTILITY MAJOR, MINOR AND YARD: A. Accessory uses directly related 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. B. Installation of underground fuel tanks shall require written approval from the Idaho division of environmental quality, Idaho department of water resources, and Star joint fire protection district. C. No portion of the outside storage areas and/or outside activity areas may be visible from any highway, interstate, gateway corridor, principal arterial, or minor arterial as herein defined. D. All driveways into and through the facility and any open area with a driving surface shall be surfaced with a dustless material including, but not limited to, asphalt, concrete, pavers or bricks. E. For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet (1,000') from a hospital or school. 8-5-23: RECYCLING CENTER: A. The site shall be screened from the street(s) by a screen composed of a masonry or concrete wall planted on the exterior side with a vegetative screen. The screen shall be of sufficient height so that no storage containers shall be visible above the required screening. This shall include recycling program drop-off areas and facilities. 8-5-24: RIDING ARENA OR STABLE, COMMERCIAL: A. Any establishment that meets one or more of the following criteria shall be deemed a commercial use and shall require conditional use approval: 1. The riding arena is open to the general public, a homeowners' association or a club. 2. The riding arena is for private use, but is enclosed within a structure that exceeds twenty four feet (24') in height and/or the total area of the structure exceeds two thousand (2,000) square feet. 3. The riding arena can be rented by an individual or group. 4. Spectator seating for more than fifty (50) people is provided at the arena. 5. Retail sales accessory to the stable or riding arena are conducted on site. 6. Group lessons are provided to the general public for a fee. B. All commercial riding arenas and commercial stables shall provide sufficient parking and turnaround areas for horse trailers. Such areas shall be designed to preclude vehicles from backing out into a roadway. C. The minimum property size for commercial stables or commercial riding arenas shall be five acres. ---PAGE BREAK--- 125 D. Only off-site catering is permitted and must be approved by the Central District Health Department. 8-5-25: DWELLING UNIT, SECONDARY SECONDARY DWELLING UNIT: A. One Secondary Dwelling Unit Permitted: One secondary dwelling unit is permitted on the same property in conjunction with and clearly subordinate to a single-family dwelling. A secondary dwelling unit shall not be allowed in any zoning district of R-4 or higher. The secondary dwelling unit shall count towards the maximum allowance of accessory structures on a lot or parcel as further defined in 8-1E-1 of this title. B. Owner Occupancy: To create and maintain a secondary dwelling unit, the property owner shall reside on the property for more than six months in any twelve (12) month period. The applicant for a secondary dwelling unit shall demonstrate that either the single-family dwelling or the secondary unit is occupied by the owner of the property. Owner occupancy is demonstrated by title records, vehicle registration, voter registration or other similar means. The applicant or owner shall provide a written statement annually (12 months from date of approval) stating that the use of the secondary dwelling is continuing in compliance with this requirement. Secondary dwelling units shall not be split or otherwise segregated in ownership from the single- family dwelling unit, unless approved as part of a new subdivision, where setback, access and density standards are applied. C. Maximum Size: Secondary dwelling units shall be limited to a maximum size of 50% of the footprint (including any attached garage) of the primary dwelling. D. Location: The secondary dwelling unit may be located within or attached to the primary dwelling; as a detached structure; or above a detached structure, such as a garage. Detached secondary dwelling units shall be located to the side or rear of a primary dwelling. No portion of the secondary dwelling unit shall be located in front of the primary dwelling unit and must meet all setback requirements as stated in this unified development code. E. Parking: At least one parking space shall be provided on site for the accessory dwelling unit in addition to the required parking for the existing residential unit. The conversion of a covered parking area (garage/carport) into a secondary dwelling unit is not allowed unless the required covered parking can be provided elsewhere on site. F. Property size: The subject property must be a minimum of ten thousand (10,000) square feet in size. G. Design: The secondary unit shall be consistent in design with the single-family dwelling, including roof pitch, siding, color, materials, and window treatments. H. Prohibitions: Manufactured homes, mobile homes, and recreation vehicles shall be prohibited for use as a secondary dwelling unit. I. Number of Occupants: The total number of occupants in the secondary dwelling unit shall not ---PAGE BREAK--- 126 exceed two persons. J. Street Address: The secondary dwelling shall not have its own street address, unless required by the Fire Department for emergency response purposes, and as approved by the administrator and postmaster. K. Additional Standards: An existing detached accessory structure may be converted to a secondary dwelling, provided that the structure meets all applicable requirements of the Star building code, including any applicable plumbing or electrical code requirements. A required detached garage shall not be converted into a secondary dwelling unit. 8-5-26: SHORT-TERM RENTAL: A. The property where a short-term rental exists shall provide a minimum of one additional, paved, off-street parking space in addition to the required spaces for the principal use. On- street parking shall be prohibited. B. Short-term rentals shall not modify the look or character of the principal permitted use in any way. 8-5-27: STORAGE FACILITY, OUTDOOR: A. Materials: Materials shall not be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. B. Site: The site shall not be used as vehicle wrecking or junk yard as herein defined. C. Additional Standards for Outside Storage As An Accessory Use: Accessory outside storage shall be allowed for approved uses subject to the following standards: 1. Outside storage of materials for commercial or industrial uses shall be limited to those items owned or used by the business. 2. Outside storage of materials for a residential development or recreational vehicle parking shall be only for recreational vehicles or personal recreation items of the owners and/or tenants. The storage area shall not be rented, subletted or leased to outside parties. a. Subdivision Storage Areas: Outdoor storage areas that are designed as part of a new subdivision shall be reviewed as part of the preliminary plat or planned unit development application and shall meet the requirements of this article. 3. Outside storage of materials for individual residential properties shall be screened with a six- foot site obscuring fence. D. Storage Of Fuel Or Hazardous Material: For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet (1,000') from a hospital or school and shall not be stored in any residential district. E. The use shall comply with the flood hazard overlay district as set forth in this title. ---PAGE BREAK--- 127 F. Storage space areas shall not be further rented, leased, let, or otherwise used as a commercial business. G. Screening: Outdoor storage areas shall be screened according to the regulations of Chapter 8 of this title. 8-5-28: STORAGE FACILITY, SELF-SERVICE: A. Storage units and/or storage areas shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item by a tenant from or at a self- service storage facility is specifically prohibited. B. On site auctions of unclaimed items by the storage facility owners shall be allowed. C. The distance between structures shall be a minimum of twenty-five feet D. The storage facility shall be completely fenced, walled, or enclosed. Where abutting a residential district or public road, chain-link shall not be allowed as fencing material. E. If abutting a residential district, 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. No structure, facility, drive lane, parking area, nor loading area, shall be located adjacent to a residential district without a sound attenuation wall or other sound buffering measures. G. If the applicant provides a sound attenuation wall, landscaping buffers may be reduced to ten feet H. The facility shall have at least one additional point of access, for emergency purposes, as determined by the Star Fire District. I. All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. Materials shall not be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. J. The site shall not be used as vehicle wrecking or junk yard as herein defined. K. For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet (1,000') from a hospital or school. L. The use shall comply with the flood hazard overlay district as set forth in this title. 8-5-29: TEMPORARY LIVING QUARTERS: A. Housing of Family Member: Temporary living quarters are permitted if needed to house a member of the owner's immediate family. The need for temporary living quarters for a family ---PAGE BREAK--- 128 member shall be justified for reasons of health, employment, or upkeep on the property. B. Temporary use during construction: Temporary living quarters may be permitted for temporary living by the owner of an existing dwelling while a new dwelling is being constructed on the same property, subject to compliance with all building and safety requirements. The temporary living quarters shall be removed prior to occupancy permit for the new dwelling. B. Connection to Water and Wastewater Facilities: The temporary living quarters shall be connected to city services provided by the sewer and water district. Applicant shall provide the city with a letter from the sewer and water district of an estimated date when the services will be available and the agreement by applicant to pay for services. Until services are available, a letter from Central district health will be required for temporary hookup to individual water and sewer services. C. Recreational vehicles shall not be used as a temporary living quarters. D. One Living Quarters Permitted: No more than one temporary living quarters shall be permitted on a property. E. Termination of Use; Removal: Temporary living quarters and any attached structures shall be removed from the property within thirty (30) days of termination of the authorized use or expiration of the approval period. F. Term Of Approval: Temporary living quarters may be approved for a period not exceeding two years. The applicant or owner may reapply biennially, not to exceed a total of six years (either consecutive or nonconsecutive) after the initial approval. 8-5-30: TERMINAL, FREIGHT OR TRUCK: A. The use shall be located with direct access on a principal arterial or near an interstate interchange, and with no access through residential streets. B. No outdoor activity area shall be located within three hundred feet (300') from any residential district. C. The use shall be located a minimum of one thousand feet (1,000') from any hospital or school. D. Accessory uses directly related to the maintenance and fueling of vehicles (including, but not limited to, truck and trailer washing, fuel pumps, tire shop, garages for minor repair) may be allowed. E. Installation of underground fuel tanks shall require written approval from the Idaho division of environmental quality, Idaho department of water resources, and the Star joint fire protection district. 8-5-31: VEHICLE EMISSIONS TESTING: ---PAGE BREAK--- 129 A. Applicant shall provide a notarized consent of the property owner. B. Parking and access areas shall be paved. C. Applicant shall apply for a certificate of zoning compliance (CZC), any required building department and vendor permits. D. Signs shall be allowed on the structure and shall not exceed sixteen (16) square feet in area and must be approved with a sign permit application. Additional signs may be allowed within an existing development only if approved under a separate sign permit application by the development owner. E. Compressors, fans, pumps and other motorized equipment shall be located or shielded to reduce noise levels to adjoining properties. F. Adequate off-street parking shall be provided to serve the use. The use shall not remove any existing required parking for other uses on the property. G. Hours of operation shall be between seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. H. If operations occur after dark, all lighting requirements per this title shall be required. I. Site shall remain clean and clear of trash and refuse at all times. A trash receptacle shall be present at the site of operations. J. Vehicle emissions testing shall be limited to a structure. Vans or other vehicles shall not be allowed. The structure shall be constructed of wood with a pitched roof, painted, and kept in good condition at all times. K. The use may be approved for up to a five year period, at which time the structure and all associated items related to the use shall be removed from the property, unless a new application is submitted prior to the expiration of the use. 8-5-32: VEHICLE IMPOUND YARD: A. Outside storage and outside activity areas shall comply with this title. The closed vision fence or wall and screening materials shall be a minimum of ten feet (10') in height. B. No portion of the vehicle impound yard, outside storage areas and/or outside activity areas may be visible from any highway, interstate, gateway corridor, principal arterial, or minor arterial as herein defined. C. All materials or parts shall be stored and located within the closed vision fence or walled area. No vehicles or materials shall be stored so they exceed the height of the fence or wall. ---PAGE BREAK--- 130 D. The use shall not constitute a junkyard as herein defined. E. The use shall be located a minimum of one thousand feet (1,000') from any residential use or district. 8-5-33: VEHICLE REPAIR, MAJOR AND MINOR: A. Where adjoining a residential property or district, all repair activities (including, but not limited to, open pits and lifts) shall occur within an enclosed structure. B. Inoperable or dismantled motor vehicles shall be stored behind a closed vision fence, wall, or screen or within an enclosed structure and shall not be visible from street. 8-5-34: VEHICLE SALES OR RENTAL AND SERVICE: A. Vehicle repair may be allowed as an accessory use, subject to the standards for vehicle repair, major and minor in the district where the use is located. B. Inoperable or dismantled motor vehicles shall be stored behind a closed vision fence, wall, or screen or within an enclosed structure and shall not be visible from any street. 8-5-35: VEHICLE WASHING FACILITY: A. A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum, the plan shall demonstrate compliance with the following standards: 1. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right of way by patrons. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking. 2. The stacking lane shall not be located within ten feet (10') of any residential district or existing residence. 3. A letter from the transportation authority indicating the site plan is in compliance with the highway district standards and policies shall be required. B. Within the industrial districts, a vehicle washing facility shall be allowed only as an accessory use to a gasoline or diesel fuel sales facility for use by non-passenger vehicles. The vehicle washing facility shall be limited in capacity to a single vehicle. The intent is to discourage facilities that cater to passenger vehicles, in this district. C. Any use shall be located a minimum one hundred feet (100'), or as otherwise approved, from any abutting residential use or district, and shall be limited in operating hours from six o'clock (6:00) A.M. to ten o'clock (10:00) P.M. 8-5-36: VEHICLE WRECKING YARD, JUNK YARD, OR SALVAGE YARD: A. Outside storage and outside activity areas shall comply with this title. The fence or wall and ---PAGE BREAK--- 131 screening materials shall be a minimum of ten feet (10') in height. B. No portion of the vehicle impound yard, outside storage areas and/or outside activity areas may be visible from any highway, interstate, principal arterial, or minor arterial. C. All materials or parts shall be stored and located within a closed vision fence or walled area. No vehicles or materials shall be stored so they exceed the height of the fence or wall. D. All structures or outside 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 use or district. E. An area for processing vehicles as they are brought to the site shall be designated on a site plan. The processing area shall be an impermeable surface that has a means to collect and properly dispose of oils and fluids in the vehicles. F. The applicant shall obtain all necessary permits for the storage of materials on the site, including, but not limited to, oil, hazardous waste, and tires. G. No person shall establish, operate, or maintain a vehicle wrecking 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, interstate, principal arterial, or minor arterial as herein defined. See Idaho Code section 40-313. 8-5-37: WIRELESS COMMUNICATION FACILITY: A. Purpose: The purpose of this section is to accommodate the communications needs of its residents and businesses while at the same time protecting the safety, aesthetic appeal and general welfare of the community. Furthermore, it is the purpose of this section to regulate the impact of communications towers within the city limits and to provide for the needs of the public and businesses for wireless communications. The intent of this section is to: 1. Facilitate the provision of wireless telecommunication services to the residents and businesses of the City of Star; 2. Minimize the adverse visual effects of communications towers and other similar structures through careful design standards; 3. Avoid potential damage to adjacent properties from the structural failure of towers and other such structures through structural standards and setback requirements; and 4. Require the collocation of new wireless communication equipment, when possible, in order to reduce the number of towers required to serve the city. B. Applicability: The following provisions shall apply to any construction, installation, addition to or increase in the height of any wireless communications tower. C. Process: 1. Amateur radio antennas that meet the standards as set forth in subsection E of this section shall require administrative approval. ---PAGE BREAK--- 132 2. Collocation of new equipment on an existing tower shall require a certificate of zoning compliance prior to installation. 3. Stealth towers and/or new antennas that meet the standards as set forth in this chapter shall require a certificate of zoning compliance prior to installation. 4. Wireless communication facilities shall require a conditional use permit in all districts with the exception of an industrial zone, which will require a certificate of zoning compliance, prior to installation. D. Required Documentation: The applicant shall provide the following documentation with the request for approval of a wireless communication facility: 1. Documentation from a qualified and licensed engineer showing that the proposed facility will be in compliance with the FCC standards regarding radio frequency (RF) emissions. 2. A report from a qualified and licensed structural engineer that describes the tower height and design. The report shall include the following: a cross section of the tower, elevations that document the height above grade for all potential mounting positions for collocated antennas, and the minimum separation distances between antennas. The report must also include a description of the tower's capacity regarding the number and type of antennas that it can accommodate and what precautions the applicant will take to avoid interference with established public safety telecommunications. This report must be stamped by the structural engineer and include other information necessary to evaluate the request. 3. For all wireless communication facilities, a letter of intent committing the tower owner and his, her or its successors to allow the shared use of the tower, as required by this section, if an additional user agrees in writing to meet reasonable terms and conditions for shared use. 4. A statement regarding compliance with regulations administered and enforced by the federal aviation administration (FAA). 5. 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 in the chosen location. 6. A written analysis demonstrating that the proposed site is the most appropriate site within the immediate area. The analysis shall include, but is not limited to, the following: a. Description of the surrounding area, including topography; b. Natural and manmade impediments, if any, that would obstruct adequate wireless telephone transmissions; c. Physical site constraints, if any, that would preclude construction of a wireless communications facility on any other site; d. Technical limitations of the system that limit siting options. E. Amateur Radio Antenna Standards: Pursuant to the FCC's preemptive ruling PRB 1, towers supporting amateur radio antennas ham radio antennas) of less than thirty five feet (35') in height are permitted; antennas with a height in excess of thirty five feet (35') shall require a conditional use permit. No towers or antennas shall be placed within the front, side or street side yard. F. Stealth Tower Standards: 1. The facility shall be hidden or camouflaged. 2. The facility shall not exceed the height limitation of the district in which it is located. ---PAGE BREAK--- 133 G. Design Standards: All new communications towers shall meet the following minimum design standards: 1. Towers and antennas shall be required to blend into the surrounding environment by paint or other camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the federal aviation administration. All metal shall be corrosive resistant or treated to prevent corrosion. 2. All new communication towers shall be of monopole design, unless the decision-making body determines that an alternative design lattice, guywire, etc.) would be appropriate because of location or necessity. 3. No part of any antenna, disk, array or other such item attached to a communications tower shall be permitted to overhang any part of the right of way or property line. 4. The base of all towers and the facility shall be surrounded by a sight obscuring security fence, in accord with the underlying zone. 5. All tower facilities shall include a landscape buffer. The buffer shall consist of a landscape strip of at least five feet wide outside the perimeter of the compound. A minimum of fifty percent (50%) of the plant material shall be of an evergreen variety. In locations of where the visual impact of the tower is minimal, the administrator may waive this requirement through the alternative compliance procedure in accord with chapter 1, "Administration", of this title. 6. All climbing pegs within the bottom twenty feet (20') of the tower shall be removed except when the tower is being serviced. 7. All lighting on the tower, other than may be required by the FAA, shall be prohibited. 8. No tower shall have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow's nest, or like structure, except during periods of construction or repair. No signs or banners shall be attached to any portion of a wireless communications tower. H. Setback Standards: If the tower does not exceed the maximum building height allowed for the zoning of the land upon which it is to be placed, the tower shall meet the setback requirement for that zone, with the following exceptions: 1. If the property is located next to a residential district, the setback requirements shall be one hundred twenty five percent (125%) of the height of the tower. 2. If the tower exceeds the maximum height allowance for the district, the setback requirements shall be one foot for every ten feet (10') of tower height, in addition to the district's setback requirements. 3. If the tower is not constructed to meet the standards set forth by the Telecommunications Industry Association Electronic Industries Association (TIA/EIA) 222 revision F standards entitled "Structural Standards For Steel Antenna Supporting Structures" the setback requirement shall be one foot for every foot in height of the tower. This shall be measured from all property lines and shall be referred to as the "fall zone". Only the accessory equipment building shall be permitted to be located within the fall zone. 4. Communication towers must be set back from all public owned right of way by a minimum of two times the height of the tower to be installed. If this setback requirement is in conflict with any other setback requirement, the setback shall be the greater distance. 5. All communication towers shall be set back at least three times the height of the tower from all principal arterial streets. ---PAGE BREAK--- 134 I. Collocation Standards: 1. A proposal for a new commercial communication tower shall not be approved unless the city finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower. 2. It shall be the burden of the applicant to demonstrate that the proposed tower or antenna cannot be accommodated on an existing or approved tower or structure. One or more following pieces of documentation shall be provided as proof that the new tower is necessary: a. Unwillingness of other tower or facility owners to entertain shared use. b. The proposed collocation of an existing tower or facility would be in violation of any state or federal law. c. The planned equipment would exceed the structural capacity of existing towers, as documented by a qualified and licensed structural engineer. 3. The planned equipment would cause interference, materially impacting the usability of other existing or planned equipment on the tower as documented by a qualified and licensed engineer. 4. Existing or approved towers cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed engineer. 5. All proposed communication towers shall be designed (structurally, electrically, and in all respects) to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over one hundred ten feet (110') in height and for at least one additional user if the tower is over fifty feet (50') in height. J. Abandoned or Unused Towers Or Portions Of Towers: All abandoned or unused towers and associated facilities shall be required to be removed within sixty (60) days of cessation of use as a wireless communication facility, unless a time extension is granted by the city council. A copy of the relevant portions of a signed lease, which requires the applicant to remove the tower and associated facilities upon cessation of the use as a wireless communication facility, shall be submitted at the time of application and resubmitted upon renewal or termination. In the event that the tower and associated facilities are not removed within the sixty (60) days, the tower and associated facilities may be removed by the city and the costs of removal assessed against the real property. ---PAGE BREAK--- 135 CHAPTER 6 SUBDIVISION REGULATIONS ARTICLE A. SUBDIVISON PURPOSE AND PROCESS 8-6A-1: PURPOSE: 8-6A-2: APPLICATIONS: 8-6A-3: PRELIMINARY PLAT PROCESS: 8-6A-4: FINAL PLAT PROCESS: 8-6A-5: COMBINED PRELIMINARY AND FINAL PLAT PROCESS: 8-6A-6: SHORT PLAT 8-6A-7: REQUIRED FINDINGS: 8-6A-8: TERM OF APPROVALS: 8-6A-9: PROPERTY BOUNDARY ADJUSTMENT OR DIVISION: 8-6A-1: PURPOSE: The purpose of this chapter shall be to implement a general rule for the subdivision of the land in the Star city limits and the area of city impact. This chapter shall be based on the officially adopted comprehensive plan of the city and is enacted in order to promote and protect the public health, safety, comfort, convenience, prosperity, and general welfare and to achieve the following objectives: A. To promote the achievement of the proposals of the Star comprehensive plan; B. To advance the city as a self-sufficient employment and economic center; C. To encourage excellence and creativity in the design of all future developments and to preserve the natural beauty of Star; D. To encourage orderly growth and development, to avoid scattered development of land that results in: 1. Lack of water supply, sewer service, drainage, transportation facilities, or otherwise essential public services; or 2. Excessive expenditure of public funds for the supply of such services; E. To provide for desirable and appropriately located living areas and a variety of dwelling types and densities with adequate provision for sunlight, fresh air, and usable open space; F. To provide for the manner and form of making and filing of plats; G. To specify the requirements as to the extent and the manner in which: 1. Roads and streets shall be created and improved; 2. Water and sewer and other utility mains, piping connections, or other facilities shall be installed; ---PAGE BREAK--- 136 3. Pedestrian pathways consistent with the comprehensive plan are to be located and designed; and 4. Opportunities for future transit routes and stations are created; H. To protect existing surface waters throughout the city limits; and I. To specify the administration of the regulations of this chapter by defining the powers and duties of approval authorities. 