Chapter 37
ZONING1

Art. I.    In General, §§ 37-137-3

Art. II.    Basic Provisions, §§ 37-437-10.5

Art. III.    Use Zones, §§ 37-1137-122

Art. IV.    Supplementary Regulations, §§ 37-12337-132

Art. V.    Floodplain Management, §§ 37-13337-138

Art. VI.    Home Occupations, §§ 37-14037-144

Art. VII.    Off-Street Parking and Loading, §§ 37-14537-155

Art. VIII.    Exceptions, §§ 37-15637-159.1

Art. IX.    Conditional Uses, §§ 37-16037-165

Art. X.    Nonconformities, §§ 37-16637-172

Art. XI.    Variances, §§ 37-17337-177

Art. XII.    Amendments, §§ 37-17837-180.1

Art. XIII.    Administrative Procedure, §§ 37-18137-192

Art. XIV.    Remedies, §§ 37-19337-194

Art. XV.    Animal Rights, Livestock and Pasture Standards, §§ 37-19537-200

Art. XVI.    Inoperable Vehicle Storage, §§ 37-20537-208

ARTICLE I. IN GENERAL

Sec. 37-1. Title.

This chapter shall be known as the Zoning Ordinance of the City of Lewiston. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-2. Purpose.

The purpose of this chapter is to promote the orderly development of the city according to a comprehensive plan; to conserve and stabilize the value of property; and otherwise to promote the public health, safety, and general welfare. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-3. Definitions.

As used in this chapter:

Accessory building means a building that is used for a purpose that is related, incidental, ancillary, or subordinate to, and on the same lot as, the primary building and use.

Adult bookstore means a structure, building or place or portion thereof wherein there is sold, conveyed, transferred, distributed, or stored any of the following:

(1) Any books, magazines, newspapers, drawings, or other printed or written matter or materials which depict or describe representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated; or masturbation, excretory functions or lewd exhibition of the genitals or genital area.

(2) Any pictures, drawings, photographs, films, motion pictures, videotapes, or other pictorial representations which depict or describe patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated or which depict or describe masturbation, excretory functions or lewd exhibition of the genitals or genital area.

Provided, however, that no item which contains matter which, when considered as a whole and in the context in which it is used, possesses serious literary, artistic, political or scientific value shall be included within the items described in subsection (1) or subsection (2) hereinabove.

Adult entertainment facility means any structure, building, or place, or any portion thereof, wherein there is any live performance, exhibition, showing or display which depicts or describes ultimate sexual acts, normal or perverted, actual or simulated, or which depicts or describes masturbation or excretory functions or in which the genitals or the genital area is exposed; provided, however, that no exhibition, showing or display which, when considered as a whole and in the context in which it is used, possesses serious literary, artistic, political or scientific value shall be included within the definition contained in this paragraph.

Adult theater means a structure, building or place, or any portion thereof, wherein there is shown, exhibited or displayed any motion pictures, videotapes, films, pictures, photographs, or other pictorial representations which depict or describe patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, or which depict or describe masturbation, excretory functions or lewd exhibition of the genitals or genital area; provided, however, that no item which contains matter which, when considered as a whole and in the context in which it is used, possesses serious literary, artistic, political or scientific value shall be included as an item listed hereinabove in this definition.

Affected person means one having an interest in real property which may be adversely affected by the issuance or denial of a permit authorizing development.

Alley means a street which affords only a secondary means of access to the property and is not intended for general traffic circulation.

Alternative telecommunications tower means a telecommunications tower designed and constructed to camouflage or conceal the presence of antennas or towers.

Bed and breakfast means an owner-occupied residence, including an existing detached guest house that is located on the same lot and that provides restroom facilities, where lodging and breakfast are provided for remuneration to overnight, paying guests.

Buildable area means the space remaining on a lot after the minimum open space requirements (coverage, yards, setbacks) have been met.

Building means any structure having a roof supported by walls, posts, or columns and built for the shelter of persons, animals, or property of any kind.

Cemetery means land used or intended to be used for the burial of the human dead and dedicated to cemetery purposes, including columbaria, crematories, mausoleums, and mortuaries when operated in connection with or within the boundaries of a cemetery.

Change in use means any use that substantially differs from the previous use of a building or land, as determined by the community development director.

Church means a building used for assemblage as a place of worship service for a group of people of a religious faith.

City means the city of Lewiston, Idaho.

Commercial entertainment facility means any use conducted for gain under private ownership whose primary purpose is to provide one of various types of entertainment, recreational activity, or athletic involvement. Typical uses would include theaters, bowling alleys, handball-racquetball club-courts, go-cart tracks, radio controlled car race centers, etc.

Commission means the planning and zoning commission of the city of Lewiston.

Conditional use means a use permitted in a particular zone district upon showing that such use in a specified location will comply with all the conditions and standards as specified in this chapter, including any additional conditions of approval, and when approved by the planning and zoning commission.

Construction and contracted trades means occupations engaged in the construction of buildings and other structures, heavy construction, additions, alterations, installations, maintenance and repairs of buildings, demolition, earth moving, excavating, and other land preparation. Construction trades are generally administered or managed from a fixed place of business, but the actual construction work is performed at different project sites.

Contractor’s storage yard means an outside area dedicated to the storage of heavy equipment, business vehicles, construction equipment, construction forms, and machinery related to construction practices.

Council means the city council of the city of Lewiston.

Craft or handicrafts means occupations engaged in finished, personal, or household items that are either made to order or which involve considerable handwork to produce. Examples include textiles, pottery, woodworking, or other products made on an individualized, single-item basis. The use of mechanized assembly line production is excluded from this definition.

Day care center means as defined in section 21-131.

Destruction of structure means the removal of damage equal to or greater than eighty (80) percent of the assessed value of the structure prior to damage, as determined by the Nez Perce County assessor.

Detached building means a building surrounded on all sides by a minimum of three (3) feet of open space between it and another building. Such three-foot open space shall include separation between any eave or lean-to.

Dormitory means a building accessory to a public or private institution used as a group living quarter exclusively for members of the institution. Dormitories may also include convenience services for the residents such as food service, laundry, computer laboratory, recreational facilities, or retail sales clearly subordinate and accessory to the use of the building as a dormitory.

Driveway means a private roadway providing access to a street and serving no more than three (3) lots.

Dwelling, multifamily means a building containing three (3) or more dwelling units, or more than one (1) detached single-family dwelling on one (1) lot, or more than one (1) two-family dwelling on one (1) lot, or any combination thereof.

Dwelling, single-family means a detached building containing one (1) dwelling unit and shall include a Class A manufactured home as defined herein and any group residence in which eight (8) or fewer unrelated mentally and/or physically handicapped or elderly persons reside and who are supervised at the group residence in connection with their handicap or age-related infirmity, pursuant to Idaho Code, Section 67-6531.

Dwelling, two-family means a detached building on a single lot containing two (2) dwelling units.

Dwelling unit means one (1) or more rooms designated for occupancy by one (1) family.

Family means one (1) or more persons occupying a single dwelling unit and living as a single household unit.

Family day care means as defined in section 21-131.

Farming means the raising and harvesting of crops; feeding, breeding and management of livestock; growing and harvesting of timber; dairying; or any other agricultural or horticultural use or any combination thereof. It includes the construction and use of dwellings and other structures customarily provided in conjunction with farming and further includes the disposal, by marketing or otherwise, of products produced on the premises. Standards for the keeping of livestock in a zone in which farming is permitted shall be the same as the standards for the keeping of livestock under a conditional use permit.

Feedlot means a property which does not have sufficient livestock area or animal rights for the number of livestock and poultry on site, whereon livestock is confined for any period of time, for the primary purpose of feeding prior to sale. Feedlot does not include the raising, feeding and keeping of livestock by children residing on the property for the purpose of participation in educational programs such as 4-H.

Floodplain overlay district means the area lying one hundred fifty (150) feet on either side of Lindsay Creek as measured from the center of the stream and extending in a southeasterly direction from the Camas-Prairie Railroad grounds to the Lewiston corporate limits.

Floor area, gross means the cumulative floor area of each floor level, including any basement within the exterior walls of a building, as measured from the outside surface of the exterior walls.

Garage, private means a portion of a residential building in which storage such as motor vehicles used by the tenants of the building is kept.

Grade means, at ground level, the average of the landscaped ground level at the center of all walls of the building. If a wall is parallel to and within five (5) feet of a sidewalk, the ground level shall be measured at the sidewalk.

Group day care means as defined in section 21-131.

Height of building, building height means the vertical distance from the grade to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or the average height of the highest gable of a pitch or hip roof.

Home occupation means an activity, profession, or craft carried on entirely within a residence by the occupants; which activity is clearly incidental to the use of said residence as a dwelling and does not change the residential character thereof, is conducted in such a manner as to not give any outward appearance of a business in the ordinary meaning of the term; so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence other than for a nameplate, as permitted; and which does not infringe upon the rights of neighboring residents to enjoy a peaceful occupancy of their homes.

Homeless person means an individual who lacks stable living arrangements or housing (without regard to whether the individual is a member of a family). Such individuals may include, but are not limited to: those whose primary residence during the night is a supervised public or private facility that provides temporary living accommodations; those residing in transitional housing; those living on the streets; and those residing in a homeless shelter, mission, single-room occupancy facility, abandoned building, vehicle, any place not meant for human habitation, or in any other unstable or nonpermanent situation.

Homeless shelter means a privately or publicly operated facility, the primary purpose of which is to provide overnight accommodation free of monetary charge to homeless persons at a fixed location. Such facility may be overnight use only for a twenty-four (24) hour operation. Such facility may also provide support services, such as food, hygiene, laundry, counseling, job training, and referrals to other social service agencies. Homeless shelter shall not include medical facilities licensed by the state of Idaho as a hospital (Idaho Code, Section 39-1301(a)), nursing facility (Idaho Code, Section 39-1301(b)), intermediate care facility (Idaho Code, Section 39-1301(c)), behavioral health service (Idaho Code, Section 39-3122(1)), behavioral health community crisis center (Idaho Code, Section 39-9103(2)), Idaho certified family homes (Idaho Code, Section 39-3502(8)), health facilities (Idaho Code, Section 39-1402(d)), or approved private or public treatment facilities (Idaho Code, Section 39-302(3), (4)). Homeless shelter shall also not include safe houses for domestic violence victims.

Household pets means small animals permitted in the house or yard and kept for company or pleasure, such as dogs, cats, rabbits, guinea pigs, hamsters, or other small, fur-bearing animals; canaries, parrots, parakeets, goldfish, etc.

Industrial park means a development at least five (5) acres in area with a coordinated design for a variety of industrial and related uses.

Intermediate care facility means a facility that provides, on a regular basis, personal care, including dressing, eating and health-related care and services, to individuals who require such assistance but who do not require the degree of care and treatment that a hospital or skilled nursing facility provides.

Junk means any manufactured good, machinery, vehicle stored in public view in violation of Article XVI, personal property or any other thing or part thereof, whether of value or valueless, that is demolished, discarded, dismantled, partially dismantled, dilapidated, worn or deteriorated. This shall include by way of illustration only and without limitation wood, rubber, scrap metal, concrete, rubble, boxes, crates, or machinery parts.

Junkyard/auto-wrecking yard means an open area where one (1) or more inoperable motor vehicles, junk motor vehicles, vehicle parts or automobile hulks are stored or kept and not in compliance with Article XVI regardless of whether for profit or not, or where waste and scrap material are stored whether for profit or not or where waste and scrap material is bought, sold, exchanged, stored, baled, packed, disassembled, or handled. Any property where such vehicles or materials are present for thirty (30) days shall be deemed a junkyard. A junkyard includes an auto-wrecking yard but does not include uses established entirely within closed buildings.

Kennels, commercial means any lot or premises or portion thereof, other than a veterinary hospital, on which four (4) or more dogs are maintained, harbored, possessed, boarded, bred or cared for in return for compensation or kept for sale.

Kennels, noncommercial means any lot, premises or portion thereof, other than a veterinary hospital, on which six (6) or more dogs are maintained, harbored, possessed, boarded, bred or cared for and are not for sale or compensation.

Long-term care facility means an institution or a distinct part of an institution that is licensed or approved to provide health care under medical supervision for twenty-four (24) or more consecutive hours to two (2) or more patients who are not related to the governing authority or its members by marriage, blood, or adoption.

Lot means a tract or adjoining tracts of land, no matter how legally described, whether by metes and bounds and/or by lot and block of a recorded plat, which meets the minimum requirements of this chapter for lot access, lot area, lot width, and lot depth and is represented by its owner on a site plan with a permit application as the tract of land to be developed, used, or built upon for purposes of and subject to the requirements of the permit requested.

Lot area means the total area of a lot measured in a horizontal plane within the lot boundary lines, exclusive of any dedicated public right-of-way.

Lot, corner means a lot abutting on two (2) or more streets, other than an alley, at their intersection or upon two (2) parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees. The front of a corner lot shall be determined at the time of building permit application.

Lot coverage means that portion of the lot that is covered by building and structures.

Lot depth means the average horizontal distance between the front lot line and the rear lot line.

Lot, flag means a lot that is, generally, in the shape of a flag extended at the end of a pole, wherein the pole portion of the lot serves to provide the required street frontage and the flag portion of the lot serves to provide the buildable area of the lot.

Lot line means the property line bounding a lot.

Lot line, front means the property line separating the lot from the street, other than an alley.

Lot line, rear means a property line which is opposite and most distant from the front lot line and, in the case of an irregular, triangular, or other shaped lot, means a line ten (10) feet in length within the lot parallel to and at a maximum distance from the front lot line.

Lot line, side means any property line not a front or rear lot line.

Lot, nonconforming means a lot that does not meet the current minimum requirements of this chapter for lot area, lot width, or lot depth, but which was platted or otherwise created and accepted by the governing local land use jurisdiction as a recognizable building lot prior to the current lot size requirements of this chapter and that does meet the current minimum requirements of this chapter for lot access.

Lot, through means a lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot. Setbacks for the zone in which such lot is located must be met on both street frontages and all accessory buildings shall comply with all front and rear yard setback requirements of the primary use.

Lot width means the length of a line at right angles to the axis of the lot at a distance equal to the front setback required for the zone in which the lot is located. The axis of a lot shall be a line joining the midpoints of the front and rear property lines.

Manufactured home means a structure, constructed after June 15, 1976, in accordance with the HUD manufactured home construction and safety standards, and is transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or is forty (40) body feet or more in length, or when erected on site is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, except that such term shall include any structure which meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under 42 U.S.C. Sections 5401 et seq.

Class A manufactured home: A manufactured home meeting the following standards:

(1) Constructed after June 15, 1976, and certified as meeting the manufactured home construction and safety standards of the Department of Housing and Urban Development;

(2) Shall be multisectional and enclose a space of not less than one thousand (1,000) square feet;

(3) Roof pitch shall be not less than a three-foot rise for each twelve (12) feet of horizontal run (3:12) and roof shall have minimum six-inch eave or eave and gutter;

(4) Has roofing materials which are generally acceptable for site-built housing. Any roofing material may be used provided it has the appearance of a nonmetallic shingle, shake or tile roof;

(5) Has siding material which has the appearance of wood, masonry or horizontal metal siding. Reflection from horizontal metal siding shall be no greater than that from siding coated with white gloss enamel;

(6) The manufactured home shall be placed on an excavated and backfilled foundation and enclosed at the perimeter such that the home is located not more than twelve (12) inches above grade;

(7) Hitch or tongue of manufactured home shall be removed.

Class B manufactured home: A manufactured home meeting the manufactured home construction and safety standards of the Department of Housing and Urban Development but not meeting all the criteria (2) through (5) for Class A manufactured homes. Also included certified rehabilitated mobile homes as provided in Title 44, Chapter 25 of Idaho Code.

Class C manufactured home: A manufactured home which does not meet the manufactured home construction and safety standards of the Department of Housing and Urban Development but which is at least eight (8) feet wide and forty (40) feet in length.

Manufactured home park means a tract of land under unified ownership developed for the purpose of providing individual rental spaces for the placement of manufactured homes within its boundaries.

Manufacturing means occupations engaged in the mechanical, physical, or chemical transformation of materials, substances, or components into new products. The assembling of component parts of manufactured products is considered manufacturing, except in cases where the activity is appropriately classified as construction, crafts, or art.

Mini-storage complex means one (1) or more structures on the same site containing several individually accessible storage spaces, or outdoor storage not associated with a contractor’s storage yard, for rent or lease to persons or businesses.

Nonconforming structure or use means a structure or use which was lawful March 13, 1972, the date of adoption of Ordinance No. 3071, or the date any amendment thereto became effective but which fails by reasons of adoption, revision or amendment to conform to the present requirements of the zoning district in which it is located.

Occupancy permit means a required permit allowing occupancy of a development or use after it has been determined that the development or use meets all the requirements of the applicable codes.

Office park means a development on a tract of land that contains a number of separate office buildings, accessory and supporting uses, and space designed, planned, constructed and managed on an integrated and coordinated basis.

Outdoor storage means the keeping, in an unroofed area, of any goods, junk, materials, merchandise or vehicles in the same place for more than twenty-four (24) hours.

Owner includes an authorized agent of the owner.

Park means a tract of land, designated and used by the public for active and passive recreation.

Parking means off-street parking with access from streets or secondary means or as approved by a subdivision plat.

Parking lot means a parcel of land devoted to parking spaces for motor vehicles.

Parking lot, commercial means any lot upon which the members of the general public operating a motor vehicle upon said lot and parking thereon may be required to pay a charge or fee for said usage to the owner of the lot or his agent.

Parking lot, reconstruction means the removal and replacement of existing asphalt, concrete, or similar paving material where reconstruction exposes the parking lot subgrade of an area exceeding two thousand (2,000) square feet.

Parking space means a permanently surfaced area, enclosed or unenclosed, meeting the requirements of the city of Lewiston standard drawings or the city engineer.

Person means every natural person, firm, partnership, association, social or fraternal organization, corporation, estate, trust, receiver, syndicate, branch of government, or any other group or combination acting as a unit.

Personal service use means any use conducted for gain which primarily offers service to the general public such as barbershops, beauty parlors, watch repair, shoe repair, self-service laundry, and dry cleaners and similar activities.

Planned unit development means an area of land in which a variety of residential, commercial, industrial, and/or other land uses are provided.

Prevailing architectural character means the basic aesthetic idea of a building, or group of buildings or structures, including the site and landscape development, that produces its distinctive character.

Professional offices means the use of offices and related spaces for such service as are provided by medical practitioners, lawyers, architects, engineers and similar professions.

Public use means 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. Public uses may be considered to be uses permitted outright when the use or structure proposed if the same use or structure were to be undertaken by a private individual would be allowed as a use permitted outright in a specific zone.

Quarrying means an excavation or open pit from which building materials, such as rock, gravel and sand, are extracted by earth moving operations. The term does not include mineral extraction by mining.

Ravine/Drainageway means an open drainage channel identified within the city of Lewiston storm water master plan or as identified during annexation proceedings. Two (2) types of ravines/drainageways exist:

Category A:

(1) Open drainage channels that transport less than one hundred (100) cubic feet per second (cfs) during a storm event for a distance of five hundred (500) linear feet, as identified in the city of Lewiston storm water master plan or as identified during annexation proceedings. The width of a category A drainage channel shall be measured ten (10) feet horizontally on each side of the channel at the average annual high water point. The width shall not exceed ten (10) feet measured horizontally from the edge of the channel at the average annual high water point, and the height shall not exceed ten (10) feet.

Category B:

(1) Open drainage channels that transport more than one hundred (100) cubic feet per second (cfs) during a storm event for a distance of five hundred (500) linear feet, as identified in the city of Lewiston storm water master plan or as identified during annexation proceedings. The width of a category A drainage channel shall be measured twenty-five (25) feet horizontally on each side of the average annual high water channel. The width shall not exceed twenty-five (25) feet from the edge of the channel at the average annual high water channel, and shall not exceed twenty-five (25) feet in height; or

(2) Open drainage channels that contain significant habitat as determined by designation of wetlands status by the U.S. Army Corps of Engineers.

Recreational vehicle means a vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are: travel trailer, camping trailer, fifth-wheel camper and motor home.

Recyclable material means materials that can be collected, sold or reused at a net cost equal to or less than the cost of collection and disposal of the same material.

Recycling center (intermediate processing center) means a place, building or facility where post consumer recyclable materials, including paper products, plastics, tin, aluminum, metals and glass, are accepted to be sorted, processed, packaged, baled, stored, sold or prepared for transport. Specifically excluding auto bodies, parts and related items.

Replacement of a nonconforming use means the replacement, after destruction, of a building or structure with its functional equivalent. The equivalent need not be an exact replica of the original.

Riding academy means an establishment where horses are boarded and cared for and where instructions in riding, jumping and showing is offered and the general public may, for a fee, hire horses for riding.

Riding arena means an enclosed indoor or outdoor area that is used for the purposes of riding horses or other similar animals.

Roadway means that portion of a highway or street improved, designed or ordinarily used for vehicular travel, exclusive of any sidewalk, berm or shoulder.

Semi-public use means a structure or use intended or used by a fraternal, cultural or similar organization, excluding any church or homeless shelter.

Service station means any building or premises used primarily for the retail sale of gasoline and lubricants, but which may also provide for the incidental servicing of motor vehicles including grease racks, tire repairs, battery charging, hand washing of automobiles, sale of merchandise and supplies related to the servicing of motor vehicles and minor replacements, but excluding body and fender work, engine overhauling, painting, welding, storage of autos not in operating condition or other work involving noise, fumes, glare or smoke.

Sign means a device designed to inform or to attract the attention of persons not on the premises. The area of a sign is the total of the exposed exterior display surfaces, including flags, pennants, banners.

Small animal hospital, clinic or kennel means a building used for the care, grooming, diagnosis and treatment of sick, ailing, infirm or injured small animals or pets, not including livestock, which are in need of medical or surgical attention, and may include enclosed overnight accommodations on the premises for the treatment, observation or recuperation of small animals or pets. Such premises shall be under the direct supervision and control of a licensed veterinarian, as defined by Chapter 21 , Title 54, Idaho Code, as the chapter now exists or may hereafter be amended. Board of small animals or pets may be included as an incidental use.

Structural alteration means any change to the supporting members of a building including foundations, bearing walls or partitions, columns, beams, girders, or any structural change in the roof or in the exterior walls.

Structure means something constructed or built and having a fixed base on, or fixed connections to, the ground or another structure.

Swimming pool means manufactured or field constructed equipment designed to contain water for swimming, wading, immersion, or therapeutic purposes for a person or persons.

Telecommunications tower means any structure not defined as an alternative telecommunications tower that is used and is constructed for the intent of transmitting commercial two-way telecommunications signals, such as, but not limited to, mobile phone communication, cellular phone communication, or satellite communication.

Travel trailer means a trailer house not more than eight (8) feet in width or more than twenty-nine (29) feet in interior length, designed for travel and recreation uses.

Travelway means that portion of the parking lot or vehicle storage lot normally used by motor vehicles or equipment to drive from a public street or alley to a parking or storage space.

Truck terminal means an area and building where cargo is stored and where trucks load and unload cargo on a regular basis. Truck service and maintenance associated with the trucking lines serving the trucking terminal and clearly secondary in nature to the truck terminal is an accessory use.

Use means the purpose for which land or a structure is designed, arranged, or intended, or for which it is occupied or maintained.

Variance means a modification of the requirements of the zoning ordinance as to lot size, lot coverage, width, depth, yards, setbacks, parking space, height of building or other ordinance provisions affecting the size of lots or the size, shape or placement of structures upon lots but not involving the actual use and shall not be of the applicant’s making.

Vehicle means any vehicle or device intended to be used for carrying or conveying persons and/or objects under its power including but not limited to: automobile, motorcycle, truck, motorized boat, motorized recreational vehicle, personal watercraft, three/four wheeler, snowmobile, motor home, etc.

Vehicle, inoperable means any motorized vehicle which is damaged, is missing any part essential for movement, or on which essential parts are broken or defective, including flat tires such that it cannot be considered to be operable; or does not meet the definition of operable vehicle.

Vehicle, junk means any motor vehicle from which all salvageable parts have been removed and the only remaining value is scrap.

Vehicle, operable means:

(1) Any motor vehicle intended for and that can be legally operated on any public roadway. Generally it requires title, and may or may not have current registration, certificate of insurance and properly displayed license plates.

(2) Any motorized vehicle not intended for legal operation on a public roadway including but not limited to race vehicles, watercraft, seasonal vehicles and pre-event demolition derby vehicles.

Vehicle parts means one or more new or used motor vehicle components.

Vehicle storage lot means a parcel of land devoted to the storage or display for sale of motor vehicles or equipment.

Veterinary clinic or kennel means a building used for the care, grooming, diagnosis and treatment of sick, ailing, infirm or injured animals, including household pets and livestock, and those animals which are in need of medical or surgical attention, including overnight accommodations on the premises for treatment, observation or recuperation. Such premises shall be under the direct supervision of a licensed veterinarian, as defined by Chapter 21 , Title 54, Idaho Code, as that chapter now exists or may hereafter be amended. Boarding of pets and livestock may be included as an incidental use.

Wholesale distribution means an establishment engaged in the receipt, storage and distribution of goods, products, cargo and materials including transshipment by boat, rail, air or motor vehicles.

Wood processing plant means an area or facility for the processing, handling or distribution of wood-based products including but not limited to sawmills, retail or wholesale firewood lots, or similar facilities that transform raw wood products to a more finished form.

Working day means any day except a Saturday, Sunday or a day which is a legal holiday under the laws of Idaho.

Wrecking yard, see Junkyard.

Yard means an open space on a lot which is unobstructed from the ground upward.

Yard, front means a yard between side lot lines and measured horizontally at right angles to the front lot line from the front lot line to a building.

Yard, rear means a yard between side lot lines and measured horizontally at right angles to the rear lot line from the rear lot line to a building.

Yard, side means a yard between the front and rear yard measured horizontally and at right angles from the side lot line to a building.

Zoning certificate means a notation attached to a building permit, occupancy permit or business license, or issued separately by the community development director or authorized representative, to certify that a building, structure, use or occupancy specified thereon is in conformity with all the provisions of this chapter.

Zoning official means the director of the community development department of the city. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4161, § 1, 7-1-96; Ord. No. 4249, § 1, 10-25-99; Ord. No. 4270, § 1, 10-30-00; Ord. No. 4283, § 1, 4-9-01; Ord. No. 4322, § 1, 12-9-02; Ord. No. 4328, § 1, 3-24-03; Ord. No. 4329, § 1, 6-16-03; Ord. No. 4344, § 1, 11-17-03; Ord. No. 4351, § 1, 3-15-04; Ord. No. 4354, § 1, 3-29-04; Ord. No. 4386, § 1, 2-14-05; Ord. No. 4393, § 1, 3-14-05; Ord. No. 4423, § 2, 11-21-05; Ord. No. 4426, §§ 1, 2, 11-28-05; Ord. No. 4398, § 5, 1-9-06; Ord. No. 4440, § 1, 8-14-06; Ord. No. 4486, § 1, 9-24-07; Ord. No. 4499, § 1, 1-28-08; Ord. No. 4520, § 1, 11-24-08; Ord. No. 4523, § 2, 1-26-09; Ord. No. 4525, § 1, 1-26-09; Ord. No. 4531, § 1, 7-13-09; Ord. No. 4581, § 1, 8-13-12; Ord. No. 4587, § 1, 8-27-12; Ord. No. 4676, § 1, 11-28-16; Ord. No. 4672, § 1, 12-13-16; Ord. No. 4689, § 1, 4-24-17)

ARTICLE II. BASIC PROVISIONS

Sec. 37-4. Compliance with chapter provisions.

A lot may be used and a structure or part of a structure constructed, reconstructed, altered, occupied or used only as this chapter permits and subject to provisions of Articles III to X. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-5. Maintenance of minimum requirements.

No lot dimensions, yards or off-street parking areas existing on or before March 13, 1972, shall be reduced below the minimum requirements of this chapter. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-6. Interpretation.

Where the conditions imposed by any provision of this chapter are less restrictive than comparable conditions imposed by any other provision of this chapter or any other applicable regulation, the provision which is more restrictive shall govern. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-7. Severability.

The provisions of this chapter are severable. If any section, sentence, clause, or phrase is ruled by a court to be invalid, the ruling shall not affect the validity of the remaining portion of this chapter. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-8. Classification of zones.

For the purposes of this chapter, the following zones are hereby established:

Zone

Abbreviated Designation

Agricultural Transitional Zone

F-2

Suburban Residential Zone

R-1

Low Density Residential Zone

R-2

Low Density Residential Zone

R-2A

Normal Hill North Zone

NHN

Normal Hill South Zone

NHS

Medium Density Residential Zone

R-3

Higher Density Residential Zone

R-4

North Lewiston Mixed Use Development Zone

MXD-NL

Local Commercial Zone

C-1

Normal Hill Special Planning Area Mixed Use Zone

NHMU

Tourist Commercial Zone

C-2

Community Commercial Zone

C-3

General Commercial Zone

C-4

Central Commercial Zone

C-5

Regional Commercial Zone

C-6

Light Industrial Zone

M-1

Bryden Avenue Special Planning Area

BASPA

Heavy Industrial Zone

M-2

Planned Unit Development Zone

PD

Airport Zone

A

Port Zone

P

Billboard Overlay Zone

BB

Form and Impact Based Zone

FIB

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4161, § 2, 7-1-96; Ord. No. 4283, § 2, 4-9-01; Ord. No. 4689, § 2, 4-24-17; Ord. No. 4725, § 1, 11-26-18)

Sec. 37-9. Zoning map.

The boundaries of the zones established by this chapter are indicated on a map entitled Zoning Map of the City of Lewiston, which is hereby adopted by reference and incorporated in this chapter as though fully set forth herein. The boundaries may be modified in accordance with zoning map amendments which shall be adopted by reference. A certified print of the adopted map or subsequently amended map shall be maintained as long as this chapter remains in effect. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-10. Zone boundaries.

Unless otherwise specified, zone boundaries are section lines, subdivision lines, lot lines, centerlines of streets, alleys or railroad rights-of-way, or such lines extended. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-10.5. Public nuisance prohibited.

No use or activity described in this chapter, whether permitted outright or by conditional use permit, may be conducted in such a way as to cause a public nuisance, such as littering, loitering, indecent exposure, criminal activity, disturbing the peace, drunk or disorderly person, noise, dust, or fumes. (Ord. 4689, § 3, 4-24-17)

ARTICLE III. USE ZONES

AGRICULTURAL TRANSITIONAL ZONE F-2

Sec. 37-11. F-2 Agricultural Transitional Zone.

(a) Purpose: To provide a transition zone from agricultural land uses to residential land use within the city limits where centralized water and sewer are not available. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 2, 10-25-99)

Sec. 37-12. Uses permitted outright.

In an F-2 Zone, the following uses and their accessory uses are permitted outright subject to the provisions of Article IV:

(1) Class A manufactured home;

(2) General farming, except feedlots;

(3) Single-family dwelling;

(4) Bed and breakfast facilities, subject to special conditions of section 37-13.1(1) of this code;

(5) Family day care, subject to special conditions of section 37-13.1(2) of this code;

(6) Telecommunications towers, subject to the standards of section 37-13.1(4);

(7) Alternative telecommunications towers, subject to the standards of section 37-163(2). (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 3, 10-25-99; Ord. No. 4322, § 4, 12-9-02)

Sec. 37-13. Conditional uses permitted.

In an F-2 Zone, the following uses are permitted when authorized in accordance with the standards and requirements in Article IX:

(1) Class B manufactured home;

(2) Commercial kennels;

(3) Public use;

(4) Quarrying when the outer boundary is not located within one thousand (1,000) feet of a dwelling unit other than that of the operator;

(5) Recreational vehicle park, subject to the provisions of Chapter 23, Article II of this code;

(6) Semi-public use;

(7) Group day care, subject to special conditions of section 37-13.1(3) of this code;

(8) Alternative telecommunications towers not to exceed seventy (70) feet in height. Alternative telecommunications towers shall comply with standards of section 37-163(2) of this code. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 4, 10-25-99; Ord. No. 4322, § 5, 12-9-02; Ord. No. 4698, § 15, 10-30-17)

Sec. 37-13.1. Special conditions.

(1) Bed and breakfast facilities.

(a) The use shall not change the residential character of the dwelling, shall be conducted in such a manner as to not give any outward appearance of a business in the ordinary meaning of the term, shall be conducted so that the average neighbor under normal circumstances would not be aware of its existence, and shall not infringe upon the rights of neighboring residents to enjoy the peaceful occupancy of their homes.

(b) No more than one (1) person, other than members of the family residing on the premises, shall be engaged in the occupation.

(c) Only resident guests of bed and breakfast facilities shall be served meals.

(d) Bed and breakfast facilities shall be limited to five (5) or fewer guestrooms.

(e) One (1) off-street parking space is required for each guestroom of a bed and breakfast facility.

(f) A bed and breakfast facility shall be allowed one (1) sign, no more than four (4) square feet and non-illuminated.

(g) The size of the site is shown to be reasonable for the intended use.

(h) Access to the site meets all applicable ordinances.

(i) The surrounding properties will not otherwise be adversely affected.

(2) Family day care, one (1) to six (6) children.

(a) Registration with the family day care registry is required in accordance with section 21-138 of this code.

(b) The size of the site is shown to be reasonable for the intended use.

(c) Access to the site meets all applicable ordinances.

(d) The surrounding properties will not otherwise be adversely affected.

(3) Group day care, seven (7) to twelve (12) children.

(a) A business license is required in accordance with section 21-133 of this code.

(b) The size of the site is shown to be reasonable for the intended use.

(c) Access to the site meets all applicable ordinances.

(d) The surrounding property will not otherwise be adversely affected.

(4) Telecommunications towers standards.

(a) The following telecommunications towers shall be allowed as uses permitted outright:

1. Towers designed and constructed for placement of a single telecommunications service provider, not to exceed ninety (90) feet.

2. Towers designed and constructed for placement of two (2) telecommunications service providers, not to exceed one hundred twenty (120) feet.

3. Towers designed and constructed for placement of three (3) or more telecommunications service providers, not to exceed one hundred fifty (150) feet.

4. Antennas attached to pre-existing structures.

(b) Applicants for construction permits for telecommunications towers allowed as uses permitted outright and designed and constructed for use of two (2) or more service providers shall provide the community development director proof of agreements between the service providers for co-location on the tower.

(c) No telecommunications tower shall be constructed where any portion of the upper one-third (1/3) of the tower, as measured from grade, is at the same elevation of any residentially zoned lot within one thousand (1,000) feet of the tower.

(d) Telecommunications towers shall comply with setback and yard requirements of the underlying zone.

(e) Telecommunications towers shall conform to the requirements of sections 37-106, Approach surface height limitation, and 37-107, Transitional surface and horizontal surface height limitation, of this chapter. Applicants for a construction permit for telecommunications towers shall provide written confirmation from the Federal Aviation Administration (FAA) that the intended tower will not create a hazard to air navigation. Such written confirmation shall be provided prior to authorization of a construction permit.

