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08.01.2024 City Council Packet Ammon City Council 08.01.2024Page 1 of 127 1. 2. i. 4. 14 Ammon City Council 08.01.2024Page 2 of 127 1. 2. i. 24 Ammon City Council 08.01.2024Page 3 of 127 34 Ammon City Council 08.01.2024Page 4 of 127 4. 44 Ammon City Council 08.01.2024Page 5 of 127 Ammon City Council 08.01.2024Page 6 of 127 Ammon City Council 08.01.2024Page 7 of 127 Ammon City Council 08.01.2024Page 8 of 127 Ammon City Council 08.01.2024Page 9 of 127 Ammon City Council 08.01.2024Page 10 of 127 Ammon City Council August 1, 2024 Mayor Coletti and City Councilmembers: Title 10 Amendments to Chapters 2 Definitions, 5 Supplementary Regulations, 12 RP Residence Zone, 27 Zoning Overlays, 29 Subdivision Regulations, 37 District Use Matrix, 39 RS Residence Zone Small, and 41 PSC Parks, Schools, and Churches Zone Ordinance #721 Staff Presenting: Cindy Donovan Planning Director Compliance and Recommendation: - This application is in compliance with Title 10, Chapter 4 - Staff recommends approval of the proposed amendments Criteria for Decision: - 10-4-1: ORDINANCE AND MAP MAY BE AMENDED: This zoning ordinance, including the map, may be amended, supplemented, changed or modified from time to time, consistent with Idaho Code Title 67, Chapter 65. Summary of Analysis: 1. Chapter 2 Definitions: a. Add definition for Infill Development b. Add Land Use to the definition for Local Land Use Planning Act c. Add definition for Mobile Home that reflects the definition in Chapter 30 RMH zone d. Add definition for Short Term Rental that reflects State Code e. Amend definition of Trailer House f. Add definition for Vacation Rental 2. Chapter 5 Supplementary Regulations: a. Add sight requirements for when an alley, drive aisle, or driveway intersect b. Reference City Code 10-30-9 regarding temporary occupancy of a travel trailer in 10-5- 16: TRAILERS c. Increased parking requirements for Convalescent Home and Skilled Care/Assisted Living d. Amend language in the parking requirement for Churches, clubs, lodges, fraternal organizations, social halls, assembly halls e. Reference the district use matrix and MU table in 10-5-26: Zoning Use Table f. Addition of 10-5-28: Outdoor and Exterior Lighting 3. Chapter 12 RP Residence Zone: noticed, but no amendments needed 4. Chapter 27 Zoning Overlays: a. Remove Conditional Use Permits as a zoning overlay b. Minor changes to language and references 5. Chapter 29 Subdivisions: a. Require Stormwater Pollution Prevention Plan (SWPPP) for site plan reviews 6. Chapter 37 District Use Matrix: a. Add PSC to the Commercial District Uses Matrix b. Amend cemeteries from an allowed use is all residential zones to an allowed use by conditional use permit 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council 08.01.2024Page 11 of 127 7. Chapter 39 RS Residence Zone Small: a. The intent of this zone is to be used for residential infill projects. 8. Chapter 41 PSC Parks, Schools, and Churches Zone: a. Moving language from special provisions to use requirements b. Add special provisions for fencing, disturbances, and off-street parking for churches and schools c. Addition of 10-41-4: City Park Dedication to establish guidelines for city parks Planning and Zoning Commission - Public Hearing #2024-013 was held before the Commission on July 17, 2024 - Public Comment: 1 person testified in favor of the amendments - Commission recommends approval - Reasoned Statement: Clarity in the codes No public comment Improved definitions with better detail Notice of Hearing: - Notice was published in the Post Register on Friday, June 28, 2024 - Notice was mailed to 20 public entities on Friday, June 28, 2024 - No sign posting is required - Public comment: no comment was received Motion: Approve I move to approve the amendments to Title X Chapters 2, 5, 27, 29, 37, 39, and 41 finding the are in compliance with the Comprehensive Plan as amended and City ordinance based upon/with conditions (if applicable). Deny I move to deny the amendments to Title X Chapters 2, 5, 27, 29, 37, 39, and 41 finding they are not in compliance with the Comprehensive Plan and City ordinance based upon (state the reasons for recommending denial). Continue I move to continue the amendments of Title X Chapters 2, 5, 27, 29, 37, 39, and 41 until additional information can be obtained (list specific information required). Attachments: 1. Reasoned Statement 2. Draft Chapter 2 Definitions 3. Draft Chapter 5 Supplementary Regulations 4. Draft Chapter 27 Zoning Overlays 5. Draft Chapter 29 Subdivisions: 6. Draft Chapter 37 District Use Matrix 7. Chapter 39 RS Zone 8. Draft Chapter 41 PSC Parks, Schools, and Churches Zone 9. Ordinance #721 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Ammon City Council 08.01.2024Page 12 of 127 Ammon City Council 08.01.2024Page 13 of 127 CHAPTER 2 DEFINITIONS SECTION: 10-2-1: Definitions 10-2-1: DEFINITIONS: For the purpose of this ordinance, certain words and terms are defined as follows: words in the present tense include the future and the future includes the present; the singular number includes the plural and the plural the singular; the word lot includes the word plot, tract, or parcel of land as the sense may require it; the term erected means constructed, altered, moved, or repaired; words shall and must are always mandatory. For the purpose of this plan, the following definitions will be used: Accessory building: A subordinate building, the use of which is incidental to that of the main building. Accessory use: An activity or structure that is incidental or secondary to the principal use on the same lot. Acre: 43,560 square feet. Administrative Record: The record of whatever is formally presented to an appellate body; this material can be used as the case moves up through the system. For example, in a zoning case, the things said and exhibits presented at the zoning hearing become the administrative record and may be used if the case goes on to a city council or court. Adult Business: Any business promoting or selling sexually oriented products, these businesses would not allow admission of minors. These businesses cannot be located within twenty-five hundred (2500) feet of any religious institution, school, public park or building or residentially zoned property. Aesthetic Zoning: Aesthetic zoning is designed to create, preserve and promote beauty or a particular architectural theme. Like all zoning, whether aesthetic or otherwise, it promotes community interest and is based on the principle that the public welfare outweighs the interests of the individual property owner. Justification for aesthetic zoning is to be found within the broad confines of general welfare. In the past, the courts were reluctant to recognize aesthetics as a main reason without joining it with other reasons such as property values. Agriculture: Agriculture shall mean the growing of soil crops in the customary manner in the open. It shall not include livestock raising activities; nor shall it include retailing of goods on the premises. Agriculture, Commercial: any agricultural land being used as a farm, greenhouse, nursery, sod farm, tree farm, orchard, vineyard or similar use for commercial purposes. Agriculture Land: Land used for the raising of plant crops. Page 1 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 Ammon City Council 08.01.2024Page 14 of 127 Agriculture, Urban: The production of vegetables, fruits, honey, and eggs by residents for personal consumption and may include production by members of a neighborhood or by a nonprofit organization on one or more vacant lots for personal consumption or for the off-site sale of small quantities. Alley: A Public way primarily for utility use and for servicing the property adjacent thereto. Amusement Enterprise: Any carnival, amusement ride business, game arcade, or similar amusements, games, or contests. Annexation: The process by which cities expand their legal boundaries to include areas previously only governed by county government. Municipal annexation normally involves extension of services to the annexed territory by the city and allows the city to impose property taxes, fees and service charges in the area. Annexation is accomplished through publishing and passage of a city ordinance. There are certain continuity requirements as well as a stipulation that the newly annexed property must be within a negotiated area of city impact. Some cities, when extending city services beyond city boundaries, require residents in the area to sign annexation agreements (see annexation agreement, municipal), essentially promising they will not protest, annexation when it is proposed. Annexation Agreement: An agreement comprised of the requirements or special conditions that serve as conditions of a developer/developers and/or the city prior to or as an annexed area is developed. Annexation Agreement, Municipal: When a city is considering extending services to an area outside its boundaries but is not yet planning to annex the property, it may seek to obtain a written agreement from the property owners that they will not oppose annexation when it is proposed. Apartment: A dwelling unit within a multiple family residence which is or is to be rented, leased or hired out. Area of City Impact: Idaho law requires cities to prepare a land use plan that not only plans for boundaries that are still in the unincorporated area of the county and have not yet been determine whose developmental regulations (comprehensive plan and implementation orated areas adjacent to city boundaries. Officially negotiated areas of city impact are a prerequisite for cities to annex adjacent properties. Assembly/Light Manufacturing: assembly of materials from previously prepared parts to construct items such as, but not limited to: appliances, farm equipment, mining machinery, excluding junk yards and auto wrecking yards. Assembly, Place of: The use of land for a meeting place where persons gather together for purposes of attending civic, social, religious functions, recreational events or entertainment performances on a regular or recurring basis including, but not limited to, religious institutions, banquet facilities, funeral homes, theaters, conference centers, stadiums, or indoor or outdoor recreational facilities. Page 2 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 Ammon City Council 08.01.2024Page 15 of 127 Assisted Living Center: A building for the care and keeping of elderly, ill, physically or mentally disabled people. Attached: see chapter 14A Auto Court, Motor Court: See Motel. Bed and Breakfast Establishment: See Boarding/Lodging House. Beer and Wine Café: To serve beer and wine by the drink, at retail upon premises or as carry- out in an establishment with an age limit of 21 years of age or older, with little or no food service. Bench Seat: For the purpose of this ordinance bench seating will be calculated one (1) seat for every eighteen (18) inches of bench. Bike Lanes: See Trails (Bicycle/Pedestrian) Bikeway: See Trails (Bicycle/Pedestrian) Board of Adjustment: A quasi-judicial body responsible for hearing appeals from decisions of the local zoning administrator and requests for variances, special use permits and other quasi- judicial and administrative determinations as may be delegated by ordinance. Boarding House/Lodging House: A building containing not more than one kitchen where, for compensation, sleeping space and meals are provided pursuant to previous arrangements on a daily, weekly or monthly basis in contradistinction to a hotel or a café. Billboard Sign: See Sign (Off-Premise). BMPA: Bonneville Metropolitan Planning Area. BMPO: Bonneville Metropolitan Planning Organization. Buffer Areas: A parcel of land established to separate incompatible adjacent land uses, such as a commercial use and a residential use. The area may vary in width include walls, fences, or screen plantings, to insulate the adjoining properties from noise, traffic, or visual intrusions. Some ordinances require commercial and industrial districts to install a buffer area wherever the property line abuts a residential district. The term may also be used more broadly to describe any zone that separates two unlike zones, such as a transitional multiple family or professional business zone between commercial zone and a single-family zone. Buffer Areas (Land): A parcel of land established to separate incompatible adjacent land uses. The area may vary in size and may include walls, fences, screen plantings or earthen mounds (berms) to insulate the adjoining properties from noise, traffic or visual intrusions. Buffer Areas (Zone): Describes any zone that separates two unlike zones. For example, in some instances a multiple family or professional business zone may be used between commercial zones and single-family zones. Page 3 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 Ammon City Council 08.01.2024Page 16 of 127 Building: Any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind Building, Main: One or more of the principal buildings upon a lot. Building Official or Inspector: Individual or organization designated by the City to perform inspection and related services under this ordinance. Building Shadow Line: A two--eye view of a building, looking straight down, consisting of the outermost of all above-ground story walls which separate the interior from the exterior of the building. For purposes of defining the shadow line only, porches, patios, and other open, partially open or unheated rooms or areas, and garages are considered to be exterior to the building. Carport: An overhead structure not completely enclosed by walls for the shelter of automobiles. Car Wash: A building containing equipment for washing cars or other vehicles. Cemetery: A burial ground or graveyard. Central Business District: The core commercial area of a cityusually downtown that has a broad range of financial, retail, government, entertainment and other activities. Child Care Facilities: For the purpose of this ordinance child care facilities shall be classified and defined with the following designations: Family Child Care Facility: Those facilities providing child care for five (5) or fewer children. Group Child Care Facility: Those facilities providing child care for six (6) to twelve (12) children. Child Care Center: Those facilities providing child care for thirteen (13) or more children. NOTE: Operating and licensing requirements for Child Care Facilities are found in the Ammon City Code, Title 6, Chapter 3, Childcare Regulations and Licensing. Clinic: A building used for the diagnosis and treatment of ill, infirm and injured persons, but which building does not provide board, room or regular hospital care and services. Club: A building used, occupied and operated by an organized association of persons for social, fraternal, religious or patriotic purposes, whose activities are confined to the members and their guests, but shall not include any organization, group or association the principal activity of which is to render a service usually and ordinarily carried on as a business. Cluster Zoning: Cluster zoning generally refers to development patterns for residential, commercial, than evenly spread throughout a parcel as in a conventional lot-by-lot development. To remedy the effects of grouping of clustering of buildings the density requirements of the existing zone is usually Page 4 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 Ammon City Council 08.01.2024Page 17 of 127 Common Wall: See Party Wall/Common Wall. Commercial (Heavy): Establishments engaged in the trade of goods and services which usually generate high volumes of traffic, are congregated upon or occupy large areas of land, tend to have high levels of onsite activity, or do not deal directly with final consumers. Those zones considered in the heavy commercial designation are C-1, HC-1, CC-1 and GC-1. Commercial (Light): Establishments engaged in the trade of goods and service which usually generate minimal to moderate volumes of traffic. Those zones considered in the light commercial designation are PB and MU. Often the uses allowed within these zones are compatible with adjacent residential use when buffered efficiently. Communications Facility: Amateur Radio Operators w/antennas, in residential areas, wireless communication towers in high-density residential and commercial zones, or broadcasting studios in commercial zones. Comprehensive Plan: The comprehensive plan is intended to be a guide as to the nature and direction of future growth and development, and is formulated with public input, study and analysis of existing physical, economic environmental and social conditions and a projection of what future conditions are likely to be. The comprehensive plan must consider: private property rights; population; school facilities and transportation; economic development; land use; natural resources; hazardous areas; public services, facilities and utilities; transportation; recreation; special areas or sites; housing, community design and implementation when planning. Once adopted, the plan serves as a guide for making land use decisions, preparation of zoning and subdivision ordinances and capital improvement plans, and determining the rate, timing and location of future growth. One part of the comprehensive plan includes a map showing approximate areas of use designations. Conditional Use/Conditional Use Permit: Certain uses because of their size, special requirements or possible safety hazards are expected to have detrimental effects on surrounding properties, but may be compatible with the other uses if they are properly designed. Such uses are classified in zoning ordinances as conditional uses requiring conditional use permits. A conditional use permit may only be granted after a hearing before the Planning and Zoning Commission and a recommendation is made to the Board of Adjustment. With a recommendation of the Planning and Zoning Commission, the Board of Adjustment can accept or reject the request of a Conditional Use Permit. Specific requirements of the conditional use can be placed before a permit may be issued. Condominium: Defined at the highest level in Idaho Statute section 55-101B, and Idaho Statute Title 55, Chapter 15. For purposes of this ordinance, the word condominium refers to an individual condominium unit as defined by Idaho Statute sections 55-1503 (d) and 55-1509, within a specific building. In brief, a condominium is a separate, independently owned portion of a building where, "unless otherwise expressly provided in the declaration, deeds, plat or plats", "the physical boundaries of the unit are the interior surfaces of the perimeter walls, floors, ceilings, windows and doors thereof, and the unit includes both the portions of the building so described and the airspace so encompassed". The owner of each condominium in the building also owns an interest in common of all common areas of the building or buildings and pertinent grounds in proportion to the value of the owner's condominium unit, compared to the cumulative value of all condominium units within the building or buildings. Condominium Plat: A parcel of land recorded with the County as a condominium plat, consisting of two or more buildings, where each building and usually the ground it sits on is or Page 5 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 Ammon City Council 08.01.2024Page 18 of 127 can be independently owned, but where part or all of the ground, including but not limited to parking spaces, parking aisles, and landscaping, is owned in common by the various owners of each of the buildings included within the condominium plat, as regulated by Idaho Statue section 55-101B, and Idaho Statute Title 55, Chapter 15. Convalescent Home: Any building or structure used for or occupied by persons recovering from illness or requiring nursing or similar care; not otherwise classified as a hospital. Covenant (subdivision): A covenant is an agreement written into deeds and other documents that promise performance or non-performance of acts, or stipulating certain uses or non-uses of property. Covenants recorded by the developer for a subdivision are not binding or enforced by the City. Covenant agreements are enforced by individual property owners or commonly by home owner associations. Cultural Facility: Any facility that is used for the display of items or performances relating to ideas, customs or social behavior of a society. Such as, but not limited to: art galleries or museums. Curb Cut: A cut in the curb line for the passage of vehicles. Day Care: See Child Care. Dedication: The assignment of private property to a specific public use and its acceptance for such use and ownership by the City. Examples of dedication would be roadways, parks, future building lots for City expansion etc. Density: The number of living units per acre of land. Density is controlled through maximum allowances in the zoning ordinances. Density (Low): Use of land for residential purposes with detached single-family dwellings on larger lot sizes and a maximum of six (6.0) living units per acre, attached single family dwellings will have a maximum density of four (4.0) living units per acre. Density (Medium): Use of land for residential purposes with single or multiple family dwellings on small sized or clustered lots where the density generally is greater than six (6.0) living units per acre with a maximum of twelve (12.0) living units per acre. This designation could be comprised of both attached and detached dwellings. Density (High): Use of land for residential or mixed-use purposes where although there may be a mixing of housing types, the density generally is greater than twelve (12.0) living units per acre with a maximum density of twenty (20.0) living units per acre. The various residential density limitations defined above shall not be construed to prohibit Planned Unit Developments or similar special developments. These types of developments often concentrate residences at densities higher than those allowed above in one part of the development, in exchange for open space, trails or parks in the remainder of the development. The final density of each such special development taken as a whole, however, may not exceed the density limitations specified above. Further, such special types of development must meet special requirements as City Council shall determine and delineate in the zoning ordinance. Development Rights: The rights associated with the purchase of a parcel of property. A purchaser also Page 6 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 Ammon City Council 08.01.2024Page 19 of 127 acquires a number of rights towards the use of that property, such as the right to build a home, a right to develop commercially, a right to remove gravel or other minerals, a right to use water, a right to raise crops. Which of these rights are purchased with each property depends on the zoning, other applicable regulations and the terms of the purchase. Developed Area: Annexed land, which includes existing structures, and property where a building permit has been issued. Down Zoning: A change in zoning to a classification requiring development that is less intensive such as from multi-family to single family or from commercial to single family Drive-through Facility: any facility that allows vehicular traffic contact with a building for commercial transactions such as, but not limited to: banks, credit unions, fast-food establishments. Dwelling: Any building that contains a dwelling unit, used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes. Exceptions to this definition include but are not limited to, a hotel/motel, boarding or rooming house, rest home, convalescent home, child care center, or travel trailer. Dwelling Unit: A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Dwelling Group (Planned): Two or more buildings used for dwelling purposes located on one lot and not subdivided into customary streets and lots. Easement: An easement is a right granted by the owner of land to another party for a specific limited use of that land. Electric Vehicle Charging Station (Private): A device not accessible to the public that transfers electric energy to a battery or other energy storage device in an electric vehicle for personal use and not for financial profit. Also known as a Private EV Charging Station. Electric Vehicle Charging Station (Public): A commercially accessible device that transfers electric energy to a battery or other energy storage device in an electric vehicle. May be placed in any commercial zone. Also known as a Public EV Charging Station. Emergency Services: any entity providing emergency services such as, but not limited to: ambulance service, emergency medical services. Equestrian Facility: any facility that provides services such as, but not limited to: riding academies, stables for rent or private use. FEMA: Federal Emergency Management Agency. Financial Institutions: businesses which handle individual or group finances, such as, but not limited to: banks, credit unions, lending institutions, investment companies. Floor Area: The floor area of a building is the sum of the areas of the several floors of the building, including basements, mezzanine and intermediate floored tiers and penthouses of Page 7 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 Ammon City Council 08.01.2024Page 20 of 127 headroom height, measured from the exterior walls or from the centerline of walls separating buildings. The floor area does not include such features as pipe trenches, exterior terraces or steps, chimneys, roof overhangs, etc. Food Service: any business that deals with the handling of food, such as, but not limited to: drive-through fast-food establishments, catering facilities, coffee roasting facility. Foster Family Care Homes: For the purpose of the Ammon City Code Foster Family Care Homes shall be defined as a location within the City where a minor or minors have been placed in a ward, group home, private home or any other facility approved as an Idaho State-certified foster caregiver. This term shall not be construed to limit or restrict people within residential zones from serving as foster parents in their own home or residence. Fractional Numbers: In determining the requirements of this ordinance, whenever a fraction of a number or a unit is one-half or more and whenever a fraction of a number or a unit resulting from a computation is one-half or more, said fraction shall be considered as a whole number or a unit. Frontage (Street): For the purpose of this ordinance frontage shall be defined as any portion of a lot boundary which boundary is adjacent to a dedicated roadway. Garage (Private): A detached accessory building or portion of a main building designed for the parking or temporary storage of automobiles of the occupants of the premises in contrast to a parking garage where the parking or automobile temporary storage space is let for commercial gain. Golf Course: an area of land laid out for golf with a series of 9 or 18 holes each including tee, fairway, and putting green and often one or more natural or artificial hazards. Governing Board: For the purpose of this plan the governing board shall refer to the City Council and Mayor. Government: Any facility that will be used to house government offices, either federal, state, county or city. Unless zoned otherwise, excluding the storage of materials or equipment. Grade: The average of the finished ground level at the center of exterior walls of a building. Greenspace: An open space that includes landscaped areas typically planted with trees, shrubs, grass and other vegetation. Grocery: A store that sells food and household supplies Ground Floor: The floor area found on the first story above grade. The first story above grade is the lowest story which is more than one half above grade. For split levels, it includes the first story above grade of each portion of the split. Grandfather Clause/Grandfathered: A legal provision that allows people engaging in an allowed activity or business before a new form of regulation or standards is imposed to continue in that activity without having to go through the new process or meet the new standard. Guest: A person staying or receiving services at a hotel, motel, boarding house, rooming Page 8 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 Ammon City Council 08.01.2024Page 21 of 127 house or rest home or similar use for compensation. Guest House: A guest house is an accessory building within a residential zone built with the intent of accommodating short term guests without compensation. Health and Fitness Facility: A facility that contains equipment or classrooms designed for exercising. These facilities could contain the following options but are not limited to: athletic clubs, weight reduction salons, semi-public swimming pools. The areas where these facilities can be placed will be determined by size. Height of Building: The height of a building shall be the vertical distance from the grade to top of the building walls. Where the building walls vary in height, the height of the building shall be determined by multiplying the length of each section of said wall by its height and dividing the sum derived there by the total length of wall. High Density Residential: See Density (High). Home Occupation: profession which may be conducted within a residential dwelling, or allowed appurtenant building, without in any way changing the appearance or condition of the structures and carried on by persons residing therein. Applications for home occupations may be granted in any residential zoning area of the City. In some cases, a home occupation may be granted on condition of compliance to certain regulations. Hospital/Surgical Center: An institution where the ill or injured human beings are offered treatment of a type recognized by state law, such as medicine and surgery, osteopathy and the like. Hotel/Motel: Any building where individual sleeping quarters are used, rented or hired out to guests on a daily or short-term basis, where the living units are occupying a building site or area under one ownership, used for the purpose of furnishing transient living accommodations, traditionally not containing kitchen facilities. Household Pet: Animals or fowl customarily permitted in the house and kept for company or pleasure, including dogs, cats, canaries and similar pets. Illegal Use: A use, building or activity that is prohibited by the zoning ordinance and was established after the zoning ordinance became effective. Industrial and Manufacturing: All types of manufacturing and industrial establishments. Infill Development: Developments on unused or underutilized lands that are adjacent on two or more sides by previously developed property and require minor extensions of mainline municipal services. Infrastructure: The physical structures necessary to sustain a population base such as bridges, roads, water, sewer, city halls and fire stations. Often, park lands or landscaping along arterial roadways are included in infrastructure improvement requirements. Institutional: Institutional buildings and spaces, both public and semi-public, such as schools, churches, hospitals and nursing homes. Page 9 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 Ammon City Council 08.01.2024Page 22 of 127 Kennel: Any lot or premises on which three (3) or more dogs over four (4) months old are kept. Kennel, Commercial Boarding: A facility that houses small house pets, usually dogs or cats, either inside or outside for a fee. Land Use: The way in which land is being used. Specific land uses are either permitted, conditionally permitted or prohibited in each zone. Land Use Plan: See Comprehensive Plan. Landscape Strip: A strip of property adjacent to or required on private property often abutting a road right of way and sidewalk. The width of the strip is determined based on City standards at the time of development. In many subdivisions the landscape strip is used as a place to move snow onto from the adjacent roadways during the winter months. For this reason, it is advised that plantings within the landscape strip be low growing and hardy. The strip may contain landscaping material such as grass, decorative plants, decorative rock, or bark. Hard surfacing of the landscape strip is not allowed in any residential subdivision. Living Unit/Area: See Dwelling Unit. Local Land Use Planning Act: Mandated in 1975 by the Idaho Legislature. The act requires cities and counties to enact comprehensive plans, zoning and subdivision ordinance, defines the powers and responsibilities of the planning and zoning commission and governing board with respect to land use issues and sets standards for procedural requirements including public notice and hearings. Lodging House: See Boarding/Lodging House. Lot: Land occupied or to be occupied by a building or building, together with such open spaces as required under this ordinance, and having its principal frontage on a street or an approved access easement. Also building sites without reference to lots as recorded on official plats. Lot (Corner): A lot where two adjacent sides are bordered by public street(s). Lot (Double Frontage): See Lot (Reverse Frontage). Lot (Interior): A lot other than a corner lot. Lot (Reverse Frontage): For the purpose of this ordinance reverse frontage will refer to either the side yard or the rear yard of any building abutting an arterial street. Access to the arterial from the reverse frontage property is prohibited. In some instances, a residential street may be designated as a low access street and access may be denied as if it is an arterial street. Lot (Through): See Lot (Reverse Frontage). Lot of Record: A lot that is part of a subdivision officially recorded or a lot or parcel described by metes and bounds, the description of which has been recorded. Manufactured Home: As defined in Title X, Chapter 30, Section 1 of this Code. Page 10 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 Ammon City Council 08.01.2024Page 23 of 127 Manufactured Home Court: A court opening on a public way equipped with sanitary facilities for the parking of two (2) or more occupied manufactured homes. Manufacturing: Any facility which contains equipment for the purpose of producing a product for sale. These facilities may include but are not limited to: bakeries commercial, bakery plant, untertops, dry cleaning plants, laundry plants, printing plants, food preparation plant, glass cutting and installation, microbrewery, milling or smelting of ores, milk distribution stations, creameries, bottling works, sign shop including painting, welding, woodworking. The placement of these facilities will be determined by use, based upon noise and fumes emitted. The following uses, along with any similar uses, are NOT permitted in the manufacturing zone: garbage dumps, dead animal reduction, distillation of bones and organic fertilizer manufacturing, explosive manufacturing and storage, glue manufacturing, livestock auctions, establishments that use explosives or other dangerous materials, petroleum refining and refining of crank case oil, rubber manufacturing, cement, lime gypsum, rock wool or plaster of paris, construction sand and gravel mining, stock yards, feed yards, or slaughter of animals. Master Plan (Land Use): See Comprehensive Plan. Master Plan (Mixed-Use): See Chapter 35, Mixed-Use Medical Care Facility: Any facility that will contain services provide by medical personnel, such as, physicians, clinicians, nurses, etc. These facilities may include but are not limited to: medical clinic, emergency healthcare, social services, dental, optometry, rehabilitation center, or general practitioner. Placement of these facilities will be based on size. Also see Hospitals. Metes and Bounds: A system of describing and identifying a tract of land by distance (metes) and directions (bounds) from an identifiable point of reference. Mixed-Use: The Mixed-Use zone is to provide for a variety and mixture of compatible uses, such as professional offices, small scale retail, restaurants, recreational, personal services including public facilities, and residential both single family and multi-family. Mobile Home: A manufactured relocatable living unit, which is not to be placed on a permanent foundation. Motel: See Hotel/Motel. Motor Vehicle Sales: A facility which sells motorized vehicles such as, but not limited to; new or used automobiles, boats, motor homes, or farm machinery. Motor Vehicle Service: A facility which repairs motorized vehicles such as, but not limited to: automobiles, boats, motor homes, or farm machinery. Also see Repair Shops. Moratorium: An action by the City to impose a temporary halt on a type or area of development. Moratoriums must meet specific guidelines outlined by State Statutes. Mortuaries, Funeral Parlors, Crematory: An establishment where the dead are prepared for burial or cremated, where the body may be viewed, and where funeral services are sometimes Page 11 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 Ammon City Council 08.01.2024Page 24 of 127 held. Multi-Family Residence: A building containing two (2) or more dwelling units, excluding attached single family zero lot line residential units. Multi-Use Path/Trail: See Trails (Bicycle/Pedestrian) Non-Conforming: (Uses, Lots, Structures): Lots, structures, uses of land and structures, and characteristics of uses which are prohibited under the terms of a zoning ordinance but were -conforming lot, structure or use is normally allowed to remain unless there is a compelling reason, such as imminent danger to health or safety to discontinue it. Notice, Public: The Idaho Open Meeting law requires posted meeting and agenda notice for regular and special meetings of the planning and zoning commission and governing board. The Local Land Use Planning Act also sets forth public notice requirements for specific types of planning and zoning decisions, including publication and written notice to neighboring property owners. Nursery (Day Care): See Child Care Facility. Occupancy (Change of): Any change in the character of use of a building or premises, not including change of tenants, proprietors or occupants. Off-Street Parking Space: An area for the parking of automobiles which does not include a public street but has convenient access to it. Office, Business: Any space either owned or leased which contains office space for professional, medical, research development and laboratories not involving any type of hazardous or explosive materials. Open Space: Land with non-development or minimal development types of uses. Normally considered as park areas or large landscape areas around commercial developments there are actually three different types of open spaces. (1) privately owned open space: the yards or area associated with private homes; (2) common used open space land designated at the time of recording a plat or site plan as open space for common access and use by the residents of the development or community, or (3) public open space that is owned by the City for the active or passive recreational use of the public (parks). Outdoor Entertainment: Any property which would allow outdoor activities such as but not limited to: drive-in theater, semi-public swimming pools, water parks, outdoor stage or music venue. Outdoor Shooting Range: A specialized facility designed for firearms qualifications, training or practice. These facilities must ensure bullet containment. Overlay Zone: A zone which is superimposed over other zones and in which certain regulations land restrictions apply which supplement or which modify the regulations and restrictions applying in the underlying zones. Overlay (Zoning): A use or zone that is applied to a specific geographic area. Animal overlay Page 12 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 Ammon City Council 08.01.2024Page 25 of 127 allows animals normally prohibited within a zone to be allowed within specific guidelines. Planned transition overlay is designed to transition from one land use type to another land use type, usually involving a zone change that is allowed under specific terms of the planned transition overlay. Conditional use permit overlay is designed to show the areas within the City that have permanent conditional use permit allowed. Most often this conditional use permit would be a school or a church. Park Landscape Strip: A buffering strip consisting of a combination of fencing or wall, berm and landscaping. The strip shall be between thirty (30.0) and sixty (60.0) feet in width, as recommended by the Planning and Zoning Commission. The strip shall include minimum a six (6.0) foot high opaque fence or wall adjacent to the property boundary, a minimum six (6.0) foot high berm, adjacent to the fence or wall and shall include trees and shrubs to act as buffering between the properties. Landscaping is to be matured trees and shrubs at time of planting. The entire park landscape strip is to be landscaped with grass or ornamental planting. Landscaping may include walking paths or other decorative landscape items. The area within the park landscape strip may be used as part of the required storm water retention area. This property is to remain a part of the development and be maintained in perpetuity by