8-6A-2: APPLICATIONS: Applicants shall submit to the administrator an appropriate city application and required information listed on the application and specified within this title. 8-6A-3: PRELIMINARY PLAT PROCESS: A. Preapplication Conference: The applicant shall complete a preapplication conference with the administrator or designee prior to submittal of an application for a preliminary plat. The purpose of this meeting is to discuss early and informally the purpose and effect of this title and the criteria and standards contained herein. B. Neighborhood Meeting: Applicants are required to hold a neighborhood meeting, in conformance with Section 8-1A-6C to provide an opportunity for public review of the proposed project prior to the submittal of an application. The applicant shall provide a summary of the meeting, including questions and concerns of the neighbors and how the submitted application addresses those issues. C. Application Requirements: A complete subdivision application form and preliminary plat data as required in this title, together with fees shall be submitted to the administrator. At the discretion of the administrator or city engineer, appropriate supplementary information may also be required to sufficiently detail the proposed development within any special development area, including, but not limited to, hillside, planned unit development, floodplain, cemetery, manufactured home parks, and/or hazardous or unique areas of development. Any unresolved access or traffic generation issues related to ACHD or ITD regulated roadways shall be resolved by the applicant prior to acceptance of any application. A letter from the appropriate transportation agency or servient property owner shall be submitted with the application. D. Required Information and Data: The contents of the preliminary plat and related information shall be in such a form as stipulated by the City Council, however, additional maps or data deemed necessary by the administrator may also be required. The applicant shall submit to the administrator at least the following: 1. Two copies of the preliminary plat of the proposed subdivision, drawn in accordance with the requirements hereinafter stated. Each copy of the preliminary plat shall be submitted on good quality paper, be professionally drafted, shall have the dimensions of ---PAGE BREAK--- 137 not less than twenty four inches by thirty six inches (24” x 36”), and shall be drawn to a scale of not less than one inch to one hundred feet (1”=100’) and contain a drafting date and north arrow. 2. For hillside developments, one bound copy of the preliminary engineering plans (not meant to be cross sections or detailed designs) showing streets, water, sewers, sidewalks, and other required public improvements, together with preliminary site grading, drainage and irrigation plans of the proposed subdivision. Such engineering plans shall contain sufficient information and detail to make a determination as to conformance of the proposed improvements to applicable regulations, ordinances and standards. Ryan 3. Two copies of a landscape plan showing all open space, common areas, amenities, street trees and development signage; 4. Additional information on the preliminary plat and separately submitted information to include the following: a. The name of the proposed subdivision, as approved in advance by the Ada County Engineering office; b. The name, address, telephone and email of the applicant, developer, engineer and surveyor or drafter who prepared the preliminary plat; c. The names and addresses of all adjoining property owners and recorded plats within three hundred feet (300’) of the external boundaries of the land being considered for subdivision. d. The land use and existing and proposed zoning of the proposed subdivision and the adjacent land; e. Streets, street names, rights of ways and roadway widths, including adjoining streets or roadways; f. Lot lines and blocks showing the dimensions and numbers of each, together with area of each lot in acres and square feet; g. Contour lines, shown at five-foot intervals where the land slope is greater than ten percent (10%) and at two-foot intervals where land slope is ten percent (10%) or less, referenced to an established benchmark, including location and elevation; h. Any proposed or existing utilities, including, but not limited to, power poles, storm and sanitary sewers, irrigation laterals, ditches, bridges, culverts, water mains and fire hydrants; i. Any flood zone information including FEMA FIRM panels; j. The legal description of the boundary of the property being subdivided with the seal of the surveyor of record; k. Phasing plan showing all proposed phases of the development; l. Preliminary irrigation analysis showing availability of water rights and distribution of irrigation to the lots within the proposed subdivision, or waiver request; m. One copy of a site report of the highest seasonal groundwater elevation prepared by a licensed engineer; ---PAGE BREAK--- 138 n. A narrative, signed by the applicant, fully describing the proposed subdivision, including such information as number and type of uses on the lots (residential single, two or multi-family, commercial, etc.), common lots and the proposed uses of those lots (open space, parks, playgrounds, landscaping, or other uses) and any other information deemed necessary to explain the intent of the development including how it relates to other concurrently submitted applications (annexations, rezones, PUD’s, CUP’s, etc.). o. Neighborhood meeting information including sign-in sheet, copy of meeting letter, copy of mailing labels, and detailed summary of neighbor questions and concerns and how the development has been designed to address those concerns; p. A vicinity map showing the relationship of the proposed plat to the surrounding area (1/2-mile radius); q. Deeds, affidavit of legal interest, address labels, postal service location approval, ACHD traffic study review status, electronic copies, or any other required information deemed necessary by the administrator to allow for proper review of the application; r. A conceptual site plan shall be submitted for any non-residential developments showing building locations, parking and loading areas, traffic access drives and traffic circulation and trash enclosure locations; s. Any additional required information for special area of developments including, but not limited to hillsides, wetlands or as further specified in this Title. 5. Additional information in the application as determined by the administrator may include the following: a. Building elevations, including multi-family uses, non-residential uses, clubhouses, well houses, or other elevations deemed necessary to assist the Council in their decision regarding a development; b. Colored site plan and renderings of a subdivision detailing residential lot locations, open space and common areas, buffers, roadways, waterways and irrigation ditches, fencing, signs and landscaping. E. Acceptance: Upon receipt of the preliminary plat, and compliance with all other requirements as provided for herein, the administrator shall certify the application as complete and shall affix the date of acceptance. F. Decision: A decision on a preliminary plat for a parcel of land is made by the City Council after receiving a recommendation from the administrator. 8-6A-4: FINAL PLAT PROCESS: A. Application Requirements: After the approval or conditional approval of the preliminary plat, the applicant may cause the total parcel, or any part thereof, to be surveyed and a final plat prepared in accord with the approved preliminary plat. An application and fees shall be submitted to the administrator on forms provided by the City. B. Contents of Final Plat: The final plat shall include and be in compliance with all items ---PAGE BREAK--- 139 required under Idaho Code section 50-1301 et seq. The final plat submittal shall include at least: 1. A written application for approval of such final plat as stipulated by the council; 2. Proof of current ownership of the real property included in the proposed final plat and consent of recorded owners of the plat; 3. Such other information as the administrator or designee and/or city engineer may deem necessary to establish whether or not all proper parties have signed and/or approved said final plat; 4. Conformance with the approved preliminary plat and meeting all requirements or conditions thereof; 5. Conformance with all requirements and provisions of this title; and 6. Conformance with acceptable engineering, architectural and surveying practices and local standards. C. Administrator Review: 1. Acceptance: Upon receipt of the final plat, and compliance with all other requirements as provided for herein, the administrator shall certify the application as complete and shall affix the date of acceptance. 2. Substantial Compliance: a. The administrator or designee shall review the final plat for substantial compliance with the approved or conditionally approved preliminary plat. The final plat shall be determined in substantial compliance with the preliminary plat, notwithstanding the following changes: The number of buildable lots is the same or fewer; The amount of common open space has been increased or is the same; The amount of open space is relocated with no reduction in the total amount; The number of open space lots has been increased or is the same; or The transportation authority has required minor changes. 3.Not in Substantial Compliance: If the administrator determines that there is substantial difference in the final plat than that which was approved as a preliminary plat or conditions that have not been met, the administrator may require that a new preliminary plat be submitted to the city. D. Decision on Final Plat: Decision on the final plat is made by the City Council. E. Recording of The Final Plat: Upon approval or approval with conditions by the council and signature of the city clerk and city engineer, the applicant may submit the final plat to the county recorder for recording. The final plat shall contain the certifications required under Idaho Code section 50-1301 et seq., as well as those required by the city of Star. 8-6A-5: COMBINED PRELIMINARY AND FINAL PLAT PROCESS: A. Applicability: A subdivision application may be processed as both a preliminary and final plat if all of the following exist: 1. The proposed subdivision does not exceed five lots (excluding common and/or landscaping lots); or a previous plat was approved on the subject property; and 2. No new street dedication, excluding widening of an existing street, is required; and 3. No major special development considerations are involved, such as development in a ---PAGE BREAK--- 140 floodplain or hillside development. B. Preapplication Conference: The applicant shall complete a preapplication conference with the administrator prior to submittal of an application for a combined preliminary and final plat. The purpose of this meeting is to discuss early and informally the purpose and effect of this title and the criteria and standards contained herein. C. Neighborhood Meeting: Applicants are required to hold a neighborhood meeting, in conformance with Section 8-1A-6C, to provide an opportunity for public review of the proposed project prior to the submittal of an application. The applicant shall provide a summary of the meeting, including questions and concerns of the neighbors and how the submitted application addresses those issues. D. Application Requirements: Applications and fees, in accord with subsection 8-6A-3 of this article shall be submitted. E. Contents of Final Plat: The final plat shall include all items required in subsection 8-6A-4B of this article or any additional items required by the Administrator. F. Decision: A decision on a combined preliminary and final plat is made by the city council. 8-6A-6: SHORT PLAT PROCESS: A. Applicability: A subdivision application for a short plat may be processed if: 1. The property is an original lot in a recorded subdivision; 2. The property is not the result of a previous short plat of a lot and/or the property is not the result of an approved parcel division by Ada or Canyon County Development Services; 3. The proposed subdivision does not exceed a total of two lots on a previously platted property or parcel of land, or is the creation of a condominium plat; 4. No new public street dedication, excluding widening of an existing street, is involved; 5. There are no impacts on the health, safety or general welfare of the city, and the subdivision is in the best interest of the city. B. Preapplication Conference: The applicant shall complete a preapplication conference with the administrator prior to submittal of an application for a combined preliminary and final plat. The purpose of this meeting is to discuss early and informally the purpose and effect of this title and the criteria and standards contained herein. C. Application Requirements: Applications and fees, in accord with subsection 8-6A-3C, 8-6A- 3D and 8-6A-4 of this article shall be submitted. D. Final Approval Notice: Upon determination by the administrator that the short plat is in conformance with this article, a final approval letter shall be issued. 8-6A-7: REQUIRED FINDINGS: ---PAGE BREAK--- 141 In consideration of a preliminary plat or combined preliminary and final plat, the decision- making body shall make the following findings: A. The plat is in conformance with the comprehensive plan; B. Public services are available or can be made available and are adequate to accommodate the proposed development; C. There is public financial capability of supporting services for the proposed development; D. The development will not be detrimental to the public health, safety or general welfare; and E. The development preserves significant natural, scenic or historic features. 8-6A-8: TERM OF APPROVALS: A. Failure to Submit Final Plat: Approval of a preliminary plat or combined preliminary and final plat or short plat shall become null and void if the applicant fails to record a final plat within two years of the approval of the preliminary plat or one year of the combined preliminary and final plat or short plat. B. Phased Development: In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. C. Authorize Extension: Upon written request and filed by the applicant prior to the termination of the period in accord with subsection A of this section, the administrator may authorize a single extension of time to record the final plat not to exceed twelve (12) months. Additional time extensions up to twelve (12) months as determined and approved by the city council may be granted. With all time extensions, the administrator or city council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of this title. D. Failure to Meet Timetable: If the above timetable is not met and the applicant does not receive a time extension, the property may be required to go through the platting procedure again. 8-6A-9: PROPERTY BOUNDARY ADJUSTMENT OR DIVISION: A. Purpose: The purpose of these regulations is to allow for the adjustment of property lines between existing properties, to allow for the reduction in the number of buildable lots, or to allow the creation of an additional parcel from an original parcel of record for the transfer of ownership or development. ---PAGE BREAK--- 142 B. Applicability: These regulations apply to all existing lots and parcels in Star city limits. For a property division, any original parcel of record, as it exists in its original configuration in the City of Star after December 12, 1997, may be eligible for one administrative property division provided that both new parcels meet the current dimensional standards of this title. It shall be the responsibility of the applicant to provide proper proof to the administrator showing eligibility for this property division. C. Process: 1. Application: An application and fees shall be submitted to the administrator on forms provided by the planning department. 2. Time Limit on Completion of Tasks: Upon tentative approval of the application by the administrator, subject to any applicable conditions of approval and the regulations of this title, the applicant or owner shall have one year to complete the following tasks: a. Cause the property to be surveyed and a record of survey recorded; b. Execute and record the necessary deeds to accomplish the property boundary adjustments as approved; c. Obtain new tax parcel numbers and street addresses from the county assessor; and d. Provide copies of the recorded record of survey, recorded deeds, and the new tax parcel numbers to the administrator. 3. Final Approval Notice: Upon determination by the administrator that the final property boundary adjustment or division is in conformance with this article, a final acceptance letter shall be issued. B. Standards: 1. A property boundary adjustment or division shall not reduce the property sizes below the minimum dimensional standards prescribed by this title; or if one or more of the properties is nonconforming as to the minimum dimensional standards prescribed by this title, the property boundary adjustment shall not increase the nonconformity. a. A property boundary adjustment shall not increase the original number of properties but may decrease the original number of properties. b. A property boundary adjustment or division shall not change or move any public streets or publicly dedicated areas in any manner. c. A property boundary adjustment or division does not vacate the platted lot lines or easements of a recorded subdivision. Any private or public easement may be vacated in accord with the requirements of this title. d. If a new lot or parcel is created as part of a property division, both lots or parcels shall be subject to the requirement of connection to municipal services, if available, and shall be subject to additional improvements as determined by the administrator and subject to this title, including but not limited to sidewalks and paved driveways. ---PAGE BREAK--- 143 ARTICLE B. SUBDIVISION DESIGN AND IMPROVEMENT STANDARDS 8-6B-1: APPLICABILITY: 8-6B-2: IMPROVEMENT STANDARDS: 8-6B-3: DEVELOPER'S RESPONSIBILITY: 8-6B-1: APPLICABILITY: A. All plats submitted in accord with the provisions of this chapter, and all subdivisions, improvements and facilities done, constructed or made in accord with said provisions shall comply with the minimum design standards set forth in this article provided, however, that any higher standards adopted by any transportation or health authority shall otherwise prevail. B. It shall be the responsibility and liability of every applicant, and the owner of the land being subdivided, to construct and install every improvement shown on the plat of the subdivision, represented to be included in the subdivision at any presentation before the city council, and all improvements required by the ordinances of the city specifically including the requirements of this article, and this responsibility and liability shall be personal to the developer and the owner and shall also run with the land, and this responsibility and liability shall be shown on the plat of the subdivision. 8-6B-2: IMPROVEMENT STANDARDS: A. Compliance with all Applicable Requirements: The plat shall comply with all applicable requirements as set forth in this title. B. Streets: 1. Dedication: Within a proposed subdivision, arterial and collector streets as shown on the comprehensive plan shall be dedicated to the public in all cases; in general, all other streets shall also be dedicated to public use. 2. Street Specifications: The design, location, and widths of all street and street intersections shall comply with the requirements of the transportation authority and Fire District, unless alternative standards are adopted by the city of Star. Public street widths shall be a minimum of thirty-six feet (36’) unless specifically approved by Council. 3. Street Names: The naming of streets shall conform to the requirements of the county street naming committee, with the following exceptions: a. The street name shall generally comply with this subsection. b. Street names shall not duplicate any existing street name within the county, except where a new street is a continuation of an existing street. c. Street names that may be spelled differently but sound the same as existing streets shall not be used. d. All new streets shall be named as follows: streets having predominantly north-south direction shall be named "Avenue" or "Road"; streets having a predominantly east-west direction shall be named "Street" or "Way"; meandering streets shall be named "Drive", "Terrace", "Path", or "Trail"; and cul-de-sacs shall be named "Circle", "Court", and "Place". Private streets shall be named “Lane”. ---PAGE BREAK--- 144 e. For streets that provide primary access to a subdivision or neighborhood and that align with an existing or planned street across an intersection that is not part of the same subdivision or neighborhood, the street name shall not duplicate the name of the subdivision or neighborhood. f. Proposed streets which are a continuation of an existing street shall be given the same name as the existing street. g. Street name signs shall be installed in the appropriate locations at each street intersection. 4. Cul-De-Sacs: No street that ends in a cul-de-sac or a dead end shall be longer than seven hundred fifty feet (750'). 5. Alleys: All alleys shall be approved by the Fire District and shall have a minimum of twenty- foot (20') right of way and shall be paved, unless otherwise required. 6. Coving: Coving, or meandering design of roadways shall be encouraged, where reasonable, to provide a unique feel to a neighborhood versus a standard grid roadway system. The grid system may also be utilized where appropriate to provide for a variety of street designs within the overall project. C. Driveways: All driveway openings in curbs shall comply with the requirements of the authorized transportation authority. D. Common Driveways: 1. Maximum Dwelling Units Served: Common driveways shall serve a maximum of two dwelling units and shall be approved by the Fire District. 2. For commercial or other non-residential uses, common driveways serving multiple structures and/or properties shall meet the requirements of the Fire District. 3. Width Standards: Common driveways shall be a minimum of twenty-eight feet (28') in width. 4. Maximum Length: Common driveways shall be a maximum of one hundred fifty feet (150') in length or less, unless otherwise approved by the fire district. 5. Improvement Standards: Common driveways shall be paved with a surface capable of supporting emergency services vehicles and equipment. 6. Abutting Properties: Unless limited by significant geographical features, all properties that abut a common driveway shall take access from the driveway. 7. Turning Radius: Common driveways shall be straight or provide a twenty-eight foot (28') inside and fifty foot (50') outside turning radius. 8. Depictions: For any plats using a common driveway, the setbacks, building envelope, and orientation of the lots and structures shall be shown on the preliminary and/or final plat. 9. Easement: A perpetual ingress/egress easement shall be filed with the county recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. E. Easements: 1. Utility easements shall be provided along front lot lines, rear lot lines and side lot lines when deemed necessary by the city engineer or designee. 2. Total easement width shall not be less than ten feet F. Blocks: In the residential districts, no block shall be more than seven hundred fifty feet (750') in length without an intersecting street, alley, or other City and ACHD approved remedy. ---PAGE BREAK--- 145 G. Reserve Strips: Privately held reserve strips or “spite strips” controlling access from adjacent lands to public streets shall be prohibited. H. Flag Lots: Flag lots are prohibited, unless approved by the Fire District. I. Pathway easements shall be open to the public. J. Pathway easements shall be required along the Boise river as shown within the comprehensive plan and shall be open to the public. 8-6B-3: DEVELOPER'S RESPONSIBILITY: The developer has the responsibility of maintaining the subdivision property until such time that the subdivision is turned over to a homeowner or business owner association. The following are requirements of the developer: A. Keep property weed abated. B. Mitigate dust throughout all development stages of the subdivision. C. Maintain the site for debris daily. D. Clean up of any mud and/or dirt that is deposited from construction onto streets. E. Coordinate with the United States Postal Service for the best location of mail receptacles. The mail receptacle shall not be placed in the vision triangle. F. Provide the city with GIS locations of all streetlights and irrigation facilities. G. Provide a construction sign, to be located at all entrances to a development, indicating the rules for all sub-contractors to follow from the first day of grading of the site through to sale of homes. This sign should include, but not be limited to, dust, music, dogs, site debris, mud, and starting/stopping hours for contractors (7 a.m. starting time). Sign is subject to approval by the administrator prior to installation. H. Homeowners Associations. The developer is required to establish a homeowner association in any development that has common maintenance or ownership of utilities, recreation areas, landscaping, etc. The Covenants, Conditions and Restrictions established for the homeowner association shall include a provision allowing the homeowner association to amend the controlling documents (CC&Rs, architectural control guidelines and bylaws) by simple majority vote of the members of the association after all lots in the subdivision have been sold by the developer. 1. This one-time amendment may occur at the first annual meeting following the sale of the last building lot owned by the developer. 