(f) Telecommunications towers shall conform to FAA Advisory Circular AC 70/7460-1K as may be amended or revised. Where a telecommunications tower is required to be lit, strobe lights shall not be permitted unless required by the FAA. When strobe lights are required on telecommunications towers, a dual lighting system of white strobes for daytime lighting and a red flashing light atop the tower for nighttime lighting shall be used.

(g) A telecommunications tower shall be determined to be abandoned if, for a period of eighteen (18) consecutive months, the owner or his lessee(s) do not use the tower for telecommunications services. All abandoned telecommunications towers shall be removed, and the site returned to its natural state eighteen (18) inches below grade, within six (6) months of abandonment. A performance bond in the amount of fifteen thousand dollars ($15,000) and memorandum of understanding with the city of Lewiston shall be required to ensure demolition of telecommunications towers after abandonment. The memorandum of understanding shall ensure annual renewal of the bond.

(h) Prior to approval of a building permit, the applicant for construction of a telecommunications tower shall provide proof of liability insurance of one million dollars ($1,000,000) or more to the director of community development or his designee.

(i) Telecommunications towers shall not display signage, logos, symbols, or any messages of a commercial or noncommercial nature on towers, support structures or the fence securing the tower, except where a sign is required for life and safety issues. A sign, not to exceed one and one-half (1-1/2) square feet, shall be posted on the fence or gate identifying the current owner of the tower, emergency contact or agency, and applicable contact numbers. (Ord. No. 4249, § 5, 10-25-99; Ord. No. 4322, § 2, 12-9-02; Ord. No. 4351, § 2, 3-15-04)

Sec. 37-14. Lot size.

The lot size shall be as follows:

(1) For a single-family dwelling, the minimum lot area shall be five (5) acres;

(2) Minimum lot width shall be two hundred (200) feet. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-15. Yards.

Except as provided in Article VIII, yards shall be as follows:

(1) A front yard shall be a minimum of twenty (20) feet;

(2) A side yard shall be a minimum of ten (10) feet, except that on a corner lot, the side yard shall be a minimum of fifteen (15) feet from the property line or thirty (30) feet from the centerline of the street, whichever is greater;

(3) A rear yard shall be a minimum of twenty (20) feet. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-16. Height of buildings.

Buildings shall not exceed a height of thirty-five (35) feet. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-17. Lot coverage.

Buildings shall not cover more than forty (40) percent of the lot. (Ord. No. 4108, § 2, 8-15-94)

SUBURBAN RESIDENTIAL ZONE R-1

Sec. 37-18. R-1 Suburban Residential Zone.

(a) Purpose: To provide for agricultural or transitional area for suburban residential uses. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 6, 10-25-99)

Sec. 37-19. Uses permitted outright.

In an R-1 Zone, the following uses and their accessory uses are permitted outright, subject to the provisions of Article IV:

(1) Bed and breakfast facilities, subject to the special conditions of section 37-13.1(1) of this code;

(2) Church, subject to the special conditions of section 37-20.1(2) of this code;

(3) Class A manufactured home;

(4) Commercial uses legally established as of December 31, 2004, and which have maintained a valid business and occupation permit;

(5) Family day care, subject to the special conditions of section 37-13.1(2) of this code;

(6) General farming, except feedlots;

(7) Mortuary, subject to the special conditions of section 37-20.1(1) of this code;

(8) Park, subject to the special conditions of section 37-20.1(4) of this code;

(9) School, subject to the special conditions of section 37-20.1(3) of this code;

(10) Single-family dwelling;

(11) Two-family dwelling. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 7, 10-25-99; Ord. No. 4385, § 1, 2-14-05; Ord. No. 4398, § 6, 1-9-06; Ord. No. 4531, § 2, 7-13-09; Ord. No. 4675, § 1, 11-28-16)

Sec. 37-20. Conditional uses permitted.

In an R-1 Zone the following uses and their accessory uses are permitted when authorized in accordance with the standards and requirements in Articles IV and IX:

(1) Alternative telecommunications towers not to exceed seventy (70) feet in height. Alternative telecommunications towers shall comply with standards of section 37-163(2) of this code;

(2) Class B manufactured home;

(3) Day care center, subject to the special conditions of section 37-20.1(5) of this code;

(4) Group day care, subject to the special conditions of section 37-13.1(3) of this code;

(5) Intensification, or expansion of commercial uses of ten (10) percent of the building area or more which were legally established and licensed for business and occupation;

(6) Manufactured home park, subject to the requirements of Chapter 23 of this code, with a minimum area of two (2) acres and a maximum density of five and eight-tenths (5.8) units per acre;

(7) Noncommercial kennel, subject to commercial kennel standards of section 37-163(15) of this code;

(8) Preschool, subject to the special conditions of section 37-20.1(6) of this code;

(9) Public use;

(10) Re-establishment of a commercial use which was legally established but where the business and occupation license has lapsed for a period not to exceed one (1) year;

(11) Replacement of a nonconforming commercial use located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to standards of section 37-163(17) of this code;

(12) Replacement of a nonconforming residential use not located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to setback and yard requirements of the R-2 Zone;

(13) Semi-public use. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 8, 10-25-99; Ord. No. 4322, § 5, 12-9-02; Ord. No. 4328, § 2, 3-24-03; Ord. No. 4385, § 2, 2-14-05; Ord. No. 4398, § 7, 1-9-06; Ord. No. 4531, § 2, 7-13-09; Ord. No. 4675, § 2, 11-28-16)

Sec. 37-20.1. Special conditions.

(1) Mortuary.

(a) The size of the site is shown to be reasonable for the intended use.

(b) Access to the site meets all applicable ordinances.

(c) The abutting/adjacent properties will not otherwise be adversely affected.

(d) A site development plan is submitted for review and approval; subsequent development shall be in substantial conformance with the approved development plan.

(e) The developer of the proposed project shall contact all property owners and tenants within three hundred (300) feet of the property on which the project is planned. The notification shall provide details of the proposed development and inform those receiving notification of their opportunity to contact the community development department, in writing, within fifteen (15) days of notification with complaints or concerns about the proposed project. The developer shall provide to the community development department written verification of the notification to all property owners and tenants. If no written objections are received from those persons entitled to receive notice within fifteen (15) days of such notice, zoning approval may be granted. If any written objection to the proposed development is received within fifteen (15) days of such notice from any person entitled to notice, a conditional use permit shall be required. The developer shall apply for a conditional use permit as provided in Article IX of this chapter.

(2) Church.

(a) The size of the site is shown to be reasonable for the intended use.

(b) Access to the site meets all the applicable ordinances.

(c) The abutting/adjacent properties will not otherwise be adversely affected.

(d) A church may exceed the height limitations of the zone in which it is located to a maximum of fifty (50) feet, if the total floor area of the building does not exceed one and one-half (1-1/2) times the area of the site and if the yard dimensions in each case are equal to at least two-thirds (2/3) of the height of the principal structure.

(e) Site development plan is submitted for review and approval; subsequent development shall be in substantial conformance with the approved development plan.

(f) The developer of the proposed project shall contact all property owners and tenants within three hundred (300) feet of the property on which the project is planned. The notification shall provide details of the proposed development and inform those receiving notification of their opportunity to contact the community development department, in writing, within fifteen (15) days of notification with complaints or concerns about the proposed project. The developer shall provide to the community development department written verification of the notification to all property owners and tenants. If no written objections are received from those persons entitled to receive notice within fifteen (15) days of such notice, zoning approval may be granted. If any written objection to the proposed development is received within fifteen (15) days of such notice from any person entitled to notice, a conditional use permit shall be required. The developer shall apply for a conditional use permit as provided in Article IX of this chapter.

(3) School.

(a) The size of the site is shown to be reasonable for the intended use.

(b) Access to the site meets all applicable ordinances.

(c) The surrounding property will not otherwise be adversely affected.

(d) Site development plan is submitted for review and approval; subsequent development shall be in substantial conformance with the approved development plan.

(e) The developer of the proposed project shall contact all property owners and tenants within three hundred (300) feet of the property on which the project is planned. The notification shall provide details of the proposed development and inform those receiving notification of their opportunity to contact the community development department, in writing, within fifteen (15) days of notification with complaints or concerns about the proposed project. The developer shall provide to the community development department written verification of the notification to all property owners and tenants. If no written objections are received from those persons entitled to receive notice within fifteen (15) days of such notice, zoning approval may be granted. If any written objection to the proposed development is received within fifteen (15) days of such notice from any person entitled to notice, a conditional use permit shall be required. The developer shall apply for a conditional use permit as provided in Article IX of this chapter.

(4) Park.

(a) Site development plan is submitted for review and approval to the Lewiston parks and recreation manager; subsequent development shall be in substantial conformance with the approved development plan.

(b) The site development plan shall be shown to be in substantial compliance with the park and open space master plan.

(5) Day care center, thirteen (13) children or over.

(a) A business license is required in accordance with Chapter 21 of this code.

(b) The size of the site is shown to be reasonable for the intended use.

(c) Access to the site meets all applicable ordinances.

(d) The surrounding property will not otherwise be adversely affected.

(e) Off-street parking and pick-up/drop-off area shall be provided.

(6) Preschool.

(a) Approval of a conditional use permit from the planning and zoning commission is required. This requires a public hearing before the planning and zoning commission.

(b) A business license is required, including a criminal history check for all employees, volunteers and people over twelve (12) years of age living on the premises.

(c) Compliance with state regulations, Uniform Building Codes and city standards is required.

(d) The size of the site is shown to be reasonable for the intended use.

(e) Parking and access to the site meet all applicable ordinances.

(f) The surrounding property will not otherwise be adversely affected. (Ord. No. 4249, § 9, 10-25-99; Ord. No. 4351, § 3, 3-15-04; Ord. No. 4692, § 11, 10-30-17)

Sec. 37-21. Lot size.

In an R-1 Zone, the lot size shall be as follows:

(1) For a single-family dwelling, the minimum lot area shall be ten thousand (10,000) square feet, subject to sections 32-45(f)(1) and 36-103 of this code.

(2) For a two-family dwelling, the minimum lot area shall be fifteen thousand (15,000) square feet, subject to sections 32-45(f)(1) and 36-103 of this code.

(3) Lot width shall be a minimum of seventy (70) feet.

(4) Lot depth shall be a minimum of one hundred (100) feet. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4381, § 1, 1-24-05; Ord. No. 4531, § 2, 7-13-09; Ord. No. 4676, § 2, 11-28-16)

Sec. 37-22. Yards.

Except as provided in Article VIII, in an R-1 Zone yards shall be as follows:

(1) A front yard shall be a minimum of twenty (20) feet or thirty-five (35) feet from the centerline of the street, whichever is greater.

(2) A side yard shall be a minimum of ten (10) feet, except that on a corner lot the side yard on the street side shall be a minimum of fifteen (15) feet from the property line or thirty (30) feet from the centerline of the street, whichever is greater.

(3) A rear yard shall be a minimum of twenty (20) feet.

(4) Duplex dwelling units constructed as a use permitted outright in this zone and constructed so as to share a common or adjoining side wall shall be allowed to legally split into two (2) minimum seven thousand five hundred (7,500) square foot lots provided the front and rear setbacks are in compliance with this chapter and the side yard opposite the zero lot line shall be a minimum of twenty (20) feet. In no case shall the minimum width of the zero lot line lot be less than sixty (60) feet nor the depth less than one hundred (100) feet. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-23. Lot coverage.

Buildings shall not cover more than forty (40) percent of the lot. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-24. Height of buildings.

In an R-1 Zone, the buildings shall not exceed a height of thirty-five (35) feet. (Ord. No. 4108, § 2, 8-15-94)

37-25

Reserved.

Editor’s note – Ord. No. 4216, § 1, adopted Aug. 10, 1998, repealed § 37-25, relative to signs permitted in the R-1 Zone, which derived from Ord. No. 4108, § 2, adopted Aug. 15, 1994.

LOW DENSITY RESIDENTIAL ZONE R-2

Sec. 37-26. R-2 Low Density Residential Zone.

(a) Purpose: To provide land for lower density residential development in a neighborhood setting. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 10, 10-25-99)

Sec. 37-27. Uses permitted outright.

In an R-2 Zone the following uses and their accessory uses are permitted outright subject to the provisions of Article IV:

(1) Bed and breakfast facilities, subject to the special conditions of section 37-13.1(1) of this code;

(2) Church, subject to the special conditions of section 37-20.1(2) of this code;

(3) Class A manufactured home;

(4) Commercial uses legally established as of December 31, 2004, and which have maintained a valid business and occupation permit;

(5) Family day care, subject to the special conditions of section 37-13.1(2) of this code;

(6) Mortuary, subject to the special conditions of section 37-20.1(1) of this code;

(7) Park, subject to the special conditions of section 37-20.1(4) of this code;

(8) School, subject to the special conditions of section 37-20.1(3) of this code;

(9) Single-family dwelling;

(10) Two-family dwelling. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4161, § 3, 7-1-96; Ord. No. 4249, § 11, 10-25-99; Ord. No. 4385, § 3, 2-14-05)

Sec. 37-28. Conditional uses permitted.

In an R-2 Zone, the following uses and their accessory uses are permitted when authorized in accordance with the standards and requirements in Articles IV and IX:

(1) Alternative telecommunications towers not to exceed seventy (70) feet in height. Alternative telecommunications towers shall comply with standards of section 37-163(2) of this code;

(2) Day care center, subject to the special conditions of section 37-20.1(5) of this code;

(3) Group day care, subject to the special conditions of section 37-13.1(3) of this code;

(4) Intermediate care facility;

(5) Long-term care facility;

(6) Intensification, or expansion of commercial uses of ten (10) percent of the building area or more which were legally established and licensed for business and occupation;

(7) Multifamily dwelling, meeting the standards of section 37-124.1 of this code;

(8) Noncommercial kennel, subject to commercial kennel standards of section 37-163(15) of this code;

(9) Preschool, subject to the special conditions of section 37-20.1(6) of this code;

(10) Public use;

(11) Re-establishment of a commercial use which was legally established but where the business and occupation license has lapsed for a period not to exceed one (1) year;

(12) Replacement of a nonconforming commercial use located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to standards of section 37-163(17) of this code;

(13) Replacement of a nonconforming residential use not located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to setback and yard requirements of the R-2 Zone;

(14) Semi-public use;

(15) Small lot development subject to the requirements of section 37-33 of this code, standards for small lot development. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 12, 10-25-99; Ord. No. 4322, § 5, 12-9-02; Ord. No. 4328, § 2, 3-24-03; Ord. No. 4385, § 4, 2-14-05; Ord. No. 4433, § 1, 1-9-06; Ord. No. 4499, § 2, 1-28-08; Ord. No. 4531, § 3, 7-13-09; Ord. No. 4656, § 1, 3-28-16; Ord. No. 4676, § 3, 11-28-16)

Sec. 37-29. Lot size.

In an R-2 Zone, the minimum lot size shall be as follows:

(1) For a single-family dwelling, the minimum lot area shall be seven thousand five hundred (7,500) square feet, subject to sections 32-45(f)(1) and 36-103 of this code.

(2) For a two-family dwelling, the minimum lot area shall be ten thousand (10,000) square feet, and connection to a municipal sanitary sewer system must be provided.

(3) For a multifamily dwelling, the minimum lot area shall be ten thousand (10,000) square feet plus three thousand (3,000) square feet for each dwelling unit over two (2), and connection to a municipal sanitary sewer system must be provided.

(4) Lot width shall be a minimum of sixty (60) feet.

(5) Lot depth shall be a minimum of eighty (80) feet. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4499, § 2, 1-28-08; Ord. No. 4676, § 4, 11-28-16)

Sec. 37-30. Yards.

Except as provided in Article VIII, in an R-2 Zone the minimum yard requirements shall be as follows:

(1) A front yard shall be a minimum of twenty (20) feet or thirty-five (35) feet from the centerline of the street, whichever is greater.

(2) A side yard shall be a minimum of five (5) feet and the total of both side yards shall be a minimum of fifteen (15) feet, except on corner lots the side yard on the street side shall be a minimum of fifteen (15) feet from the property line or thirty-five (35) feet from the centerline of the street, whichever is greater.

(3) A rear yard shall be a minimum of twenty (20) feet.

(4) Duplex dwelling units constructed as a use permitted outright in this zone and constructed so as to share a common or adjoining side wall shall be allowed to legally split into two (2) minimum five thousand (5,000) square foot lots provided the front and rear setbacks are in compliance with this chapter and the side yard opposite the zero lot line shall be a minimum of fifteen (15) feet. In no case shall the minimum width of the zero lot line lot be less than fifty (50) feet nor the depth less than eighty (80) feet. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-31. Lot coverage.

In an R-2 Zone buildings shall not cover more than forty (40) percent of the lot. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-32. Height of buildings.

In an R-2 Zone, no building shall exceed a height of thirty-five (35) feet. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-33. Small lot development; development consisting of zero lot line town homes or duplexes.

(a) Lot size.

(1) For a single-family dwelling, the minimum lot area shall be four thousand (4,000) square feet;

(2) For a two-family dwelling, the minimum lot area shall be six thousand five hundred (6,500) square feet;

(3) Lot width shall be a minimum of forty (40) feet for interior and forty-five (45) feet for corner lots;

(4) Lot depth shall be a minimum of eighty (80) feet.

(b) Yards. Except as provided in section 37-156 of this code, the minimum yard requirements shall be as follows:

(1) A front yard shall be a minimum of ten (10) feet or twenty-five (25) feet from the centerline of the adjacent street, whichever is greater.

(2) A side yard shall be:

a. Zero (0) feet when adjacent to a primary building constructed on the property line; or

b. Five (5) feet or more, except on corner lots the side yard on the street side shall be a minimum of ten (10) feet or twenty-five (25) feet from the centerline of the adjacent street, whichever is greater.

(3) A rear yard shall be a minimum of twenty (20) feet except when one (1) side yard is at least twenty (20) feet, the rear yard may be reduced to ten (10) feet.

(c) In small lot development, buildings shall not cover more than sixty (60) percent of the lot.

(d) Standards.

(1) One detached garage of four hundred forty (440) square feet is allowed when provided with vehicle access from an improved right-of-way and a garage is not attached to the primary residence. No other accessory buildings are allowed.

(2) Vehicular access shall be provided from the rear of the lot when the structure is setback less than twenty (20) feet from the front lot line.

(3) The parcel, prior to being developed with a small lot development project, must have one hundred and sixty (160) continuous feet of frontage on a fifty-foot or wider right-of-way.

(4) Each small lot development must create a minimum of four (4) contiguous lots. (Ord. No. 4433, § 2, 1-9-06)

LOW DENSITY RESIDENTIAL ZONE R-2A

Sec. 37-34. R-2A Low Density Residential Zone.

(a) Purpose: To provide land for lower density residential development with the keeping of livestock as a conditional use. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4161, § 4, 7-1-96; Ord. No. 4249, § 13, 10-25-99)

Sec. 37-35. Uses permitted outright.

In an R-2A Zone, the following uses and their accessory uses are permitted outright subject to the provisions of Article IV:

(1) Bed and breakfast facilities, subject to the special conditions of section 37-13.1(1) of this code;

(2) Church, subject to the special conditions of section 37-20.1(2) of this code;

(3) Class A manufactured home;

(4) Commercial uses legally established as of December 31, 2004, and which have maintained a valid business and occupation permit;

(5) Family day care, subject to the special conditions of section 37-13.1(2) of this code;

(6) Manufactured home park, subject to the requirements of Chapter 23 of this code with a minimum area of two (2) acres and a maximum density of 8.7 units per acre;

(7) Mortuary, subject to the special conditions of section 37-20.1(1) of this code;

(8) Park, subject to the special conditions of section 37-20.1(4) of this code;

(9) School, subject to the special conditions of section 37-20.1(3) of this code;

(10) Single-family dwelling;

(11) Two-family dwelling. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 14, 10-25-99; Ord. No. 4385, § 5, 2-14-05; Ord. No. 4398, § 8, 1-9-06)

Sec. 37-36. Conditional uses permitted.

In an R-2A Zone, the following uses and their accessory uses are permitted when authorized in accordance with the standards and requirements in Articles IV and IX:

(1) Alternative telecommunications towers not to exceed seventy (70) feet in height. Alternative telecommunications towers shall comply with standards of section 37-163(2) of this code;

(2) Day care center, subject to the special conditions of section 37-20.1(5) of this code;

(3) Group day care, subject to the special conditions of section 37-13.1(3) of this code;

(4) Intermediate care facility;

(5) Keeping of livestock, subject to the standards of sections 37-195 through 37-199 of this code;

(6) Long-term care facility;

(7) Intensification, or expansion of commercial uses of ten (10) percent of the building area or more which were legally established and licensed for business and occupation;

(8) Multifamily dwelling, meeting the standards of section 37-124.1 of this code;

(9) Noncommercial kennel, subject to commercial kennel standards of section 37-163(15) of this code;

(10) Preschool, subject to the special conditions of section 37-20.1(6) of this code;

(11) Public use;

(12) Re-establishment of a commercial use which was legally established but where the business and occupation license has lapsed for a period not to exceed one (1) year;

(13) Replacement of a nonconforming residential use not located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to setback and yard requirements of the R-2 Zone;

(14) Semi-public use;

(15) Manufactured home park, subject to the requirements of Chapter 23 of this code with a density greater than eight and seven-tenths (8.7) units per acre;

(16) Small lot development subject to the requirements of section 37-33, standards for small lot development. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 15, 10-25-99; Ord. No. 4322, § 5, 12-9-02; Ord. No. 4328, § 2, 3-24-03; Ord. No. 4354, § 2, 3-29-04; Ord. No. 4385, § 6, 2-14-05; Ord. No. 4398, § 9, 1-9-06; Ord. No. 4433, § 3, 1-9-06; Ord. No. 4499, § 2, 1-28-08; Ord. No. 4531, § 3, 7-13-09; Ord. No. 4656, § 2, 3-28-16; Ord. No. 4676, § 5, 11-28-16)

Sec. 37-37. Lot size.

In an R-2A Zone, the minimum lot size shall be as follows:

(1) For a single-family dwelling, the minimum lot area shall be seven thousand five hundred (7,500) square feet, subject to sections 32-45(f)(1) and 36-103 of this code.

(2) For a two-family dwelling, the minimum lot area shall be ten thousand (10,000) square feet, and connection to a municipal sanitary sewer system must be provided.

(3) For a multifamily dwelling, the minimum lot area shall be ten thousand (10,000) square feet plus four thousand (4,000) square feet for each dwelling unit over two (2), and connection to a municipal sanitary sewer system must be provided.

(4) Lot width shall be a minimum of seventy (70) feet.

(5) Lot depth shall be a minimum of one hundred (100) feet.

(6) Two-family dwelling units constructed as a use permitted outright in this zone and constructed so as to share a common or adjoining side wall shall be allowed to legally split into two (2) minimum five thousand (5,000) square foot lots, provided the front and rear setbacks are in compliance with this chapter and the side yard opposite the zero lot line shall be a minimum of fifteen (15) feet. In no case shall the minimum width of the zero lot line lot be less than fifty (50) feet nor the depth less than eighty (80) feet. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4381, § 2, 1-24-05; Ord. No. 4499, § 2, 1-28-08; Ord. No. 4676, § 6, 11-28-16)

Sec. 37-38. Yards.

Except as provided in Article VIII, in an R-2A Zone the minimum yard requirements shall be as follows:

(1) A front yard shall be a minimum of twenty (20) feet or thirty-five (35) feet from the centerline of the street, whichever is greater.

(2) A side yard shall be a minimum of five (5) feet and the total of both side yards shall be a minimum of fifteen (15) feet, except that on corner lots the side yard on the street side shall be a minimum of fifteen (15) feet or thirty-five (35) feet from the centerline of the street, whichever is greater.

(3) A rear yard shall be a minimum of twenty (20) feet. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-39. Lot coverage.

In an R-2A Zone buildings shall not cover more than forty (40) percent of the lot. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-40. Height of buildings.

In an R-2A Zone, no building shall exceed a height of thirty-five (35) feet. (Ord. No. 4108, § 2, 8-15-94)

NORMAL HILL NORTH ZONE – NHN

Sec. 37-41. Normal Hill North Zone.

(Ord. No. 4589, § 1, 8-27-2012)

Editor’s note – Ord. No. 4216, § 1, adopted Aug. 10, 1998, repealed § 37-41, relative to signs permitted in the R-2A Zone, which derived from Ord. No. 4108, § 2, adopted Aug. 15, 1994.

Sec. 37-41.1. Normal Hill North Zone permitted uses.

USES BY RIGHT – NORMAL HILL NORTH ZONE

NORTH

Bed and breakfast facilities, subject to the special conditions of section 37-13.1 of this code

x

Church, subject to the special conditions of section 37-20.1 of this code

x

Class A manufactured home

x

Commercial uses legally established as of December 31, 2004, and which have maintained a valid business and occupation permit

x

Family day care (six (6) or fewer children), subject to the special conditions of section 37-13.1 of this code

x

Group day care (seven (7) to twelve (12) children), subject to the special conditions of section 37-13.1 of this code

x

Intensification, or expansion of commercial uses of ten (10) percent of the building area or more which were legally established and licensed for business and occupation

x

Multifamily dwelling not exceeding a total of six (6) dwelling units; provided, that it is a REMODEL of an existing single-family dwelling or two-family dwelling, does not expand the footprint of the existing building by more than ten (10) percent, and does not add a floor level to the existing building, except as a basement or unless it is within the existing roof line. The addition of dormers to accommodate an attic conversion to habitable space shall be permitted.

x

Park, subject to the special conditions of section 37-20.1 of this code

x

School or preschool, subject to the special conditions of section 37-20.1 of this code

x

Semi-public use

x

Single-family dwelling

x

Two-family dwelling

x

Zero lot line residential development

x

(Ord. No. 4589, § 1, 8-27-2012; Ord. No. 4656, § 3, 3-28-16; Ord. No. 4676, § 8, 11-28-16)

Sec. 37-41.2. Normal Hill North Zone conditional uses.

CONDITIONAL USES NORMAL HILL NORTH ZONE 

NORTH

Alternative telecommunications towers not to exceed seventy (70) feet in height, and shall comply with standards of section 37-163 of this code

x

Day-care center (thirteen (13) or more children), subject to the special conditions of section 37-20.1 of this code

x

Dormitory, subject to the special conditions of section 37-44.1 of this code

x

Hospital

x

Intermediate-term care facility, subject to the special conditions of section 37-44.1 of this code

x

Long-term care facility, subject to the special conditions of section 37-44.1 of this code

x

Multifamily dwelling not meeting the requirements of a multifamily dwelling permitted by right in this zone and subject to the standards of section 37-124.1 of this code

x

Public use

x

Re-establishment of a commercial use which was legally established but where the business and occupation license has lapsed and no use of lesser intensity has been established for a period exceeding twelve (12) consecutive months

x

(Ord. No. 4589, § 1, 8-27-2012; Ord. No. 4656, § 4, 3-28-16; Ord. No. 4676, § 9, 11-28-16)

Sec. 37-41.3. Maximum building height.

The maximum building height will be thirty-five (35) feet. (Ord. No. 4589, § 1, 8-27-2012)

Sec. 37-41.4. Minimum setbacks.

(a) Minimum setbacks – Main building.

(1) Front. Twenty (20) feet from the property line, or thirty (30) feet from face of street curb or, if no curb, edge of asphalt, or the average of that of the other lots on the same side of the street of the block, whichever is less, but in no case less than five (5) feet to the property line;

(2) Rear. Twenty (20) feet, or twenty (20) percent of the depth of the lot, whichever is less, but not less than five (5) feet, or three (3) feet if abutting an alley;

(3) Interior sides. Twelve (12) feet combined with no side less than five (5) feet, except eight (8) feet combined if abutting an alley with three (3) feet on the alley side and five (5) feet on any other interior side;

(4) Street sides. Ten (10) feet or twenty-five (25) feet from face of street curb or if no curb, edge of asphalt, or the average of that of the other lots on the same side of the street of the block, whichever is less, but in no case less than five (5) feet to the property line. (Ord. No. 4589, § 1, 8-27-2012)

Sec. 37-41.5. Minimum lot area.

(a) For a single-family dwelling, the minimum lot area shall be three thousand two hundred (3,200) square feet.

(b) For a two-family dwelling, the minimum lot area shall be six thousand four hundred (6,400) square feet.

(c) For a multifamily dwelling, the minimum lot area shall be six thousand four hundred (6,400) square feet plus an additional two thousand five hundred (2,500) square feet for each dwelling unit over two (2). (Ord. No. 4589, § 1, 8-27-2012; Ord. No. 4676, § 10, 11-28-16)

Sec. 37-41.6. Minimum lot width.

Forty (40) feet if abutting an alley on either the side or the rear of the lot; sixty (60) feet if not abutting an alley on either the side or the rear of the lot. (Ord. No. 4589, § 1, 8-27-2012)

Sec. 37-41.7. Minimum lot depth.

Sixty (60) feet if abutting an alley on either the side or the rear of the lot; eighty (80) feet if not abutting an alley on either the side or the rear of the lot. (Ord. No. 4589, § 1, 8-27-2012)

Sec. 37-41.8. Subdivisions.

Any subdivision of land requiring platting pursuant to Chapter 32 of this code and not being done simply to separate two (2) existing primary uses shall require public hearing and notice as set forth in Sections 67-6509 and 67-6512, Idaho Code. Approval or denial of any such subdivision application shall be based upon compliance with the intents, purposes and standards of this chapter, those of Chapter 32 of this code, with the city of Lewiston comprehensive plan and shall be reasoned in accordance with Section 67-6536, Idaho Code. (Ord. No. 4589, § 1, 8-27-2012)

Sec. 37-41.9. Maximum lot coverage.

Sixty (60) percent, including all structures on the lot. (Ord. No. 4589, § 1, 8-27-2012)

Sec. 37-41.10. Accessory buildings.

(a) Attached and detached buildings accessory to a single-family or two-family dwelling shall be subject to the following, notwithstanding the provisions of section 37-131 of this code:

(1) Minimum setbacks. Such building shall be subject to the same requirements as the dwelling, except that detached accessory buildings may be located five (5) feet from a rear lot line or three (3) feet where the rear lot line abuts an alley, subject to the related building height provisions set forth in subsection (a)(4) of this section, and five (5) feet from an interior side lot line or three (3) feet where the side lot line abuts an alley, subject to the related building height provisions set forth in subsection (a)(4) of this section.

(2) Detached accessory buildings shall not be in front of or project beyond the front wall of the dwelling, unless:

a. The lot is less than fifty (50) feet in width and there is no abutting alley; or fifty (50) percent of the dwelling is constructed within the rear half of the depth of the lot and there is no abutting alley.

b. The detached accessory building is on the street side of a corner lot and it meets the minimum required street side yard setback and does not project beyond the front wall of the dwelling on the front yard side.

(3) The footprint of any one (1) detached accessory building shall not exceed one hundred (100) percent of the footprint of the dwelling, including any attached garage, carport, or patio cover; or sixty (60) percent of the habitable gross floor area of the dwelling; or seven hundred twenty (720) square feet, whichever is greater, but in no case greater than one thousand four hundred forty (1,440) square feet.

(4) Detached accessory buildings that encroach into the minimum rear yard setback required for the dwelling shall be limited to sixteen (16) feet in height, unless the minimum five-foot rear yard setback required in subsection (a)(1) of this section is increased at a ratio of two (2) to one (1) for building height in excess of sixteen (16) feet; and provided, that in no case shall the building height exceed eighteen (18) feet, except for a second floor accessory apartment constructed pursuant to section 37-41.11 of this code.

(b) Attached and detached buildings accessory to a use other than a single-family or two-family dwelling shall comply with the height and setback standards required for the primary use building. (Ord. No. 4589, § 1, 8-27-2012; Ord. No. 4672, § 4, 12-13-16)

Sec. 37-41.11. Accessory apartments.

An accessory apartment, detached from a single-family dwelling, may be constructed on any lot of at least five thousand (5,000) square feet and containing only one (1) lawful single-family dwelling, provided the following:

(1) Notwithstanding the size limitations for detached accessory buildings, as set forth in section 37-41.10(3) of this code, an accessory apartment shall not exceed six hundred (600) square feet or thirty (30) percent of the habitable floor area of the dwelling, whichever is greater, but never greater than nine hundred (900) square feet;

(2) An accessory apartment shall not contain more than two (2) bedrooms;

(3) An accessory apartment shall provide a minimum of one (1) off-street parking space per bedroom;

(4) An accessory apartment shall meet the minimum required front, interior side, and street side setbacks for the dwelling;

(5) An accessory apartment shall not be located in front of or project beyond the front wall of the dwelling, unless:

a. The lot is less than fifty (50) feet in width and there is no abutting alley; or fifty (50) percent of the dwelling is constructed within the rear half of the depth of the lot and there is no abutting alley; or

b. It is on the street side of a corner lot and it meets the minimum required street side yard setback and does not project beyond the front wall of the dwelling on the front yard side;

(6) An accessory apartment shall maintain a minimum of ten (10) feet from the rear property line, or three (3) feet if abutting a rear alley;

(7) The building height of an accessory apartment shall not exceed eighteen (18) feet if a single story or twenty-eight (28) feet if a second story. (Ord. No. 4589, § 1, 8-27-2012; Ord. No. 4672, § 5, 12-13-16)

Sec. 37-41.12. Minimum off-street parking.

Notwithstanding the provisions of section 37-149 of this code:

(1) One-half (0.50) of any public on-street parking located directly adjacent to the subject lot may be counted toward the required off-street parking.

(2) For uses requiring more than four (4) parking spaces, twenty-five (25) percent of the parking may be for compact vehicles, if such parking stalls are dimensioned at no less than seven and one-half (7.5) feet by fifteen (15) feet with a twenty (20) feet minimum back-up space.

(3) Residential uses.

a. Zero (0) to one (1) bedroom unit: One (1) space per unit;

b. Greater than one (1) bedroom unit: Three-quarters (0.75) of a space per bedroom, rounded up to the nearest whole number;

c. Housing devoted to persons meeting the U.S. Department of Housing and Urban Development’s definition of “elderly”: one-half (0.50) space per bedroom, rounded up to the nearest whole number;

d. Any use other than residential described above: as determined by section 37-149 of this code. (Ord. No. 4589, § 1, 8-27-2012)

Sec. 37-41.13. Nonconforming structures.

(a) Nonconforming structures, if destroyed or removed, may be reconstructed in their same location to the same height, notwithstanding setback and building height requirements of this chapter and notwithstanding the provisions of section 37-168 of this code; provided, that they meet the requirements of the most recently adopted building and fire codes and the replacement has an approved building permit within twelve (12) months of the date of destruction or removal of the nonconforming structure.