the owner/developer or its agent. Parks (Public): Parks which are maintained by a public agency or in some cases open spaces be considered as a public park, IE Planned Unit Development open spaces. Parks (Semi-Public): Parks which are provided and maintained by a church, club, lodge or other non-profit organization. Parks, Playground, Recreation and Open Space: An area which has been dedicated, designed for or used for outdoor recreation activities; including City parks, and playgrounds, church or club-sponsored parks and playgrounds and privately developed parks and playgrounds within certain types of subdivisions. Parking Facility, Off-Site: Any property that is used for parking lots or parking garages to temporarily house vehicles usually for a fee. Parking Space: Space within a building or parking area exclusive of driveways, ramps, columns, office and working areas, for the parking of motor vehicles. Parking spaces shall be no less than twenty (20) feet in length and not less than ten (10) feet in width. Party Wall/Common Wall: A fire-resistive-rated wall assembly for exterior walls located on a lot line between adjacent Dwelling Units, which is used or adapted for joint service between the two dwelling units, and shall be constructed in accordance with Table R302.1 of the International Residential Code for exterior walls or such table as, may be amended in the future. Common walls shall be constructed without openings and shall create separate dwellings. Patient Care Space: Any space within a medical, chiropractic or dental clinic/office that is used for the examination or treatment of patients. This includes, but is not limited to, examination rooms, dental chairs, chiropractic tables, and operating rooms at full build out. Pedestrian Access: A pathway, sidewalk, or trail with a minimum unobstructed width of five (5) feet that is exclusively dedicated to non-motorized users and is designed and maintained according to the Americans with Disabilities Act (ADA). Page 13 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 Ammon City Council 08.01.2024Page 26 of 127 Performing Arts Production: A facility that will host productions in front of an audience, such as, drama, music and dance. Planning: The process of gathering information, evaluating that information, developing alternatives for future action and setting development goals and policy is commonly referred to planning and zoning commission and planning staff. It consists of identifying the physical, social, and economic factors which affect and are part of the goals and objectives; and after careful evaluation of the information and possible alternatives for the future, selecting a course of action which is most likely to bring the community closer to its desired goals. The products of this process usually include a comprehensive plan, plus zoning and subdivision ordinances that carry out the goals elucidated by the plan. Planning is a continuous process, because community goals and attitudes change, new information and philosophies emerge, and new economic and social conditions develop. This requires periodic re-evaluation of the previously established values and goals. Planned Unit Development (PUD): A development that is pre-planned in its entirety with the subdivision and zoning controls applied to the project as a whole rather than to individual lots. Therefore, densities are normally calculated for the entire development, usually permitting a trade-off between clustering of housing and provision of common open space. The density requirements of the zone are normally maintained in the development as a whole. The PUD is usually characterized by a unified site design and while most commonly used for residential development, the technique can also be applied to other forms of development such as shopping centers and industrial parks and mixed uses. The PUD also refers to the process of site-plan review, in which planning and zoning, staff and the governing board has considerable involvement in determining the nature of the development. The technique includes aspects of both subdivision and zoning regulations but permits a variation in the rigid zoning and subdivision regulations. A conditional use permit is required prior to the approval of a PUD. Planning and Zoning Commission: A group of citizens appointed by the mayor and confirmed by majority vote of the governing board. The planning and zoning commission is charged with overseeing the comprehensive planning process and implementing the plan through the zoning and subdivision ordinances. The commission serves in an advisory capacity to the governing board. The Local Land Use Planning Act describes the method of creation, powers, and duties of the planning and zoning commission. Plat: A plat is a map representing the subdivision of a parcel of land into lots, blocks, and streets or other divisions and dedications. A preliminary plat is an approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, and blocks in the subdivision. A final plat is the final drawing that is recorded with the county and fulfills the numerous requirements of the Idaho platting statute (Idaho Code Title 50, Chapter 13) and local regulations. Principal Use: The principal use is the main use of a lot or building as distinguished from a secondary or accessory use on the same lot. A dwelling is a principal use on a residential lot while a garage is an accessory use. Private EV Charging Station: See Electric Vehicle Charging Station (Private). Professional Services: Any service that is provided by an individual with special training or Page 14 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 Ammon City Council 08.01.2024Page 27 of 127 education in a specific field, such as, but not limited to: dental office, law office, medical office, mortuary, optometry, or veterinary office. Placement of these offices will be determined by s ize. Also see Service Industry. Public Building: For the purpose of this plan a public building will be any city, county, public school, fire district, recreational district, state, federal, or similar governmental building located Public EV Charging Station: See Electric Vehicle Charging Station (Public). Public Hearing: A published time and meeting place where citizens can voice their opinions on a proposal. Most public hearings are held before the planning and zoning commission with a recommendation sent to the governing board after citizen input. Public Records: In general, anything written or recorded by the City government. The Idaho Code notes presumption that all public records in Idaho are open at all reasonable times for inspection except as otherwise Public Use: A structure or use intended or used for a public purpose by a city, a school district, the county, the state, or by any other public agency, or by a public utility. Recreational Facility: Any facility that is used for enjoyment by individuals, such as, but not limited to: amusement enterprises, such as bowling alleys, carousels, swimming pools, amusement parks, animal shows (event permit required), arts & craft shows (event permit required), entertainment, circuses + carnivals (event permit required), flex space indoor for lease, indoor shooting facility (Conditional Use Permit required), petting zoo, or theater indoor. Repair Shop: Any facility that will fix or mend a product that has been broken in some way, these services may include, but are not limited to: auto body, auto painting, auto repair (no storage of wrecked or dismantled vehicles), HVAC, electronic devices, garages (commercial, no more than 10 wrecked or dismantles vehicles), plumbing, carpenter, small engine repair, tire repair, or upholstery. Also see Motor Vehicle Repairs. Residential Zone: A geographic area of the city where residential dwellings are a permitted use under the zoning ordinance. Restaurant: A permanent facility where people pay for prepared food that may be served on or off premise. Retail-Large Scale: Any business that sells goods to the consumer that has building space in excess of 5000 square feet. These stores may include the following but are not limited to: building materials, garden equipment, farm supplies, furniture, grocery store, small machinery sales, or sporting goods. Retail-Small Scale: Any business that sells goods to the consumer that has building space of 5000 square feet or less. These stores may include the following but are not limited to: antiques, appliances, auction house, automobile supply shops, bakeries & confectionery, book stores, camera and photo supply shops, clothing, computer sales, service & maintenance, convenience store, dairy products, craft shops, delicatessen, pharmacy, florist shop, garden supply, gift Page 15 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 Ammon City Council 08.01.2024Page 28 of 127 shops, grocery store, hobby supply, jewelry, laundromat, paint & wallpaper, pawn shop, pet store, wine/beer shop, stationary store, or upholstery. Rezoning: A change in the zoning district boundaries of the city ordinance. Rezones must be in accordance with the comprehensive plan and may be enacted only after public notice and hearing. Rooming House: See Boarding/Lodging House. Right of Way (ROW): The right of way is the right to pass over the property of another. It usually refers to the land required for the traffic lanes plus shoulders on both sides of roadways, railroads, bike and walking trails. It is normally the land that has been dedicated to the city (public) for traffic purposes. RV Park: The location designed for the accommodation of travel trailers as defined to provide safe, sanitary and attractive facilities for the use of travel trailers. RV Space: A lot or parcel of land in a trailer park designated for use of a travel trailer. Self-Service Storage Facility: A facility that contains storage space, such as rooms, lockers, or containers, rented to tenants usually on a short-term basis. Semi-Public Use: Any building or outdoor area that is available to the public for use either by membership or an admission fee. These areas may include, but are not limited to: civic, social, or fraternal organizations, clubs, community halls, swimming pools, or water park. Senior Independent Living Complex An independent living residence which offers rentable housing and usually one or more services to assist the resident. Residents are independent for the most part, but may like to have, or require some assistance in their daily routines. Services may but are not required to include the following: Help with grooming, bathing, shopping, providing meals, transport to appointments, etc. Service Industry: A facility that provides a service such as but not limited to: hair salon, barber shop, catering, dry cleaners, laundries, day/massage spa, laundromat. Also see Professional Service. Service Station: A facility which has pumps for the purpose of dispensing fuel or devices for the purpose of charging electric vehicles. This facility may or may not include a convenience store. Placement of this type of business will be determined by size. Setback: The shortest distance between the property line and the foundation, wall or main frame of the building. Cornices, canopies, eaves, or other similar architectural features not providing additional floor space within the building may extend into a required side, front or rear yard setback no more than three (3) feet. Setbacks will be measured from the property line to the foundation of the structure. Short-Term Rental: A short-term rental is a dwelling unit, or any portion thereof, that is offered to rent for a fee and for thirty (30) days or less. Short-term rentals shall not include a unit that is used for any retail, restaurant, banquet space, event center, or another similar use. Short-term rentals are prohibited in accessory structures not specifically designed for human habitation or within a recreational vehicle or travel trailer, except when located in an approved travel trailer court. Page 16 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 Ammon City Council 08.01.2024Page 29 of 127 Share Use Path/Trail: See Trails (Bicycle/Pedestrian) Shopping Center: An area or tract of land specifically set apart and zoned to provide commercial services of various types, according to an integrated, approved plan. Sidewalks: The portion of a street adjacent to or running parallel to a roadway. Sidewalks are that area designed and built for preferential or exclusive use by pedestrians. However, because many streets are too narrow to safely accommodate bicycles and motor vehicles, it may be necessary for bicyclists to share the sidewalk with pedestrians. When bicyclists must use the sidewalk, they must yield to pedestrians. At times this may necessitate the bicyclist becoming a pedestrian, by getting off of and walking beside the bicycle. Sign (Off-Premise): A business sign which directs the attention of the public to a business, an activity or to any commercial or non-commercial product(s) or service(s) that are sold offered or distributed from a location that is not on the same premises where such business sign is located. For the purposes of this ordinance, signs that contain two or more business names and that are located in a development platted and planned as one development or shopping center are not subject to this definition. Sign (Building Identification): A sign designed to identify a building either by name, address or both. Signed Shared Roadway (Signed Bike Route): See Trails (Bicycle/Pedestrian) Single Family Group Homes: For the purpose of the Ammon City Code a Group Home in any single-family residential zone shall be allowed pursuant to the requirement of the Idaho State Code 67-6531. Any group home operated within the City of Ammon shall comply with all the requirements and conditions of the Idaho State Code. Single Family Residence: A Single-Family Residence includes fully detached, semi-detached (semi-attached, side-by-side), row houses, and townhouses. In the case of attached units, each must be separated from the adjacent unit by a foundation-to-roof wall in order to be classified as a single-family structure. Said units must not share heating/air-conditioning systems or utilities. Units built one on top of another and those built side-by-side that do not have a foundation-to- roof wall and/or have common facilities (i.e., attic, basement, heating plant, plumbing, etc.) shall not be classified as single-family residences. Site Plan: A site plan is a scale drawing showing proposed structures and improvements for a parcel of land as required by the applicable regulations. It includes lot lines, lot area, streets, parking spaces, private roadways, walkways, topographic features, reserved open space, buildings and other structures, landscaping, and the location of proposed or existing utility easements. A site plan is a more detailed representation of a proposed development than shown in a plat, and may also include density and statistical data. Site Plan Review: Site plan review is the process whereby city staff and the planning and zoning commission, review the site plan of a development to assure that it meets the stated purposes and standards of the zoning and subdivision ordinance. Special Use Permit: See Conditional Use Permit. Page 17 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 Ammon City Council 08.01.2024Page 30 of 127 Spot Zoning: Spot zoning is a form of discriminatory zoning that serves to further the interests of a few private property owners instead of the welfare of the entire community as set forth in the comprehensive plan. Spot zoning is based on the arbitrary and inappropriate nature of a rezoning change rather than, as is commonly believed, the size of the area being rezoned. Standard Development Agreement: An agreement between the City and a developer which requires an owner or developer to make a written commitment concerning the use of development of a specific parcel of property as a condition of development. The agreement is binding and recorded so as to bind future owners. Storm Water: Water or runoff from rainstorms or snowmelt that does not soak into the ground or evaporate, but instead flows across surface areas such as lawns, parking lots, rooftops, streets etc. Storm Water Retention: An area of retention designed to contain storm water for a period of forty-eight (48) hours. Where green space serves as the required storm water retention areas, only grasses and vegetation compatible with water retention may be allowed. Story: That portion of a building included between the surface of a floor and the ceiling next above the floor. Street Fair: A fair that celebrates the character of a neighborhood. It is usually held on the main street of a neighborhood. Street: A public thoroughfare other than an alley also referred to as an arterial, collector or local. Street (Arterial): More detailed information for the following street designations can be found in the BMPO Access Management Plan at www.bmpo.org. Principal Arterials are major roadways that are intended to primarily serve through traffic so access to abutting properties is restricted. Minor Arterials are like principal arterials, except vehicle access is less restricted. Street (Collector): Major collectors are roadways that provide local circulation over moderate distances and link arterials to local streets. Except for individual residences, they may provide direct access to abutting properties. Residential collectors are like major collectors, except they provide local circulation over short distances and although discouraged, by City Engineer approval may be permitted to provide direct access to individual residences. Street (Local): Roadways that are intended to provide access to abutting properties and serve very little to no through vehicle traffic. Studio Commercial: A space where an individual or group sell either artwork or services. This could include but not be limited to: artist, musician, photographer, or dance instruction. Page 18 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 Ammon City Council 08.01.2024Page 31 of 127 Structural Alterations: Any change in the supporting members of the building, such as the bearing walls, columns, beams, girders or roof. Subdivision: The division of a developed or undeveloped tract or parcel of land into three (3) or more parts for the purpose, whether immediate or future, of sale or of building development. Subdivision is both the process and the result of laying out a parcel of undivided land into lots, blocks, streets, and public areas. Subdivision Regulations: Subdivision regulations are local ordinances that regulate the conversion of undivided land into building lots for residential or other purposes. The regulations establish requirements for streets, utilities, site design and procedures for dedicating land for open space or other public purposes to the local government or for fees in lieu of dedication, and prescribe procedures for plan review and payment of fees. Substantial Improvement: Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either: (1) before the improvement or repair is started, or (2) if the structure has been damaged and is structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. Surgical Center: See Hospital/Surgical Center. Swimming Pool (Private): A swimming pool serving as an amenity to and located within the lot of a primary dwelling unit. Swimming Pool (Public): A swimming pool located on a lot where a primary residence is not included on the same lot. Examples of public swimming pools would be a pool located within a subdivision for the use of all or part of the residents within the subdivision, regardless of the type of ownership of said swimming pool. Television and Radio Broadcasting Station: Television and Radio studios, see Title 10 Chapter 32 for antenna height regulations. Town House Dwelling: Two or more Single Family attached Dwelling Units within the same building separated by zero lot line construction where ownership of the individual dwelling units is independent of each other including specified ground around the individual dwelling units and no common ownership in the building or grounds exist. Town House Unit: A Single-Family Dwelling Unit contained in a Town House Dwelling. Trails (Bicycle/Pedestrian): For the purpose of this Code, the following definitions shall be included in the definitions referring to trails: (A) Bike Lanes: A portion of a roadway designated by striping, signing and pavement markings for the preferential or exclusive use of bicyclists. Bike lanes are striped lanes on existing roadways running parallel, and adjacent, to the outside motor lane. A bike lane is for the exclusive use of bicyclists and allows for one-way travel in the same direction as the motor vehicle with one lane on each side of the road. Page 19 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 Ammon City Council 08.01.2024Page 32 of 127 (B) Bikeway: A generic term for any road, street, path or way which, in some manner, is specifically designated for bicycle travel, regardless of whether such facilities are designated for the exclusive use of bicycles or are to be shared with other transportation modes. (C) Multi-Use Path/Trail: Paths entirely separated from the roadway, generally by a space of at least five (5) feet, except at infrequent intersections. Bicyclists, pedestrians and various other non-motorized users can use multi-use paths/trails. (D) Shared Use Path/Trail: A bikeway physically separated from motorized vehicular traffic by an open space or barrier and either within the street right-of-way or within and independent of right-of-way. Shared use may also be used by pedestrians, skaters, wheelchair users, joggers and other non-motorized users. (E) Signed Shared Roadway (Signed Bike Route): A shared roadway designated by signing as a preferred route for bicycle use. When signs are used, it indicates to bicyclists that particular advantages exist to using the route compared to alternates and the responsible agency has taken action to ensure the roadway is suitable and maintained. Trailer Court: See manufactured home court. Trailer House: See manufactured mobile home. Transportation Facility: A facility that provides boarding for transportation services or commercial trucking use, such as, but not limited to: bus depots, heliport, passenger railroad stations, or truck stops with layover facilities. Travel Trailer Park/Court: See RV Park Trailer Space: See RV Space. Travel Trailer: The term "travel trailer" shall mean and include all living accommodation units which are capable of unrestricted highway use and not placed upon any foundation. The term shall include, but not be limited to, travel trailers, motor home units, fifth wheels, and campers mounted on automotive vehicles. Vacant Although this category is primarily intended to specify those lands which have no particular use designation, this category is also used to specify lands which have been annexed but have not been issued a building permit or have been designated as transportation right-of- ways, major utility easements and waterways. The category could include both platted and unplatted lands. Vacation Rental: See Short-Term Rental. Variance: A waiver of specific regulations of this ordinance granted by the City in accordance with the provisions set forth in this ordinance for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same zone. Those requirements can be found in Chapter 9 section (10-9-8-B). Vertical Project: A vertical project/building can be any project or building containing two or more levels Page 20 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 Ammon City Council 08.01.2024Page 33 of 127 above grade. Wholesale: Sale of goods for resale as distinguished from sale of good to consumers. These include wholesale, resale and distribution centers with warehouses Yard: An open space on a lot with a building, which space is unoccupied or unobstructed from the ground upward, except as otherwise permitted in this ordinance. Yard (Front): The minimum horizontal distance measured from the building foundation or any projection thereof, excluding steps, that is closest to the street, to the property line adjacent to the street or if not facing a street, the minimum distance from the foundation to the required setback of the next adjacent building. Yard (Required): The open space around buildings which is required by the terms of this ordinance. Yard (Rear): An open, unoccupied space on the same lot as a building, measured from the building foundation closest to the rear lot line of the building (exclusive of steps) and the rear property line, and extending for the entire width of the lot. Yard (Side): A yard between the building and the side property line of the lot and extending from the street line to the rear of the lot, measured from the building foundation nearest to the side property line. Zero Lot Line: A property line which meets either of the following two conditions: 1. A property line runs through a solid, unbroken, not hollow wall running from the bottom of the basement or crawl space to the top of the ceiling of a building. Each property to either side of this dividing wall may install any needing support beams and an inner wall against the dividing wall. Utility lines (electric, telephone, cable, etc.) and pipes (water, sewer, natural gas, etc.) may be placed behind the inner wall, but in no case may any line, pipe or any other opening pierce the dividing wall. 2. A property line which runs between two buildings whose solid, unbroken outer walls, g walls, nor may any other opening in one touching wall align with any opening in the wall it touches. Zoning Ordinance: Zoning ordinance is the local law adopted by the governing body to assure orderly development according to specific standards established for the general public welfare and govern the types of permitted land uses, the maximum density or minimum lot size, building heights, setbacks and so on. Zoning ordinances consist of text and a zoning district map. The map divides the jurisdiction into districts (zones) for different types of development, while the text specifies what regulations apply to each district, including general provisions and administration. Zoo (Petting): Temporary or permanent events, open farms or premises where contact is permitted between approved animals and members of the public, whether a fee is charged or not. Page 21 of 21 CHAPTER 2 - DEFINITIONS REVISED 05-18-2023 Ammon City Council 08.01.2024Page 34 of 127 CHAPTER 5 SUPPLEMENTARY REGULATIONS TO ZONES SECTION: 10-5-1: Effect of Supplementary Regulations 10-5-2: Yard Space for One Building Only 10-5-3: Sale or Lease of required Space 10-5-4: Sale or Use of lots Below Minimum Space Requirements 10-5-5: Yards to be Unobstructed 10-5-6: Area of accessory Buildings 10-5-7: Additional Height, Allowed for Public Buildings 10-5-8: Clear View of intersection Streets and Ways 10-5-9: Effect of Street Plan 10-5-10: Dwelling Sites to Abut Upon a Public Street Exceptions 10-5-11: Flood Channels and Water Courses 10-5-12: Swimming Pools 10-5-13: Concessions in Public Parks and Playgrounds 10-5-14: Sewage Disposal 10-5-15: Storage of junk and Debris Not Permitted in Residence Zone 10-5-16: Trailers 10-5-17: Storage of Commercial Vehicles in Residential Zones Prohibited 10-5-18: Minimum Height of Main Buildings 10-5-19: Exceptions to Front and Side Set-Back Requirements 10-5-20: Advertising Signs in Residential Zones 10-5-21: Prohibition of Uses 10-5-22: Temporary Uses of land and Structures 10-5-23: Required Parking and Loading Areas 10-5-24: Landscaping 10-5-25: Penalty 10-5-26: Zoning Use Table 10-5-27 Medium and High-Density Location Criteria 10-5-28 Outdoor and Exterior Lighting 10-5-1: EFFECT OF SUPPLEMENTARY REGULATIONS: The regulations herein set forth in this chapter qualify or supplement, as the case may be, the regulations within zones appearing elsewhere in this ordinance. 10-5-2: YARD SPACE FOR ONE BUILDING ONLY: No required yard or other open space around an existing building or which is hereafter provided around any building for the purpose of complying with provisions of this ordinance shall be considered as providing a yard or open space for any other building nor shall any yard or any other required open space on an adjoining lot be considered as providing the yard or open space whereon a building is to be created or established. Page 1 of 20 SUPPLEMENTARY REGULATIONS REVISED 08-17-2023 05-18-2023 Ammon City Council 08.01.2024Page 35 of 127 10-5-3: SALE OR LEASE OF REQUIRED SPACE: No space needed to meet the width, yard, area coverage, parking or other requirements of this ordinance for a lot or building may be sold or leased apart from such lot or building unless other space so complying is provided. 10-5-4: SALE OR USE OF LOTS BELOW MINIMUM SPACE REQUIREMENTS: No parcel of land which has less than the minimum width or area requirements for the zone in which it is located may be cut off from a larger part of land for the purpose, whether immediate or future, of building or development as a lot. No residential lot meeting the requirements of Chapter 14, Section 3(B), if approved, under five thousand (5,000) square feet, and no other residential lot or parcel under eight thousand (8,000) square feet shall be considered as a buildable lot or parcel in the City of Ammon and - the City. Except for public and community utilities, no structure shall be placed on any undersized lot within the City without first being consolidated with an adjacent lot under the same ownership. 10-5-5: YARDS TO BE UNOBSTRUCTED--EXCEPTIONS: Every part of a required yard shall be open to the sky and unobstructed, except for permitted accessory buildings and for projection of sills, cornices, belt courses, etc., as follows: (A) Belt courses, sills, and lentils or other ornamental features may project not more than eighteen (18) inches into front, rear and side yards. (B) Cornices, eaves, and gutters may project into any front yard, side yard or rear yard not more than one-third (1/3) of the width of the minimum required side yard for the lot on which the building is to be erected. (C) Non-walled and non-roofed porches, terraces, balconies and steps may extend into any side yard not more than one-third (1/3) of the width of the minimum required side yard. (D) Non-walled and roofed porches, terraces, balconies may extend into any rear yard not more than one-half (1/2) of the depth of the minimum required rear yard. 10-5-6: AREA OF ACCESSORY BUILDINGS: No accessory building or group of accessory buildings in a residential zone shall cover more than thirty percent (30%) of the rear yard. 10-5-7: ADDITIONAL HEIGHT ALLOWED FOR PUBLIC BUILDINGS: Public buildings, public utility buildings, public and parochial schools and churches may be erected to any height, provided the building is set back from the required building set-back lines at least one (1) foot for each additional foot of building height above the maximum height or otherwise permitted in the zone in which the building is located. 10-5-8: CLEAR VIEW OF INTERSECTING STREETS AND WAYS: For the purpose of insuring reasonable visibility and safety in the residential districts and in the business districts which require buildings to be set back from the right-of-way line, a sight triangle shall be maintained on the corner of land adjacent to the intersection of two streets, or adjacent to the Page 2 of 20 SUPPLEMENTARY REGULATIONS REVISED 08-17-2023 05-18-2023 Ammon City Council 08.01.2024Page 36 of 127 intersection of an alley or driveway and a street. Where two streets intersect, the sight triangle shall be bounded by the point where the two property lines (or extension thereof) that are adjacent to the two streets intersect, and by the point on each property line located thirty (30.0) feet from the intersection point. Where an alley or driveway and a street intersect, the sight triangle shall be bounded by the point where the property line adjacent to the street, or extension thereof, and near side of the alley or driveway or extension thereof intersect, by the point on the property line located thirty (30.0) feet from the intersection point, and the point on the near edge of the alley or driveway located fifteen (15.0) feet from the intersection point, The sight triangle shall be free from structures, except as otherwise permitted in this section. Trees and other obstacles to clear sight in such triangles shall be trimmed at least seven feet above the top of curb to provide clear visibility up to that height, plus any additional height required to maintain visibility of street and traffic control signs. Trunks or other support structures shall not exceed twelve (12.0) inches in diameter, and (measured parallel to the street, alley, or driveway, from trunk or support structure center line to center line) shall not be closer to each other than twelve (12.0) feet. Shrubs, fences and walls, and other obstacles to clear sight located therein shall not exceed three (3.0) feet in height. When two alleys, drive aisles, or driveways intersect, sight must be maintained on the corner of land adjacent to the intersection the point. The sight triangle shall be bounded by the point on the near edge of the alley, drive aisle, or driveway located fifteen (15.0) feet from the intersection point. 10-5-9: EFFECT OF STREET PLAN: The establishment of planned street widths and building setback lines is necessary in order to insure that there will be adequate amounts of light and air to provide adequate visibility when entering or leaving the streets, to provide a proper setting for buildings away from the noise and fumes of traffic, to promote safety, to reduce congestion and to provide space for landscaping, both now and in the future when all streets and highways have been widened to their ultimate width. The City Council, after holding a public hearing on a proposal to establish the width of any street or group of streets, may establish said street widths; and such width determination shall be used in calculating the required yards and buildings setback lines set forth in this ordinance. Whenever a front or side yard is required for a building abutting on a street to be widened or constructed, as designated by the City Council, the depth of such front or side yard shall be measured from the planned street line; and no structure or building or any portion thereof shall be erected within the building setback lines. 10-5-10: DWELLING SITES TO ABUT UPON A PUBLIC STREET--EXCEPTIONS: At least one side of each lot used as a dwelling site shall abut upon a street which has been deeded, dedicated or abandoned to the public for street purposes, and the length of such abutting side shall be at least as great as the width required for dwelling sites in the zone in which said building Page 3 of 20 SUPPLEMENTARY REGULATIONS REVISED 08-17-2023 05-18-2023 Ammon City Council 08.01.2024Page 37 of 127 site is located. Except in dwelling groups (planned), or except where approved by the Board of Adjustment, every dwelling site shall face or front upon a public street. 10-5-11: FLOOD CHANNELS AND WATER COURSES: No building or structure, fence or other obstruction may be constructed within any natural waterway which has been designated as a floodway by the City Council, and no such waterway may be otherwise reduced in effectiveness in any manner by the dumping of garbage or other refuse or earth or by leveling or by obliteration. All applications for permits to construct buildings within seventy-five (75) feet of the banks of such designated natural flood channels shall be submitted to the Board of Adjustment. The Board of Adjustment may grant such a permit for a building or structure as a conditional use, subject to the following conditions: (A) Adequate measures are taken to insure the uninterrupted flow of water during floods. (B) Adequate measures are taken to protect the building or structure from damage due to floods. (C) Flood damage hazard to surrounding land and improvements will not be increased as a result of the construction of a building or structure for which a permit is requested. (D) All structures will be located in accordance with the plan of flood drainage adopted by the City Council. 10-5-12: SWIMMING POOLS: Swimming pools not completely enclosed within a building having solid walls shall be set back at least five (5) feet from the property lines and shall be completely surrounded by a fence of at least five (5) feet in height. There shall be no openings larger than thirty-six (36) square inches, except for gates, which shall be equipped with self- closing and self-latching devices. 10-5-13: CONCESSIONS IN PUBLIC PARKS AND PLAYGROUNDS: Concessions, including, but not limited to, amusement devices, recreational buildings and refreshment stands, shall be permitted on a public park or playground when approved by the City Council. 10-5-14: SEWAGE DISPOSAL: Where domestic sewage disposal facilities are to be used, which are not connected to a public sewer, approval of such facilities shall be obtained from the City before a building permit shall be issued therefor. Provided, however, that this provision shall in no way abrogate other ordinances or laws requiring connections to public sewers. 10-5-15: STORAGE OF JUNK AND DEBRIS NOT PERMITTED IN RESIDENCE ZONE: No yard or other open space surrounding an existing building in any residence zone, or which is hereafter provided around any building in any residence zone, shall be used for the storage of junk, debris or obsolete vehicles; and no land shall be used for such purposes, except as specifically permitted herein. 10-5-16: TRAILERS: No occupied trailer house shall be permitted in Ammon, Idaho, except when located in an approved trailer court, or except when used as a caretaker's dwelling incidental to the use of a lot for commercial or industrial purposes, or in connection with the construction of Page 4 of 20 SUPPLEMENTARY REGULATIONS REVISED 08-17-2023 05-18-2023 Ammon City Council 08.01.2024Page 38 of 127 a structure on the lot. As per City Code 10-30-9, travel trailers shall not be occupied except on a temporary basis of not to exceed thirty (30) days on any residential lot not located within a manufactured home court/mobile home park or travel trailer park. No unoccupied house trailer or mobile home shall be parked or allowed to remain in any required front yard or side yard which faces on a street in any residential zone. 10-5-17: STORAGE OF COMMERCIAL VEHICLES IN RESIDENTIAL ZONES PROHIBITED: The storage of commercial automobiles and the storage of trucks and construction equipment such as bulldozers, graders, cement mixers, compressors, etc., shall not be permitted on any lot in any residential zone, provided that construction equipment may be stored on a lot during the construction of a building thereon, but not to exceed one (1) year. 10-5-18: MINIMUM HEIGHT OF MAIN BUILDINGS: Basement houses shall not be permitted in any district or zone within the City limits. 10-5-19: EXCEPTIONS TO FRONT AND SIDE SET-BACK REQUIREMENTS: Where lots comprising forty percent (40%) or more of the frontage of any block on any street are structurally developed, no building hereafter erected or structurally altered shall project beyond the average front yard set-back so established. EXCEPTION: That no set-back requirement be more than the set-back established for the subject zone, and it is further provided that the front of no building which is to be located between two existing buildings, not exceeding one hundred and fifty (150) feet apart, will be required to set back further than the average of the two existing buildings. 10-5-20: ADVERTISING SIGNS IN RESIDENTIAL ZONES: Except as provided in Sections 10-34-17 and 10-34-18 of this City Code, no advertising signs shall be allowed in any residential zone. Signs advertising an allowed and licensed home occupation shall be allowed within any residential zone 10-5-21: PROHIBITION OF USES: Uses of land which are not expressly prohibited within this ordinance, except that the provisions of this ordinance shall not apply to properties or land owned by the State of Idaho, and by the United States Government. Nevertheless, the provisions of this ordinance are applicable not only to private persons, agencies and organizations, but also to all public agencies and organizations to the full extent that they may be enforceable in connection with the activities of any such public agencies or organizations. 10-5-22: TEMPORARY USES OF LAND AND STRUCTURES: Upon written application showing proof of need, the Board of Adjustment may authorize the issuance of a building permit and/or temporary certificate of occupancy for the use of land and/or the erection and use of buildings for a temporary use, provided that any such building permit shall be valid for a period of not to exceed one (1) year, and such temporary certificate of occupancy shall be valid for a period of one year, subject to renewal at the discretion of the Board of Adjustment for not more than two (2) successive periods. Temporary uses shall include only non-commercial concrete batching plants, both incidental and necessary to construction within the immediate area; temporary buildings or yards for construction materials and/or equipment both incidental and necessary to construction within the immediate Page 5 of 20 SUPPLEMENTARY REGULATIONS REVISED 08-17-2023 05-18-2023 Ammon City Council 08.01.2024Page 39 of 127 area, provided that no retail or wholesale outlet is maintained in connection therewith; temporary offices used in conjunction with the construction operations within the immediate area, or the sale of property within a project. 