2. The new document shall be recorded in the county records and shall be distributed to every owner in the association. ---PAGE BREAK--- 146 3. CC&Rs and bylaws amended using this reduced majority, shall not be used to: a. Introduce or alter a system of fines for homeowner non-compliance, unless to remove an existing system of fines. b. Attempt to control parking on public roads or property that is not wholly owned by the HOA. c. Permanently reduce the supermajority required for changing the CC&Rs and bylaws below sixty percent d. Restrict the use of private property beyond the restrictions contained in the Star City Code of in the original CC&Rs, including all forms of renting and leasing. e. Any of the above may be accomplished using the supermajority as described in the original bylaws. ---PAGE BREAK--- 147 Chapter 7 PLANNED UNIT DEVELOPMENTS 8-7-1: PURPOSE: 8-7-2: APPLICABILITY: 8-7-3: PROCESS: 8-7-4: STANDARDS: 8-7-5: REQUIRED FINDINGS: 8-7-6: TIME LIMITATIONS: 8-7-7: MODIFICATIONS: 8-7-1: PURPOSE: A. The purpose of the planned unit development (PUD) requirements is to provide an opportunity for exemplary site development that meets the following objectives: 1. Preserves natural, scenic and historic features of major importance; 2. Allows for innovative design that creates visually pleasing and cohesive patterns of development; and 3. Creates functionally integrated development that allows for a more efficient and cost-effective provision of public services. B. It is not the intent that the PUD process be used solely for the purposes of deviation from the dimensional standards in the district, however deviations from dimensional and other standards within this title, may be approved by the council if the PUD incorporates design features that add to the overall design and quality of the proposed development. By allowing dimensional standard deviations, exceptions in land uses allowed and pre-approvals of specific uses as conditions of approval within the PUD application process, the City expects in return a unique development that provides upgraded open space and amenities, mixed uses, multiple residential styles and superior site design. 8-7-2: APPLICABILITY: A planned unit development can be developed in any district. 8-7-3: PROCESS: A. Preapplication Meeting: The applicant shall complete a preapplication conference with the administrator or designee prior to submittal of an application for a planned unit development. The meeting should be held well in advance of the preparation of the planned unit development application, and before a neighborhood meeting is scheduled. A draft site plan and preliminary plat map (if required) shall be provided to staff at the meeting. B. Application Requirements: An application, map requirements, and fees, shall be submitted to ---PAGE BREAK--- 148 the administrator. 1. At the discretion of the administrator, designee or city engineer, appropriate supplementary information may also be required to sufficiently detail the proposed development within any special development area, including, but not limited to, hillside, floodplain, cemetery, manufactured home parks, or hazardous or unique areas of development. Phasing plans shall be included in the application if the project is to be phased. 2. A site amenity plan shall be provided with the planned unit development application. C. Concurrent Review: Concurrent review of other applications may be required as determined by the administrator. In cases where subdivision platting would be necessary, concurrent review of preliminary plat is required. D. Public Hearing Requirements: All planned unit development applications shall comply with the public notice and hearing procedures contained within this title. E. A development agreement, when associated with an annexation and/or rezone, may be used in lieu of a Planned Unit Development application for deviations to dimensional standards with the requirement that all findings required for a PUD are addressed with the council action in the development agreement. 8-7-4: STANDARDS: The council may approve planned unit developments, in accord with the following standards: A. General Use Standards: 1. Deviations from Underlying District Requirements: Deviations from dimensional and other standards within this title, may be approved by the council if the PUD incorporates design features that add to the overall design and quality of the proposed development. The exception is that along the periphery of the planned development, the applicable setbacks as established by the district shall not be reduced. 2. Allowed Uses: Applicant may request that specific conditional use(s) be allowed in the district as principal permitted use(s) and up to twenty-five percent (25%) of non-permitted uses be allowed as permitted uses if the council finds that compatibility within the PUD, compatibility with adjacent planned uses and compliance with the intent of the comprehensive plan is provided. It is at the sole discretion of the Council to approve non-permitted uses within the development, including the maximum amount of those non-permitted uses. 3. Private Streets and Service Drives: The uses within the planned unit development are interconnected through a system of roadways and/or pathways as appropriate. Private streets and service drives may be permitted, if designed and constructed to the transportation authority standards and in accord with this title. The approval of private streets shall not prevent access and/or interconnectivity to adjacent properties or otherwise create unreasonable development opportunities. 4. Buildings Clustered: Buildings shall be clustered where practical to preserve scenic or environmentally sensitive areas in the natural state, or to consolidate small open spaces into larger, more usable areas for common use and enjoyment. ---PAGE BREAK--- 149 B. Private Open Space: In addition to the common open space and site amenity requirements of this title, a minimum of eighty (80) square feet of additional, private, usable open space shall be provided for each residential unit not planned as single-family detached. This requirement can be satisfied through porches, patios, decks, and enclosed yards. Landscaping, and other accessways do not count toward this requirement. C. Residential Use Standards: 1. Housing Types: A variety of housing types may be included within a single planned development, such as attached units (townhouses, duplexes), detached units (patio homes), single-family and multi-family units, regardless of the district classification of the site, provided that the overall density limit of the district is maintained. A minimum of two housing types shall be provided for all PUD’s. D. Infill Planned Developments: Properties of five acres or less within the city of Star, that are located in areas already substantially developed (at least 80 percent of the land area within 300 feet of the boundaries of the parcel) and where water, sewer, streets, schools and fire protection have already been developed and are provided. Upon recommendation of the administrator, the council may approve exceptions to other sections of this title as an incentive for infill development, including, but not limited to the following: 1. The council may allow up to a twenty five percent (25%) increase in the density permitted for the district in which the site is located. It is at the sole discretion of the Council to approve the maximum density bonus requested. Density bonuses shall not be allowed in the CBD. 2. The council may also waive or modify open space and amenity requirements set forth in this section depending on the size and scale of the planned development and proximity to public open space, pathways or greenbelts. E. Conditions, Bonds and Safeguards: In approving the planned unit development, the council may prescribe appropriate conditions, additional conditions, bonds, and safeguards in conformity with this title that: 1. Minimize adverse impact of the use on other property. 2. Control the sequence and timing, or phasing, of the uses. 3. Control the duration of the use. Assure that the use and the property in which the use is located is maintained properly. 4. Designate the exact location and nature of the use and the property development. 5. Require the provision for on site or off-site public facilities or services. 6. Require more restrictive standards than those generally required in this title. 7. Require mitigation of adverse impacts of the proposed development upon service delivery by any political subdivision, including school districts, which provides services within the city. 8-7-5: REQUIRED FINDINGS: Upon recommendation from the administrator, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant a planned development request, the council shall make the following findings: A. The planned unit development demonstrates exceptional high quality in site design through ---PAGE BREAK--- 150 the provision of cohesive, continuous, visually related and functionally linked patterns of development, street and pathway layout, and building design. B. The planned unit development preserves the significant natural, scenic and/or historic features. C. The arrangement of uses and/or structures in the development does not cause damage, hazard, or nuisance to persons or property in the vicinity. D. The internal street, bike and pedestrian circulation system is designed or the efficient and safe flow of vehicles, bicyclists and pedestrians without having a disruptive influence upon the activities and functions contained within the development, nor place an undue burden upon existing transportation and other public services in the surrounding area. E. Community facilities, such as a park, recreational, and dedicated open space areas are functionally related and accessible to all dwelling units via pedestrian and/or bicycle pathways. F. The proposal complies with the density and use standards requirements in accord with his title. G. The amenities provided are appropriate in number and scale to the proposed development. H. The planned unit development is in conformance with the comprehensive plan. 8-7-6: TIME LIMITATIONS: The time limitations and extensions as set forth for conditional uses within this title shall also apply to planned unit developments. 8-7-7: MODIFICATIONS: The modification provisions as set forth for conditional uses within this title shall also apply to planned unit developments. ---PAGE BREAK--- 151 CHAPTER 8 DESIGN AND DEVELOPMENT STANDARDS ARTICLE A. SIGN STANDARDS 8-8A-1: PURPOSE: 8-8A-2: APPLICABILITY: 8-8A-3: CONFLICT WITH ORDINANCES, LAWS, RULES AND REGULATIONS: 8-8A-4: ADMINISTRATION AND INTERPRETATION: 8-8A-5: DEFINITIONS: 8-8A-6: GENERAL SIGN REQUIREMENTS: 8-8A-7: SIGNS EXEMPT FROM THIS CHAPTER: 8-8A-8: SIGNS NOT REQUIRING PERMITS: 8-8A-9: SIGNS WITHIN THE HISTORIC OVERLAY CBD ZONING DISTRICT: 8-8A-10: VISUAL ELEMENTS PROHIBITED: 8-8A-11: SIGNS REQUIRING PERMITS: 8-8A-12: PERMIT PROCESS AND PROCEDURES: 8-8A-13: NONCONFORMING SIGNS: 8-8A-14: VIOLATIONS, ENFORCEMENT, PENALTIES: 8-8A-1: PURPOSE: The purposes of this chapter are: A. To encourage the effective use of signs as a means of communication in the city of Star, Idaho; B. To maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development and growth; C. To improve pedestrian and traffic safety; D. To minimize the possible adverse effect of signs on nearby public and private property; and E. To enable the fair and consistent enforcement of these sign regulations. 8-8A-2: APPLICABILITY: A sign may be erected, placed, established, painted, created, or maintained in the city only in conformance with the standards, procedures, exemptions and other requirements of this chapter. The effect of this chapter as more specifically set forth herein is: ---PAGE BREAK--- 152 A. To establish a permit system to allow a variety of types of signs in commercial and industrial areas and a limited variety of signs in residential areas, subject to the standards and the permit procedures of this chapter; B. To allow certain types of signs which include: small, unobtrusive and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this chapter, without the requirements of a permit; C. To prohibit all signs not expressly permitted by this chapter; D. To establish a reasonable permit fee; and E. To provide for the enforcement of the provisions of this chapter. 8-8A-3: CONFLICT WITH ORDINANCES, LAWS, RULES AND REGULATIONS: In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, and general welfare. In case of conflict between this chapter or any part thereof, and the whole or part of any existing or future local, state, or federal ordinance, law, regulation, or rule, or the whole or part of any existing or future private covenant or deeds, the most restrictive requirement shall apply. 8-8A-4: ADMINISTRATION AND INTERPRETATION: A. Administration: The administrator or designee for the city of Star is charged with the implementation, administration, and enforcement of this chapter interpretation. B. Interpretation: The decision of the administrator shall be valid in areas of interpretation and vagueness. Appeal of decisions of the administrator shall be made to the Star city council. 8-8A-5: DEFINITIONS: Certain terms are defined for the purposes of this chapter. All other words and phrases shall be given their common, ordinary meaning unless the context clearly requires otherwise. ADDRESS: The numeric reference of a use or building to a street name. ANIMATED SIGN: Any sign which is designated and constructed to give its message through a sequence or progressive changes or parts or lights or degree of lighting, such as an electronic reader board. Animated signs are allowed only for municipalities and public school for the purpose of announcements to the community. All other animated signs are prohibited in all zoning districts. ANIMATED SIGN: Any sign which is designated and constructed to give its message through a sequence or progressive changes or parts or lights or degree of lighting, such as an electronic reader board. Animated signs are prohibited in all zoning districts. ---PAGE BREAK--- 153 AREA OF SIGN: See definition of Sign Area. ATTACHED SIGN: See definition of Building Sign. ILLUSTRATION 8-8A-5(a) ATTACHED SIGN AWNING: A shelter projecting from and supported by the exterior wall of a building. AWNING SIGN: A sign painted on, printed on, or attached flat against the surface of an awning. ---PAGE BREAK--- 154 ILLUSTRATION 8-8A-5(b) AWNING SIGN BANNER: A temporary sign made of cloth, plastic, or other soft material. ILLUSTRATION 8-8A-5(c) BANNER SIGN ---PAGE BREAK--- 155 BENCH SIGN: A sign painted on, attached to, or affixed to any portion of a bench or seating area at bus stops or other such pedestrian areas. BILLBOARD SIGNS: Any off site sign, available for rent, on a permanent structure on which the copy is periodically changed and which is not located on the premises to which such advertising copy pertains. BUILDING CANOPY: A rigid multisided structure covered with fabric, metal or other material, supported by a building at one or more points and by columns or posts at the other points, and either internally or externally illuminated. BUILDING SIGN: A permanent sign which is connected to, painted on, attached to, or otherwise affixed to a building and includes, but is not limited to, a wall, facade, building canopy, projecting, attached, or awning signs. ILLUSTRATION 8-8A-5(d) BUILDING SIGN ---PAGE BREAK--- 156 CANOPY, BUILDING: See definition of Building Canopy. CANOPY, FREESTANDING: See definition of Freestanding Canopy. CANOPY SIGN: A sign painted on, printed on, or attached flat against the surface of a canopy. ILLUSTRATION 8-8A-5(e) CANOPY SIGN ---PAGE BREAK--- 157 CHANGEABLE COPY SIGN: A sign or portion thereof with characters, letters, or illustrations that can be manually or electronically changed or rearranged without altering the face or the surface of the sign. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a time and temperature portion of a sign and not a changeable copy sign for purposes of this chapter. A changeable copy sign is also known as reader board, bulletin board, or message center. A changeable copy sign shall not be animated in any way. Animated signs are prohibited in all zoning districts, unless otherwise permitted within this title. DEVELOPMENT: A principal building or use or combination of principal buildings and uses, under a common plan with a common or shared identity as indicated by commonality of design and appearance and/or by a commonality of function and use. DIRECTIONAL SIGN: On site permanent sign used only to direct pedestrians or vehicular traffic. Directional signage shall include, but not be limited to, signs for entrances, exits, parking areas, and drive-through establishments. See also definition of Incidental Sign. ILLUSTRATION 8-8A-5(f) DIRECTIONAL SIGNS ---PAGE BREAK--- 158 ELEVATION: A geometrical projection of a building on a vertical plane. FACADE SIGN: See definition of Building Sign. FREESTANDING CANOPY: A rigid multisided structure covered with fabric, metal or other material and supported by columns or posts and either illuminated internally or externally. FREESTANDING SIGN: A permanent sign that is set firmly in or upon the ground surface, is not attached to any building or other structure. Freestanding signs include, but are not limited to, ground mounted, monument, or pole signs. ILLUSTRATION 8-8A-5(g) FREESTANDING SIGNS ---PAGE BREAK--- 159 GRADE: The average level of the finished surface of the ground adjacent to a sign or to the exterior wall of the building to which a sign is affixed. GROUND MOUNTED SIGN: A freestanding sign with a solid base. ILLUSTRATION 8-8A-5(h) GROUND MOUNTED SIGN HEIGHT OF SIGN: See definition of Sign Height. ILLEGAL SIGN: A sign which was not in compliance with this, or the applicable ordinance under which it was erected, installed, altered or displayed. ILLUMINATED SIGN: A sign with an artificial light source incorporated internally or externally for the purpose of lighting the sign. ---PAGE BREAK--- 160 INCIDENTAL SIGN: A sign that has a purpose secondary to the use of the lot on which it is located and is intended merely to provide directions or information. Incidental signs include, but are not limited to, no parking, entrance, loading only, telephone, and other similar directives. See also definition of Directional Sign. LANDMARK SIGN: A permanent sign or visual element that is designated by the Star city council as having historic and/or architectural significance. A landmark sign shall be at least twenty (20) years old unless the Star city council makes a finding that a newer sign with historic and/or architectural significance should be designated to protect it. MENU BOARD: A drive-thru menu board with or without speakers, as used by restaurants shall be considered a sign and shall meet the provisions for commercial signs listed in this chapter. MONUMENT SIGN: A permanent freestanding sign mounted on the ground and designed with a continuous structural element of approximately the same dimension from the ground to the top of the sign. See also definitions of Grade and Freestanding Sign. MURALS: Any piece of artwork painted or applied directly on a wall or other permanent surface. NONCONFORMING SIGN: A sign that was erected, installed, or displayed in compliance with previous sign regulations but which is not in compliance with this chapter and which has not been reconstructed, altered, or otherwise modified since the adoption of this chapter, except to bring the sign into compliance with the provisions of this chapter. OFF- SITE PREMISES SIGN: A permanent sign used to identify, display, advertise, or otherwise direct attention to a location other than the premises on which the sign is located. An off-premise sign is also referred to as "off- site sign". ON SITE SIGN: A permanent building sign located at or on the site and/or a product, good, or service offered on or available at the same lot where the sign is displayed. On site signs shall include, but are not limited to, attached sign, building sign, window sign, freestanding sign, projecting sign, and awning sign. An on-site sign is also referred to as "on premises sign". PERMANENT SIGN: A non-temporary sign designed and intended for long term use. POLE SIGN: A permanent freestanding sign mounted on the ground, where the structural element is significantly narrower than the sign. ILLUSTRATION 8-8A-5(i) POLE SIGN ---PAGE BREAK--- 161 PORTABLE SIGN: A temporary sign which is not permanently attached or anchored to the ground or other permanent structure, or a sign designed to be transported. Portable signs include, but are not limited to, signs designed to be transported by means of wheels, signs converted to A or T frames, menu and sandwich board signs, balloons or visual elements used as signs; umbrellas used for advertising, and signs attached to or painted on vehicles parked and visible from the public right of way. ILLUSTRATION 8-8A-5(j) PORTABLE SIGNS ---PAGE BREAK--- 162 PROJECTING SIGN: A permanent building sign which is mounted, erected, or otherwise affixed on a building wall or structure, projecting generally perpendicular to the wall, and extending beyond the building wall more than twelve inches Projecting signs also include suspended signs. ILLUSTRATION 8-8A-5(k) PROJECTING SIGN READER BOARD: See definition of Changeable Copy Sign. ROOF INTEGRAL SIGN: Any building sign erected or constructed as an integral or essentially ---PAGE BREAK--- 163 integral part of a normal roof structure of any design, so that no part of the sign extends vertically above the highest portion of the roof and so that no part of the sign is separated from the rest of the roof by a space of more than six inches For purposes of this chapter, any portion of a building above or behind the fascia or parapet of a building shall be considered part of the roof. See also definition of Building Sign. ILLUSTRATION 8-8A-5(l) ROOF INTEGRAL SIGN ROOF SIGN: A sign erected and constructed wholly or in part upon, against, or above the roof of a building. For purposes of this chapter, any portion of a building above or behind the fascia or parapet of a building shall be considered part of the roof. ILLUSTRATION 8-8A-5(m) ROOF SIGNS ---PAGE BREAK--- 164 SIGN: Any device, structure, fixture, display, emblem, picture, placard, visual element, or any parts or combinations thereof using graphics, symbols, and/or written copy for the primary purpose of identifying, providing directions to, drawing attention to, or advertising any activity, place, business, office, institution, facility, organization, profession, trade, occupation, product, good, or service. SIGN AREA: The total area of the sign face which is used to display a message, not including its supporting poles or structures. SIGN HEIGHT: The distance from the base of the sign at normal grade to the top of the highest attached component of the sign. SIGN PLAN: A coordinated plan for developing signs for an individual building or a group of buildings. SUBDIVISION IDENTIFICATION SIGN: A sign used to identify a residential subdivision on site. TEMPORARY SIGN: A sign that is made of paper, cardboard, cloth, plastic, fabric, vinyl, wood or other materials, which is used for a limited period of time, as set forth in this chapter, and which is not permanently mounted. Temporary signs include, but are not limited to, A-frame, banner, wind sign, special event sign, mechanically operated portable sign (fan blown, battery operated mechanisms), etc. TIME AND/OR TEMPERATURE SIGN: A sign or portion thereof on which the only copy that changes is an electronic or mechanical indication of time or temperature. VISUAL ELEMENT: A substitute for additional signs consisting of temporary and/or permanent device intended to attract attention to any activity, place, business, office, institution, facility, organization, profession, trade, occupation, product, good, or service or to convey message ---PAGE BREAK--- 165 concerning any activity, place, business, office, institution, facility, organization, profession, trade, occupation, product, good, or service. WALL SIGN: Any permanent building sign attached parallel to, but within two feet of a wall, painted on the wall surface of, or erected and confined within the limits of any outside wall of any building, which is supported by such wall or building, and which displays only one sign surface. Also see definition of Building Sign. WINDOW SIGN, EXTERIOR: A sign which is mounted, placed, applied, painted, attached or otherwise affixed on the exterior or outside of a window or to a windowpane or glass and is visible from the exterior of the window. Exterior window signs are considered permanent building signs. Window signs shall not have moving text or mechanics. ILLUSTRATION 8-8A-5(n) WINDOW SIGNS WINDOW SIGN, INTERIOR: A sign which is mounted, placed, applied, painted, attached or otherwise affixed inside a window or to the interior of a windowpane or glass and is visible from the exterior of the window. Interior window signs are not considered building signs. 8-8A-6: GENERAL SIGN REQUIREMENTS: ---PAGE BREAK--- 166 The information contained within this section is intended to be used as criteria in all sections of this chapter; however, there may be areas that require more detail or explanation. In those cases, the information in those sections shall be used. A. General Sign Requirements: All signs shall comply with the following general sign requirements: 1. No sign shall be placed in a manner visible from any public street, alley, right of way, sidewalk, or other public easement, except as provided herein, nor shall any sign be placed in or extend over street, right of way, roadway, sidewalk, public or private utility or access or other easement, or alley, except as provided herein and with the approval of the appropriate agency or utility. Any sign installed or placed on or over public property or right of way after adoption of this chapter, except in conformance with these requirements, shall be forfeited to the public and subject to confiscation. In addition to other remedies hereunder, the city shall have the right to recover from the owner or person placing such a sign the full cost of removal and disposal of the sign. 2. All signs allowed hereunder shall be constructed and placed so as not to obstruct the vision of the public at any street, alley, or driveway. Signs otherwise permitted by this chapter may be located within the sight distance triangle, as shown below, provided that no part of such sign exceeds a horizontal dimension of twelve inches (12") between the height of two and one-half feet (21/2') and twelve feet (12') above the average grade of each street, alley, or driveway. See illustrations for visual clearance and sight distance triangle. ILLUSTRATION 8-8A-6(a) ---PAGE BREAK--- 167 VISUAL CLEARANCE ILLUSTRATION 8-8A-6(b) SIGHT DISTANCE TRIANGLE 3. No sign shall be allowed to be illuminated, except as expressly provided herein. Signs which are otherwise allowed to be illuminated are not allowed if the administrator finds that the lighting adversely affects adjoining residential uses or causes glare or otherwise interferes with the vision of persons operating motor vehicles. All illuminated signs shall not be flashing or pulsating and shall be constant in intensity and color, unless otherwise allowed herein. Sign lighting shall be ---PAGE BREAK--- 168 directed away from all traffic and from all adjoining residential properties, and the lighting intensity shall not exceed fifteen (15) foot-candles at any point on the sign face. No sign shall be illuminated if lighting is already provided to the area where the sign is to be located. All lighting associated with signage shall meet any requirements of this title regarding dark sky standards. 4. No sign shall be allowed to revolve, rotate, or move. 5. No sign shall be allowed if the administrator finds that the sign is constructed or designed in a manner which may cause the sign to be confused with a traffic sign or other traffic control device. B. Sign Area and Height Computations: The following principles shall control the computations of sign area and sign height: 1. Computation Of Area Of Individual Signs: The area of a sign face (which is also the sign area of a wall sign or other sign with only 1 face), shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing or decorative fence or wall when such fence or wall is clearly incidental to the display itself. ILLUSTRATIONS 8-8A-6(c) SIGN AREA COMPUTATIONS ILLUSTRATION 8-8A-6(d) ---PAGE BREAK--- 169 SIGN AREA COMPUTATION FOR PERMANENT BUILDING SIGN With No Defined Sign Background Channel Letters) 2. Computation Of Area Of Multifaced Signs: The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than forty-two inches (42") apart, the sign area shall be computed by the measurement of one of the faces. 