(b) Nonconforming uses of structures or of structures and land in combination may be re-established by conditional use permit approval of the planning and zoning commission, notwithstanding the provisions of section 37-170 of this code. (Ord. No. 4589, § 1, 8-27-2012; Ord. No. 4656, § 6, 3-28-16)

Editor’s note – Ord. No. 4656, § 5, adopted March 28, 2016, repealed § 37-41.13, relative to multifamily residential use in the Normal Hill North Zone, which derived from Ord. No. 4589, § 1, adopted Aug. 27, 2012.

NORMAL HILL SOUTH ZONE – NHS

Sec. 37-41A. Normal Hill South Zone.

(Ord. No. 4589, § 2, 8-27-2012)

Sec. 37-41A.1. Uses permitted by right.

USES BY RIGHT NORMAL HILL SOUTH ZONE 

SOUTH

Church, subject to the special conditions of section 37-20.1 of this code

x

Class A manufactured home

x

Commercial uses legally established as of December 31, 2004, and which have maintained a valid business and occupation permit

x

Family day care (six (6) or fewer children), subject to the special conditions of section 37-13.1 of this code

x

Intensification, or expansion of commercial uses of ten (10) percent of the building area or more which were legally established and licensed for business and occupation

x

Park, subject to the special conditions of section 37-20.1 of this code

x

School or preschool, subject to the special conditions of section 37-20.1 of this code

x

Single-family dwelling

x

Two-family dwelling

x

(Ord. No. 4589, § 2, 8-27-2012)

Sec. 37-41A.2. Conditional uses.

CONDITIONAL USES NORMAL HILL SOUTH ZONE 

SOUTH

Alternative telecommunications towers not to exceed seventy (70) feet in height, and shall comply with standards of section 37-163 of this code

x

Bed and breakfast facilities, subject to the special conditions of section 37-13.1 of this code

x

Day care center (thirteen (13) or more children), subject to the special conditions of section 37-20.1 of this code

x

Dormitory, subject to the special conditions of section 37-44.1 of this code

x

Group day care (seven (7) to twelve (12) children), subject to the special conditions of section 37-13.1 of this code

x

Hospital

x

Intermediate-term care facility, subject to the special conditions of section 37-44.1 of this code

x

Long-term care facility, subject to the special conditions of section 37-44.1 of this code

x

Multifamily dwelling meeting the standards of section 37-124.1 of this code

x

Public use

x

Re-establishment of a commercial use which was legally established but where the business and occupation license has lapsed and no use of lesser intensity has been established for a period exceeding twelve (12) consecutive months

x

Semi-public use

x

Zero lot line residential development

x

(Ord. No. 4589, § 2, 8-27-2012; Ord. No. 4656, § 7, 3-28-16; Ord. No. 4676, § 12, 11-28-16)

Sec. 37-41A.3. Maximum building height.

The maximum building height will be thirty-five (35) feet. (Ord. No. 4589, § 2, 8-27-2012)

Sec. 37-41A.4. Minimum setbacks.

(a) Minimum setbacks – Main building.

(1) Front. Twenty (20) feet from the property line, or thirty (30) feet from face of street curb or, if no curb, edge of asphalt, or the average of that of the other lots on the same side of the street of the block, whichever is less, but in no case less than five (5) feet to the property line;

(2) Rear. Twenty (20) feet or twenty (20) percent of the depth of the lot, whichever is less, but not less than five (5) feet, or three (3) feet if abutting an alley;

(3) Interior sides. Twelve (12) feet combined with no side less than five (5) feet, except eight (8) feet combined if abutting an alley with three (3) feet on the alley side and five (5) feet on any other interior side;

(4) Street sides. Ten (10) feet or twenty-five (25) feet from face of street curb or if no curb, edge of asphalt, or the average of that of the other lots on the same side of the street of the block, whichever is less, but in no case less than five (5) feet to the property line. (Ord. No. 4589, § 2, 8-27-2012)

Sec. 37-41A.5. Minimum lot area.

(a) For a single-family dwelling, the minimum lot area shall be three thousand two hundred (3,200) square feet.

(b) For a two-family dwelling, the minimum lot area shall be six thousand four hundred (6,400) square feet.

(c) For a multifamily dwelling, the minimum lot area shall six thousand four hundred (6,400) square feet plus an additional three thousand (3,000) square feet for each dwelling unit over two (2). (Ord. No. 4589, § 2, 8-27-2012; Ord. No. 4676, § 13, 11-28-16)

Sec. 37-41A.6. Minimum lot width.

Forty (40) feet if abutting an alley on either the side or the rear of the lot; sixty (60) feet if not abutting an alley on either the side or the rear of the lot. (Ord. No. 4589, § 2, 8-27-2012)

Sec. 37-41A.7. Minimum lot depth.

Sixty (60) feet if abutting an alley on either the side or the rear of the lot; eighty (80) feet if not abutting an alley on either the side or the rear of the lot. (Ord. No. 4589, § 2, 8-27-2012)

Sec. 37-41A.8. Subdivisions.

Any subdivision of land requiring platting pursuant to Chapter 32 of this code and not being done simply to separate two (2) existing primary uses shall require public hearing and notice as set forth in Sections 67-6509 and 67-6512, Idaho Code. Approval or denial of any such subdivision application shall be based upon compliance with the intents, purposes and standards of this chapter, those of Chapter 32 of this code, with the city of Lewiston comprehensive plan and shall be reasoned in accordance with Section 67-6536, Idaho Code. (Ord. No. 4589, § 2, 8-27-2012)

Sec. 37-41A.9. Maximum lot coverage.

Sixty (60) percent, including all structures on the lot. (Ord. No. 4589, § 2, 8-27-2012)

Sec. 37-41A.10. Accessory buildings.

(a) Attached garages and detached buildings accessory to a single-family or two-family dwelling shall be subject to the following, notwithstanding the provisions of section 37-131 of this code:

(1) Minimum setbacks. Such building shall be subject to the same requirements as the dwelling, except that detached accessory buildings may be located five (5) feet from a rear lot line or three (3) feet where the rear lot line abuts an alley, subject to the related building height provisions set forth in subsection (a)(4) of this section, and five (5) feet from an interior side lot or three (3) feet where the side lot line abuts an alley, subject to the related building height provisions set forth in subsection (a)(4) of this section.

(2) Detached accessory buildings shall not be in front of or project beyond the front wall of the dwelling, unless:

a. The lot is less than fifty (50) feet in width and there is no abutting alley; or fifty (50) percent of the dwelling is constructed within the rear half of the depth of the lot and there is no abutting alley.

b. The detached accessory building is on the street side of a corner lot and it meets the minimum required street side yard setback and does not project beyond the front wall of the dwelling on the front yard side.

(3) The footprint of any one (1) detached accessory building shall not exceed one hundred (100) percent of the footprint of the dwelling, including any attached garage, carport, or patio cover; or sixty (60) percent of the habitable gross floor area of the dwelling; or seven hundred twenty (720) square feet, whichever is greater, but in no case greater than one thousand four hundred forty (1,440) square feet.

(4) Detached accessory buildings that encroach into the minimum rear yard setback required for the dwelling shall be limited to sixteen (16) feet in height, unless the minimum five-foot rear yard setback required in subsection (a)(1) of this section is increased at a ratio of two (2) to one (1) for building height in excess of sixteen (16) feet; and provided, that in no case shall the building height exceed eighteen (18) feet, except for a second story accessory apartment constructed pursuant to section 37-41A.11 of this code.

(b) Attached and detached buildings accessory to a use other than a single-family or two-family dwelling shall comply with the height and setback standards required for the primary use building. (Ord. No. 4589, § 2, 8-27-2012; Ord. No. 4672, § 6, 12-13-16)

Sec. 37-41A.11. Accessory apartments.

An accessory apartment, detached from a single-family dwelling, may be constructed on any lot of at least five thousand (5,000) square feet and containing only one (1) lawful single-family dwelling, provided the following:

(1) Notwithstanding the size limitations for detached accessory buildings, as set forth in section 37-41A.10(3) of this code, an accessory apartment shall not exceed six hundred (600) square feet or thirty (30) percent of the habitable floor area of the dwelling, whichever is greater, but never greater than nine hundred (900) square feet;

(2) An accessory apartment shall not contain more than two (2) bedrooms;

(3) An accessory apartment shall provide a minimum of one (1) off-street parking space per bedroom;

(4) An accessory apartment shall meet the minimum required front, interior side, and street side setbacks for the dwelling;

(5) An accessory apartment shall not be located in front of or project beyond the front wall of the dwelling, unless:

a. The lot is less than fifty (50) feet in width and there is no abutting alley; or fifty (50) percent of the dwelling is constructed within the rear half of the depth of the lot and there is no abutting alley; or

b. It is on the street side of a corner lot and it meets the minimum required street side yard setback and does not project beyond the front wall of the dwelling on the front yard side;

(6) An accessory apartment shall maintain a minimum of ten (10) feet from the rear property line, or three (3) feet if abutting a rear alley;

(7) The building height of an accessory apartment shall not exceed eighteen (18) feet if a single story or twenty-eight (28) feet if a second story. (Ord. No. 4589, § 2, 8-27-2012; Ord. No. 4672, § 7, 12-13-16)

Sec. 37-41A.12. Minimum off-street parking.

Notwithstanding the provisions of section 37-149 of this code:

(1) One-half (0.50) of any public on-street parking located directly adjacent to the subject lot may be counted toward the required off-street parking.

(2) For uses requiring more than four (4) parking spaces, twenty-five (25) percent of the parking may be for compact vehicles, if such parking stalls are dimensioned at no less than seven and one-half (7.5) feet by fifteen (15) feet with a twenty (20) foot minimum back-up space.

(3) Residential uses.

a. Zero (0) to one (1) bedroom unit: one (1) space per unit;

b. Greater than one (1) bedroom unit: three-quarters (0.75) of a space per bedroom, rounded up to the nearest whole number;

c. Housing devoted to persons meeting the U.S. Department of Housing and Urban Development’s definition of “elderly”: one-half (0.50) space per bedroom, rounded up to the nearest whole number;

(4) Any use other than residential described above: as determined by section 37-149 of this code. (Ord. No. 4589, § 2, 8-27-2012)

Sec. 37-41A.13. Nonconforming structures.

(a) Nonconforming structures, if destroyed or removed, may be reconstructed in their same location to the same height, notwithstanding setback and building height requirements of this chapter and notwithstanding the provisions of section 37-168 of this code; provided, that they meet the requirements of the most recently adopted building and fire codes and the replacement has an approved building permit within twelve (12) months of the date of destruction or removal of the nonconforming structure.

(b) Nonconforming uses of structures or of structures and land in combination may be re-established by conditional use permit approval of the planning and zoning commission, notwithstanding the provisions of section 37-170 of this code. (Ord. No. 4589, § 2, 8-27-2012; Ord. No. 4656, § 9, 3-28-16)

Editor’s note – Ord. No. 4656, § 8, adopted March 28, 2016, repealed § 37-41A.13, relative to multifamily residential use in the Normal Hill South Zone, which derived from Ord. No. 4589, § 2, adopted Aug. 27, 2012.

NORMAL HILL HERITAGE OVERLAY ZONE – NHHO

Sec. 37-41B. Normal Hill Heritage Overlay (NHHO) Zone.

(Ord. No. 4669, § 1, 11-28-16)

Sec. 37-41B.1. Intent.

(a) Normal Hill has a very long and important history, as is recognized in the Lewiston Comprehensive Plan and in general by the community at large. The historic nature of the construction, the development pattern, and many of the sites and buildings in the NHHO Zoning District contribute to the historic significance and character of the neighborhood. This neighborhood adds to the attractiveness, desirability, and economy of the city of Lewiston.

(b) It is the intent of this section to preserve and enhance these benefits, encourage investment, improve properties, and increase property values in the neighborhood. It is not the intent of these provisions to deter property owners from maintaining, improving, or upgrading their buildings. Construction and maintenance work subject to this section shall not be denied a certificate of appropriateness (COA) when such work is for replacement of inefficient or failing materials, fixtures, or systems with modernly designed and constructed replacements that duplicate, replicate, or result in substantial conformance with the visual appearance or integrity of a historically significant aspect of the building. (Ord. No. 4669, § 1, 11-28-16)

Sec. 37-41B.2. Applicability.

(a) The provisions of this section shall apply to exterior features visible from public rights-of-way, exclusive of alleys, of the following:

(1) Construction of a new building that requires a building permit.

(2) Reconstruction or improvement of a building where such work requires a building permit and is valued in excess of fifty (50) percent of the building value.

(3) Addition of more than one hundred twenty (120) square feet to an existing building, where a building permit is required.

(4) Work proposed that requires a building permit, whether construction, reconstruction, improvement, or an addition on a building:

a. Originally constructed prior to January 1, 1940; or

b. Located within one hundred (100) feet of a building that was constructed prior to January 1, 1940.

(b) No building permit for construction listed above shall be issued for a building located in the NHHO Zone unless the Lewiston Historic Preservation Commission (HPC) has issued a COA.

(c) The provisions of this section shall be applicable to property owners who are entities that may otherwise be exempt from city building permits. This section shall apply in addition to the provisions of the underlying zoning of properties in the Normal Hill Heritage Overlay Zone and in addition to other applicable provisions of the city of Lewiston zoning code. (Ord. No. 4669, § 1, 11-28-16)

Sec. 37-41B.3. Factors.

In accordance with section 37-41B.4 of this code and subject to section 37-41B.5 of this code, when considering applications for COAs, the HPC shall apply the following Secretary of Interior’s Standards for Rehabilitation (36 CFR Part 67, Historic Preservation Certifications):

(1) The historic character of a property shall be retained and preserved. The removal of historic materials or alterations of features and spaces that characterize a property should be avoided.

(2) Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

(3) Most properties change over time; those changes that have acquired historical significance in their own right shall be retained and preserved.

(4) Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

(5) Deteriorated historic features should be repaired rather than replaced. Where the severity of the deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by physical or pictorial documentary evidence.

(6) New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property, unless such work is for replacement of inefficient or failing materials, fixtures, or systems with modernly designed and constructed replacements that duplicate, replicate, or result in substantial conformance with the visual appearance or integrity of a historically significant aspect of the building. The new work should be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.

(7) New additions and adjacent or related new construction shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. (Ord. No. 4669, § 1, 11-28-16)

Sec. 37-41B.4. Administration.

Subject to section 37-41B.5 of this code:

(1) If an application is found to be consistent with factors in sections 37-41B.3(1), (4) and (6) of this code, then the HPC shall approve the application and issue a COA.

(2) If an application complies with two (2) factors of sections 37-41B.3(1), (4), and (6) of this code, then the application must also comply with at least three (3) of the remaining factors of sections 37-41B.3(2), (3), (5), and (7) of this code to be approved for a COA, unless otherwise justified by the HPC due to special circumstance(s).

(3) If an application complies with only one (1) factor of sections (1), (4), and (6), or none of them, then the HPC shall deny a COA unless and until the COA is reworked to meet the standards and requirements of this section.

(4) If an application is filed for a brand new structure that is visible from an adjacent city street, then the HPC shall approve a COA when the construction incorporates architectural features found on surrounding historic buildings, including building massing, window style, roof pitch, and siding materials. (Ord. No. 4669, § 1, 11-28-16)

Sec. 37-41B.5. Conditions and exceptions.

(a) The HPC may impose conditions of approval on a COA that are necessary to bring the work into compliance with section 37-41B.1 of this code (Intent).

(b) The HPC may make an exception to one or more of the factors of section 37-41B.3 of this code, provided such exception is justified by special findings, which shall be articulated and documented by the HPC and recorded in the HPC meeting minutes.

(c) The HPC may grant a COA for improvements, regardless of compliance with factors in section 37-41B.3(1) through (5) of this code, if the applicant demonstrates the following special circumstances:

(1) The proposed improvements are necessary for the continued maintenance, safety, or enhanced ingress and egress of the structure; or

(2) Compliance with this the provisions of this section would require expenditures for materials and other items required to obtain a COA that would exceed the costs that would be incurred without complying with the provisions of this section by twenty (20) percent or more.

(d) Emergency repairs may be performed without a COA; provided, that it can be proven to the satisfaction of the building official that such repairs were necessitated by an emergency, it was not practical to obtain a COA or building permit before commencement of the repairs, and a building permit is applied for on the following business day. “Emergency repairs” refer to those situations described as such in the International Building Code, International Existing Building Code, and the International Residential Code, as adopted by the city of Lewiston. (Ord. No. 4669, § 1, 11-28-16)

Sec. 37-41B.6. Procedure and decision.

(a) An applicant shall submit an application for a COA and supporting documentation to the Lewiston community development department. Documentation may include design drawings, project scope, materials, and other relevant documents to assist the HPC in reviewing the request for a COA.

(b) Community development staff shall review the applicant’s submission and include the request for a COA on the next meeting agenda of the HPC. Community development staff shall also include the applicant’s application for a COA and associated materials in the meeting packet to the HPC at least one (1) week prior to the HPC’s meeting.

(c) A quorum of the HPC shall review each application for a COA within fourteen (14) calendar days of receipt of the completed application by community development staff.

(d) If the HPC determines there is insufficient information to complete a full review of the application for a COA, then the HPC shall deny the application. The application for a COA may be submitted again with the additional information requested by the HPC. In such cases, community development staff shall write a file note and place it in the property file.

(e) If there is sufficient information to complete a full review of the application for a COA, then a community development staff member shall assist the applicant in presenting to the HPC such information as necessary for the HPC to make an informed decision based on the factors of section 37-41B.3 of this code.

(f) The HPC shall deny, approve, or approve with conditions an application for a COA within seven (7) calendar days of reviewing the application. Decisions of the HPC shall be recorded in the meeting minutes of the HPC and shall include specific findings of the HPC based upon sections 37-41B.1 (Intent), 37-41B.2 (Applicability), and 37-41B.3 (Factors) of this code. Failure by the HPC to render its decision within the time limits established herein shall constitute approval of the request for a COA.

(g) No building permit application subject to review under section 37-41B.2 of this code shall be issued without approval by the HPC of a COA, except as set forth in subsection (f) of this section. Community development staff shall verify compliance with any condition placed upon an approval of a COA by the HPC prior to issuance of a COA or a letter of completion, whichever is applicable.

(h) Any denial or condition of approval on a COA rendered by the HPC may be appealed by the applicant to the city council pursuant to section 19.5-21(9) of this code.

(i) Upon written request, the property owner may request a written takings analysis within twenty-eight (28) days after the city council’s decision, pursuant to the Idaho Regulatory Takings Act, Idaho Code Section 67-8001, et seq. Such request shall be submitted to the city clerk. (Ord. No. 4669, § 1, 11-28-16)

MEDIUM DENSITY RESIDENTIAL ZONE R-3

Sec. 37-42. R-3 Medium Density Residential Zone.

(a) Purpose: To provide land for the development of multifamily dwellings and to provide an orderly transition from more intensive, high density uses to less intensive, lower density uses. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 16, 10-25-99)

Sec. 37-43. Uses permitted outright.

In an R-3 Zone the following uses and their accessory uses are permitted outright subject to the provisions of Article IV:

(1) Bed and breakfast facilities, subject to the special conditions of section 37-13.1(1) of this code;

(2) Church, subject to the special conditions of section 37-20.1(2) of this code;

(3) Class A manufactured home;

(4) Commercial uses legally established as of December 31, 2004, and which have maintained a valid business and occupation permit;

(5) Family day care, subject to the special conditions of section 37-13.1(2) of this code;

(6) Intermediate term care facility, subject to the special conditions of section 37-44.1(1) of this code;

(7) Long-term care facility, subject to the special conditions of section 37-44.1(2) of this code;

(8) Mortuary, subject to the special conditions of section 37-20.1(1) of this code;

(9) Multifamily dwelling, meeting the standards of section 37-124.1 of this code;

(10) Park, subject to the special conditions of section 37-20.1(4) of this code;

(11) School, subject to the special conditions of section 37-20.1(3) of this code;

(12) Single-family dwelling;

(13) Two-family dwelling;

(14) Small lot development subject to the requirements of section 37-33, standards for small lot development. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4161, § 5, 7-1-96; Ord. No. 4249, § 17, 10-25-99; Ord. No. 4385, § 7, 2-14-05; Ord. No. 4386, § 2, 2-14-05; Ord. No. 4433, § 4, 1-9-06; Ord. No. 4499, § 2, 1-28-08; Ord. No. 4531, § 4, 7-13-09; Ord. No. 4656, § 10, 3-28-16; Ord. No. 4676, § 14, 11-28-16)

Sec. 37-44. Conditional uses permitted.

In an R-3 Zone the following uses and their accessory uses are permitted when authorized in accordance with the standards and requirements in Articles IV and IX:

(1) Alternative telecommunications towers not to exceed seventy (70) feet in height. Alternative telecommunications towers shall comply with standards of section 37-163(2) of this code;

(2) Day care center, subject to the special conditions of section 37-20.1(5) of this code;

(3) Dormitory, subject to the special conditions of section 37-44.1 of this code;

(4) Group day care, subject to the special conditions of section 37-13.1(3) of this code;

(5) Intensification, or expansion of commercial uses of ten (10) percent of the building area or more which were legally established and licensed for business and occupation;

(6) Noncommercial kennel, subject to the commercial kennel standards of section 37-163(15) of this code;

(7) Preschool, subject to the special conditions of section 37-20.1(6) of this code;

(8) Public use;

(9) Re-establishment of a commercial use which was legally established but where the business and occupation license has lapsed for a period not to exceed one (1) year;

(10) Replacement of a nonconforming residential use not located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to setback and yard requirements of the R-2 Zone;

(11) Semi-public use. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 18, 10-25-99; Ord. No. 4322, § 5, 12-9-02; Ord. No. 4328, § 2, 3-24-03; Ord. No. 4385, § 8, 2-14-05; Ord. No. 4386, § 3, 2-14-05; Ord. No. 4531, § 4, 7-13-09)

Sec. 37-44.1. Special conditions.

(1) Intermediate care facility.

(a) The size of the site is shown to be reasonable for the intended use.

(b) Access to the site meets all applicable ordinances.

(c) The surrounding property will not otherwise be adversely affected.

(2) Long-term care facility.

(a) The size of the site is shown to be reasonable for the intended use.

(b) Parking and access to the site meets all applicable ordinances.

(c) The surrounding property will not otherwise be adversely affected.

(3) Dormitory.

(a) Dormitories with twelve (12) occupants or more shall have on-site management.

(b) Buildings shall be designed with the following security measures:

1. Interior access to each room;

2. Controlled access beyond the lobby and to individual floors;

3. Manager’s name and contact information posted in clear view in the lobby.

(c) Dumpsters shall be located inside the building or placed no closer than fifteen (15) feet from any property line adjacent to residentially zoned property. (Ord. No. 4249, § 19, 10-25-99; Ord. No. 4386, § 6, 2-14-05)

Sec. 37-45. Lot size.

In an R-3 Zone, the minimum lot size shall be as follows:

(1) Lot area shall be a minimum of six thousand (6,000) square feet plus an additional two thousand five hundred (2,500) square feet for each dwelling unit over one (1).

(2) Lot width shall be a minimum of sixty (60) feet.

(3) Lot depth shall be a minimum of eighty (80) feet. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4499, § 2, 1-28-08; Ord. No. 4531, § 4, 7-13-09; Ord. No. 4676, § 15, 11-28-16)

Sec. 37-46. Yards.

Except as provided in Article VIII, in an R-3 Zone minimum yard requirements shall be as follows:

(1) A front yard shall be a minimum of twenty (20) feet or thirty-five (35) feet from the centerline of the street, whichever is greater.

(2) A side yard shall be a minimum of five (5) feet and the total of both side yards shall be a minimum of fifteen (15) feet, except that on corner lots the side yard on the street side shall be a minimum of fifteen (15) feet from the property line or thirty-five (35) feet from the centerline of the street, whichever is greater.

(3) A rear yard shall be a minimum of twenty (20) feet.

(4) Side and rear yards shall be increased by one (1) foot for each foot by which a building exceeds a height of thirty-five (35) feet. A front yard shall be increased by one (1) foot for each two (2) feet by which a building exceeds thirty-five (35) feet.

(5) Two-family dwelling units constructed as a use permitted outright in this zone and constructed so as to share a common or adjoining side wall shall be allowed to legally split into two (2) minimum five thousand (5,000) square foot lots, provided the front and rear setbacks are in compliance with this chapter and the side yard opposite the zero lot line shall be a minimum of fifteen (15) feet. In no case shall the minimum width of the zero lot line lot be less than fifty (50) feet nor the depth less than eighty (80) feet. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4676, § 16, 11-28-16)

Sec. 37-47. Lot coverage.

In an R-3 Zone, buildings shall not cover more than fifty (50) percent of the lot. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4676, § 17, 11-28-16)

Sec. 37-48. Height of buildings.

In an R-3 Zone, no building shall exceed a height of forty-five (45) feet. (Ord. No. 4108, § 2, 8-15-94)

37-49

Reserved.

Editor’s note – Ord. No. 4216, § 1, adopted Aug. 10, 1998, repealed § 37-49, relative to signs permitted in the R-3 Zone, which derived from Ord. No. 4108, § 2, adopted Aug. 15, 1994.

HIGHER DENSITY RESIDENTIAL ZONE R-4

Sec. 37-50. R-4 Higher Density Residential Zone.

(a) Purpose: To accommodate a compatible mixture of residential uses in proximity to major community facilities, employers, arterials and commercial developments. Such uses generally serve as transition or buffer zones between major arterials or more intensively developed areas and residential districts. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 20, 10-25-99)

Sec. 37-51. Uses permitted outright.

In an R-4 Zone the following uses and their accessory uses are permitted outright subject to the provisions of Article IV:

(1) Bed and breakfast facilities, subject to the special conditions of section 37-13.1(1) of this code;

(2) Church, subject to the special conditions of section 37-20.1(2) of this code;

(3) Class A manufactured home;

(4) Commercial uses legally established as of December 31, 2004, and which have maintained a valid business and occupation permit;

(5) Family day care, subject to the special conditions of section 37-13.1(2) of this code;

(6) Hospital;

(7) Intermediate care facility, subject to the special conditions of section 37-44.1(1) of this code;

(8) Long-term care facility, subject to the special conditions of section 37-44.1(2) of this code;

(9) Mortuary, subject to the special conditions of section 37-20.1(1) of this code;

(10) Multifamily dwelling, meeting the standards of section 37-124.1 of this code;

(11) School, subject to the special conditions of section 37-20.1(3) of this code;

(12) Single-family dwelling;

(13) Two-family dwelling;

(14) Small lot development subject to the requirements of section 37-33 of this code, standards for small lot development. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4161, § 6, 7-1-96; Ord. No. 4249, § 21, 10-25-99; Ord. No. 4385, § 9, 2-14-05; Ord. No. 4386, § 4, 2-14-05; Ord. No. 4433, § 5, 1-9-06; Ord. No. 4499, § 2, 1-28-08; Ord. No. 4676, § 18, 11-28-16)

Sec. 37-52. Conditional uses permitted.

In an R-4 Zone, the following uses and their accessory uses are permitted when authorized in accordance with the standards and requirements in Articles IV and IX:

(1) Alternative telecommunications towers not to exceed seventy (70) feet in height. Alternative telecommunications towers shall comply with standards of section 37-163(2) of this code;

(2) Day care center, subject to the special conditions of section 37-20.1(5) of this code;

(3) Dormitory, subject to the special conditions of section 37-44.1 of this code;

(4) Group day care, subject to the special conditions of section 37-13.1(3) of this code;

(5) Intensification, or expansion of commercial uses of ten (10) percent of the building area or more which were legally established and licensed for business and occupation;

(6) Noncommercial kennel, subject to the commercial kennel standards of section 37-163(15) of this code;

(7) Preschool, subject to the special conditions of section 37-20.1(6) of this code;

(8) Public use;

(9) Re-establishment of a commercial use which was legally established but where the business and occupation license has lapsed for a period not to exceed one (1) year;

(10) Replacement of a nonconforming residential use not located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to setback and yard requirements of the R-2 Zone;

(11) Semi-public use. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 22, 10-25-99; Ord. No. 4322, § 5, 12-9-02; Ord. No. 4328, § 2, 3-24-03; Ord. No. 4385, § 10, 2-14-05; Ord. No. 4386, § 5, 2-14-05; Ord. No. 4531, § 5, 7-13-09)

Sec. 37-53. Lot size.

In an R-4 Zone, the minimum lot size shall be as follows:

(1) Lot area shall be a minimum of five thousand (5,000) square feet plus an additional one thousand six hundred (1, 600) square feet per dwelling unit over one (1).

(2) Lot width shall be a minimum of fifty (50) feet.

(3) Lot depth shall be a minimum of eighty (80) feet. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4499, § 2, 1-28-08; Ord. No. 4531, § 5, 7-13-09; Ord. No. 4676, § 19, 11-28-16)

Sec. 37-54. Yards.

Except as provided in Article VIII, in an R-4 Zone minimum yard requirements shall be as follows:

(1) A front yard shall be a minimum of twenty (20) feet or thirty-five (35) feet from the centerline of the street, whichever is greater.

(2) A side yard shall be a minimum of five (5) feet and the total of both side yards shall be a minimum of fifteen (15) feet, except that on corner lots the side yard on the street side shall be a minimum of fifteen (15) feet from the property line or thirty-five (35) feet from the centerline of the street, whichever is greater.

(3) A rear yard shall be a minimum of twenty (20) feet.

(4) Side and rear yards shall be increased by one (1) foot for each foot by which a building exceeds a height of thirty-five (35) feet. A front yard shall be increased by one (1) foot for each two (2) feet by which a building exceeds thirty-five (35) feet.

(5) Two-family dwelling units constructed as a use permitted outright in this zone and constructed so as to share a common or adjoining side wall shall be allowed to legally split into two (2) minimum five thousand (5,000) square foot lots, provided the front and rear setbacks are in compliance with this chapter and the side yard opposite the zero lot line shall be a minimum of fifteen (15) feet. In no case shall the minimum width of the zero lot line lot be less than fifty (50) feet nor the depth less than eighty (80) feet. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4676, § 20, 11-28-16)

Sec. 37-55. Lot coverage.

In an R-4 Zone, buildings shall not cover more than fifty (50) percent of the lot. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4676, § 21, 11-28-16)

Sec. 37-56. Height of buildings.

In an R-4 Zone no building shall exceed a height of sixty (60) feet. (Ord. No. 4108, § 2, 8-15-94)

37-57

Reserved.

Editor’s note – Ord. No. 4216, § 1, adopted Aug. 10, 1998, repealed § 37-57, relative to signs permitted in the R-4 Zone, which derived from Ord. No. 4108, § 2, adopted Aug. 15, 1994.

NORTH LEWISTON MIXED USE DEVELOPMENT ZONE MXD-NL

Sec. 37-57.1. MXD-NL North Lewiston Mixed Use Development Zone.

(a) Purpose: To foster mixed use development of a variety of commercial, industrial and residential uses in North Lewiston, utilizing development standards to protect abutting uses. (Ord. No. 4283, § 3, 4-9-01)

Sec. 37-57.2. Uses permitted outright.

In the North Lewiston Mixed Use Development (MXD-NL) Zone, the following uses and their accessory uses are permitted when authorized in accordance with the provisions of Articles IV and IX:

(1) Auto, boat, truck, recreational vehicle rental, sales and service;

(2) Building supply outlet;

(3) Business or professional offices;

(4) Car wash;

(5) Class A manufactured home;

(6) Commercial or industrial laundry and dry cleaners;

(7) Concrete or concrete products manufacturing;

(8) Eating or drinking establishments;

(9) Financial institutions;

(10) Greenhouses and nurseries;

(11) Heavy equipment sales;

(12) Heavy equipment service subject to development standards;

(13) Hotels or motels;

(14) Industrial parks;

(15) Keeping of livestock on lots where the predominant use on the property is residential, subject to the standards of sections 37-195 through 37-199 of this code;

(16) Manufactured home parks subject to the standards of Chapter 23 of this code with a minimum of two (2) acres and a maximum density of 8.7 units per acre;

(17) Manufacturing, processing, assembly and distribution, except a use specifically listed as a conditional use in an M-1, M-2 or P Zone, subject to development standards;

(18) Office parks;

(19) Personal services;

(20) Public uses;

(21) Recreational vehicle park, subject to the standards of Chapter 23 of this code;

(22) Retail sales and service;

(23) Single-family, two-family, or multifamily residential, subject to the lot size requirements of the R-4 Higher Density Residential Zone;

(24) Telecommunications facilities;

(25) Truck terminals;

(26) Veterinary clinic or kennel;

(27) Warehousing and mini-storage, subject to development standards. (Ord. No. 4283, § 3, 4-9-01; Ord. No. 4398, § 10, 1-9-06; Ord. No. 4676, § 22, 11-28-16; Ord. No. 4685, § 1, 7-10-17)

Sec. 37-57.3. Conditional uses permitted.

In the MXD-NL Zone, the following uses and their accessory uses are permitted when authorized in accordance with the standards and requirements of Articles IV and IX:

(1) Semi-public use;

(2) Wholesale distribution;

(3) Wood processing plant;

(4) Manufactured home park, subject to the requirements of Chapter 23 of this code with a density greater than 8.7 units per acre. (Ord. No. 4283, § 3, 4-9-01; Ord. No. 4398, § 11, 1-9-06)

Sec. 37-57.4. Prohibited uses.

Because of the mixed use nature of this zone, certain uses are expressly prohibited due their potential negative impact on surrounding land uses. These uses include:

(1) Asphalt plant;

(2) Meatpacking;

(3) Feed lot or stockyard;

(4) All salvage and recycling operations except when incidental to a use permitted outright;

(5) Solid waste handling facilities;

(6) Rendering plants;

(7) Junk yards, salvage yards or auto wrecking yards. (Ord. No. 4283, § 3, 4-9-01)

Sec. 37-57.5. Lot size.

In the MXD-NL Zone, the minimum lot size shall be as follows:

(1) A recreational vehicle park shall comply with the minimum lot size set forth in Chapter 23 of this code.

(2) A residential use shall meet the minimum lot size for an R-4 Higher Density Residential Zone, as set forth in section 37-53 of this code. If a lot is in residential use, or the aggregate of such contiguous lots or parcels platted prior to the time of the effective date of the ordinance codified in section 37-57.1 et seq. of this code are in residential use and do not meet the requirements of said R-4 Higher Density Residential Zone, then such residential use shall be limited to a single-family residential use.

(3) Other uses shall have no minimum lot size. (Ord. No. 4283, § 3, 4-9-01; Ord. No. 4685, § 2, 7-10-17)

Sec. 37-57.6. Height.

In the MXD-NL Zone, the maximum height of any structure shall not to exceed forty-five (45) feet. (Ord. No. 4283, § 3, 4-9-01)

Sec. 37-57.7. Yards.

Except as provided in Article VIII, in the MXD-NL Zone the minimum yard requirements shall be as follows:

(1) Residential uses shall comply with the setback standards established for R-4 Higher Density Residential Zone uses as set forth in section 37-54 of this code.