10-5-23: REQUIRED PARKING AND LOADING AREAS: (A) Off-street Parking Necessary. Off-street parking and loading space shall be provided in connection with the erection or change of use or occupancy, or the intensification of use of any building in accordance with the provisions of this ordinance, except that the Board of Adjustment, after a recommendation from planning and zoning, may reduce or eliminate the requirements for off-street parking under any of the following conditions: 1. When it can be shown that adequate parking space existed based on the ordinance in effect at the time the original or subsequent building permit was issued. 2. When the existence of a unique situation or condition mitigates the need for parking space to the extent required by a literal interpretation of this ordinance. 3. When a legal entity established for the purposes of supplying off street parking space has issued a statement to the City certifying that said legal entity will supply to the petitioner the required off-street parking space. (B) Parking and Loading Facilities, Non-Conforming. Any use of property which, on the effective date of this ordinance or of any subsequent amendment thereto, is non- conforming only as to the regulations relating to off-street parking and loading facilities may be continued in the same manner as if the parking and loading facilities were conforming. However, such parking and loading facilities as do exist shall not be further reduced unless substitute off street parking and loading space is provided which complies with the provisions of this ordinance. (C) Permissive Parking and Loading Facilities. Nothing in this Ordinance shall be deemed to prevent the voluntary establishment of off-street parking or loading facilities in excess of those required by this ordinance, provided that all regulations herein governing the location, design and operation of such facilities are adhered to. (D) Parking Spaces Required. The number of off-street parking spaces required for each use shall be not less than the number set forth herein. When calculating the required number of parking spaces, areas designated as easements for drive-through access to other buildings and other designated driveways shall not be used. 1. Required parking, residential zone. These requirements shall pertain to all residential zones existing now, and those that may be added in the future, as defined by Section 10-11-1(A) excluding the RMH zone. (a) Number required. Page 6 of 20 SUPPLEMENTARY REGULATIONS REVISED 08-17-2023 05-18-2023 Ammon City Council 08.01.2024Page 40 of 127 i. One- or two-unit dwellings shall provide two (2) parking spaces per dwelling unit. ii. Three or more-unit dwellings shall provide as follows: Studio, One (1) or two (2) bedroom units shall provide two (2) parking spaces per dwelling unit. Three (3) or more bedroom units shall provide two and one-half (2-1/2) parking spaces per dwelling unit. EXCEPTION: A reduction in the number of spaces required to one for each three units in residential developments designed for occupancy exclusively by the elderly. To qualify for this exception the applicant must provide written assurance that the occupants of all units will be persons over 62 years of age or their spouses. (b) Location of parking spaces for dwellings. Applicable to all zones (except those in which dwellings are not permitted). For single family detached dwellings in zones requiring ten thousand (10,000) or more square feet per lot, and for single family attached townhouse dwellings (those attached to adjacent units only via zero lot lines) in zones permitting no more than two (2) dwelling units per building, a minimum of two (2) spaces per dwelling unit for parking of automobiles shall be enclosed in a garage attached to the dwelling unit. For single family attached townhouse dwellings in zones permitting three (3) or four (4) dwelling units per building, a minimum of one (1) of the required parking spaces for each dwelling unit shall be enclosed in a garage attached to the dwelling unit. For single family attached dwelling in zones permitting five (5) or more dwelling units per building, a minimum of one (1) of the required parking spaces for each dwelling unit shall be within a carport or garage (attached or detached). For all other dwellings a minimum of one (1) space for parking of automobiles for dwelling units shall either be enclosed in a garage or carport, or sufficient yards must surround the parking space so that the parking space can be enclosed in a building or carport that maintains the minimum setbacks required in the zone. Additional parking required must meet the requirements of the zone in which it is located. Such parking spaces shall be located on the same lot as the building, except as may be permitted by the Board of Adjustment. The Board of Adjustment may authorize the Zoning Administrator to permit off-street parking spaces to be located off such lot if all of the following criteria are met: i. It would impose an unnecessary hardship upon the property of the appellant to insist that the off-street parking facilities be located on the same lot as the dwellings. Page 7 of 20 SUPPLEMENTARY REGULATIONS REVISED 08-17-2023 05-18-2023 Ammon City Council 08.01.2024Page 41 of 127 ii. Substitute off-street parking facilities can be conveniently provided off such lot and within four hundred (400) feet. iii. A lease for a term of not less than five (5) years to use the substitute parking space can be secured by the appellant, or else the substitute parking space is owned by the appellant. (c) Garage access. All parking spaces in a garage must have direct vehicle access to a door leading to the exterior, without being blocked by another vehicle. Except for where each parking space has its own door to the exterior on either end of the garage. Tandem garages are permitted in the residential zone of RE, RP, RP-A, and R-1, subject to building permit and current building codes adopted by the City of Ammon. Tandem garages shall be no more than two spaces in depth. The parking space provided by a tandem garage shall not be considered in the minimum required parking spaces for automobiles. (d) When the required parking area for a multi-family dwelling is provided in the rear of the dwelling, that dwelling shall have a direct access to the rear parking area. No parking in the rear of a multi-family dwelling that does not contain a rear yard entrance from the dwelling shall be counted as meeting the required parking for said dwelling. (e) All alley loaded residential units shall have a minimum driveway length of twenty (20) feet measured from the edge of asphalt, or back of sidewalk if applicable, to the foundation wall. 2. Required parking, commercial zones. These requirements shall pertain to all commercial zones existing now, and those that may be added in the future, as defined by Section 10-11-1-(B) excluding the PB zone. (a) Number required. i. Automobile and machinery sales, excluding automobile sales facilities that do not perform vehicle repair or services: One (1) for each seven hundred fifty (750) square feet of floor area. ii. Banks: One (1) for each five hundred (500) square feet of floor area. iii. Bowling Alleys: Five (5) for each alley. Additional parking spaces for balance of building calculated according to use. iv. Retail establishments and Service Establishments otherwise not enumerated in this section, such as drug stores, department stores, repair shops, animal hospitals, business schools, dance Page 8 of 20 SUPPLEMENTARY REGULATIONS REVISED 08-17-2023 05-18-2023 Ammon City Council 08.01.2024Page 42 of 127 studios: three (3) for each one thousand (1,000) square feet of building floor area, except area devoted exclusively to warehousing or storage, v. Theaters, auditoriums, stadiums, sports arenas, gymnasiums: One (1) for each three (3) fixed/bench seats or one (1) for every thirty-five (35) square feet of seating area, where there are no fixed/bench seats. Also, one (1) for each six hundred (600) square feet of floor area not used for seating. vi. Cafes, cafeterias, restaurants and other similar places dispersing food or refreshments: One (1) for each five (5) fixed/bench seats or for every thirty-five (35) square feet of seating area where there are no fixed/bench seats. vii. Dance halls and skating rinks: One (1) for each five (5) fixed/bench seats or for every thirty-five (35) square feet of seating area where there are no fixed/bench seats, plus one (1) parking space for each seventy-five (75) square feet of floor area used for dancing or skating. viii. Furniture sales and repair, major household appliance sales and repair: One (1) for each one thousand (1,000) square feet of floor area. ix. Hotels and Motels: One (1) for each living or sleeping unit, plus one (1) for each employee on the largest shift. x. Medical, chiropractic and dental clinics and offices: One (1) for each patient care space, plus one (1) for each employee on the largest shift. xi. Mortuary and funeral home: One (1) for each five (5) fixed/bench seats of all areas used simultaneously for assembly purposes or for each thirty-five (35) square feet of floor space used for such assembly purposes. Also, one (1) for each vehicle used in connection with the use. xii. Drive-ins (involving no inside seating): One (1) space for each thirty-five (35) square feet of building floor area, plus one space for each employee on the largest shift. xiii. Open air commercial uses, such as nurseries and vehicle sale lots that do not have vehicle repair or service facilities: One (1) for each two thousand (2,000) square feet of lot area devoted to sales and display. Page 9 of 20 SUPPLEMENTARY REGULATIONS REVISED 08-17-2023 05-18-2023 Ammon City Council 08.01.2024Page 43 of 127 xiv. Plumbing, heating and electrical shops: One (1) for each six hundred (600) square feet of floor area, plus one (1) for each vehicle used in connection with the use. xv. Convalescent Home: One (1) for each five (5) patient beds, plus one (1) for each employee on the largest shift. xvi. Rooming house, dormitory, fraternity house and sorority house: One (1) parking space for each sleeping room or one parking space for each one hundred (100) square feet of floor area used for sleeping purposes, whichever is greater. xvii. Skilled Care/Assisted Living: One (1) space per five (5) patient beds, plus one (1) for each employee on the largest shift. 3. Required parking Professional and Manufacturing. These requirements will pertain to professional office or manufacturing zones existing today and those that may be added in the future. Zones included are: PB and M-1. i. Professional business or administrative offices (excluding medical, chiropractic and dental): One (1) for each three hundred (300) square feet of floor area. ii. Professional business or administrative offices with no customers that visit the site: One (1) for each three hundred (300) square feet of floor area. iii. Manufacturing, processing or fabricating establishments: One (1) for each seven hundred fifty (750) square feet of working space. 4. Required parking, industrial and warehousing uses. Number required. Industrial and warehouse uses: One (1) space for each one thousand (1,000) square feet of floor area, plus one (1) for each vehicle used in connection with the use. 5. Required parking, other uses. (a) Number required. i. Churches, clubs, lodges, fraternal organizations, social halls, assembly halls: One (1) for each five (5) fixed/bench seats in all areas used simultaneously for assembly purposes or one (1) for each thirty-five (35) square feet of floor space used for such Page 10 of 20 SUPPLEMENTARY REGULATIONS REVISED 08-17-2023 05-18-2023 Ammon City Council 08.01.2024Page 44 of 127 assembly purposes where there are no fixed/bench seats. whichever is greater. ii. Governmental buildings designed for a public use not otherwise enumerated in this section, such as public libraries: One (1) for each six hundred (600) square feet of floor area. iii. Hospitals and sanitariums: One and one-half (1-1/2) spaces for each patient bed. iv. Public utility facilities, including electrical substations, telephone exchanges, maintenance and storage facilities: One (1) for each six hundred (600) square feet of office space or work area within a structure. Also, one (1) for each vehicle used in connection with the use. No requirements for facilities which are normally unattended by employees, except for occasional maintenance. v. Public or private elementary and junior high schools: Ten (10) spaces, plus one (1) space for each full-time equivalent employee. vi. Public or private high schools: One (1) for each ten (10) students, plus one (1) for each full-time equivalent employee. 6. Required parking, uses not mentioned. The required off-street parking for any building, structure or use of land of a type which is not listed in this section shall be determined by the Board of Adjustment. The Board of Adjustment shall be guided as much as possible by comparison, with similar uses, which are listed. (E) Location and Control of Parking Facilities, Other Than Dwellings. The off-street parking facilities required by this ordinance in connection with uses other than dwellings shall be located on the same lot or parcel of land as the use they are intended to serve, except that a substitute location may be provided which meets the following conditions: 1. All or part of substitute location is within four hundred (400) feet from the principal use for which the parking is being provided. Said distance shall be measured as a walking distance along a public street or sidewalk. Substitute parking must be directly accessible from the parking area to the principal use. In any case that an arterial roadway must be crossed to access substitute parking, there must be an approved crosswalk and any required control devices as required by the City Engineer shall be provided. 2. The substitute lot is possessed by the same owner as the use it is intended to serve, or is possessed by a legal entity established for the purpose of providing off-street parking facilities for its members. Such possession may be by deed or long-term lease, the terms of which meet the approval of the City Council. The present and future owners of the substitute lot shall be bound by covenants filed in the office of the County Recorder, or by a certificate from the legal entity Page 11 of 20 SUPPLEMENTARY REGULATIONS REVISED 08-17-2023 05-18-2023 Ammon City Council 08.01.2024Page 45 of 127 entitling the owner and his customers to parking privileges. The owner of such use shall be required to maintain the number of parking spaces for the duration of the use served. (F) Computation of Required Parking Space. For the purpose of computing off street parking spaces, which are required by this ordinance, the following rules shall apply: 1. Floor area shall mean gross floor area, unless otherwise specified for a particular use. (See definition.) 2. In stadiums, sports arenas, churches and other places of assembly in which benches or pews are used in place of seats, each eighteen (18) inches of length of such benches or pews shall be counted as one (1) seat. 3. When determination of the number of off-street parking spaces results in a requirement of a fractional space, any fraction of less than one half (1/2) may be disregarded, while a fraction of one-half (1/2) or more shall be counted as one (1) required parking space. 4. In the event a use normally existing in a more restrictive zone is placed in a less restrictive zone the requirements from the most restrictive zone shall apply when calculating the parking needs. EG. A commercial use placed in an I&M zone would require the same requirements as would normally be required in the commercial zone. 5. When calculating parking for a building containing three (3) or more attached dwelling units the garage shall be used as one-half (1/2) of a parking space per garage stall. 6. Calculations of parking spaces for building permits are based on the zone and input from the property owner at the time the building permit is issued. Issuance of a building permit does not guarantee the issuance of a business license. Business licenses are issued based on the use of the business at the time of application and all parking requirements must be met prior to the issuance of a business license. All parking requirements are the responsibility of the property owner. (G) Combined Parking Facilities. The required off-street parking and loading facilities may be provided collectively for two (2) or more buildings or uses, provided that the total number of parking spaces shall be not less than the sum of the requirements for each of the individual uses, and provided that all other requirements of this ordinance are met. Parking may only be combined in the case of single ownership of the shared buildings or with a common area agreement allowing shared parking and loading facilities and, in such case, properties must be adjacent to one another. The common area agreement must be on file with the City. Page 12 of 20 SUPPLEMENTARY REGULATIONS REVISED 08-17-2023 05-18-2023 Ammon City Council 08.01.2024Page 46 of 127 (H) Mixed Uses. Calculation of parking requirements for a new building shall be done at the minimum requirement of the zone which the use is located in. In the event that two (2) or more uses occupy the same building, lot or parcel of land, the total requirements for off-street parking and off-street loading space shall be in the sum of the requirements of the various uses computed separately. When calculating mixed uses for an existing building and those mixed uses operate and create different demands of parking based on the operating hours and/or peak hours of operation the parking requirements may be reduced below the combined total of the two uses. Reduction in parking requirements shall only be allowed after a presentation of the hours and/or peak hours of the given uses to the reviewing staff for business licensing. (I) Size of Parking Spaces. No off-street parking space shall have dimensions of less than ten (10) feet in width and twenty (20) feet, in length. The size of a required parking space shall be determined by City policy 50-003 as standards adopted by the City of Ammon. No part of the area of a required parking space shall be used for driveways, aisles or other required improvements. Stalls under the minimum size shall not be included in the calculation for required parking spaces. (J) Access to Parking Facilities. Access driveways shall be provided for ingress to and egress from all parking and loading facilities. Each parking and loading space shall be easily accessible to the intended user. The width of driveway entrances and exits from a public street shall be as set forth in City ordinances controlling and regulating access to public streets. (K) Other Access Requirements. The following additional requirements shall govern access to off-street parking facilities: 1. Forward travel to and from parking facilities from a dedicated street or alley is required for all uses except residential. The parking area shall be adequate to facilitate the turning of vehicles to permit forward travel upon entering a street. 2. All uses, which adjoin a major or secondary highway, shall, wherever possible, have access by way of a service road or alley. 3. The access to all off-street parking facilities shall be designed in a manner, which will not interfere with the movement of traffic. 4. Access driveways across sidewalks or pedestrian ways shall be designed in such a manner as to promote pedestrian safety. (L) Circulation Within a Parking Area. The circulation within a parking area shall comply with the following requirements: Page 13 of 20 SUPPLEMENTARY REGULATIONS REVISED 08-17-2023 05-18-2023 Ammon City Council 08.01.2024Page 47 of 127 1. Minimum aisle widths shall be provided in accordance with the angle of the parking spaces they serve: 30° Parking - 12 feet 45° Parking - 12 feet 60° Parking - 18 feet 90° Parking - 24 feet Other aisle widths shall be determined by interpolation from the above minimum requirements. 2. Circulation within a parking area with more than one (1) aisle must be such that a car need not enter the street to reach another aisle within the same parking area. (M) Location of Parking Facilities Restricted. The location of parking and loading facilities shall comply with the following: 1. In Residential Zones, the parking required by section 10-5-23-(D)-1-(b), shall not be permitted in the required front yard or the required side yard that faces on a street. Parking may be permitted in other required side and rear yards in the residential zones, providing all other requirements of this ordinance are met. 2. In the Business Commercial and Industrial Zones, the required yard areas may be used for parking (except when specifically prohibited in the zone), provided that a protective curb shall be installed not less than two (2) feet from the edge of the sidewalk or in the case where there is no sidewalk then two (2) feet from the edge of the street line to prevent the use of the sidewalk for automobile parking, bumper overhang and travel purposes. 3. No part of any parking area for more than five (5) vehicles shall be closer than ten (10) feet to any residence, school, hospital or other institution for human care located on an adjoining lot, unless screened by a masonry wall or hedge not less than four (4) feet in height. (N) Development and Maintenance of Parking Areas. Every parcel of land hereafter used as a public or private parking area, including a commercial parking lot and a vehicle sales area, shall be developed and maintained in good condition and in accordance with the provisions of this ordinance and the requirements of the zone in which the parking space is located. All commercial parking areas, parking area drive aisles and commercial drive aisle/sales areas shall be constructed of hard surface material such as but not limited to asphalt and concrete. All areas required to be hard surface that are adjacent to the front of a building, the frontage of a city street or the area adjacent to a required landscape area shall be either asphalt or concrete, or on a case-by-case basis, similar material that may be approved by the City Engineer. Areas in the rear of a commercial or industrial building contained in a fenced area are not required to be hard surface but must be maintained weed free and with gravel in any area that is used for parking and/or storage. Page 14 of 20 SUPPLEMENTARY REGULATIONS REVISED 08-17-2023 05-18-2023 Ammon City Council 08.01.2024Page 48 of 127 (O) Lighting of Parking Areas. Any lighting used to illuminate off-street parking facilities or vehicle sales area shall be so arranged as to reflect the light away from the adjoining premises in any residential zone. (P) Limitation on Use of Required Parking Areas. Required parking areas shall be used exclusively for vehicle parking in conjunction with a permitted use and shall not be reduced or encroached upon in any manner. Parking areas above minimum standards may be used for special events or merchandise stands providing any required permits have been obtained from the City. The parking facilities shall be so designed and maintained as not to constitute a nuisance at any time, and shall be used in such a manner that no hazard to persons or property, or unreasonable impediment to traffic will result. (Q) Continuing Obligation. The required off-street parking and loading facilities shall be a continuing obligation of the property owner so long as the use requiring vehicle parking or vehicle loading facilities continues. It shall be unlawful for an owner of any building or use to discontinue or dispense with the required vehicle parking or loading facilities without providing other vehicle parking or loading area which meets the requirements of this ordinance. (R) Site Plan Approval Required. At the time a building permit is requested for any building or structure, or at the time a new use of land which would require off-street parking is established, a site plan shall be submitted showing the proposed development of the property, including the layout and development of the parking and loading facilities; except that said plans shall not be required when parking space is to be provided by a legal entity established for the purpose of providing off street parking facilities. All parking and loading spaces shall be designated, as well as the access aisles and other improvement. The Zoning Administrator may disapprove such plans if they are found to be inconsistent with the requirements of this ordinance. (S) Required Off-street Loading Space. One (1) off-street loading space shall be provided and maintained for every building or separate occupancy having a gross floor area of ten thousand (10,000) square feet or more which requires the receipt or distribution of goods, material merchandise or supplies by vehicle, except that the Board of Adjustment may permit off-street loading facilities for two (2) or more buildings to be combined. One (1) additional loading space shall be provided for each additional twenty thousand (20,000) square feet of gross floor area of such building or for each vehicle which must be loaded or unloaded at the same time, whichever requirement is greater. Each required off-street loading space shall not be less than ten (10) feet in width, twenty-five (25) feet in length and fourteen (14) feet in height. Such required off-street loading space shall be provided on the same lot as the building or principal use, except that the Board of Adjustment may authorize the use of substitute loading facilities subject to the following conditions. 1. The substitute off-street loading facilities are conveniently located on nearby property. Page 15 of 20 SUPPLEMENTARY REGULATIONS REVISED 08-17-2023 05-18-2023 Ammon City Council 08.01.2024Page 49 of 127 2. Use of public streets or alleys will not be required in loading and unloading activities, and all such activities can be conducted off public rights-of-way. 10-5-24: LANDSCAPING: The purpose of the landscaping requirements in this ordinance shall be to bring relief from heat, noise and glare through proper placement of green plants and trees and to enhance, conserve and stabilize property values by encouraging pleasant and attractive surroundings. (A) Landscaping Defined. Landscaping shall mean some combination of planted trees, shrubs, vines, ground cover, flowers or lawns. In addition, the combination or design may include rock and such structural features as fountains, pools, art works, screens, walls, fences or benches, but such objects alone shall not meet the requirements of this ordinance. The selected combination of objects for landscaping purposes shall be arranged in a harmonious manner. (B) Landscaping and Screening Required. In zones requiring landscaping there shall be a landscaped strip of lawn, shrubbery and/or trees provided and maintained along the entire length of any street within the zone. A landscaping width of thirty (30) feet for all developments abutting any arterial street shall be required. Developments abutting a collector street shall provide a fifteen (15) foot buffer along the collector. Developments having frontage on both an arterial and a collector or local street shall provide the above landscaping requirements on both streets. The landscaping plan shall show the location and species of all plants, along with plans for sprinkler irrigation and other landscape features. Additional landscaping may be required as determined by the Planning and Zoning Commission or the Governing Board. (C) Maintenance. Required landscape areas shall be maintained in a neat, clean orderly and healthful condition. This is meant to include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants, when necessary, and the regular watering of all plantings. Required landscaped areas shall be provided with a suitable permanent method for watering or sprinkling of plants. This watering system shall consist of sprinklers or hose bibs to insure a sufficient amount of water for plants within the landscaped area. (D) Screening Requirements. Screening shall be provided between residential and non- residential zones. Screening shall consist of evergreen shrubs closely spaced, walls, fences to be maintained at a minimum height of six (6) feet unless otherwise specified. In some cases, (E) Site Plan Required. Where landscaping is required in this ordinance, a site plan showing the proposed landscaping development, water system and use of the property shall be submitted to the Zoning Administrator. The same site plan used to show parking layout or other requirements for the issuance of a building permit may be used, providing all proposed landscaping is adequately detailed on said site plan. The Zoning Administrator may disapprove such plans if it is determined that they are not consistent with the purposes of this ordinance. Page 16 of 20 SUPPLEMENTARY REGULATIONS REVISED 08-17-2023 05-18-2023 Ammon City Council 08.01.2024Page 50 of 127 (F) Nonconforming Status. Any use of property which, on the effective date of this ordinance or any subsequent amendment thereto if non-conforming only as to the regulations, relating to landscaping may be continued in the same manner as if the landscaping was conforming. However, such may not be increased in intensity except in accordance with the requirements of the ordinance shall not be reduced unless suitable substitutions are made which would meet the requirements of this ordinance. (G) Time to Complete. In zones requiring landscaping, no certificate of occupancy shall be granted until landscaping has been installed in accordance with the approved landscape plan for such property. Where the Board of Adjustment determines it is warranted, an exception to this requirement may be granted, subject to such terms and conditions as imposed by the Board to assure completion of installation of all required landscaping by a later, specified date. 10-5-25: Penalty: Any person, firm or corporation, whether as principal, agent, employee or otherwise who fails to comply with the conditions and or requirements this chapter shall be guilty of an infraction and shall be subject to penalties prescribed for such violations under section 1-4-2 of this code. Each day such violation continues, shall be a separate violation, which shall be deemed as a separate infraction and a citation may be issued therefore. Violations shall be assessed on a per violation per day basis. 10-5-26: Zoning Use Table: Uses are shown by zone as allowed, not allowed or allowed by conditional use permit (CUP) or master plan approval (MP). See zoning use tables in §10-37 District Use Matrix and §10-35-2. 10-5-27: Medium and High-Density Location Criteria: The following criteria pertains to all property developments zoned R-2 or higher. (A) Criteria Applicable to ALL Medium and High-Density Projects. 1. Principal or Arterial Street Location. High-density projects must be located directly on a principal or arterial street, as defined by the currently adopted definitions of the Bonneville Metropolitan Planning Organization (BMPO); and 2. Collector Streets. Collector Streets may be considered if projects meet all other criteria; and 3. Prohibited Access. A high-density development shall not require access to an arterial through a lower density residential development; and 4. Design Review. All high-density projects require Design Review approval prior to seeking a building permit; and 5. Maximum Density. Developments shall not exceed the maximum density allowed by the underlying zoning district; and 6. School District Comments. Prior to any consideration by the Planning and Zoning Commission, comments shall be requested from Bonneville School District 93. (B) R-2: Criteria Applicable to Medium density Project in R-2 Zone 1. All criteria as required by Section 1; and Page 17 of 20 SUPPLEMENTARY REGULATIONS REVISED 08-17-2023 05-18-2023 Ammon City Council 08.01.2024Page 51 of 127 2. Minimum Development Acreage. Developments shall be a minimum of two (2) acres. (Note: Minimum acreage does not apply to infill projects); and 3. Maximum Development Density. R-2 development shall not exceed eighty (80) units total per development; and 4. Public Green Space. If the development does not provide public green space, the development must: a) Be located within one-half (1/2) mile walking distance of a city park, as measured along any line that meets the definition of Pedestrian Access; and b) Have or provide direct pedestrian access to the park; and c) Contribute financially to enhancing park infrastructure; and 5. Platting of Units. All units must be individually platted. (C) R2-A: Criteria Applicable to Medium density Project in R2-A Zone 1. All criteria as required by Section 1; and 2. Minimum Development Acreage. Development shall be a minimum of three (3) acres. (Note: Minimum acreage does not apply to infill projects); and 3. Maximum Development Density. R2-A development shall not exceed one hundred twenty (120) units total per development; and 4. Required Amenities. Developments shall be within one-half (1/2) mile walking distance, as measured along any line that meets the definition of Pedestrian Access, to a commercial area that provides grocery shopping and either retail shopping or dining. Development shall have or provide direct and uninterrupted Pedestrian Access to the required amenities; and 5. Public Green Space. If the development does not provide public green space, the development must: a) Be located within one-half (1/2) mile walking distance of a city park, as measured along any line that meets the definition of Pedestrian Access; and b) Have or provide direct Pedestrian Access to the park; and c) Contribute financially to enhancing park infrastructure; and 6. Platting of Units. All units must be individually platted. (D) R-3 & R3-A: Criteria Applicable to High-density Projects in R-3 and R3-A Zone 1. All criteria as required by Section 1; and 2. Minimum Development Acreage. Development shall be a minimum of four (4) acres. (Note: Minimum acreage does not apply to infill projects); and 3. Maximum Development Density. R-3 or R3-A development shall not exceed 200 units total per development; and 4. Required Amenities. Developments shall be adjacent to a commercial area and within a quarter (1/4) mile of grocery shopping, as measured along any line that meets the definition of Pedestrian Access. Development shall have or provide direct and uninterrupted Pedestrian Access to the required amenities; and 5. Private Green Space. Development shall provide privately owned green space within the development; and 6. Public Green Space. R-3 and R3-A developments shall: a) Be located within one-half (1/2) mile of a public city park or donate a public city park through the platting process; and Page 18 of 20 SUPPLEMENTARY REGULATIONS REVISED 08-17-2023 05-18-2023 Ammon City Council 08.01.2024Page 52 of 127 b) Have or provide direct pedestrian access to the park; and c) Contribute financially to enhancing park infrastructure; and 7. Setbacks. If the development shares a property line with a low-density residential area, all buildings located along the shared property line between the project and the low-density residential area shall have a setback of twenty-five (25) feet plus four (4) feet for every one (1) foot of building height. Building height is measured to the top plate. a) Example: If Building Height is thirty (30) feet, setback would be: 25 + (4 x 30) = 145 feet; and 8. Agency Comments Requested. Prior to any consideration by the Planning and Zoning Commission, R-3 and R3-A developments shall seek comments from the following outside agencies: Bonneville School District 93, Bonneville County Fire District, Bonneville County Road and Bridge, the Bonneville County Sheriff's Office, Eastern Idaho Regional Sewer District (EIRSD), Iona Bonneville Sewer District (IBSD), Falls Water, Progressive Irrigation, and the Idaho Canal Company (if applicable). 10-5-28: Outdoor and Exterior Lighting. The purpose of the outdoor and exterior lighting requirements in this ordinance shall be to conserve the darkness of the night sky for residents and promote high-quality light design and prevent light pollution, trespass, and glare through proper placement and standards of outdoor lighting fixtures and luminaires. (A) Outdoor and Exterior Lighting Defined. Lighting types to be considered include, but are not limited to, street lighting, parking lot lighting, building exterior lighting, landscape lighting, plaza, walkway and trail lighting. (B) Application. 1. New Lighting. All new outdoor and exterior lighting fixtures and luminaires shall comply with the requirements of this ordinance. 2. Additions or Modifications to Existing Structures. Any exterior modification, alteration, or repair greater than fifty percent of the floor area or valuation of the building, as determined by the City, shall require compliance with the requirements of this ordinance. 3. Existing Lighting and Nonconforming Status. Any use of property which, on the effective date of this ordinance or any subsequent amendment thereto if non- conforming only as to the regulations, relating to outdoor lighting may be continued in the same manner as if the outdoor lighting was conforming. However, such may not be increased in intensity except in accordance with the requirements of the ordinance which shall not be reduced unless suitable substitutions are made which would meet the requirements of this ordinance. (C) All outdoor lighting fixtures and luminaires shall comply with the outdoor lighting standards established by the International Dark Sky Association. Lighting design shall promote dark sky principles which seek to minimize light pollution and degradation of the nighttime skies by incorporating lighting practices that minimize the amount and area of illumination. Such practices include: Page 19 of 20 SUPPLEMENTARY REGULATIONS REVISED 08-17-2023 05-18-2023 Ammon City Council 08.01.2024Page 53 of 127 1. Providing lighting fixtures with lamp wattages designed for the minimum level required by the use. 2. Providing energy efficient light sources. 3. Minimizing light trespass and glare by aiming fixtures downward and shining light only where it is needed and providing appropriate shielding as necessary to ensure that little or no unwanted light falls directly onto adjacent property. 4. Minimizing the duration of illumination of certain light sources by having lights out as long as practical. Owners and tenants are encouraged to limit the times of lighting whenever practical. 5. Special attention shall be given regarding lighting between commercial and residential uses. 6. All new fixtures must either carry the International Dark Seal of Approval or meet equivalent dark sky standards consistent with this ordinance. (D) Site Plan Required. An outdoor lighting and photometric plan shall be submitted to the Zoning Administrator with all commercial and multi-family site plan submittals. The same site plan used to show parking layout or other requirements for the issuance of a building permit may be used, providing all proposed outdoor lighting is adequately detailed on said site plan. The Zoning Administrator may deny such plans if it is determined that they are not consistent with the purposes of this ordinance. (E) Lighting standards for signs can be found in City Code Title 10 Chapter 34. (F) Exemptions. 1. Emergency Lighting. Emergency lighting that is only turned on in the event of an emergency is excluded from the requirements of this ordinance. 2. Emergency Services Lighting. Any high-intensity lights are permitted for use by police, fire, medical, or utility personnel at their direction. 3. Residential Landscape Lighting. Low wattage decorative light fixtures, temporary decorative holiday lighting, and solar operated light fixtures are allowed. 