3. Computation Of Height: The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of: a) existing grade prior to construction, or b) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal building on the lot, whichever is lower. When sign is within the building setback, the calculation for the sign may use either the base elevation or the elevation of the roadway. The computation of sign height shall include the permitted sign and any attached changeable copy sign or reader board and the sign structure. ---PAGE BREAK--- 170 ILLUSTRATION 8-8A-6(e) SIGN HEIGHT COMPUTATION ILLUSTRATION 8-8A-6(f) SIGN HEIGHT COMPUTATION In Cases Where the Normal Grade Cannot Reasonably Be Determined ---PAGE BREAK--- 171 4. Construction Standards: All permitted signs shall be constructed and maintained in compliance with the applicable provisions of the city of Star building code and other provisions of the city of Star ordinances. All illuminated signs shall be installed in accordance with the applicable provisions of the national electric code, and all detached signs shall be so illuminated by an underground electrical source. 5. Construction Materials: All signs shall be constructed with durable materials including but not limited to metal, aluminum, wood, hard plastics and vinyl, rock or aggregate, or other materials manufactured for durability and longevity. Materials such as thin vinyl used for banners, paper or cardboard is not considered as a permanent material and shall be prohibited for permanent signage. 6. Maintenance Standards: All permitted signs shall be maintained in good structural and aesthetic condition. Deficiencies, such as chipped paint, broken plastic, missing letters, and exposed light bulbs, shall be evidence of lack of maintenance. 8-8A-7: SIGNS EXEMPT FROM THIS CHAPTER: Provided that the following signs or visual elements contain no commercial message, logo, or symbol and comply with the general sign regulations set forth in section 8-8A-8 of this article, these signs shall be exempt from all other provisions of this chapter: A. Traffic signs, public notices or danger warnings required by a valid and applicable federal, state, or local law, regulation, and/or ordinance; B. Holiday lights and decorations on residential lots with no commercial message, logo, or symbol; C. Traffic control signs on private property, such as stop, yield, and similar signs;, Civic, philanthropic, educational, or religious organization; D. Organizational event signs within a public right of way, provided: 1. Temporary signs which announce or are related to a campaign, drive or event of a Civic, philanthropic, educational, or religious organization must be removed within twenty-four (24) hours of end of event; 2. Signs within the transportation authority rights of way, written permission shall be obtained from the transportation authority and presented to the city; 3. Transportation authority permitted ROW signs shall be removed upon the conclusion of the event; ---PAGE BREAK--- 172 E. Public or semipublic athletic field signs which indicate sponsorship of the teams or announce or relate to activities that occur therein, provided: 1. Such signs shall be affixed, placed, or installed on the athletic field fencing and facing the field, and 2. Such signs shall not be affixed to scoreboards, buildings, or structures; 8-8A-8: SIGNS NOT REQUIRING PERMITS: The followings signs are allowed on private property without permits, provided that the signs contain no commercial message, logo, or symbol and comply with the general sign regulations set forth in this chapter: A. Building identification signs, such as address and building marker, provided: 1. One sign, not exceeding four square feet in area, shall be permitted; and 2. Such signs shall be attached to the referenced building. B. Personal message signs, such as birthday, anniversary, and birth announcements or other noncommercial messages, provided: 1. Once sign, not exceeding six square feet in area, shall be permitted; and 2. Such signs shall be displayed no longer than fourteen (14) days. B. National, state, local and corporation flags, provided: 1. The United States Of America flag, state of Idaho flag, or flags of any other national or political subdivision shall be flown and displayed in a manner so that the flags are not construed as an attraction gaining device for the advertising of a product or use, or in a manner to otherwise draw the attention of the traveling public to an establishment; 2. One corporation flag shall may be flown in conjunction with the United States or state of Idaho flag and as part of the display; 3. Such displays shall not exceed twenty-five (25) square feet in area in any residential area or sixty (60) square feet in any commercial or industrial area; 4. Such displays shall not be flown from a pole the tip of which is more than twenty-five feet (25') in height; 5. Such displays shall conform to the criteria established in the ninety-fourth session of congress (94-344; SJ resolution 49); and ---PAGE BREAK--- 173 6. Only one flag display shall be permitted for each establishment, and the display shall be located at the principal building of the facility. In a residential district, flagpoles shall be allowed only in the front yard of dwelling. D. Civic, Philanthropic, Educational, or Religious Organizational Event signs which announce or are related to a campaign, drive, or event of a civic, philanthropic, educational, or religious organization, provided: 1. One temporary sign, not exceeding forty (40) square feet and seven feet in height, and balloons not exceeding 12-inch in diameter, shall be permitted on the site of the campaign, drive, or event; 2. Such signs shall be removed within forty-eight (48) hours of the conclusion of the event to which the sign relates; 3. Such signs must be securely installed or displayed and shall be constructed or designed in a manner which shall not cause the sign to be confused or interfere with a traffic sign or other traffic control device; and, 4. Such signs may be ground-mounted or building-mounted, and if building-mounted, the signage shall not extend above the peak, or highest point of the roof. E. Real Estate Signs indicating the sale or rental of the premises, provided: 1. One sign shall be permitted on the premises being sold or rented; 2. For lots or tracts of five acres in size or less, such signs shall not exceed eight square feet, with maximum two sign faces, and seven feet in height; 3. For lots or tracts greater than five acres in size, such signs shall not exceed thirty-two (32) square feet, with maximum two sign faces, and seven feet in height; and, 4. Such signs shall be removed no later than one week after the closing of the sale or lease. F. Auction Signs advertising and announcing the auction of real and personal property, provided: 1. One sign shall be permitted on the premises of the auction; 2. Such sign shall not exceed thirty-two (32) square feet in size, with maximum two sign faces, and seven feet in height; and, ---PAGE BREAK--- 174 3. Such signs shall be displayed only for the fourteen (14) calendar days immediately preceeding the auction’s date and shall be removed on the day that the auction is held. G. Construction Signs identifying the persons, businesses, professions, or trades engaged in a CURRENT construction project of a building on the site, provided: 1. One sign per contractor and one sign per financial institution offering service(s) on the property shall be permitted; 2. For lots less than two acres in size, such signs shall not exceed eight square feet, with maximum two sign faces and seven feet in height; 3. For lots greater than two acres in size, such signs shall not exceed thirty (30) square feet, with maximum two sign faces, and seven feet in height; and, 4. Such signs shall be removed no later than one week after final occupancy of the site or completion of the service, whichever is longer. H. Informational, Directional or Historic Marker or Signs erected by a public agency that contain no message referring to any specific business or commercial activity and are non-commercial in nature. I. Community Identification Signs containing the town or community name and/or civic ganizational names, such as Kiwanis, Rotary, Jaycees, etc., but not including semi- public institutions, provided: 1. Such signs shall contain no message referring to any specific business or commercial activity and shall be non-commercial in nature; 2. Such signs shall only be displayed on a group sign structure; 3. Such group sign structures shall only be located in a commercial or industrial district within ¼ mile of the Star corporate limits; 4. Such group sign structures shall not exceed seven feet in height and fifty (50) square feet sign area; and, 5. Such group sign structures require approval of the Star City Council. J. Election Signs announcing or supporting political candidates or issues in connection with any national, state, or local election, provided: ---PAGE BREAK--- 175 1. Such signs shall be removed within ten (10) days following the election, to which it applies, and the owner of the property on which the sign is placed shall be responsible for its removal; 2. Such signs may be placed on private fences with the property owner’s permission and shall be removed within ten (10) days after the election; 3. Such signs may not be erected or placed on public property or on rocks, trees, public fences, sign posts, light poles, or utility poles on public property; and, 4. Property owners shall be responsible for violations. K A. Incidental signs that are informational and have a purpose secondary to the use of the lot on which it is located, such as no parking, entrance, loading only, telephone, and other similar directives. L. Garage/Yard Sale Signs: 1. One sign per event shall be permitted. 2. Such signs shall not be larger than four twenty four (24) square feet. 3. Such sign shall be posted no longer than three consecutive days and removed by sundown of the third day. 4. Such signs shall be allowed to be posted once a month, per sale, property. M. Subdivision or Development Signs that indicate that property or lots within the subdivision are for Sale or are under development or that a multi-family residential development is under construction and will soon be offered for rent or sale, provided: 1. One temporary sign per subdivision entrance shall be permitted; 2. Such signs may be non-illuminated or indirectly-illuminated; 3. Such signs shall not exceed thirty-two (32) square feet in area and seven feet in height;and, 4. Upon sale of ninety (90) percent of the lots or property within a subdivision or development or ninety (90) percent rental of the units in a multi-family residential development, such signs shall be removed. 8-8A-9: SIGNS WITHIN THE HISTORIC OVERLAY CBD ZONING DISTRICT: The number, size, height, appearance and location of signage within a historic overlay zoning ---PAGE BREAK--- 176 district shall comply with adopted design guidelines for the central business district and the city of Star zoning regulations. Any sign not previously approved by the Star city council as a landmark sign will be considered nonconforming as of the enactment of this chapter until found to be appropriate by subsequent action of the administrator and/or Star city council. All nonconforming signs will be subject to section 8-8A-13 of this article. All nonconforming signs within the CBD district will be subject to sections 8-8A-1 through 5, and 8-8A-12 through 8-8A-14 of this article. 8-8A-10: VISUAL ELEMENTS PROHIBITED: Visual elements, as defined in section 8-8A-5 of this article, are prohibited in all circumstances whether added to a sign or simply displayed on a property, unless otherwise allowed in this chapter. Visual elements include, but are not limited to: A. Pennants, banners or streamers, feathers, flags, wind or fan blown devices and mechanisms intended to otherwise attract attention, with or without commercial message, logo, or symbol; B. Large or small balloons, with or without commercial message, logo, or symbol unless otherwise provided in this chapter; C. Flashing lights, flashing arrows, or other pulsating fixtures or items; D. Large inflatable displays, fixed or portable, that indicate through direct representation or through symbolism, a use or service undertaken and/or a product or good offered on the property on the site and; E. Large displays of permanent construction, fixed or portable, that indicate through direct representation or through symbolism, a use or service undertaken and/or a product or good offered on the property on the site and that are larger than the maximum cube dimensions of six feet in height, four feet in depth, and four feet in width, as set forth in subsection 8-8A-11C2b(4)(B) of this article; and F. Wording, message, or any symbol, or depiction on the exterior of a building, or any structural element thereof, any independent structure or any other article or item on the property including automobiles or other vehicles. 8-8A-11: SIGNS REQUIRING PERMITS: The following signs shall not be erected, placed, established, painted, installed, or created until an approved sign permit has been issued by the administrator and shall comply with the general sign regulations set forth in this chapter and as set forth below: A. Residential or Miscellaneous Signs: ---PAGE BREAK--- 177 1. Subdivision identification signs identifying the subdivision or development name, provided: a. One sign per each subdivision entrance and one additional sign for each individual subarea of a subdivision shall be permitted; b. Such signs shall be indirectly illuminated; c. Such signs shall not exceed twenty (20) square feet in area; and d. The entire sign structure shall not exceed twenty-five feet (25') in length and eight feet in height. e. The sign shall be located within a common area lot, shall be maintained by an HOA, and shall be located outside of the clear vision triangle. 2. Building identification signs identifying the name of the owner or occupant of the building, provided: a. One sign shall be permitted and shall not exceed one square foot in area; b. Such signs shall be attached to the building; and c. Such signs shall not be illuminated. 3. Multi-family residential development identification signs, provided: a. One sign shall be permitted and may be wall or ground mounted; b. Such signs shall not exceed twenty (20) square feet in area; c. If ground mounted, the sign shall be set back at least ten feet (10') from the right of way line or property line; and d. Such signs shall not exceed eight feet in height. 4. Directional signs, provided: a. A multi-family residential development shall be permitted one directional sign per each public road/street frontage; b. Such signs shall be illuminated by indirect or diffused lighting; c. Such signs shall not exceed three square feet in area; and d. Such signs shall be wall mounted, or if ground mounted, shall be set back at least five feet from the right of way line or property line. ---PAGE BREAK--- 178 B. Public or Quasi-Public Signs: Public or quasi-public signs indicating the name of the institution, provided: 1. One sign, not exceeding twenty-five (25) square feet in area and seven feet in height, shall be permitted; 2. Such signs may be indirectly or interiorly illuminated; and 3. Such signs may also have one reader board, provided that such reader board shall be attached to the principal sign and shall not exceed fifteen (15) square feet in area. C. Commercial, Professional Office and Industrial Signs: 1. Temporary signs, providing directions to, drawing attention to, or advertising special sale, event, activity, use, good, service, or product provided, sold, or conducted on the site provided: a. One sign, not exceeding forty (40) square feet and seven feet in height, and small balloons, not exceeding twelve inches (12") in diameter, shall be permitted; b. Such signs must be securely installed or displayed and shall be constructed or designed in a manner which shall not cause the sign to be confused or interfere with a traffic sign or other traffic control device; c. Such signs may be ground mounted or building mounted, and if building mounted, the signage shall not extend above the peak, or highest point of the roof; d. Where a single building or complex of buildings contains two or more principal uses with their own separate exterior customer entrances, each principal use located therein shall be permitted temporary signage as set forth above; and e. Each principal use shall be allowed up to four temporary sign permits per calendar year, and each permit is granted for one 7-day period. 2. Permanent signs, used for drawing or attracting attention to, providing as a symbol of, or conveying message concerning any activity, use, good, service, or product provided, sold, or conducted on the site provided: a. Maximum Number of Permanent Signs: Individual Principal Use: An individual principal use located on an individual lot shall be allowed a maximum total of four signs, unless otherwise allowed in this chapter. Multi-Tenant and Multiuse Buildings: Multi-tenant and multiuse building with two or more principal uses without their own separate exterior building entrances and exits and sharing a common hallway. ---PAGE BREAK--- 179 The building shall be allowed a maximum total of four permanent signs, unless otherwise allowed in this chapter. Multi-Tenant and Multiuse Buildings and Developments: Multi-tenant and multiuse buildings and developments where a single building or complex of buildings contains two or more individual principal uses with their own separate exterior building entrances and exits. Building Signs: Unless otherwise allowed in this chapter, the number and size of permanent building signs for each principal use located within the development shall be based on the portion of the building elevation occupied by the use. Freestanding Signs: The number and size of freestanding signs for a multi-tenant and multiuse building and development shall be based on the total building size and public street frontage of the entire development. Individual buildings and uses within the development shall not be permitted individual freestanding signs. ILLUSTRATION 8-8A-11(a) MULTIUSE BUILDING SIGN TYPES b. Permanent Sign Types: Freestanding Signs: ---PAGE BREAK--- 180 Developments consisting of less than five thousand (5,000) square feet gross floor space: (Ord. 236, 7-15-2014) Maximum Number of Freestanding Signs: One freestanding sign. (ii) Maximum Sign Area and Height: For freestanding signs with a maximum height of seven feet the maximum sign area shall not exceed fifty (50) square feet. For freestanding signs with a maximum height of twenty feet the maximum sign area shall not exceed thirty (30) square feet. When a freestanding sign is located more than sixty-five feet (65') from the driving lane of a public road/street with forty-five (45) mile per hour (mph) or greater speed limit, the maximum sign area shall not exceed seventy (70) square feet, and the maximum sign height shall not exceed ten feet (iii) Minimum Setbacks: The minimum setback for freestanding signs shall be ten feet (10') from rear and side property lines and off of the right of way of any public road/street, unless otherwise stated in this chapter. (iv) Changeable Copy Sign: Each freestanding sign may have attached to it a changeable copy sign, provided: Such sign shall not exceed one-half (1/2) the sign area of the permitted freestanding sign on which it is attached; Such sign may not be electronic, such as light emitting diode (LED), shall not flash, scroll, chase, rotate, blink or pulsate or have any similar effects of movement, shall not include any animated images and images which move or give the appearance of movement and shall not have visual messages with apparent motion caused by, but not limited to, the illusion of moving objects, moving patterns or boards of lights, expanding, contracting, or rotating shapes, scrolling or running messages, or other similar animation effects; Such sign shall be limited to text only, and the text shall be static and in a stationary and fixed position; Developments with gross floor space more than five thousand (5,000) square feet: Maximum Number of Freestanding Signs: Two freestanding signs. (ii) Maximum Sign Area And Height: For freestanding signs with a maximum height of seven feet the maximum sign area shall not exceed fifty (50) square feet. ---PAGE BREAK--- 181 For freestanding signs with a maximum height of twenty feet the maximum sign area shall not exceed thirty (30) square feet. When a freestanding sign is located more than sixty-five feet (65') from the driving lane of a public road/street with forty-five (45) mile per hour (mph) or greater speed limit, the maximum sign area shall not exceed seventy (70) square feet, and the maximum sign height shall not exceed ten feet (iii) Minimum Setbacks: The minimum setback for freestanding signs shall be ten feet (10') from rear and side property lines and off of the right of way of any public road/street, unless otherwise stated in this chapter. (iv) Minimum Sign Separation: The minimum separation between two freestanding signs on a lot or tract shall be one hundred fifty feet (150'). Building Signs: Maximum Number of Signs: Individual Principal Use: Each individual principal use located on an individual lot is allowed maximum four building signs, unless otherwise allowed herein. (ii) Multi-Tenant And Multiuse Building: Multi-tenant and multiuse building with two or more principal uses without their own separate exterior building entrances and exits and sharing a common hallway: The building shall be permitted three building signs, and the sign sizes shall be based on the size of elevation as set herein, unless otherwise allowed. (iii) Buildings Containing Two Or More Principal Uses: Multi-tenant and multiuse buildings and where a single building or complex of buildings contains two or more individual principal uses with their own separate exterior building entrances and exits: Unless otherwise allowed in this chapter, the number and size of building signs for each individual principal use located within the development shall be based on the portion of the building elevation occupied by the individual principal use, as set forth below, as though they were individual and independent buildings. Total Allowable Building Sign Area Per Elevation: If the principal use has no freestanding signs, then the total allowable sign area for building signs shall be as follows: If the business has a total of three building mounted signs, each sign may be up to seven percent of the elevation; If the business has a total of two building mounted signs, up to nine percent of the elevation; or If the business has one building mounted sign, the sign may be up to eleven percent (11%) of the elevation. ---PAGE BREAK--- 182 (ii) If the principal use has one freestanding sign, the total allowable sign area for building signs shall be as follows: If the principal use has a total of three building signs, each sign may be up to five percent of the building elevation or thirty (30) square feet, whichever is larger; If the principal use has a total of two building signs, each sign may be up to seven percent of the elevation; or If the business has only one building sign, each sign may be up to nine percent of the elevation. (iii) If the principal use has two freestanding signs, then the total allowable building sign area is: If the principal use has a total of two building signs, each sign may be up to seven percent of the elevation; or If the business has only one building sign, each sign may be up to nine percent Building Mounted Signs: Building mounted signs shall not extend above the peak, or highest point of the roof. Projecting Signs: A projecting sign shall be a substitute for, or in lieu of, one permanent sign for the principal use; (ii) The sign shall have nine feet of clearance above sidewalk; (iii) The sign shall not project more than ten feet (10') from building nor be any closer than eighteen inches (18") from curb or driving lane; (iv) The sign shall not extend above the peak of the roof; and A two or more story building shall not have projecting signs. Off Premises Signs: Off premises (off-site) signs a prohibited in all zones and may only be allowed as part of an overall sign program for properties that are part of a contiguous development or subdivision and as approved by the administrator, provided: The permitted off-premise sign shall not exceed the size, height, and setbacks requirement of the freestanding sign of the lot on which it is located; The off-premise sign may not be located within fifty feet (50') of any other freestanding sign; Written evidence of property owner consent must be submitted with the permit application; Off-premise “Welcome to Star” signs are exempt from this prohibition. ---PAGE BREAK--- 183 Visual Elements: ILLUSTRATION 8-8A-11(b) VISUAL ELEMENT ---PAGE BREAK--- 184 One permanent and ground mounted visual element per individual principal use shall be permitted as a substitute for, or in lieu of, one permanent sign allowed for the use; The maximum size of the visual element shall be computed by means of the smallest cube that will encompass the extreme limits of the visual element and with maximum cube dimensions of six feet in height, four feet in depth, and four in width; Parts of the visual element may not extend more than twenty percent (20%) beyond the limits of the allowable area set forth in subsection C2b(4)(B) of this section; Visual elements shall have no parts that move or give the appearance of movement and shall have no apparent motion caused by, but not limited to, the illusion of moving objects, moving patterns or boards of lights, expanding, contracting, or rotating shapes, scrolling, or running messages or other similar animation effects; Visual elements must be securely installed or displayed and shall be constructed or designed in a manner which shall cause the sign to be confused or interfere with a traffic sign or other traffic control device; and Commercial messages, logos, or symbols shall be limited to two sides of the visual elements and shall not exceed ten (10) square feet. Landmark Signs: Such signs shall be exempt from size, height, and setback regulations, but shall comply with all other regulations set forth in this chapter, and Such signs shall not encroach into a public right of way, unless otherwise allowed by an approved entrance permit by the appropriate governing authority. Accessory Building Signs: One building sign on an accessory building shall be permitted in addition to the building signs allowed for the individual principal use; The maximum sign area shall not exceed one square foot per linear foot of the building length of and on the elevation on which the sign is located and facing the public street or private accessway if the lot has no public street frontage; and Additional accessory building signs may be allowed but shall be in lieu of, the permitted building signs for the individual principal use and shall comply with the maximum number and size of building signs allowed for the individual principal use. Freestanding Canopy Signs: One sign on each canopy elevation (fascia) shall be permitted; Such signs shall not exceed eight square feet; and ---PAGE BREAK--- 185 Such signs shall be permitted in addition to the building signs allowed for the individual principal use. LI Signs: Light industrial commercial park (LI) identification signs, provided: One sign per public street entrance shall be permitted; Such signs shall not exceed forty (40) square feet in area; A listing of individual businesses and industries shall be allowed as part of the identification sign; and Written evidence of property owner consent must be submitted with the permit application. D. Murals: The following conditions shall be met for an allowed mural: 1. Remain unaltered for a minimum of two years and be maintained thereafter to its original quality. 2. Shall not exceed height and width of structure. 3. Shall not extend more than six inches from the building facade. 4. Shall not include electrical moving components. 5. Murals are not permitted in residential districts or on residential buildings. 