(2) Residential accessory buildings shall conform to the requirements of section 37-131 of this code.

(3) New or expanded nonresidential structures shall be set back a minimum of fifteen (15) feet from any property line abutting an established residential use.

(4) Vehicle, equipment and storage yards and customer or employee parking lots established after the effective date of the ordinance codified in section 37-57.1 et seq. of this code shall be set back a minimum of five (5) feet from any right-of-way line of a public street and a minimum of fifteen (15) feet from any property used for residential purpose. Such uses shall be screened from view by a screen in conformance with the standards itemized in section 37-87(3) of this code. The required setback from the public right of way for said vehicle, equipment, storage and parking lots shall be landscaped in accordance with standards set forth in section 37-153(b) of this code.

(5) No part of a required setback adjacent to an established residential use may be used for off-street parking or loading. (Ord. No. 4283, § 3, 4-9-01)

Sec. 37-57.8. Standards for development.

In the MXD-NL Zone, the standards for development shall be as follows:

(1) Heating, ventilating, air conditioning units, air compressors and similar mechanical equipment installed after the effective date of the ordinance codified in section 37-57.1 et seq. of this code shall be located and directed away from adjacent residential uses and those residential uses across a public right-of-way sixty (60) feet in width or less.

(2) Solid waste handling equipment including compactors and bulky waste disposal units installed after the effective date of the ordinance codified in section 37-57.1 et seq. of this code shall be placed a minimum of fifteen (15) feet from the property lines abutting established residential uses and those residential uses across a public right-of-way sixty (60) feet in width or less.

(3) Uses involving the service or repair of heavy equipment established after the effective date of the ordinance codified in section 37-57.1 et seq. of this code shall take place entirely within an enclosed structure; doors and access to said structure shall be oriented away from any adjacent established residential use.

(4) Use of loudspeakers and other amplified noise shall not be permitted between the hours of 7:00 p.m. and 7:00 a.m.

(5) All parking lot development within the North Lewiston Mixed Use Zone (MXD-NL) shall be subject to the standards as set forth in section 37-151(a) of this code for all parking lot and landscape standards.

(6) Loading docks constructed or established after the effective date of the ordinance codified in section 37-57.1 et seq. of this code shall be so located as to prevent headlights from shining onto adjacent existing residential units and shall be placed at least fifteen (15) feet from property lines abutting an established residential use.

(7) Any land graded for construction of any type, and not built upon within three (3) months of the date of initial clearing, shall be seeded with grasses to minimize dust generation and weed propagation; all such property shall be kept in conformance with Chapter 17 of this code.

(8) All construction sites shall be controlled to minimize dust generation during construction.

(9) The property owner or developer shall take appropriate measures to prevent mud and debris from being tracked onto public rights-of-way. (Ord. No. 4283, § 3, 4-9-01; Ord. No. 4531, § 6, 7-13-09)

Sec. 37-57.9. Limitations on use.

In the MXD-NL Zone, uses which cause excessive noise or dust, discernible odor at the property line, vibration or electrical disturbance are declared to be nuisances and are prohibited. (Ord. No. 4283, § 3, 4-9-01)

Sec. 37-57.10. Required screening/buffer yards.

(a) Intent of screening: Screening is intended to preserve the enjoyment of residential properties and to minimize disturbances to residents.

(b) Where screening is required: Visual screening shall be required between abutting uses as follows:

 

(1) When a new commercial use is established adjacent to an existing residential use;

(2) When a new industrial use is established adjacent to an existing residential use;

(3) When an existing commercial or industrial use constructs a new facility, including, but not limited to, loading docks, parking areas, indoor or outdoor storage facilities, or a building expansion or major remodeling of structures within fifty (50) feet of an established residential use.

(c) Approved methods to provide required screening:

(1) Fencing may be used if a minimum of eight (8) feet in height and provides a solid appearance to block the view of the property from adjacent existing residential uses, subject to the provisions of subsection (d) of this section.

(2) Evergreen vegetation may be used if it is a minimum of six (6) feet in height at the time of planting and is so spaced that it will provide a visual screen within five (5) years of planting, subject to the provisions of subsection (d) of this section.

(3) Medium shrubbery with an expected maximum height between three (3) feet to six (6) feet may be used in a visual screen only if combined with deciduous shade trees of at least one-and-one-half-inch caliper at time of planting and an expected total height of at least thirty (30) feet in fifteen (15) years.

(d) Extent of screening required:

(1) Required screening shall be contained in a planting strip with a minimum depth of ten (10) feet, located entirely on the property providing the screening and shall consist of screening vegetation or solid fencing or a combination of both and shall contain one (1) one-and-one-half-inch caliper deciduous tree or one (1) minimum six-foot high evergreen tree for at least every thirty-five (35) linear feet of required screening.

(2) All required landscaping shall be provided an automatic irrigation system.

(3) Prior to the issuance of a certificate of occupancy, the developer of the property shall provide an acceptable landscape maintenance plan documenting a minimum three-year maintenance schedule and replacement of required vegetation. (Ord. No. 4283, § 3, 4-9-01)

Sec. 37-57.11. Establishment of residential use.

Provisions of sections 37-57.7, 37-57.8 and 37-57.10 of this code, which require setbacks, screening or other standards between an nonresidential use and a residential use, shall apply only when the established use of property is clearly residential in nature as determined by the community development director. (Ord. No. 4283, § 3, 4-9-01)

LOCAL COMMERCIAL ZONE C-1

Sec. 37-58. Local Commercial Zone C-1.

(a) Purpose: To permit the establishment of convenience business uses while minimizing their impacts on nearby residential uses. Such zones shall be located along collector and arterial streets. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 23, 10-25-99)

Sec. 37-59. Uses permitted outright.

In a C-1 Zone, the following uses and their accessory uses are permitted outright subject to the provisions of Article IV:

(1) Car wash, subject to the special conditions of section 37-60.1(1) of this code;

(2) Convenience food store;

(3) Day care center, subject to the special conditions of section 37-20.1(5) of this code;

(4) Drugstore;

(5) Personal service uses;

(6) Preschool, subject to the special conditions of section 37-20.1(6) of this code;

(7) Professional offices;

(8) Public or governmental offices or semi-public uses which uses are similar to other uses permitted outright in this zone;

(9) Residential uses legally established as of December 31, 2004;

(10) Service station, subject to the special conditions of section 37-60.1(2) of this code;

(11) Telecommunications towers, subject to the standards of section 37-13.1(4) of this code;

(12) Alternative telecommunications towers, subject to the standards of section 37-163(2) of this code. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 24, 10-25-99; Ord. No. 4322, § 4, 12-9-02; Ord. No. 4390, § 1, 2-14-05)

Sec. 37-60. Conditional uses.

In a C-1 Zone, the following uses and their accessory uses are permitted when authorized in accordance with standards and requirements of Articles IV and IX:

(1) Public/semi-public use;

(2) Other neighborhood commercial services which are not permitted outright but which are consistent with the purpose of the C-1 Zone, and are not detrimental to any of the outright permitted uses or other existing conditional uses nor to nearby residential uses;

(3) Replacement of a nonconforming commercial use located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to standards of section 37-163(17) of this code;

(4) Replacement of a nonconforming residential use not located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to setback and yard requirements of the R-2 Zone;

(5) A nonconforming commercial use may expand to bring that use into compliance with the requirements of this chapter, Article VII, Off-Street Parking and Loading. Such nonconforming commercial use may expand onto a separate parcel containing a conforming use where that parcel is abutting the nonconforming use for purposes of parking only. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 25, 10-25-99; Ord. No. 4328, § 2, 3-24-03)

Sec. 37-60.1. Special conditions.

(1) Car wash.

(a) The size of the site is shown to be reasonable for the intended use.

(b) Parking and access to the site meets all applicable ordinances.

(c) Surrounding property will not otherwise be adversely affected.

(d) Any exterior lighting shall be directed or shrouded so as at not shine onto any adjacent properties.

(e) Requirements of Chapter 24, Article II of this code, Noise Control and Regulation, shall be met.

(f) If located adjacent to residential use property, a sight-obscuring fence, a minimum of six (6) feet in height or a landscape buffer with an eighty (80) percent opacity rating, shall be installed on the outer perimeter of the lot and extending the full distance of the residential adjacency.

(2) Service station.

(a) The size of the site is shown to be reasonable for the intended use.

(b) Parking and access to the site meets all applicable ordinances.

(c) The surrounding property will not otherwise be adversely affected.

(d) Any exterior lighting shall be directed or shrouded so as to not shine onto any adjacent properties.

(e) Requirements of Chapter 24, Article II of this code, Noise Control and Regulation shall be met.

(f) If located adjacent to residential use property, a sight-obscuring fence, a minimum of six (6) feet in height or a landscape buffer with an eighty (80) percent opacity rating, shall be installed on the outer perimeter of the lot and extending the full distance of the residential adjacency. (Ord. No. 4249, § 26, 10-25-99)

Sec. 37-61. Development standards.

In a C-1 Zone, the following development standards shall apply and be in force:

(1) Maximum combined building footprint of all uses shall not exceed a total square footage of four thousand (4,000) square feet.

(2) Maximum height for buildings: Thirty-five (35) feet.

(3) Maximum lot coverage: Fifty-five (55) percent.

(4) Minimum lot size: None.

(5) Minimum front yard: Twenty (20) feet (except as provided in Article VIII).

(6) Minimum side yard: None except twenty (20) feet when a property abuts a residential zone (except as provided for in Article VIII).

(7) Minimum rear yard: None except twenty (20) feet when a property abuts a residential zone (except as provided for in Article VIII).

(8) Signs: Signs shall be subject to the sign ordinance of the city.

(9) Off-street parking: Off-street parking is subject to the requirements provided in Article VII.

(10) Sidewalks: Portland cement concrete sidewalks shall be required in all commercial zones. See section 32-45(c) of this code. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-62. Development limitations.

In a C-1 Zone, the following limitations shall apply:

(1) In considering the plans for a proposed use, the zoning official shall consider the effect of the use on the surrounding residential property and may impose conditions which in his or her judgment are necessary to protect such property from any adverse effects of the proposed use. Such conditions may include but need not be limited to:

(a) Measures to reduce glare from roofs or siding into nearby residences.

(2) All activity in connection with a use permitted outright, other than off-street parking or off-street loading, shall be wholly within an enclosed building.

(3) Minimum screening: Side or rear yards abutting residential zones shall be screened by means of a sight-obscuring fence, approved landscaping materials or a combination thereof. Such required screening shall be installed prior to the issuance of an occupancy permit. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4382, § 1, 1-24-05; Ord. No. 4531, § 7, 7-13-09)

NORMAL HILL SPECIAL PLANNING AREA MIXED USE ZONE, NHMU

Sec. 37-62.1. NHMU, Normal Hill Special Planning Area Mixed Use Zone.

Purpose: To provide for a protection and expansion area for Lewis-Clark State College and Saint Joseph Regional Medical Center as intended by the related growth and impact area discussions in the Lewiston Comprehensive Plan; to guide the future development of these institutions in a manner that preserves the historic residential character of the larger, surrounding neighborhood; to allow a mix of land uses, including commercial uses consistent and compatible with these two institutions and offering limited commercial services to neighborhood residents; to create a vibrant, campus-like atmosphere for these two institutions; to promote a pedestrian friendly environment; to establish complementary land uses within close proximity to each other; to provide transition and buffering between the differing land uses and development styles that are associated with this institutional zone and neighboring zoning; to provide housing and services for these two institutions such that they may be as compact and self-sustaining as possible within their immediate campus areas. (Ord. No. 4562, § 1, 8-15-11)

Sec. 37-62.2. Uses permitted outright.

Within the NHMU Zone, the following uses and their accessory uses are permitted outright, subject to any and all other applicable provisions of this chapter:

(1) Accessory buildings.

a. Notwithstanding the provisions of section 37-131 of this code, a building accessory to a college or hospital use, when on property owned by a college or hospital, shall be permitted, even if it is the only building on the lot, subject to the provisions of sections 37-62.4(1), (2), (3), and (4)(b) of this code;

b. Notwithstanding the provisions of section 37-131 of this code, buildings accessory to any use permitted in this zone, other than a college, hospital, single-family residential, or two-family residential use, shall be permitted subject to the provisions of sections 37-62.4(1), (2), (3), and (4)(b) of this code;

c. Notwithstanding the provisions of section 37-131 of this code, buildings accessory to single-family and two-family dwellings shall be permitted subject to the provisions of sections 37-41.10 and 37-41.11 of this code;

(2) Arts and cultural centers and related and similar theaters and studios, including dance;

(3) Barber shops and hair and beauty salons;

(4) Bed and breakfasts;

(5) Colleges and adult schools affiliated with Lewis-Clark State College or Saint Joseph Regional Medical Center;

(6) Commercial uses legally established and which have maintained annually a valid city business license with no lapse greater than one (1) year;

(7) Copying, printing and mailing services;

(8) Day care facilities;

(9) Dormitories, fraternities and sororities;

(10) Hospitals and clinics, except veterinary clinics and veterinary hospitals;

(11) Repealed by Ord. 4676;

(12) Parking lots and parking garages, when in conjunction with and accessory to a new construction project;

(13) Professional offices providing medical services;

(14) Single-family, two-family, and multifamily residential. (Ord. No. 4562, § 1, 8-15-11; Ord. No. 4676, § 23, 11-28-16; Ord. No. 4672, § 8, 12-13-16)

Sec. 37-62.3. Uses permitted by conditional use permit.

Within the NHMU Zone the following uses and their accessory uses are permitted, subject to approval of a conditional use permit and any and all other applicable provisions of this chapter:

(1) Alternative telecommunications towers;

(2) Commercial uses not explicitly listed as uses permitted outright and which are determined to be consistent with the purpose of this zoning district;

(3) Parking lots and parking garages not associated with and accessory to a new construction project;

(4) Public uses;

(5) Restaurants or eating and drinking establishments not exceeding two thousand (2,000) square feet and not including drive-through service windows;

(6) Retail stores not exceeding three thousand (3,000) square feet, excluding furniture, flooring and building materials stores;

(7) Semi-public uses;

(8) Professional offices not providing a medical service. (Ord. No. 4562, § 1, 8-15-11)

Sec. 37-62.4. Development standards.

The following standards shall apply to all new construction and major remodels as defined in Chapter 31 of this code, Article I, Right-of-Way, in the NHMU Zoning District:

(1) Maximum building height: sixty-five (65) feet for college and hospital owned and operated buildings and uses; forty-five (45) feet for all other buildings; however:

a. For a lot directly abutting (does not includes lands separated by public street right-of-way) any other zone, the building height shall be limited to the maximum building height permitted in the adjacent zone; however;

b. If the proposed building setback from the property line common between the two (2) zones is increased by two (2) feet for each foot above the maximum building height permitted in the adjacent zone, the proposed building may exceed the maximum allowable height of the adjacent zone. For purposes of this provision, building height shall be measured at the required setback line. This shall be interpreted such that the building may be stepped or sloped upward away from the property line. If the use of the property in the adjacent zone is a public park, a cemetery, or similar open space, then the increased setback is not required.

(2) Maximum lot coverage: Sixty-five (65) percent.

(3) Minimum lot size: None, except that residential development shall be subject to the lot size requirements of the Higher Density Residential R-4 Zone.

(4) Minimum Yards.

a. Single-family and duplex residential: fifteen (15) feet from any front yard street right-of-way; fifteen (15) feet rear; five (5) feet sides, except that for a corner lot the street side yard shall be a minimum of ten (10) feet from the street right-of-way.

b. Any use other than single-family or duplex residential: ten (10) feet from any street right-of-way and five (5) feet from any other property line or fifteen (15) feet if that other property line directly abuts (not including across a street or alley) a single-family or duplex residential use.

(5) Open Space. Any use other than single-family or duplex residential shall provide a minimum of ten (10) percent of the lot area as improved open space, in addition to any landscape areas otherwise required by this chapter. Such improved open space may be for active or passive recreation or consist solely of landscaping that is above and beyond any minimum landscaping required by this chapter. Improvements, in addition to landscaping, may include, but not be limited to, items for public gathering, enjoyment, or resting, such as benches, tables, chairs, trellises, plazas, gardens, and sculptures.

(6) Parking. Required off-street parking shall be subject to the provisions of Article VII of this chapter; provided, that:

a. Fifty (50) percent of the on-street parking on the same side of the street(s) as the subject property and within the limits of the street frontage of the subject property shall be counted toward the minimum number of required off-street parking spaces. Any removal of or reduction in the number of subject on-street parking spaces caused by the city or by anyone other than the subject property owner after compliance with this provision has been established for a particular land use shall not be considered as causing the subject land use to be illegal or nonconforming.

b. For conversion of a single-family to a business which does not require more than four (4) parking stalls, the parking lot standards of Article VII of this chapter shall not apply, except for required parking for disabled persons.

c. For uses other than single-family and two-family residential and which require five (5) or more parking stalls, a maximum of fifty (50) percent of the required parking, not including the fifty (50) percent allowable on-street parking, may be provided between the building and the street. Where compliance with this provision cannot be met due to the subject property having multiple street frontages or where this provision is shown by the applicant to be unachievable, to impose undue hardship, or that it would provide no neighborhood benefit, this provision may be waived by mutual agreement of the community development and public works directors. However, the parking for which this provision is being waived shall be buffered from the street by double the width and number of plantings for perimeter parking lot landscaping required by section 37-153 of this code and that the interior parking lot landscaping provided be double the percentage of interior parking lot landscaping required by section 37-153 of this code.

d. A maximum of twenty-five (25) percent of the required off-street parking may be for compact vehicles (except for single-family dwellings), if such parking stalls are dimensioned at no less than fifteen (15) feet by seven and one-half (7.5) feet with a minimum twenty (20) foot back-up space.

e. Parking arrangements which include interior access between required parking for buildings and uses owned or leased by different parties and on separate, adjoining lots shall allow for a reduction of ten (10) percent of the required parking.

f. Joint use parking, except for single-family and two-family dwellings, established pursuant to the provisions of section 37-146(5) of this code shall allow for a reduction of thirty (30) percent of the required parking for the proposed use. Parking reduction allowed by this provision shall be ensured by a recorded agreement between the property owners and the city.

g. Bicycle parking racks shall be provided, except uses which require less than five (5) parking spaces, to accommodate the number of bicycles equivalent to a minimum of five (5) percent of the minimum required vehicular parking spaces, but shall be for not less than one (1) bicycle and not more than ten (10) bicycles. Such bicycle parking racks shall be located for the convenience of users but shall not interfere with any vehicular or pedestrian travel ways, shall not be located in the public right-of-way without an encroachment permit from the department of public works, and shall not be located within any required landscaping area or planting strip.

(7) Screening. Uses other than single-family and duplex residential which directly abut a single-family or duplex residential use shall provide either:

a. A minimum three-foot-wide landscape strip with one (1) shade tree (twenty-foot-tall minimum expected mature height with fifteen-foot-wide minimum canopy) or one (1) ornamental tree (any tree less than twenty (20) feet tall and having less than fifteen (15) feet of canopy at maturity) and four (4) shrubs every twenty-five (25) feet; or

b. A minimum six-foot-tall sight-obscuring fence or hedgerow with one (1) shade tree (twenty-foot-tall minimum expected mature height with fifteen-foot-wide minimum canopy) every thirty-five (35) feet.

c. Shrubbery shall not be required where there is sight-obscuring fencing or hedgerow.

d. These provisions may be satisfied or partially satisfied utilizing existing screening either on the site of the proposed development or on the neighboring property; provided, that such screening satisfy the intent and effect of this provision and is mutually agreed upon by the owners of the two (2) properties.

e. Plantings and fencing shall be maintained so as not to be a hazard to person or property.

f. The screening required by this section may be modified upon submission to the city of a signed and dated written agreement between the owners of the two (2) properties.

(8) Noise generating, mechanical and electrical equipment (including rooftop equipment but not including meters or panels) for all uses shall be enclosed, muffled, designed, installed, and/or located so as not to violate the provisions of Chapter 24 of this code, Article II, Noise Control and Regulation, and, except for single-family and two-family residential uses, shall be screened or located so as not to be visible from a public street or sidewalk.

(9) Street Buffers. Street buffers consisting of trees and turf or trees and decorative rock, such as river rock or lava rock (not including gravel), shall be provided along all streets between the sidewalk and the street. Tree species shall be approved by the city forester.

(10) For all uses, building facades which face a street shall include exterior wall window and door openings equal to a minimum of twenty-five (25) percent of the area of the facade.

(11) Signs. Signs in the Normal Hill Mixed Use Zoning District shall be regulated in the same manner as signs in the Local Commercial (C-1) Zone, as set forth in Chapter 30 of this code. For purposes of this section, sign shall have the same meaning as defined in Chapter 30 of this code. (Ord. No. 4562, § 1, 8-15-11; Ord. No. 4676, § 24, 11-28-16; Ord. No. 4692, § 12, 10-30-17)

TOURIST COMMERCIAL ZONE C-2

Sec. 37-63. Tourist Commercial Zone C-2.

(a) Purpose: To encourage the development of facilities for the traveling public and conventions in locations readily accessible from principal and minor arterials and major through highways. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 27, 10-25-99)

Sec. 37-64. Uses permitted outright.

In a C-2 Zone, the following uses and their accessory uses are permitted outright subject to the provisions of Article IV:

(1) Car wash, subject to the special conditions of section 37-60.1(1) of this code;

(2) Commercial marina;

(3) Commercial entertainment facility;

(4) Day care center, subject to the special conditions of section 37-20.1(5) of this code;

(5) Eating or drinking establishment;

(6) Motel/hotel;

(7) Personal service uses;

(8) Preschool, subject to the special conditions of section 37-20.1(6) of this code;

(9) Public or governmental offices or semi-public uses which uses are similar to other uses permitted outright in this zone;

(10) Recreational vehicle park when in conformance with Chapter 23 of this code;

(11) Residential uses legally established as of December 31, 2004;

(12) Retail sales and service;

(13) Service station, subject to the special conditions of section 37-60.1(2) of this code;

(14) Telecommunications towers, subject to the standards of section 37-13.1(4) of this code;

(15) Alternative telecommunications towers, subject to the standards of section 37-163(2) of this code;

(16) Church. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 28, 10-25-99; Ord. No. 4322, § 4, 12-9-02; Ord. No. 4390, § 2, 2-14-05; Ord. No. 4398, § 12, 1-9-06; Ord. No. 4531, § 8, 7-13-09)

Sec. 37-65. Conditional uses.

In a C-2 Zone the following uses and their accessory uses are permitted when authorized in accordance with standards and requirements of Articles IV and IX:

(1) Multifamily residential;

(2) Public or semi-public use;

(3) Other tourist oriented uses which are not permitted outright but which are consistent with the purpose of the C-2 Zone, and are not detrimental to any of the outright permitted uses or other existing conditional uses;

(4) Replacement of a nonconforming commercial use located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to standards of section 37-163(17) of this code;

(5) Replacement of a nonconforming residential use not located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to setback and yard requirements of the R-2 Zone;

(6) A nonconforming commercial use may expand to bring that use into compliance with the requirements of this chapter, Article VII, Off-Street Parking and Loading. Such nonconforming commercial use may expand onto a separate parcel containing a conforming use where that parcel is abutting the nonconforming use for purposes of parking only. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 29, 10-25-99; Ord. No. 4328, § 2, 3-24-03)

Sec. 37-66. Development standards.

In a C-2 Zone the following development standards shall apply and be in force:

(1) Maximum height for buildings: None except thirty-five (35) feet when on a lot abutting a residential zone.

(2) Maximum lot coverage: None.

(3) Minimum lot size: None.

(4) Minimum front yard: None.

(5) Minimum side yard: None except fifteen (15) feet when a property abuts a residential zone.

(6) Minimum rear yard: None except fifteen (15) feet when a property abuts a residential zone.

(7) Signs: Signs shall be subject to the restrictions enumerated in the sign ordinance of the city.

(8) Off-street parking: Off-street parking shall be subject to the requirements enumerated in Article VII.

(9) Sidewalks: Portland cement concrete sidewalks shall be required in all commercial zones. See section 32-45(c) of this code.

(10) Minimum screening: Side or rear yards abutting residential zones shall be screened by means of a sight obscuring fence, approved landscaping materials or a combination thereof. Such required screening shall be installed prior to the issuance of an occupancy permit. (Ord. No. 4108, § 2, 8-15-94)

COMMUNITY COMMERCIAL ZONE C-3

Sec. 37-67. Community Commercial Zone C-3.

(a) Purpose: To provide for development of commercial and service uses designed to serve community wide needs. Such areas shall provide for uses which because of size, operating characteristics, or need for major street accessibility, may not be suitable in the central business district or local commercial areas. Provisions of this zone shall ensure compatibility of design with any adjacent residential development. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 30, 10-25-99)

Sec. 37-68. Uses permitted outright.

In a C-3 Zone, the following uses and their accessory uses are permitted outright subject to the provisions of Article IV:

(1) Auto, boat, manufactured home, recreational vehicle sales and service;

(2) Car wash, subject to the special conditions of section 37-60.1(1) of this code;

(3) Commercial entertainment facility, subject to the special conditions of section 37-69.1(3) of this code;

(4) Day care center, subject to the special conditions of section 37-20.1(5) of this code;

(5) Drinking establishments;

(6) Eating establishments;

(7) Financial institutions;

(8) Mini-storage, subject to the special conditions of section 37-69.1(1) of this code;

(9) Personal services;

(10) Preschool, subject to the special conditions of section 37-20.1(6) of this code;

(11) Professional and business offices;

(12) Public or governmental offices or semi-public uses which uses are similar to other uses permitted outright in this zone;

(13) Residential uses legally established as of December 31, 2004;

(14) Retail sales and services;

(15) Service station, subject to the special conditions of section 37-60.1(2) of this code;

(16) Small animal hospital, clinic or kennel, subject to the special conditions of section 37-69.1(2) of this code;

(17) Telecommunications towers, subject to the standards of section 37-13.1(4) of this code;

(18) Alternative telecommunications towers, subject to the standards of section 37-163(2) of this code;

(19) Temporary vendors operating for sixteen (16) days or less;

(20) Church. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 31, 10-25-99; Ord. No. 4322, § 4, 12-9-02; Ord. No. 4346, § 2, 11-17-03; Ord. No. 4390, § 3, 2-14-05; Ord. No. 4531, § 8, 7-13-09)

Sec. 37-69. Conditional uses.

In a C-3 Zone, the following uses and their accessory uses are permitted when authorized in accordance with the standards and requirements of Articles IV and IX:

(1) Other public or semi-public use;

(2) Temporary vendors operating in excess of sixteen (16) days as defined by Chapter 21 of this code;

(3) Other limited commercial uses which are not permitted outright but which are consistent with the purpose of the C-3 Zone, and are not detrimental to any of the outright permitted uses or other existing conditional uses;

(4) Recreational vehicle park, subject to the provisions of Chapter 23, Article II of this code;

(5) Replacement of a nonconforming commercial use located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to standards of section 37-163(17) of this code;

(6) Replacement of a nonconforming residential use not located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to setback and yard requirements of the R-2 Zone;

(7) A nonconforming commercial use may expand to bring that use into compliance with the requirements of this chapter, Article VII, Off-Street Parking and Loading. Such nonconforming commercial use may expand onto a separate parcel containing a conforming use where that parcel is abutting the nonconforming use for purposes of parking only. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 32, 10-25-99; Ord. No. 4328, § 2, 3-24-03; Ord. No. 4346, § 2, 11-17-03; Ord. No. 4698, § 16, 10-30-17)

Sec. 37-69.1. Special conditions.

(1) Mini-storage. Where a mini-storage complex abuts a residential use, the portion of the site abutting the residential use shall be fenced and/or landscaped. The underlying zoning, parking and landscaping standards shall determine the extent to which landscaping and fencing is required.

(a) Where a mini-storage complex abuts a commercial zone, outdoor storage areas must be fenced along the perimeter of the outdoor storage area with a sight-obscuring fence.

(b) Asphalt or portland cement paving shall be required on all areas designated for vehicular movement, on- or off-loading, or parking.

(c) On-site area for on- and off-loading of vehicles shall be provided so that such operations do not take place on or interfere with public right-of-way.

(d) Exterior security lighting shall be provided.

(2) Small animal hospital, clinic or kennel.

(a) The floor of an indoor kennel shall be made or covered with a durable, impervious surface sloped to a floor drain to allow the area to be cleaned and disinfected.

(b) The outdoor dog runs shall be enclosed with fences or walls of a minimum of eight (8) feet in height.

(c) All laws applicable to the public health shall be complied with for the entire period of the operation of the kennel.

(d) Outdoor kennels, play yards or pens associated with the kennel shall be located only in the side or rear yard and shall be set back one hundred (100) feet from any residentially zoned property.

(e) A minimum ten (10) foot wide landscaped buffer shall be installed along any side or rear property line adjacent to residentially zoned property. Landscaping shall consist of one (1) one-and-one-half (1-1/2) inch caliper deciduous tree or one (1) six (6) foot evergreen tree and five (5) one (1) gallon shrubs per thirty-five (35) linear feet.

(3) Commercial entertainment facility.

(a) The size of the site is shown to be reasonable for the intended use.

(b) Parking and access to the site meets all applicable ordinances.

(c) The surrounding property will not otherwise be adversely affected.

(d) Any exterior lighting shall be directed or shrouded so as to not shine onto any adjacent properties.

(e) Requirements of Chapter 24, Article II of this code, Noise Control and Regulation, shall be met.

(f) If located adjacent to residential use property, a sight-obscuring fence, a minimum of six (6) feet in height, or a landscape buffer with a minimum eighty (80) percent opacity rating shall be installed on the perimeter of the portion of the lot abutting the residential use. (Ord. No. 4249, § 33, 10-25-99; Ord. No. 4399, § 1, 7-11-2005; Ord. No. 4440, § 2, 8-14-06)

Sec. 37-69.2. Development standards.2

In a C-3 Zone, the following development standards shall apply and be in force:

(1) Maximum height for buildings: Forty-five (45) feet.

(2) Maximum lot coverage: None.

(3) Minimum lot size: None.

(4) Minimum front yard: Twenty (20) feet measured from the front property line or forty-five (45) feet from the center line of the street, whichever is greater.

(5) Minimum side yard: None except fifteen (15) feet when a property abuts a residential zone.

(6) Minimum rear yard: None except fifteen (15) feet when a property abuts a residential zone.

(7) Signs: Signs shall be subject to the restrictions enumerated in the sign ordinance of the city.

(8) Off-street parking: Off-street parking shall be subject to the requirements enumerated in Article VII.

(9) Minimum screening: Side or rear yards abutting residential zones shall be screened by means of a sight obscuring fence or approved landscaping materials. Such screening shall be installed prior to the issuance of a certificate of occupancy.

(10) Sidewalks: Portland cement concrete sidewalks shall be required in all commercial zones. See section 32-45(c) of this code. (Ord. No. 4108, § 2, 8-15-94)

GENERAL COMMERCIAL ZONE C-4

Sec. 37-70. General Commercial Zone C-4.

(a) Purpose: To provide areas to serve the city and regional needs for commercial goods and services. Such areas shall be compatible with adjacent residential development. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 34, 10-25-99)

Sec. 37-71. Uses permitted outright.

In a C-4 Zone the following uses and their accessory uses are permitted outright subject to the standards of Article IV:

(1) Auto, boat, manufactured home, recreational vehicle, heavy equipment sales and service;

(2) Building supply outlet;

(3) Business or professional offices;

(4) Car wash, subject to the special conditions of section 37-60.1(1) of this code;

(5) Commercial entertainment facility, subject to the special conditions of section 37-69.1(3) of this code;

(6) Day care center, subject to the special conditions of section 37-20.1(5) of this code;

(7) Eating or drinking establishment;

(8) Financial institutions;

(9) Greenhouses and nurseries;

(10) Laundry and dry cleaners;

(11) Mini-storage, subject to the special conditions of section 37-69.1(1) of this code;

(12) Mortuary;

(13) Motel/hotel;

(14) Multifamily residential uses not on the ground floor of a building;

(15) Personal services;

(16) Preschool, subject to the special conditions of section 37-20.1(6) of this code;

(17) Public or governmental offices or semi-public uses which uses are similar to other uses permitted outright in this zone;

(18) Residential uses legally established as of December 31, 2004;

(19) Retail sales and service;

(20) Service station, subject to the special conditions of section 37-60.1(2) of this code;

(21) Telecommunications towers, subject to the standards of section 37-13.1(4) of this code;

(22) Alternative telecommunications towers, subject to the standards of section 37-163(2) of this code;

(23) Temporary vendors operating for sixteen (16) days or less;

(24) Veterinary clinic or kennel, subject to the special conditions of section 37-69.1(2) of this code;

(25) Recreational vehicle park, subject to the provisions of Chapter 23, Article II of this code;

(26) Church. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 35, 10-25-99; Ord. No. 4322, § 4, 12-9-02; Ord. No. 4346, § 2, 11-17-03; Ord. No. 4390, § 4, 2-14-05; Ord. No. 4398, § 13, 1-9-06; Ord. No. 4531, § 8, 7-13-09; Ord. No. 4698, § 17, 10-30-17)

Sec. 37-72. Conditional uses.

In a C-4 Zone the following uses and their accessory uses are permitted when authorized in accordance with Articles IV and IX:

(1) Tire recapping;

(2) Truck terminal;

(3) Multifamily residential when located on the ground floor of a structure;

(4) Wholesale warehouse;

(5) Adult bookstore;

(6) Adult theaters;

(7) Adult entertainment facility;

(8) Other semi-public uses;

(9) Other public uses;

(10) Temporary vendors operating in excess of sixteen (16) days as defined by Chapter 21 of this code;

(11) Homeless shelter, subject to the standards of section 37-125 of this code;

(12) Other general commercial uses which are not permitted outright but which are consistent with the purpose of the C-4 Zone, and are not detrimental to any of the outright permitted uses or other existing conditional uses;

(13) Replacement of a nonconforming commercial use located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to standards of section 37-163(17) of this code;

(14) Replacement of a nonconforming residential use not located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to setback and yard requirements of the R-2 zone;

(15) A nonconforming commercial use may expand to bring that use into compliance with the requirements of this chapter, Article VII, Off-Street Parking and Loading. Such nonconforming commercial use may expand onto a separate parcel containing a conforming use where that parcel is abutting the nonconforming use for purposes of parking only. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 36, 10-25-99; Ord. No. 4328, § 2, 3-24-03; Ord. No. 4346, § 2, 11-17-03; Ord. No. 4689, § 4, 4-24-17)

Sec. 37-73. Development standards.

In a C-4 Zone, the following development standards shall apply and be in force:

(1) Maximum height for buildings: Sixty (60) feet.

(2) Maximum lot coverage: None.

(3) Minimum lot size: None.

(4) Minimum front yard: None except property abutting Thain Road shall have a twenty (20) foot minimum.