4. Recreational Facilities and Athletic Fields. Outdoor recreational facility lighting shall be designed to limit its impact on surrounding uses. Recreation lighting must be extinguished by 11:00 p.m. or within one (1) hour of the end of active play. Page 20 of 20 SUPPLEMENTARY REGULATIONS REVISED 08-17-2023 05-18-2023 Ammon City Council 08.01.2024Page 54 of 127 CHAPTER 27 ZONING OVERLAYS SECTION: 10-27-1: Animal Overlay (AO-) 10-27-2: Planned Transition Overlay (PT-) 10-27-3: Conditional Use Permit Overlays (CUP-) 10-27-4: Planned Unit Development (PUD-) 10-27-1: ANIMAL OVERLAY: (A) GENERAL OBJECTIVES AND CHARACTERISTICS OF THE ANIMAL OVERLAY: The objective in establishing the Animal Overlay is to designate those areas of the City in which livestock, specifically horses, cattle and sheep, can be pastured. The purpose of this overlay is to prohibit the pasturing of livestock in higher density areas, thus causing a public nuisance and a public hazard to those living in the area. In order to accomplish the objectives and purposes of this ordinance and to promote the characteristics of this overlay, the following regulations shall apply in the Animal Overlay. This overlay formerly known as the O-L-6 Overlay Zone which was exclusive to animals has been discontinued and is no longer granted. Zoning for animals has now been changed and is allowed only in the RE (Residence Estate Zone). All properties that had been granted the O-L-6 Overlay Zone prior to the establishment of the RE Zone have been grandfathered and shall follow the regulations referred to in subsection (B) of this section. (B) REGULATIONS PERTAINING TO USE, AREA, WIDTH, LOCATION OF BUILDINGS AND STRUCTURES, HEIGHT AND SIZE AND SPECIAL PROVISIONS: These regulations shall be the same as in the underlying basic zones, except that: Animal Overlays (AO-) allowing the pasturing of livestock shall follow, THE PROVISIONS IN SECTION 538, KEEPING OR MAINTAIN ANIMALS. 10-27-2: PLANNED TRANSITION OVERLAY (PT-): (A) GENERAL OBJECTIVES AND CHARACTERISTICS OF PLANNED TRANSITION OVERLAY: The objectives in establishing the Planned Transition Overlay (PT-) are to provide for an orderly transition from one zoning classification to another. Normally the transition will involve transitioning from one type of zone to another (for example, from residential to commercial), or from a zone that has many development restrictions to a less restrictive zone (for example, from a low-density residential zone to a high-density residential zone). Usually transitioning will be used along arterial streets that have developed along residential neighborhoods causing problems with traffic and noise for existing residential properties. PAGE 1 ZONING OVERLAYS REVISED 04-06-2022 Ammon City Council 08.01.2024Page 55 of 127 To accomplish the transition, each area will be addressed on an individual basis, and conditions will be included in the development plan such that the new usage will have the least amount of impact on neighboring properties. (B) OVERLAY SYMBOLS AND NAMES: The symbol for each planned transition overlay granted shall be PT- followed by the symbol of the zone being transitioned to. The name Examples follow (but are not limited to): Symbol Name PT-R3A Planned Transition R3-A Residence PT-PB Planned Transition Professional Business Office (C) USE, AREA, WIDTH, LOCATION, HEIGHT AND MINIMUM LOT SIZE: The determination of these items would be done by review of the area being proposed for transitioning. Allowed uses would be those allowed in the zone that the overlay is transitioning to. Lot area, width, location and height would be recommended at the review process based on existing buildings and lot sizes, and the requirements of the zone being transitioned to. Maximum height of new buildings would be determined to maintain harmony with the adjoining properties. Generally, each building location would be required to meet the requirements of the zone being transitioned to. (D) DEVELOPMENT STANDARDS IN THE PT OVERLAY: The following development standards shall be required of all properties being transitioned. Additional standards may be addressed as necessary during the review and public hearing process to include items specific to the transitioning properties and the surrounding neighborhood. Additional standards shall be included in the development plan of the transition area. 1. Lighting: All lighting shall be directed to avoid direct glare on adjacent properties. If necessary, lighting shall be shielded to protect adjacent properties. A lighting plan shall be submitted with the required site plan. 2. Sidewalks: In areas that do not currently have sidewalks or in the case of sidewalk disrepair, sidewalk, curb and gutter shall be installed or replaced as necessary. 3. Parking: Parking shall meet the standards of the zone being transitioned to. 4. Landscaping: The minimum landscaping requirements in section 10-5-24 shall be met. Whenever practical, existing trees shall be saved. 5. Access to Public Roads: Driveways shall be minimized throughout the area being transitioned. Access shall be reviewed during the review and public hearing process. Existing driveways that are not part of the final development plan shall be removed and replaced with curb, gutter and sidewalk. (E) DEVELOPMENT PLAN: A development plan shall be prepared which addresses specific issues in regards to the area being proposed for the transition overlay. After review by the Planning staff, The the development plan shall be reviewed by the Planning and Zoning Commission and a recommendation shall be made to the City Council. After approval by the City Council the development plan shall be recorded as part of the PAGE 2 ZONING OVERLAYS REVISED 04-06-2022 Ammon City Council 08.01.2024Page 56 of 127 subdivision. The following list of items should be reviewed and included in each new transition overlay development plan as necessary: 1. Zone to be transitioned to. 2. Minimum lot size and frontage. This could have a requirement to combine specific lots during the transition phase. 3. Once a building permit has been issued on a specific property, building or lot within a transition zone, as part of the planned transition overlay, the development plan relating to the transition shall be completed on said property within eighteen (18) months from the date of issuance of said permit prior to a certificate of occupancy being granted. Completion must include all required elements of the transition development plan including but not limited to street accesses, parking, landscaping, platting and conversions of all remaining buildings on said property. Extension requests must be submitted in writing to the zoning administrator sixty (60) days prior to the deadline. The extension request will be submitted for staff review and approval or denial. In the event the extension request is for more than an additional three (3) months the request shall be submitted to the Board of Adjustments for review and approval or denial. 4. Number of accesses to public streets to be allowed in the transitioning area shall be combined to comply as close as possible with the Access Management Plan. Consideration should be made to combine as many accesses as possible to still allow access to the public street and the transitioning properties. 5. Buffering adjacent properties from the new usage. A buffer plan will be determined to protect the neighboring residences where the transition takes residential to higher-density residential, or to a nonresidential use. Buffering will include the type of fence, and/or additional landscaping, beyond what is required in the zone being transitioned to. 6. Additional items may be included that may be specific to a given area or transition proposal. (F) FINAL ZONE CHANGE: After completion and final inspections for compliance to the development plan, the transition shall be considered complete. The transition PT overlay shall be accepted, the overlay designation shall be removed and the new overlay zone shall officially be shown as the zone that was transitioned to on the zoning map for the City of Ammon. (G) PLAT REQUIRED: As each property is developed to meet the standards of the transition overlay, said property shall be platted to meet the existing platting requirements of the City of Ammon. In the event multiple lots are required to meet the development plan of the overlay, said lots shall be combined and platted as one lot. (H) PUBLIC HEARING REQUIRED: Prior to the placement of an overlay and transition zoning there shall be a public hearing held before the Planning and Zoning Commission. Planning and Zoning shall make a recommendation to the City Council either to approve or deny the proposed transition overlay and the transition zone. All requirements of the public hearing process in regards to notice and publications shall be followed for this public PAGE 3 ZONING OVERLAYS REVISED 04-06-2022 Ammon City Council 08.01.2024Page 57 of 127 hearing. 10-27-3: CONDITIONAL USE PERMIT OVERLAY (CUP-): (A) GENERAL OBJECTIVES AND CHARACTERISTICS OF THE CONDITIONAL USE PERMIT OVERLAY (CUP-): The objectives in establishing the conditional use permit overlay is to provide for location of permanently issued conditional use permits. Normally the CUP Overlay designation will show the location and existing zoning for churches and schools. (B) OVERLAY SYMBOLS AND NAMES: The symbol for the designation of this overlay shall be (CUP- designation shall be the zoning that the property has been granted. Examples follow (but are not limited to): Symbol Name CUP-R-1 Conditional Use Permit R-1 Residence Zoning CUP-HC-1 Conditional Use Permit C-1 Commercial Zoning (C) PUBLIC HEARING REQUIREMENT: After the required public hearing for a Conditional Use Permit and upon approval of the governing body, the CUP- designation shall be placed on the zoning map with the appropriate overlay designation. 10-27-4: PLANNED UNIT DEVELOPMENT OVERLAY (PUD-): (A) STATEMENT OF INTENT OF PLANNED UNIT DEVELOPMENT (PUD) OVERLAY: The purpose of the PUD Overlay is to create a process to promote diversity and creativity in site design, and protect and enhance natural and community features. The process is provided to encourage unique developments which may combine a mixture of uses. The PUD process permits departures from the conventional siting, setback, buffers etc. of a particular zoning district in the interest of achieving superior site development, creating open space, and encouraging imaginative design by permitting design flexibility. By using flexibility in the application of development standards, this process will promote developments that will benefit citizens that live and work within the city. A planned unit development shall be granted through the conditional use permit authority of the City and shall be an overlay to the zoning of the requested property. (B) GENERAL OBJECTIVES AND CHARACTERISTICS OF THE PUD OVERLAY: 1. To allow for the design of developments that are architecturally and environmentally innovative and that achieve better utilization of land than is possible through strict application of standard zoning and subdivision controls. An application for a PUD may be applied for in any zoning district within the City. 2. To encourage land development that, to the greatest extent possible preserves natural vegetation, respects natural topographic and geologic conditions, and refrains from adversely affective affecting flooding, soil, drainage and other natural ecologic conditions. PAGE 4 ZONING OVERLAYS REVISED 04-06-2022 Ammon City Council 08.01.2024Page 58 of 127 3. To combine and coordinate architectural styles, building forms and structural/visual relationships within an environment that allows mixing of different land uses in an innovative and functionally efficient manner. 4. To provide for abundant, accessible and properly located open space, recreation space and other facilities. 5. To promote the efficient use of land resulting in networks of utilities, streets and other infrastructure features that maximize the allocation of fiscal and natural resources. 6. To enable land developments to be compatible and congruous with adjacent and nearby land developments. 7. To ensure that development occurs at proper locations away from environmentally sensitive areas and on land physically suited to construction. 8. To allow unique and unusual land uses to be planned for and located in a manner that ensures harmony with the surrounding community. (C) OVERLAY SYMBOL AND NAME: The symbol for the designation of this overlay shall be (PUD- PUD designation, the zoning that the property has been granted. Examples follow (but are not limited to): Symbol Name_____________________________________________________ PUD-R-1 Planned Unit Development R-1 Residence Zone PUD-HC-1 Planned Unit Development HC-1 Highway Commercial (D) DIMENSIONAL AND USE RESTRICTIONS: In acting upon the application, the Planning and Zoning Commission may recommend to the Board of Adjustment, a requested modification to lot size, required facilities, buffers, open space areas, setback requirements, building size limits, off-street parking regulations, landscaping rules or other miscellaneous regulations where such regulations or changes are consistent with the intent of this section and the standard set forth herein. The following restrictions shall apply to all PUD development within the City of Ammon: 1. No residential building within a PUD shall have a side yard distance between buildings of less than six (6.0) feet. 2. A minimum of twenty (20.0) percent of dedicated open space shall be dedicated as common use within the PUD and be maintained by a designated entity in control of the PUD. Allowable entities would include but not be limited to a home organization named in the deed of the PUD as the controlling body. Allowable open space shall include trail-ways, parks and dedicated landscaping including but not limited to dedicated sports facilities such as tennis courts, basketball courts or skate parks. PAGE 5 ZONING OVERLAYS REVISED 04-06-2022 Ammon City Council 08.01.2024Page 59 of 127 3. All allowable and calculated common use open space shall be under one ownership and/or meet the requirements the State of Idaho Condominium Act as defined in Idaho Statutes, Title 55, Chapter 15. Covenants defining ownership of common areas shall become a part of the Planned Unit Development (PUD) plan as approved by the City Council of the City of Ammon. 4. Development within a non-residential area of a PUD may be limited for development in relation to a percentage of residential development. Limitations to non-residential development shall be set by a recommendation of the Planning and Zoning Commission and approved by the City Council. (E) QUALIFYING CONDITIONS: A planned unit development is intended to accommodate developments; (a) with mixed or varied uses, (b) sites with unusual topography or unique settings within the community, or (c) on land which exhibits difficult and costly development problems. Approval will not be granted when the planned unit development is sought primarily to avoid the imposition of standards and requirements of existing zoning classifications rather than to achieve the objectives of this Ordinance. Additionally, no planned unit development shall be approved unless it appears that the land use and development meet the following standards: 1. That in the opinion of the Planning and Zoning Commission and the City Council, the use will be compatible with adjacent land use, the natural environment, and the capacities of affected public services and facilities, and that such use is consistent with the public health, safety and welfare of the City residents. 2. All land for which application is made must be owned or under control of the applicant, the parcel must be capable of being planned and developed as one integral land use unit and shall contain no less than twenty (20.0) acres. 3. The use and development is warranted by the design of additional amenities made possible with and incorporated by the development proposal. 4. The development maximizes useable open space. 5. Landscaping is provided to insure that proposed uses will be adequately buffered from one another and from surrounding public and private property and to create a pleasant pedestrian scale outdoor environment. 6. Vehicular and pedestrian circulation, allowing safe, convenient, uncontested and well-defined circulation within and access to the development shall be provided. 7. It is encouraged that existing important natural, historical and architectural features be preserved. (F) PUD APPLICATION: A PUD application shall be submitted in two stages as described below: Both stages (preliminary and final) shall follow the procedure for conditional use permit applications including public hearings which shall be held in compliance with the current requirements of the City of Ammon. PAGE 6 ZONING OVERLAYS REVISED 04-06-2022 Ammon City Council 08.01.2024Page 60 of 127 1. PRELIMINARY PUD APPLICATION APPROVAL: The preliminary PUD application request shall include a conceptual plan showing the PUD boundaries; proposed areas for structure locations, existing and proposed utilities, parking areas, pedestrian and vehicular circulation, landscape massing, open spaces and their intended use, recreation facilities, and such other features as might be requested. A land use tabulation summary shall be provided in the margin of the plan indicating types of uses, acreage for each land use, number of units, densities and land use intensities. The conceptual plan shall show details of access to adjacent roadways and existing or future trail systems. Necessary requests for zone changes and/or comprehensive plan changes shall be determined in this phase of the request. Any necessary changes shall be included in the next phase of the PUD Application Approval process. 2. FINAL PUD APPLICATION APPROVAL: The final PUD application request shall include: (a) A detail site plan showing the PUD boundaries, proposed structure locations, existing and proposed utilities, parking areas, pedestrian and vehicular circulation, landscape massing, mass grading, open spaces and their intended use, recreation facilities, and such other features as might be requested. (b) A land use tabulation summary shall be provided in the margin of the plan indicating types of uses, acreage for each land use, number of units, densities and land use intensities. (c) A description of the type, character and proposed use of all land and structures within the PUD including square feet per unit, floor area for each use type, height of all structures and any other information as required to describe the character of the proposed use or activity. (d) Residential lots that meet the minimum size of the residential zoning within the PUD and containing a maximum of one residential main structure/living unit shall be shown on the final PUD application as a residential lot without final placement of residential building. Residential lots that are approved on the PUD final plan as a clustered home area must show on the PUD final plan with the maximum building envelope allowed per structure. (e) Additional Required Information: Upon request of the Zoning Administrator, Planning and Zoning Commission or the City Council, the applicant shall provide the following information: i. Developer intent and objectives (physical, social and environmental). ii. A description of all exterior building materials. iii. Projected Population profile for the development. PAGE 7 ZONING OVERLAYS REVISED 04-06-2022 Ammon City Council 08.01.2024Page 61 of 127 iv. Impact of development on local streets (traffic study), natural features, schools and utilities. v. Such other information pertinent to the development or use. Failure of the applicant to provide such requested information in a timely manner may be grounds for denial of the application. 3. FINAL PLAT AND PUD RECORDING: After an approval of the final PUD application the developer shall record a final plat showing all details of the PUD development including placement of building, roadways, trails and all information that would be a part of a final plat recording within the City of Ammon. No building permits shall be issued for development within the PUD until all documentation has been filed and recorded at the Bonneville County Office and all documentation has been received in hard copy and electronic form from the developer. All documentation requirements shall follow the process of the filing of a final plat as described in 10-29-8 9 of the City of Ammon Title X codified ordinances. (G) DEVELOPMENT ALLOWED ONLY AS APPROVED: After approval of a PUD (planned unit development), the land to which it pertains shall be developed and used in its entirety only as authorized and described in the conditional use permit approving the planned unit development. (H) PHASED PUD: 1. Each phase of a PUD may be required to be planned, developed and approved to exist as an independent PUD. 2. Development within a non-residential area of a PUD may be limited for development in relation to a percentage of residential development. (I) EXPIRATION OF CONDITIONAL USE PERMIT: The PUD conditional use shall expire one year from date of final approval if the applicant has not commenced substantial construction. The City Council shall have the right to extend an order for one (1) additional year. After substantial construction has begun the Conditional Use Permit shall continue indefinitely. (J) AMENDMENTS TO A PUD: Any significant change to a PUD may require a public hearing as deemed necessary by a review of the requested change by the Planning and Zoning Commission Director. Relocation of buildings within the same zoning classification that results in no decrease of green space shall not be considered a significant change unless determined by the Planning and Zoning Commission Director to be a significant change. (K) MAINTAINANCE OF COMMON AREA, GREENSPACE AREA AND OTHERS PUD MAINTAINED AREAS: It shall be the responsibility of the designated Home Owners Association or PUD Organization to maintain the common areas, greenspace areas and other PUD maintained areas within all PUD developments. In the event said Home Owners Association or PUD Organization or other responsible party fails to maintain said PAGE 8 ZONING OVERLAYS REVISED 04-06-2022 Ammon City Council 08.01.2024Page 62 of 127 areas, the City may contract and/or do any necessary repair or maintenance. To allow for costs incurred by the City for said repair or maintenance, there shall be a charge of two (2) times the invoice or billed amounts for said repair or maintenance. Such costs shall be assessed as a lien against all privately owned parcels within the PUD on a square footage pro rata basis against all individually owned property. Said lien may be collected separately from each property owner by the City and/or the same shall be attached to the real property tax roll assessment of each individually owned property. PAGE 9 ZONING OVERLAYS REVISED 04-06-2022 Ammon City Council 08.01.2024Page 63 of 127 CHAPTER 29 SUBDIVISION REGULATIONS SECTION: 10-29-1: Definition 10-29-2: Plat Required 10-29-3: Approval of Subdivision Plat 10-29-4: Application and Fees Required 10-29-5: Permits 10-29-6: General Requirements 10-29-7: Preapplication Review 10-29-8: Preliminary Plat Requirements 10-29-9: Requirements of the Final Plat 10-29-10: Combining Preliminary and Final Plats 10-29-11: Street Improvements Required; Fees 10-29-12: Dedications 10-29-13: Amended Plats 10-29-14: Exceptions May be Made to Avoid Hardship 10-29-15: Site Plan Review 10-29-16: Split Zoned Lots 10-29-17: Guarantee of Completion 10-29-18: Judicial Orders 10-29-19: Fees for Review 10-29-20: Penalty 10-29-1: DEFINITION: The word "subdivision," as used in this chapter, is hereby defined as the division of a developed or undeveloped tract or parcel of land into three (3) or more parts for the purpose, whether immediate or future, of sale or of building development; provided, that if any one (1) person within one (1) calendar year divided any tract into three (3) or more parts, such land shall be deemed a subdivision within the meaning of this chapter; provided, however, that this definition of a subdivision shall not include a bona fide division or partition of agricultural land in parcels of more than five (5) acres for agricultural purposes, nor shall it include the division of property which is within a duly-zone commercial or industrial district for commercial or industrial development where no new streets are required or are to be dedicated for public use; nor shall it include or apply to the allocation of land in the settlement of an estate, or a court decree for the distribution of property; nor shall it apply to the sale or conveyance of any parcel of land which may be shown as one (1) of the lots of a subdivision of which a plat heretofore has been recorded in the land records of Bonneville County, Idaho. Page 1 of 19 SUBDIVISION REGULATIONS REVISED 08.17.2023 05-18-2023 Ammon City Council 08.01.2024Page 64 of 127 10-29-2: PLAT REQUIRED: No person shall subdivide any tract of land which is located wholly or in part in the City, unless he shall first have or cause to have made a plat thereof as required by Title 50, Chapter 25 of the Idaho Code and as set forth within this chapter. 10-29-3: APPROVAL OF SUBDIVISION PLAT: No plat shall be recorded or offered for record until the plat has been reviewed by the Planning Commission and approved by the City Council and shall bear thereon the approval, by endorsement, of the Mayor, City Engineer and City Clerk. 10-29-4: APPLICATION AND FEES REQUIRED: Applications shall be submitted to the City for any regulations administered by this chapter. Application fees shall be adopted by the Mayor and City Council by resolution. 10-29-5: PERMITS: No permits shall be issued by an administrative officer for the construction of any building or other improvement requiring a permit upon any land for which a plat is required by this chapter unless and until the requirements of this chapter have been complied with. 10-29-6: GENERAL REQUIREMENTS: Street Requirements. (A) All through streets in the subdivision must conform to the major street plan of the City. 1. The alignment and width of previously platted streets, when extended shall be preserved unless topographical conditions make a modification advisable. 2. Exception to this would be in the case where the existing street will no longer meet the required street width as determined by the current ordinance. 3. Where a subdivision abuts or contains an existing or proposed arterial street, there shall be a reverse frontage with screening and an additional fifteen (15) foot rear or side yard setback requirement. Access from a reverse frontage lot to an adjacent arterial roadway is prohibited. 4. Street Right of Way (ROW) width is to be measured from property line to property line. The minimum width of streets so measured shall be: For local or minor streets -- sixty (60) feet For arterials or major streets -- conform to major street plan, in accordance with the BMPO Access Management Plan, July 2012 Page 2 of 19 SUBDIVISION REGULATIONS REVISED 08.17.2023 05-18-2023 Ammon City Council 08.01.2024Page 65 of 127 Minimum width of roadway (face to face of curb) shall be, unless otherwise approved under the direction of the City Engineer: For local or minor streets forty-eight (48) feet For arterials or major streets -- conform to major street plan, in accordance with the BMPO Access Management Plan, July 2012 5. Dead-end streets, designed to be so permanently, shall not be longer than four hundred (400) feet and shall be provided at the closed end with a turn-around with a pavement edge diameter and right-of-way diameter as follows: A. If the turn-around is constructed with curb and gutter, the right-of-way shall be a minimum of one hundred (100) feet in diameter with a pavement edge diameter of a minimum ninety-six (96) feet; 6. Streets shall be laid out so as to intersect as nearly as possible at right angles, and no street shall intersect any other street at less than eighty (80) degrees. 7. Minor streets shall be so laid out that their use by through traffic will be discouraged. 8. The arrangement of streets in new subdivisions shall make reasonable provisions for the continuation of the principal existing streets in adjoining subdivisions, or their proper projections when adjoining property is not subdivided. The street and alley arrangements must also be such as to cause no hardship to owners of adjoining property when they plat their land and seek to provide for convenient access thereto. This arrangement must also provide for continuing a reasonable number of through utility lines. 9. Minimum street grades of four-tenths percent (0.4%) will be required, with the maximum grade being eight and three-tenths percent (8.3%) for arterials, major, local, or minor streets. Where the observance of this standard is impossible, the Engineer shall review the situation before an exception may be granted. 10. All streets and alleys shall be completed to the grades, which have been officially approved or determined by the Engineer, as shown upon approved plans and profiles. 11. Where street lines within a block deflect from each other at any one (1) point more than ten degrees (10°), there shall be a connecting curve. The radius of the curve for the inner street line shall not be less than seven hundred (700) feet for an arterial or major street, and fifty (50) feet for local or minor streets. 12. Curbs at street intersections shall be rounded with curves having a minimum radius of twenty-five (25) feet, for minor streets, but for arterials or major streets it shall be a minimum of thirty-five (35) feet, or greater as required by the City Engineer. Page 3 of 19 SUBDIVISION REGULATIONS REVISED 08.17.2023 05-18-2023 Ammon City Council 08.01.2024Page 66 of 127 13. Street name signs shall be erected by the subdivider in accordance with City standard specifications. 14. Sidewalks shall be a minimum of five (5) feet in width and may be required to be wider in areas near shopping centers, schools or where pedestrian traffic may warrant a greater width. 15. Under certain circumstances, residential areas may be allowed to be developed without curb and gutter. When recommended by the City Engineer and the Planning and Zoning Director, the City Council may allow development under specific term and specifications. All exclusions to the requirement of curb and gutter and the required specifications shall be set within a development agreement for each subdivision or division thereof. (B) Alleys and Easements. 1. The minimum width of any dedicated alley shall be twenty (20) feet. 2. There shall be an easement of not less than fifteen (15) feet on all lot lines within a plat that border a dedicated public right of way. Other easements may be required as deemed necessary by the City Engineer. 3. Alley intersections and sharp changes in alignment shall be avoided; but, where necessary, corners shall be cut off sufficiently, as determined and approved by the City Engineer, to permit safe vehicular movement. 4. Dead-end alleys shall be prohibited. (C) Blocks. 1. The length, widths, and shapes of blocks shall be determined with due regard to adequate building sites suitable to the special needs of the type of use contemplated; the zoning regulations, as to lot size and dimension; the need for convenient access, circulation, control, and safety of street traffic; and the limitations and opportunities of topography. 2. Block lengths shall not exceed thirteen hundred (1,300) feet and not less than four hundred (400) feet. (D) Lots. 1. All lots shown on the subdivision plat must conform to the minimum requirements of the zoning regulations. Page 4 of 19 SUBDIVISION REGULATIONS REVISED 08.17.2023 05-18-2023 Ammon City Council 08.01.2024Page 67 of 127 2. Side lines of lots shall be at right angles or radial to the street lines unless a variation from the rule will give a better street and lot plan. All corner lots shall have a minimum radius of twenty (20) feet on the property lines. 3. Double frontage lots shall be prohibited, except where unusual topography makes it impossible to meet this requirement. No access will be granted to arterials or major streets, in accordance with the BMPO Access Management Plan, July 2012. 4. All remnants of lots below minimum size left over after the subdividing of a larger tract must be added to adjacent lots rather than allowed to remain as unusable parcels. (E) Each new subdivision plat shall provide for facilities for bicycles, pedestrians, and other non-motorized modes of transportation. These facilities shall be provided as required by a recommendation to the City Council by the Planning and Zoning Commission. Any recommendation shall be made following the most current adopted version of the BMPO Bicycle & Pedestrian Plan. 1. Trails within a subdivision may with a recommendation from the Planning and Zoning Commission allow the system to be integrated as part of the required sidewalk system. This allowance would require the widening of the required sidewalks to accommodate bicycles and other non-motorized modes of transportation. 2. As part of the review for trails, consideration shall be given to connection to existing and/or future trails, to allow for connectors to schools, parks, neighborhoods, transportation, and commercial areas, as shown in the most current version of the BMPO Bicycle & Pedestrian Plan. 3. To allow for connectivity between neighborhoods with back-to-back cul de sacs a walking path to connect the neighborhoods will be required. 10-29-7: PREAPPLICATION REVIEW: Prior to filing a preliminary plat application the subdivider shall participate in a preapplication interview to enable the City to review and comment on the proposed subdivision. Such discussions should cover the general objectives of the subdivision, platting procedures and requirements, and potential plans for a development agreement. (A) The subdivider shall contact the city planner to set up a time for the preapplication review. (B) The subdivider shall provide a digital copy of a master plan. (C) Elements of the master plan shall include: Page 5 of 19 SUBDIVISION REGULATIONS REVISED 08.17.2023 05-18-2023 Ammon City Council 08.01.2024Page 68 of 127 1. General concept of the development, including, but not limited to, lots, streets, alleys, and parks and open space. 2. Phasing plan showing divisions 3. Number of lots and/or units for the total development and per division 4. Density of units per acre for the total development and per division 5. Number of acres for the total development and per division 6. Amount of open space in acres 7. Connectivity to surrounding areas through streets and trails 8. General utility layout not required to be engineered at master plan (D) A review fee will be charged based on the current Fee Resolution for the review of the proposed subdivision. 10-29-8: PRELIMINARY PLAT REQUIREMENTS: In seeking to subdivide land into building lots and to dedicate streets, alleys or other land for public use there shall be one scaled drawing in an electronic format (pdf). The preliminary plat shall be submitted at least ten (10) days before a Planning Commission meeting date. The Planning Commission shall review the application within ten (10) days from the first meeting at which the plan was formally presented unless an extension of time is agreed to by the subdivider. Prior to making a decision on the proposed preliminary plat the Planning Commission shall determine if a public hearing should be required for the proposed preliminary plat request. If the Planning Commission determines a hearing should be held, there shall be a hearing scheduled for the next available hearing date before the Planning Commission. Final approval of preliminary plats shall be by the City Council. Any preliminary plat containing more than three (3) lots shall be submitted to the Planning Director at least fifteen (15) days prior to the deadline for submission of such plat to the Planning and Zoning Commission. The Planning Director shall submit the drawing for review by the City Engineer, Fire Chief, Building Official and Planning Director. Said review shall provide the developer with any issues needing to be addressed prior to a submission to the Planning Commission. Changes required by the staff review shall be reflected on the submitted preliminary plat. The preliminary plat so prepared by the subdivider and formally filed with the Planning Director shall contain the following information. (A) The proposed name of the subdivision. (B) The location of the subdivision as forming a part of some larger tract or parcel of land referred to in the records of the County Recorder. (C) A vicinity map showing a radius of one-half (1/2) mile around the proposed development shall be provided. All existing roadways shall be shown, with names on the vicinity map. Page 6 of 19 SUBDIVISION REGULATIONS REVISED 08.17.2023 05-18-2023 Ammon City Council 08.01.2024Page 69 of 127 (D) A contour map at appropriate contour intervals to show the general topography of the tract. (E) The boundary lines of the tract to be subdivided shall be accurate in scale and bearing. These lines should be slightly heavier than street and lot lines. (F) The location, widths, names and other dimensions of all existing or platted streets shall be shown on the preliminary plat. In addition, important features within one hundred (100) feet and contiguous to the tract to be subdivided and recorded as a legal document shall be shown on the preliminary plat. Examples of those features include but are not limited to railroad lines, water courses, easements and exceptional topography. (G) The approximate location of all existing or proposed utilities, including, but not limited to, sanitary sewers, storm drains, water supply mains, fire hydrants, streetlights, bridges, ditches and culverts within the tract and immediately adjacent thereto; and if applicable the interconnection of such systems with the major street plan and City storm drainage system. (H) The location, names, widths, and other dimensions of proposed streets, alleys, easements, parks, lots, and other open spaces. (I) All parcels of land intended to be dedicated for public use or reserved for the use of all property owners with the purpose indicated. (J) North point, scales, and dates. (K) for the subdivision shall be indicated. If more than one zone exists within the subdivision, individual lots should include the zone. (L) The following items shall be printed on the preliminary plat: 1. Density of subdivision in living units 2. Number of lots within the division 3. Average size of lots within the division 4. Total size of plat (in acres) 5. A signature line showing approval date shall be provided for the Planning Director and City Engineer. (M) Mitigation of the impact of development on public facilities should be considered at this stage. Recommendations from staff and the Planning and Zoning Commission shall be directed to the City Council for consideration. Page 7 of 19 SUBDIVISION REGULATIONS REVISED 08.17.2023 05-18-2023 Ammon City Council 08.01.2024Page 70 of 127 1. Written record of staff and the Planning and Zoning Commission recommendations for mitigation shall be included in the staff presentation to the City Council for each preliminary plat presentation. 2. Written record of the decision and motion of the City Council requirements for mitigation shall be incorporated into an annexation or standard development agreement prior to the final platting stage of said development. (N) Appropriate details for any special development areas in the proposed plat, including, but not limited to, hillside and floodplain developments. (O) All off-site improvements required to service the development. (P) Prior to the signage of any preliminary plat a standard development agreement shall be submitted and approved by the City Council. The standard development agreement must be recorded within 30 days of approval by the City Council. The agreement shall benefit the interests of the city, the county, or the state of Idaho. 1. The standard development agreement shall contain language to include any mitigation requirements as determined by the City Council at the Preliminary and Final Plat stage. 2. The standard development agreement shall contain language to include any mitigation requirements as determined by the City Council at the annexation stage of development. (Q) The following items shall accompany the preliminary plat application: Prior to City Council Approval: 1. Copies and signatures showing the ability to provide sewer services by Eastern Idaho Regional Sewer District (EIRSD) or Iona Bonneville Sewer District (IBSD), when required by the servicing agency. 2. Preliminary Plat and improvement drawings submitted in digital form. (R) Inspection of Public Improvements Under Construction: 1. Before approval of a preliminary plat, and before construction plans, and specifications for public improvements, an agreement shall be made in writing between the developer and the City to provide for inspecting the construction and its conformity to the submitted plans. 