6. Murals and public art installation must comply with city light standards. 7. Digitally printed image murals are allowed for restoration purposes only. 8. Fees for all murals shall be set by resolution. 9. Mural must be of a nature relevant to Star. 10. All murals must be approved by council at a normally scheduled council meeting (no public hearing is required). 8-8A-12: PERMIT PROCESS AND PROCEDURES: A. Permit Required: Except as otherwise provided in this chapter, it shall be unlawful for any person to erect, construct, install, mount, place, apply, paint, attach, affix, expand, enlarge, move, modify, or replace any sign or cause the same to be done, without first obtaining a sign permit. B. Application and Permit Issuance: ---PAGE BREAK--- 186 1. If a sign requiring a permit under the provision of this chapter is to be erected, constructed, installed, mounted, placed, applied, painted, attached, affixed, expanded, enlarged, moved, modified, or replaced on a property, the property owner shall secure a sign permit prior to the construction, placement, erection, or modification of the sign. 2. No sign permit of any kind shall be issued for an existing or proposed sign unless the sign is consistent with the requirements of this chapter (including those protecting existing signs) in every respect and with the sign plan in effect for that property. 3. The following procedures shall govern the application for and issuance of all sign permits under this chapter and the submission and review of sign plans: a. Sign Plan Required: No permit shall be issued for an individual sign requiring a permit until a sign plan for the property on which the sign will be installed has been submitted to and approved by the administrator as conforming with this section. b. Sign Plan Contents: For any property on which the owner proposes to erect one or more signs requiring a permit, the owner shall submit to the administrator a sign plan containing the following: An accurate plot plan of the property, at such a scale as the administrator may reasonably require with a current legal description in metes and bounds; Location of existing and proposed buildings, structures, parking lots, driveways, and landscaped areas of the property; Computations of the maximum total sign area, the maximum area for individual signs, the height of signs and the number of building and freestanding signs allowed on the property included in the plan under this chapter; An accurate indication on the plot plan of the proposed location of each present and future sign of any type whether requiring a permit or not.; and For electronic changeable copy signs: Specifications from the manufacturer providing the maximum nit (or equivalent) rating of the sign; (b)Documentation from the manufacturer indicating that the sign is equipped with the required automated light sensing device; and, C.A notarized letter signed by the property owner acknowledging the owner’s agreement to abide by this Ordinance requiring automatic level controls to reduce light levels at night and under cloudy or other darkened conditions. C. Fees: ---PAGE BREAK--- 187 1. Permit Fees: No sign permit shall be issued until all applicable fees have been paid. The fees for sign permits, as adoption by resolution of the city council, may be adjusted by the city as necessary, periodically. 2. Late Fees: In addition to the sign permit fees, the administrator shall also assess a late fee, as adopted by resolution, to any applicant who erects, places, establishes, paints, installs, creates, or in any other way initiates a sign prior to receiving the property permit or approval from the administrator. This fee is in addition to, and not in lieu of, any penalties for violations of the regulations. Payment of this late fee will in no way exonerate or excuse the applicant from applying in an appropriate manner and complying with the normal requirements and standard permit fees for the permission or applicable permit which is needed. D. Review: The administrator shall review the application for completeness. If the application is complete, the administrator shall process the application. If the application is incomplete, the administrator shall notify the applicant of the deficiencies and reference the appropriate sections of this chapter. Upon correcting the deficiencies, the administrator will process the application. E. Issuance Of Permits: All sign permit applications shall be reviewed by the administrator or designee allowing submission and/or official acceptance of a complete application, for compliance with these regulations. Once a determination regarding the sign permit application has been made the administrator will: 1. Issue a letter of compliance to the applicant, with conditions if any, if the sign that is the subject of the application conforms in every respect with the requirements of this chapter and the applicable sign plan; or 2. Deny the sign permit and issue a written statement to the applicant, if the sign that is the subject of the application fails in any way to conform with the requirements of this chapter and of the applicable sign plan. In case of a rejection, the administrator shall specify in the rejection the section or sections of this chapter or applicable plan with which the sign is inconsistent. F. Appeals: All appeals and variances from the requirements of these regulations shall be scheduled for public hearing. 8-8A-13: NONCONFORMING SIGNS: A. For the purpose of this section, a "nonconforming sign" shall be defined as a sign existing at the effective date hereof which could not be built under the terms of this chapter or under the terms of other applicable local ordinances. The following requirements apply to the continued use of and/or replacement of nonconforming signs: 1. Continued Use: A nonconforming sign may continue to be used by the establishment occupying the structure on the site for which the sign was originally erected, as long as no major structural support element (frame, pole, bracing, etc.) is replaced. If a major structural support element is to ---PAGE BREAK--- 188 be replaced, due to voluntary action by the owner, or due to an act of God or unforeseen circumstance, then the new sign to be erected must be in compliance with this chapter. 2. Replacement: The sign face of a nonconforming sign may be replaced as long as no major structural element of the sign is replaced. As stated above, if a major structural element is to be replaced, then the new sign to be erected must be in compliance with this chapter. 3. Change in Use: Where a change in land use, occupancy, or ownership occurs which necessitates the altering of a sign in any manner, then the altered or changed sign shall be brought into conformance with the requirements of this chapter. 4. Existence of Nonconforming Building Sign: Existence of a nonconforming building sign on the premises will prohibit issuance of further building sign permits while the nonconforming sign exists. 5. Existence of Nonconforming Freestanding Sign: Existence of a nonconforming freestanding sign on the premises will prohibit the issuance of further freestanding sign permits while the nonconforming sign exists. 6. Limitations And Removal Of Nonconforming Signs: In the event a use or establishment ceases operation for a period of thirty (30) days, the sign owner, lessee, or property owner shall immediately remove any nonconforming signs identifying or advertising the business or any product. This requirement shall not apply where, under the provisions of this chapter, an existing, conforming sign may be altered to advertise a new principal use, business, establishment, or product, and there is evidence that a new establishment will be in operation on the premises within thirty (30) days. Where no such evidence exists, the sign face shall be removed or the message shall be painted over in such a manner as to completely cover up or hide from sight the message. Upon failure of the sign owner, lessee, or property owner to comply with this section, the administrator shall issue a written notice to the owner. The notice shall state that the sign shall be removed within fifteen (15) days. If the owner fails to comply with the written notice to remove the sign, the administrator is hereby authorized to cause removal of the sign. Any expense incidental to the removal of the sign shall be charged to the owner and shall constitute a lien upon the property. For the purpose of dealing with nonconforming signs in this section, the word "remove" shall mean: a. The sign face, along with posts, columns, or supports of freestanding signs, shall be taken down and removed from the property; b. The sign face and supporting structures of projection, roof or wall signs shall be taken down and removed from the property; c. The sign face of painted wall signs shall be removed by painting over the wall sign in such a manner as to completely cover up and hide from sight the sign in question. 7. Nonconforming animated signs - The property owner of a nonconforming animated sign shall continue to abide by the original standards for approval of the sign including the following: 1. Such sign shall not flash, scroll, chase, rotate, blink or pulsate or have any similar effects of movement; ---PAGE BREAK--- 189 2. Such sign shall not include any animated images and images which move or give the appearance of movement and shall not have visual messages with apparent motion caused by, but not limited to, the illusion of moving objects, moving patterns or boards of lights, expanding, contracting, or rotating shapes, scrolling or running messages, or other similar animation effects; 3. Such sign shall be programmed so that the text changes no more than every minute, and such changes of text shall be substantially instantaneous as seen by the human eye and shall not use fading, rolling, window shading, dissolving, or similar effects as part of the change; 4.Such signs shall use automated light sensing devices to reduce light levels at night and under cloudy or other darkened conditions, in accordance with the following standards: a. Such electronic signs shall have installed automated light sensing devices photocell technology) and shall, at all times, allow such monitors to automatically adjust the brightness level based on ambient light conditions; and b. Maximum brightness levels for such electronic signs shall not exceed five hundred (500) nits, when measured from the sign face at its maximum brightness, during night and under cloudy or other darkened conditions; 5. The maximum resolution of such signs shall be forty-six-millimeter (46 mm) (1.8 inch) pixel pitch. 6. Any electronic sign which malfunctions, fails, or ceases to operate in its usual or normal programmed manner causing therein motion, movement, flashing, or any other similar effects, shall be repaired or disconnected within forty-eight (48) hours by the owner or operator of such sign. 8-8A-14: VIOLATIONS, ENFORCEMENT, PENALTIES: A. Signs Forfeited: Any sign installed or placed on or over public property or right of way after adoption of this chapter, except in conformance with these requirements, shall be forfeited to the public and subject to confiscation. In addition to other remedies hereunder, the city shall have the right to recover from the owner or person placing such a sign the full cost of removal and disposal of the sign. B. Violations: 1. Any of the following shall be a violation of this chapter and shall be subject to the enforcement remedies and penalties provided by this chapter and by Idaho state code: a. To install, create, erect, or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the lot on which the sign is located. b. To install, create, erect or maintain any sign requiring a permit without such a permit. c. To fail to remove any sign that is installed, created, erected, or maintained in violation of this chapter, or for which the sign permit has lapsed. 2. Each day of a continued violation shall be considered a separate violation when applying the penalty portions of this chapter. C. Enforcement: ---PAGE BREAK--- 190 1. The city shall have the authority to issue citations for violations of this chapter but shall not have powers of peace officers to make arrests or carry deadly weapons. A person receiving a citation shall appear within a designated time pursuant to the citation. 2. Any violation or attempted violation of this chapter or of any condition or requirement adopted pursuant hereto may be restrained, corrected, or abated, as the case may be, by injunction or other appropriate proceedings pursuant to state law. The remedies of the city shall include, but are not limited to, the following: a. Issuing a stop work order for any and all work on any signs on the same lot; b. Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of the nonconformity; and c. In the case of a sign that poses an immediate danger to the public health or safety; take such measures as are available to the city under the applicable building codes or other ordinances. d. All the remedies provided herein shall be cumulative. To the extent that state law may limit the availability of a particular remedy set forth herein for a certain violation or a part hereof, the remedy shall remain available for other violations or other parts of the same violation. ---PAGE BREAK--- 191 ARTICLE B. DESIGN REVIEW AND DEVELOPMENT STANDARDS THIS SECTION RESERVED FOR FUTURE REVIEW AND ADOPTION ---PAGE BREAK--- 192 ARTICLE C. BICYCLE PARKING REQUIREMENTS FOR NEW DEVELOPMENTS AND MAJOR RENOVATIONS 8-8C-1: PURPOSE: 8-8C-2: APPLICABILITY: § 1. PURPOSE: The purpose of this section is to provide sufficient safe and convenient bicycle parking in New Developments and Major Renovations to encourage bicycling as a form of transportation, reducing traffic congestion, air pollution, wear and tear on roads, and use of fossil fuels, while fostering healthy physical activity. § 2. DEFINITIONS: Unless the context clearly requires otherwise, the following terms shall have the following meanings: “Bicycle Parking Space”: A physical space that is a minimum of [2.5] feet in width by feet in length with a vertical clearance of at least feet that allows for the parking of one bicycle, and if located outside, is hard surfaced and well drained. “Bike Locker”: A lockable enclosure consistent with industry standards that can hold one bicycle, (ii) is made of durable material, (iii) is designed to fully protect the bicycle against [insert specific local weather concerns, e.g.: rain, snow, ice, high winds], (iv) provides secure protection from theft, opens sufficiently to allow bicyclists easy access, and (vi) is of a character and color that adds aesthetically to the immediate environment. “Bike Rack”: A device consistent with industry standards that is capable of supporting a bicycle in a stable position, (ii) is made of durable materials, (iii) is no less than [36] inches tall (from base to top of rack) and no less than [1.5] feet in length, (iv) permits the securing of the bicycle frame and one wheel with a U-shaped lock, and is of a character and color that adds aesthetically to the immediate environment. “In-Street Bicycle Parking”: A portion of a vehicle parking lane or other area on a roadway that is set aside for the parking of bicycles. “Long-Term Bicycle Parking”: Bicycle parking that is primarily intended for bicyclists who need bicycle parking for more than 3 hours and is fully protected from the weather. “Long-Term Bicycle Parking Space”: A Bicycle Parking Space that provides Long- Term Bicycle Parking. ---PAGE BREAK--- 193 “Major Renovation”: Any physical improvement of an existing building or structure, excluding single-family dwellings and multi-family dwellings with 4 or fewer units, that requires a building permit and has an estimated construction cost equal to or exceeding [$250,000], excluding cost of compliance with accessibility requirements for individuals with disabilities under governing federal, state, or local law, and seismic or other structural safety retrofit. “New Development”: Any construction of a new building or facility that requires a building permit, excluding single-family dwellings and multi-family dwellings with 4 or less units. “Short-Term Bicycle Parking”: Bicycle parking primarily intended for bicyclists who need bicycle parking for 3 hours or less. “Short-Term Bicycle Parking Space”: A Bicycle Parking Space that provides Short- Term Bicycle Parking. § 3. BICYCLE PARKING SPACES REQUIRED: Short-Term and Long-Term Bicycle Parking Spaces shall be required for all New Development and Major Renovations. Required Number of Bicycle Parking Spaces: All New Development and Major Renovations shall provide at least the number of Short-Term and Long-Term Bicycle Parking Spaces identified in the table in this subsection [Section II, § however, the number shall not fall below a minimum of Short-Term and Long-Term Bicycle Parking Spaces, regardless of other provisions herein, except that multi-family dwellings that have private garages (or equivalent separate storage space for each unit) are not required to provide any Long- Term Bicycle Parking Spaces. Where the calculation of total required spaces results in a fractional number, the next highest whole number shall be used. Up to half of the required Short- Term Bicycle Parking Spaces may be replaced with Long-Term Bicycle Parking Spaces. General Use Category Specific Use Number of Short-Term Bicycle Parking Spaces Required Number of Long-Term Bicycle Parking Spaces Required Residential Multi-Family Dwelling with more than 4 units: without private garage or equivalent separate storage space for each unit with private garage or equivalent separate storage space for each unit [.05] per bedroom or per [20] units [.05] per bedroom or per [20] units per bedroom or [1-4] per units None ---PAGE BREAK--- 194 General Use Category Specific Use Number of Short-Term Bicycle Parking Spaces Required Number of Long-Term Bicycle Parking Spaces Required Commercial Office Building General Retail Grocery Restaurant Indoor Parking Garage Outdoor Parking Lot per each [20,000] sq.ft. of floor area. per each [5,000] sq.ft. of floor area. per each [2,000] sq.ft. of floor area. per each [2,000] sq.ft. of floor area. spaces. per [20] motor vehicle spaces [1-1.5] per [10,000] sq.ft. of floor area. per [10,000-12,000] sq.ft. of floor area per [10,000-12,000] sq.ft. of floor area. per [10,000-12,000] sq.ft. of floor area. per [20] motor vehicle spaces . spaces. Civic Non-assembly cultural library, government buildings) Assembly church, theater, stadiums, parks) Schools (K-12) Colleges and Universities per each [8,000 - 10,000] sq. ft. of floor area. Spaces for [2-5] per cent of maximum expected daily attendance. per each [20] students of planned capacity. per each [10] students of planned capacity. [1 -1.5] per each [10-20] employees 1.5] per each [20] employees. per each [10-20] employees and per each [20] students of planned capacity for grades 6-12. per each [10-20] employees and per each [10] students of planned capacity or per each [20,000] sq. feet of floor area, whichever is greater. Industrial Manufacturing and Production, Agriculture spaces (Can be increased at discretion of Planning/Zoning Administrator) per 20 employees. ---PAGE BREAK--- 195 If the New Development or Major Renovation is for a use not listed in the above table, the number of Bicycle Parking Spaces required shall be calculated on the basis of a similar use, as determined by the [Planning Director/Zoning Administrator]. If the Major Renovation has an estimated construction cost of between [$250,000] and [$1,000,000], excluding the cost of compliance with accessibility requirements for individuals with disabilities under governing federal, state, or local law, and seismic or other structural safety retrofit, the number of Bicycle Parking Spaces required by subsections [Section II, § shall be reduced by 50 percent; however, the minimum requirement of short-term and long-term bicycle parking spaces shall still apply. § 4. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY: Prior to issuance of a building permit for New Development or a Major Renovation, the submitted plans must include specific provisions for bicycle parking that are consistent with the requirements of this Ordinance. No certificate of occupancy for said building permit shall issue at the conclusion of the project until Star finds that the applicable provisions of this Ordinance have been complied with. § 5. EXISTING BICYCLE PARKING AFFECTED BY CONSTRUCTION: In the event that the Star has authorized a permit holder to remove existing bicycle parking in the public right- of-way due to construction, the permit holder shall replace such bicycle parking no later than the date of completion of the construction. At least days prior to removal of such bicycle parking, the permit holder shall post, in the immediate vicinity of the bicycle parking area, a weather-proof notice, with a minimum type size of inch, specifying the date of removal. In the event that any bicycles remain parked on the date of the removal, such bicycles shall be stored for a reasonable period, not less than [45] days, and a conspicuous, weather-proof notice shall be placed as close as feasible to the site of the removed bicycle parking containing information as to how to retrieve a removed bicycle. If bicycle parking is likely to be removed, pursuant to this section, for more than [120] days, it shall, to the extent possible, be temporarily re-sited, in coordination with [insert appropriate department, such as Department of Public Works], to a location as close to the original site as feasible, pending completion of the construction. If the temporary site is not clearly visible from the original site, the permit holder shall post a conspicuous, weather-proof notice in the immediate vicinity of the original site informing bicyclists of the location of the temporary site. § 6. BICYCLE PARKING STANDARDS - GENERAL: All Bicycle Parking Spaces shall be: ---PAGE BREAK--- 196 well-lit if accessible to the public or bicyclists after dark; located to ensure significant visibility by the public and building users, except in the case of Long-Term Bicycle Parking that is located in secured areas; accessible without climbing more than one step or going up or down a slope in excess of [12] percent, and via a route on the property that is designed to minimize conflicts with motor vehicles and pedestrians. All In-Street Bicycle Parking and Bicycle Parking Spaces located in a parking facility shall be: clearly marked; and separated from motor vehicles by some form of physical barrier (such as bollards, concrete or rubber curbing or pads, reflective wands, a wall, or a combination thereof) designed to adequately protect the safety of bicyclists and bicycles. All Bike Racks shall be located at least [36] inches in all directions from any obstruction, including but not limited to other Bike Racks, walls, doors, posts, columns, or exterior or interior landscaping. Unless Bicycle Parking Spaces are clearly visible from an entrance, a sign indicating their location shall be prominently displayed outside the main entrance to the building or facility, and additional signs shall be provided as necessary to ensure easy way finding. A “Bicycle Parking” sign shall also be displayed on or adjacent to any indoor room or area designated for bicycle parking. All outdoor signs required by this subsection [Section II, § 6(D)] shall be no smaller than [12] x [18] inches and utilize a type size of at least inches. All indoor signs required by this subsection [Section II, § 6(D)] shall be no smaller than x [10] inches and utilize a type size of at least [5/8] inch. § 7. ADDITIONAL REQUIREMENTS APPLICABLE TO SHORT-TERM BICYCLE PARKING ONLY: All Short-Term Bicycle Parking Spaces shall contain Bike Racks and shall meet the following requirements, in addition to the requirements in [Section II, § 3] above: Location: Short-Term Bicycle Parking must be located either within [50] feet of the main public entrance of the building or facility, or no further than the nearest motor vehicle parking space to the main public entrance (excluding parking for individuals with disabilities), whichever is closer. If the New Development or Major Renovation contains multiple buildings or facilities, the required Short-Term Bicycle Parking shall be distributed to maximize convenience and use. ---PAGE BREAK--- 197 Short-Term Bicycle Parking Spaces may be located either on-site or in the public right-of-way sidewalk or In-Street Bicycle Parking), provided that an encroachment permit is obtained for the installation and the installation meets all other requirements of [indicate the law governing encroachments on public rights-of-way]. If Bike Racks are located on public sidewalks, they must provide at least feet of pedestrian clearance, and up to feet where available, and be at least feet from the curb. Bike Rack Requirements: Bike Racks used for Short-Term Bicycle Parking must be securely attached to concrete footings, a concrete sidewalk, or another comparably secure concrete surface, and made to withstand severe weather and permanent exposure to the elements. Bike racks will be generally designed in the shape of a star as in in the following figure: Bike racks manufactured per the previous figure are to be painted either blue or white to match the city colors and if possible, should be mounted in pairs; 1 white and 1 blue. ---PAGE BREAK--- 198 § 8. ADDITIONAL REQUIREMENTS APPLICABLE TO LONG-TERM BICYCLE PARKING ONLY: Long-Term Bicycle Parking shall be provided in either Bike Lockers or indoor rooms or areas specifically designated for bicycle parking (including designated areas of an indoor parking facility), and shall satisfy the following requirements, in addition to those set forth in [Section II, § 3] above: Location: Long-Term Bicycle Parking may be located either on- or off-site. If located off-site, it shall be no more than [300 feet] from the main public entrance. Requirements for Indoor Long-Term Bicycle Parking: Long-Term Bicycle Parking located in designated indoor rooms or areas shall contain Bike Racks or comparable devices. Such rooms shall be designed to maximize visibility of all portions of the room or designated area from the entrance. Supplemental security measures (such as limiting access to a designated indoor bike parking room to persons with a key, smart card, or code) are optional. § 9. MOTOR VEHICLE PARKING SPACE CREDITS: For every Bicycle Parking Spaces provided, the number of required off-street motor vehicle parking spaces (excluding parking spaces for individuals with disabilities) on a site shall be reduced by space. To encourage the installation of showers at non-residential sites, the number of required off-street motor vehicle parking spaces for such sites shall be reduced as follows: A credit of space shall be provided for the first shower installed, with additional off-street motor vehicle parking credits available at a rate of space for each additional shower provided per [25] required Bicycle Parking Spaces. In order to claim these credits, which shall be in addition to the bicycle parking credits provided for in [Section II, § shower facilities must be readily available for use by all employees of the New Development or Major Renovation. § 10. (optional) MODIFICATION OF REQUIREMENTS: In the event that satisfying all of the requirements of [Section II] would be infeasible due to the unique nature of the site, or cause an unintended consequence that undermines the purpose of this Ordinance, a property owner (or designee) may submit a written request to the [Planning Director/Zoning Administrator/other Local Administrator or designee] for a modification of the requirements of [Section II]. The request shall state the specific reason(s) for the request, provide supporting documentation, and propose an alternative action that will allow the purposes of this Ordinance to be fulfilled as much as possible. ---PAGE BREAK--- 199 SECTION III. [ARTICLE/CHAPTER] OF THE CITY OF STAR ORDINANCES IS HEREBY ADDED TO READ “BICYCLE PARKING REQUIREMENTS FOR PARKING FACILITIES.” § 1. PURPOSE: The purpose of [Section III] is to provide sufficient safe and convenient