(5) Minimum side yard: None except fifteen (15) feet when a property abuts a residential zone.

(6) Minimum rear yard: None except fifteen (15) feet when a property abuts a residential zone.

(7) Signs: Signs shall be subject to the restrictions enumerated in the sign ordinance of the city.

(8) Off-street parking: Off-street parking shall be subject to the requirements enumerated in Article VII.

(9) Minimum screening: Side or rear yards abutting residential zones shall be screened by means of a sight obscuring fence or approved landscaping materials. Such screening shall be installed prior to the issuance of an occupancy permit.

(10) Sidewalks: Portland cement concrete sidewalks shall be required in all commercial zones. See section 32-45(c) of this code. (Ord. No. 4108, § 2, 8-15-94)

37-7

Reserved.

Sec. 37-75. Temporary conditional use.

The purpose of the temporary conditional use in a C-4 Zone is to enable a better temporary use of certain existing structures to ease their transition from certain light industrial uses to general commercial uses in compliance with the goals and purposes of the comprehensive plan of the city of Lewiston.

In a C-4 Zone, the temporary conditional uses of fabricating and assembly operations may be permitted only if the following conditions have been met:

(1) The use shall only apply to existing structures and shall be compatible with the existing structures on the subject property. No exterior construction which substantially alters the existing structure shall be permitted by the grant of this conditional use and the building must be inspected by a building official.

(2) For the purposes of this section, an existing structure is one that was constructed prior to January 1, 1981.

(3) The use shall be compatible with all uses in existence within the surrounding area in that it will not create an adverse impact on traffic, noise levels, fire safety standards, clean air standards, water purity standards or detract from the nature and character of the surrounding uses.

(4) The temporary conditional use shall not be granted outright and shall be strictly controlled, subject to such conditions as may be directed by the commission or the council to insure that the use shall be compatible as set forth in subsection (3) herein.

(5) The temporary conditional use shall be granted only after following the same procedure for conditional uses in accordance with Articles IV and IX.

(6) The allowance of a temporary conditional use shall not grant the applicant any permanent rights in the use of the property. The temporary conditional use shall automatically terminate upon the expiration of a period of time to be set by the commission or the council which period of time shall in no event exceed five (5) years. Nothing shall prevent the holder of a temporary conditional use from applying for a new temporary conditional use for the same or similar purposes at, near or after the expiration date of a temporary conditional use granted pursuant to this section. Such an application shall be treated in all respects as a new application.

(7) In any hearing concerning the allowance of a temporary conditional use pursuant to this section, the commission or the council shall consider and make findings and conclusions concerning the following:

a. Specific findings with respect to subsections (1) through (6) of this section; and

b. The nature and extent of the temporary conditional use shall be specifically set forth by the commission and the council and no implied use shall arise therefrom; and

c. That the trend of the use of the area to general commercial use will not be impeded by the length of time for which the temporary conditional use is allowed. (Ord. No. 4108, § 2, 8-15-94)

CENTRAL COMMERCIAL ZONE C-5

Sec. 37-76. Central Commercial Zone C-5.

(a) Purpose: To provide a mix of uses within the Central Business District for a wide variety of goods, services and compatible multifamily housing. Development shall provide access to adequate parking for uses that normally rely heavily on pedestrian circulation. Such areas should be compatible with adjacent noncommercial development. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 37, 10-25-99)

Sec. 37-77. Uses permitted outright.

In a C-5 Zone the following uses and their accessory uses are permitted when authorized in accordance with the provisions of Article IV:

(1) Business or professional office;

(2) Commercial entertainment – indoors and outdoors;

(3) Convention center;

(4) Day care center, subject to the special conditions of section 37-20.1(5) of this code;

(5) Eating or drinking establishment;

(6) Financial institutions;

(7) Hotel;

(8) Multifamily residential uses not on the ground floor of a building;

(9) Personal use;

(10) Preschool, subject to the special conditions of section 37-20.1(6) of this code;

(11) Public or governmental offices or semi-public uses which uses are similar to other uses permitted outright in this zone;

(12) Residential uses legally established as of December 31, 2004;

(13) Retail sales and service;

(14) Telecommunications towers, subject to the standards of section 37-13.1(4) of this code;

(15) Alternative telecommunications towers, subject to the standards of section 37-163(2) of this code;

(16) Temporary vendors operating for sixteen (16) days or less;

(17) Theater;

(18) Winery, brewery;

(19) Church. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 38, 10-25-99; Ord. No. 4322, § 4, 12-9-02; Ord. No. 4346, § 2, 11-17-03; Ord. No. 4390, § 5, 2-14-05; Ord. No. 4508, § 1, 7-14-08; Ord. No. 4531, § 8, 7-13-09)

Sec. 37-78. Conditional uses.

In a C-5 Zone, the following uses and their accessory uses are permitted when authorized in accordance with the provisions of Articles IV and IX:

(1) Automobile, recreational vehicle sales and service;

(2) Multifamily residential when located on the ground floor of a building;

(3) Other public uses;

(4) Other semi-public uses;

(5) Printing establishments;

(6) Processing, packing and storage;

(7) Recycle center;

(8) Service station, subject to the special conditions of section 37-60.1(2) of this code;

(9) Temporary vendors operating in excess of sixteen (16) days as defined by Chapter 21 of this code;

(10) Warehousing;

(11) Welding fabrication;

(12) Other central commercial uses which are not permitted outright but which are consistent with the purpose of the C-5 Zone, and are not detrimental to any of the outright permitted uses or any other existing conditional uses;

(13) Replacement of a nonconforming commercial use located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to standards of section 37-163(17) of this code;

(14) Replacement of a nonconforming residential use not located abutting a principal or minor arterial street, as identified in the Lewiston Comprehensive Transportation Plan, subject to setback and yard requirements of the R-2 Zone;

(15) A nonconforming commercial use may expand to bring that use into compliance with the requirements of this chapter, Article VII, Off-Street Parking and Loading. Such nonconforming commercial use may expand onto a separate parcel containing a conforming use where that parcel is abutting the nonconforming use for purposes of parking only. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 39, 10-25-99; Ord. No. 4328, § 2, 3-24-03; Ord. No. 4346, § 2, 11-17-03; Ord. No. 4508, § 2, 7-14-08)

Sec. 37-79. Development standards.

In a C-5 Zone, the following development standards shall apply and be in force:

(1) Maximum height for buildings: None.

(2) Maximum lot coverage: None.

(3) Minimum lot size: None.

(4) Minimum front yard: None.

(5) Minimum side yard: None.

(6) Minimum rear yard: None.

(7) Signs: Signs shall be subject to the restrictions enumerated in the sign ordinance of the city.

(8) Off-street parking: Off-street parking shall be subject to the requirements enumerated in Article VII.

(9) Sidewalks: Portland cement concrete sidewalks shall be required in all commercial zones. See section 32-45(c) of this code. (Ord. No. 4108, § 2, 8-15-94)

REGIONAL COMMERCIAL ZONE C-6

Sec. 37-80. Regional Commercial Zone C-6.

(a) Purpose: To encourage the establishment of areas for varied types of commercial uses and to meet the needs of the regional market area. Such uses shall be readily accessible from streets designated as principal or minor arterials as shown in the Lewiston comprehensive transportation plan. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 40, 10-25-99)

Sec. 37-81. Uses permitted outright.

In a C-6 Zone, the following uses and their accessory uses are permitted outright subject to the provisions of Article IV:

(1) Auto, boat, manufactured home, recreational vehicle sales and service;

(2) Eating and drinking establishments;

(3) Financial institutions;

(4) Hotel/motel;

(5) Car wash, subject to the special conditions of section 37-60.1(1) of this code;

(6) Commercial entertainment facility, subject to the special conditions of section 37-69.1(3) of this code;

(7) Day care center, subject to the special conditions of section 37-20.1(5) of this code;

(8) Mini-storage, subject to the special conditions of section 37-69.1(1) of this code;

(9) Personal services;

(10) Preschool, subject to the special conditions of section 37-20.1(6) of this code;

(11) Professional and business offices;

(12) Public or governmental offices or semi-public uses which uses are similar to other uses permitted outright in this zone;

(13) Residential uses legally established as of December 31, 2004;

(14) Retail sales and services;

(15) Service station, subject to the special conditions of section 37-60.1(2) of this code;

(16) Small animal hospital, clinic or kennel, subject to the special conditions of section 37-69.1(2) of this code;

(17) Telecommunications towers, subject to the standards of section 37-13.1(4) of this code;

(18) Alternative telecommunications towers, subject to the standards of section 37-163(2) of this code;

(19) Temporary vendors operating sixteen (16) days or less;

(20) Recreational vehicle park, subject to the standards of Chapter 23 of this code;

(21) Church. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 41, 10-25-99; Ord. No. 4322, § 4, 12-9-02; Ord. No. 4346, § 2, 11-17-03; Ord. No. 4390, § 6, 2-14-05; Ord. No. 4398, § 14, 1-9-06; Ord. No. 4531, § 8, 7-13-09)

Sec. 37-82. Conditional uses permitted.

In a C-6 Zone, the following uses and their accessory uses are permitted when authorized in accordance with the standards and requirements of Articles IV and IX:

(1) Public or semi-public use;

(2) Temporary vendors operating in excess of sixteen (16) days as defined by Chapter 21 of this code;

(3) Other limited arterial commercial uses which are not permitted outright but which are consistent with the purpose of the C-6 Zone, and are not detrimental to any of the outright permitted uses or other existing conditional uses;

(4) Homeless shelter, subject to the standards of section 37-125 of this code. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 42, 10-25-99; Ord. No. 4346, § 2, 11-17-03; Ord. No. 4689, § 5, 4-24-17)

Sec. 37-83. Development standards.

In a C-6 Zone, the following development standards shall apply and be in force:

(1) Maximum height for buildings: None except forty-five (45) feet when a building on a lot abuts a residential zone.

(2) Maximum lot coverage: None.

(3) Minimum lot size: None.

(4) Minimum front yard: When fronting on an urban arterial street as defined by the general street plan of the city, the minimum front yard shall be a minimum of forty (40) feet if the adjoining right-of-way is less than eighty (80) feet wide and a minimum of twenty (20) feet if the adjoining right-of-way is eighty (80) or more feet wide. When fronting on other streets shall be a minimum of twenty (20) feet measured from the front of the property line or forty-five (45) feet from the center line of the street, whichever is greater.

(5) Minimum side yard: None except fifteen (15) feet when a property abuts a residential zone.

(6) Minimum rear yard: None except fifteen (15) feet when a property abuts a residential zone.

(7) Signs: Signs shall be subject to the restrictions enumerated in the sign ordinance of the city.

(8) Off-street parking: Off-street parking shall be subject to the requirements enumerated in Article VII.

(9) Minimum screening: Side or rear yards abutting residential zones shall be screened by means of a sight-obscuring fence or approved landscaping materials. Such screening shall be installed prior to the issuance of a certificate of occupancy.

(10) Sidewalks: Portland cement concrete sidewalks shall be required in all commercial zones. See section 32-45(c) of this code. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4531, § 9, 7-13-09)

LIGHT INDUSTRIAL ZONE M-1

Sec. 37-84. Light Industrial Zone M-1.

Purpose: To provide for light manufacturing, processing, storage, warehousing, distribution and commercial uses subject to stated standards. To provide for necessary community uses that are not appropriate in residential districts. Regulations are intended to prevent friction between uses in the zone and also to protect nearby residential districts. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 43, 10-25-99; Ord. No. 4689, § 6, 4-24-17)

Sec. 37-85. Uses permitted outright.

In an M-1 Zone, the following uses and their accessory uses are permitted outright subject to the provisions of Article IV:

(1) Auto, manufactured home, recreational vehicle, heavy equipment sales and service;

(2) Boat sales and marina;

(3) Commercial entertainment facility – indoor;

(4) Commercial or industrial laundry;

(5) Eating or drinking establishment;

(6) General contracting and storage yard;

(7) Greenhouses and nurseries;

(8) Manufacturing, fabricating, processing, repairing, packing or storage, except a use specifically listed as a use permitted outright or as a conditional use in an M-2 Zone;

(9) Mini-storage;

(10) Port facility;

(11) Public and semi-public use which use is similar to other permitted uses in this zone;

(12) Recycling center;

(13) Retail sales and service;

(14) Service station;

(15) Telecommunications towers, subject to the standards of section 37-13.1(4) of this code;

(16) Alternative telecommunications towers, subject to the standards of section 37-163(2) of this code;

(17) Temporary vendors operating for sixteen (16) days or less;

(18) Tire recapping;

(19) Truck terminal;

(20) Veterinary clinic or kennel;

(21) Wholesale distribution. (Ord. No. 4108, § 2, 8-15-94; Ord. No. § 44, 10-25-99; Ord. No. 4322, § 4, 12-9-02; Ord. No. 4346, § 2, 11-17-03; Ord. No. 4387, § 1, 2-14-05)

Sec. 37-86. Conditional uses permitted.

In an M-1 Zone, the following uses and their accessory uses are permitted when authorized in accordance with the provisions of Articles IV and IX:

(1) Bulk petroleum storage and distribution facilities;

(2) Commercial entertainment facility – outdoor;

(3) Grain storage;

(4) Homeless shelter, subject to the standards of section 37-125 of this code;

(5) Other light manufacturing uses which are not permitted outright but which are consistent with the purpose of the M-1 Zone and are not detrimental to any of the outright permitted uses or other existing conditional uses;

(6) Other public use;

(7) Other semi-public uses;

(8) Quarrying;

(9) Temporary vendors operating in excess of sixteen (16) days as defined by Chapter 21 of this code. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 45, 10-25-99; Ord. No. 4346, § 2, 11-17-03; Ord. No. 4387, § 2, 2-14-05; Ord. No. 4689, § 7, 4-24-17)

Sec. 37-87. Limitations on use.

In an M-1 Zone the following limitations on use shall apply:

(1) Any use which creates a nuisance because of noise, smoke, odor, dust or gas is prohibited.

(2) Materials shall be stored, and grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or otherwise create a health hazard.

(3) All service, processing and storage on property abutting or facing a residential zone or a through highway shall be wholly within an enclosed building or screened from view from the residential zone or a through highway by a permanently maintained, sight obscuring fence at least eight (8) feet high, approved landscaping material or a combination thereof.

(4) Access from a public street to properties in an M-1 Zone shall be so located as to minimize traffic congestion and avoid directing industrial traffic onto residential streets.

(5) Building entrances or other openings adjacent to a residential or commercial zone shall be prohibited if they cause glare, excessive noise or otherwise adversely affect the use or value of the adjacent property.

(6) Effluent from permitted uses cannot be returned to the rivers without prior treatment or processing to ensure compliance with state and federal water pollution control standards and city ordinances. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-88. Yards.

In an M-1 Zone a side yard or rear yard abutting a residential zone shall be a minimum of twenty-five (25) feet. Said required yard shall be screened by means of a sight obscuring fence, approved landscaping materials or a combination thereof. Such required screening shall be installed prior to the issuance of an occupancy permit. (Ord. No. 4108, § 2, 8-15-94)

HEAVY INDUSTRIAL ZONE M-2

Sec. 37-89. Heavy Industrial Zone M-2.

Purpose: To provide for general manufacturing and closely related uses. Limitations on use for this zone are intended to provide protection principally against effects harmful to other zones. To provide for necessary community uses that are not appropriate in residential districts. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 46, 10-25-99; Ord. No. 4689, § 8, 4-24-17)

Sec. 37-90. Uses permitted outright.

In an M-2 Zone, the following uses and their accessory uses are permitted outright subject to the provisions of Article IV:

(1) Auto, manufactured home, recreational vehicle, heavy equipment sales and service;

(2) Boat sales and marina;

(3) Chemical and fertilizer storage and blending of fertilizers;

(4) Commercial entertainment facility – indoor;

(5) Commercial or industrial laundry;

(6) Concrete or concrete products manufacturing;

(7) General contracting and storage yard;

(8) Grain storage;

(9) Greenhouses and nursery;

(10) Manufacturing, fabricating, processing, repairing, packing or storage except a use specifically listed as a conditional use in the P Zone;

(11) Mini-storage;

(12) Petroleum products storage or distribution facility;

(13) Port facility;

(14) Public and semi-public uses which uses are similar to other permitted uses in this zone;

(15) Recycling center;

(16) Retail sales and service;

(17) Service station;

(18) Telecommunications towers, subject to the standards of section 37-13.1(4) of this code;

(19) Alternative telecommunications towers, subject to the standards of section 37-163(2) of this code;

(20) Temporary vendors operating for sixteen (16) days or less;

(21) Tire recapping;

(22) Truck terminal;

(23) Veterinary clinic or kennel;

(24) Wholesale distribution;

(25) Wood processing plant. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 47, 10-25-99; Ord. No. 4322, § 4, 12-9-02; Ord. No. 4346, § 2, 11-17-03; Ord. No. 4387, § 3, 2-14-05)

Sec. 37-91. Conditional uses permitted.

In an M-2 Zone the following uses and their accessory uses are permitted when authorized in accordance with the provisions of Articles IV and IX:

(1) Asphalt plant;

(2) Cement manufacturing;

(3) Chemical storage and manufacturing, including farm fertilizers;

(4) Commercial entertainment facility – outdoor;

(5) Feed lot or stockyard;

(6) Heliport;

(7) Homeless shelter, subject to the standards of section 37-125 of this code;

(8) Meat packing plant excepting stockyards;

(9) Other public use;

(10) Other semi-public use;

(11) Temporary vendors operating in excess of sixteen (16) days as defined by Chapter 21 of this code;

(12) Wrecking yard. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 48, 10-25-99; Ord. No. 4346, § 2, 11-17-03; Ord. No. 4387, § 4, 2-14-05; Ord. No. 4689, § 9, 4-24-17)

Sec. 37-92. Limitations on use.

In an M-2 Zone the following limitations on use shall apply:

(1) Any use which creates a nuisance because of noise, smoke, odor, dust or gas is prohibited.

(2) Materials shall be stored, and grounds maintained in a manner which will not attract or aid the propagation of insects or rodents or otherwise create a health hazard.

(3) All service, processing and storage on property abutting or facing a residential zone or a through highway shall be wholly within an enclosed building or screened from view from the residential zone or a through highway by a permanently maintained, sight obscuring fence at least eight (8) feet high, approved landscaping material or a combination thereof.

(4) Access from a public street to properties in an M-2 Zone shall be so located as to minimize traffic congestion and avoid directing industrial traffic onto residential streets.

(5) Building entrances or other openings adjacent to a residential or commercial zone shall be prohibited if they cause glare, excessive noise or otherwise adversely affect the use or value of the adjacent property.

(6) Effluent from permitted uses cannot be returned to the rivers without prior treatment or processing to ensure compliance with existing city ordinances, state and federal water pollution control standards. (Ord. No. 4108, § 2, 8-15-94)

FORM AND IMPACT BASED (FIB) ZONE

Sec. 37-93. Form and Impact Based (FIB) Zone.

(a) Intents and purposes. The city of Lewiston recognizes the value of the Clearwater and Snake Rivers as assets to the community and aspires to be the premier small-town waterfront city; facilitate the enhancement of the waterfront as a recreational, social, and economic activity center; and enhance the vitality of beautiful, downtown Lewiston. The intents and purposes of the FIB Zone are to maximize the intensity of use and the value of lands within its boundaries; to create a pedestrian priority environment; to create a visually interesting and appealing atmosphere; to prioritize land uses and building forms that contribute the most qualities toward achievement of these purposes, without unduly limiting use of private property; and to implement goals and objectives set forth in Chapter 12.2 of the Lewiston Comprehensive Plan (the Lewiston Waterfront Plan), as follows:

(1) Establish land use patterns along the rivers which maximize the potential of the rivers by increasing uses which create more outdoor recreation and pedestrian activity along the waterfront and which create a pleasing, enjoyable environment.

(2) Improve the attractiveness and sense of place of the built environment on public and private properties and to preserve and enhance views of the rivers and related open spaces and bridges.

(3) Improve Levee Trail and river access.

(4) Establish a mixed-use downtown waterfront zoning district to encourage land uses that promote enjoyment of the rivers; are complementary to beautiful, downtown Lewiston; and include a residential component. The FIB Zone is intended to bring higher concentrations of residents, workers, and visitors expected to frequent restaurant, retail, recreation, and entertainment businesses and facilities in the immediate area.

(5) Improve the sense of place, connectivity, and visual appearance of the built environment.

(6) Establish zoning development standards and incentive options to improve community design. The intent is to focus design of new construction and reconstruction on pedestrian-friendliness and a visually welcoming environment, including consideration of such things as, but not limited to:

a. Building materials, architecture, bulk, height, scale, setbacks, and orientation on the lot;

b. Historic preservation and enhancement;

c. Public and private pedestrian and bicycle amenities and improvements, including wayfinding, that improve nonmotorized access to the rivers and to adjoining public and private facilities;

d. Parking lot size, orientation on the lot, and related landscaping;

e. Landscape buffering between potentially incompatible uses or uses of substantially different intensity and landscaping simply as a beautification;

f. Formal and informal social gathering or resting areas;

g. View-shed and view corridor preservation and provision of river-view vantage stations/points;

h. Public artwork;

i. Burial of existing overhead utilities and of new utilities;

j. Reduced stormwater run-off amounts and/or rates; and

k. Increased stormwater run-off quality.

(7) Establish zoning and development incentives for provision of social and public gathering or resting spaces and amenities in new development and redevelopment.

(8) Reduce the amount of off-street parking required by the Lewiston City Code to encourage higher intensity land use and development and a pedestrian-oriented, destination environment. (Ord. No. 4725, § 2, 11-26-18)

Sec. 37-93.A. Interpretation and appeal.

Compliance with the provisions and requirements of the FIB Zone shall be determined by the community development department, utilizing the stated intents and purposes of the FIB Zone. A final decision of the community development department may be appealed by an affected person to the commission, in accordance with Section 37-192 of this code. (Ord. No. 4725, § 2, 11-26-18)

Sec. 37-93.B. Existing buildings and uses.

(a) Notwithstanding the nonconformity regulations in article X of this chapter, a building or land use in the FIB Zone that exists prior to October 27, 2018, that does not meet the requirements herein shall be considered legally nonconforming. Such building or land use shall be allowed to continue in existence and be structurally repaired, maintained, and/or improved to any extent not otherwise regulated by the FIB Zone.

(b) The allowable size of expansion of any such nonconforming building shall be at least a one to one (1:1) ratio of the percentage of the gross floor area expansion to the percentage of points necessary to qualify for new building construction, as set forth in section 37-93.D of this code. However, in every case, a building expansion shall generate a minimum of one (1) point. For purposes of this section, any fraction of a point up to and including one-half (1/2) shall be rounded down to the nearest whole number, and any fraction of a point greater than one-half (1/2) shall be rounded up to the nearest whole number.

(c) Permits and business license applications for existing buildings or uses that were approved under the regulations of the FIB Zone and that propose construction, remodeling, or change of use or occupancy of the business in question shall be subject to approval by the community development director or designee. Approval of such applications by the community development director or designee shall be subject to the following findings:

(1) The proposal will result in a condition that generates more allowable land use and development qualifier points than the existing or most recent condition of the building, site, and/or use;

(2) The proposal will not result in a condition that would have the effect of eliminating points that previously qualified the building or use for approval, or, if so, the proposal includes elements of equal or greater value within the qualification point system;

(3) The proposal will not create an element of noncompliance with the FIB Zone that did not already exist; and

(4) The proposal will further the intents and purposes of the FIB Zone. (Ord. No. 4725, § 3, 11-26-18)

Sec. 37-93.C. Temporary vendors.

Temporary vendors, as defined in Chapter 21 of this code, may be permitted in the FIB Zone regardless of the allowances and requirements of the FIB Zone, pursuant to the provisions of Chapter 21 of this code. (Ord. No. 4725, § 4, 11-26-18)

Sec. 37-93.D. Building form and orientation standards.

(a) The construction of a new building in the FIB Zone, other than an accessory building, or the reconstruction of an existing building in the FIB Zone, other than an accessory building, shall comply with the building form and orientation standards contained in this section, except that: (1) development proposals that generate a minimum of one and one-half (1 1/2) times the minimum point threshold required by section 37-93.E of this code shall be exempted from the building height or floor area ratio standard, and (2) development proposals that generate a minimum of one and one-third (1 1/3) times the minimum point threshold required by section 37-93.E of this code shall be exempted from any one (1) of the other building form and orientation standards of the developer’s choosing.

(b) For purposes of this section, reconstruction of an existing building shall mean work that exceeds eighty (80) percent of the building value, as determined by one (1) of the following options chosen by the building owner:

(1) The assessed value, as determined and on file at the Nez Perce County assessor’s office on the date of a building permit application;

(2) The appraised value, as determined by an appraiser licensed by the Idaho Real Estate Appraiser Board Bureau of Occupational Licenses, within not more than one (1) year from the date of a building permit application filed after October 27, 2018; or

(3) Sixty-five (65) percent of the value used to determine a building permit fee to reconstruct the building based upon the most recently adopted International Building Code, as determined by the city of Lewiston building official.

(c) Standards.

(1) Building height. Height allowance: Eighty-four (84) feet maximum, not counting any parapet of three (3) feet in height or less and not counting any architectural appurtenance exempted from maximum allowable building height, pursuant to section 37-159 of this code; or a maximum of eight (8) stories, as determined by the city of Lewiston building official based upon the International Building Code.

(2) Floor area ratio (FAR). FAR: one-half (1/2) minimum, which means that the total building gross floor area shall be equal to at least fifty (50) percent of lot square footage. Basements designed for occupancy or a parking garage shall be included in the FAR calculation. Any floor level or roof-top parking shall be included in the FAR calculation. Faux or false stories shall not be included in the FAR calculation. This FAR standard shall not apply to a building with a primary use of a commercial entertainment facility. Determination of “primary use” shall be made on a case-by-case basis, as determined by the community development department, based upon factors including, but not limited to, amount of floor area occupied, number of employees, parking demands, hours of operation, number and type of associated accessory uses, and other physical building characteristics and operating characteristics of the uses in question.

(3) Building location relative to Levee Bypass Road right-of-way line: Ten (10) feet minimum.

(4) Building location relative to a street right-of-way line other than Levee Bypass Road: Ten (10) feet maximum at first floor level, unless necessary to accommodate a fire access road required by the Lewiston fire department, and except for a hotel as specified below. Upper floors (those above the first floor) may be set back not more than an additional five (5) feet per floor or per fourteen (14) feet of building height above the first floor, whichever yields the greater setback, unless such upper floor additional setback is to accommodate an outdoor terrace.

If the space between the first floor of the building and street right-of-way line is used for outdoor dining, gathering, or other improved open space that is designed for access and use by the public, occupants, or patrons of the building, then the building may be set back a maximum of twenty (20) feet from the street right-of-way line.

A hotel building shall not be located farther than fifteen (15) feet from a street right-of-way line, unless: (a) the lot has multiple street frontages and the hotel building maintains the fifteen (15) feet maximum setback from at least one (1) street frontage; or (b) it is for purposes of accommodating a porte-cochere for loading/unloading guests of the hotel. If the hotel building is set back farther than fifteen (15) feet from the street right-of-way line to accommodate a porte-cochere, then the hotel building shall be attached to the porte-cochere, and the porte-cochere shall not be set back from the street right-of-way line farther than twelve (12) feet. Upper floor levels of a hotel building may be set back farther from the street right-of-way line than the first floor at a ratio not to exceed ten (10) feet of additional setback per floor level greater than one (1).

(5) Building access. Location, design, and orientation of building access: Building walls facing streets shall contain at least one (1) public, architecturally defined pedestrian building entrance. Such entrance shall be designed and oriented so as to be clearly identifiable from the street and sidewalk as a public pedestrian entrance to the building. Architectural definition of the building entrance may include recession or protrusion of the entrance and/or an awning or a roof protrusion directly above the entrance.

(6) First floor street-facing building wall transparency. A minimum of forty (40) percent of the area of a street-facing first floor building wall shall be clear, non-opaque window area, unless it is shown by the applicant that compliance with this standard is inherently in conflict with the type of use within the building and the proposal incorporates decorative or architectural features into the wall of the building as mitigation. Any such conflict shall be justified by the applicant, in writing, and accepted by the community development department.

(7) Upper floor (above the first floor) street-facing building wall transparency. A minimum of thirty (30) percent of the area of a street-facing upper floor building wall shall be clear, non-opaque window area or incorporate architectural features that have similar visual effect in breaking up the appearance of the wall mass, unless it is shown by the applicant that compliance with this standard is inherently in conflict with the type of use within the building and the proposal incorporates decorative or architectural features into the wall of the building as mitigation. Any such conflict shall be justified by the applicant, in writing, and accepted by the community development department.

(8) Outdoor lighting. Outdoor lighting for parking lots, walkways, usable open space, and exterior doorways shall be installed and designed to provide a safe and comfortable pedestrian environment. All such lighting shall be: (a) a full cutoff design so that there is not light dispersion or direct glare above a 90-degree horizontal plane from the base of the fixture, or (b) contained within an opaque or semi-transparent globe or housing that does not produce glare from the light source (e.g., the light bulb).

(9) Dumpster screening. Dumpsters shall be fully screened from view at ground level, unless located such that they are not visible from a street, public pedestrian path, and an adjoining property under separate ownership. (Ord. No. 4725, § 5, 11-26-18)

Sec. 37-93.E. Allowable land use and development qualifiers.

(a) Use of a property solely for public parking (including free, permit, pay by hour, or leased), including a parking garage, shall be exempt from having to qualify in the point system set forth in this section.

(b) Accessory buildings shall be exempt from having to qualify under the point system set forth in this section. Accessory building uses shall not be recognized for point earning purposes under the “multiple use” category set forth in this section.

(c) Proposed construction and reconstruction shall incorporate use and/or design elements sufficient to generate a minimum of eighteen (18) points from the list below in order to qualify for zoning approval to obtain a building permit. Development proposals that generate a minimum of one and one-half (1 1/2) times the minimum point threshold required herein shall be exempted from the building height or floor area ratio standard enumerated in section 37-93.D(c) of this code if the developer so chooses, and development proposals that generate a minimum of one and one-third (1 1/3) times the minimum point threshold required herein shall be exempted from any one (1) of the other building form and orientation standards of the developer’s choosing, if the developer so chooses.

(d) Interpretational decisions about whether a specific proposal qualifies for points in any of the categories listed in this section shall be determined by the community development department, which shall consider the stated intents and purposes of the FIB Zone.

(e) As an alternative to development qualification pursuant to this section, any development or redevelopment may be permitted by conditional use permit pursuant to article IX of this chapter. Any such conditional use permit, in addition to meeting the required relevant criteria and standards set forth in article IX of this chapter, shall also be found to be consistent with the stated intents and purposes of the FIB Zone and shall generate a minimum of one-third (1/3) of the points required by this section.

(f) Point system qualifiers.

(1) Multiple use property: Two (2) points for each use greater than one (1), up to a maximum of twelve (12) points; however, four (4) points shall be awarded for a commercial entertainment facility (not including adult bookstore, adult entertainment facility, or adult theater) or a hotel with a minimum of sixty (60) guest rooms, and two (2) points shall be awarded for each four (4) multifamily residential or residential condominium dwelling units.

a. No single use counted toward this point allowance shall be less than twenty (20) percent of the gross floor area of the building, or if an outdoor use such as an outdoor commercial entertainment use, then not less than thirty-three (33) percent of the square footage of the lot.

b. Multiple uses of the same category (e.g., two (2) retail stores in the same building) shall qualify as multiple uses for this point category only if they have separate business licenses and are physically separated by a wall or floor such that the business spaces are not open to each other.

(2) Minimum of one (1) employee per three hundred (300) square feet of gross floor area, excluding any single meeting or conference room of which the square footage exceeds the minimum required for all employees to meet together in the same room: three (3) points. Qualification for this point category shall be supported by submittal of a five-year business plan and building floor plan(s) that together show justification for this point qualifier and that shall be approved by the community development department for such purpose.

(3) Floor area ratio (FAR) increases above the one-half (1/2) minimum standard shall be awarded one (1) point for each 0.15 above the one-half (1/2) minimum standard, up to a maximum of six (6) points. Basements designed for occupancy or a parking garage shall be included in the FAR calculation. Any floor level or roof-top parking shall be included in the FAR calculation. Faux or false stories shall not be included in the FAR calculation.

(4) Open space and amenities for social gathering or active or passive recreation, such as courtyards, plazas and gardens, ball courts, and playgrounds (privately owned and maintained and consisting of at least one (1) percent of the development project area or two hundred twenty-five (225) square feet, whichever is greater): two (2) points. Outdoor dining and/or drinking areas for eating and drinking establishments shall not qualify for points in this category.

(5) Parkland dedication for public use, on the condition that the parkland dedication is accepted by the applicable public agency: two (2) points per two thousand five hundred (2,500) square feet of parkland area dedicated.

(6) Public art (outdoors): three (3) points. Public art, as used herein, shall mean works “commissioned” at a cost of not less than three thousand dollars ($3,000.00) or two (2) percent of the building permit valuation, whichever is greater, for locations of open public access. Such works may be inanimate, interactive, representational, abstract, aesthetic, didactic, functional, and/or symbolic art pieces or artistic projects or displays. Public art proposals shall be reviewed by a committee appointed by the Lewiston city council for such purpose. Said committee shall make recommendations on proposal acceptance or denial to the community development department for decision to accept or deny a proposal.

(7) New levee trail or river access: twelve (12) points. To qualify for points, the proposal shall be accepted and approved by all entities having authority, which may include, but is not limited to, the city of Lewiston, the United States Army Corps of Engineers, and the Idaho Transportation Department. The levee trail or river access shall be within a dedicated public right-of-way or granted public easement for legal public access and include physical improvements necessary for public use, including compliance with applicable Americans with Disabilities Act standards.

(8) Outdoor café located not farther than twenty (20) feet from and within clear view of a public street and with seating providing for a minimum of twelve (12) seats: two (2) points.

(9) Rooftop garden, patio, deck, or other type of rooftop open space with amenities to invite use (shall be at least twenty (20) percent of the area of the building footprint or two thousand (2,000) square feet, whichever is less): two (2) points.

(10) Alternative transportation mode support: This category includes public transit, carpool, bicycle, wayfinding, and electric vehicle accommodations, as well as public trail or walkway connections and implementation or participation in programs focused on transportation modes other than single occupancy fossil fuel burning vehicles.

a. Unsheltered bicycle racks: one-quarter (1/4) point for each two (2) bicycles, up to a maximum of three (3) points.

b. Sheltered bicycle parking racks, bike lockers, or bike room (shall accommodate a minimum of four (4) bicycles or fifteen (15) percent of the minimum number of required off-street parking stalls, whichever is greater): one (1) point for each four (4) bicycles, up to a maximum of three (3) points.

c. Electric car charging stations: one (1) point for each charging station up to three (3) and one-half (1/2) point for each additional charging station, up to a total maximum of five (5) points.

d. Provision of public transit system improvement, which shall be subject to approval and acceptance by the community development and public works directors, or their designees:

1. Dedication of public right-of-way or easement to accommodate bus stop, on the condition that such dedication or easement is accepted by the applicable public agency: two (2) points.