2. Prior to construction of public improvements, a pre-construction meeting shall be Page 8 of 19 SUBDIVISION REGULATIONS REVISED 08.17.2023 05-18-2023 Ammon City Council 08.01.2024Page 71 of 127 The preliminary plat shall be drawn to a scale not smaller than one (1) inch to one hundred (100) feet. Such approval of the preliminary plat shall be valid for a period of one (1) calendar year only. 10-29-9: REQUIREMENTS OF THE FINAL PLAT: The final plat must be submitted to the Planning Commission for final review within one (1) year after the approval of the preliminary plat, and no plat shall be recorded or offered for record nor shall any land be recorded or offered for sale with reference to such plat until said plat has been duly approved as indicated in Section 10- 29-3 of this chapter. The final plat must be submitted to the Planning Commission for final review within (1) year after the approval of the preliminary plat. Otherwise, such approval shall become null and void and no plat shall be recorded or offered for record nor shall any land be recorded or offered for sale with reference to such plat, unless the subdivider, ninety (90) days prior to said expiration date, applies for an extension of time and such extension is granted by the City. A maximum twelve-month extension may be granted by the City at its sole discretion. (A) The application shall be filed with the city and shall include: 1. A viable and acceptable plan which demonstrates how recordation of the final plan will occur within the year. 2. A schedule that depicts the anticipated progress for completion of the final plat within the year. 3. An application fee will be charged based on the current Fee Resolution for the review of the proposed subdivision. The Planning Commission must review the final plat. The final plat shall be submitted at least ten (10) days before a Planning Commission meeting date. The Planning Commission shall review the application within ten (10) days from the first meeting at which the plan was formally presented unless an extension of time is agreed to by the subdivider. Final approval of the plat shall be secured from the City Council; otherwise, the subdivider will be duly notified of its rejection by said body. The final plat must be recorded within six (6) months of approval by the City Council, or it shall expire. The plat sheet must be prepared in accordance with the Idaho Code. After approval of the Planning and Zoning Commission and City Council; two (2) mylar prints and one (1) paper print, shall be submitted to the Planning Department for final City staff review and approval. If approved, the prints shall have endorsed thereon the required approvals of all public agencies and property owners. Upon final approval the City Clerk shall submit the drawings to the County Recorder and return the prints for the City to the Planning Director and the County Page 9 of 19 SUBDIVISION REGULATIONS REVISED 08.17.2023 05-18-2023 Ammon City Council 08.01.2024Page 72 of 127 Recorder shall have attested the content on the print for the City to be the same that has been recorded with the County. Payment for all recordings shall be made to the City Clerk in care of Bonneville County Recorder. Plats must meet the requirements of Idaho Statute 50-1304. The following information shall be contained upon the drawing to be filed with the City Engineer: (A) The name and general location of the subdivision in bold letters at the top of the sheet. The name of the subdivision must not bear the name of any other town or addition in the County. (B) The north point and scale of the plat. (C) The boundaries must be accurately drawn, showing the proper bearings and dimensions of all boundary lines of the subdivision. These lines should be slightly heavier than street and lot lines. (D) The names, widths, lengths, bearings, and curve data on center lines of proposed streets, alleys, and easements desired or necessary; also, the boundaries, bearings, and dimensions of all portions within the subdivision as intended to be dedicated to the use of the public. The sizes, lines, dimensions, bearings, and number of all lots, blocks, and/or parts reserved for any reason within the subdivision. (E) The widths and names of abutting streets and alleys, and the names and boundaries of all subdivisions which have been previously recorded and adjacent thereto, must be shown upon the plat offered for record. These adjacent subdivisions will be shown in dotted lines to show their relationship to the plat offered for record. If adjoining land is unplatted, it should be indicated as such. (F) All linear dimensions shall be calculated to the nearest one-hundredth (.01) of a foot, and all bearings shall be calculated to the nearest ten (10) seconds of arc, except on the boundaries where the bearings may be shown to the nearest one (1) second. All curves shall be defined by the radius, central angel, tangent, arc, and chord distances. The description and location of all monuments shall be shown. Monuments of iron pipe, stone, or concrete shall be set at tangent points or points of curves of street intersections on property lines, at alley intersections and at such other points as may be necessary to make the retracing of the lines as shown on the final plat reasonably convenient. No plat showing a plus or minus distance will be accepted unless agreed to by the Engineer. (G) A definite tie between not less than two (2) prominent points shall be shown between the exterior boundary of the subdivision and the section corner and quarter corner system of the County as established by the United States Government and supplemented by the County, indicated either by bearing and distance or by rectangular coordinates. The said tie may be made to a line of a county plat, or a plat of a neighboring subdivision, which conforms to the above requirement. Page 10 of 19 SUBDIVISION REGULATIONS REVISED 08.17.2023 05-18-2023 Ammon City Council 08.01.2024Page 73 of 127 (H) All lots shall be numbered by progressive numbers in each block separately; blocks shall also be numbered. (I) Upon the print must appear the following required signatures: Registered Professional Engineer and/or Land Surveyor's "Certificate of Survey"; owner's dedication certificate with notary public's acknowledgment; the approval of the Mayor attested by the Clerk; and the City Engineer. (J) The following items shall be printed on the final plat: 1. Density of subdivision in living units 2. Number of lots within the division 3. Average size of lots within the division 4. Total size of plat (in acres) 5. Zoning for the subdivision shall be indicated. If more than one zone exists within the subdivision, individual lots should include the zone. 6. A vicinity map showing a radius of one-half (1/2) mile around the proposed development. All existing roadways shall be shown with names on the vicinity map. (K) Appropriate details for any special development areas, including, but not limited to, hillside and floodplain developments. (L) The following items shall accompany the final plat application: Prior to City Council Approval: 1. Copies of any private restrictions proposed to be recorded for the purpose of providing regulations governing the use, building lines, open spaces, or other aspects of development and use. All dimensions, both linear and angular are to be staked in the field by an accurate control survey which must balance and close within a limit of one (1) in ten thousand (10,000). The final print of the final plat shall be signed separately by all parties duly authorized and required to sign. (M) Prior to the approval of any final plat, the subdivider shall: Page 11 of 19 SUBDIVISION REGULATIONS REVISED 08.17.2023 05-18-2023 Ammon City Council 08.01.2024Page 74 of 127 1. Provide the necessary documentation to show that all required improvements, infrastructure, public improvements, and public utilities have been installed and conditions of approval have been met and inspected and approved by the city. 2. Pay all required fees. 10-29-10: COMBINING PRELIMINARY AND FINAL PLATS (SHORT PLAT): The applicant may request that the subdivision application be processed as both a preliminary and final plat if the following criteria are met: (A) The proposed subdivision does not exceed 3 lots. (B) No new street dedications or street widenings are involved. (C) No special development considerations are involved, such as floodplain or hillside. (D) All required information for both the preliminary and final plat is provided and in the correct form. (E) All agency approvals have been obtained. 10-29-11: STREET IMPROVEMENTS REQUIRED FEES: The owners of any land to be platted as a subdivision shall be required to install all street improvements, including sidewalks, curb, and gutter, street grading and surfacing, as well as sanitary sewers, street drainage, and drainage structures, water mains and fire hydrants, including hydrant and valve boxes, also including all street signage as needed to comply with City standards, and all such improvements to be installed under the specifications and inspection of the Engineer. The installations of all such improvements required above may be reduced on major streets forming a boundary of the subdivision with the approval of the City Engineer. Some street improvements may be required to be paid in lieu of construction, at two hundred (200%) percent of cost, as determined by the City Engineer. funds remaining above the proportionate shared cost after completion of the project will be refunded to the Developer. A review fee will be charged based on the current Fee Resolution for the review of improvement drawings and inspections, as determined by the City Engineer and the City Council. 10-29-12: DEDICATIONS: All streets, alleys, and easements, within the subdivision must be dedicated for public use. Dedication of all other public open space within the subdivision will be required in accordance with annexation and/or related standard development agreement. Where this plan calls for a larger amount of public space than the subdivider can be reasonably expected to dedicate, the Page 12 of 19 SUBDIVISION REGULATIONS REVISED 08.17.2023 05-18-2023 Ammon City Council 08.01.2024Page 75 of 127 land needed beyond the subdivider's fair contribution is to be reserved for acquisition by the City, provided such acquisition is made within five (5) years from the date of approval. The action of the Mayor and Council in exercising this power to compel dedication of public open space shall take place only after a public hearing has been held on the matter. Anyone aggrieved by the decision of the Council may have the decision reviewed by a court of competent jurisdiction. 10-29-13: AMENDED PLATS: (A) If amendments are made to the plat following city approval, but prior to recording, a copy of the revised plat shall be submitted to the city for review and approval prior to recording. Building permits will not be issued on a development whose plat was modified following approval by the city. (B) Amended plats must be filed as per original. In the event a plat of a subdivision has been recorded and major changes have been made which change the subdivision materially, the subdivision upon which these changes have been made must be vacated and an amended plat filed in accordance with the regulations set up in this chapter. (C) Any change in the location of a street or area reserved for public use or in alleys and easements shall require the filing of amended plat. (D) Any change, which affects lot lines, lot sizes or units for additional building which may be under separate ownership shall be submitted and reviewed by the City Engineer and Planning Director. If it is the determination of the City Engineer and Planning Director that an amended plat is required to maintain the integrity of a subdivision, an amended plat or condominium plat shall be filed. Decisions of the City Engineer and Planning Director may be appealed to the City Council for a ruling. In cases where it is determined an amended plat is not required the following items shall be submitted to the Planning Director for processing: 1. A full-size copy of the existing plat showing the requested lot line changes. These changes should be detailed in color to easily show the changes requested. 2. A drawing showing in detail the changes and existing lots line drawn to a scale of not less than 1:40 shall be submitted to the Planning Director. This drawing shall include the new legal description of the properties being changed. 3. A new legal description of the properties affected by the request 4. Documentation from Bonneville County showing the current ownership of the property that changes are being requested on. 5. A letter from the current property owner requesting the changes shown in the above-mentioned detail. Page 13 of 19 SUBDIVISION REGULATIONS REVISED 08.17.2023 05-18-2023 Ammon City Council 08.01.2024Page 76 of 127 6. Once all information has been submitted and final approval has been received, the Planning Director will prepare and record the necessary documentation for each affected lot. NO future building permit shall be issued on the subject property until all documentation has been received and recorded. (E) Any change, which divides an existing building which may produce separate ownership of portions of said building shall require the filing of an amended plat or condominium plat (F) Any request to amend a plat must be accompanied by a copy of the original plat. 10-29-14: EXCEPTIONS MAY BE MADE TO AVOID HARDSHIP: Whenever the tract to be subdivided is, in the opinion of the Council, of such unusual shape or size or is surrounded by such development or unusual conditions that the strict application of the requirements contained herein would result in real difficulties and substantial hardships or injustices, the Council may vary or modify such requirements so that the subdivider is allowed to develop his property in a reasonable manner, but so, at the same time, the public welfare and interests of the City and surrounding area are protected and the general intent and spirit of this chapter are preserved. 10-29-15: SITE PLAN REVIEW: A final site plan review must be approved prior to the issuance of a building permit in all zones. (A) A preliminary site plan must be submitted to the Planning Director to be presented to applicable City Departments for review and recommendations under the following conditions: 1. Multi-family dwellings consisting of four (4) or more attached dwelling units. 2. Dwelling groups consisting of two (2) or more dwelling units inside or outside a Planned Unit Development (PUD). 3. Other residential developments as deemed necessary by the City Council, the Planning Director or as requested by the Planning and Zoning Commission. 4. All developments outside residential zones. 5. All lots being redeveloped through a planned transition zone. (B) A site plan must be submitted to the Planning Director for approval in all low-density residential zones, before the issuance of a building permit, indicating the following requirements: 1. All property lines Page 14 of 19 SUBDIVISION REGULATIONS REVISED 08.17.2023 05-18-2023 Ammon City Council 08.01.2024Page 77 of 127 2. Names of adjacent streets 3. Setbacks on all four (4) sides of the structure to the property lines 4. Lot dimensions according to the recorded plat 5. Building dimensions 6. Access location and width of driveway a. Each property is allowed only one (1) access with a thirty (30) foot maximum width at the street, in accordance with the BMPO Access Management Plan, July 2012 and City Policy #50-001. 7. Site address including City of Ammon and Bonneville County, Idaho 8. Subdivision, Division, Lot, and Block 9. Zone 10. North arrow 11. 12. Location of utilities, including Fiber if applicable 13. Existing structures, if applicable 14. Stormwater Pollution Prevention Plan (SWPPP) (C) Staff shall review all site plans for compliance to the requirements of the site plan submission standards. All requirements will be forwarded to the developer for compliance. (D) Staff review of site plans shall be completed prior to final approval of any site plan. Only after signatures from all departments of the City relating to site plan approval shall the site (E) All final site plan drawings shall comply with the Site Plan Requirement sheet available from the City Planning and Zoning Department. Additional documentation may be required as necessary for complete review of any site plan. (F) Upon request for a certificate of occupancy each applicable department shall review the site for compliance with the approved final site plan. The Building Official shall not approve the issuance of a certificate of occupancy until the site has been found to be in compliance with the approved final site plan, unless it is determined by each reviewing Department Head that a temporary certificate of occupancy is appropriate for non-safety issues. Prior Page 15 of 19 SUBDIVISION REGULATIONS REVISED 08.17.2023 05-18-2023 Ammon City Council 08.01.2024Page 78 of 127 to the expiration of a temporary certificate of occupancy all non-compliance issues shall be brought into compliance. (G) Approval of a site plan shall be valid for a period of twenty-four (24) months. 10-29-16: Split Zoned Lots: The following shall address split zoned lots within the City of Ammon. (A) Split zoned lots are prohibited in the City of Ammon. (B) Upon submission of a request for final plat approval a separate document shall be submitted for staff review showing the zoning of each lot within the requested final plat. 10-29-17: GUARANTEE OF COMPLETION: The developer of a subdivision within the City shall be required to construct and install all Public improvements as required by the approved improvement drawings for each subdivision or division thereof prior to the signage of any final plat for said subdivision or produce a guarantee of completion. This guarantee of completion shall be provided in lieu of completing all infrastructure improvements prior to issuance of building permits within a subdivision as required in the City of Ammon annexation and development agreements or any other agreements approved by the City of Ammon. (A) Financial Guarantee Arrangements: Prior to commencing construction on or approving financial guarantees for any public improvements, the Preliminary Plat and Standard Development Agreement shall be approved and the standard development agreement shall be recorded. The City shall require the developer to provide a financial guarantee of performance in one or a combination of the following arrangements which said requirements shall be in addition to the requirements of any other agency responsible for the administration, operation and maintenance of the applicable public improvement. Public improvements shall include but not be limited to: roads, phone, electric, fiber optics, public water, natural gas, public sewer, fire protection, cable, lighting and required landscaping, curb, gutter, sidewalks and drainage systems. 1. Surety Bond: a. Accrual: The bond shall accrue to the City of Ammon covering all costs of construction, of the specific public improvements. b. Amount: The bond shall be in the amount equal to two-hundred percent (200%) of the total estimated cost based on the development cost agreement in item 10-29-15-(A)-1-e below, for completing construction of the specific public improvement, as recommended and approved by the City Engineer. The bond shall also include a processing fee based on the current Fee Resolution. Page 16 of 19 SUBDIVISION REGULATIONS REVISED 08.17.2023 05-18-2023 Ammon City Council 08.01.2024Page 79 of 127 c. Term Length: The bond shall be in force and held by the City for a period of 24 months after the public improvements are completed and accepted by the City. Any repairs or replacements to the public infrastructure during the initial warranty period shall automatically extend the warranty period 12 additional months beyond the initial 24 months and the bond or value related to said replacement or repair shall be extended with the warranty period and the bond in unusual circumstances beyond the afore mentioned 24-month period. d. Bonding for Surety Company: The bond shall be with a surety company authorized to do business in the State of Idaho and acceptable to the City Council. e. Development Cost Agreement: The Development cost agreement the City Engineer. Said agreement shall reflect actual cost estimates plus ten (10) percent of the improvements needed to complete subdivision. 2. Cash Deposit, Certified Check, Negotiable Bond or Irrevocable Bank Letter of Credit: a. Treasurer, Escrow Agent or Trust Company: A cash deposit, certified check, negotiable bond or an irrevocable bank letter of credit, such surety acceptable by the City, shall be deposited with an escrow agent, City Treasurer, or trust company; b. Dollar Value: The dollar value of the cash deposit, certified check, negotiable bond or an irrevocable bank letter of credit shall be equal to two hundred percent (200%) of the estimated cost based on the development cost agreement in item 10-29-15-(A)-2-d below, for completing construction of the specific public improvement, as recommended and approved by the City Engineer. c. Escrow Time: The bond shall be in force and held by the City for a minimum period of 24 months with automatic renewal until such time as after the public improvements are completed and accepted by the City, and shall further continue until all contractual warranty periods are completed. Any repairs or replacements to the public infrastructure during the initial warranty period shall automatically extend the warranty period 12 additional months beyond the initial 24 months and the bond or value related to said replacement or repair shall be extended with the warranty period. The City Engineer may extend the warranty period and the bond in unusual circumstances beyond the afore mentioned 24-month period. d. Development Cost Agreement: The Development cost agreement shall be provided by the developers registered engineer and approved by the Page 17 of 19 SUBDIVISION REGULATIONS REVISED 08.17.2023 05-18-2023 Ammon City Council 08.01.2024Page 80 of 127 City Engineer. Said agreement shall reflect actual cost estimates plus ten (10) percent of the improvements needed to complete subdivision. (B) Approval of As Built Site Improvements: With respect to financial guarantees, the approval of all as built site improvements within a subdivision or PUD shall be conditioned on the accomplishment of the following: 1. The improvements as required in the construction improvement drawings required by this title have been completed by the developer and approved by the City. 2. with an acknowledged/notarized letter. (C) Penalty in Case of Failure to Complete Construction of Public Improvements: In the event the developer shall, in any case, fail to complete such work within the period of time as required by the conditions of the guarantee for the completion of public improvements, it shall be the responsibility of the City Council to proceed to have such work completed. In order to accomplish this, the City Council shall reimburse itself for the cost and expense thereof by appropriating the cash deposit, certified check, irrevocable letter of credit, or negotiable bond which the developer may have deposited in lieu of surety bond, or may take such steps as necessary to require performance by the bonding or surety company, and as included in a written agreement between the Council and the developer. (D) Reduction and Release of Guarantee: Only after the inspecting engineer certifies that improvements are complete and free from defect, after receipt of notarized statement, and itemized bill, the City shall release the developer from the subdivision improvements agreement upon completion of all warranty periods. 1. In subdivisions where a cash deposit, certified check, or negotiable bond for guarantee of sidewalk installation only has been presented; and after completion of a minimum of fifty (50) percent of the required infrastructure improvements within the subdivision, the Developer may request up to fifty (50) percent of the deposit to be refunded. Any deposit refund request must be made in writing to the City Engineer who shall than inspect the subdivision for completion of sidewalks and notify the Developer in writing of the results of the inspection. If the City Engineer determines a refund may be processed, he/she shall then issue a request to the City Treasurer that all or a portion of the funds being held in escrow be released to the Developer dependent on the percent of completion. Calculations for refund shall be done on a lot-by-lot basis in the same method as the deposit amount was calculated. 2. The City Engineer shall be authorized to release portions of any financial guarantees and waive remaining warranty periods after finding that public infrastructure is completed, fully meets city standards, and that withholding the financial guarantee associated with the public infrastructure would provide no public benefit. Page 18 of 19 SUBDIVISION REGULATIONS REVISED 08.17.2023 05-18-2023 Ammon City Council 08.01.2024Page 81 of 127 (E) Phasing Allowed: Any existing plat which was approved and recorded on or before December 31, 2011, shall be allowed to phase development under the following conditions: 1. Any proposed phase shall be approved by the City Engineer and Planning Director. 2. No phase shall be allowed on any recorded plat with less than twenty (20) buildable lots. 3. No phase shall be allowed with less than ten (10) adjacent lots. 4. The developer shall be responsible for providing a final phased development plan showing each phase of the plat. 5. All other requirements of this section shall be met within each phased portion of a recorded plat. 10-29-18: Judicial Orders: The following shall address judicial orders in regards to lots and buildings affected by judicial order: (A) Any non-complying lot created within the City by a judicial order shall be considered a non-buildable lot until such time the lot is brought into conforming status. (B) Any non-complying lot created within the City by a judicial order containing an existing building that is made non-conforming by said judicial order shall be considered a non- conforming building until such time as the building is brought into conforming status. 10-29-19: Fees for Review: Reasonable fees sufficient to recover incurred costs may be charged. The City Council may, by resolution, adopt fees for services associated with review, processing and inspection of subdivisions. Such fees shall be reasonably related to the costs of services provided by the City with respect to the subdivision of land. 10-29-20: Penalty: Any person, firm or corporation, whether as principal, agent, employee or otherwise who fails to comply with the conditions and or requirements of this chapter shall be guilty of an infraction and shall be subject to penalties prescribed for such violations under section 1-4-2 of this code. Page 19 of 19 SUBDIVISION REGULATIONS REVISED 08.17.2023 05-18-2023 Ammon City Council 08.01.2024Page 82 of 127 ЊЉΏЌАΏЊ Λ!Μ /haa9w/L!\[ 5L{wL/ {9{ USERERPRP-AR-1R-1AR-2R-2AR-3R-3ARMHPSCMulti UseLC/PBPBC-1HC-1CC-1GC-1M-1I &M-1 I & M-2 Dwelling, Single FamilyPPPPPPPPPPP Dwelling, Multi FamilyPPPP Group HomesPPPPPPPPPPP Residential Care FacilityPPPPM Short-term rentalsPPPPPPPPPPP Adult BusinessesP P Agriculture, CommercialPPPPPPP Agriculture, UrbanPPPPPPPPPPPPPPPPPPPPP Assembly/Light Manufacturing FacilityPPPPPPP Childcare FacilityP1P1P1P1P1P2P2P2P2P2PPPPPPPPPP Communications FacilityP3P3P3P3P3P3P3P3P3P3PPPPPPPPPP Drive-through FacilityPPPPPPPPPP Equestrian FacilityPPPPPPP Financial InstitutionsPPPPPPPPPP Food ServicePPPPPPPPPP Golf Course MPPPPPPPP Health and Fitness FacilityMPPP6P6P6P6P6P6 Home Occupation PPPPPPPPPPP Hotel/MotelMPPPPPPP Kennel, Commercial BoardingMCCCPPPPPP ManufacturingPPP Motor Vehicle SalesPPPPPP Motor Vehicle ServiceCPP9P9P9P9 Office, BusinessPPPPPPPPPP Outdoor EntertainmentMPPPPPPP Parking Facility, Off-SiteMPPPPPPPPP Professional ServicesMPPPP8P8P8P8P8P8 Private EV Charging StationPPPPPPPPPPPPPPPPPPPPP Public EV Charging StationPPPPPPPPPPP Recreational FacilityMPPPPPP Repair ShopsPPP10P10P10P10 Restaurants less than 30 seats, no beer/wine/alcohol service permittedPPPPPPPPP Restaurants - max of 5000 sq ft, Beer/Wine allowed by use, Liquor allowed PPPPPPP pursuant to HC-1 Requirements Restaurants - over 5000 sq ft, Beer/Wine/Alcohol allowed by use pursuant to HC- MPPPPPP 1 Requirements Retail store - Small scale (max of 5000 sq feet) PPPPPPPPP Retail store - Large scale (over 5000 sq feet)MPPPPPPP Self-Service Storage FacilityPPP Service IndustryPPPPPPPPPP Service StationPP4P5P5P5P5P5P5 Studio CommercialPPPPPPPPPP Transportation FacilityMPPPPPP Television and Radio Broadcasting StationMPPPPPPP Wholesale PPPP Assembly, Place ofCCCCCCCCCCCPPPPPPPPPP CemeteryP CP CP CP CP CP CP CP CP CP CCMCPPPPPPPP Cultural FacilityMPPPPPPPPP GovernmentPPPPPPPPPPPPPPPPPPPPP HospitalCCCCCCCCCCMCCPPPPPPP Medical Care FacilityPPPPP7P7P7P7P7P7 Parking Facility, Off-SiteMPPPPP Performing Arts ProductionMPPPPPPP Public UseCCCCCCCCCCCMCPPPPPPP Semi-Public UseCPPPPPPP PERMITTED IN DESIGNATED ZONE t NOT PERMITTED IN DESIGNATED ZONE PERMITTED WHEN APPROVED ON MASTER PLAN IN MIXED USE ZONE (ORIGINAL OR AMENDED)a CONDITIONAL USE PERMIT / Notes to Commercial and Residential Chart P1 Family Child Care Facility (5 or fewer children) P2 Group Child Care Facility (6 to 12 children) P3 Allowed for Amateur Radio Operators P4 Service Station - no more than twelve (12) vehicles simultaneously P5 Super Service Station - thirteen (13) or more vehicles simultaneously P6 Health & Fitness Facility over 5,000 square feet P7 Medical Care Facility over 5,000 square feet P8 Professional Services over 5,000 square feet P9 Major Motor Vehicle Repairs - emit odors, noise P10 Major Repair Shops - emit odors, noise4/21/2022 Ammon City Council 08.01.2024Page 83 of 127 CHAPTER 39 RS RESIDENCE ZONE SMALL SECTION: 10-39-1: General Objectives and Characteristics of Zone 10-39-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in establishing the RS Residence Zone Small is to provide a residential environment within the City which is characterized by smaller lots and a denser residential environment to allow for smaller, transitional, affordable housing. The intent of this zone is to be used for residential infill projects. The principal permitted uses in the RS Residence Zone Small shall be single family dwelling units and certain other public facilities which are necessary to promote and maintain stable residential neighborhoods. No single lot shall contain more than one living unit. This zone does not allow density that will exceed 6.0 living units per acre. In order to accomplish the objectives and purposes of this ordinance and to promote the essential characteristics of this RS zone, the following regulations shall apply in the RS Residence Zone (see also §10-5 Supplementary Regulations to Zones, §10-7 Special Provisions Applying to Miscellaneous Uses, §10-29 Subdivision Regulations, and §10-37 District Use Matrix). The Residence Zone Small shall have those characteristic and requirements as outlined in the Zoning Matrix attached as Exhibit A and made a part hereof as if set forth in full. Page 1 of 1 xx-xx-202x Ammon City Council 08.01.2024Page 84 of 127 CHAPTER 41 PSC PARKS, SCHOOLS, AND CHURCHES ZONE SECTION: 10-41-1: General Objectives and Characteristics of Zone 10-41-2: Use Requirements 10-41-3: Special Provisions 10-41-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The general objective of the PSC Parks, Schools, and Churches Zone is to provide the appropriate location for parks, schools, and churches so that they may be harmonious with the surrounding areas. In order to accomplish the objectives and purposes of this ordinance and to promote the essential characteristics of this zone, the following regulations shall apply in the PSC Parks, Schools, and Churches Zone (see also §10-5 Supplementary Regulations to Zones, §10-7 Special Provisions Applying to Miscellaneous Uses, and §10-37 District Use Matrix). 10-41-2: USE REQUIREMENTS: See 10-37-1 (A) Commercial District Uses Matrix. (A) Public and semi-public use parks shall be a permitted use and must follow the provisions as set forth in 10-7-1. (B) Public and parochial schools shall be approved by the Board of Adjustment as a conditional use and must follow the provisions as set forth in 10-7-1. Schools are subject to development agreements as outlined in 10-40. (C) Churches shall be approved by the Board of Adjustment as a conditional use and must follow the provisions as set forth in 10-7-6. Churches are subject to development agreements as outlined in 10-40. 10-41-3: SPECIAL PROVISIONS FOR SCHOOLS AND CHURCHES: (A) Public and semi-public use parks shall be a permitted use and must follow the provisions as set forth in 10-7-1. (B) Public and parochial schools shall be approved by the Board of Adjustment as a conditional use and must follow the provisions as set forth in 10-7-1. (C) Churches shall be approved by the Board of Adjustment as a conditional use and must follow the provisions as set forth in 10-7-6. (A) All buildings shall follow the setbacks of the most restrictive surrounding zone to the parcel. Public and parochial schools may be erected to any height, provided the building tğŭĻ Њ ƚŅ Ќ t{/ tğƩƉƭͲ {ĭŷƚƚƌƭͲ ğƓķ /ŷǒƩĭŷĻƭ œƚƓĻ wĻǝźƭĻķ ǣΏǣΏЋЉЋЍ ЌΏЉЊΏЋЉЋЌ Ammon City Council 08.01.2024Page 85 of 127 follows the additional height setback requirements in 10-5-7. (B) A fence shall be installed at the boundary line of property located adjacent to any single- family residential zone. (C) No dust, odor, smoke, vibration, or intermittent light, glare, or noise shall be emitted which is discernible beyond the premises, except for normal movement of automobile traffic. (D) Landscaping shall be as set forth in section 10-5-24. (E) Off street parking shall be provided, as required in this ordinance, and shall be hard surfaced. (F) Modular units shall be approved by the Board of Adjustment as a conditional use. 10-41-4: CITY PARK DEDICATION: (A) Design Review: All city park designs shall be submitted for review before submission of the preliminary plat and approved by the City Parks Director. (B) Size: Parks dedicated to the City shall not be under 5.0 acres, unless otherwise approved by the City Council. a. Park space shall be donated in one contiguous property unless otherwise approved by the City Council. (C) Equipment: a. Required for All City Parks: i. Walking path (minimum of 0.25 miles) ii. Benches iii. Drinking fountain iv. Trash cans v. Bike rack vi. Hard surface off-street parking spaces b. Amenities: Additional improvements may be required by the City on a case by case basis to ensure that dedicated park spaces are a public benefit to the City. These improvements may include: i. Playground equipment ii. Walking paths iii. Outdoor shelters with picnic tables iv. Sport court or field v. Fenced, off-leash dog area vi. Restroom facilities vii. Other recreational equipment or amenities c. Quality: All equipment shall be commercial grade tğŭĻ Ћ ƚŅ Ќ t{/ tğƩƉƭͲ {ĭŷƚƚƌƭͲ ğƓķ /ŷǒƩĭŷĻƭ œƚƓĻ wĻǝźƭĻķ ǣΏǣΏЋЉЋЍ ЌΏЉЊΏЋЉЋЌ Ammon City Council 08.01.2024Page 86 of 127 (D) Paths and Trails: Connectivity shall be made whenever possible to existing or planned paths or trails. a. Pathways shall be asphalt and constructed to accessibility standards. (E) Irrigation: In accordance with Idaho Code 67-6537, surface water is required as the primary water source for irrigation. Irrigation for all parks shall comply with City Code 8- 10. (F) Landscaping: All parks shall be fully landscaped with grass, trees, and other landscaping items. These requirements are applicable to all parks excluding areas designated to be nature areas with natural vegetation or with zero water landscaping, as approved by the Parks Director. All landscaping items shall be drought tolerant, unless otherwise approved by the Parks Director. (G) Warranty Period: All infrastructure shall have a two (2) year warranty period. (H) Other Parks: Parks that do not meet the requirements or are not accepted by the City shall be owned and maintained by a Home Owners Association, Owners Association, or other private owner. tğŭĻ Ќ ƚŅ Ќ t{/ tğƩƉƭͲ {ĭŷƚƚƌƭͲ ğƓķ /ŷǒƩĭŷĻƭ œƚƓĻ wĻǝźƭĻķ ǣΏǣΏЋЉЋЍ ЌΏЉЊΏЋЉЋЌ Ammon City Council 08.01.2024Page 87 of 127 PROCEDURES PROCEDURE TO ADOPT AN ORDINANCE Ordinance No. 721 introduced and read by title. AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING AND ADOPTING TITLE X, PLANNING AND ZONING; CHAPTER 2, DEFINITIONS; CHAPTER 5, SUPPLEMENTARY REGULATIONS; CHAPTER 27, ZONING OVERLAYS; CHAPTER 29, SUBDIVISION REGULATIONS; CHAPTER 37, DISTRICT USE MATRIX; CHAPTER 39, RS RESIDENCE SMALL ZONE; CHAPTER 41 PSC PARKS, SCHOOLS, AND CHURCHES ZONE; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. Councilperson moves: Councilperson seconds: Roll call vote on motion. Ordinance again read by title. AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING AND ADOPTING TITLE X, PLANNING AND ZONING; CHAPTER 2, DEFINITIONS; CHAPTER 5, SUPPLEMENTARY REGULATIONS; CHAPTER 27, ZONING OVERLAYS; CHAPTER 29, SUBDIVISION REGULATIONS; CHAPTER 37, DISTRICT USE MATRIX; CHAPTER 39, RS RESIDENCE SMALL ZONE; CHAPTER 41 PSC PARKS, SCHOOLS, AND CHURCHES ZONE; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. Councilperson moves: 721 and summary as an ordinance of the City of Ammon on Councilperson seconds: Roll call vote. Ammon City Council 08.01.2024Page 88 of 127 CITY OF AMMON BONNEVILLE COUNTY, IDAHO ORDINANCE NO: 721 AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING AND ADOPTING TITLE X, PLANNING AND ZONING; CHAPTER 2, DEFINITIONS; CHAPTER 5, SUPPLEMENTARY REGULATIONS; CHAPTER 27, ZONING OVERLAYS; CHAPTER 29, SUBDIVISION REGULATIONS; CHAPTER 37, DISTRICT USE MATRIX; CHAPTER 39, RS RESIDENCE SMALL ZONE; CHAPTER 41 PSC PARKS, SCHOOLS, AND CHURCHES ZONE; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF AMMON, IDAHO THAT: Section 1. Chapter 2, Definitions Title X, Chapter 2, Section 1 of the City Code of Ammon shall be amended to read as follows: 10-2-1: DEFINITIONS: For the purpose of this ordinance, certain words and terms are defined as follows: words in the present tense include the future and the future includes the present; the singular number includes the plural and the plural the singular; the word lot includes the word plot, tract, or parcel of land as the sense may require it; the term erected means constructed, altered, moved, or repaired; words shall and must are always mandatory. For the purpose of this plan, the following definitions will be used: Accessory building: A subordinate building, the use of which is incidental to that of the main building. Accessory use: An activity or structure that is incidental or secondary to the principal use on the same lot. Acre: 43,560 square feet. Administrative Record: The record of whatever is formally presented to an appellate body; this material can be used as the case moves up through the system. For example, in a zoning case, the things said and exhibits presented at the zoning hearing become the administrative record and may be used if the case goes on to a city council or court. Adult Business: Any business promoting or selling sexually oriented products, these businesses would not allow admission of minors. These businesses cannot be located within twenty-five hundred (2500) feet of any religious institution, school, public park or building or residentially zoned property. Ordinance #721 TITLE X AMENDMENTS Page 1 Ammon City Council 08.01.2024Page 89 of 127 Aesthetic Zoning: Aesthetic zoning is designed to create, preserve and promote beauty or a particular architectural theme. Like all zoning, whether aesthetic or otherwise, it promotes community interest and is based on the principle that the public welfare outweighs the interests of the individual property owner. Justification for aesthetic zoning is to be found within the broad confines of general welfare. In the past, the courts were reluctant to recognize aesthetics as a main reason without joining it with other reasons such as property values. Agriculture: Agriculture shall mean the growing of soil crops in the customary manner in the open. It shall not include livestock raising activities; nor shall it include retailing of goods on the premises. Agriculture, Commercial: any agricultural land being used as a farm, greenhouse, nursery, sod farm, tree farm, orchard, vineyard or similar use for commercial purposes. Agriculture Land: Land used for the raising of plant crops. Agriculture, Urban: The production of vegetables, fruits, honey, and eggs by residents for personal consumption and may include production by members of a neighborhood or by a nonprofit organization on one or more vacant lots for personal consumption or for the off-site sale of small quantities. Alley: A Public way primarily for utility use and for servicing the property adjacent thereto. Amusement Enterprise: Any carnival, amusement ride business, game arcade, or similar amusements, games, or contests. Annexation: The process by which cities expand their legal boundaries to include areas previously only governed by county government. Municipal annexation normally involves extension of services to the annexed territory by the city and allows the city to impose property taxes, fees and service charges in the area. Annexation is accomplished through publishing and passage of a city ordinance. There are certain continuity requirements as well as a stipulation that the newly annexed property must be within a negotiated area of city impact. Some cities, when extending city services beyond city boundaries, require residents in the area to sign annexation agreements (see annexation agreement, municipal), essentially promising they will not protest, annexation when it is proposed. Annexation Agreement: An agreement comprised of the requirements or special conditions that serve as conditions of a developer/developers and/or the city prior to or as an annexed area is developed. Annexation Agreement, Municipal: When a city is considering extending services to an area outside its boundaries but is not