bicycle parking in parking facilities so as to encourage bicycling as a form of transportation, which in turn reduces traffic congestion, air pollution, wear and tear on roads, and use of fossil fuels, while fostering healthy physical activity. § 2. DEFINITIONS: The definitions set forth in [Section II, § 2] shall apply to [Section III], unless the context clearly requires otherwise. § 3. LICENSING CONDITIONS: As a condition of issuance or renewal of a license required by the City of Star for a parking facility, parking facilities which are: indoor parking garages (i.e. 50% or more of the motor vehicle parking spaces are provided indoors or under a roof) shall provide Long Term Bicycle Parking Space per [20] vehicle parking spaces provided (minimum 2) and Short Term Bicycle Parking Spaces; outdoor parking lots (i.e. 51% or more of the motor vehicle parking spaces are provided outdoors with no roof) shall provide Short Term Bicycle Parking Space per [20] vehicle parking spaces provided (minimum 2),and Long Term Bicycle Parking Spaces. § 4. LOCATION: All Bicycle Parking Spaces required by [Section III] shall be located in an area, preferably on the ground floor, that can be conveniently and safely accessed by bicycle and by foot in a way that minimizes conflicts with motor vehicles, (ii) is not isolated, and (iii) maximizes visibility by parking facility patrons and attendants. If the licensed parking facility has multiple entrances, the required Bicycle Parking Spaces may be spread out among the multiple entrances. Bicycle Parking Spaces shall be accessible without climbing more than one step or going up or down a slope in excess of [12] percent. § 5. BIKE RACKS: All Bicycle Parking Spaces required by [Section III] shall contain Bike Racks and shall be well lit if accessible to the public or bicyclists after dark or if in an interior or darkened location. All Bike Racks shall also provide a clearance of at least [36] inches in all directions from any obstruction (including but not limited to other bike racks, walls, doors, posts, columns or landscaping), and shall be separated from vehicles by some form of physical barrier (such as bollards, concrete or rubber curbing or pads, reflective wands, a wall, or a combination thereof) designed to adequately protect the safety of bicyclists and bicycles. All Bike Racks located outdoors shall also be securely attached to concrete footings and made to withstand ---PAGE BREAK--- 200 severe weather and permanent exposure to the elements. § 6. SIGNAGE: Parking facilities shall also install prominent signs, no smaller than [12] x [18] inches and utilizing a type size of at least inches, in or near each entrance that advertise the availability of bicycle parking, and the location, if it is not visible from the entrance. § 7. CONTRACTUAL LIMITS ON LIABILITY: [Section III] shall not interfere with the rights of a parking facility owner (or designee) to enter into agreements with facility users or take other lawful measures to limit the parking facility’s liability to users, including bicycle users, with respect to parking in the parking facility, provided that such agreements or measures are otherwise in accordance with the requirements of [this Ordinance] and the law. SECTION IV. [ARTICLE/CHAPTER] OF THE CITY OF STAR ORDINANCES IS HEREBY ADDED TO READ “BICYCLE PARKING REQUIREMENTS FOR SPECIAL EVENTS INVOLVING STREET CLOSURES.” § 1. PURPOSE: The purpose of [Section IV] is to provide sufficient safe and convenient bicycle parking at special events involving street closures to encourage bicycling as a form of transportation, which in turn reduces traffic congestion, air pollution, wear and tear on roads, and use of fossil fuels, while fostering healthy physical activity. § 2. CONDITIONS ON STREET CLOSURE PERMITS: As a condition of a permit for the closure of a street for a special event in which the daily number of participants is projected to be [1,000] or more, monitored bicycle parking shall be provided by the event sponsor (or a designee) for at least % of expected daily participants beginning [½ hour] before and ending [½ hour] after the time of the event each day of the event. § 3. REQUIREMENTS FOR MONITORED PARKING: Monitored bicycle parking shall include the presence, at all times, of one attendant, or more as needed, to receive bicycles, dispense claim checks, return bicycles, and provide security for all bicycles. § 4. LOCATION: All monitored bicycle parking shall be located within [500] feet of at least one regular entrance or access point to the event. § 5. PUBLICITY AND SIGNAGE: All publicity, including signs, for the event shall state the availability of monitored bicycle parking, its location, and cost, if any. All event maps shall include the location of monitored bicycle parking. If monitored bicycle parking is not within eyeshot of each entrance, signs shall be provided to ensure easy way finding. ---PAGE BREAK--- 201 § 6. INSURANCE COVERAGE AND FEES: The event sponsor or designee must provide insurance coverage for the monitored bicycle parking in case of damaged or stolen bicycles and may charge users a fee to cover the cost of providing the monitored parking. SECTION V. [ARTICLE/CHAPTER] OF THE CITY OF STAR ORDINANCES IS HEREBY ADDED TO READ “REMOVAL OF ABANDONED BICYCLES.” § 1. PURPOSE: The purpose of [Section V] is to ensure the reasonably prompt removal of bicycles abandoned in Bicycle Parking Spaces so as to encourage bicycling as a form of transportation, which in turn reduces traffic congestion, air pollution, wear and tear on roads, and use of fossil fuels, while fostering healthy physical activity. § 2. DEFINITIONS: The definitions set forth in [Section II, § 2] of this Ordinance shall apply to [Section unless the context clearly requires otherwise. § 3. REMOVAL REQUIREMENTS: On [a quarterly basis], owners of property (or a designee) subject to [Sections II or III of this Ordinance] shall remove, from all Bicycle Parking Spaces associated with their property, including those located on the public right-of-way, bicycles that have been abandoned. A bicycle shall be deemed to be abandoned if it has not been removed after having been tagged with a notice of removal for weeks for Short-Term Bicycle Parking Spaces or weeks for Long-Term Bicycle Parking Spaces. However, a bicycle shall not be deemed to be abandoned if the bicyclist and property owner (or designee) have a written agreement regarding provision of long-term storage covering the time period in question. Abandoned bicycles shall be disposed of in a manner consistent with the Idaho Civil Code. SECTION VI. [ARTICLE/CHAPTER] OF THE CITY OF STAR ORDINANCES IS HEREBY ADDED TO READ “IMPLEMENTATION OF ORDINANCE.” § 1. Regulations and Procedures: The [Planning Director/Zoning Administrator and/or other relevant local administrator(s)] [is/are] authorized to promulgate new and amend existing rules, regulations, procedures or forms as necessary or appropriate to implement the provisions of [this Ordinance]. § 2. Training: Star shall periodically make trainings or training materials available to planners and other employees involved in the implementation and enforcement of [this Ordinance]. § 3. Reporting: The [Planning Director/Zoning Administrator] shall provide an annual report to the City of Star regarding the implementation of this Ordinance that shall, at a minimum, include ---PAGE BREAK--- 202 the following information relevant to the preceding year: the number of Short and Long-Term Bicycle Parking Spaces created pursuant to [Sections II and III], and the number of events for which special event bicycle parking was provided under [Section IV] ; (if applicable) a brief summary of each request for modification received and action taken in response thereto; and any other information learned that would improve future implementation of [this Ordinance] and its goals. SECTION VII. STATUTORY CONSTRUCTION: All ordinances or parts thereof that conflict or are inconsistent with this Ordinance are repealed to the extent necessary to give this Ordinance full force and effect. If any section or portion of this Ordinance is judicially invalidated for any reason, that portion shall be deemed a separate and independent provision, and such ruling shall not affect the validity of the remaining portions of this Ordinance. SECTION VIII. EFFECTIVE DATE: This Ordinance shall be effective [upon passage (insert other date if desired)] (“Effective Date”), except that: [Section II, § 3] (“Bicycle Parking Spaces Required”), and [Section II, § 4] (“Building Permits and Certificates of Occupancy”) shall only apply to New Development and Major Renovations for which a building permit is issued on or after [120] days from the Effective Date. [Section III] (“Bicycle Parking Requirements for Parking Facilities”) shall apply to Parking Facilities that were licensed prior to the Effective Date, and have less than [180] days remaining on their license, as follows: [1/2] of the required number of Bicycle Parking Spaces shall be provided no later than [120] days from the expiration of the parking facility’s license, with full implementation required no later than [180] days from the expiration of the parking facility’s license. [Section IV] (“Bicycle Parking Requirements for Special Events Involving Street - Closures”) shall not apply to events for which the temporary street closure was authorized pursuant to an application submitted prior to the Effective Date. ---PAGE BREAK--- 203 ARTICLE D. LANDSCAPE AND BUFFER AREA STANDARDS 8-8D-1: PURPOSE: 8-8D-2: APPLICABILITY: 8-8C-1: PURPOSE: A. The regulations of this article are intended to promote landscaping in the city of Star that will improve the community livability, preserve the quality of life, and enhance the aesthetic quality, economic viability, and environmental health of the city. B. The city of Star recognizes that landscaping can be a significant expense to business people and residents. At the same time, landscaping improves the livability of residential neighborhoods, enhances the appearance and customer attraction of commercial areas, increases property values, improves the compatibility of adjacent uses, screens undesirable views, and can reduce air and noise pollution. C. The intent of these regulations is to achieve a balance between the right of individuals to develop and maintain their property in a manner they prefer and the rights of residents to live, work, shop, and recreate in pleasant, healthy, and attractive surroundings. D. These regulations are intended to promote the use of native and other low water use plant materials and to discourage landscaping that requires high water use for maintenance, such as large expanses of lawn. 8-8C-2: APPLICABILITY: A. A landscape plan shall be required for all development applications requiring an architectural review, including, but not limited to, new residential subdivisions, all non-residential development, redevelopment, additions, and/or site modifications as required by the administrator. The landscape plan shall be drawn to scale (no smaller than 1-inch equals 30 feet) and shall indicate the following:1. Boundaries, property lines, and dimensions. 2. Existing trees and vegetation identified by species and size. 3. The location and design of areas to be landscaped. 4. The location and labels for all proposed plants. 5. Plant lists or schedules with the botanical and common name, quantity, and spacing and size of all proposed landscape material at the time of planting. 6. Location and description of other landscape improvements, such as earth berms, walls, fences, screens, sculptures, fountains, street furniture, lights, and courts or paved areas. 7. Planting and installation details as necessary to ensure conformance with all required standards. N. B. Plan Preparation: Preparing a landscape plan requires special skills. Landscaping involves more than a simple arrangement of plants with irrigation; plants are not haphazardly placed in a ---PAGE BREAK--- 204 way that fills up leftover space. Landscape plans should reflect a theme so that site elements are artfully and technically organized in a way that conveys meaning, coherence, and spatial organization. Landscaping should enhance the physical environment as well as the project's aesthetic character. Therefore, landscape plans to be submitted for approval shall be prepared by or under the responsible control of a licensed landscape architect with said plans to be duly stamped to clearly identify the preparer. B. C. Landscape As Percent Of Site: 1. Landscaping/o Open space shall be designated as a total of 15% for residential developments in all zones with densities greater than R-1. A minimum of 10% of the 15% shall be for useable open space. Planter strips on internal streets where detached sidewalks are provided may be counted towards the open space. Planter strips must meet all further requirements of the City and ACHD. Uniquely designed subdivision entrances may be considered as a required open space amenity. 2. Hardscape areas, such as plazas, decorative concrete/paver patios that are integrated into the design of the useable landscaped area, may be included in the landscape coverage requirement. 3. All landscape improvements required in this section shall count toward fulfillment of the above minimum percentages. 4. If only a portion of a property is being developed, and if the city does not require improvements on the entire property, improvements to landscape shall continue a minimum of ten feet (10') (on site) beyond the proposed development. C. D. Prohibited Materials And Landscaping: 1. No required landscape areas shall include artificial trees, plants, or any carpeting designed as a vegetative substitute, unless otherwise approved by the Administrator and Council. 2. Clear vision triangle shall be complied with in regard to all vegetation. 3. When the city determines that a sight obstruction exists, it shall notify the owner of the property upon which the obstruction is located and order that the obstruction be removed within fifteen (15) days. The failure of the owner to remove the obstruction shall be punishable as provided for in this title. D. E. Installation And Minimum Standards: 1. Applicants are required to use the “Tree Guide” as provided by Boise City and the 2018 Treasure Valley Tree Selection Guide (or most recent version); 2. sidewalks along arterial roadways shall be detached and be at least 60 inches in width, unless otherwise approved by council. 3. Accepted nursery standards (American Standard for Nursery Stock – ASNS) and practices shall be followed in the planting and maintenance of landscaped areas. 2. 4 Soil and slope stabilization must result after landscape installation. Any disturbed areas within project must have landscaping. 3. 5. Root barriers shall be installed for all new trees planted adjacent to existing or proposed public or private sidewalks and paving (under 8 feet in width for parkways, or as determined by the Transportation Authority). 4. 6. The minimum acceptable size for deciduous trees shall be two-inch caliper, balled and bur lapped, per ASNS standard detail. 5. 7. The minimum acceptable size for evergreen trees shall be six feet, to seven feet ---PAGE BREAK--- 205 balled and bur lapped, per ASNS standard detail. 6. 8. Plant material Planting selection shall be taken from subsection of this section. adhere to USDA and/or climate zone requirements. 9. It is the responsibility of the developer to insure proper installation of all trees, including the removal of twine and wire, and the rollback of bur lap, prior to Certificate of Completion. 7. All landscaped areas adjacent to vehicular areas are to be protected with an approved curbing material. 8. 10. a. Certification Of Completion: Upon the completion of the landscape installation, or other improvements subject to architectural review approval, a written certification of completion shall be prepared by the licensed landscape architect responsible for the landscape plan. The certification of completion shall state that the installation of all landscape improvements, and site amenities, if applicable, is in substantial compliance with the city approved landscape plan. This certification shall be submitted prior to the issuance of a certificate of occupancy, signature of a final plat, or release of bond, and is required as a part of, and not in lieu of, the inspections performed, and certificates issued by the city. b. Report Of Deficiencies: In the event that deficiencies are present after the landscape installation, or other improvements subject to design review approval, the licensed landscape architect shall prepare and file with the city a report noting the deficiencies in the improvements. The city will not accept a certification of completion, or issue a certificate of occupancy, until the licensed landscape architect has verified that the deficiencies have been corrected. c. Landscape Architect Designee: The licensed landscape architect may, at his or her discretion, appoint an authorized designee to certify the project provided that the designee is a licensed landscape architect. E. F. Tree Species Mix: 1. When more than ten (10) trees are to be planted to meet the requirements of these guidelines, a mix of species shall be provided. The number of species to be planted shall vary according to the overall number of trees required to be planted. Species shall be planted in proportion to the required mix. See the table below: Required Number Of Trees Minimum Number Of Species 11 - 20 2 21 - 30 3 31 - 40 4 41 plus 5 F. G. Maintenance: 1. All required landscaping shall be permanently maintained in a healthy growing condition by the property owner or the property owner's representative. This includes the maintenance of street trees and/or other landscape materials within or abutting the public right of way adjacent to the subject property. The property owner shall remove, and if required to meet the standards of these requirements, shall replace any unhealthy or dead plant material immediately or as the ---PAGE BREAK--- 206 planting season permits. In all cases, maintenance and planting within public rights of way shall be with approval from the public and/or private entities owning the property. G. H. Completion Time: 1. The administrator may authorize a delay in the completion of planting during due to inclement weather conditions or other extenuating circumstances, if a surety for one hundred fifty percent (150%) of the cost of installation incomplete improvements is provided to the city. H. I. Irrigation Required: An underground automatic irrigation system is required for all development requiring landscaping. 1. All required landscaped areas must be provided with an automatic underground irrigation system. 2. The system shall be equipped with a reduced pressure backflow prevention device. 3. The system shall be designed and constructed to provide one hundred percent (100%) spray coverage. 4. Wherever feasible, sprinkler heads irrigating lawn or other high-water demand landscape areas shall be circuited so that they are on a separate zone or zones from those irrigating trees, shrubbery or other reduced water demand areas. 5. Sprinkler heads shall be placed as required to reduce direct overthrow onto non-pervious areas (walks, drives, etc.). Drip irrigation is recommended for shrubs and trees. 6. The use of low trajectory spray nozzles is encouraged in order to reduce the effect of wind velocity on the spray system. 7. Use of non-potable water for use in the irrigation of lawn and plant material is required when determined to be available. 8. All non-potable water access points shall be clearly and permanently labeled with markers indicating that the water is not safe for human consumption. 9. Maintain all irrigation systems to ensure proper operation and water conservation. 10. Irrigation drainage run-off from one lot or property shall not encroach onto another lot. I. J. Buffer Areas/Common Lots: 1. Definition: A transition zone Development or buffer area consists of horizontal space (land) and vertical elements (plants, berms, fences, or walls). The purpose of such buffer space is to physically separate and visually screen adjacent land uses which are not fully compatible due to differing facilities, activities, or different intensities of use, such as townhouses and a convenience store, or a high-volume roadway and residential dwellings. 2. Minimum Requirements: a. When a commercial or industrial use abuts a residential use, a ten foot (10') wide by six foot high landscaped buffer is required except in the CBD. b. When a parking lot abuts a residential activity, a five foot wide by six foot high landscaped buffer is required except in the CBD. c. To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any commercial or industrial activity, and off street loading when adjacent to or in view from a residential activity or public street right of way, a three foot wide by six foot high landscaped buffer is required. 3. Materials: a. All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous ---PAGE BREAK--- 207 trees, shrubs, and ground cover. b. Height requirements shall be accomplished with plant material, with a fence or decorative wall, or a combination thereof. c. The required buffer area shall result in an effective barrier within three years and be maintained such that sixty percent (60%) or more of the vertical surface is closed and prevents the passage of vision through it. 4. Major Roadways: New residential developments, including, but not limited to, subdivisions and multi-family developments, shall be buffered from streets classified as collectors, arterials, freeways, or expressways, to protect residential communities from noisy, potentially dangerous, high speed roads. The "buffer area" shall be defined as a common lot located between the residential lots within the subdivision and the right of way line of the adjacent roadway. This buffer is required as part of the common area open space owned and maintained by a homeowners' association. All developments are encouraged to work with the appropriate transportation agency to landscape unused right of way. Any landscaping proposed to be within the public right of way shall not be calculated in the overall open space requirements and shall not be included as a part of the buffer area required below. The height for berming/fencing, as noted below, shall be measured from the elevation of the final grade of the adjacent roadway (measured at the centerline) to the top of the proposed berming/fencing. The required buffer area width, plantings, and fencing are as follows: a. Any road designated as a collector on the applicable highway district function class map: A minimum of twenty feet (20') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: three two shade trees, three two evergreen trees. Each required shade tree may be substituted with two flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. A minimum five foot high buffer consisting of a berm, wall, fence, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet horizontal distance to one foot vertical distance. fencing shall not be permitted. b. Any road designated as a minor arterial on the applicable highway district function class map: A minimum of thirty (30') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: three shade trees, four three evergreen trees, two flowering/ornamental trees eight shrubs. Each required shade tree may be substituted with two flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. A minimum five foot high buffer consisting of a berm, wall, fence, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet horizontal distance to one foot vertical distance. fencing shall not be permitted. ---PAGE BREAK--- 208 c. Any road designated as a principal arterial on the applicable highway district function class map: A minimum of forty feet (40') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: four shade trees, five three evergreen trees, three two flowering/ornamental trees, and twelve (12) shrubs. Each required shade tree may be substituted with two flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. A minimum seven foot high buffer consisting of a berm, wall, fence, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet horizontal distance to one foot vertical distance. fencing shall not be permitted. 5. Common Area Landscapes: New residential subdivision common area landscapes shall be comprised of the following: a. Lawn, either seed or sod. b. A minimum of one deciduous shade tree per one thousand (1,000) four thousand (4,000) square feet. 6. Design Considerations For Residential Developments: a. For design flexibility, half of the required shade trees may be substituted on a two to one (2:1) basis with ornamental and evergreen trees. b. Buffer areas should include a variety of species, arranged to create varied and attractive views. Open fences, decorative walls, and berms may be used. Height changes, offset angles, different materials, and other design techniques are required so as to create variety. J K. Parking Lot Landscaping: 1. Visual Impact: Landscaping shall be provided to minimize the visual impact of off-street parking: Parking should be located to the side and rear of buildings, when possible, and shall be enhanced with landscaping so that it does not dominate the streetscape. Fences, hedges, berms, and landscaping may be used to limit view of parking areas (chain link fencing shall not be permitted). In the design of large parking areas, arrange bays of parking spaces to be separated by landscaping. When parking lots occur on sloping terrain, step the parking lots to follow the terrain rather than allowing the lot surface to extend above natural grade. 2. Parking Lot Landscape Strip: A landscape strip shall be provided when a parking lot is located adjacent to a public right of way. The landscaped strip shall serve to limit views of parked cars to passing motorists and pedestrians, and to establish coordination among architecturally diverse buildings, which creates a pleasing, harmonious appearance along the roadway. Three options are provided for fulfilling this requirement: a. Provide a ten-foot (10') eight-foot wide landscaped strip between the right of way and the parking lot, and plant with a minimum of one shade tree and eight shrubs per thirty-five (35) linear feet of frontage, excluding driveway openings. ---PAGE BREAK--- 209 b. Provide an earth berm of thirty inches (30") minimum height (do not exceed 3:1 slope) within a ten foot (10') fifteen foot (15’) wide landscaped strip between the right of way and the parking lot, and plant with a minimum of one shade tree and three shrubs per thirty-five (35) linear feet of frontage, excluding driveway openings. c. Provide a two foot three foot high fence of wood, brick, stone, or decorative block or concrete along with a four foot wide landscaped strip between the right of way and the parking lot, and plant a minimum of one shade tree and three shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. The administrator may waive the requirement for a wood, brick, stone, decorative block or concrete fence if the board finds the following: The property is within the CBD; or Any such proposed design alternative is compatible with the overall site design of the entire project and is compatible with the surrounding area. 3. Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking areas and prevent two adjacent lots from becoming one large expanse of paving. This requirement does not hinder the ability to provide vehicular access between lots. a. Provide a minimum five foot wide perimeter landscaped strip between the property lines and the parking lot, and plant with a minimum of one shade tree per thirty-five (35) linear feet of perimeter, unless the adjacent project has required trees planted, as determined by the administrator. 