2. Construction of street improvements necessary to accommodate bus stop: two (2) points.

3. Installation of bus stop shelter with bench: one (1) point.

(11) Conference facilities (shall be open to or for rent by the general public and allow related meal service, which may or may not be provided by the facility owner):

a. With accommodations for a minimum of one hundred (100) people in one (1) room: three (3) points.

b. With accommodations for a minimum of one hundred (100) people cumulatively in more than one (1) room: two (2) points.

c. With accommodations for a minimum of fifty (50) people in one (1) room (cannot be combined with points awarded under subsection (11)(a) or (b) of this section): one (1) point.

(12) Leadership in Energy and Environmental Design (LEED) certified building: LEED Certificate: two (2) points; Silver Certificate: three (3) points; Gold Certificate: six (6) points; Platinum Certificate: seven (7) points.

(13) Relocate overhead utilities underground, subject to approval of the entities having jurisdiction over such utilities: three (3) points for each utility pole removed.

(14) Minimum ten (10) percent landscaping of the development site, including any required landscaping: three (3) points.

(15) Tripartite design of street facing building walls: three (3) points for vertical tripartite design, two (2) points for horizontal tripartite design, or five (5) points for both vertical and horizontal tripartite design. This design option is to create the appearance of three (3) distinct building sections by change in color and/or texture, by incorporation of recessed or protruding doorways, doorway overhangs, columns (structural or faux), horizontal and/or vertical bands, balconies, reveals, canopies or awnings, cornices, protruding parapets, and other architectural features that contribute to the appearance of three (3) distinct building sections.

(16) Reinforced building corner at street intersection: three (3) points. This design option shall include a pedestrian building entrance within six (6) feet of the corner of the building on each street frontage or a single entrance in any diagonal wall at the building corner, where such wall is at least ten (10) feet wide. The building corner shall be designed with increased building height, mass, façade angles, or change(s) in depth for increased prominence of that portion of the building. It may also include architectural features, such as cupolas, turrets, or change in roof pitch.

(17) Exterior decks or balconies on upper floor(s) (minimum one (1) floor level above the ground floor) where cumulative deck or balcony width is at least thirty (30) percent of the width of the wall on that particular floor level; or a minimum of one (1) deck or balcony per floor level where the cumulative deck or balcony width for all floor levels is at least thirty (30) percent of the width of the wall: two (2) points. Any such deck or balcony shall be functionally accessible by occupants of the building.

(18) Shared parking arrangement for fifty (50) percent minimum of the off-street parking requirement pursuant to section 37-149 of this code: two (2) points.

(19) Covered, enclosed, or sheltered off-street parking shall be awarded points for only one (1) of the following categories:

a. Surface level parking garage(s) or carports: one-half (1/2) point per four (4) cars for fully enclosed garages or one-half (1/2) point per four (4) cars for carports, up to a maximum of four (4) points.

b. Multi-level parking garage with no other uses in it, where the parking is for private land use and not a public parking garage and the parking garage is attached to the building it is providing parking for: five (5) points.

c. Rooftop parking with commercial and/or residential uses below: five (5) points.

d. First floor parking garage with businesses or homes above and/or below: five (5) points.

e. Mid-floor parking with residential and/or commercial uses above and/or below: six (6) points.

f. Below ground parking garage with businesses and/or homes above: seven (7) points.

(20) First floor street frontage walls that are at least sixty (60) percent visually penetrable: one (1) point.

(21) Provision of all required stormwater detention underground or integration of all required stormwater detention with required landscaping or a combination of providing part of the required stormwater detention underground and integrating the remainder of the required stormwater detention with required landscaping: two (2) points.

(22) On-site retention of the stormwater from a two-year, 24-hour storm: one (1) point per two thousand (2,000) square feet of impervious surface area retained, up to a maximum of ten (10) points.

(23) Incorporation of best management practices and facilities designed to remove a minimum of ninety (90) percent of sediment, sand, and oil from stormwater prior to release to the city of Lewiston stormwater conveyance system: three (3) points.

(24) Permeable pavement for a parking lot: two (2) points.

(25) High reflectance (cool) pavement material for a parking lot: two (2) points.

(26) Enclosing or otherwise hiding rooftop equipment from view at ground level, or locating rooftop equipment such that it is not visible, within a 100-foot radius of the building footprint: two (2) points.

(27) Preservation of an existing, ground level view from a public street or sidewalk of the Railroad Bridge or Blue Bridge by site planning and/or building design specifically for this purpose: two (2) points.

(28) Historic preservation or enhancement of or contribution to the character of the existing historic district, as determined by the city of Lewiston historic preservation commission (may only be used for property outside of the existing historic district): three (3) points. (Ord. No. 4725, § 6, 11-26-18)

Sec. 37-93.F. Off-street parking requirements and allowances.

(a) Notwithstanding the central business district parking exemptions enumerated in section 37-145 of this code, the minimum number of off-street parking stalls required in the FIB Zone shall be fifty (50) percent of that required by section 37-149 of this code. The reduced parking set forth in section 37-149 of this code for residential and commercial residential uses in the central business district shall not apply to lands within the FIB Zone.

(b) The maximum allowable number of off-street parking stalls shall be one hundred twenty-five (125) percent of that required by section 37-149 of this code; however, this provision shall not apply to parking located in a multi-level parking garage.

(c) Not more than thirty-three (33) percent of the off-street parking provided shall be located between a building and the street; however, this provision shall not apply to the Levee Bypass Road. For a corner lot, the total number of off-street parking spaces located between the building and the two (2) adjoining streets shall not exceed fifty (50) percent.

(d) Parking lots with more than thirty (30) parking stalls shall include improved, delineated pedestrian walkways connecting the parking stalls to the associated building or outdoor use. Such walkways shall be at least three (3) feet wide and constructed of asphalt, concrete, compacted gravel, or other alternative surface that is safe and convenient for pedestrian use.

(e) Parking structures providing parking above a first floor shall be designed and constructed to prevent vehicle headlights from shining directly onto adjoining buildings. (Ord. No. 4725, § 7, 11-26-18)

Sec. 37-93.G. Limitations and prohibitions.

(a) Building footprint. No building footprint in the FIB Zone shall exceed forty-five thousand (45,000) square feet, unless:

(1) The floor area ratio (FAR) is at least one (1); or

(2) The project incorporates use and/or design elements from the list of qualifiers contained in section 37-93.E of this code, whereby the project generates at least six (6) points more than the minimum necessary to qualify for a building permit; or

(3) The building provides pedestrian and vehicular access through the building or between two (2) buildings connected by a shared roof, according to the following:

a. The buildings are attached with a common roof and have a minimum exterior wall separation of ten (10) feet of improved pedestrian walkway and/or improved, useable open space; or

b. The buildings are attached with a common roof and have a minimum exterior wall separation of twenty (20) feet with a minimum 12-foot-wide, one-way driveway and a minimum four-foot-wide sidewalk on each side (This option may be substituted as follows: the buildings are attached with a common roof and have a 28-foot-wide minimum building separation with a 20-foot-wide driveway and a four-foot-wide sidewalk on each side if the driveway width is required by the city of Lewiston fire department to be twenty (20) feet wide); or

c. The buildings are attached with a common roof and have a minimum exterior wall separation of thirty-two (32) feet, with a minimum 24-foot wide, two-way driveway and a four-foot-wide sidewalk on each side.

(b) Properties within the FIB Zone that are also within a designated historic district shall be subject to the adopted rules and procedures of the historic district, in addition to the FIB Zone.

(c) No drive-thru windows or drive-thru service facilities shall be permitted in the FIB Zone.

(d) No detached, single-family residential use as the only use of a building or lot shall be permitted in the FIB Zone.

(e) No homeless shelter shall be permitted in the FIB Zone.

(f) No adult bookstore, adult entertainment facility, or adult theater shall be permitted in the FIB Zone.

(g) No direct train or barge shipping of freight shall be permitted in the FIB Zone (passenger transport is allowed), except for continuation of an existing use, reuse of a train loading dock in an existing building, or expansion of a nonconforming shipping use or building pursuant to section 37-93.B of this code.

(h) No unmitigated particulate matter, as defined or determined by the Environmental Protection Agency or Department of Environmental Quality as being an air pollutant, shall be released into the air within the FIB Zone.

(i) No tractor trailer or shipping container storage that is visible from beyond the property lines of the subject property shall be permitted in the FIB Zone. Any such storage shall be either within a building or covered by a roof and surrounded by sight-obscuring fencing that is at least seven (7) feet tall.

(j) No other outdoor storage shall be permitted in the FIB Zone, except for licensed, registered, operating vehicles; outdoor recreational equipment; outdoor furniture; and other items related to an on-site business that are incidental and ancillary to such business and that are made for outdoor usage related to the type of on-site business.

(k) Barbed and razor wire fencing shall be prohibited within the FIB Zone. (Ord. No. 4725, § 8, 11-26-18)

Sec. 37-93.1. Bryden Avenue Special Planning Area.

(a) Purpose: To provide a special planning area for development of limited commercial use that minimizes impacts on nearby residential uses and fosters creative residential development compatible with anticipated high traffic volumes on Bryden Avenue.

(b) Description: The Bryden Avenue Special Planning Area shall be described with the following boundaries:

This area extends from approximately 5th Street east to 10th Street along Bryden Avenue, and includes land situated between Linden Avenue on the north and Airway Avenue to the south.

(c) The Bryden Avenue Special Planning Area shall be divided into distinct planning areas:

(1) Planning Sub-Area A – Approximately two hundred (200) feet west of 5th Street to 10th Street, inclusive of an area approximately two hundred eighty (280) feet north and south of Bryden Avenue. This is an area defined by Linden Drive on the north, Bryden Drive on the south, 10th Street on the east, and 5th Street to the west, as depicted on the official zoning map of the city of Lewiston.

(2) Planning Sub-Area B – Approximately two hundred (200) feet west of 5th Street to 10th Street, exclusive of the area identified as Planning Area A. (Ord. No. 4372, § 1, 4-11-05)

Sec. 37-93.2. Uses permitted.

(a) Area A: In the Bryden Avenue Special Planning Area A the following uses and their accessory uses are permitted outright subject to standards of Article IV of this chapter:

Planning Area A

(1) Single-family dwellings.

(2) Two-family dwellings.

(3) Multifamily dwellings.

(4) Professional offices.

(5) Bed and breakfast type lodging, limited to six (6) guestrooms.

(6) Retail sales, not including fuel or auto sales, limited to forty thousand (40,000) square feet of gross floor area.

(7) Restaurants; provided, that a restaurant may serve alcohol with meals, but shall not be permitted a separate lounge for serving alcoholic beverages.

(8) Personal services, including repair and maintenance (not related to automobiles or motorcycles).

(9) Public and semi-public uses.

(10) Churches.

(11) Financial institutions.

(12) Hotels, motels.

(13) Conference centers.

In the Bryden Avenue Special Planning Area A the following uses and their accessory uses are permitted when authorized in accordance with Articles IV (Supplementary Regulations) and IX (Conditional Uses) of this chapter:

(1) Restaurants that have separate lounges for serving alcoholic beverages.

(2) Fuel and auto sales.

(3) Commercial entertainment facilities.

(4) Other uses determined to be compatible with the intent, uses, and standards of Planning Area A.

(b) Area B: In the Bryden Avenue Special Planning Area B the following uses and their accessory uses are permitted outright subject to the standards of Article IV of this chapter:

Planning Area B

(1) Single-family dwellings.

(2) Two-family dwellings.

(3) Multifamily dwellings.

(4) Class A manufactured home.

In the Bryden Avenue Special Planning Area B the following uses and their accessory uses are permitted conditional uses when authorized in accordance with Articles IV and IX of this chapter:

(1) Intermediate care facility, subject to the special conditions of section 37-44.1 of this code.

(2) Long-term care facility, subject to the special conditions of section 37-44.1 of this code.

(3) Church, subject to the special conditions of section 37-20.1 of this code.

(4) School, subject to the special conditions of section 37-20.1 of this code.

(5) Family day care, subject to the special conditions of section 37-13.1 of this code. (Ord. No. 4372, § 1, 4-11-05; Ord. No. 4531, § 10, 7-13-09; Ord. No. 4670, § 1, 10-24-16; Ord. No. 4694, § 1, 8-21-17)

Sec. 37-93.3. Lot size.

Within the Bryden Avenue Special Planning Area, lot size shall be determined by individual parcel boundaries, not including public right-of-way:

(1) Planning Area A.

Minimum Lot Size:

None

(2) Planning Area B.

Minimum lot size, single-family dwelling:

7,500 square feet

Minimum lot size, two-family dwelling:

7,500 square feet

Minimum lot size, multifamily dwelling:

7,500 plus 1,500 square feet per unit for every unit over two

Minimum Lot Width:

50 feet

Minimum Lot Depth:

80 feet

(Ord. No. 4372, § 1, 4-11-05)

Sec. 37-93.4. Building height.

(a) Planning Area A.

(1) Commercial structures within thirty-two (32) feet of the boundaries of Planning Area B shall be no greater than sixteen (16) feet in height. Building height may increase one (1) foot for every one (1) foot increase in distance beyond thirty-two (32) feet from the boundaries of Planning Area B. However, this provision shall not apply when the structure in question is on a lot or development site that is under single ownership or control and such lot is divided by the boundary line of the BASPAA and BASPAB zones.

(2) Multifamily structures within thirty-two (32) feet of the boundaries of Planning Area B shall be no greater than sixteen (16) feet in height. Building height may increase one (1) foot for every one (1) foot increase in distance from thirty-two (32) feet from the boundaries of Planning Area B. However, this provision shall not apply when the structure in question is on a lot or development site that is under single ownership or control and such lot is divided by the boundary line of the BASPAA and BASPAB zones.

(3) Maximum building height shall not exceed forty-five (45) feet.

(b) Planning Area B. Maximum building height shall not exceed thirty-five (35) feet. (Ord. No. 4372, § 1, 4-11-05; Ord. No. 4657, § 1, 6-13-16)

Sec. 37-93.5. Setbacks and yards.

(a) Planning Area A.

(1) Front: Within Planning Area A, the front yard shall be considered that area adjacent to Bryden Avenue along the length of the Bryden Avenue right-of-way. A front yard shall be minimum five (5) feet in depth.

(2) Rear: Within Planning Area A, the rear yard shall be considered that area furthest from and parallel to Bryden Avenue. Where a structure containing a commercial use abuts Planning Area B, the commercial structure must be set back a minimum fifteen (15) feet from the property line or thirty-five (35) feet from an established residential structure within Planning Area B, whichever is greater.

(3) Side: Within Planning Area A, there shall be no minimum side yard.

(4) Dedication of right-of-way: Dedication to the city of a minimum ten (10) feet of property abutting and parallel to Bryden Avenue shall be required of development along Bryden Avenue. Dedication shall be required at the time of new development or at major remodeling.

(b) Planning Area B.

(1) Front yards: minimum fifteen (15) feet.

(2) Rear yards: minimum fifteen (15) feet.

(3) Side yards: minimum five (5) feet, and the total of both side yards shall be ten (10) feet. (Ord. No. 4372, § 1, 4-11-05)

Sec. 37-93.6. Standards for development.

(a) Planning Area A.

(1) Lots.

a. Commercial development shall be restricted to those properties with a minimum fifty (50) feet of dedicated access to Bryden Avenue.

b. Access easements shall not be considered dedicated access.

(2) Structures.

a. Building facades fronting Bryden Avenue shall have a minimum fifteen (15) percent window area on the Bryden Avenue side of the building.

b. Facades greater than fifty (50) feet in length shall incorporate wall plane projections extending over twenty (20) percent of the length of the facade. Plane projections shall be a minimum three (3) inches in depth and a minimum height equal to twenty-five (25) percent of the height of the wall.

c. Building facades shall include at least two (2) of the following at a ratio of four to one (4:1):

1. Color change,

2. Texture change,

3. Building material change.

d. All roofs shall give the appearance of a hip or gable roof with a minimum 3:12 pitch. Gable or hip roof treatments or dormers shall be used to conceal flat roofs. All such roof treatments shall be sufficient to hide rooftop equipment from view at grade.

e. Gable and hip roofs shall include eaves a minimum eighteen (18) inches in length measured from the intersecting wall.

f. No external, amplified loudspeakers may be installed, except as allowed with a use permitted as a conditional use.

(3) Landscaping and screening.

a. A five (5) foot landscaped strip shall be planted along the entire length of the Bryden Avenue right-of-way at the time of new construction or major remodeling. The landscaped strip shall include trees as follows:

b. Trees shall be placed along rights-of-way every thirty-five (35) feet;

c. Tree species shall be limited to:

1. Frontier elm (Ulmus frontier);

2. Littleleaf linden (Tilia cordata);

3. “Green vase” zelkova (Zelkova serrata);

4. Other species approved by the community development director in consultation with the urban forester.

(4) Property in commercial use and abutting residential uses shall have a sight-obscuring fence or landscaping along the property boundary adjacent to those residential uses.

(5) Parking areas abutting residential uses in Planning Area B shall have a five (5) foot landscaped buffer between the parking area and residential uses in addition to subsection (a)(2) of this section.

(6) Where required parking is located wholly to the side or rear of the primary structure, the required landscape buffer between the parking area and residential uses may be decreased by two (2) feet of width.

(7) All lighting shall be shielded from residential uses and shall not trespass upon residential uses.

(8) The following parking standards shall apply:

a. Multifamily dwellings, two (2) spaces per dwelling unit.

b. Offices, including medical offices; retail sales and service; personal services; financial institutions:

1. One (1) space per two hundred fifty (250) square feet of usable office space, examination room, reception area (including lobby), sales area, display area, or service area;

2. No parking in excess of fifty (50) percent of required parking may be placed in the front of the primary structure.

c. Bed and breakfast type lodging, limited to six (6) guestrooms, one (1) space per guestroom plus one (1) space per dwelling unit.

d. Restaurant, including lounge:

1. One space per four (4) seats;

2. No parking in excess of fifty (50) percent of required parking may be placed in the front of the primary structure.

e. In addition to design standards provided in sections 37-146 to 37-148 and sections 37-151 to 37-155 of this chapter:

1. Where parking areas contain three (3) or more parking aisles, pedestrian walkways through the parking area separate from vehicle travelways shall be installed;

2. Such pedestrian walkways shall be incorporated into the required interior landscaping, if any.

f. Stormwater controls shall be incorporated into required landscaped buffers.

g. Reduction in parking stall size may be allowed upon approval of the city engineer.

(9) New construction or major remodeling within Planning Area A shall require a statement of anticipated traffic generation signed and stamped by a design professional licensed in the state of Idaho. The statement of traffic generation shall include:

a. A statement of anticipated average trips per day;

b. A statement of anticipated peak-hour trips.

Within fifteen (15) days of submittal of the statement of anticipated traffic generation, the city engineer shall determine if a traffic impact analysis meeting city of Lewiston standards will be required. Implementation of the recommendations of a traffic impact analysis shall be the responsibility of the applicant/developer, unless otherwise determined by the city manager.

(10) Signage for individual businesses shall meet the requirements of Chapter 30 of this code.

a. The number of freestanding signs, as defined in Chapter 30 of this code, shall be limited to one (1) per two hundred (200) linear feet of Bryden Avenue frontage;

b. Maximum sign height for such freestanding signs shall not exceed thirty (30) feet.

(b) Planning Area B.

(1) Structures: Residential building facades, excluding the facades of accessory structures, fronting local residential and residential collector streets shall have a minimum fifteen (15) percent window area on the street side of the building.

(2) All roofs shall be hip or gable with a minimum 3:12 pitch.

(3) Roofs shall include eaves a minimum eighteen (18) inches in length measured from the intersecting wall.

(4) All required off-street parking shall be paved with an asphalted material acceptable to the city engineer.

(5) Required off-street parking for multifamily dwellings shall meet the parking lot requirements of sections 37-151 to 37-155. (Ord. No. 4372, § 1, 4-11-05; Ord. No. 4462, § 1, 12-11-06; Ord. No. 4692, § 13, 10-30-17)

37-93.7

Reserved.

Editor’s note – Ord. No. 4670, § 2, adopted October 24, 2016, repealed § 37-93.7, pertaining to notification of construction or major remodeling in the heavy industrial zone, which derived from Ord. No. 4372, § 1, adopted April 11, 2005.

Sec. 37-93.8. Access, streetscape, and sidewalks.

(a) Planning Area A.

(1) Access to/from Bryden Avenue shall be limited to:

a. One (1) access per one hundred (100) linear feet of curb as measured from the edge of right-of-way at the intersection of Bryden Avenue and streets designated as arterials or residential collectors;

b. Or, where access to a property from Bryden Avenue would be eliminated by subsection (a)(1)(a) of this section, a single access shall be allowed to the property no more than twenty-six (26) feet in width.

(2) Access driveways to a single parcel to/from Bryden Avenue may not exceed twenty-six (26) feet in width.

(3) Access driveways to multiple parcels to/from Bryden Avenue may not exceed thirty (30) feet in width.

(4) No vehicle access from/to Bryden Drive or Linden Drive shall be allowed, except where required for emergency vehicles.

(5) Planter strips a minimum of five (5) feet wide shall be incorporated into the right-of-way of Bryden Avenue and separate the sidewalk from the street, unless otherwise determined by the city manager.

(6) Planter strips shall contain one (1) street tree every thirty-five (35) feet. Street tree species shall be limited to:

a. Frontier elm (Ulmus frontier);

b. Littleleaf linden (Tilia cordata);

c. “Green vase” zelkova (Zelkova serrata);

d. Other species approved by the community development director in consultation with the urban forester.

(7) Sidewalks shall be constructed to standards published as City of Lewiston Standard Drawing D-4A (Residential Collector), Option 1 or Option 2, as determined by the public works director or his/her designee. Option 1 will be utilized unless existing sidewalk placement makes Option 1 unsafe or impractical.

(b) Planning Area B.

(1) No commercial access to local residential or residential collector streets shall be allowed across property with an established residential use.

(2) At the time of new construction or major remodeling, sidewalk and curbing shall be installed along all rights-of-way abutting the subject property or properties. (Ord. No. 4372, § 1, 4-11-05; Ord. No. 4522, § 1, 11-24-08)

PLANNED UNIT DEVELOPMENT ZONE PUD3

Sec. 37-94. Planned Unit Development (PUD) Zone.

(a) Purpose:

(1) To allow a planned and coordinated mix of land uses which are compatible and harmonious, but heretofore not permitted under conventional zoning procedures;

(2) To encourage a more creative and efficient utilization of land, a concentration of open space in more usable areas, and a preservation of the natural resources of the site;

(3) To allow a variety in the types of environment available to the people of Lewiston;

(4) To provide the means for greater creativity and flexibility in environmental design than is provided under the strict application of the zoning and subdivision ordinances, while at the same time preserving the health, safety, order, and general welfare of the city of Lewiston and its residents;

(5) To encourage the overall planning and designing of large land areas;

(6) To provide a better means of cooperation between the city of Lewiston and private developers in the urbanization of new lands and the renewal of existing deteriorated or underutilized areas. (Ord. No. 4270, § 3, 10-30-00)

Sec. 37-95. Designation.

All planned unit development districts shall be so designed on the official zoning maps and records of the city. (Ord. No. 4270, § 3, 10-30-00)

Sec. 37-96. Regulation.

(a) The tract of land for which a planned unit development project is proposed shall be a minimum of five (5) acres. Areas of less than five (5) acres may qualify as a planned unit development project if the applicant can show to the planning commission that the waiver of this requirement is in the public interest and that at least one (1) of the following conditions exist:

(1) Unusual physical features of the site or the surrounding neighborhood are such that development under the standard zoning provisions would not conserve the unique physical features of the site or would not allow functional or environmental compatibility with the surrounding neighborhood.

(2) The site is adjacent to an area which has been developed under the provisions of the planned unit development district and will contribute to the amenity and functionality of the neighborhood.

(b) Application for a planned unit development designation shall be made by the owner or owners of the property, except that an option holder may apply for the planned unit development designation provided the application is accompanied by a signed statement indicating no objection to this designation from the owner or owners.

(c) The proposed land uses are to be mutually harmonious, compatible with adjacent land uses, and in agreement with the adopted comprehensive plan.

(d) Variances from traditional zoning requirements are to be granted when they are consistent with the purposes of this section, provide greater functionality and higher amenity to the neighborhood, and are in the interest of the neighborhood and entire community.

(e) Private roadways shall be permitted within the project, provided they are approved by the city council and are installed to city specifications for similar public streets.

(f) Sidewalks shall be required within the project in accordance with city standards.

(g) During development the developer is to comply with all the requirements of the city regarding lighting, noise abatement, traffic control and regulation, maintaining order, and keeping the premises free from debris. After development the owner shall be responsible for the same. (Ord. No. 4270, § 3, 10-30-00)

Sec. 37-97. Administrative procedure.

(a) Approval is to be obtained for a planned unit development project (hereinafter referred to as PUD) in two (2) stages. First, the planning and zoning commission and city council are to review and give approval to a concept development plan for the total area of the proposed PUD district. Then approval is to be obtained for a detailed development plan by the community development department for the total area, or for sub-areas of the PUD district. If desired by the developer, the concept development plan and the detailed development plan can be approved concurrently.

(b) Concept development plan:

(1) The proponents of a PUD project shall submit a concept development plan to the planning department for review, comments, and recommendations. A fee shall be charged in accordance with section 37-188 of this code. An application shall be submitted, along with two (2) twenty-four-inch by thirty-six-inch prints and one (1) eight-and-one-half-inch by eleven-inch print of the plan, and shall be submitted at least twenty (20) working days prior to the planning and zoning commission meeting at which time it shall be considered.

(2) The concept development plan shall consist of the following (see required format):

a. A legal description of the area;

b. A map showing existing structures and features of the proposed site;

c. A map, drawn to scale, showing the proposed site and its proposed land uses, and the adjacent properties and their present urban or projected urban land uses;

d. Development densities, lot coverage, and building heights, if applicable, for each sub-area within the proposed site;

e. A map showing the major transportation routes within and serving the site;

f. Proposed open space and source of public utilities;

g. An outline for the anticipated schedule and sequence of development of the sub-areas for the total PUD district.

(3) In reviewing the plan, the city planner shall determine if the proposed development is consistent with the intended purposes of the PUD district, with the city comprehensive plan and is beneficial to the overall development of the city of Lewiston. The city planner is to submit the proposed plan and staff report findings to the city planning and zoning commission.

(4) The proponents of the PUD project will secure the approval of the PUD district designation (concept development plan) from the planning and zoning commission and the city council by the procedure outlined in section 37-184 of this code.

(5) Approval of a concept development plan of a PUD is an agreement between the city of Lewiston and the developer, or future developers, as to the land use pattern and intensity of development to occur within the project boundaries. Approval of the concept development plan will constitute a PUD zoning district with the full legal approval of the stated land use, but no building permit may be obtained from the community development department until submittal and approval of the detailed development plan. This agreement shall be in the form of an ordinance approved by the city council supplemented with a development agreement which will contain any conditions of approval and standards of development that may be set by the council.

(6) Upon final approval of the concept development plan, the developer shall submit the development in an electronic form acceptable to the city of Lewiston, one (1) twenty-four-inch by thirty-six-inch reproducible print and one (1) eleven-inch by seventeen-inch print of the approved plan to the community development department.

(7) Upon the final approval of the concept development plan, the developer may, at the developer’s option, construct roads and utilities and submit plats on all or part of the PUD, in accordance with the approved concept development plan. Building permits shall not be issued for buildings or other structures within the PUD until a detailed development plan has been submitted and approved.

(c) Detailed development plan:

(1) In order to secure a building permit within a PUD district for a proposed sub-area, the applicant will submit to the community development department a detailed development plan of any or all sub-areas. A fee of two hundred dollars ($200.00) shall accompany all detailed development plan applications. The detailed development plan shall be submitted for approval to the community development department. An application shall be submitted along with two (2) twenty-four-inch by thirty-six-inch prints and one (1) eight-and-one-half-inch by eleven-inch print of the plan.

(2) The community development director shall consult with the appropriate officials and agencies of local government; a report will subsequently be prepared setting out whether or not the detailed development plan meets the requirements of the concept plan, city code, and the Lewiston comprehensive plan. The report shall be transmitted to the applicant either verbally or in writing within twenty (20) working days from the date it is received.

(3) The detailed development plan shall consist of the following:

a. A subdivision plat or replat (as appropriate) of the area under consideration. Fees for subdivisions shall be as set forth in section 32-7 of this code.

b. A map of the proposed site illustrating the following (see required format):

1. Size, location, and arrangement of proposed buildings;

2. Parking areas and streets (including cross-sections thereof), sidewalks, and other transportation facilities;

3. Landscaping, screening and storm water drainage pattern;

4. Common open spaces and recreational area;

5. Proposed public and private water, sanitary sewer, storm sewer, lightning, and any other utilities.

c. A written statement outlining the ownership and maintenance responsibilities of the common areas, open spaces and recreational areas, and documentation of the same.

d. An illustration of the architectural style and appearance of the proposed building or buildings.

e. The proponents of the planned unit development (detailed development) project shall secure approval from the community development department.

f. Upon approval by the community development department, the detailed development plan is attached to, and is part of, the ordinance establishing the zoning designation of the land.

(4) Upon final approval of the detailed development plan, the developer shall submit in an electronic form acceptable to the city of Lewiston, one (1) twenty-four-inch by thirty-six-inch reproducible print and one (1) eleven-inch by seventeen-inch print of the approved plan to the community development department.

(d) Amendment to a planned unit development:

(1) Any material change in land use or increase in development density or intensity of ten (10) percent or more, in an approved concept development plan, will require a resubmission to the city planning and zoning commission and the city council by the procedures defined in section 37-184 of this code. The proposed change, if approved, will become an amendment to the approved plan.

(2) A fee of two hundred dollars ($200.00) shall accompany the request.

(3) An application shall be submitted, along with two (2) twenty-four-inch by thirty-six-inch prints of the proposed amended plan and one (1) eight-and-one-half-inch by eleven-inch print of the plan, and shall be submitted at least twenty (20) working days prior to the planning and zoning commission meeting at which the same shall be considered.

(4) Upon final approval of the proposed amended concept development plan, the developer shall submit the revised development in an electronic form acceptable to the city of Lewiston, one (1) twenty-four-inch by thirty-six-inch reproducible print and one (1) eleven-inch by seventeen-inch print of the approved plan to the community development department.

(e) Amended detailed development plan:

(1) Changes in the approved detailed development plan involving rearrangement of structures; building size modifications; change in location of open spaces, signage, sidewalks, parking spaces, bikeways, access; setback requirements; impervious surface area; and landscaping may be authorized by the community development department when such special changes are consistent with the design intent of the approved detailed development plan.

(2) Changes involving the storm water drainage pattern, the locations or relocations of utilities, and construction or modifications of public works within the PUD may be authorized by the public works department.

(3) An application shall be submitted, along with two (2) twenty-four-inch by thirty-six-inch prints of the revised plan.

(4) Upon final approval of the proposed amended detailed development plan, the developer shall submit the detailed development plan in an electronic form acceptable to the city of Lewiston, one (1) twenty-four-inch by thirty-six-inch reproducible print and one (1) eleven-inch by seventeen-inch print of the approved plan to the community development department.

(f) Appeal process for detailed development plans: Any person aggrieved by any final decision of the community development department and/or the public works department denying any application permit or approval relating to a detailed development plan may initiate an appeal to the planning and zoning commission in conformance with section 37-185 of this code. (Ord. No. 4270, § 3, 10-30-00; Ord. No. 4389, § 1, 2-14-05; Ord. No. 4531, § 11, 7-13-09)

AIRPORT ZONE A

Sec. 37-98. A Airport Zone.

(a) Purpose: To provide for uses, buildings, and structures in which airport or aviation related facilities may be installed and used, including taxiways and runways, commercial aviation, general aviation, terminal buildings, aircraft hangars, air navigation aids, related accessory uses and other uses, structures, and facilities as may be compatible with and useful to the airport. Development shall be in conformance with the adopted Airport Master Plan and Federal Aviation Administration regulations. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 51, 10-25-99; Ord. No. 4497, § 1, 1-7-08)

Sec. 37-99. Uses permitted outright.

In an “A” Zone, the following uses and their accessory uses are permitted when they are in conformance with the standards and requirements of this chapter and the adopted Airport Master Plan, and when they have received written authorization from the Lewiston city council and board of commissioners of Nez Perce County, Idaho, as owners of the Lewiston-Nez Perce County Airport.

(1) Commercial aviation uses;

(2) Hangars, public and private;

(3) Municipal terminal building;

(4) Navigation aids;

(5) Repealed by Ord. No. 4497;

(6) Taxiways, runways and aprons;

(7) Any conditional use hereafter listed when located within the terminal building;

(8) Agricultural uses;

(9) Recreational or cultural facility associated with aviation uses;

(10) Recreational vehicle park, subject to the standards of Chapter 23, Article II of this code;

(11) Public use;

(12) Air freight carriers;

(13) Mini-storage units;

(14) Light industrial uses, consisting of manufacturing, fabricating, processing, repairing, packing or storage; including industrial park uses and warehousing consistent with light industrial uses;

(15) Eating and drinking establishment;

(16) Semi-public use;

(17) Fueling center, including convenience retail sales not to exceed two thousand (2,000) square feet of retail sales area. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 52, 10-25-99; Ord. No. 4497, § 1, 1-7-08; Ord. No. 4698, § 18, 10-30-17)

Sec. 37-100. Conditional uses permitted.

In an “A” Zone, the following uses and their accessory uses are permitted when they are in conformance with the standards and requirements of this chapter and the adopted Airport Master Plan, and when they have received written authorization of the Lewiston city council and board of commissioners of Nez Perce County, Idaho, as owners of the Lewiston-Nez Perce County Airport prior to the submittal of a request for a conditional use permit:

(1) Business or professional offices;

(2) Barber or beauty shop;

(3) Repealed by Ord. No. 4497;

(4) Repealed by Ord. No. 4497;

(5) Motel or hotel;

(6) Retail store not associated with a fueling center. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 53, 10-25-99; Ord. No. 4497, § 1, 1-7-08)

Sec. 37-101. Height of buildings.

In an “A” Zone, no building shall exceed a height of forty-five (45) feet or three (3) stories, except a flight control building. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4497, § 1, 1-7-08)

Sec. 37-102. Airport specific standards.

In an “A” Zone, airports may adopt and enforce design standards separate from and not listed within this chapter. All construction must meet the design standards adopted by the governing body of the airport in addition to the standards listed here. Where design or site standards of the airport may conflict with standards of this chapter, the standards of the airport shall supersede those of this chapter. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4497, § 1, 1-7-08)

Sec. 37-103. Yards.