yet planning to annex the property, it may seek to obtain a written agreement from the property owners that they will not oppose annexation when it is proposed. Apartment: A dwelling unit within a multiple family residence which is or is to be rented, leased or hired out. Area of City Impact: Idaho law requires cities to prepare a land use plan that not only plans for the area within the unincorporated area of the county and have not y purpose of the area of impact is to determine whose developmental regulations (comprehensive plan and t to city boundaries. Officially negotiated areas of city impact are a prerequisite for cities to annex adjacent properties. Assembly/Light Manufacturing: assembly of materials from previously prepared parts to construct items such as, but not limited to: appliances, farm equipment, mining machinery, excluding junk yards and auto wrecking yards. Assembly, Place of: The use of land for a meeting place where persons gather together for purposes of attending civic, social, religious functions, recreational events or entertainment performances on a regular or recurring basis including, but not limited to, religious institutions, banquet facilities, funeral homes, theaters, conference centers, stadiums, or indoor or outdoor recreational facilities. Assisted Living Center: A building for the care and keeping of elderly, ill, physically or mentally disabled people. Ordinance #721 TITLE X AMENDMENTS Page 2 Ammon City Council 08.01.2024Page 90 of 127 Attached: see chapter 14A Auto Court, Motor Court: See Motel. Bed and Breakfast Establishment: See Boarding/Lodging House. Beer and Wine Café: To serve beer and wine by the drink, at retail upon premises or as carry-out in an establishment with an age limit of 21 years of age or older, with little or no food service. Bench Seat: For the purpose of this ordinance bench seating will be calculated one (1) seat for every eighteen (18) inches of bench. Bike Lanes: See Trails (Bicycle/Pedestrian) Bikeway: See Trails (Bicycle/Pedestrian) Board of Adjustment: A quasi-judicial body responsible for hearing appeals from decisions of the local zoning administrator and requests for variances, special use permits and other quasi-judicial and administrative determinations as may be delegated by ordinance. Boarding House/Lodging House: A building containing not more than one kitchen where, for compensation, sleeping space and meals are provided pursuant to previous arrangements on a daily, weekly or monthly basis in contradistinction to a hotel or a café. Billboard Sign: See Sign (Off-Premise). BMPA: Bonneville Metropolitan Planning Area. BMPO: Bonneville Metropolitan Planning Organization. Buffer Areas: A parcel of land established to separate incompatible adjacent land uses, such as a commercial use and a residential use. The area may vary in width include walls, fences, or screen plantings, to insulate the adjoining properties from noise, traffic, or visual intrusions. Some ordinances require commercial and industrial districts to install a buffer area wherever the property line abuts a residential district. The term may also be used more broadly to describe any zone that separates two unlike zones, such as a transitional multiple family or professional business zone between commercial zone and a single-family zone. Buffer Areas (Land): A parcel of land established to separate incompatible adjacent land uses. The area may vary in size and may include walls, fences, screen plantings or earthen mounds (berms) to insulate the adjoining properties from noise, traffic or visual intrusions. Buffer Areas (Zone): Describes any zone that separates two unlike zones. For example, in some instances a multiple family or professional business zone may be used between commercial zones and single-family zones. Building: Any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind Building, Main: One or more of the principal buildings upon a lot. Building Official or Inspector: Individual or organization designated by the City to perform inspection and related services under this ordinance. Building Shadow Line: A two--eye view of a building, looking straight down, consisting of the outermost of all above-ground story walls which separate the interior from the exterior of the building. For purposes Ordinance #721 TITLE X AMENDMENTS Page 3 Ammon City Council 08.01.2024Page 91 of 127 of defining the shadow line only, porches, patios, and other open, partially open or unheated rooms or areas, and garages are considered to be exterior to the building. Carport: An overhead structure not completely enclosed by walls for the shelter of automobiles. Car Wash: A building containing equipment for washing cars or other vehicles. Cemetery: A burial ground or graveyard. Central Business District: The core commercial area of a cityusually downtown that has a broad range of financial, retail, government, entertainment and other activities. Child Care Facilities: For the purpose of this ordinance child care facilities shall be classified and defined with the following designations: Family Child Care Facility: Those facilities providing child care for five (5) or fewer children. Group Child Care Facility: Those facilities providing child care for six (6) to twelve (12) children. Child Care Center: Those facilities providing child care for thirteen (13) or more children. NOTE: Operating and licensing requirements for Child Care Facilities are found in the Ammon City Code, Title 6, Chapter 3, Childcare Regulations and Licensing. Clinic: A building used for the diagnosis and treatment of ill, infirm and injured persons, but which building does not provide board, room or regular hospital care and services. Club: A building used, occupied and operated by an organized association of persons for social, fraternal, religious or patriotic purposes, whose activities are confined to the members and their guests, but shall not include any organization, group or association the principal activity of which is to render a service usually and ordinarily carried on as a business. Cluster Zoning: Cluster zoning generally refers to development patterns for residential, commercial, industrial, institutional or a conventional lot-by-lot development. To remedy the effects of grouping of clustering of buildings the density requirements of Common Wall: See Party Wall/Common Wall. Commercial (Heavy): Establishments engaged in the trade of goods and services which usually generate high volumes of traffic, are congregated upon or occupy large areas of land, tend to have high levels of onsite activity, or do not deal directly with final consumers. Those zones considered in the heavy commercial designation are C-1, HC-1, CC-1 and GC-1. Commercial (Light): Establishments engaged in the trade of goods and service which usually generate minimal to moderate volumes of traffic. Those zones considered in the light commercial designation are PB and MU. Often the uses allowed within these zones are compatible with adjacent residential use when buffered efficiently. Communications Facility: Amateur Radio Operators w/antennas, in residential areas, wireless communication towers in high-density residential and commercial zones, or broadcasting studios in commercial zones. Comprehensive Plan: The comprehensive plan is intended to be a guide as to the nature and direction of future growth and development, and is formulated with public input, study and analysis of existing physical, economic environmental and social conditions and a projection of what future conditions are likely to be. The comprehensive plan must consider: private property rights; population; school facilities and transportation; economic development; land use; natural resources; hazardous areas; public services, facilities and utilities; transportation; recreation; special areas or sites; housing, community design and implementation when planning. Once adopted, the plan serves as a guide for making land use decisions, preparation of zoning Ordinance #721 TITLE X AMENDMENTS Page 4 Ammon City Council 08.01.2024Page 92 of 127 and subdivision ordinances and capital improvement plans, and determining the rate, timing and location of future growth. One part of the comprehensive plan includes a map showing approximate areas of use designations. Conditional Use/Conditional Use Permit: Certain uses because of their size, special requirements or possible safety hazards are expected to have detrimental effects on surrounding properties, but may be compatible with the other uses if they are properly designed. Such uses are classified in zoning ordinances as conditional uses requiring conditional use permits. A conditional use permit may only be granted after a hearing before the Planning and Zoning Commission and a recommendation is made to the Board of Adjustment. With a recommendation of the Planning and Zoning Commission, the Board of Adjustment can accept or reject the request of a Conditional Use Permit. Specific requirements of the conditional use can be placed before a permit may be issued. Condominium: Defined at the highest level in Idaho Statute section 55-101B, and Idaho Statute Title 55, Chapter 15. For purposes of this ordinance, the word condominium refers to an individual condominium unit as defined by Idaho Statute sections 55-1503 (d) and 55-1509, within a specific building. In brief, a condominium is a separate, independently owned portion of a building where, "unless otherwise expressly provided in the declaration, deeds, plat or plats", "the physical boundaries of the unit are the interior surfaces of the perimeter walls, floors, ceilings, windows and doors thereof, and the unit includes both the portions of the building so described and the airspace so encompassed". The owner of each condominium in the building also owns an interest in common of all common areas of the building or buildings and pertinent grounds in proportion to the value of the owner's condominium unit, compared to the cumulative value of all condominium units within the building or buildings. Condominium Plat: A parcel of land recorded with the County as a condominium plat, consisting of two or more buildings, where each building and usually the ground it sits on is or can be independently owned, but where part or all of the ground, including but not limited to parking spaces, parking aisles, and landscaping, is owned in common by the various owners of each of the buildings included within the condominium plat, as regulated by Idaho Statue section 55-101B, and Idaho Statute Title 55, Chapter 15. Convalescent Home: Any building or structure used for or occupied by persons recovering from illness or requiring nursing or similar care; not otherwise classified as a hospital. Covenant (subdivision): A covenant is an agreement written into deeds and other documents that promise performance or non-performance of acts, or stipulating certain uses or non-uses of property. Covenants recorded by the developer for a subdivision are not binding or enforced by the City. Covenant agreements are enforced by individual property owners or commonly by home owner associations. Cultural Facility: Any facility that is used for the display of items or performances relating to ideas, customs or social behavior of a society. Such as, but not limited to: art galleries or museums. Curb Cut: A cut in the curb line for the passage of vehicles. Day Care: See Child Care. Dedication: The assignment of private property to a specific public use and its acceptance for such use and ownership by the City. Examples of dedication would be roadways, parks, future building lots for City expansion etc. Density: The number of living units per acre of land. Density is controlled through maximum allowances in the zoning ordinances. Density (Low): Use of land for residential purposes with detached single-family dwellings on larger lot sizes and a maximum of six (6.0) living units per acre, attached single family dwellings will have a maximum density of four (4.0) living units per acre. Density (Medium): Use of land for residential purposes with single or multiple family dwellings on small sized or clustered lots where the density generally is greater than six (6.0) living units per acre with a maximum of twelve (12.0) living units per acre. This designation could be comprised of both attached and detached dwellings. Ordinance #721 TITLE X AMENDMENTS Page 5 Ammon City Council 08.01.2024Page 93 of 127 Density (High): Use of land for residential or mixed-use purposes where although there may be a mixing of housing types, the density generally is greater than twelve (12.0) living units per acre with a maximum density of twenty (20.0) living units per acre. The various residential density limitations defined above shall not be construed to prohibit Planned Unit Developments or similar special developments. These types of developments often concentrate residences at densities higher than those allowed above in one part of the development, in exchange for open space, trails or parks in the remainder of the development. The final density of each such special development taken as a whole, however, may not exceed the density limitations specified above. Further, such special types of development must meet special requirements as City Council shall determine and delineate in the zoning ordinance. Development Rights: The rights associated with the purchase of a parcel of property. A purchaser also acquires a number of rights towards the use of that property, such as the right to build a home, a right to develop commercially, a right to remove gravel or other minerals, a right to use water, a right to raise crops. Which of these rights are purchased with each property depends on the zoning, other applicable regulations and the terms of the purchase. Developed Area: Annexed land, which includes existing structures, and property where a building permit has been issued. Down Zoning: A change in zoning to a classification requiring development that is less intensive such as from multi-family to single family or from commercial to single family residential. A change in the opposite direction Drive-through Facility: any facility that allows vehicular traffic contact with a building for commercial transactions such as, but not limited to: banks, credit unions, fast-food establishments. Dwelling: Any building that contains a dwelling unit, used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes. Exceptions to this definition include but are not limited to, a hotel/motel, boarding or rooming house, rest home, convalescent home, child care center, or travel trailer. Dwelling Unit: A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Dwelling Group (Planned): Two or more buildings used for dwelling purposes located on one lot and not subdivided into customary streets and lots. Easement: An easement is a right granted by the owner of land to another party for a specific limited use of that land. Electric Vehicle Charging Station (Private): A device not accessible to the public that transfers electric energy to a battery or other energy storage device in an electric vehicle for personal use and not for financial profit. Also known as a Private EV Charging Station. Electric Vehicle Charging Station (Public): A commercially accessible device that transfers electric energy to a battery or other energy storage device in an electric vehicle. May be placed in any commercial zone. Also known as a Public EV Charging Station. Emergency Services: any entity providing emergency services such as, but not limited to: ambulance service, emergency medical services. Equestrian Facility: any facility that provides services such as, but not limited to: riding academies, stables for rent or private use. FEMA: Federal Emergency Management Agency. Ordinance #721 TITLE X AMENDMENTS Page 6 Ammon City Council 08.01.2024Page 94 of 127 Financial Institutions: businesses which handle individual or group finances, such as, but not limited to: banks, credit unions, lending institutions, investment companies. Floor Area: The floor area of a building is the sum of the areas of the several floors of the building, including basements, mezzanine and intermediate floored tiers and penthouses of headroom height, measured from the exterior walls or from the centerline of walls separating buildings. The floor area does not include such features as pipe trenches, exterior terraces or steps, chimneys, roof overhangs, etc. Food Service: any business that deals with the handling of food, such as, but not limited to: drive-through fast-food establishments, catering facilities, coffee roasting facility. Foster Family Care Homes: For the purpose of the Ammon City Code Foster Family Care Homes shall be defined as a location within the City where a minor or minors have been placed in a ward, group home, private home or any other facility approved as an Idaho State-certified foster caregiver. This term shall not be construed to limit or restrict people within residential zones from serving as foster parents in their own home or residence. Fractional Numbers: In determining the requirements of this ordinance, whenever a fraction of a number or a unit is one-half or more and whenever a fraction of a number or a unit resulting from a computation is one-half or more, said fraction shall be considered as a whole number or a unit. Frontage (Street): For the purpose of this ordinance frontage shall be defined as any portion of a lot boundary which boundary is adjacent to a dedicated roadway. Garage (Private): A detached accessory building or portion of a main building designed for the parking or temporary storage of automobiles of the occupants of the premises in contrast to a parking garage where the parking or automobile temporary storage space is let for commercial gain. Golf Course: an area of land laid out for golf with a series of 9 or 18 holes each including tee, fairway, and putting green and often one or more natural or artificial hazards. Governing Board: For the purpose of this plan the governing board shall refer to the City Council and Mayor. Government: Any facility that will be used to house government offices, either federal, state, county or city. Unless zoned otherwise, excluding the storage of materials or equipment. Grade: The average of the finished ground level at the center of exterior walls of a building. Greenspace: An open space that includes landscaped areas typically planted with trees, shrubs, grass and other vegetation. Grocery: A store that sells food and household supplies Ground Floor: The floor area found on the first story above grade. The first story above grade is the lowest story which is more than one half above grade. For split levels, it includes the first story above grade of each portion of the split. Grandfather Clause/Grandfathered: A legal provision that allows people engaging in an allowed activity or business before a new form of regulation or standards is imposed to continue in that activity without having to go through the new process or meet the new standard. Guest: A person staying or receiving services at a hotel, motel, boarding house, rooming house or rest home or similar use for compensation. Guest House: A guest house is an accessory building within a residential zone built with the intent of accommodating short term guests without compensation. Ordinance #721 TITLE X AMENDMENTS Page 7 Ammon City Council 08.01.2024Page 95 of 127 Health and Fitness Facility: A facility that contains equipment or classrooms designed for exercising. These facilities could contain the following options but are not limited to: athletic clubs, weight reduction salons, semi- public swimming pools. The areas where these facilities can be placed will be determined by size. Height of Building: The height of a building shall be the vertical distance from the grade to top of the building walls. Where the building walls vary in height, the height of the building shall be determined by multiplying the length of each section of said wall by its height and dividing the sum derived there by the total length of wall. High Density Residential: See Density (High). Home Occupation: conducted within a residential dwelling, or allowed appurtenant building, without in any way changing the appearance or condition of the structures and carried on by persons residing therein. Applications for home occupations may be granted in any residential zoning area of the City. In some cases, a home occupation may be granted on condition of compliance to certain regulations. Hospital/Surgical Center: An institution where the ill or injured human beings are offered treatment of a type recognized by state law, such as medicine and surgery, osteopathy and the like. Hotel/Motel: Any building where individual sleeping quarters are used, rented or hired out to guests on a daily or short-term basis, where the living units are occupying a building site or area under one ownership, used for the purpose of furnishing transient living accommodations, traditionally not containing kitchen facilities. Household Pet: Animals or fowl customarily permitted in the house and kept for company or pleasure, including dogs, cats, canaries and similar pets. Illegal Use: A use, building or activity that is prohibited by the zoning ordinance and was established after the zoning ordinance became effective. Industrial and Manufacturing: All types of manufacturing and industrial establishments. Infill Development: Developments on unused or underutilized lands that are adjacent on two or more sides by previously developed property and require minor extensions of mainline municipal services. Infrastructure: The physical structures necessary to sustain a population base such as bridges, roads, water, sewer, city halls and fire stations. Often, park lands or landscaping along arterial roadways are included in infrastructure improvement requirements. Institutional: Institutional buildings and spaces, both public and semi-public, such as schools, churches, hospitals and nursing homes. Kennel: Any lot or premises on which three (3) or more dogs over four (4) months old are kept. Kennel, Commercial Boarding: A facility that houses small house pets, usually dogs or cats, either inside or outside for a fee. Land Use: The way in which land is being used. Specific land uses are either permitted, conditionally permitted or prohibited in each zone. Land Use Plan: See Comprehensive Plan. Landscape Strip: A strip of property adjacent to or required on private property often abutting a road right of way and sidewalk. The width of the strip is determined based on City standards at the time of development. In many subdivisions the landscape strip is used as a place to move snow onto from the adjacent roadways during the winter months. For this reason, it is advised that plantings within the landscape strip be low growing and hardy. The strip Ordinance #721 TITLE X AMENDMENTS Page 8 Ammon City Council 08.01.2024Page 96 of 127 may contain landscaping material such as grass, decorative plants, decorative rock, or bark. Hard surfacing of the landscape strip is not allowed in any residential subdivision. Living Unit/Area: See Dwelling Unit. Local Land Use Planning Act: Mandated in 1975 by the Idaho Legislature. The act requires cities and counties to enact comprehensive plans, zoning and subdivision ordinance, defines the powers and responsibilities of the planning and zoning commission and governing board with respect to land use issues and sets standards for procedural requirements including public notice and hearings. Lodging House: See Boarding/Lodging House. Lot: Land occupied or to be occupied by a building or building, together with such open spaces as required under this ordinance, and having its principal frontage on a street or an approved access easement. Also building sites without reference to lots as recorded on official plats. Lot (Corner): A lot where two adjacent sides are bordered by public street(s). Lot (Double Frontage): See Lot (Reverse Frontage). Lot (Interior): A lot other than a corner lot. Lot (Reverse Frontage): For the purpose of this ordinance reverse frontage will refer to either the side yard or the rear yard of any building abutting an arterial street. Access to the arterial from the reverse frontage property is prohibited. In some instances, a residential street may be designated as a low access street and access may be denied as if it is an arterial street. Lot (Through): See Lot (Reverse Frontage). Lot of Record: A lot that is part of a subdivision officially recorded or a lot or parcel described by metes and bounds, the description of which has been recorded. Manufactured Home: As defined in Title X, Chapter 30, Section 1 of this Code. Manufactured Home Court: A court opening on a public way equipped with sanitary facilities for the parking of two (2) or more occupied manufactured homes. Manufacturing: Any facility which contains equipment for the purpose of producing a product for sale. These shop (woodworking, stone mason, etc.), countertops, dry cleaning plants, laundry plants, printing plants, food preparation plant, glass cutting and installation, microbrewery, milling or smelting of ores, milk distribution stations, creameries, bottling works, sign shop including painting, welding, woodworking. The placement of these facilities will be determined by use, based upon noise and fumes emitted. The following uses, along with any similar uses, are NOT permitted in the manufacturing zone: garbage dumps, dead animal reduction, distillation of bones and organic fertilizer manufacturing, explosive manufacturing and storage, glue manufacturing, livestock auctions, establishments that use explosives or other dangerous materials, petroleum refining and refining of crank case oil, rubber manufacturing, cement, lime gypsum, rock wool or plaster of paris, construction sand and gravel mining, stock yards, feed yards, or slaughter of animals. Master Plan (Land Use): See Comprehensive Plan. Master Plan (Mixed-Use): See Chapter 35, Mixed-Use Medical Care Facility: Any facility that will contain services provide by medical personnel, such as, physicians, clinicians, nurses, etc. These facilities may include but are not limited to: medical clinic, emergency healthcare, Ordinance #721 TITLE X AMENDMENTS Page 9 Ammon City Council 08.01.2024Page 97 of 127 social services, dental, optometry, rehabilitation center, or general practitioner. Placement of these facilities will be based on size. Also see Hospitals. Metes and Bounds: A system of describing and identifying a tract of land by distance (metes) and directions (bounds) from an identifiable point of reference. Mixed-Use: The Mixed-Use zone is to provide for a variety and mixture of compatible uses, such as professional offices, small scale retail, restaurants, recreational, personal services including public facilities, and residential both single family and multi-family. Mobile Home: A manufactured relocatable living unit, which is not to be placed on a permanent foundation. Motel: See Hotel/Motel. Motor Vehicle Sales: A facility which sells motorized vehicles such as, but not limited to; new or used automobiles, boats, motor homes, or farm machinery. Motor Vehicle Service: A facility which repairs motorized vehicles such as, but not limited to: automobiles, boats, motor homes, or farm machinery. Also see Repair Shops. Moratorium: An action by the City to impose a temporary halt on a type or area of development. Moratoriums must meet specific guidelines outlined by State Statutes. Mortuaries, Funeral Parlors, Crematory: An establishment where the dead are prepared for burial or cremated, where the body may be viewed, and where funeral services are sometimes held. Multi-Family Residence: A building containing two (2) or more dwelling units, excluding attached single family zero lot line residential units. Multi-Use Path/Trail: See Trails (Bicycle/Pedestrian) Non-Conforming: (Uses, Lots, Structures): Lots, structures, uses of land and structures, and characteristics of uses A non-conforming lot, structure or use is normally allowed to remain unless there is a compelling reason, such as imminent danger to health or safety to discontinue it. Notice, Public: The Idaho Open Meeting law requires posted meeting and agenda notice for regular and special meetings of the planning and zoning commission and governing board. The Local Land Use Planning Act also sets forth public notice requirements for specific types of planning and zoning decisions, including publication and written notice to neighboring property owners. Nursery (Day Care): See Child Care Facility. Occupancy (Change of): Any change in the character of use of a building or premises, not including change of tenants, proprietors or occupants. Off-Street Parking Space: An area for the parking of automobiles which does not include a public street but has convenient access to it. Office, Business: Any space either owned or leased which contains office space for professional, medical, research development and laboratories not involving any type of hazardous or explosive materials. Open Space: Land with non-development or minimal development types of uses. Normally considered as park areas or large landscape areas around commercial developments there are actually three different types of open spaces. (1) privately owned open space: the yards or area associated with private homes; (2) common used open space land designated at the time of recording a plat or site plan as open space for common access and use by the Ordinance #721 TITLE X AMENDMENTS Page 10 Ammon City Council 08.01.2024Page 98 of 127 residents of the development or community, or (3) public open space that is owned by the City for the active or passive recreational use of the public (parks). Outdoor Entertainment: Any property which would allow outdoor activities such as but not limited to: drive-in theater, semi-public swimming pools, water parks, outdoor stage or music venue. Outdoor Shooting Range: A specialized facility designed for firearms qualifications, training or practice. These facilities must ensure bullet containment. Overlay Zone: A zone which is superimposed over other zones and in which certain regulations land restrictions apply which supplement or which modify the regulations and restrictions applying in the underlying zones. Overlay (Zoning): A use or zone that is applied to a specific geographic area. Animal overlay allows animals normally prohibited within a zone to be allowed within specific guidelines. Planned transition overlay is designed to transition from one land use type to another land use type, usually involving a zone change that is allowed under specific terms of the planned transition overlay. Conditional use permit overlay is designed to show the areas within the City that have permanent conditional use permit allowed. Most often this conditional use permit would be a school or a church. Park Landscape Strip: A buffering strip consisting of a combination of fencing or wall, berm and landscaping. The strip shall be between thirty (30.0) and sixty (60.0) feet in width, as recommended by the Planning and Zoning Commission. The strip shall include minimum a six (6.0) foot high opaque fence or wall adjacent to the property boundary, a minimum six (6.0) foot high berm, adjacent to the fence or wall and shall include trees and shrubs to act as buffering between the properties. Landscaping is to be matured trees and shrubs at time of planting. The entire park landscape strip is to be landscaped with grass or ornamental planting. Landscaping may include walking paths or other decorative landscape items. The area within the park landscape strip may be used as part of the required storm water retention area. This property is to remain a part of the development and be maintained in perpetuity by the owner/developer or its agent. Parks (Public): Parks which are maintained by a public agency or in some cases open spaces designed into Planned Unit Development open spaces. Parks (Semi-Public): Parks which are provided and maintained by a church, club, lodge or other non-profit organization. Parks, Playground, Recreation and Open Space: An area which has been dedicated, designed for or used for outdoor recreation activities; including City parks, and playgrounds, church or club-sponsored parks and playgrounds and privately developed parks and playgrounds within certain types of subdivisions. Parking Facility, Off-Site: Any property that is used for parking lots or parking garages to temporarily house vehicles usually for a fee. Parking Space: Space within a building or parking area exclusive of driveways, ramps, columns, office and working areas, for the parking of motor vehicles. Parking spaces shall be no less than twenty (20) feet in length and not less than ten (10) feet in width. Party Wall/Common Wall: A fire-resistive-rated wall assembly for exterior walls located on a lot line between adjacent Dwelling Units, which is used or adapted for joint service between the two dwelling units, and shall be constructed in accordance with Table R302.1 of the International Residential Code for exterior walls or such table as, may be amended in the future. Common walls shall be constructed without openings and shall create separate dwellings. Patient Care Space: Any space within a medical, chiropractic or dental clinic/office that is used for the examination or treatment of patients. This includes, but is not limited to, examination rooms, dental chairs, chiropractic tables, and operating rooms at full build out. Ordinance #721 TITLE X AMENDMENTS Page 11 Ammon City Council 08.01.2024Page 99 of 127 Pedestrian Access: A pathway, sidewalk, or trail with a minimum unobstructed width of five (5) feet that is exclusively dedicated to non-motorized users and is designed and maintained according to the Americans with Disabilities Act (ADA). Performing Arts Production: A facility that will host productions in front of an audience, such as, drama, music and dance. Planning: The process of gathering information, evaluating that information, developing alternatives for future action and setting development goals a joint effort between citizens, elected officials, the planning and zoning commission and planning staff. It consists of identifying the physical, social, and economic factors which affect and are part of the community; defining the after careful evaluation of the information and possible alternatives for the future, selecting a course of action which is most likely to bring the community closer to its desired goals. The products of this process usually include a comprehensive plan, plus zoning and subdivision ordinances that carry out the goals elucidated by the plan. Planning is a continuous process, because community goals and attitudes change, new information and philosophies emerge, and new economic and social conditions develop. This requires periodic re-evaluation of the previously established values and goals. Planned Unit Development (PUD): A development that is pre-planned in its entirety with the subdivision and zoning controls applied to the project as a whole rather than to individual lots. Therefore, densities are normally calculated for the entire development, usually permitting a trade-off between clustering of housing and provision of common open space. The density requirements of the zone are normally maintained in the development as a whole. The PUD is usually characterized by a unified site design and while most commonly used for residential development, the technique can also be applied to other forms of development such as shopping centers and industrial parks and mixed uses. The PUD also refers to the process of site-plan review, in which planning and zoning, staff and the governing board has considerable involvement in determining the nature of the development. The technique includes aspects of both subdivision and zoning regulations but permits a variation in the rigid zoning and subdivision regulations. A conditional use permit is required prior to the approval of a PUD. Planning and Zoning Commission: A group of citizens appointed by the mayor and confirmed by majority vote of the governing board. The planning and zoning commission is charged with overseeing the comprehensive planning process and implementing the plan through the zoning and subdivision ordinances. The commission serves in an advisory capacity to the governing board. The Local Land Use Planning Act describes the method of creation, powers, and duties of the planning and zoning commission. Plat: A plat is a map representing the subdivision of a parcel of land into lots, blocks, and streets or other divisions and dedications. A preliminary plat is an approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, and blocks in the subdivision. A final plat is the final drawing that is recorded with the county and fulfills the numerous requirements of the Idaho platting statute (Idaho Code Title 50, Chapter 13) and local regulations. Principal Use: The principal use is the main use of a lot or building as distinguished from a secondary or accessory use on the same lot. A dwelling is a principal use on a residential lot while a garage is an accessory use. Private EV Charging Station: See Electric Vehicle Charging Station (Private). Professional Services: Any service that is provided by an individual with special training or education in a specific field, such as, but not limited to: dental office, law office, medical office, mortuary, optometry, or veterinary office. Placement of these offices will be determined by size. Also see Service Industry. Public Building: For the purpose of this plan a public building will be any city, county, public school, fire district, recreational district, state, federal, or similar governmental building located within the City of Ammon or within the Public EV Charging Station: See Electric Vehicle Charging Station (Public). Ordinance #721 TITLE X AMENDMENTS Page 12 Ammon City Council 08.01.2024Page 100 of 127 Public Hearing: A published time and meeting place where citizens can voice their opinions on a proposal. Most public hearings are held before the planning and zoning commission with a recommendation sent to the governing board after citizen input. Public Records: has a right to examine and take a copy of any public record of this state and there is a presumption that all public records in Idaho are open at all number of exceptions. Public Use: A structure or use intended or used for a public purpose by a city, a school district, the county, the state, or by any other public agency, or by a public utility. Recreational Facility: Any facility that is used for enjoyment by individuals, such as, but not limited to: amusement enterprises, such as bowling alleys, carousels, swimming pools, amusement parks, animal shows (event permit required), arts & craft shows (event permit required), entertainment, circuses + carnivals (event permit required), flex space indoor for lease, indoor shooting facility (Conditional Use Permit required), petting zoo, or theater indoor. Repair Shop: Any facility that will fix or mend a product that has been broken in some way, these services may include, but are not limited to: auto body, auto painting, auto repair (no storage of wrecked or dismantled vehicles), HVAC, electronic devices, garages (commercial, no more than 10 wrecked or dismantles vehicles), plumbing, carpenter, small engine repair, tire repair, or upholstery. Also see Motor Vehicle Repairs. Residential Zone: A geographic area of the city where residential dwellings are a permitted use under the zoning ordinance. Restaurant: A permanent facility where people pay for prepared food that may be served on or off premise. Retail-Large Scale: Any business that sells goods to the consumer that has building space in excess of 5000 square feet. These stores may include the following but are not limited to: building materials, garden equipment, farm supplies, furniture, grocery store, small machinery sales, or sporting goods. Retail-Small Scale: Any business that sells goods to the consumer that has building space of 5000 square feet or less. These stores may include the following but are not limited to: antiques, appliances, auction house, automobile supply shops, bakeries & confectionery, book stores, camera and photo supply shops, clothing, computer sales, service & maintenance, convenience store, dairy products, craft shops, delicatessen, pharmacy, florist shop, garden supply, gift shops, grocery store, hobby supply, jewelry, laundromat, paint & wallpaper, pawn shop, pet store, wine/beer shop, stationary store, or upholstery. Rezoning: A change in the zoning district boundaries of the city ordinance. Rezones must be in accordance with the comprehensive plan and may be enacted only after public notice and hearing. Rooming House: See Boarding/Lodging House. Right of Way (ROW): The right of way is the right to pass over the property of another. It usually refers to the land required for the traffic lanes plus shoulders on both sides of roadways, railroads, bike and walking trails. It is normally the land that has been dedicated to the city (public) for traffic purposes. RV Park: The location designed for the accommodation of travel trailers as defined to provide safe, sanitary and attractive facilities for the