4. Parking Lot Interior Landscaping: a. Calculated Amount: Interior parking lot landscaping shall be required on any parking lot with ten (10) spaces and above. The required amount of landscaping is based on a sliding scale, as follows: Total Number Of Spaces Percent Of Total Area Of A Lot That Must Be An Interior Landscaped Area 10 - 20 3 percent 21 - 50 5 percent 51+ 8 percent b. Additional Requirements: No interior planter shall be less than five feet average dimension. No parking space shall be more than one hundred feet (100') from an interior landscaped area. There shall be a landscaped parking island every ten (10) spaces. Parking islands are to be as evenly spaced as feasible throughout the lot to consistently reduce the visual impact of long rows of parked cars. Deciduous shade trees and ground covers or low shrubs are recommended as primary ---PAGE BREAK--- 210 plantings in interior landscaped areas. Deciduous shade trees are to be clear branched to a height of six feet A terminal island for a single row of parking spaces shall be landscaped with at least one tree and shrubs, ground cover, or grass. A terminal island for a double row of parking spaces shall contain not less than two trees and shrubs, ground cover, or grass. K L. Landscaped Commercial Strips: 1. Except in the CBD, landscaped strips shall be provided between all building development and public rights of way to lend continuity among different architectural styles, screen views, establish a pleasing view for motorists, and create a safe and pleasant corridor for pedestrians. a. The landscaped strip shall be five feet wide minimum and planted with one shade tree and five shrubs for every thirty-five feet (35') of street frontage. Two ornamental or two evergreen trees may be substituted for one shade tree. L M. Parkway Strips, Separated Sidewalks, And Street Trees: 1. Along arterials and collectors designated on the highway district functional class map and for subdivision entry roads for the first 180 feet, sidewalks shall be separated from the curb. An eight-foot wide minimum parkway planter strip planted with shade class (class II) trees shall be required between the sidewalk and curb. 2. A minimum of one street tree shall be planted for every thirty-five (35) linear feet of street frontage. 3. In all cases, any planting within public rights of way shall be with approval from the public and/or private entities owning the property. 4. Local streets are encouraged to have detached sidewalks. M N. Alternative Methods Of Compliance: 1. Project Conditions: It is not the intent of these landscape requirements to inhibit creative solutions to land use problems. Under certain site conditions, a strict interpretation of requirements may be either physically impossible or impractical. Alternative compliance is a procedure that allows certain modifications to existing regulations within this section. Requests for use of alternative landscaping schemes are justified only when one or more of the following conditions apply: a. The sites involve space limitations or unusually shaped parcels; b. Topography, soil, vegetation, or other site conditions are such that full compliance is impossible or impractical; c. Due to a change of use of an existing site, the required buffer yard is larger than can be provided; and d. Safety considerations are involved. e. Requirements from outside agencies or jurisdictions (i.e. Transportation Authority, Irrigation/Drainage Districts, Fire Districts and Utility Companies). 2. Request For Alternative Method Of Compliance: The applicant must provide the city with a written request if an alternative method of compliance is proposed. The request shall state which requirement as set forth within this section is to be modified, what project conditions stated within subsection N1 of this section justify using the proposed alternative, and how the proposed alternative equals or exceeds said requirement. ---PAGE BREAK--- 211 O. Approved Tree List: Applicants are required to use the “Tree Guide” as provided by Boise City. Treasure Valley Tree Selection Guide. ARTICLE E. LIGHTING AND STREETLIGHT STANDARDS THIS SECTION RESERVED FOR LIGHTING/DARK SKY ORDINANCE 8-8E-1: PURPOSE: 8-8E-2: APPLICABILITY: ---PAGE BREAK--- City of Stor, ldqho "Heqrl of the City" Sub Areo Plqn Scope of Work Moy 2020 INTRODI.'CTION The Connprehensive Plon describes the long-term vision for Stor, looking oheod to set direction for the city's growth in the coming dercodes. lt contoins common gools thot guide developnnent witlrin the city, inclucjing in the oreos of lond use, environrnent, tronsportotion, public heolth, economic development ond more. The City of Stor most recently upcloted its Comprehensive Plon in Moy of 2019. One lmplementotion Policy colls for the development ond odoption of o "Heort of the City" Sub Areo Plon {or the oreo plonned to be the future downtown of Stor ond its future supporting periphery'. This oreo includes the CBD (Centrol Business District) shown on the Lond Use Mop ond the creo between the Boise River ond the Chinden Bench sponning from Highwoy 16 to the Con-Ado Rood section line. See Sub Areo Plon outlined in RED. { ' 4',.t DRAFT "Heort of the City" Sub Areo Plon Scope of Work Poge 1 of 6 ---PAGE BREAK--- This oreo is criticol for moster plonning to provide Stor o sense of ploce in its downtown, understonding thot the current smoll centrol business district oreo hos served well for mony yeors, but os development occurs, ond Stote Highwoy 44 is widened on exponsion of the octivity center of the city will be needed. Exponding south incorporotes the beoutiful Boise River with o significont omount of floodwoy oreo which con serve the new Heort of the City wellwith mony ocres of porklond ond public occess to the river, understonding thot existing property owner property rights ore not to be infringed. The CBD oreo of old town hos mony development constroints due to the smoll lots creoted in yeors post ond the lock of o roodwoy grid system needed for commerciol type uses. Compoct development, os outlined by the CBD implementotion polices within this plon, ore criticol for the vibroncy of the future downtown of Stor. Highwoy 44 ond Stor Rood south of Highwoy 44 ore to be plonnecJ in this oreo os key commerciol corridors. Collecior roodwoys ond lond use gools, objectives ond policies need to be odopted for the oreo south of the river to ovoid urbon sprowl, limit development in the flood ploin, ond to provide for compotible lond uses supporting ond enhoncing the vitolity of the historic centrol business district oreo. Until the Sub Areo Plon is odopted by the city, development will be permitted in occordonce with the other sections of this Plon, understonding thot existing property owner property rights ore not to be infringed. The Sub Areo Plon will toke precedence over the lond uses shown within this Comprehensive Plon. Within the "Heort of ihe City" Sub Areo Plon recommended, the Moin Street oreo needs to be studied to provide for speciol core guiding future development, understonding thot the rights consisting of the existing rurol use of residentiol lots ore not to be infringed. Furthermore, Moin Street is to be studied for the provision of troffic colming meosures ond to provide for o connection for horsebock riders to occess on equestrion troilwhich should be plonned olong the Boise River. VISION The City envisions port of this oreo os the future downtown of Stor, incorporoting elements in the Sub Areo Plon to creote o unique oreo in the Treosure Volley reminiscent of the River Wolk in Son Antonio, Texos with on ldoho twist. The closest oreos to the periphery of this core oreo should be uses compotible with o downtown oreo. The inclusion of Mixed-Use buildings with commerciol on the ground level ond housing obove is to be encouroged. Most of the remoinder of the housing in the Sub Areo Plon oreo should be single fomily detoched in o voriety of sizes. The oreos olong US-20126 should be o mix of commerciol ond residentiol, with multifomily residentiol hoving the most direct qccess to the highwoy. The roodwoy system for this oreo should be designed to DRAFT "Heort of the City" Sub Areo Plon licope of Work Poge 2 of 6 ---PAGE BREAK--- toke into occount the to the highwoy sy:;tem ond include o focus on occeptonce by the Ado County Highwoy District (ACHD), Conyon Highwoy District (cl1D4), ond the ldoho Tronsportotion Deportment (lTD). APPROACH The City of Stor wishes lo toke o torgeted opprooch to developing ond implementing the Sub Arecr Plon with the ossumption thot it will be included os on omendrnent to Comprehelnsive Plon. Focus on corlpleting elements of ihe Sub Areo to ensure complionce rnrith stote low. Altl^rough it is expected thot this work will result in some text omendrnents to the Comprehensive Plon, the primory feoture t;hould be o Detoilerd Concept Plon olong with omendments to the Future Lond Use Mop ond the Economic Corridors Access; ond Roodwoy Connection Monogement Plon (ECAMP). The 2019 Comprehensive Plon provides the bosis for populotion ond development estimoters ihot will be used to inforrm ihe Sub Areo Plon. The Sub Areo Plon must olso be l3uided by significont publi<: input. ln oddition, the Sub Areo Plon will be guided by the following principles: . Focus on completing the S;ub Areo Plon in complionce with stote low . Copltolize on existing resources in the region such os The Community Plonning Associotion of Southwest ldoho (COMPASS) ond the Western Allionce for Economic Development rother thon re-developing doio ond informotion . Creote occountobility for included gools ond policies, by estoblishing performonce mectsures to trock the Sub Areo Plon's implementotion . Consider the volue of the Boise River ecosystem in both development ond policy decisions . Consider ond oddress impocts from the floodploin ond floodwoy . Encouroge creotir,'e public focilities ond uses in the floodwoy . Communicote brc,odly; rerf,ch out to groups in oll segments of the city . Provide informoiion througrhout the updote thot is engoging ond reodily understondoble . Consider growth over o 2}-year plonning horizon, projecting out to 2O4O WORK PROGRAM This section outlines the bcrsic toskr; included in the Sub Areo Plon creotion. The deliverooles ond timelines ore bosed on estimotes to complete required elemenis of the Sub Areo Plon ond ore subject to chonge depr>nding on the finolwork plon opproverd by the City. DRAFT "Heort of the City" Sub Areo Plon Scope of Work Poge 3 of 6 ---PAGE BREAK--- The Sub Areo Plon will follow three generol phoses: Phose I lnitiol Oulreoch ond Public Review, Augusl 2020 - Noyem ber 2020 Solicit input from the public, community groups, ond interested porties on elements of the Sub Areo Plon, ond review plonning documents ond development regulotions for complionce consistent with the tosks outlined in this Scope of Work. Develop o Droft Sub Areo Plon. The Droft Sub Areo Plon will be presented to the Public for comment of o duly noticed Open House. Phose 2 City Council Review, December 2020 - Jonuary 2021 The Droft Sub Areo Plon will be reviewed ond edited by the Stor City Council ot one or rnore duly noticed public workshops. (All City Council meetings ore open to the public.) Phose 3 CW Council Reyiew ond Adoption, Februory 2021 Finol Sub Areo Plon will be odopted os on omendment to the Comprehensive Plon by resolution of the Stor City Council, following o duly noticed public heoring. TASKS l. Projecl Monogemenl: This tosk includes oversight ond direction of the entire plonning process, including eoch of the below stoted tosks. This tosk ensures consistent coordinotion ond communicotion throughout the project ond provides for the public interfoce for the updote. This tosk will be on-going through odoption of the Sub Areo Plon. 2. Public Oulreoch The City desires eorly ond continuous public porticipotion in the Sub Areo Plon development. This tosk includes the development of o Public Porticipotion Plon, ond the implementoiion of thot plon. The public input should include of leost one Open House. Deliverobles: o Public Porticipotion Plon, July/Augusl2020 . Public Porticipotion Reports/Updotes, Ongoing 3. Gool ond Policy Review ond Revision DRAFT "Heort of the City" Sub Areo Plon Scope of Work Poge 4 of 6 ---PAGE BREAK--- This tost< includes review of existing gools ond policies to ensure thot those included in the Sub Areo Plon ore bosed on the most current informotion ond ore relevonl ond meoningful. Deliverobles: . lnternol review of Gools crnd Policies for fitness, August 2020 . Revised Gools ond Policies for City review, Eorly September 2020 . Finol Gools ond Folicies for City Council review, Lote September 2020 4. Concept PIon Development This tosk includes developrnent of r: detoiled full color Concept Plon. Deliverobles: . Preliminory Conc,ept Plon for Public review ond comment, November 2020 . Preliminory Concept Plon for City review, December 2020 . Finol Concepi for City Council odoption, February 2021 5. Plon Review ond Revisions This tosk includes review of the 2019 Comprehensive Plon. Deliverobles: . Preliminory text revisions for Public review ond comment, November 2020 . Preliminory text revisions for City revlew, December 2020 . Finol text revisionr; for City Council odoptiorr, Febru ory 2021 6. Code Review qnd Revision This tosk includes review ol relevont development codes. Deliverobles: . Revised codes for Public review, November 2020 . Revised codes for City re'yiew, December 2020 . Finol codes for CIty Council odoption , February 2021 7. Mop lRevisions This tosk includes coordinotion with GIS stoff to updote both the Comprehensive Plon onC Zoning mops to correspond with the Sub Areo Plon. DRAFT "Heort of the City" Sub Areo Plon Scope of Work Poge 5 of 5 ---PAGE BREAK--- Public review, o Revised Future Lond Use odoption, February 2021 8. Copilol Focilities Plon or City Council This tosk updotes Stor's Copitol lnvestment Plon (ClP) ond its components. The CIP updote will hove severol elements, including the inventory of existing public focilities within the Sub Areo Plon boundories, forecost of future rireeds for public focilities within the Sub Areo Plon boundories, proposed copitol improvements with finoncing plon within the Sub Areo Plon boundories, ond recommended gools ond policies within the Sub Areo Plon boundories. Deliverobles: . CIP updotes, December 2020 Deliverobles: . Revised Future Lond November 2020 o Revised Future Lond December 2020 Mop ond ECAMP Mop fo Mop ond ECAMP Mop Mop ond ECAMP Mop f DRAFT "Heort of the City" Sub Areo Plon Sicope of Work Poge 6 of 6 ---PAGE BREAK--- Fil#-iflhEH May 6, 2020 I I Mr. Shawn Nickel i City Planner i 10769 W. State Street i Star, lD 83669 i I Subject: DRAFT COST PROPOSAL FOR TRAFFICi SIGNALS StlUOy SH-44, Star Road to SH-16 I I Dear [ihawn: i I Thank you for the opportunity to submit this cost proposal to conduct a [raffic study of proposed traffic signals on SH-44 in Star, ldaho between Star Road anfl SH-16. Two future traffic signals will be evaluated with this study at the following locltions on SH-44: . A full-access traffic signal between Star Road and Plummer noalO. The City's preferred location is Seneca Springs Way. The proposed traffic lignalwill serve future commercial development at the northwest corner of the infersection in addition to the existing commercial and residential traffic on Senpca Springs way. i o A full-access traffic signal at Moyle Road. The proposed traffic s{ignal will serve future commercial and residential development. I I The desired traffic signals do not meet ITD's minimum traffic signal spabing but the District Engineer has the authority to approve an exception, depending lon the impacts of the proposed traffic signal on the traffic operations on SH-44. I The study witl evalua te a 2025'interim' year and 2045 lorrg-range year. 2045 is the planning year evaluated in the 2019 SH-44 Corridor Study and alf analyses will be consistent with this study unless noted othenruise. I Future conditions: range planning year analyses to be consistent with the 2019 SHi44 Corridor Study. . A traffic signal at Plummer Road has been designed and is e constructed in 2020. Six Mile Engineering, PA 704 E. Llnited Heritage Court, Suite 204 Meridiarr, lD 83642 to be wirrul.sixm ile.com (208)378-0654 ---PAGE BREAK--- Mr. Shawn Nickel May 6, 2020 Page 3l l,id^,iilhEE o Estimate2020 AM and PM peak hour intersection turning Seneca Springs Way. A traffic count was not collected at this i the coronavirus, typical day traffic counts cannot be collected future. We assume that ITD will accept our use historic traffic factors to estimate 2020lraffic. A traffic count at Taurus Way 3,2020, is available from lTD. Existing traffic counts at Moyle assumed to be low due to sparse development and counts will 2019 SH-44 Corridor Study. With the recent redur:tion in traffic mes due to nt counts at section for the the foreseeable nts and growth on March are be needed. telrsection and traffic wr,vw.sixm ile.com (208) 378-0654 . Estimate24-hour side-street traffic volumes at Seneca bprings and Taurus Way. Hourly traffic trends from a 24-hour traffic count at the mer Road and SH-44 intersection collected on June 2016 will be used to distrib hourly side- street traffic for the purposes of the signal warrant analysis. . Evaluate the existing AM and PM peak hour intersection ns at Seneca Springs Way and Taurus Way. . Evaluate the five-year crash history at the Seneca Springs Way the SH-44 segment between Star Road and SH-16. . Develop background AM and PM peak hour forecasted turning for the 2025 build-out year and 2045long-range planning year (which is consistent with the I 2019 SH-44 Corridor Study). For the Moyle Road traffic signal, two different background traffic options are required because traffic demand {nd circulation will be different between Plummer Road and SH-16 with and without the signal. A COMPASS special model run may be needed to model MoylelRoad as a local street connection to sH-44. we assume that because the city lf star is a member agency, that COMPASS will provide the special model fun at no cost. lf not, COMPASS charges an hourly rate to produce special modei runs which we will expense to the City in addition to our not to exceed cost. I l l 1 I Six Mile Engineering, PA 704 E. Llnited Heritage Court, Suite 204 Meridiarr, lD 83642 o Determine the impacts to SH-44 operations of a future trafficrsignal located between Plummer Road and sH-16 for a 2025'inlerim' year ind 2045 long- range planning year. I o Compare the intersection operations between a stop-controllpd approach(es) to the future development versus signalized control at Moyle lRoad. o Evaluate potential conflicts between the traffic signals at Moylle Road, Plummer Road, and SH-16. i o ldentify potential mitigation for the impacts for the proposed tiaffic signal. The following key tasks are included in the scope of worli: ---PAGE BREAK--- Mr. Shawn Nickel May 6, 2020 Page 5 The following assumptions are included in the scope of work: . Allfuture year models will have five lanes on SH-44. Two in-person or teleconference meetings with the City of Star One in-person or teleconference meeting with ITD is included. This study is limited to a traffic signal evaluation and will not requirements of a traffic impact study (TlS) which is meant to Deliverables A draft report will be submitted to the city of star for review and comme submitting to ITD and comments will be addressed. After ITD review, a sealed copy of the report will be submitted to the City of Sitar and lTD. Schedule The following outlines our schedule to complete the work: . Notice to proceed: May 18,2020 . Draft traffic study: July 7,2020 . City Review: July 13,2020 . ITD Review: July 27,2020 o Final Submittal: August 3,2020 Budget Our not to exceed time-and-materials cost to complete thr: work is $35, Thank you for the opportunity to provide our services. Six Mile l:ngineering, PA 704 E. Urited Heritage Court, Suite 204 Meridian, lD 83642 a a a the tify development traffic impacts on the entire transportation system the vicinity. Any additional work requested by the City of Star or ITD upon traffic study report will be billed at our standard labor rates. . This scope does not include support to apply for arr ITD encroac permit. of the draft t prior to igned and ,lY, rrffiy . Kelsey, P.E., PTOE Sincerre Ltr{t Leah C) signed by Trevor A. Chadwick l*nll*hEH www.sixmile.com (208) 378-0654 ---PAGE BREAK--- F'IRST AMENDED AND REFORMED AGREEMENT FOR REAL PROPERTY OWNERSHI [Joint Exercise of Power Agreement] Parties to the Agreement: THIS AMENDED AGREEMENT made on the Effective Date, Parties as herein this Agreement defined. 2/1311e and between the NOW, THEREFORE, in consideration contained herein and the recitals set forth which the Parties agree as follows: of the mutual terms, ts, and conditions are a material parl of this A Agreement, SECTION 1 DEFINITIONS For purposes of this Agreement, the words that appear in bold in Section shall have the meaning herein provided, unless the context of the word clearly requires 1.1 Agreement: Means and refers to the original Agreement For Real Ownershipby 1.2 arrd between the Parties which this Amended Agreement amends Amended Effective Date. For Real Property Ownership by and between the parties 1.3 Amended Effective Date: Means and refers to FirstAmended and Reformed Agreement for Real property Ownership [f oint Exercise of Power Agreement] Amended Agreement: Means and refers to this First Amended and R Agreement reforms as of the Original Counterpart City of Star City Hall 10769 W. S P.O. Box 13 Star, Idaho Star Fire Protection District " Fire District" Street, Suite B Page 1 ---PAGE BREAK--- 1.4 1.5 1.6 1.7 1.8 t I Building Remodel: Means and refers to the remodel of the Building Improvements, lo'cated upon the Real Propefty, to suit the Fire District's intended use of ihe same as a fire station, inclusive of its rnaintenan,le division, administrative offices and other Fire District related uses. city: Means and reflers to the Cit.y of star, Idaho,party to this Agreement. Effective Date: Means and ref<:rs to Decernber 13, 2018 as the effective date of the Agreement. Fjire District: Means and refers to Star Fire Protection District,Parlty to this Agreement. Fiire District Fire Station I Real Property: Means and refers to the following described Real Propefty ownecl by the Fire District known and used as its Fire Station No. f . to wit: Lots l, 2,3,4,5,6 and 7 in Block 1 of INTERURBAN ADDITION, according to the r:fficial plat thereof, filed in Book 4 of plats at page 167, Offrcial Records of Ada County, Idaho. ANI) commencing at the Northeast corner of the Northwest quarter of the Northwest quarter, Section 17, Township 4 North, Range 1 tiest, Boise Meridian, thence; South 0o58' llast 44.05 feet to rhe REAL POINT OF BEGINNING, a point on cuwe of South right of way of Highway No. 44, and at Station 561 I 24.9 on highrvay center line, thence; South 0o58' East 30.95 feet to the Northeast corner of Block l, INTERURBAN ADDITICTN to Star, Idaho, thence; South 89"02'West 148.00 feet along the North line of Block l, thence; Norlh 0o58' West 32.84 fe,et to a point on the South right of way of Highway No. 44 and opposite center line Station 559 r 76.9 thence curve right along a curve v,zhose length is 148.0 feet whose bearing is Nofth 89"46' 10" East, (a,ld whose p>C> on highway center line stationing is 556 I 89.2, whose central angle is 0"52,; tangent : 433.3 feet of curve is 886.70 feet); to point of beginning which is station 561 I 24.9 on center line of Highway No. 44. EXCEPT ditch and road rights-of-way. FirstAmended and Reformed Agreement for Real property ownership [f oint Exercise of Power Agreement] Page 2 ---PAGE BREAK--- 2/13/1.e and the Board of 1.9 1.10 Gioverning Bodies: Means and refers to the City Council of the Ci Commissioners of the Fire District. Purchase Agreement: Means and refers to the agreement by and the Fire District and FIB Properties III, LLC providing for the Fire District I purchase the Real Property. with the Cityl to 1.11 R.eal Property: Means and refers to the following described Real p Lots 1 and2inBlock I ofINGLES SUBDIVISI.ON, according to the official plat thereof, filed in Book 91 of'Plats at Pages 10786 thru 10788, records of Ada County, Idaho. Together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easennents, rights o way, appurtenances; all water, water rights arrd ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relatirrg to the real property, including without limitation all mineral, oil, gas, geothermal and similar matters. l.l2 Party/Parties: Means and refers to the City and/or thr: Fire District context of the term in this Agreement. nding upon the SECTION 2 RECITALS The Parties recite and declare: 2.1 rhe Fire District is a fire protection district organized and existing of Title 31 Idaho Code; and to Chapter 14 2.3 2.4 The City is a municipal corporation established in accordance with Constitution of the State of Idaho and Title 50Idaho Code; and The Fire District's duties and responsibilities are to provide protection fire and provide for the preservation of life, and to fire codes are adopted by the state fire marshal and the Fire District is a hold, use, acquire, manage, occupy, possess, sell, convey and dis fldaho Code gg 31-1401 and 31-1419]; and The City is authorized to acquire, hold, lease, and convey real property, or structures of any kind, needful for the uses or purposes of the City 3011; and Article XII of the f property against md other rules that and empowered to of real property y erect buildings [Idaho Code g 50- FirstAmended and Reformed Agreement fbr Real Property Ownership [f oint Exercise of Power Agreement] Page 3 ---PAGE BREAK--- 2.5 2/L3/te The Fire District's boundaries include all areas within the City limits of the City and areas sunounding the City, and The Fire District provides fire ancl emergency services 'within the city; and Each Party has the authority, pursuant to Idaho Code g 67-2326,to the most efficient use of their powers by enabling them to cooperate to their mutual adrfantage and thereby provide services and facilities and perform functions in a manner that ulill best accord with gr:ographic, economic, population, and other factors influencin! the needs and ise any power, , held by them 2.9 Each Party has the authority, pursuant to Idaho Code $ 67-2328, to with one another for joint or cooperative action which includes, but use, ownership and/or operation agreements; and 2.10 Each Party has the authority and the power to convey or transfer other. [Idaho Code 67-2322 and Idaho Code g 50-1401'l; and into agreements t limited to, joint I property to each 2.ll The City owns and possesses real property which is adjacent to the Fire istrict Fire Station 1 Real Property and which the City uses as its main offices and City l; and 2.12 The Fire District owns, possess, and uses the Fire District Fire Stati 1 Real Property as itrs primary Fire Station; and 2.13 The Fire District Fire Station 1 Real Property is antiquated for current District Use; and anticipated Fire 2.6 2.7 dr:velopment of the respective Parties; and 2.8 Each Parly has the authority, pursuant to Idaho Code g 67-2328,to pr:ivilege or authority authorized by the Idaho constitution, statute or jointly with each other; and 2.14 The Real Property is suitable, subject to the Building Remodel, to District in place of the Fire District Fire Station 1 Real property purposes; and used by the Fire for other public , the Fire District and re Station 1 Real 2.15 At such time as the Building Remodel of the Real Property is comp will then vacate and surplus the Fire District Fire Station 1 Real 2.16 The City may have use for the Fire District Fire Station I Real Property to its proximity to its main offices and City Hall, and this Agreement faoilitates the Fi District's vacation ol:the same; and 2.17 The City seeks to have an exclusive option to purchase Fire Property frorn the Fire District; and First Amended and Reformed Agreement for Real Property Ownr:rship [foint Exercise of Power Agreement] Page 4 ---PAGE BREAK--- 2.18 2.19 2.20 2.21 The Fire District entered into the Purchase Agreement to acquire the '2 / 131 ]e ts to purchase the funds to exercise Real Property individually and/or with the City and did not have suffici itr; Purchase Agreement rights and do the Building Remodel; and The City and the Fire District together had sufficient funds to purchas the Real Property pursuant to the Purchase Agreement and do the Building Remodel; The Fire District was willing to provide the City with an exclusive o on to purchase the Fire District Fire Station I Real Properly in consideration of the Ci Agreement; and entering into the The Parties originally found that it was in their mutual best in to enter into the Agreement to provide for the purchase, ownership arrd Building R 1 of the Real Property, provide to the City an exclusive right to purchase the Fire Di trict Fire Station 1 Real Property, and provide a process for the Parties' e\/entual tra of their ownership the exercise of the of the Real Property and Fire District Fire Station 1 Real Property in Parties' authority and sharing of their financial resources; and 2.22 The Parties found that it was mutually important that their i d joint purchase, be defined by the ownership, of the Real Property, and their exclusive rights to Agreement in accordance with the laws of the state of Idaho to tect each Pafty's investment, and provide for their intended need and use of facilities Party a return on their investment; and affords to each 2.23 Subsequent to the Parties entering into the Agreement and the Effecti Date the Parties closed on the purchase of the Reatr Property; and 2.24 Subsequent to the purchase of the Real Property the Fire District called for and Ada County conducted a successful special bond election in Novernber of 2019 for authority to issue bonds in amounts that would provide the Fire District r,vith sufficient funds to exercise its e>lclusive Option to purchase the City's interest in the R-oal Properly and to do the Building Remodel; and 2.25 The Fire District has exercised its exclusive complete payment option to purchase the City's interest in the Rea.l Property under Section 7 .1.2 the Agreement and Parlies closed and the City has conveyed its interest in the Real Properly to the Fire District; and 2.26 The Fire District is in the process of completing the Building Remodfl and will continue to occupy Fire District Fire Station 1 Real Property as its primury fi[e station until the Building Remodel is completed to its satisfaction; and 2,27 The Parties agree as a condition of the closing and conveyance of the ity's interest in the Real Property that it is necessary to enter into this Amended A in order to delete completion of the the provisions that are no longer necessary because of the Fire District' exercise of its option to purchase the City's interest in ttre Real P and to provide for trict Fire Station 1 the Fire District's continued ownership, occupancy and use of Fire Di First Amended and Reformed Agreement for Real Property Ownr:rship [f oint Exercise of Power Agreement] Page 5 ---PAGE BREAK--- 2.28 FirstAmended and Reformed Agreement for Real Property Ownership [foint Exercise of Power Agreement] 2/1_3/le Real Property and provide to the City additional time to exercise thg City's Exclusive Option Rights to purchase Fire District Fire Station 1 Real Property at fn appraised value. The Parties each have authority to enter into this Agreement with the other Party for the reasons herein this Section stated and by reason of Idaho Code 67-2326 and 67-2328. SECTION 3 JOINT EXERCISE OF POWER AGREEMENT PROVISIONS Duration. This Agreement is perpetual until the Agreement is termlnated as is herein provided in Section 9 of this Agreement. Joint Powers Administration / General Powers. 