(a) In an “A” Zone, a yard abutting a residential zone shall be a minimum of fifty (50) feet.

(b) In an “A” Zone, a yard abutting a commercial zone, or a legally established commercial use in a residential zone, shall be fifteen (15) feet, all of which shall be landscaped in accordance with a landscape plan approved by the community development director. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4257, § 1, 11-22-99; Ord. No. 4497, § 1, 1-7-08)

Sec. 37-104. Definitions.

The following definitions apply to this article:

Airport shall mean the Lewiston-Nez Perce County Airport.

Approach surface shall mean the area that extends for ten thousand (10,000) feet of the east end of Runway 26 at the airport as depicted on the official Approach and Clear Zone Plan Map. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4497, § 1, 1-7-08)

Sec. 37-105. Adoption of official map.

There is hereby adopted the official Approach and Clear Zone Plan Map for the city of Lewiston. Originals of said map shall be kept on file in the office of the airport manager for the Lewiston-Nez Perce County Airport. Said maps shall accurately depict for public inspection the height limitations adopted hereafter. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4497, § 1, 1-7-08)

37-106

Reserved.

Editor’s Note – Ord. No. 4497, § 1, adopted Jan. 7, 2008, repealed § 37-106, relating to approach surface height limitations, which derived from Ord. No. 4108, § 2, adopted Aug. 15, 1994.

Sec. 37-107. Transitional surface and horizontal surface height limitation.

No manmade structure or object or natural growth shall exceed one hundred (100) feet in height, measured at the location of the structure or object, in the transitional surface and horizontal surface areas of the airport as depicted by the official Approach and Clear Zone Plan Map. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4497, § 1, 1-7-08)

Sec. 37-108. Violations.

(a) Manmade structures that violate the provisions of this article are declared a public nuisance and constitute a misdemeanor as provided in section 37-193 of this chapter.

(b) Objects of natural growth that violate the provisions of this article are declared a public nuisance and constitute a misdemeanor as provided in section 37-193 of this chapter. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4497, § 1, 1-7-08)

PORT ZONE P

Sec. 37-109. Port Zone P.

(a) Purpose: To provide zoning for uses, buildings and structures in which port facilities may be installed and used for port or port oriented development. Port facilities may include the following in accordance with the comprehensive plan for port development as adopted or amended by the Port of Lewiston, Idaho: Piers, wharves, cranes, derricks, railroad spurs, aprons, transit storage, dolphins, and other uses, buildings, and structures which may be compatible with and useful to the development of the port. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 54, 10-25-99)

Sec. 37-110. Uses permitted outright.

In the “P” Zone, the following uses and their accessory uses are permitted when they are in conformance with the standards and requirements of Article IV of this chapter:

(1) Auto, manufactured home, recreational, heavy equipment sales and service;

(2) Boat sales and marina;

(3) Chemical and fertilizer storage, blending and distribution facilities;

(4) Commercial entertainment facility – indoor;

(5) Commercial marina;

(6) Commercial or industrial laundry;

(7) Concrete or concrete products manufacturing;

(8) Eating and drinking establishments;

(9) General contracting and storage yard;

(10) Grain storage;

(11) Greenhouses and nursery;

(12) Manufacturing, fabricating, processing, repairing, packing or storage except a use specifically listed as a conditional use in the M-2 Zone;

(13) Mineral storage;

(14) Mini-storage;

(15) Offices;

(16) Petroleum products storage and distributing facilities;

(17) Port facilities as described above;

(18) Public uses which uses are similar to other permitted uses in this zone;

(19) Recycling center;

(20) Retail sales and service;

(21) Service station;

(22) Solid waste handling facilities;

(23) Telecommunications towers, subject to the standards of section 37-13.1(4) of this code;

(24) Alternative telecommunications towers, subject to the standards of section 37-163(2) of this code;

(25) Tire recapping;

(26) Transportation facilities;

(27) Truck terminal;

(28) Veterinary clinic or kennel;

(29) Warehouse;

(30) Wholesale distribution;

(31) Wood processing plant;

(32) Wood products storage. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4160, § 1, 6-3-96; Ord. No. 4249, § 55, 10-25-99; Ord. No. 4322, § 4, 12-9-02; Ord. No. 4387, § 5, 2-14-05)

Sec. 37-111. Conditional uses permitted.

In a “P” Zone, the following uses and their accessory uses are permitted when authorized in accordance with the provisions of Articles IV and IX:

(1) Other public use;

(2) Semi-public use;

(3) Scrap metal storage;

(4) Asphalt plant;

(5) Meat packing plant excepting stockyards;

(6) Cement manufacturing;

(7) Chemical storage and manufacturing, including farm fertilizers;

(8) Rendering plant;

(9) Heliport;

(10) Quarrying;

(11) Other manufacturing uses which are not permitted outright but which are consistent with the purpose of the port zone and are not detrimental to any of the outright permitted uses or other existing conditional uses. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4160, § 2, 6-3-96; Ord. No. 4249, § 56, 10-25-99)

Sec. 37-112. Limitations on use.

In a “P” Zone, the following limitations on use shall apply:

(1) Any use which creates a nuisance because of noise, smoke, odor, dust or gas is prohibited.

(2) Materials shall be stored and grounds maintained in a manner which will not attract or aid the propagation of insects or rodents or otherwise create a health hazard.

(3) All service, processing, and storage on property abutting or facing a residential zone or a through highway shall be wholly within an enclosed building or screened from view from the residential zone or a through highway by a permanently maintained, sight obscuring fence at least eight (8) feet high.

(4) Access from a public street to properties in the “P” Zone shall be so located as to minimize traffic congestion and avoid directing industrial traffic onto residential streets.

(5) Building entrances or other openings adjacent to a residential or commercial zone shall be prohibited if they cause glare, excessive noise, or otherwise adversely affect the use or value of the adjacent property.

(6) Effluent from permitted uses cannot be returned to the rivers without prior treatment or processing to insure compliance with existing city ordinances and state and federal pollution control standards. (Ord. No. 4108, § 2, 8-15-94)

BILLBOARD OVERLAY ZONE BB

Sec. 37-113. BB Billboard Overlay Zone.

(a) Purpose: The purpose of the Billboard Overlay Zone is to permit the construction and maintenance of billboards in limited areas within the city according to specified standards. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-114. Standards.

(a) Any billboard constructed hereunder shall be located adjacent to a roadway designated as part of the Billboard Overlay Zone according to the official zoning map of the city of Lewiston and in a location approved by the planning and zoning commission.

(b) A conditional use permit shall be required to construct a billboard. An applicant shall apply for a conditional use permit as provided in Article IX of this chapter. In determining whether to grant or deny a conditional use permit for a billboard, the planning and zoning commission shall consider compliance with the standards contained in Chapter 30 of this code; whether the billboard would substantially block the view of any existing sign from the public right-of-way; and, if the billboard is an illuminated sign, whether the billboard complies with industry practices for eliminating or reducing up-lighting and light trespass. For purposes of this section, billboard, sign, public right-of-way, and illuminated sign shall have the same meanings as defined in Chapter 30 of this code.

(c) The construction, modification, repair, and demolition of a billboard shall comply with the provisions and procedures set forth in Chapter 30 of this code. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4692, § 14, 10-30-17)

CONTRACT ZONING AGREEMENTS

Sec. 37-115. Contract zoning agreements.

(a) Purpose: Contract zoning agreements are development agreements which are a discretionary tool to be used by the city. Contract zoning agreements would allow a specific project with a specific use and/or development scheme on real property in an area which may not be appropriate for all uses allowed or conditional uses in the requested zone. Approval of the contract zoning agreement, pursuant to this article, would permit the zoning or rezoning requested but such zoning or rezoning will be conditioned on the performance of the provisions of the terms of the contract zoning agreement. No contract zoning agreement shall be enacted which would allow permitted uses or conditional uses for the zone which would not otherwise be allowed in that zone. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-116. Implementation.

(a) A contract zoning agreement may be permitted or required at the discretion of the planning and zoning commission and the city council for the zoning or rezoning of a particular parcel of real property or collection of parcels of real property through the following methods:

(1) Application of the owner or developer of the real property;

(2) Upon recommendation of the community development director at any stage during the zoning or rezoning process, whether or not the developer made application for a contract zoning agreement;

(3) By decision of the commission or the council at any stage during the zoning or rezoning process, whether or not the owner or developer made application for a contract zoning agreement or it was recommended by the community development director.

(b) The commission or the council may require a contract zoning agreement be executed to allow a particular project to proceed, if, in the opinion of the commission or council:

(1) The proposed land use zone would allow undesirable land uses or development schemes for the character of the real property in question or the surrounding neighborhood; and

(2) The specific project and/or use contemplated by the application before the commission or council has value to the community and is an appropriate project or use for the real property.

(c) In the event, during the zoning or rezoning process, the commission determines that a contract zoning agreement should be entered into, the commission shall retain jurisdiction of the zoning or rezoning process, defer consideration of the application before the commission and set a time limit for the submittal of the contract zoning agreement.

(d) In the event, during the zoning or rezoning process, the council determines that a contract zoning agreement should be entered into, the council shall remand the matter back to the commission for submittal of the contract zoning agreement, set time limits for the submission of the contract zoning agreement and give whatever direction to the commission as it deems appropriate.

(e) All time limits set pursuant to this section may be extended upon an affirmative vote of the commission or council. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-117. Form of agreement.

(a) Agreement between city and developer. Prior to the approval by the city council of the contract zoning agreement, the developer or owner shall execute an agreement between himself and the city which shall be reviewed and approved for form by the city attorney prior to action by the city council and shall address the following:

(1) Identification of uses to be allowed under the contract zoning agreement;

(2) Identification of development standards that shall be required under the contract zoning agreement;

(3) Planned implementation of improvements and planned construction schedule.

(b) Adherence to approved plans. The improvements and standards approved in the contract zoning agreement shall be constructed as approved unless an amendment to the agreement is approved by the city council;

(c) Disposition of abandoned or uncompleted work. The agreement shall identify means by which the project may be completed if abandoned or uncompleted under the original agreement.

(d) Any other matter mutually agreeable to the council and developer.

(e) A provision that failure to comply with the terms of the contract zoning agreement shall be deemed a consent of the owner and developers to rezone the real property to the initial zone existing immediately prior to the execution of the contract zoning agreement or to any zone recommended by the commission and approved by the council to reflect changes that may have occurred in the land uses since the approval of the contract zoning agreement. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-118. Approval of contract zoning agreements.

(a) Contract zoning agreements may be approved at the sole discretion of the city council following a public hearing on the related zone change application.

(b) After the public hearing the commission or the council may add conditions and terms to the contract zoning agreement.

(c) After approval of the contract zoning agreement by the council, it shall not become effective until adoption and publication of the zone change ordinance and execution of the contract zoning agreement by all parties.

(d) Following approval and execution of the contract zoning agreement, the city clerk shall cause said contract zoning agreement to be recorded in the office of the Nez Perce County Recorder. The contract zoning agreement and all conditions, terms, duties and obligations included in said agreement shall be an encumbrance on the real property. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-119. Duty to comply with contract zoning agreement.

An owner, co-owner, developer, agent of owner or developer, assignee of owner or developer and all subsequent owners or developers of the real property that is encumbered by the contract zoning agreement shall comply with all conditions, terms, obligations, and duties contained in said agreement. Failure to comply shall subject the real property to the provisions of section 37-121 and section 37-122 of this chapter. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-120. Modification of contract zoning agreement.

Contract zoning agreement may be modified in the sole discretion of the city council upon proper notification of the owner or developer and after public hearing and notice as required by section 37-184(b)(2) of this chapter. A modification shall not allow a use that is not an outright use or conditional use in the existing land use zone of the real property as set forth in the Contract Zoning Agreement. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-121. Termination of contract zoning agreement.

(a) Upon a preliminary finding by the city council of noncompliance of a contract zoning agreement by the owner or developer of real property encumbered by said agreement, the council shall establish a date for a public hearing on said noncompliance. Notice of said public hearing shall be given pursuant to section 37-184(b)(2) of this chapter.

(b) After the public hearing the city council, in its sole discretion, shall adopt, by majority vote, a written decision with appropriate findings. The decision of the council shall:

(1) Find the owner and/or developer is in compliance with the contract zoning agreement and find that said agreement shall continue in force, or

(2) Find the owner and/or developer is in noncompliance and direct the owner and/or developer to make a proper application to modify the contract zoning agreement as provided in section 37-120 of this chapter, or

(3) Find the owner and/or developer is in noncompliance and terminate the contract zoning agreement.

(c) In the event the city council terminates the contract zoning agreement, the city council shall adopt an ordinance reverting the real property that was encumbered by the contract zoning agreement to the initial land use zone applicable to the real property prior to the adoption of the contract zoning agreement. All uses which are not consistent with said initial zone shall cease and shall not be considered a pre-existing use. The owner or developer may apply for a conditional use permit for uses which are allowable conditional uses in said initial zone. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-122. Enforcement.

Contract zoning agreements may be enforced by the city through any means deemed to be appropriate, including, but not limited to, specific enforcement, injunctive relief, monetary damages, criminal penalties and/or termination as provided in section 37-121 of this chapter. Enforcement options available to the city shall not be considered exclusive. (Ord. No. 4108, § 2, 8-15-94)

ARTICLE IV. SUPPLEMENTARY REGULATIONS

Sec. 37-123. Numerical standard deemed met.

Any numerical standard contained in this chapter shall be deemed met when within one (1) percent of the numerical standard; however, this provision shall not be applied in conjunction with the rounding of fractions specified in section 37-123.1 of this code. (Ord. No. 4676, § 25, 11-28-16)

Sec. 37-123.1. Fractions of a dwelling unit or parking space.

In calculating the allowable number of dwelling units on a lot based on lot area, and in calculating the required number of parking spaces based on land use, any fraction of a dwelling unit or parking space that is sixty-six-one-hundredths (0.66) or less shall be rounded down to the next whole number, and any fraction of a dwelling unit in excess of sixty-six-one-hundredths (0.66) shall be rounded up to the next whole number. (Ord. No. 4676, § 25, 11-28-16)

Sec. 37-123.2. Lot access.

Every lot shall abut an improved public street right-of-way, other than an alley, to an improvement standard accepted by the city engineer, for at least the width of:

(1) The minimum allowed width of a lot in the zoning district; or

(2) The minimum allowed width for access provided for in standards for flag lots, section 37-124 of this code; or

(3) If the lot is in a zoning district that has no minimum lot width and is not a flag lot, then twenty (20) feet; or

(4) In the case of a private street approved by the city council through a subdivision plat, each lot shall hold a recorded access easement and maintenance agreement for that lot’s share of access and maintenance of the street. Alternately, access and maintenance may be shared by each lot in the subdivision through homeowner association ownership of the street. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4498, § 1, 1-7-08; Ord. No. 4676, § 26, 11-28-16)

Sec. 37-124. Standards for flag lot development.

(a) Purpose: Flag lots are intended to allow limited development of deep interior lots that may otherwise be underused. They shall be permitted only when the shape of the parcel being developed precludes the use of private or public streets.

(b) No turns or corners shall be allowed in the flagpole connecting the flag lot to the public right-of-way.

(c) No more than one flag lot may be created unless the property is being subdivided by use of the preliminary and final plat process as identified in Chapter 32 of this code.

(d) Minimum width requirements and construction standards for flagpoles shall be:

(1) Where a single flagpole is created that does not abut any other flagpole:

a. The minimum flagpole width for each flag lot shall be twenty (20) feet in width;

b. The flagpole shall be constructed as an approved fire department access road where the front lot line of a flag lot is in excess of one hundred fifty (150) feet from the edge of the public right-of-way; or

c. The flagpole may be constructed of gravel or similar durable surfacing if an approved fire department access road is not required.

(2) Where two (2) flagpoles are created that abut each other:

a. The minimum flagpole width for each flag lot shall be fifteen (15) feet;

b. A shared driveway a minimum twenty (20) feet in width shall be designed and constructed to specifications of the approved driveway design of the Lewiston Engineering Standard Drawings as directed by the city engineer;

c. A single shared access to the public right-of-way shall be constructed as provided in Lewiston Engineering Standard Drawings #ST-5, or as directed by the city engineer.

(3) Where more than two (2) flagpoles are created that abut each other:

a. The minimum flagpole width for each flag lot shall be ten (10) feet;

b. A shared driveway a minimum twenty (20) feet in width shall be designed and constructed to specifications of the approved driveway design of the Lewiston Engineering Standard Drawings as directed by the city engineer;

c. A single shared access to the public right-of-way shall be constructed as provided in Lewiston Engineering Standard Drawings as directed by the city engineer.

(4) Where shared driveways are required or provided, mutual maintenance agreements and nonexclusive access easements shall be submitted for review at the time of submittal of a final plat creating more than one (1) flag lot, and incorporated into deeds for each lot.

(5) Approved fire department access roads may be shared by abutting properties using a shared driveway.

(6) No more than three (3) flagpoles shall be abutting.

(7) No more than six (6) dwelling units may be accessed by a shared driveway providing access over abutting flagpoles.

(e) The minimum area, width, and depth for a flag lot shall be:

(1) Ten thousand (10,000) square feet, unless a greater area is required by the zone, and fully contained within the flag lot and shall not include any portion of the flagpole connecting the flag lot to the public right-of-way; or

(2) The minimum lot size allowed in the zone and fully contained within the flag lot and not included in any portion of the flagpole where an approved fire department access road is shared by abutting properties.

(3) Minimum lot width shall be eighty (80) feet.

(4) Minimum lot depth shall be eighty (80) feet.

(f) Lot line, front, shall be determined by the owner at the time of application for building permits for the primary residential structure. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4486, § 2, 9-24-07; Ord. No. 4531, § 12, 7-13-09)

Sec. 37-124.1. Standards for multifamily development.

Where multifamily dwellings are allowed as a use permitted outright or as a conditional use, the following standards shall apply:

(1) Parking must be paved and meet all requirements of Article VII, Off-Street Parking and Loading.

(2) Where more than one (1) detached single-family dwelling exists on one (1) lot, the minimum required lot area shall be the minimum required by the zoning district multiplied by the number of detached single-family dwellings. (Ord. No. 4499, § 3, 1-28-08; Ord. No. 4676, § 27, 11-28-16)

Sec. 37-125. Homeless shelter standards.

Where homeless shelters are allowed as a use permitted outright or as a conditional use, the following standards shall apply, unless otherwise amended by a conditional use permit or variance approval:

(1) Location shall be within one quarter (0.25) mile of a public transportation route, as measured along the shortest route on the city street system, between the public transportation route and the closest point of the subject property;

(2) Parking shall be provided as set forth in Article VII of this chapter;

(3) Outdoor open space consisting of an area at least sixteen (16) square feet for each two (2) beds shall be provided;

(4) Notwithstanding section 37-153 of this code, a six (6) foot tall minimum sight obscuring fence or equivalent landscape screening shall be provided along all neighboring property lines, excluding a street or alley right-of-way;

(5) Outdoor trash cans or dumpsters shall be screened from view from any street, sidewalk, or neighboring property;

(6) Fixed night lighting sufficient to provide illumination and clear visibility of all outdoor areas during the hours between thirty (30) minutes after sunset and thirty (30) minutes before sunrise shall be provided in a manner that does not glare or trespass onto adjoining property;

(7) Indoor client intake waiting area adequately sized to accommodate waiting clients shall be provided. (Ord. No. 4689, § 10, 4-24-17)

Sec. 37-126. Sales from mobile carts.

Sales may be made from a portable cart meeting the following standards and conditions from property zoned C-3, C-4, C-5 or C-6. Such uses in the C-1 and C-2 Zones shall require the approval of a conditional use permit by the planning and zoning commission:

(1) Only one cart may be placed on any zone lot;

(2) No cart shall be placed in any required setback, nor may a cart be placed in a parking lot when it would replace a required parking space;

(3) No permanent attachment to the ground shall be allowed. Any screening shall be accomplished with portable, removable screens, awnings or umbrellas which shall be removed when the sales cart is closed for business;

(4) The cart and all associated items including but not limited to tables, chairs, trash disposal and similar items, shall be wholly located on private property and shall not be allowed to intrude into the public right-of-way;

(5) No cart shall exceed eight (8) feet in length or four (4) feet in depth;

(6) Trash disposal shall be provided within five (5) feet of the cart and shall be kept neat and sanitary at all times;

(7) One sign may be placed on the face of the cart identifying the business name and goods offered. No portable or other permanent sign is allowed;

(8) All carts shall meet the requirements of the North Central Health District office;

(9) During the hours the cart is not in operation, the cart and all associated items including but not limited to tables, chairs, trash disposal and similar items shall be stored in an enclosed, locked area;

(10) The applicant shall provide written evidence of the right to place the mobile cart on private property from the owner or manager of the property. This evidence may be in the form of a lease or other agreement and shall include the terms of the placement; it shall also include provisions for the use of sanitary facilities by the operator of the mobile cart and the patrons of the cart;

(11) No cart shall be placed without the approval of the community development director upon receipt of a site plan addressing items 1 through 10 above and upon receipt of a valid business license from the city of Lewiston. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-126.1. Temporary vendors – Standards for issuance of conditional use permit.

The planning and zoning commission may issue a conditional use permit for the operation of the temporary vendor business on the following standards:

(1) Paved parking with controlled access onto public streets approved by the city’s public works department;

(2) No outside, overnight storage of merchandise, equipment or other items;

(3) No spillover of security lighting onto nearby residential properties;

(4) Provision of restroom facilities for employees;

(5) Compliance with all adopted codes regulating electrical, plumbing and mechanical features;

(6) Compliance with International Fire Code as determined by the fire marshal;

(7) Compliance with appropriate setbacks and lot coverage requirements;

(8) Compliance with other conditions established by the planning and zoning commission or city council to protect health, safety and welfare. (Ord. No. 4346, § 2, 11-17-03)

37-127

Reserved.

Editor’s Note – Ord. No. 4692, § 15, adopted October 30, 2017, repealed § 37-127, relating to seasonal sale of Christmas trees, derived from Ord. No. 4108, § 2, 8-15-94.

Sec. 37-128. Use of commercial coaches as offices in manufacturing and port zones.

Commercial coaches may be used as business offices in manufacturing and port zones subject to the following conditions:

(1) The manufactured unit shall not be used as a residence;

(2) The manufactured home shall be skirted in accordance with section 23-22(d) of this code; skirting shall be kept in reasonable repair;

(3) The manufactured unit shall be placed at least twenty (20) feet from all property lines;

(4) Parking lots and travelways serving the unit shall be in accordance with provisions of Article VII of this chapter. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-128.1. Temporary use of manufactured homes for construction offices.

Manufactured homes may be allowed as temporary offices at construction sites in the city of Lewiston upon approval by the community development director provided all of the following provisions are met:

(1) The manufactured unit shall not be used as a residence;

(2) The manufactured unit shall be a commercial coach as defined by the State of Idaho and bear the appropriate insignia of the approval of the Department of Labor and Industrial Services;

(3) The manufactured unit shall be skirted in accordance with section 23-22(d) of this code if the use is intended to last more than six months and shall be kept in a reasonable state of repair;

(4) The manufactured unit shall be placed at least twenty (20) feet from all property lines;

(5) Parking lots and all travelways serving the temporary office shall be gravelled and a dust palliative applied by June 1 of each year. Such dust palliative shall be reapplied as necessary to reduce dust generation. Parking lots and driveways shall be kept graded for proper drainage, and shall not have more than one entrance or exit to a public right-of-way unless approved in writing by the city engineer. No entrance shall exceed twenty (20) feet in width without the written approval of the city engineer;

(6) The manufactured unit may remain on the site for the duration of the construction for which the permit is issued. The unit must be removed prior to the issuance of a permit for occupancy;

(7) The use of semi-truck trailers and similar mobile units may be used for the purposes of tool and equipment storage. Such units must be placed at least twenty (20) feet from any property line and may be in place for the duration of the construction for which the permit was issued. Such units may not be used for construction offices or living quarters. Such units must be removed from the site prior to the issuance of a permit for occupancy of the project for which the building permit was issued;

(8) Other conditions that may reasonably be established by the community development director in order to maintain the character of the surrounding neighborhood area. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-129. Use of prefabricated containerized transport units as accessory buildings or storage units.

(a) The use of prefabricated containerized transport containers or dry freight containers as accessory buildings or storage buildings shall not be permitted in the city of Lewiston on property with Residential (R), Local Commercial (C-1), Tourist Commercial (C-2) or Central Commercial (C-5) Zones. Said units may be placed on other property zoned commercially (C-3, C-4 or C-6) on a temporary basis subject to the following limitations:

(1) The unit may not be placed on the property for longer than a period of ninety (90) days in any calendar year;

(2) The unit shall not be located in any setback required in the zone nor may it be placed in any clear vision area or required landscaping area;

(3) The unit shall not be located so as to reduce the number of parking or loading spaces below the minimum required for the use of the property;

(4) Any such unit placed with ancillary compressors, chillers or other similar devices which produce audible noise shall be so placed and located so that the noise generated by said device shall be inaudible from any adjacent residential uses.

Said temporary uses shall be subject to the approval of the community development department upon receipt of a site plan clearly showing the following information:

(1) The location of the existing buildings, structures, parking and loading areas, required landscaping and setbacks, signs and other physical features of the site;

(2) Use of adjacent properties;

(3) Size and location of the unit proposed to be located on the site and the proposed use of said unit;

(4) Other information as may be reasonably required by the community development department in order to properly evaluate the request.

A building permit shall be required for the placement of these structures; said permit shall be in conformance with the requirements for said permits under the Lewiston City Code.

(b) Said units may be placed on any property zoned Port (P), Airport (A) or Manufacturing (M) subject to the receipt of a building permit and conformance to the setback requirements of the zone in which the unit is to be located.

This prohibition does not preclude their use in conjunction with bona-fide shipping and transport activities. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-130. Parking and temporary use of recreational vehicles on residential property.

(a) The outside parking of unoccupied recreational vehicles are permitted on property with an established residential use, regardless of zone. Said parking shall be within the side, rear, or front yard and shall not extend into the public right-of-way nor obstruct the clear vision area. An unoccupied recreational vehicle shall not be used for living quarters or business while parked or stored.

(b) Reserved.

(c) A recreational vehicle may be used as temporary accommodation to allow the owner to construct a permanent residence or remodel an existing residence on the lot. The use of the recreational vehicle shall be authorized with the written approval of the community development department upon receipt of an approved site plan and construction schedule and such use shall not exceed one (1) year in duration, unless authorized by the department. The unit shall comply with all yard setbacks appropriate to the zone in which it is to be placed. The unit shall not be parked on nor in any way obstruct any public right-of-way. The unit may be placed on the site only upon receipt of a valid building permit and must be removed from occupancy within seven (7) days of the receipt of a certificate of occupancy. No person other than the owner of the property shall occupy the temporary unit and the unit shall not be used as a temporary rental unit by the property owner.

(d) The use of one (1) recreational vehicle as temporary accommodation for guests may be allowed on property with an established residential use, regardless of zone. The unit shall not be parked on nor in any way obstruct any public right-of-way, shall be located a minimum of five (5) feet from any other structure and no stay shall exceed fourteen (14) days at any one (1) time or forty-five (45) days in any calendar year. The unit shall not be skirted and the discharge of any gray water or sewage onto the ground is prohibited.

(e) The use of one (1) recreational vehicle as temporary accommodation for a period greater than allowed in subsection (d) of this section may be allowed at the discretion of the community development director for the purposes of a medical hardship. The hardship shall be a result of an illness or medical emergency, with proof of said hardship submitted to the community development director. The director shall approve the hardship for a period not to exceed one (1) year. The standards for placement of the recreational vehicle shall be the same as described in subsection (d) of this section. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4172, § 1, 11-18-96; Ord. No. 4198, § 1, 6-2-97; Ord. No. 4473, § 2, 7-9-07)

Sec. 37-130.1. Lighting.

At the time of new construction or major remodel as defined in section 32-2 of this code, or at the time of installation of exterior lighting, such lighting shall be screened, shielded, designed, placed, and/or located so as not to cause nuisance glare or trespass onto neighboring properties. (Ord. No. 4434, § 1, 2-13-06; Ord. No. 4531, § 13, 7-13-09)

Sec. 37-131. General provisions, accessory buildings.

Purpose and applicability. To establish standards for accessory buildings. These provisions shall not apply to garden or gateway features, such as trellises, pergolas, arbors, or other features, which are erected for no purpose other than decoration or to make a visual statement and that do so using posts, poles, columns, lattice, fencing, or shade cloth, and do not include a bona fide roof and walls. These provisions shall apply to all accessory buildings, unless otherwise specified herein, by the underlying zoning district, or otherwise by a conditional use permit. These provisions shall not apply to buildings accessory to a commercial use or other nonresidential use, unless located in a residential zoning district. These provisions shall not apply to buildings exempt from building permits, such as agricultural buildings, and that are documented as such, except that such buildings shall meet the required minimum front and street side yard setbacks of the applicable zoning district and shall maintain five-foot minimum side and rear yard setbacks.

(1) Regardless of zone and in accordance with the standards set forth in this section, accessory buildings are permitted on any lot: (a) with an established permitted use, or (b) for which a building permit has been issued and such building is under construction.

(2) An accessory building shall not contain a dwelling unit or business, unless otherwise explicitly permitted by the particular zoning district or as a permitted home occupation. If any portion of an accessory building is converted into a dwelling unit or business, said conversion shall be considered a change of use, subject to the applicable requirements of the zoning, building, fire and other codes administered by the city.

(3) Accessory buildings that are attached to the primary building or that otherwise do not comply with the definition of detached building, as set forth in section 37-3 of this code, shall comply with the minimum setbacks and minimum building height required for the primary building according to the applicable zoning district.

(4) Standards for the placement of buildings detached from and accessory to a single-family or two-family dwelling upon a lot are as follows:

a. The footprint shall not exceed one hundred twenty (120) percent of the footprint of the dwelling, including any attached garage, carport, and patio cover; or seventy (70) percent of the habitable floor area of the dwelling; or one thousand two hundred (1,200) square feet, whichever is greater, but in no case shall exceed two thousand four hundred (2,400) square feet.

b. Such buildings shall comply, in combination with all the buildings on the lot, with the maximum allowable lot coverage of the applicable zoning district.

c. Those that do not exceed one hundred twenty (120) square feet may be located in the front, side, or rear yard with a minimum setback of three (3) feet from any side or rear lot line. The front yard and street side yard setbacks shall be required by the zoning district.

d. Those that are greater than one hundred twenty (120) square feet and less than one thousand one (1,001) square feet may be located in the front, side, or rear yard. The front yard and street side yard setbacks shall be those required by the applicable zoning district. The minimum side and rear yard setbacks shall be five (5) feet. However, the required five-foot minimum side and rear yard setbacks shall increase by a ratio of one (1) foot to one (1) foot, or fraction thereof, when the building height exceeds sixteen (16) feet.

e. Those that are greater than one thousand (1,000) square feet and less than two thousand one (2,001) square feet shall be located only in the side or rear yards. No such building shall be located closer to the street than the street-facing wall of the dwelling, unless it is on a flag lot or on the street side of a corner lot and complies with the minimum street side yard setback of the applicable zoning district. The minimum side and rear yard setbacks shall be five (5) feet or five (5) feet increased by a ratio of one (1) foot to one (1) foot, or fraction thereof, for any building height in excess of sixteen (16) feet; however, if the roof line of the building facing the property line exceeds thirty-two (32) feet in length, then the minimum setback from that property line shall be ten (10) feet, regardless of the building height.

f. Those that are greater than two thousand (2,000) square feet shall be located in the rear yard only. No such building shall be located closer to a street than the rear wall of the dwelling, unless it is on a flag lot or the street side of a corner lot and complies with the minimum street side yard setback of the applicable zoning district. The minimum side and rear yard setbacks shall be twenty (20) feet.

g. An accessory building shall not contain a second story floor level, unless constructed to comply with main building setbacks and except for an accessory apartment above a garage in the Normal Hill North or Normal Hill South zoning district and subject to the standards thereof. Mezzanines open to the floor below and not exceeding thirty-three (33) percent of the floor area below shall not count as a second story floor level.

h. If on a through lot, an accessory building shall conform to the front yard setback required for the dwelling on both street rights-of-way.

(5) Standards for the placement of buildings detached from and accessory to a use other than a single-family or two-family dwelling shall be the same as required for the primary use building, according to the underlying zoning district. (Ord. No. 4197, § 2, 4-21-97; Ord. No. 4321, § 1, 12-9-02; Ord. No. 4525, § 3, 1-26-09; Ord. No. 4531, § 13, 7-13-09; Ord. No. 4672, § 2, 12-13-16)

Editor’s note – Ord. No. 4197, § 1, adopted April 21, 1997, repealed § 37-131, which derived from Ord. No. 4108, § 2, adopted Aug. 15, 1994.

Sec. 37-131.1. Swimming pools.

Swimming pools may be located in the front, side, or rear yard with a minimum setback of five (5) feet from all property lines. (Ord. No. 4672, § 3, 12-13-16)

Sec. 37-132. Development of ravines and drainageways.

(a) Ravines/Drainageways, Category A: Open drainage channels defined as category A drainages within Chapter 37-3 of this code may be altered, relocated, or improved and shall maintain the estimated flow of storm water throughout the channel. Improvements may include the use of pipes, culverts, or concrete lining. Relocation or improvement of a category A drainage shall be reviewed by the city engineer, and may not commence without the engineer’s approval.

(b) Ravines/Drainageways, Category B: Open drainage channels defined as category B drainages within Chapter 37-3 of this code shall not be altered, improved, or relocated without approval of the Lewiston planning and zoning commission. Alteration, modification, relocation, or construction within category B drainage channels shall require a conditional use permit. (Ord. No. 4344, § 2, 11-17-03)

ARTICLE V. FLOODPLAIN MANAGEMENT

Sec. 37-133. Definitions.

Unless specifically defined in Article II of this chapter, words or phrases used in this article shall be interpreted according to the meaning they have in common usage.

Accessory structure means a structure on the same lot or parcel as a principal structure, the use of which is incidental and subordinate to the principal structure. An insurable building should not be classified as an accessory or appurtenant structure.

Appeal means a request for review of the floodplain administrator’s interpretation of provisions of this article or request for a variance.

Area of shallow flooding means a designated AO or AH Zone on a community’s flood insurance rate map (FIRM) with base flood depths from one (1) to three (3) feet, and/or where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

Area of special flood hazard is the land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year. Zone designations on FIRMs include the letters A, AE, or V. Also known as the special flood hazard area (SFHA).

Base flood means the flood having a one (1) percent chance of being equaled or exceeded each year. Also known as the “regulatory flood.”

Base flood elevation (BFE) means the water surface elevation during the base flood in relation to a specified datum. The base flood elevation (BFE) is depicted on the FIRM to the nearest foot and in the FIS to the nearest one-tenth (0.1) of a foot.