use of travel trailers. RV Space: A lot or parcel of land in a trailer park designated for use of a travel trailer. Self-Service Storage Facility: A facility that contains storage space, such as rooms, lockers, or containers, rented to tenants usually on a short-term basis. Ordinance #721 TITLE X AMENDMENTS Page 13 Ammon City Council 08.01.2024Page 101 of 127 Semi-Public Use: Any building or outdoor area that is available to the public for use either by membership or an admission fee. These areas may include, but are not limited to: civic, social, or fraternal organizations, clubs, community halls, swimming pools, or water park. Senior Independent Living Complex An independent living residence which offers rentable housing and usually one or more services to assist the resident. Residents are independent for the most part, but may like to have, or require some assistance in their daily routines. Services may but are not required to include the following: Help with grooming, bathing, shopping, providing meals, transport to appointments, etc. Service Industry: A facility that provides a service such as but not limited to: hair salon, barber shop, catering, dry cleaners, laundries, day/massage spa, laundromat. Also see Professional Service. Service Station: A facility which has pumps for the purpose of dispensing fuel or devices for the purpose of charging electric vehicles. This facility may or may not include a convenience store. Placement of this type of business will be determined by size. Setback: The shortest distance between the property line and the foundation, wall or main frame of the building. Cornices, canopies, eaves, or other similar architectural features not providing additional floor space within the building may extend into a required side, front or rear yard setback no more than three (3) feet. Setbacks will be measured from the property line to the foundation of the structure. Short-Term Rental: A short-term rental is a dwelling unit, or any portion thereof, that is offered to rent for a fee and for thirty (30) days or less. Short-term rentals shall not include a unit that is used for any retail, restaurant, banquet space, event center, or another similar use. Short-term rentals are prohibited in accessory structures not specifically designed for human habitation or within a recreational vehicle or travel trailer, except when located in an approved travel trailer court. Share Use Path/Trail: See Trails (Bicycle/Pedestrian) Shopping Center: An area or tract of land specifically set apart and zoned to provide commercial services of various types, according to an integrated, approved plan. Sidewalks: The portion of a street adjacent to or running parallel to a roadway. Sidewalks are that area designed and built for preferential or exclusive use by pedestrians. However, because many streets are too narrow to safely accommodate bicycles and motor vehicles, it may be necessary for bicyclists to share the sidewalk with pedestrians. When bicyclists must use the sidewalk, they must yield to pedestrians. At times this may necessitate the bicyclist becoming a pedestrian, by getting off of and walking beside the bicycle. Sign (Off-Premise): A business sign which directs the attention of the public to a business, an activity or to any commercial or non-commercial product(s) or service(s) that are sold offered or distributed from a location that is not on the same premises where such business sign is located. For the purposes of this ordinance, signs that contain two or more business names and that are located in a development platted and planned as one development or shopping center are not subject to this definition. Sign (Building Identification): A sign designed to identify a building either by name, address or both. Signed Shared Roadway (Signed Bike Route): See Trails (Bicycle/Pedestrian) Single Family Group Homes: For the purpose of the Ammon City Code a Group Home in any single-family residential zone shall be allowed pursuant to the requirement of the Idaho State Code 67-6531. Any group home operated within the City of Ammon shall comply with all the requirements and conditions of the Idaho State Code. Single Family Residence: A Single-Family Residence includes fully detached, semi-detached (semi-attached, side- by-side), row houses, and townhouses. In the case of attached units, each must be separated from the adjacent unit by a foundation-to-roof wall in order to be classified as a single-family structure. Said units must not share heating/air-conditioning systems or utilities. Ordinance #721 TITLE X AMENDMENTS Page 14 Ammon City Council 08.01.2024Page 102 of 127 Units built one on top of another and those built side-by-side that do not have a foundation-to-roof wall and/or have common facilities (i.e., attic, basement, heating plant, plumbing, etc.) shall not be classified as single-family residences. Site Plan: A site plan is a scale drawing showing proposed structures and improvements for a parcel of land as required by the applicable regulations. It includes lot lines, lot area, streets, parking spaces, private roadways, walkways, topographic features, reserved open space, buildings and other structures, landscaping, and the location of proposed or existing utility easements. A site plan is a more detailed representation of a proposed development than shown in a plat, and may also include density and statistical data. Site Plan Review: Site plan review is the process whereby city staff and the planning and zoning commission, review the site plan of a development to assure that it meets the stated purposes and standards of the zoning and subdivision ordinance. Special Use Permit: See Conditional Use Permit. Spot Zoning: Spot zoning is a form of discriminatory zoning that serves to further the interests of a few private property owners instead of the welfare of the entire community as set forth in the comprehensive plan. Spot zoning is based on the arbitrary and inappropriate nature of a rezoning change rather than, as is commonly believed, the size of the area being rezoned. Standard Development Agreement: An agreement between the City and a developer which requires an owner or developer to make a written commitment concerning the use of development of a specific parcel of property as a condition of development. The agreement is binding and recorded so as to bind future owners. Storm Water: Water or runoff from rainstorms or snowmelt that does not soak into the ground or evaporate, but instead flows across surface areas such as lawns, parking lots, rooftops, streets etc. Storm Water Retention: An area of retention designed to contain storm water for a period of forty-eight (48) hours. Where green space serves as the required storm water retention areas, only grasses and vegetation compatible with water retention may be allowed. Story: That portion of a building included between the surface of a floor and the ceiling next above the floor. Street Fair: A fair that celebrates the character of a neighborhood. It is usually held on the main street of a neighborhood. Street: A public thoroughfare other than an alley also referred to as an arterial, collector or local. Street (Arterial): More detailed information for the following street designations can be found in the BMPO Access Management Plan at www.bmpo.org. Principal Arterials are major roadways that are intended to primarily serve through traffic so access to abutting properties is restricted. Minor Arterials are like principal arterials, except vehicle access is less restricted. Street (Collector): Major collectors are roadways that provide local circulation over moderate distances and link arterials to local streets. Except for individual residences, they may provide direct access to abutting properties. Residential collectors are like major collectors, except they provide local circulation over short distances and although discouraged, by City Engineer approval may be permitted to provide direct access to individual residences. Ordinance #721 TITLE X AMENDMENTS Page 15 Ammon City Council 08.01.2024Page 103 of 127 Street (Local): Roadways that are intended to provide access to abutting properties and serve very little to no through vehicle traffic. Studio Commercial: A space where an individual or group sell either artwork or services. This could include but not be limited to: artist, musician, photographer, or dance instruction. Structural Alterations: Any change in the supporting members of the building, such as the bearing walls, columns, beams, girders or roof. Subdivision: The division of a developed or undeveloped tract or parcel of land into three (3) or more parts for the purpose, whether immediate or future, of sale or of building development. Subdivision is both the process and the result of laying out a parcel of undivided land into lots, blocks, streets, and public areas. Subdivision Regulations: Subdivision regulations are local ordinances that regulate the conversion of undivided land into building lots for residential or other purposes. The regulations establish requirements for streets, utilities, site design and procedures for dedicating land for open space or other public purposes to the local government or for fees in lieu of dedication, and prescribe procedures for plan review and payment of fees. Substantial Improvement: Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either: (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. Surgical Center: See Hospital/Surgical Center. Swimming Pool (Private): A swimming pool serving as an amenity to and located within the lot of a primary dwelling unit. Swimming Pool (Public): A swimming pool located on a lot where a primary residence is not included on the same lot. Examples of public swimming pools would be a pool located within a subdivision for the use of all or part of the residents within the subdivision, regardless of the type of ownership of said swimming pool. Television and Radio Broadcasting Station: Television and Radio studios, see Title 10 Chapter 32 for antenna height regulations. Town House Dwelling: Two or more Single Family attached Dwelling Units within the same building separated by zero lot line construction where ownership of the individual dwelling units is independent of each other including specified ground around the individual dwelling units and no common ownership in the building or grounds exist. Town House Unit: A Single-Family Dwelling Unit contained in a Town House Dwelling. Trails (Bicycle/Pedestrian): For the purpose of this Code, the following definitions shall be included in the definitions referring to trails: (A) Bike Lanes: A portion of a roadway designated by striping, signing and pavement markings for the preferential or exclusive use of bicyclists. Bike lanes are striped lanes on existing roadways running parallel, and adjacent, to the outside motor lane. A bike lane is for the exclusive use of bicyclists and allows for one-way travel in the same direction as the motor vehicle with one lane on each side of the road. (B) Bikeway: A generic term for any road, street, path or way which, in some manner, is specifically designated for bicycle travel, regardless of whether such facilities are designated for the exclusive use of bicycles or are to be shared with other transportation modes. (C) Multi-Use Path/Trail: Paths entirely separated from the roadway, generally by a space of at least five (5) Ordinance #721 TITLE X AMENDMENTS Page 16 Ammon City Council 08.01.2024Page 104 of 127 feet, except at infrequent intersections. Bicyclists, pedestrians and various other non-motorized users can use multi-use paths/trails. (D) Shared Use Path/Trail: A bikeway physically separated from motorized vehicular traffic by an open space or barrier and either within the street right-of-way or within and independent of right-of-way. Shared use may also be used by pedestrians, skaters, wheelchair users, joggers and other non-motorized users. (E) Signed Shared Roadway (Signed Bike Route): A shared roadway designated by signing as a preferred route for bicycle use. When signs are used, it indicates to bicyclists that particular advantages exist to using the route compared to alternates and the responsible agency has taken action to ensure the roadway is suitable and maintained. Trailer Court: See manufactured home court. Trailer House: See mobile home. Transportation Facility: A facility that provides boarding for transportation services or commercial trucking use, such as, but not limited to: bus depots, heliport, passenger railroad stations, or truck stops with layover facilities. Travel Trailer Park/Court: See RV Park Trailer Space: See RV Space. Travel Trailer: The term "travel trailer" shall mean and include all living accommodation units which are capable of unrestricted highway use and not placed upon any foundation. The term shall include, but not be limited to, travel trailers, motor home units, fifth wheels, and campers mounted on automotive vehicles. Vacant Although this category is primarily intended to specify those lands which have no particular use designation, this category is also used to specify lands which have been annexed but have not been issued a building permit or have been designated as transportation right-of-ways, major utility easements and waterways. The category could include both platted and unplatted lands. Vacation Rental: See Short-Term Rental. Variance: A waiver of specific regulations of this ordinance granted by the City in accordance with the provisions set forth in this ordinance for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same zone. Those requirements can be found in Chapter 9 section (10-9-8-B). Vertical Project: A vertical project/building can be any project or building containing two or more levels above grade. Wholesale: Sale of goods for resale as distinguished from sale of good to consumers. These include wholesale, resale and distribution centers with warehouses Yard: An open space on a lot with a building, which space is unoccupied or unobstructed from the ground upward, except as otherwise permitted in this ordinance. Yard (Front): The minimum horizontal distance measured from the building foundation or any projection thereof, excluding steps, that is closest to the street, to the property line adjacent to the street or if not facing a street, the minimum distance from the foundation to the required setback of the next adjacent building. Yard (Required): The open space around buildings which is required by the terms of this ordinance. Yard (Rear): An open, unoccupied space on the same lot as a building, measured from the building foundation closest to the rear lot line of the building (exclusive of steps) and the rear property line, and extending for the entire width of the lot. Ordinance #721 TITLE X AMENDMENTS Page 17 Ammon City Council 08.01.2024Page 105 of 127 Yard (Side): A yard between the building and the side property line of the lot and extending from the street line to the rear of the lot, measured from the building foundation nearest to the side property line. Zero Lot Line: A property line which meets either of the following two conditions: 1. A property line runs through a solid, unbroken, not hollow wall running from the bottom of the basement or crawl space to the top of the ceiling of a building. Each property to either side of this dividing wall may install any needing support beams and an inner wall against the dividing wall. Utility lines (electric, telephone, cable, etc.) and pipes (water, sewer, natural gas, etc.) may be placed behind the inner wall, but in no case may any line, pipe or any other opening pierce the dividing wall. 2. A property line which runs between two buildings whose solid, unbroken outer walls, running from the utility line or pipe may cross the two touching walls, nor may any other opening in one touching wall align with any opening in the wall it touches. Zoning Ordinance: Zoning ordinance is the local law adopted by the governing body to assure orderly development according to specific standards established for the general public welfare and govern the types of permitted land uses, the maximum density or minimum lot size, building heights, setbacks and so on. Zoning ordinances consist of text and a zoning district map. The map divides the jurisdiction into districts (zones) for different types of development, while the text specifies what regulations apply to each district, including general provisions and administration. Zoo (Petting): Temporary or permanent events, open farms or premises where contact is permitted between approved animals and members of the public, whether a fee is charged or not. Section 2. Chapter 5 Supplementary Regulations to Zones Title X, Chapter 5, of the City Code of Ammon shall be amended to read as follows: SECTION: 10-5-1: Effect of Supplementary Regulations 10-5-2: Yard Space for One Building Only 10-5-3: Sale or Lease of required Space 10-5-4: Sale or Use of lots Below Minimum Space Requirements 10-5-5: Yards to be Unobstructed 10-5-6: Area of accessory Buildings 10-5-7: Additional Height, Allowed for Public Buildings 10-5-8: Clear View of intersection Streets and Ways 10-5-9: Effect of Street Plan 10-5-10: Dwelling Sites to Abut Upon a Public Street Exceptions 10-5-11: Flood Channels and Water Courses 10-5-12: Swimming Pools 10-5-13: Concessions in Public Parks and Playgrounds 10-5-14: Sewage Disposal 10-5-15: Storage of junk and Debris Not Permitted in Residence Zone 10-5-16: Trailers 10-5-17: Storage of Commercial Vehicles in Residential Zones Prohibited 10-5-18: Minimum Height of Main Buildings 10-5-19: Exceptions to Front and Side Set-Back Requirements 10-5-20: Advertising Signs in Residential Zones 10-5-21: Prohibition of Uses 10-5-22: Temporary Uses of land and Structures 10-5-23: Required Parking and Loading Areas 10-5-24: Landscaping Ordinance #721 TITLE X AMENDMENTS Page 18 Ammon City Council 08.01.2024Page 106 of 127 10-5-25: Penalty 10-5-26: Zoning Use Table 10-5-27 Medium and High-Density Location Criteria 10-5-28 Outdoor and Exterior Lighting Title X, Chapter 5, Section 8 of the City Code of Ammon shall be amended to read as follows: 10-5-8: CLEAR VIEW OF INTERSECTING STREETS AND WAYS: For the purpose of insuring reasonable visibility and safety in the residential districts and in the business districts which require buildings to be set back from the right-of-way line, a sight triangle shall be maintained on the corner of land adjacent to the intersection of two streets, or adjacent to the intersection of an alley or driveway and a street. Where two streets intersect, the sight triangle shall be bounded by the point where the two property lines (or extension thereof) that are adjacent to the two streets intersect, and by the point on each property line located thirty (30.0) feet from the intersection point. Where an alley or driveway and a street intersect, the sight triangle shall be bounded by the point where the property line adjacent to the street, or extension thereof, and near side of the alley or driveway or extension thereof intersect, by the point on the property line located thirty (30.0) feet from the intersection point, and the point on the near edge of the alley or driveway located fifteen (15.0) feet from the intersection point, The sight triangle shall be free from structures, except as otherwise permitted in this section. Trees and other obstacles to clear sight in such triangles shall be trimmed at least seven feet above the top of curb to provide clear visibility up to that height, plus any additional height required to maintain visibility of street and traffic control signs. Trunks or other support structures shall not exceed twelve (12.0) inches in diameter, and (measured parallel to the street, alley, or driveway, from trunk or support structure center line to center line) shall not be closer to each other than twelve (12.0) feet. Shrubs, fences and walls, and other obstacles to clear sight located therein shall not exceed three (3.0) feet in height. When two alleys, drive aisles, or driveways intersect, sight must be maintained on the corner of land adjacent to the intersection the point. The sight triangle shall be bounded by the point on the near edge of the alley, drive aisle, or driveway located fifteen (15.0) feet from the intersection point. Title X Chapter 5, Section 16 of the City Code of Ammon shall be amended to read as follows: 10-5-16: TRAILERS: No occupied trailer house shall be permitted in Ammon, Idaho, except when located in an approved trailer court, or except when used as a caretaker's dwelling incidental to the use of a lot for commercial or industrial purposes, or in connection with the construction of a structure on the lot. As per City Code 10-30-9, travel trailers shall not be occupied except on a temporary basis of not to exceed thirty (30) days on any residential lot not located within a manufactured home court/mobile home park or travel trailer park. No unoccupied house trailer or mobile home shall be parked or allowed to remain in any required front yard or side yard which faces on a street in any residential zone. Title X, Chapter 5, Section 23 of the City Code of Ammon shall be amended to read as follows: 10-5-23: REQUIRED PARKING AND LOADING AREAS: (A) Off-street Parking Necessary. Off-street parking and loading space shall be provided in connection with the erection or change of use or occupancy, or the intensification of use of any building in accordance with the provisions of this ordinance, except that the Board of Adjustment, after a recommendation from planning and zoning, may reduce or eliminate the requirements for off-street parking under any of the following conditions: 1. When it can be shown that adequate parking space existed based on the ordinance in effect at the time the original or subsequent building permit was issued. 2. When the existence of a unique situation or condition mitigates the need for parking space to the extent required by a literal interpretation of this ordinance. Ordinance #721 TITLE X AMENDMENTS Page 19 Ammon City Council 08.01.2024Page 107 of 127 3. When a legal entity established for the purposes of supplying off street parking space has issued a statement to the City certifying that said legal entity will supply to the petitioner the required off- street parking space. (B) Parking and Loading Facilities, Non-Conforming. Any use of property which, on the effective date of this ordinance or of any subsequent amendment thereto, is non-conforming only as to the regulations relating to off-street parking and loading facilities may be continued in the same manner as if the parking and loading facilities were conforming. However, such parking and loading facilities as do exist shall not be further reduced unless substitute off street parking and loading space is provided which complies with the provisions of this ordinance. (C) Permissive Parking and Loading Facilities. Nothing in this Ordinance shall be deemed to prevent the voluntary establishment of off-street parking or loading facilities in excess of those required by this ordinance, provided that all regulations herein governing the location, design and operation of such facilities are adhered to. (D) Parking Spaces Required. The number of off-street parking spaces required for each use shall be not less than the number set forth herein. When calculating the required number of parking spaces, areas designated as easements for drive-through access to other buildings and other designated driveways shall not be used. 1. Required parking, residential zone. These requirements shall pertain to all residential zones existing now, and those that may be added in the future, as defined by Section 10-11-1(A) excluding the RMH zone. (a) Number required. i. One- or two-unit dwellings shall provide two (2) parking spaces per dwelling unit. ii. Three or more-unit dwellings shall provide as follows: Studio, One (1) or two (2) bedroom units shall provide two (2) parking spaces per dwelling unit. Three (3) or more bedroom units shall provide two and one-half (2-1/2) parking spaces per dwelling unit. EXCEPTION: A reduction in the number of spaces required to one for each three units in residential developments designed for occupancy exclusively by the elderly. To qualify for this exception the applicant must provide written assurance that the occupants of all units will be persons over 62 years of age or their spouses. (b) Location of parking spaces for dwellings. Applicable to all zones (except those in which dwellings are not permitted). For single family detached dwellings in zones requiring ten thousand (10,000) or more square feet per lot, and for single family attached townhouse dwellings (those attached to adjacent units only via zero lot lines) in zones permitting no more than two (2) dwelling units per building, a minimum of two (2) spaces per dwelling unit for parking of automobiles shall be enclosed in a garage attached to the dwelling unit. For single family attached townhouse dwellings in zones permitting three (3) or four (4) dwelling units per building, a minimum of one (1) of the required parking spaces for each dwelling unit shall be enclosed in a garage attached to the dwelling unit. For single family attached dwelling in zones permitting five (5) or more dwelling units per building, a minimum of one (1) of the required parking spaces for each dwelling unit shall be within a carport or garage (attached or detached). For all other dwellings a minimum of one (1) space for parking of automobiles for dwelling units shall either be enclosed in a garage or carport, or sufficient yards must surround the parking space so Ordinance #721 TITLE X AMENDMENTS Page 20 Ammon City Council 08.01.2024Page 108 of 127 that the parking space can be enclosed in a building or carport that maintains the minimum setbacks required in the zone. Additional parking required must meet the requirements of the zone in which it is located. Such parking spaces shall be located on the same lot as the building, except as may be permitted by the Board of Adjustment. The Board of Adjustment may authorize the Zoning Administrator to permit off-street parking spaces to be located off such lot if all of the following criteria are met: i. It would impose an unnecessary hardship upon the property of the appellant to insist that the off-street parking facilities be located on the same lot as the dwellings. ii. Substitute off-street parking facilities can be conveniently provided off such lot and within four hundred (400) feet. iii. A lease for a term of not less than five (5) years to use the substitute parking space can be secured by the appellant, or else the substitute parking space is owned by the appellant. (c) Garage access. All parking spaces in a garage must have direct vehicle access to a door leading to the exterior, without being blocked by another vehicle. Except for where each parking space has its own door to the exterior on either end of the garage. Tandem garages are permitted in the residential zone of RE, RP, RP-A, and R-1, subject to building permit and current building codes adopted by the City of Ammon. Tandem garages shall be no more than two spaces in depth. The parking space provided by a tandem garage shall not be considered in the minimum required parking spaces for automobiles. (d) When the required parking area for a multi-family dwelling is provided in the rear of the dwelling, that dwelling shall have a direct access to the rear parking area. No parking in the rear of a multi-family dwelling that does not contain a rear yard entrance from the dwelling shall be counted as meeting the required parking for said dwelling. (e) All alley loaded residential units shall have a minimum driveway length of twenty (20) feet measured from the edge of asphalt, or back of sidewalk if applicable, to the foundation wall. 2. Required parking, commercial zones. These requirements shall pertain to all commercial zones existing now, and those that may be added in the future, as defined by Section 10-11-1-(B) excluding the PB zone. (a) Number required. i. Automobile and machinery sales, excluding automobile sales facilities that do not perform vehicle repair or services: One (1) for each seven hundred fifty (750) square feet of floor area. ii. Banks: One (1) for each five hundred (500) square feet of floor area. iii. Bowling Alleys: Five (5) for each alley. Additional parking spaces for balance of building calculated according to use. iv. Retail establishments and Service Establishments otherwise not enumerated in this section, such as drug stores, department stores, repair shops, animal hospitals, business schools, dance studios: three (3) for each one thousand (1,000) square feet of building floor area, except area devoted exclusively to warehousing or storage, Ordinance #721 TITLE X AMENDMENTS Page 21 Ammon City Council 08.01.2024Page 109 of 127 v. Theaters, auditoriums, stadiums, sports arenas, gymnasiums: One (1) for each three (3) fixed/bench seats or one (1) for every thirty-five (35) square feet of seating area, where there are no fixed/bench seats. Also, one (1) for each six hundred (600) square feet of floor area not used for seating. vi. Cafes, cafeterias, restaurants and other similar places dispersing food or refreshments: One (1) for each five (5) fixed/bench seats or for every thirty-five (35) square feet of seating area where there are no fixed/bench seats. vii. Dance halls and skating rinks: One (1) for each five (5) fixed/bench seats or for every thirty-five (35) square feet of seating area where there are no fixed/bench seats, plus one (1) parking space for each seventy-five (75) square feet of floor area used for dancing or skating. viii. Furniture sales and repair, major household appliance sales and repair: One (1) for each one thousand (1,000) square feet of floor area. ix. Hotels and Motels: One (1) for each living or sleeping unit, plus one (1) for each employee on the largest shift. x. Medical, chiropractic and dental clinics and offices: One (1) for each patient care space, plus one (1) for each employee on the largest shift. xi. Mortuary and funeral home: One (1) for each five (5) fixed/bench seats of all areas used simultaneously for assembly purposes or for each thirty-five (35) square feet of floor space used for such assembly purposes. Also, one (1) for each vehicle used in connection with the use. xii. Drive-ins (involving no inside seating): One (1) space for each thirty-five (35) square feet of building floor area, plus one space for each employee on the largest shift. xiii. Open air commercial uses, such as nurseries and vehicle sale lots that do not have vehicle repair or service facilities: One (1) for each two thousand (2,000) square feet of lot area devoted to sales and display. xiv. Plumbing, heating and electrical shops: One (1) for each six hundred (600) square feet of floor area, plus one (1) for each vehicle used in connection with the use. xv. Convalescent Home: One (1) for each five (5) patient beds, plus one (1) for each employee on the largest shift. xvi. Rooming house, dormitory, fraternity house and sorority house: One (1) parking space for each sleeping room or one parking space for each one hundred (100) square feet of floor area used for sleeping purposes, whichever is greater. xvii. Skilled Care/Assisted Living: One (1) space per five (5) patient beds, plus one (1) for each employee on the largest shift. 3. Required parking Professional and Manufacturing. These requirements will pertain to professional office or manufacturing zones existing today and those that may be added in the future. Zones included are: PB and M-1. Ordinance #721 TITLE X AMENDMENTS Page 22 Ammon City Council 08.01.2024Page 110 of 127 i. Professional business or administrative offices (excluding medical, chiropractic and dental): One (1) for each three hundred (300) square feet of floor area. ii. Professional business or administrative offices with no customers that visit the site: One (1) for each three hundred (300) square feet of floor area. iii. Manufacturing, processing or fabricating establishments: One (1) for each seven hundred fifty (750) square feet of working space. 4. Required parking, industrial and warehousing uses. Number required. Industrial and warehouse uses: One (1) space for each one thousand (1,000) square feet of floor area, plus one (1) for each vehicle used in connection with the use. 5. Required parking, other uses. (a) Number required. i. Churches, clubs, lodges, fraternal organizations, social halls, assembly halls: One (1) for each five (5) fixed/bench seats in all areas used simultaneously for assembly purposes or one (1) for each thirty-five (35) square feet of floor space used for such assembly purposes where there are no fixed/bench seats. ii. Governmental buildings designed for a public use not otherwise enumerated in this section, such as public libraries: One (1) for each six hundred (600) square feet of floor area. iii. Hospitals and sanitariums: One and one-half (1-1/2) spaces for each patient bed. iv. Public utility facilities, including electrical substations, telephone exchanges, maintenance and storage facilities: One (1) for each six hundred (600) square feet of office space or work area within a structure. Also, one (1) for each vehicle used in connection with the use. No requirements for facilities which are normally unattended by employees, except for occasional maintenance. v. Public or private elementary and junior high schools: Ten (10) spaces, plus one (1) space for each full-time equivalent employee. vi. Public or private high schools: One (1) for each ten (10) students, plus one (1) for each full-time equivalent employee. 6. Required parking, uses not mentioned. The required off-street parking for any building, structure or use of land of a type which is not listed in this section shall be determined by the Board of Adjustment. The Board of Adjustment shall be guided as much as possible by comparison, with similar uses, which are listed. (E) Location and Control of Parking Facilities, Other Than Dwellings. The off-street parking facilities required by this ordinance in connection with uses other than dwellings shall be located on the same lot or parcel of land as the use they are intended to serve, except that a substitute location may be provided which meets the following conditions: 1. All or part of substitute location is within four hundred (400) feet from the principal use for which the parking is being provided. Said distance shall be measured as a walking distance along a public street or sidewalk. Substitute parking must be directly accessible from the parking area to the principal use. In any case that an arterial roadway must be crossed to access substitute Ordinance #721 TITLE X AMENDMENTS Page 23 Ammon City Council 08.01.2024Page 111 of 127 parking, there must be an approved crosswalk and any required control devices as required by the City Engineer shall be provided. 2. The substitute lot is possessed by the same owner as the use it is intended to serve, or is possessed by a legal entity established for the purpose of providing off-street parking facilities for its members. Such possession may be by deed or long-term lease, the terms of which meet the approval of the City Council. The present and future owners of the substitute lot shall be bound by covenants filed in the office of the County Recorder, or by a certificate from the legal entity entitling the owner and his customers to parking privileges. The owner of such use shall be required to maintain the number of parking spaces for the duration of the use served. (F) Computation of Required Parking Space. For the purpose of computing off street parking spaces, which are required by this ordinance, the following rules shall apply: 1. Floor area shall mean gross floor area, unless otherwise specified for a particular use. (See definition.) 2. In stadiums, sports arenas, churches and other places of assembly in which benches or pews are used in place of seats, each eighteen (18) inches of length of such benches or pews shall be counted as one (1) seat. 3. When determination of the number of off-street parking spaces results in a requirement of a fractional space, any fraction of less than one half (1/2) may be disregarded, while a fraction of one-half (1/2) or more shall be counted as one (1) required parking space. 4. In the event a use normally existing in a more restrictive zone is placed in a less restrictive zone the requirements from the most restrictive zone shall apply when calculating the parking needs. EG. A commercial use placed in an I&M zone would require the same requirements as would normally be required in the commercial zone. 5. When calculating parking for a building containing three (3) or more attached dwelling units the garage shall be used as one-half (1/2) of a parking space per garage stall. 6. Calculations of parking spaces for building permits are based on the zone and input from the property owner at the time the building permit is issued. Issuance of a building permit does not guarantee the issuance of a business license. Business licenses are issued based on the use of the business at the time of application and all parking requirements must be met prior to the issuance of a business license. All parking requirements are the responsibility of the property owner. (G) Combined Parking Facilities. The required off-street parking and loading facilities may be provided collectively for two (2) or more buildings or uses, provided that the total number of parking spaces shall be not less than the sum of the requirements for each of the individual uses, and provided that all other requirements of this ordinance are met. Parking may only be combined in the case of single ownership of the shared buildings or with a common area agreement allowing shared parking and loading facilities and, in such case, properties must be adjacent to one another. The common area agreement must be on file with the City. (H) Mixed Uses. Calculation of parking requirements for a new building shall be done at the minimum requirement of the zone which the use is located in. In the event that two (2) or more uses occupy the same building, lot or parcel of land, the total requirements for off-street parking and off-street loading space shall be in the sum of the requirements of the various uses computed separately. When calculating mixed uses for an existing building and those mixed uses operate and create different demands of parking based on the operating hours and/or peak hours of operation the parking requirements may be reduced below the combined total of the two uses. Reduction in parking requirements shall only be Ordinance #721 TITLE X AMENDMENTS Page 24 Ammon City Council 08.01.2024Page 112 of 127 allowed after a presentation of the hours and/or peak hours of the given uses to the reviewing staff for business licensing. (I) Size of Parking Spaces. No off-street parking space shall have dimensions of less than ten (10) feet in width and twenty (20) feet, in length. The size of a required parking space shall be determined by City policy 50-003 as standards adopted by the City of Ammon. No part of the area of a required parking space shall be used for driveways, aisles or other required improvements. Stalls under the minimum size shall not be included in the calculation for required parking spaces. (J) Access to Parking Facilities. Access driveways shall be provided for ingress to and egress from all parking and loading facilities. Each parking and loading space shall be easily accessible to the intended user. The width of driveway entrances and exits from a public street shall be as set forth in City ordinances controlling and regulating access to public streets. (K) Other Access Requirements. The following additional requirements shall govern access to off-street parking facilities: 1. Forward travel to and from parking facilities from a dedicated street or alley is required for all uses except residential. The parking area shall be adequate to facilitate the turning of vehicles to permit forward travel upon entering a street. 2. All uses, which adjoin a major or secondary highway, shall, wherever possible, have access by way of a service road or alley. 3. The access to all off-street parking facilities shall be designed in a manner, which will not interfere with the movement of traffic. 4. Access driveways across sidewalks or pedestrian ways shall be designed in such a manner as to promote pedestrian safety. (L) Circulation Within a Parking Area. The circulation within a parking area shall comply with the following requirements: 1. Minimum aisle widths shall be provided in accordance with the angle of the parking spaces they serve: 30° Parking - 12 feet 45° Parking - 12 feet 60° Parking - 18 feet 90° Parking - 24 feet Other aisle widths shall be determined by interpolation from the above minimum requirements. 