'Ihe busin.r, {na affairs of this Agreement shall be administered by the governing body of each Party. Purpose. The authority for and the purposes of this joint powers Agrdement are set forth herein in Section 2 of this Agreement and are herein incorporated by tliis reference. 3.5 Termination and Disposition of Property. The termination of Agreement and 3.1 3.2 3.3 3.4 4.1 4.2 4.3 Finance. The manner of finance is the responsibility of each Pa respective performances of this Amended Agreement. disposing of Real Properly upon such terrnination is set forth in Agreement. to finance their Section 7 of this SECTION 4 REAL PROPERTY WHICH IS SUBJECT TO'IHTS AGRE T Fire District Fire Station I Real Property. The Fire District Fire Sta is subject to the terms and conditions of this Amended Agreement. 1 Real Property Real Property no longer subject to this Amended A.greement: City's interest in the Real Property has been purchased by the Fire District and the Real subject to this Amended Agreement. is no longer Agreement Abstract Recordation. This Amended Agreement, whi now only includes the Fire District Fire Station 1 Real Property as the subject of this A onded Agreement, hin which the Fire shall be recorded in the office of the County Recorder of the County w District Fire Station 1 Real Property lies. Page 6 ---PAGE BREAK--- 5.1 2/L3/1e SECTION 5 CITY'S EXCLUSIVE OPTTON City's Exclusive Option. The Fire District shall not offer for sale, or any offer to from any person or entity, Fire District Station 1 Real Propert! pending the City's exclusive option to purchase the Fire District's ownership of the Fire Di$trict Station 1 Real Property, together with all rights and appurtenances pertaining thereto (the "City's Exclusive Option Rights"), which exclusive option will comm.r". o]r, the date the Fire District provides written notice to the City, inclusive of the following: Provide an appraisal of Fire District Station 1 Real Property, by a licensed appraiser that has been completed within sixty (60) days of thr: date of the *rftten notice and has been accepted by the Fire District Board of Commissioners; and Offers Fire District lltation 1 I{eal Properly for sale to the City for the appraised value for cash at closing (the "Purchase Price".) <1 Term of the City's Exclusive Option: provided in this Section, terminates ninety has provided written notice to the City. The City's exclusive optipn to purchase, as (90) days fr:llowing the d{te the Fire District 6.1 SECTION 6 TITLE INSURANCE AND CONVEYANCE OF TITL In the event the City exercises its exclusive option to purchase: 6.1.1 At closing, the City shall pay the Fire District the appraised value as the purchase price, and Fire District shall execute and deliLver to the City a warranty deed conveying good and rnarketable title to the Fire District Station 1 Real Property free and clear of any defects or encumbrances unless otherwise agreed; and 6.1.2 As soon as is available after closing, the Fire lDistrict will provide to the City a policy of title insurance ("Title Policy") pursuant to the Commitment, dated at the closing date and insuring the City in the amounl of the Purchase Price against loss or damage by reason of defect in the Fire Distri<:t's title to the Fire District Station 1 Real Properly subject only to: 6.1.2.1 The printed and general ex.r:eptions appearing in policy form; of, 6.1.2.2 Permitted exceptions. First Amended and Reformed Agreement for Real Property Ownership [foint Exercise of Power Agreement] Page 7 ---PAGE BREAK--- 7.1 7.2 SECTION 7 1TERM / DURATION / TERMINATION / DISPOSTTION OF PROPERTY 2/L3/te Term Commencement. The term of the Agreement commenced on the Effective Date and the Amended Agreement commenced upon the Amended Effective Daie. Termination. The Parties may terminate this Amended Agreement ur follo*.' 7.2.1 When the City has provided written notice to the Fire Distric{ tfrat it releases its right or fails to timely exercise its exclusive option to purch[se as provided in Section 5 of this Amended Agreement; or 7.2.2 By mutual written agreement of the Parties. Notice of Termination of the Amended Agreement Abstract necorfiation. When this Amended Agreement has been terminated, an abstract of the terminaticin of this Amended Agreement, which includes the real property description of the Fire Diltrict Station 1 Real Property subject to this Amended Agreement, and shall be prepared a{d approved by the Governing Bodies and recorded in the office of the County Recorder of Aaa County. 7.3 8.1 SECTION 8 NOTICE AND DELIVERY OF DOCUMENTS The contact information for purposes of notice to and/or the delivery City is as follows: 8.1.1 By mail or hand delivery addressed to: City of Star - City Clerk 10769 W. State litreet P.O. Box 130 Star, Idaho 836(i9 8.1.2 By scanning, attaching and e-mailing to: starid [EMAIL REDACTED] documents to the First Amended and Reformed Agreement for Real Property Ownership [f oint Exercise of Power Agreement] Page B ---PAGE BREAK--- 8.2 2/13/te documents to the 9.1 The contact information for purposes of notice to and/or the delivery FiLre District is as follows: 8.2.1 By mail or hand delivery addressed to: Star Fire Protection Fire District Attention: Fire District Administrator 11665 W. State Street, Suite B Star, Idaho 836(t9 8.2.2 By scanning, attaching and e-mailing to: rwardl@starfi SECTION 9 AMENDMENT PROVISIONS This Amended Agreement may only be amended in accordance with 9,1.2 A proposed amendment must be in writing arrd include this then existing and shall therein include a strikethrough of deleted and underline of any new language oflthe proposed re Agreement as y language to be 9.1.3 A proposed Amendment shall contain Statement of Purpose hich shall include a statement of how the Parties will be affecte,d by the ment); the Party to contact for information; the amended and reformed Agree text. 10.2 No Third-Party Beneficiaries. Each Party to this Amended Agreem t intends that this SECTION 10 GENERAL PROVISIONS 10.1 Amends and Reforms the Agreement. This Amended Agreement Effective Date amends and reforms the Agreement. Amended Agreement shall not benefit or create any riglrt or cause of of any person or legal entity other than the Parties hereto. 10.3 Severability. Should any term or provision of this Amerrded Agree thereof to any Party, or circumstances, for any reason lle declared illegality or invalidity shall not affect any other provision of this A this Amended Agreement shall be construed and enforced as if provision had not been contained herein. 10.4 Counterparts. This Amended Agreement will be executed one for each Party. First Amended and Reformed Agreement for Real Property Ownr-.rship []oint Exercise of Power Agreement] of the Amended n in or on behalf , or the application or invalid, such Agreement and illegal or invalid in counterparts, Page 9 ---PAGE BREAK--- 2/L3/1.e 10.5 Captions. The subject headings of the paragraphs and subparagrap of this Amended Agreement are included for purposes of convenienr:e only and construction or interpretation of any of its provisions. II{ WITNESS WHEREOF, the undersigned parties }rave by action their Governing Bodies caused this Amended Agreement to be executed. STAR FIRE PROTECTION D DATED: Jared Moyle, Chairman CITY OF STAR DATED: Trevor Chadwick , Mayor I not affect the 'or authority of FirstAmended and Reformed Agreement for Real Property Ownr:rship [foint Exercise of Power Agreement] By: By: ---PAGE BREAK--- 2/L3lte STATE OF IDAHO County of Ada On this day of Febildry,2020, before me, the urrdersigned, a Public in and for the State of ldaho, personally appeared Jared Moyle, known or identi to me to be the Chairman/Commissioner of Star Fire Protection District, a fire pro on district and a government subdivision of the state of Idaho that executed the within i ent, or the person who executed the instrument on behalf of said Fire District, aLnd Fire Distrrict executed the same. to me that such IN WITNESS WHEREOF, I have hereunto set my hand and affixed day and year in this certificate first above written. y official seal the Iseal] Notary Public for Idaho My commission expires: STATE OF IDAHO ) : SS: County of Ada ) O,n this day of ,2020 before me, the undersigned, a Notary Public in identified to me to ) : SS: ) and for the State of Idaho, personally appeared Trevor Chadrvick, known be the Mayor of the City of Star, an Idaho municipal corporation that insttument, or the person who executed the instrument on behalf of said City to me tha't such City executed the same. the within and acknowledged n{ WITNE,SS WHEREOF, I have hereunto set my hand and affixed day and lrear in this cerlificate lirst above written. .y official seal the Iseal] First Amended and Reformed Agreement for Real Property Ownership [f oint Exercise of Power Agreement] Notary Public for Idaho My commission expires: Page 11 ---PAGE BREAK--- ORDINANCE NO. 307 (TYLER MONROE & YVETTE BUTLER PROPERTY) AN ORDINANCE ANNEXING TO THE CITY oF STAR CERTAIN *I'o' PRoPERTY LOCATED IN THE UNINCORPORATED AREA OF ADA COMTTV] IDAHO; MORE SPECIFICALLY AT 9990 W. BEACON LIGHT ROAD AND CONTIGUOIJS TO THE CITY OF STAR; ESTABLISHING THE ZONING CLASSIFICATION OF THE ANNEXED pRopERTy AS RESIDENTIAL (R2) oF AppRoxrMATELy 20.26 ac$.rs; THAT CERTIFIED COPIES OF THIS ORDINANCE BE FILED AS PNOVIDED BY LAW; PROVIDING FOR RELATED MATTERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Star, Ada and Canyon County, Idaho ("the Ci corporation organized and operating under the laws of the State of Idaho and is and to incorporate within the boundarie:s of the City contiguous real provided by Section 50-222,ldaho Code; and is a municipal to annex in the manner WHEREAS, the owner(s) of the real property situated in the uni rated areas of Ada County and particularly described in Scction 2 of this Ordinanoe have annexation of said real property to thc Cily of Star; and uested, in writing, WHEREAS, the Mayor and Council, held a public hearing on J 21,2020 on the proposed annexation and zoning of the property described in Section 2 bel w, as required by Section 67-6525,Idaho Code, and determ:ined that the requested annexation ld be granted and that the annexed property should be zone,l Residential (R2) pursuant to the U Code of the City of Star. ified Development N,CW, TI]EREFORE, BE IT ORDAINED BY TI]E MAYOIT AND CITY OIr STAR, IDAIIO, as follows: taxation and other powers of the city oI Star as their fellow residents, within the City of Star. Section 1 : The Mayor and Council of the City of Star, Idaho, here find and declare that the real property described in Section 2 of this Ordinance is contiguous t the City, that said the City, that the property can be reasonably assumed to be used for orderly development owner(s) of said property have requested, in writing, annexation of said by the City, and that the requirements of Section 50-222,Idaho Code, for annexation of said satisfied. , have been Section 2: 'fhe real property, described in the attached Exhibit situated in Ada County, Idaho, is hereby annexed into the City of Star. From and after the ive date of this ordinance, the residents and other occupants and property owners within such shall enjoy all the rights and responsibilities and shall be subject to all ordinanoes, resolution policc rcgulations, UNCIL OF THE and owners Section 3: The zoning land use classification of the land described Section 2 above, is hereby established as Residential (R2), as provided by the Unified t Code of the ---PAGE BREAK--- City of Star. The of the City is hereby amended to include the real property described in Section 2 above in the Residential (R2) land use classification. Section4: The City Clerk is.hereby directed to fiL:, within ten (10) days of passage and approval of this Ordinance, a certifierJ copy of this Ordinarrce with the offices of the Auditor, Treasurer, and Assessor of Ada County, Idaho, and with the State Tax Commission, Boise, Idaho, as require,d by Section 50-223,Idaho Codle, and to comply wittr the provisions of Section 63-215, Idaho Code, with regard to the preparation and filing of a map and legal description of the real property annexed by this Ordinance. Soction 5: This Ordinance shall take effect and be in force from ar d after its passage, approval, and publication as required by law. In lieu of publication of the summary thereof in compliance with Secl.ion 50-901A, Idaho Code maybe be ntire Ordinance, a DATED this day of 2020. CITY OI.'ISTAR Ada and Canyon County, ublished. daho ATTEST: Cathy Wrrd, City Clerk Trevor A. Chadwick Mayor BY: ---PAGE BREAK--- EE EDfEI TaT DAVID EVANS nnuAlSSOClATES rr.rc DESCRIPTIONF'OR BU]ILER & MONROE ANNEXATION PARCEL The following describes a parcel of reral property being a consolidation of 1 and2, Records Block 1 of Nash Estates Subdivision, Book 84, Page 9381-9382, Ada C and also lying within a portion of the Southeast Quarter (SE1/4) of Secti 32, Township 5 North, Range 1 West, Boise Meridian, Ada County, ldaho being more described as follows: Conrmencing at the southeast corner of said Section 32; Tl.rence, along south boundary line of said Section 32, North 89'33'44' West, 131T.BZ feet; Th , departing said south boundary line, North 00'0:3'52' East, 25.00 feet to the corner of and the said Lot 2, also being the northerly rght of way of West Beacon Light POINT OF BEGINNING; Thence, along the west boundary of said Lots 1 and 2, North 00"03'52" feet to the northwest corner of said Lot 1; Thence, along the north boundary line of said Lot 1, South 8g'33'44 East, the northeast corner of said Lot 1; Thence, along the east boundary line, of said Lots 1 and 2, South 00"01'34 1340.00 feet to the southeast corner of said Lot 2 and said right of way; Thence, along said right of way and along the south boundary line of said 89':]3'44'West, 659.05 feet to the OF BEGINNING, containing 20. more or less and is subject to any easement or reservations. 1339.99 16 feet to West, 2, North acres ffi ---PAGE BREAK--- lr L#l Title: Date: 06-19-2019 Seale: I inch:200 feei Ifif.raf.ff'feXATION PARCEL DESCRIPTION les Tract 1: 20.260 Acres: 882507 Sq Feetl Clqsure = n59.0621w 0.01 Feet: Precision =l/525126: Perimett 003-s00.0134w 1340.00 004=N89.3344W 6s9.05 001:N00.03528 1339 .99 002:s89.33448 658.16 :3997 Feet ---PAGE BREAK--- ORDINANCE NO.3O8 (ARTE INVESTMENTS -TELFORD PROPIiRTY REZON AN ORDINANCE REZONING CERTAIN REAL PROPER]TY LOCATED STAR, OWNED BY ARTE INVESTMENTS, LOCATED AT 10474 & STREET, GENERALLY NORTH OF STATE HIGHWAY' 44 AND DRIVE, (ADA COUNTY PARCEL #50408347028 & 50408t347077); PROPERTY FROM LIMITED OFFICE (LO) TO CENTRAL BUSINESS AMENDING THE ZONING MAP OF THE CITY OF STAR'TO REFLECT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Star, Ada and Canyon Counties, Idaho (the corporation organized and operating under the laws of the State of Idaho required by the Constitution and laws of the State of Idaho to adopt land classifications; and WHEREAS, pursuant to Section 67-6524,Idaho Code, the City of Unified Development Code Ordinance, the same being Ordinance No. 303, 12,2020 and subsequently amended; and WHEREAS, the real property described in Section 1 of this Ordi Limited Office (LO) District under the Unified Development Code of the C have requested that the zoning classification be changed to a Central Business WHEREAS, the Mayor and Council, held a public hearing on F determined that the requested change in zoning classification should be NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR THE CI'[Y OF STAR, IDAHO, as follows: SWIigq 1: The zoning classification for the real property, situated in County, J.daho, described in attachment "Exhibit is hereby changed from to Centra.l Business District (CBD) as provided by the Unified Development the City. SssIiel2:. The Official Land Use Zoning Map of the City is hereby change set forth in Section 1 to Central Business District (CBD). SeStiA!_} The City Clerk is hereby directed to file, within ten (10) approval of this Ordinance, a certified copy of this Ordinance with the o Treasurer, and Assessor of Ada County, Idaho, and with the Stilte Tax Commi as required by Section 50-223,Idaho Code, and to comply with the provisio Idaho Code, with regard to the preparation and filing of a map and legal property annexed by this Ordinance. IN THE CITY OF O58O W. STATE OF TAURUS NING THE STRICT (CBD); CH CHANGES; ty"), is a municipal is authorized and regulations and has adopted the on February is classified as a ty, and the owners istrict (CBD); and 4,2020, and D COUNCIL OF City of Star, Ada mited Office (LO) Ordinance of to reflect the ofpassage and of the Auditor, ion, Boise, Idaho, of Section 63-215, iption of the real ---PAGE BREAK--- Sr:ction 4: This Ordinance shall take effect and be irr force from and after its passage, approval. and publication as required by law. In lieu of publication of the entire ordinance, a summary thereof in compliance with Section 50-9014, Idaho Code may be published. DATED this _ day of 2020. CITY OF STAR, IDAHO By: ATTE,ST: Trevor A. Chadwick, Mayor Cathy Ward, City Clerk ---PAGE BREAK--- RE.ZONE DESORIPTICIN FOR WRIGHT.KRIDER PROPERTY A portion of Lot 6, Block 2 of Shooting Comet Subdivision No. 1 as file in Book Gg of Plats at Pages 7041 and 7042, records of Ada County, ldaho located in the SE 114 of the SW 1/4 Section 8, T.4N., R.1W., 8.M., Star, Ada County, ldatho, rnore particulaly described as follows: Commencing at 31/4 corner of said Section 8 from w,hich the W1i16 corner of said Section I bears North 89"34'31" West, 1327.62 feet thence along ihe South boundary line of said Section I North 89'34'31" West, 365.18 feet to the REAL POINT OF BEGINNING; thence continuing along said Soulh boundary line North 89'34'31" West, 312.00 feet; thence leaving said south boundary line North 01n4s'22" west, 125.22 feet; thence North 07"52'01" West, 181 .78 feet to a point on the South boundary line of said Lot 6; thence along said South boundary line South 89"27'00" East, 4.76 feet; thence leaving said South boundary line North A7"11'14" West, 7.gg feet; thence South 89'36'05" East, 106.07 feet to a point on the said East boundary line of said Lot 6; thence along said East boundary line South 25"05'0:i" East, 9.09 feet to the SE corner of said Lot 6, said point also being an angle point on the exterior boundary line of Shooting Comet Subdivision No. 7 as file in Book 81 of Platsr at Pages 8837-8839, records of Acla Couniy, ldaho; thence along the exterior boundary line of said Shooi:ing Comet Subdivision No, 7 the f,rllowing 2 courses and distances: thence South 89'17'32" East, 29,38 feet; thence South 89o08'06" East, 199.17 feet; thence continuing along said exterior boundary line arnd the southerly extension thererof South 00"16'54" Wesi, 303.09 feet to the REAL POINT OF BEGINNING. Containing 2.28 acres, more or less. This description was written from data or reccrd and was not verified with a survey on the ground by ldaho $urvey Group, LLC. w# 29 Itc flq ltt wi: ---PAGE BREAK--- SHOOTING COMIT SUB. o NO. \su3. No. 7 o S89'27'00"tI1 4.78i' \ - \ \ sss's6'os"E 06.07, I \-nz'r1'14"w uJ s) I 7.99' @ s8g'17'32"8 29,38' 199.17' EASEMENT =a)v. F 2.28 illl Qt!r ;l Hi iot Hl I I \ 9qo'44' I - - re-$ffiS*' - * *16-51 8' \d:{to REAL POINT-/ OF BEGINNIN ' .N8S'34',J1 "W 1327 .62', Af BASIS OF BTARING O/ Y 10 40 tou 02080 320 SCALE: * 80' %le ww t7779 IDAHO 0955 W EMERALD 61 SUR\/EY Affiil:i$:.,t'i GRGUP, LLC RE_ZONE EXHIBIT DRAWNG TOR WRIGHT-KRIDER PROPERTY JOA NO. 19-4,+O SHTET I{O. 1 LOCATEo lN ]HE SE 1/4 0F THE SW l,/4 Or SECnof{ E, T.!ttl., R.lW., 8.M., STAR, ADA COUNTY, IDAHO UWG, UAIL t2/11 /xo19 BLOCK @ BI.OCK l- Nl (nl 'Nl __sr-l ---PAGE BREAK--- t 7729 ffill& Wright-Kridler Propety, Rezone Closure Sheet 12t11nA19 Scale: 1 inch= 60 feet File: Tract 1: 2.2767 Acres (9ll'174 Sq. Feel), Closure: n73.4256w 0.01 ft. (1/181963), Perimeter=1279 ft, 01 n89.3431w 312 A2 nA1 .4522w 125.22 03 n07.5201w 181.78 04 s89 2700e 4.76 05 n07.1 1 14w 7,99 06 sBS.3605e 106.07 07 s25.0503e 9.09 08 s89.1732e 29.38 09 s89.0806e 1 C9,1 7 1 0 s00,1 654w 303.03 ---PAGE BREAK--- ORD]INANCE NO.3O9 (M&M - J&E PROPERTTES REZONE) AN ORDINANCE REZONING CERTAIN REAL PROPERTY LOCATED IN THE CITY OF srAR, owNED By M&M - J&E rRoI,ERTIES, LocATED AT t0362 u \ozee w. srATE STREET, GENERALLY NORIH OF STATE HIGHWAY 44 AND EAST qF TAURUS DRTVE, (ADA COUNTY PARCEL #50408438480 50408438560); REZONING THE PROPERTY FROM COMMERCIAL (C1) TO CENTRAL BUSINESS DISTB.ICT (CBD); AMENDING THE ZONING MAP OF THE CITY OF STAR TO REFLECT PUCH CHANGES; AND PROVIDING AN EFI]ECTIVE DATE. WHEREAS, the City of Star, Ada and Canyon Counties, Idaho lthe is amunicipal corporation organized and operating under the laws of the State of Idaho an$ is authorized and required by the Constitution and laws of the State of Idaho to adopt land pse regulations and classifications; and WHEREAS, pursuant to Section 67-6524,Idaho Code, the City of Star has adopted the Unified Development Code Ordinance, the same being Ordinance No. 303, apopted on February 12,2020 and subsequently amended; and WHEREAS, the real property described in Section I of this Ordinanbe is classified as a Commercial (C1) District under lhe Unified Development Code of the City, ahd the owners have requested that the zoning classification be changed to a Central Business Distlict (CBD); and WHEREAS, the Mayor and Council, held a public hearing on Janpary 21,2020, and determined that the requested change in zoning classification should be grant(d. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF STAR,IDAHO, as follows: Section 1: The zoning classification for the real property, situated in tlre City of Star, Ada County,Idaho, described in attachment "Exhibit is hereby changed from Commercial (C1) to Central Business District (CBD) as provided by the Unified Development Code Ordinance of the City. Sgglian2 The Official Land Use ZoningMap of the City is hereby anlended to reflect the change set forth in Section 1 to Central Business District (CBD). $ection 3: fhe City Clerk is herr:by directedto file, withinten (10) days of passage and approval of this Ordinance, a ;ertified copy of this Ordinance with the offices of the Auditor, Treasure::, and Assessor of Ada County, ldaho, and with the State Tax Commission, Boise, Idaho, as required by Section 50-223,ldaho Code, and to comply with the provisions of Section 63-215, Idaho Cc,de, with regard to the preparation and filing of a map and legal description of the real property annexed by this Ordinance. ---PAGE BREAK--- Segtia!-4i This Ordinance shall take effect and be in force from and after its passage, approval, and publication as required law. In lieu of publication of the entire ordinance, a summary thereof in compliance with Section 50-9014, Idaho Code may be p{bHshed. DATED this day of 2020. CITY OF STAR,IDAHO ATTEST': Trevor A. Chadwick, May Cathy Ward, City Clerk By: ---PAGE BREAK--- 2O3O 3, Ave. Ernrnelt, lD b3C;17 7: (iza1) 39b-O)04 f : QlaB) 398-Bt05 3 awf,ooth bnd Svrv ey nq, I O44 Northwesl. blvd., 5Le. G Coevr d'Alene, lD B3E I 4 ?:(ZOb)7t44544 r: QOB) 29?--4453 l4l l* Avenuetasl Jerone,lD 83338 r: QOb) 329 5303 F: GOA) 324-30?-t Annexation Legal Description BASIS OF BEARINGS for this legal description is North 00026'57" East, between [he SU4 and the c1/4 corner of section 8, T. 4 R. 1 8.M., Ada county, Idaho. I.s.p,c.s., wist Zone, A parcel of land located in the SW1/4 of the SE1/4 of Section 8 and the NW1/4 of the NE1/4 of Section 17, Township 4 North, Range 1 Welst, 8.M., Ada County, ldaho, more particularly fescribed as follows: BEGINNIN(} at an aluminum cap/F'LS 4431 marking the S1/4 corner of said Sectidn B, which bears South 00"26'57'West, 2646.95 feet from a 5/8" rebar marking the C1/4 corner of sf id Section 8; Thence North 00'26'57" East, coincident with the west line of said SW1/4 of the Sq1/4, a distance of 279.99 feet to a 5/B' rebar/cap PLSi 5461; Thence South 89"01'34' East, 128.70 feet to a 5/8" rebar/cap pLS 5461; Thence south 00o26'57'west, parallel with said west line, 904.42 feet to the and the beginning of a non-tangent curve to the left; ne of State Hwy 44 'Thence 128.70 feet along said curve, having a radius of 57,295.80 feet, with a 00"07'43', subtended by a chord bearing Norlh 88"54'06" West, 128.70 feet; angle of , to the POINT 'fhence North 0"26'57" East, coincident with the extension of said west line, 24.15 OF BEGINNING. '[he above described parcel contains 0,899 acres, more or less. P:\2019\1924O-WE13T STATE STREET ROS\Survey\Drawings\Descriptions\19240-Annexation L{gat.docx : l1of2 ' t . 11574 #{xs s"ffi ---PAGE BREAK--- ct/4@k,src. E 8Ell7 sEcrIoN8 7.4 R 1w., B.M. co& R6c. #2019-083397 I t- ls LR - sag"o1,34"E12a.zo, fpuEaT - I I rit i NI5 Iaqs lrt c0 t\o q a h$ GNt Ny) b$I 0.899 ACRES* + s =N tn roilo (n ,u*rrt M&M J&E PROPERrIES LLC ANNEXArION OHIBIT ADA COUN',ty, IDAHO 't ID 83617 398-8104 s9B-8105 Lanl 2un eyinq, LLC yyyalql.gg br C't6N a\ Q. HWy 44 c1 2BA S. WASHINGTON AVE, DWG # 192tWEX incirEcri 19240 SHEFT 10F1