2. Circulation within a parking area with more than one (1) aisle must be such that a car need not enter the street to reach another aisle within the same parking area. (M) Location of Parking Facilities Restricted. The location of parking and loading facilities shall comply with the following: 1. In Residential Zones, the parking required by section 10-5-23-(D)-1-(b), shall not be permitted in the required front yard or the required side yard that faces on a street. Parking may be permitted in other required side and rear yards in the residential zones, providing all other requirements of this ordinance are met. Ordinance #721 TITLE X AMENDMENTS Page 25 Ammon City Council 08.01.2024Page 113 of 127 2. In the Business Commercial and Industrial Zones, the required yard areas may be used for parking (except when specifically prohibited in the zone), provided that a protective curb shall be installed not less than two (2) feet from the edge of the sidewalk or in the case where there is no sidewalk then two (2) feet from the edge of the street line to prevent the use of the sidewalk for automobile parking, bumper overhang and travel purposes. 3. No part of any parking area for more than five (5) vehicles shall be closer than ten (10) feet to any residence, school, hospital or other institution for human care located on an adjoining lot, unless screened by a masonry wall or hedge not less than four (4) feet in height. (N) Development and Maintenance of Parking Areas. Every parcel of land hereafter used as a public or private parking area, including a commercial parking lot and a vehicle sales area, shall be developed and maintained in good condition and in accordance with the provisions of this ordinance and the requirements of the zone in which the parking space is located. All commercial parking areas, parking area drive aisles and commercial drive aisle/sales areas shall be constructed of hard surface material such as but not limited to asphalt and concrete. All areas required to be hard surface that are adjacent to the front of a building, the frontage of a city street or the area adjacent to a required landscape area shall be either asphalt or concrete, or on a case-by-case basis, similar material that may be approved by the City Engineer. Areas in the rear of a commercial or industrial building contained in a fenced area are not required to be hard surface but must be maintained weed free and with gravel in any area that is used for parking and/or storage. (O) Lighting of Parking Areas. Any lighting used to illuminate off-street parking facilities or vehicle sales area shall be so arranged as to reflect the light away from the adjoining premises in any residential zone. (P) Limitation on Use of Required Parking Areas. Required parking areas shall be used exclusively for vehicle parking in conjunction with a permitted use and shall not be reduced or encroached upon in any manner. Parking areas above minimum standards may be used for special events or merchandise stands providing any required permits have been obtained from the City. The parking facilities shall be so designed and maintained as not to constitute a nuisance at any time, and shall be used in such a manner that no hazard to persons or property, or unreasonable impediment to traffic will result. (Q) Continuing Obligation. The required off-street parking and loading facilities shall be a continuing obligation of the property owner so long as the use requiring vehicle parking or vehicle loading facilities continues. It shall be unlawful for an owner of any building or use to discontinue or dispense with the required vehicle parking or loading facilities without providing other vehicle parking or loading area which meets the requirements of this ordinance. (R) Site Plan Approval Required. At the time a building permit is requested for any building or structure, or at the time a new use of land which would require off-street parking is established, a site plan shall be submitted showing the proposed development of the property, including the layout and development of the parking and loading facilities; except that said plans shall not be required when parking space is to be provided by a legal entity established for the purpose of providing off street parking facilities. All parking and loading spaces shall be designated, as well as the access aisles and other improvement. The Zoning Administrator may disapprove such plans if they are found to be inconsistent with the requirements of this ordinance. (S) Required Off-street Loading Space. One (1) off-street loading space shall be provided and maintained for every building or separate occupancy having a gross floor area of ten thousand (10,000) square feet or more which requires the receipt or distribution of goods, material merchandise or supplies by vehicle, except that the Board of Adjustment may permit off-street loading facilities for two (2) or more buildings to be combined. One (1) additional loading space shall be provided for each additional twenty thousand (20,000) square feet of gross floor area of such building or for each vehicle which must be loaded or unloaded at the same time, whichever requirement is greater. Ordinance #721 TITLE X AMENDMENTS Page 26 Ammon City Council 08.01.2024Page 114 of 127 Each required off-street loading space shall not be less than ten (10) feet in width, twenty-five (25) feet in length and fourteen (14) feet in height. Such required off-street loading space shall be provided on the same lot as the building or principal use, except that the Board of Adjustment may authorize the use of substitute loading facilities subject to the following conditions. 1. The substitute off-street loading facilities are conveniently located on nearby property. 2. Use of public streets or alleys will not be required in loading and unloading activities, and all such activities can be conducted off public rights-of-way. Title X, Chapter 5, Section 26 of the City Code of Ammon shall be amended to read as follows: 10-5-26: Zoning Use Table: Uses are shown by zone as allowed, not allowed or allowed by conditional use permit (CUP) or master plan approval (MP). See zoning use tables in §10-37 District Use Matrix and §10-35-2. Title X, Chapter 5, Section 28 of the City Code of Ammon shall be added to read as follows: 10-5-28: Outdoor and Exterior Lighting. The purpose of the outdoor and exterior lighting requirements in this ordinance shall be to conserve the darkness of the night sky for residents and promote high-quality light design and prevent light pollution, trespass, and glare through proper placement and standards of outdoor lighting fixtures and luminaires. (A) Outdoor and Exterior Lighting Defined. Lighting types to be considered include, but are not limited to, street lighting, parking lot lighting, building exterior lighting, landscape lighting, plaza, walkway and trail lighting. (B) Application. 1. New Lighting. All new outdoor and exterior lighting fixtures and luminaires shall comply with the requirements of this ordinance. 2. Additions or Modifications to Existing Structures. Any exterior modification, alteration, or repair greater than fifty percent of the floor area or valuation of the building, as determined by the City, shall require compliance with the requirements of this ordinance. 3. Existing Lighting and Nonconforming Status. Any use of property which, on the effective date of this ordinance or any subsequent amendment thereto if non-conforming only as to the regulations, relating to outdoor lighting may be continued in the same manner as if the outdoor lighting was conforming. However, such may not be increased in intensity except in accordance with the requirements of the ordinance which shall not be reduced unless suitable substitutions are made which would meet the requirements of this ordinance. (C) All outdoor lighting fixtures and luminaires shall comply with the outdoor lighting standards established by the International Dark Sky Association. Lighting design shall promote dark sky principles which seek to minimize light pollution and degradation of the nighttime skies by incorporating lighting practices that minimize the amount and area of illumination. Such practices include: 1. Providing lighting fixtures with lamp wattages designed for the minimum level required by the use. 2. Providing energy efficient light sources. 3. Minimizing light trespass and glare by aiming fixtures downward and shining light only where it is needed and providing appropriate shielding as necessary to ensure that little or no unwanted light falls directly onto adjacent property. 4. Minimizing the duration of illumination of certain light sources by having lights out as long as practical. Owners and tenants are encouraged to limit the times of lighting whenever practical. 5. Special attention shall be given regarding lighting between commercial and residential uses. 6. or meet equivalent dark sky standards consistent with this ordinance. (D) Site Plan Required. An outdoor lighting and photometric plan shall be submitted to the Zoning Administrator with all commercial and multi-family site plan submittals. The same site plan used to show parking layout or other requirements for the issuance of a building permit may be used, providing all proposed outdoor lighting is Ordinance #721 TITLE X AMENDMENTS Page 27 Ammon City Council 08.01.2024Page 115 of 127 adequately detailed on said site plan. The Zoning Administrator may deny such plans if it is determined that they are not consistent with the purposes of this ordinance. (E) Lighting standards for signs can be found in City Code Title 10 Chapter 34. (F) Exemptions. 1. Emergency Lighting. Emergency lighting that is only turned on in the event of an emergency is excluded from the requirements of this ordinance. 2. Emergency Services Lighting. Any high-intensity lights are permitted for use by police, fire, medical, or utility personnel at their direction. 3. Residential Landscape Lighting. Low wattage decorative light fixtures, temporary decorative holiday lighting, and solar operated light fixtures are allowed. 4. Recreational Facilities and Athletic Fields. Outdoor recreational facility lighting shall be designed to limit its impact on surrounding uses. Recreation lighting must be extinguished by 11:00 p.m. or within one (1) hour of the end of active play. Section 3. Chapter 27, Zoning Overlays Title X, Chapter 27 Section 2 of the City Code of Ammon shall be amended to read as follows: 10-27-2: PLANNED TRANSITION OVERLAY (PT-): (A) GENERAL OBJECTIVES AND CHARACTERISTICS OF PLANNED TRANSITION OVERLAY: The objectives in establishing the Planned Transition Overlay (PT-) are to provide for an orderly transition from one zoning classification to another. Normally the transition will involve transitioning from one type of zone to another (for example, from residential to commercial), or from a zone that has many development restrictions to a less restrictive zone (for example, from a low-density residential zone to a high-density residential zone). Usually transitioning will be used along arterial streets that have developed along residential neighborhoods causing problems with traffic and noise for existing residential properties. To accomplish the transition, each area will be addressed on an individual basis, and conditions will be included in the development plan such that the new usage will have the least amount of impact on neighboring properties. (B) OVERLAY SYMBOLS AND NAMES: The symbol for each planned transition overlay granted shall be PT- followed by the name of the zone being transitioned to. Examples follow (but are not limited to): Symbol Name PT-R3A Planned Transition R3-A Residence PT-PB Planned Transition Professional Business Office (C) USE, AREA, WIDTH, LOCATION, HEIGHT AND MINIMUM LOT SIZE: The determination of these items would be done by review of the area being proposed for transitioning. Allowed uses would be those allowed in the zone that the overlay is transitioning to. Lot area, width, location and height would be recommended at the review process based on existing buildings and lot sizes, and the requirements of the zone being transitioned to. Maximum height of new buildings would be determined to maintain harmony with the adjoining properties. Generally, each building location would be required to meet the requirements of the zone being transitioned to. (D) DEVELOPMENT STANDARDS IN THE PT OVERLAY: The following development standards shall be required of all properties being transitioned. Additional standards may be addressed as necessary during the review and public hearing process to include items specific to the transitioning properties and the surrounding neighborhood. Additional standards shall be included in the development plan of the transition area. 1. Lighting: All lighting shall be directed to avoid direct glare on adjacent properties. If necessary, lighting shall be shielded to protect adjacent properties. A lighting plan shall be submitted with the Ordinance #721 TITLE X AMENDMENTS Page 28 Ammon City Council 08.01.2024Page 116 of 127 required site plan. 2. Sidewalks: In areas that do not currently have sidewalks or in the case of sidewalk disrepair, sidewalk, curb and gutter shall be installed or replaced as necessary. 3. Parking: Parking shall meet the standards of the zone being transitioned to. 4. Landscaping: The minimum landscaping requirements in section 10-5-24 shall be met. Whenever practical, existing trees shall be saved. 5. Access to Public Roads: Driveways shall be minimized throughout the area being transitioned. Access shall be reviewed during the review and public hearing process. Existing driveways that are not part of the final development plan shall be removed and replaced with curb, gutter and sidewalk. (E) DEVELOPMENT PLAN: A development plan shall be prepared which addresses specific issues in regards to the area being proposed for the transition overlay. After review by the Planning staff, the development plan shall be reviewed by the Planning and Zoning Commission and a recommendation shall be made to the City Council. After approval by the City Council the development plan shall be recorded as part of the subdivision. The following list of items should be reviewed and included in each new transition overlay development plan as necessary: 1. Zone to be transitioned to. 2. Minimum lot size and frontage. This could have a requirement to combine specific lots during the transition phase. 3. Once a building permit has been issued on a specific property, building or lot within a transition zone, as part of the planned transition overlay, the development plan relating to the transition shall be completed on said property within eighteen (18) months from the date of issuance of said permit prior to a certificate of occupancy being granted. Completion must include all required elements of the transition development plan including but not limited to street accesses, parking, landscaping, platting and conversions of all remaining buildings on said property. Extension requests must be submitted in writing to the zoning administrator sixty (60) days prior to the deadline. The extension request will be submitted for staff review and approval or denial. In the event the extension request is for more than an additional three (3) months the request shall be submitted to the Board of Adjustments for review and approval or denial. 4. Number of accesses to public streets to be allowed in the transitioning area shall be combined to comply as close as possible with the Access Management Plan. Consideration should be made to combine as many accesses as possible to still allow access to the public street and the transitioning properties. 5. Buffering adjacent properties from the new usage. A buffer plan will be determined to protect the neighboring residences where the transition takes residential to higher-density residential, or to a nonresidential use. Buffering will include the type of fence, and/or additional landscaping, beyond what is required in the zone being transitioned to. 6. Additional items may be included that may be specific to a given area or transition proposal. (F) FINAL ZONE CHANGE: After completion and final inspections for compliance to the development plan, the transition shall be considered complete. The transition PT overlay shall be accepted, the overlay designation shall be removed and the new overlay zone shall officially be shown as the zone that was transitioned to on the zoning map for the City of Ammon. (G) PLAT REQUIRED: As each property is developed to meet the standards of the transition overlay, said property shall be platted to meet the existing platting requirements of the City of Ammon. In the event Ordinance #721 TITLE X AMENDMENTS Page 29 Ammon City Council 08.01.2024Page 117 of 127 multiple lots are required to meet the development plan of the overlay, said lots shall be combined and platted as one lot. (H) PUBLIC HEARING REQUIRED: Prior to the placement of an overlay and transition zoning there shall be a public hearing held before the Planning and Zoning Commission. Planning and Zoning shall make a recommendation to the City Council either to approve or deny the proposed transition overlay and the transition zone. All requirements of the public hearing process in regards to notice and publications shall be followed for this public hearing. Title X, Chapter 27, Section 3 of the City Code of Ammon shall be repealed. Title X, Chapter 27, Section 4 of the City Code of Ammon shall be amended to read as follows: 10-27-4: PLANNED UNIT DEVELOPMENT OVERLAY (PUD-): (A) STATEMENT OF INTENT OF PLANNED UNIT DEVELOPMENT (PUD) OVERLAY: The purpose of the PUD Overlay is to create a process to promote diversity and creativity in site design, and protect and enhance natural and community features. The process is provided to encourage unique developments which may combine a mixture of uses. The PUD process permits departures from the conventional siting, setback, buffers etc. of a particular zoning district in the interest of achieving superior site development, creating open space, and encouraging imaginative design by permitting design flexibility. By using flexibility in the application of development standards, this process will promote developments that will benefit citizens that live and work within the city. A planned unit development shall be granted through the conditional use permit authority of the City and shall be an overlay to the zoning of the requested property. (B) GENERAL OBJECTIVES AND CHARACTERISTICS OF THE PUD OVERLAY: 1. To allow for the design of developments that are architecturally and environmentally innovative and that achieve better utilization of land than is possible through strict application of standard zoning and subdivision controls. An application for a PUD may be applied for in any zoning district within the City. 2. To encourage land development that, to the greatest extent possible preserves natural vegetation, respects natural topographic and geologic conditions, and refrains from adversely affecting flooding, soil, drainage and other natural ecologic conditions. 3. To combine and coordinate architectural styles, building forms and structural/visual relationships within an environment that allows mixing of different land uses in an innovative and functionally efficient manner. 4. To provide for abundant, accessible and properly located open space, recreation space and other facilities. 5. To promote the efficient use of land resulting in networks of utilities, streets and other infrastructure features that maximize the allocation of fiscal and natural resources. 6. To enable land developments to be compatible and congruous with adjacent and nearby land developments. 7. To ensure that development occurs at proper locations away from environmentally sensitive areas and on land physically suited to construction. 8. To allow unique and unusual land uses to be planned for and located in a manner that ensures harmony with the surrounding community. Ordinance #721 TITLE X AMENDMENTS Page 30 Ammon City Council 08.01.2024Page 118 of 127 (C) OVERLAY SYMBOL AND NAME: The symbol for the designation of this overlay shall be (PUD-). that the property has been granted. Examples follow (but are not limited to): Symbol Name_____________________________________________________ PUD-R-1 Planned Unit Development R-1 Residence Zone PUD-HC-1 Planned Unit Development HC-1 Highway Commercial (D) DIMENSIONAL AND USE RESTRICTIONS: In acting upon the application, the Planning and Zoning Commission may recommend to the Board of Adjustment, a requested modification to lot size, required facilities, buffers, open space areas, setback requirements, building size limits, off-street parking regulations, landscaping rules or other miscellaneous regulations where such regulations or changes are consistent with the intent of this section and the standard set forth herein. The following restrictions shall apply to all PUD development within the City of Ammon: 1. No residential building within a PUD shall have a side yard distance between buildings of less than six (6.0) feet. 2. A minimum of twenty (20.0) percent of dedicated open space shall be dedicated as common use within the PUD and be maintained by a designated entity in control of the PUD. Allowable organization named in the deed of the PUD as the controlling body. Allowable open space shall include trail-ways, parks and dedicated landscaping including but not limited to dedicated sports facilities such as tennis courts, basketball courts or skate parks. 3. All allowable and calculated common use open space shall be under one ownership and/or meet the requirements the State of Idaho Condominium Act as defined in Idaho Statutes, Title 55, Chapter 15. Covenants defining ownership of common areas shall become a part of the Planned Unit Development (PUD) plan as approved by the City Council of the City of Ammon. 4. Development within a non-residential area of a PUD may be limited for development in relation to a percentage of residential development. Limitations to non-residential development shall be set by a recommendation of the Planning and Zoning Commission and approved by the City Council. (E) QUALIFYING CONDITIONS: A planned unit development is intended to accommodate developments; (a) with mixed or varied uses, (b) sites with unusual topography or unique settings within the community, or (c) on land which exhibits difficult and costly development problems. Approval will not be granted when the planned unit development is sought primarily to avoid the imposition of standards and requirements of existing zoning classifications rather than to achieve the objectives of this Ordinance. Additionally, no planned unit development shall be approved unless it appears that the land use and development meet the following standards: 1. That in the opinion of the Planning and Zoning Commission and the City Council, the use will be compatible with adjacent land use, the natural environment, and the capacities of affected public services and facilities, and that such use is consistent with the public health, safety and welfare of the City residents. 2. All land for which application is made must be owned or under control of the applicant, the parcel must be capable of being planned and developed as one integral land use unit and shall contain no less than twenty (20.0) acres. 3. The use and development is warranted by the design of additional amenities made possible with and incorporated by the development proposal. Ordinance #721 TITLE X AMENDMENTS Page 31 Ammon City Council 08.01.2024Page 119 of 127 4. The development maximizes useable open space. 5. Landscaping is provided to insure that proposed uses will be adequately buffered from one another and from surrounding public and private property and to create a pleasant pedestrian scale outdoor environment. 6. Vehicular and pedestrian circulation, allowing safe, convenient, uncontested and well-defined circulation within and access to the development shall be provided. 7. It is encouraged that existing important natural, historical and architectural features be preserved. (F) PUD APPLICATION: A PUD application shall be submitted in two stages as described below: Both stages (preliminary and final) shall follow the procedure for conditional use permit applications including public hearings which shall be held in compliance with the current requirements of the City of Ammon. 1. PRELIMINARY PUD APPLICATION APPROVAL: The preliminary PUD application request shall include a conceptual plan showing the PUD boundaries; proposed areas for structure locations, existing and proposed utilities, parking areas, pedestrian and vehicular circulation, landscape massing, open spaces and their intended use, recreation facilities, and such other features as might be requested. A land use tabulation summary shall be provided in the margin of the plan indicating types of uses, acreage for each land use, number of units, densities and land use intensities. The conceptual plan shall show details of access to adjacent roadways and existing or future trail systems. Necessary requests for zone changes and/or comprehensive plan changes shall be determined in this phase of the request. Any necessary changes shall be included in the next phase of the PUD Application Approval process. 2. FINAL PUD APPLICATION APPROVAL: The final PUD application request shall include: (a) A detail site plan showing the PUD boundaries, proposed structure locations, existing and proposed utilities, parking areas, pedestrian and vehicular circulation, landscape massing, mass grading, open spaces and their intended use, recreation facilities, and such other features as might be requested. (b) A land use tabulation summary shall be provided in the margin of the plan indicating types of uses, acreage for each land use, number of units, densities and land use intensities. (c) A description of the type, character and proposed use of all land and structures within the PUD including square feet per unit, floor area for each use type, height of all structures and any other information as required to describe the character of the proposed use or activity. (d) Residential lots that meet the minimum size of the residential zoning within the PUD and containing a maximum of one residential main structure/living unit shall be shown on the final PUD application as a residential lot without final placement of residential building. Residential lots that are approved on the PUD final plan as a clustered home area must show on the PUD final plan with the maximum building envelope allowed per structure. (e) Additional Required Information: Upon request of the Zoning Administrator, Planning and Zoning Commission or the City Council, the applicant shall provide the following information: Ordinance #721 TITLE X AMENDMENTS Page 32 Ammon City Council 08.01.2024Page 120 of 127 i. Developer intent and objectives (physical, social and environmental). ii. A description of all exterior building materials. iii. Projected Population profile for the development. iv. Impact of development on local streets (traffic study), natural features, schools and utilities. v. Such other information pertinent to the development or use. Failure of the applicant to provide such requested information in a timely manner may be grounds for denial of the application. 3. FINAL PLAT AND PUD RECORDING: After an approval of the final PUD application the developer shall record a final plat showing all details of the PUD development including placement of building, roadways, trails and all information that would be a part of a final plat recording within the City of Ammon. No building permits shall be issued for development within Office and all documentation has been received in hard copy and electronic form from the developer. All documentation requirements shall follow the process of the filing of a final plat as described in 10-29 9 of the City of Ammon Title X codified ordinances. (G) DEVELOPMENT ALLOWED ONLY AS APPROVED: After approval of a PUD (planned unit development), the land to which it pertains shall be developed and used in its entirety only as authorized and described in the conditional use permit approving the planned unit development. (H) PHASED PUD: 1. Each phase of a PUD may be required to be planned, developed and approved to exist as an independent PUD. 2. Development within a non-residential area of a PUD may be limited for development in relation to a percentage of residential development. (I) EXPIRATION OF CONDITIONAL USE PERMIT: The PUD conditional use shall expire one year from date of final approval if the applicant has not commenced substantial construction. The City Council shall have the right to extend an order for one (1) additional year. After substantial construction has begun the Conditional Use Permit shall continue indefinitely. (J) AMENDMENTS TO A PUD: Any significant change to a PUD may require a public hearing as deemed necessary by a review of the requested change by the Planning and Zoning Director. Relocation of buildings within the same zoning classification that results in no decrease of green space shall not be considered a significant change unless determined by the Planning and Zoning Director to be a significant change. (K) MAINTAINANCE OF COMMON AREA, GREENSPACE AREA AND OTHER PUD MAINTAINED AREAS: It shall be the responsibility of the designated Home Owners Association or PUD Organization to maintain the common areas, greenspace areas and other PUD maintained areas within all PUD developments. In the event said Home Owners Association or PUD Organization or other responsible party fails to maintain said areas, the City may contract and/or do any necessary repair or maintenance. To allow for costs incurred by the City for said repair or maintenance, there shall be a charge of two (2) times the invoice or billed amounts for said repair or maintenance. Such costs shall be assessed as a lien against all privately owned parcels within the PUD on a square footage pro rata basis against all individually owned property. Said lien Ordinance #721 TITLE X AMENDMENTS Page 33 Ammon City Council 08.01.2024Page 121 of 127 may be collected separately from each property owner by the City and/or the same shall be attached to the real property tax roll assessment of each individually owned property. Section 4. Chapter 29, Subdivision Regulations Title X, Chapter 29, Section 15, of the City Code of Ammon shall be amended to read as follows: 10-29-15: SITE PLAN REVIEW: A final site plan review must be approved prior to the issuance of a building permit in all zones. (A) A preliminary site plan must be submitted to the Planning Director to be presented to applicable City Departments for review and recommendations under the following conditions: 1. Multi-family dwellings consisting of four (4) or more attached dwelling units. 2. Dwelling groups consisting of two (2) or more dwelling units inside or outside a Planned Unit Development (PUD). 3. Other residential developments as deemed necessary by the City Council, the Planning Director or as requested by the Planning and Zoning Commission. 4. All developments outside residential zones. 5. All lots being redeveloped through a planned transition zone. (B) A site plan must be submitted to the Planning Director for approval in all low-density residential zones, before the issuance of a building permit, indicating the following requirements: 1. All property lines 2. Names of adjacent streets 3. Setbacks on all four (4) sides of the structure to the property lines 4. Lot dimensions according to the recorded plat 5. Building dimensions 6. Access location and width of driveway a. Each property is allowed only one (1) access with a thirty (30) foot maximum width at the street, in accordance with the BMPO Access Management Plan, July 2012 and City Policy #50- 001. 7. Site address including City of Ammon and Bonneville County, Idaho 8. Subdivision, Division, Lot, and Block 9. Zone 10. North arrow 11. 12. Location of utilities, including Fiber if applicable 13. Existing structures, if applicable Ordinance #721 TITLE X AMENDMENTS Page 34 Ammon City Council 08.01.2024Page 122 of 127 14. Stormwater Pollution Prevention Plan (SWPPP) (C) Staff shall review all site plans for compliance to the requirements of the site plan submission standards. All requirements will be forwarded to the developer for compliance. (D) Staff review of site plans shall be completed prior to final approval of any site plan. Only after signatures (E) All final site plan drawings shall comply with the Site Plan Requirement sheet available from the City Planning and Zoning Department. Additional documentation may be required as necessary for complete review of any site plan. (F) Upon request for a certificate of occupancy each applicable department shall review the site for compliance with the approved final site plan. The Building Official shall not approve the issuance of a certificate of occupancy until the site has been found to be in compliance with the approved final site plan, unless it is determined by each reviewing Department Head that a temporary certificate of occupancy is appropriate for non-safety issues. Prior to the expiration of a temporary certificate of occupancy all non-compliance issues shall be brought into compliance. (G) Approval of a site plan shall be valid for a period of twenty-four (24) months. Section 5. Chapter 37, District Use Matrix Section 6. Chapter 39, RS Residence Zone Small Title X, Chapter 39, Section 1 of the City Code of Ammon shall be amended to read as follows: 10-39-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in establishing the RS Residence Zone Small is to provide a residential environment within the City which is characterized by smaller lots and a denser residential environment to allow for smaller, transitional, affordable housing. The intent of this zone is to be used for residential infill projects. The principal permitted uses in the RS Residence Zone Small shall be single family dwelling units and certain other public facilities which are necessary to promote and maintain stable residential neighborhoods. No single lot shall contain more than one living unit. This zone does not allow density that will exceed 6.0 living units per acre. In order to accomplish the objectives and purposes of this ordinance and to promote the essential characteristics of this RS zone, the following regulations shall apply in the RS Residence Zone (see also §10-5 Supplementary Regulations to Zones, §10-7 Special Provisions Applying to Miscellaneous Uses, §10-29 Subdivision Regulations, and §10-37 District Use Matrix). The Residence Zone Small shall have those characteristic and requirements as outlined in the Zoning Matrix attached as Exhibit A and made a part hereof as if set forth in full. Section 7. Chapter 41, PSC Parks, Schools, and Churches Zone Title X, Chapter 5, of the City Code of Ammon shall be amended to read as follows: SECTION: 10-41-1: General Objectives and Characteristics of Zone 10-41-2: Use Requirements 10-41-3: Special Provisions 10-41-4 City Park Dedication Title X, Chapter 41, Section 2, of the City Code of Ammon shall be amended to read as follows: 10-41-2: USE REQUIREMENTS: See 10-37-1 (A) Commercial District Uses Matrix. Ordinance #721 TITLE X AMENDMENTS Page 35 Ammon City Council 08.01.2024Page 123 of 127 (A) Public and semi-public use parks shall be a permitted use and must follow the provisions as set forth in 10- 7-1. (B) Public and parochial schools shall be approved by the Board of Adjustment as a conditional use and must follow the provisions as set forth in 10-7-1. Schools are subject to development agreements as outlined in 10-40. (C) Churches shall be approved by the Board of Adjustment as a conditional use and must follow the provisions as set forth in 10-7-6. Churches are subject to development agreements as outlined in 10-40. Title X, Chapter 41, Section 3, of the City Code of Ammon shall be amended to read as follows: 10-41-3: SPECIAL PROVISIONS FOR SCHOOLS AND CHURCHES: (A) All buildings shall follow the setbacks of the most restrictive surrounding zone to the parcel. Public and parochial schools may be erected to any height, provided the building follows the additional height setback requirements in City Code 10-5-7. (B) A fence shall be installed at the boundary line of property located adjacent to any single-family residential zone. (C) No dust, odor, smoke, vibration, or intermittent light, glare, or noise shall be emitted which is discernible beyond the premises, except for normal movement of automobile traffic. (D) Landscaping shall be as set forth in section 10-5-24. (E) Off street parking shall be provided, as required in this ordinance, and shall be hard surfaced. (F) Modular units shall be approved by the Board of Adjustment as a conditional use. Title X, Chapter 41, Section 4, of the City Code of Ammon shall be added to read as follows: 10-41-4: CITY PARK DEDICATION: (A) Design Review: All city park designs shall be submitted for review before submission of the preliminary plat and approved by the City Parks Director. (B) Size: Parks dedicated to the City shall not be under 5.0 acres, unless otherwise approved by the City Council. a. Park space shall be donated in one contiguous property unless otherwise approved by the City Council. (C) Equipment: a. Required for All City Parks: i. Walking path (minimum of 0.25 miles) ii. Benches iii. Drinking fountain iv. Trash cans v. Bike rack vi. Hard surface off-street parking spaces b. Amenities: Additional improvements may be required by the City on a case by case basis to ensure that dedicated park spaces are a public benefit to the City. These improvements may include: Ordinance #721 TITLE X AMENDMENTS Page 36 Ammon City Council 08.01.2024Page 124 of 127 i. Playground equipment ii. Walking paths iii. Outdoor shelters with picnic tables iv. Sport court or field v. Fenced, off-leash dog area vi. Restroom facilities vii. Other recreational equipment or amenities c. Quality: All equipment shall be commercial grade (D) Paths and Trails: Connectivity shall be made whenever possible to existing or planned paths or trails. a. Pathways shall be asphalt and constructed to accessibility standards. (E) Irrigation: In accordance with Idaho Code 67-6537, surface water is required as the primary water source for irrigation. Irrigation for all parks shall comply with City Code 8-10. (F) Landscaping: All parks shall be fully landscaped with grass, trees, and other landscaping items. These requirements are applicable to all parks excluding areas designated to be nature areas with natural vegetation or with zero water landscaping, as approved by the Parks Director. All landscaping items shall be drought tolerant, unless otherwise approved by the Parks Director. (G) Warranty Period: All infrastructure shall have a two (2) year warranty period. (H) Other Parks: Parks that do not meet the requirements or are not accepted by the City shall be owned and maintained by a Home Owners Association, Owners Association, or other private owner. Section 8. Repeal of Conflicting Provisions. All provisions of the current Code or ordinances of the City of Ammon which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Section 9. Severability. This ordinance is hereby declared to be severable. Should any portion of this ordinance be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial invalidity. Section 10. Effective Date. This ordinance shall be effective upon its passage and publication as provided by law. Enacted by the City Council as an ordinance of the City of Ammon on the 1st day of August, 2024. Approved by the Mayor on the 1st day of August, 2024. CITY OF AMMON __________________________________ Sean Coletti, Mayor ATTEST: _______________________________ Kristina Buchan, City Clerk Ordinance #721 TITLE X AMENDMENTS Page 37 Ammon City Council 08.01.2024Page 125 of 127 STATE OF IDAHO) ) ss. County of Bonneville) I, KRISTINA BUCHAN, CITY CLERK OF THE CITY OF AMMON, IDAHO DO HEREBY CERTIFY; That the above and foregoing is a full, true and correct copy of the Ordinance entitled, AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING AND ADOPTING TITLE X, PLANNING AND ZONING; CHAPTER 2, DEFINITIONS; CHAPTER 5, SUPPLEMENTARY REGULATIONS; CHAPTER 27, ZONING OVERLAYS; CHAPTER 29, SUBDIVISION REGULATIONS; CHAPTER 37, DISTRICT USE MATRIX; CHAPTER 39, RS RESIDENCE SMALL ZONE; CHAPTER 41 PSC PARKS, SCHOOLS, AND CHURCHES ZONE; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. DATED this 1stday of August, 2024. ________________________________ Kristina Buchan, City Clerk CITY OF AMMON BONNEVILLE COUNTY, IDAHO Ordinance #721 TITLE X AMENDMENTSPage 38 Ammon City Council 08.01.2024Page 126 of 127 SUMMARY OF ORDINANCE NO:721 AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING AND ADOPTING TITLE X, PLANNING AND ZONING; CHAPTER 2, DEFINITIONS; CHAPTER 5, SUPPLEMENTARY REGULATIONS; CHAPTER 27, ZONING OVERLAYS; CHAPTER 29, SUBDIVISION REGULATIONS; CHAPTER 37, DISTRICT USE MATRIX; CHAPTER 39, RS RESIDENCE SMALL ZONE; CHAPTER 41 PSC PARKS, SCHOOLS, AND CHURCHES ZONE; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. Ammon, Idaho. ATTEST:CITY OF AMMON _________________________________________________________________ Kristina Buchan, City ClerkSean Coletti, Mayor I have reviewed the foregoing summary and believe that it provides a true and complete summary of Ordinance #721and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this 1stday of August, 2024. ________________________________ Scott Hall, City Attorney Ordinance #721 TITLE X AMENDMENTSPage 39 Ammon City Council 08.01.2024Page 127 of 127