Basement means the portion of a structure including crawlspace with its floor subgrade (below ground level) on all sides.

Building. See “Structure.”

Critical facility means a facility that is critical for the health and welfare of the population and is especially important following hazard events. Critical facilities include essential facilities, transportation systems, lifeline utility systems, high potential loss facilities and hazardous material facilities.

Datum. The vertical datum is a base measurement point (or set of points) from which all elevations are determined. Historically, that common set of points has been the National Geodetic Vertical Datum of 1929 (NGVD29). The vertical datum currently adopted by the federal government as a basis for measuring heights is the North American Vertical Datum of 1988 (NAVD88).

Development means any manmade change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures, or the construction of additions or substantial improvements to buildings, structures or accessory structures; the placement of mobile homes; mining, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of materials; specifically including the construction of dikes, berms and levees. The term “development” does not include the operation, cleaning, maintenance or repair of any ditch, canal, lateral, drain, diversion structure or other irrigation or drainage works that is performed or authorized by the owner thereof pursuant to lawful rights and obligations.

Digital FIRM (DFIRM) means digital flood insurance rate map. It depicts flood risk and zones and flood risk information. The DFIRM presents the flood risk information in a format suitable for electronic mapping applications.

Existing construction means a structure for which the “start of construction” commenced before January 20, 1982.

Existing manufactured home park or subdivision means a manufactured home park or subdivision where the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) is completed before January 20, 1982.

Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.

Federal Emergency Management Agency (FEMA) is the agency with the overall responsibility for administering the National Flood Insurance Program.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters; or

(2) The unusual and rapid accumulation or runoff of surface waters from any source.

Flood fringe means the portion of the floodplain outside of the floodway covered by floodwaters during the regulatory flood.

Flood hazard boundary map (FHBM) means an official map of a community, issued by the Federal Insurance Administration or U.S. Department of Housing and Urban Development, where the boundaries of areas of special flood hazard have been designated as Zone A. The FHBM usually is the initial flood hazard map.

Flood insurance rate map (FIRM) means an official map of a community, issued by the Federal Insurance Administration, delineating the areas of special flood hazard and/or risk premium zones applicable to the community.

Flood insurance study (FIS) means the official report by the Federal Insurance Administration evaluating flood hazards and containing flood profiles, floodway boundaries and water surface elevations of the base flood.

Floodplain means the land that has been or may be covered by floodwaters, or is surrounded by floodwater and inaccessible, during the occurrence of the regulatory flood. The riverine floodplain includes the floodway and the flood fringe (Idaho Code, Section 46-1021).

Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Flood protection elevation (FPE) means an elevation that corresponds to the elevation of the one (1) percent chance annual flood (base flood), plus any increase in flood elevation due to floodway encroachment, plus one (1) foot of freeboard. Therefore the flood protection elevation for the city of Lewiston is equal to BFE plus allowed floodway elevation plus one (1) foot of freeboard.

Floodway (regulatory floodway) means the channel of a river or other watercourse and those portions of the floodplain adjoining the channel required to discharge and store the floodwater or flood flows associated with the regulatory flood.

Freeboard means a factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams and the hydrologic effects of urbanization in a watershed.

Functionally dependent facility means a facility that cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair facilities. The term does not include long-term storage, manufacture, sales, or service facilities.

Highest adjacent grade (HAG) means the highest natural elevation of the ground surface prior to construction, adjacent to the proposed walls of a structure. Refer to the Elevation Certificate, FEMA Form 81-31, for HAG related to building elevation information.

Historic structure means a structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or to a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3) Individually listed on a state inventory of historic places and determined as eligible by states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4) Individually listed on a local inventory of historic places and determined as eligible by communities with historic preservation programs that have been certified either:

a. By an approved state program as determined by the Secretary of the Interior; or

b. Directly by the Secretary of the Interior in states without approved programs.

Letter of map change (LOMC) means an official FEMA determination, by letter, to amend or revise effective flood insurance rate maps, flood boundary and floodway maps, and flood insurance studies. LOMCs are issued in the following categories:

(1) Letter of map amendment (LOMA). A revision based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective flood insurance rate map and establishes that a specific property is not located in a special flood hazard area.

(2) Letter of map revision (LOMR). A revision based on technical data showing that, usually due to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, a LOMR-F, is a determination that a structure or parcel has been elevated by fill above the base flood elevation and is excluded from the special flood hazard area.

(3) Conditional letter of map revision (CLOMR). A formal review and comment by FEMA as to whether a proposed project complies with the minimum National Flood Insurance Program floodplain management criteria. A CLOMR does NOT amend or revise effective flood insurance rate maps, flood boundary and floodway maps, or flood insurance studies.

Levee means a manmade structure, usually an earthen embankment, designed and constructed according to sound engineering practices, to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

Levee system means a flood protection system that consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

Lowest adjacent grade (LAG) means the lowest point of the ground level next to the structure. Refer to the Elevation Certificate, FEMA Form 81-31, for LAG related to building elevation information.

Lowest floor means the lowest floor of the lowest enclosed area (including basement) used for living purposes, which includes working, storage, cooking and eating, or recreation, or any combination thereof. This includes any floor that could be converted to such a use including a basement or crawl space. An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a structure’s lowest floor. The lowest floor is a determinate for the flood insurance premium for a building, home or business.

Manufactured home means a structure, transportable in one (1) or more sections built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term “manufactured home” does not include a “recreational vehicle.”

Mean sea level means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s FIRM are referenced.

New construction means a structure for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

New manufactured home park or subdivision means a place where the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) is completed on or after January 20, 1982.

Recreational vehicle means a vehicle that is:

(1) Built on a single chassis;

(2) Four hundred (400) square feet or less when measured at the largest horizontal projection;

(3) Designed to be self-propelled or permanently towed by a light duty truck; and

(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Repetitive loss means flood-related damages sustained by a structure on two (2) separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty-five (25) percent of the market value of the structure before the damages occurred.

Start of construction includes substantial improvement and means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within one hundred eighty (180) days of the permit date. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the “actual start of construction” means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of a building.

Structure means a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50) percent of its market value before the damage occurred.

Substantial improvement means reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The market value of the structure should be (1) the appraised value of the structure prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring. This term includes structures which have incurred “substantial damage,” regardless of the actual amount of repair work performed. The term does not include either:

(1) A project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications, which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(2) Alteration of a historic structure; provided, that the alteration will not preclude the structure’s continued designation as a historic structure.

Variance is a grant of relief by the governing body from a requirement of this article.

Water surface elevation means the height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other specified datum) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4190, § 1, 4-7-97; Ord. No. 4579, § 2, 9-10-12)

Sec. 37-134. General provisions.

(a) Lands to which this article applies. This article shall apply to all special flood hazard areas within the jurisdiction of the city of Lewiston. Nothing in this article is intended to allow uses or structures that are otherwise prohibited by the zoning ordinance.

(b) Basis for area of special flood hazard. The special flood hazard areas identified by the Federal Emergency Management Agency in its flood insurance study (FIS) for the city of Lewiston, Idaho, Nez Perce County, dated July 20, 1981, with accompanying flood insurance rate maps (FIRM) or digital flood insurance rate maps (DFIRM), and other supporting data, are adopted by reference and declared a part of this article. The FIS and the FIRM are on file at the office of community development with the building official, 218 D Street, Lewiston, Idaho.

(c) Establishment of floodplain development permit. A floodplain development permit shall be required prior to development activities in special flood hazard areas established in subsection (b) of this section.

(d) Interpretation. In the interpretation and application of this article all provisions shall be:

(1) Considered as minimum requirements;

(2) Liberally construed in favor of the governing body; and

(3) Deemed neither to limit nor repeal any other powers granted under state statutes.

(e) Warning and disclaimer of liability. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by manmade or natural causes. This article does not imply that land outside the special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the city of Lewiston or by any officer or employee thereof for flood damages that result from reliance on this article or an administrative decision lawfully made hereunder. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4579, § 3, 9-10-12)

Sec. 37-135. Administration.

(a) Designation of floodplain ordinance administrator. The building official is hereby appointed as the floodplain administrator who is responsible for administering and implementing the provisions of this article.

(b) Permit procedures. Application for a floodplain development permit shall be made to the floodplain administrator on forms furnished by the administrator or the administrator’s designee prior to starting development activities. Specifically, the following information is required:

(1) Application stage.

a. Plans in duplicate drawn to scale with elevations of the project area and the nature, location, dimensions of existing and proposed structures, earthen fill placement, storage of materials or equipment and drainage facilities;

b. Elevation in relation to the flood protection elevation, or highest adjacent grade, of the lowest floor level, including crawlspaces or basement, of all proposed structures;

c. Elevation to which any nonresidential structure will be floodproofed;

d. Design certification from a registered professional engineer or architect that any proposed nonresidential floodproofed structure will meet the floodproofing criteria in section 37-136(f)(2) of this code;

e. Description of the extent to which any watercourse will be altered or relocated as a result of a proposed development; and

(2) Construction stage.

a. For all new construction and substantial improvements, the permit holder shall provide to the floodplain administrator an as-built certification of the floor elevation or floodproofing level, using appropriate FEMA elevation or floodproofing certificate, immediately after the lowest floor or floodproofing is completed. When floodproofing is utilized for nonresidential structures, the certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same.

b. Certificate deficiencies identified by the floodplain administrator shall be corrected by the permit holder immediately and prior to work proceeding. Failure to submit certification or failure to make the corrections shall be cause for the floodplain administrator to issue a stop-work order for the project.

(3) Technical review. If the community does not have the expertise to evaluate the technical data that is part of the application, the community may contract for an independent engineering review or require a review by FEMA through the letter of map revision process. The applicant will pay the costs of an independent technical review.

(4) Expiration of floodplain development permit. All floodplain development permits shall be conditional upon the commencement of work within one hundred eighty (180) days. A floodplain development permit shall expire one hundred eighty (180) days after issuance unless the permitted activity has been substantially begun and thereafter is pursued to completion.

(c) Duties and responsibilities of the administrator. Duties of the floodplain administrator shall include, but shall not be limited to:

(1) Review all floodplain development permit applications to assure that the permit requirements of this article have been satisfied.

(2) Review proposed development to assure that necessary permits have been received from governmental agencies from which approval is required by federal or state law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334; the Endangered Species Act of 1973, 16 U.S.C. 1531 through 1544; and State of Idaho Stream Channel Alteration permits, Idaho Code 42, Chapter 38, require that copies of such permits be provided and maintained on file.

(3) When base flood elevation data or floodway data are not available, then the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer the provisions of this article.

(4) When base flood elevations or other current engineering data are not available, the floodplain administrator shall take into account the flood hazards, to the extent they are known, to determine whether a proposed building site will be reasonably safe from flooding.

(5) Obtain and record the actual elevation in relation to the vertical datum on the effective FIRM, or highest adjacent grade, of the lowest floor level, including basement, of all new construction or substantially improved structures.

(6) Obtain and record the actual elevation, in relation to the vertical datum on the effective FIRM, to which any new or substantially improved structures have been floodproofed.

(7) When floodproofing is utilized for a structure, the floodplain administrator shall obtain certification of design criteria from a registered professional engineer or architect.

(8) Where interpretation is needed of the exact location of boundaries of the areas of special flood hazard including regulatory floodway (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the floodplain administrator shall make the interpretation. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article.

(9) All records pertaining to the provisions of this article shall be maintained in the office of the city/county clerk or his/her designee and shall be open for public inspection. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4579, § 4, 9-10-12)

Sec. 37-136. Provisions for flood hazard reduction.

(a) Subdivision standards.

(1) All subdivision proposals shall be consistent with the need to minimize flood damage.

(2) All subdivision preliminary plats/development plans shall include the mapped flood hazard zones from the effective FIRM.

(3) Base flood elevation data shall be generated and/or provided for subdivision proposals and all other proposed development, including manufactured home parks and subdivisions, greater than fifty (50) lots or five (5) acres, whichever is less.

(4) All subdivisions shall have public utilities and facilities such as sewer, gas, electric and water systems located and constructed to minimize flood damage.

(5) All subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.

(b) Construction standards. In all areas of special flood hazard the following provisions are required.

(1) New construction and substantial improvements of an existing structure, including a structure that has been substantially damaged, shall be anchored to prevent flotation, collapse or lateral movement of the structure.

(2) New construction and substantial improvements of an existing structure, including a structure that has been substantially damaged, shall be constructed with materials and utility equipment resistant to flood damage.

(3) New construction or substantial improvements of an existing structure, including a structure that has been substantially damaged, shall be constructed by methods and practices that minimize flood damage.

(4) All new construction or substantial improvements of an existing structure, including a structure that has been substantially damaged, that includes a fully enclosed area located below the lowest floor formed by the foundation and other exterior walls shall be designed to be an unfinished or flood resistant enclosure. The enclosure shall be designed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater. Designs for complying with this requirement must be certified by a licensed professional engineer or architect or meet the following minimum criteria:

a. Provide a minimum of two (2) openings with a total net area of not less:

1. Than one (1) square inch for every square foot of enclosed area subject to flooding;

2. The bottom of all openings shall be no higher than one (1) foot above the higher of the exterior or interior grade or floor immediately below the opening;

3. Openings may be equipped with screens, louvers, valves or other coverings or devices, provided they permit the automatic flow of floodwater in both directions without manual intervention.

b. To comply with the “lowest floor” criteria of this article, the unfinished or flood resistant enclosure shall only be used for parking of vehicles, limited storage of maintenance equipment used in connection with the premises, or entry to the elevated area.

c. The interior portion of such enclosed area shall not be partitioned or finished into separate rooms.

d. For crawlspace foundation types, construction must follow the guidelines in FEMA TB 11-01, Crawlspace Construction for Structures Located in Special Flood Hazard Areas: National Flood Insurance Program Interim Guidance, specifically:

1. Below grade crawlspaces are prohibited at sites where the velocity of floodwaters exceeds five (5) feet per second;

2. Interior grade of the crawlspace below the BFE must not be more than two (2) feet below the lowest adjacent exterior grade (LAG);

3. Height of the below grade crawlspace, measured from the lowest interior grade of the crawlspace to the bottom of the floor joist, must not exceed four (4) feet at any point;

4. Contain an adequate drainage system that removes floodwaters from the interior area of the crawlspace.

(5) All heating and air conditioning equipment and components, all electrical, ventilation, plumbing, and other facilities shall be designed and/or elevated to prevent water from entering or accumulating within the components during flooding.

(6) New and replacement water supply systems shall be designed to minimize or to eliminate infiltration of flood waters into the system.

(7) New and replacement sanitary sewage systems shall be designed to minimize or to eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.

(8) On-site waste disposal systems shall be located and constructed to avoid functional impairment, or contamination from them, during flooding.

(9) Any alteration, repair, reconstruction or improvement to a structure that is not compliant with the provisions of this article shall be undertaken only if the nonconformity is minimal in order to meet health and safety standards.

(c) Manufactured home standards. In all areas of special flood hazard where the flood protection elevation is established, these standards for manufactured homes and recreational vehicles that are an allowed use under the zoning ordinance shall apply:

(1) Manufactured homes placed or substantially improved:

a. On individual lots or parcels;

b. In new or substantially improved manufactured home parks or subdivisions;

c. In expansions to existing manufactured home parks or subdivisions, or on a site in an existing manufactured home park or subdivision where a manufactured home has incurred “substantial damage” as the result of a flood, must have the lowest floor, including basement, elevated to the flood protection elevation.

(2) Manufactured homes placed or substantially improved in an existing manufactured home park or subdivision may be elevated so that either:

a. The lowest floor of the manufactured home is elevated to the flood protection elevation or one (1) foot above the level of the base flood elevation, whichever is higher.

b. The manufactured home chassis is elevated and supported by reinforced piers (or other foundation elements of at least an equivalent strength) of no less than thirty-six (36) inches above the highest adjacent grade.

(3) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to, and consistent with, applicable state requirements.

(4) Manufactured homes placed on solid perimeter walls shall meet the flood vent requirements in subsection (b)(4) of this section.

(d) Accessory structures. Relief from the elevation or dry floodproofing standards may be granted for an accessory structure containing no more than two hundred (200) square feet. Such a structure must meet the following standards:

(1) It shall not be used for human habitation;

(2) It shall be constructed of flood resistant materials;

(3) It shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters;

(4) It shall be firmly anchored to prevent flotation;

(5) Services such as electrical and heating equipment shall be elevated or flood-proofed to or above the flood protection elevation;

(6) It shall meet the opening requirements of subsection (b)(4) of this section.

(e) Recreational vehicle standards. In all areas of special flood hazard, recreational vehicles must either:

(1) Be on the site for fewer than one hundred eighty (180) consecutive days;

(2) Be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached structures or addition; or

(3) The recreational vehicle must meet all the requirements for “new construction,” including the anchoring and elevation requirements.

(f) Floodway standards. The following provisions shall apply in a floodway:

(1) A project in the regulatory floodway must undergo an encroachment review to determine its effect on flood flows. An encroachment analysis must include:

a. Determination and documentation that the filling, grading or construction of a structure will not obstruct flood flows and will not cause an increase in flood heights upstream or adjacent to the project site;

b. Determination and documentation that grading, excavation, channel improvements, bridge and culvert replacements that remove an obstruction do not cause increases in downstream flood flows;

c. Certification and documentation by a licensed professional engineer that the project will not result in a rise in flood heights;

d. The administrator may make the encroachment determination for minor projects, such as projects that do not increase the natural grade (e.g., paving a driveway or parking lot at existing grade, open fences and small isolated obstructions such as a mailbox or telephone pole).

(2) Upon demonstrating that there are no alternatives, the applicant may propose an encroachment in the floodway that will cause an increase in the base flood elevation in excess of the allowable level; provided, that the applicant obtain a conditional letter of map revision from FEMA before the development can be approved and permitted.

(g) Standards for zones with base flood elevations. In special flood hazard areas designated A1-30, AE, AH, or A (with estimated BFE), the following provisions are required.

(1) New residential construction and substantial improvements. Where base flood elevation data are available, new construction or substantial improvement of any residential structure or manufactured home shall have the lowest floor, including basement, constructed at or above the community’s flood protection elevation. If solid foundation perimeter walls are used to elevate a structure, openings sufficient to facilitate the unimpeded movement of flood waters shall be provided in accordance with the construction standards in subsection (b)(4) of this section.

(2) Nonresidential construction. New construction or the substantial improvement of any nonresidential structure located in zones A1-30, AE, or AH must be floodproofed if the new construction or improvement is not elevated. The structure and attendant utility and sanitary facilities must be designed to be water tight to the flood protection elevation or to one (1) foot above the base flood elevation, whichever is higher, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A licensed professional engineer or architect must certify that the design and methods of construction are in accordance with accepted standards of practice for meeting these provisions, and shall provide certification to the administrator.

(3) Where the floodway has not been determined, no new construction, substantial improvements, or other development (including fill) shall be permitted in Zones A1-30 and AE on the effective FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community. Applicants of proposed projects that increase the base flood elevation more than one (1) foot are required to obtain and submit to the floodplain administrator a conditional letter of map revision (CLOMR) preconstruction.

(4) Post construction, the applicant must apply to FEMA for a letter of map revision for changes to the flood hazard map proposed in the CLOMR.

(5) In AH Zones, drainage paths shall be provided to guide flood water around and away from proposed and existing structures.

(h) Standards for zones without base flood elevations and/or floodway (A Zones). These standards apply in special flood hazard areas where streams exist but no base flood elevation data have been provided (A Zones), or where base flood data have been provided but a floodway has not been delineated.

(1) When base flood elevation or floodway data have not been identified by FEMA in a flood insurance study and/or flood insurance rate maps, then the floodplain administrator shall obtain, review, and reasonably utilize scientific or historic base flood elevation and floodway data available from a federal, state, or other source, in order to administer this article. If data are not available from any source, only then the provisions of subsections (h)(2) and (3) of this section shall apply.

a. Where the floodplain administrator has obtained base flood elevation data, applicants of proposed projects that increase the base flood elevation more than one (1) foot shall obtain a conditional letter of map revision preconstruction and a letter of map revision post construction.

(2) No encroachments, including structures or fill, shall be located within an area equal to the width of the stream or fifty (50) feet, whichever is greater, measured from the ordinary high water mark, unless certification by a licensed professional engineer documents that the encroachment will not result in any increase in flood levels during the base flood.

(3) In special flood hazard areas without base flood elevation data, new construction and substantial improvements of existing structures shall have the lowest floor of the lowest enclosed area (including basement or crawlspace) elevated no less than two (2) feet above the highest adjacent grade at the building site. Openings sufficient to facilitate the unimpeded movement of flood waters shall be provided in accordance with the construction standards in subsections (b) and (c) of this section.

(i) Standards for areas of shallow flooding (AO Zones). Shallow flooding areas designated AO Zones are areas of special flood hazard that have base flood depths of one (1) to three (3) feet, with no clearly defined channel. The following provisions apply.

(1) All new construction and substantial improvements of residential and nonresidential structures shall have the lowest floor, including basement, elevated above the adjacent grade at least as high as the flood depth number specified in feet on the flood insurance rate map (FIRM). If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least two (2) feet above the highest adjacent grade.

Openings sufficient to facilitate the unimpeded movement of flood waters shall be provided in accordance with the construction standards in subsection (b)(4) of this section.

(2) New construction or the substantial improvement of a nonresidential structure may be floodproofed in lieu of elevation. The structure and attendant utility and sanitary facilities must be designed to be watertight to the specified base flood level or at least two (2) feet above highest adjacent grade, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting these provisions, and shall provide certification to the floodplain administrator.

(3) Drainage paths shall be provided to guide floodwater around and away from all proposed and existing structures.

(j) Alteration of a watercourse. A watercourse is considered altered when any change occurs within its banks.

(1) The bankfull flood carrying capacity of the altered or relocated portion of the watercourse shall not be diminished. Prior to issuance of a floodplain development permit, the applicant must submit a description of the extent to which any watercourse will be altered or relocated as a result of the proposed development and submit certification by a registered professional engineer that the bankfull flood carrying capacity of the watercourse will not be diminished.

(2) Adjacent communities, the U.S. Army Corps of Engineers and the Idaho Department of Water Resources stream channel alteration program must be notified prior to any alteration or relocation of a water source. Evidence of notification must be submitted to the floodplain administrator and to the Federal Emergency Management Agency.

(3) The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of the watercourse so that the flood carrying capacity will not be diminished.

(4) The applicant shall meet the requirements to submit technical data in subsections (k)(1) and (2) of this section when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.

(k) Requirement to submit new technical data.

(1) For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six (6) months of the date such information becomes available. These development proposals include:

a. Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;

b. Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area in accordance with subsection (a)(3) of this section;

c. Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts;

d. Subdivision or large-scale development proposals requiring establishment of base flood elevations according to subsection (a)(3) of this section.

(2) It is the responsibility of the applicant to have technical data prepared in a format required for a conditional letter of map revision or letter of map revision and submitted to FEMA. Submittal and processing fees for these map revisions shall be the responsibility of the applicant. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4190, § 2, 4-7-97; Ord. No. 4579, § 5, 9-10-12)

Sec. 37-137. Variance and appeal procedures.

(a) Variance.

(1) An application for a variance must be submitted to the Lewiston building official on the form provided by the city of Lewiston and include at a minimum the same information required for a development permit and an explanation for the basis for the variance request.

(2) Upon receipt of a completed application for a variance, the variance request will be set for public hearing at the next building code board of appeals meeting in which time is available for the matter to be heard.

(3) Prior to the public hearing, notice of the hearing will be published in the official newspaper of the city of Lewiston at least fifteen (15) days prior to the hearing. In addition to the newspaper publication, written notice shall be provided to all adjoining property owners.

(4) The burden to show that the variance is warranted and meets the criteria set out herein is on the applicant.

(b) Criteria for variances.

(1) Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a small or irregularly shaped lot contiguous to and surrounded by lots with existing structures constructed below the base flood level. As the lot size increases the technical justification required for issuing the variance increases.

(2) Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.

(3) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(4) Variances may be issued upon:

a. A showing by the applicant of good and sufficient cause;

b. A determination that failure to grant the variance would result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws and ordinances.

5. Variances pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods.

(c) Variance decision. The decision to either grant or deny a variance shall be in writing and shall set forth the reasons for such approval and denial. If the variance is granted, the property owner shall be put on notice along with the written decision that the permitted building will have its lowest floor below the flood protection elevation and that the cost of flood insurance likely will be commensurate with the increased flood damage risk.

(d) Appeals. The building code board of appeals shall hear and decide appeals from the interpretations of the administrator.

(1) An appeal must be filed with the city of Lewiston clerk within fourteen (14) days of the date of any permit denial or interpretation of the administrator. Failure to timely file an appeal shall be considered a failure to exhaust the administrative remedies. The appeal must set out the interpretation of the administrator and a narrative setting forth the facts relied upon by the appellant and the appellant’s claim regarding the error in the interpretation.

(2) Upon receipt of a completed appeal, the appeal will be scheduled for the next available building code board of appeals meeting to be heard. The building code board of appeals shall consider the following in ruling on an appeal:

a. All technical evaluations, all relevant factors, standards specified in other sections of this article, including:

1. The danger that materials may be swept onto other lands to the injury of others;

2. The danger to life and property due to flooding or erosion damage;

3. The susceptibility of the proposed facility and its contents to flood damage and the effects of such damage on the individual landowner;

4. The importance of the services provided by the proposed facility to the community;

5. The necessity of the facility to a waterfront location, where applicable;

6. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

7. The compatibility of the proposed use with existing and anticipated development;

8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

9. The safety of access to the property in times of flooding for ordinary and emergency vehicles;

10. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and

11. The cost of providing government services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

(e) Decision. The building code board of appeals decision on appeal shall be in writing and set out the facts, technical information and the legal basis for the decision. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4579, § 6, 9-10-12)

Sec. 37-138. Penalties for violation.

No structure or land shall hereafter be located, extended, converted or altered unless in full compliance with the terms of this article and other applicable regulations.

Violation of the provisions of this article or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than one thousand dollars ($1,000) or imprisoned for not more than one hundred eighty (180) days, or both. Each day the violation continues shall be considered a separate offense. Nothing herein contained shall prevent the city of Lewiston from taking such other lawful actions as is necessary to prevent or remedy any violation. (Ord. No. 4579, § 7, 9-10-12)

ARTICLE VI. HOME OCCUPATIONS

Sec. 37-140. Statement of purpose.

It is the intent of this chapter to promote and encourage economic activity and entrepreneurship within the city while protecting residential neighborhoods from the negative impacts of commercial use of residential dwellings. The city of Lewiston recognizes that, in general, unrestricted commercial activity, and specifically certain types of businesses, are incompatible with the enjoyment of residentially zoned property and may be detrimental to residential property values. The city of Lewiston further recognizes that homeowners have an expectation that their investment in their home is also an investment in their neighborhood, and that this investment comes with certain rights and responsibilities. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4393, § 2, 3-14-05)

Sec. 37-140.1. General provisions.

(a) A home occupation is an activity, profession, or craft carried on entirely within a residence or associated accessory buildings by the occupants, which activity is clearly incidental to the use of said residence as a dwelling and does not change the residential character of it; is conducted in such a manner as to not give any outward appearance of a business in the ordinary meaning of the term; so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence; and which does not infringe upon the rights of neighboring residents to enjoy a peaceful occupancy of their homes.

(b) Home occupations may occupy an area of a dwelling or an accessory building not to exceed twenty-five (25) percent of the gross floor area of the dwelling. Home occupations may occupy more than twenty-five (25) percent of the gross floor area of the dwelling or accessory building when approved with a conditional use permit as provided in Article IX of this chapter, except that swimming instruction shall be exempt from this requirement.

(c) Not more than one (1) person other than members of the family residing in the residence shall be engaged in such occupation at the premises.

(d) No exterior displays, including window displays or lawn displays, are allowed.

(e) No outdoor storage shall be permitted.

(f) No regularly occurring outdoor activity, except as allowed in this chapter.

(g) No home occupation shall be conducted in such a manner, and/or no materials or mechanical equipment shall be used, which will be detrimental to the residential use of said residence or cause a nuisance to surrounding residences, because of vibration, noise, dust, smoke, odor, interference with radio or television reception, or other factors.

(h) The cumulative impact of multiple home occupations licensed at a single address shall not exceed the criteria set for a single home occupation.

(i) Where a combination of dwelling unit and accessory building is used for a home occupation, the total area in use may not exceed that allowed for a single home occupation. (Ord. No. 4393, § 3, 3-14-05; Ord. No. 4531, § 14, 7-13-09; Ord. No. 4692, § 16, 10-30-17)

Sec. 37-141. Permitted home occupations.

Authorized home occupations include, but are not limited to, the following and are subject to the following provisions:

(1) Artists and craftpersons, including but not limited to visual artists, photographers, authors, sculptors, dressmakers, seamstresses, tailors, gunsmiths, and home crafters. Conditional use permits authorizing this home occupation to exceed twenty-five (25) percent of the gross floor area of the dwelling shall be approved only for the applicant for said permit and shall not be transferable to a subsequent owner.

(2) Family day care, not to exceed six (6) children excluding the children, stepchildren, or foster children of the day care provider.

(3) Instruction, including but not limited to tutoring, music, craft, dance, yoga, or athletic instruction.

Conditional use permits authorizing this home occupation to exceed twenty-five (25) percent of the gross floor area of the dwelling shall be approved only for the applicant for said permit and shall not be transferable to a subsequent owner.

No more than twelve (12) persons shall receive instruction at any one time.

(4) Professions, generally those that require state licensing or board certification, including but not limited to physicians, chiropractors, dentists, lawyers, architects, engineers, counselors, real estate, business services, and financial consulting.

(5) Personal services, including but not limited to hairdressers, barbers, and masseurs.

(6) Construction/contracted trades and services, including but not limited to general contractors, carpenters, plumbers, electricians, landscape contracting, lawn care services, and pest control. Conditional use permits authorizing this home occupation to exceed twenty-five (25) percent of the gross floor area of the dwelling shall be approved only for the applicant for said permit and shall not be transferable to a subsequent owner;

a. No construction material shall be stored outside;

b. No pesticides or herbicides may be stored outside;

c. No heavy equipment such as backhoes, dump trucks, or scrapers may be stored on the premises;

d. Contractors may not operate a contractor’s storage yard in any residential zone.

(7) Sales, including but not limited to phone sales, Internet sales, in-home product presentation, and travel agents, but not including on-site retail sales from the premises, with the following limitations:

a. All inventory must be stored within the allowed area of the home occupation.

b. No more than two (2) delivery trips per day may be generated by the business.

(8) Repair and refinishing, including but not limited to electronics, appliances, and bicycles. The items being repaired or refinished shall not be stored outside.

Conditional use permits authorizing this home occupation to exceed twenty-five (25) percent of the gross floor area of the dwelling shall be approved only for the applicant for said permit and shall not be transferable to a subsequent owner.

(9) Farm stand, limited to sales of fruits and vegetables grown by the owner and for sale at property of the owner, with the following limitations:

a. Sales in the required front yard shall not obstruct traffic or cause a sight obstruction for traffic.

b. Sales must be seasonal in nature.

(10) Other uses not specifically enumerated herein may apply for a conditional use permit in accordance with provisions of Article IX of this chapter, Conditional Use Permits. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4393, § 4, 3-14-05; Ord. No. 4531, § 14, 7-13-09)

Sec. 37-142. Home occupations not permitted.

The following uses, by the nature of the investment or operation, have a pronounced tendency, once started, to rapidly increase beyond the limits permitted for home occupation, or have a tendency to produce objectionable noise and other nuisances, and thereby impair the use and value of a residentially zoned area for residential purposes. Therefore, the uses specified below shall not be permitted as home occupations:

(1) Auto repair, minor or major, including customization or painting;

(2) Motorcycle repair, major or minor, including customization or painting;

(3) Cabinet shop;

(4) Furniture refinishing or upholstery;

(5) Gift shop or antique shop;

(6) Painting of vehicles, trailers or boats;

(7) Photo developing, retail;

(8) Wood lots and on-premises firewood sales;

(9) Businesses in which more than one (1) person, not an occupant of the residence, reports to the site of the business office to receive work assignments, material or payroll;

(10) Repair of any internal combustion engines;

(11) Nursery or garden shop;

(12) Contractor’s storage yard;

(13) Manufacturing, except those activities consistent with the statement of purpose for home occupations;

(14) Machining. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4393, § 5, 3-14-05)

Sec. 37-143. Administration.

(a) All home occupations must have an approved city of Lewiston business license.

(b) Application for home occupations must be made on forms provided by the city of Lewiston and all applicable fees must be paid. Applications shall be reviewed by all applicable departments of the city of Lewiston and outside agencies. Additional conditions for operation of the home occupation may be required by the community development director in addition to the standards provided in section 37-141. Decisions regarding approval or denial of a home occupation may be appealed to the Lewiston planning and zoning commission pursuant to section 37-192.

(c) Licenses for home occupations must be renewed annually. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4393, § 6, 3-14-05)

37-144

Reserved.

Editor’s Note – Ord. No. 4393, § 7, adopted March 14, 2005, repealed § 37-144, relating to conditional use permits for home occupations, which derived from Ord. No. 4108, § 2, adopted Aug. 15, 1994.

ARTICLE VII. OFF-STREET PARKING AND LOADING

Sec. 37-145. Requirement of off-street parking and loading.

At the time a new structure or parking lot is constructed or an existing structure or parking lot is enlarged or the use of an existing structure is changed, off-street parking spaces shall be provided as set forth in this chapter. If parking space has been provided in connection with an existing use or is added to an existing use, the parking space shall not be eliminated if it would result in less space than is required by this chapter, except when providing handicapped parking spaces in accordance with section 37-148 of this code.

Provided, however, that the number of off-street parking spaces required for properties in the FIB Zone shall be provided as set forth in the FIB Zone; and provided, further, that the number of off-street parking spaces required by section 37-149 of this code, except those required for residential and commercial residential uses, shall not apply within the central business district of the city, which district is described by the following boundaries:

Commencing at the intersection of Fifth Street and “F” Street, then east on “F” Street to Ninth Street, then north on Ninth Street to “D” Street, then northerly along the extension of Ninth Street to the Dike Bypass Road, then northwesterly along the Dike Bypass Road to Fifth Street, thence continuing along the Dike Bypass Road in a northwesterly then southerly direction to its intersection with Main Street, thence east along Main Street to its intersection with the railroad tracks, then southerly along the tracks to Prospect Avenue, Prospect Boulevard and Prospect Boulevard extended, to the point of beginning, said point being the intersection of Fifth Street and “F” Street. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4178, § 1, 1-27-97; Ord. No. 4205, § 3, 11-17-97; Ord. No. 4504, § 1, 6-23-08; Ord. No. 4725, § 9, 11-26-18)

Sec. 37-146. General provisions, off-street parking and loading.

The general provisions for off-street parking and loading shall be as follows:

(1) The provision and maintenance of off-street parking and loading spaces is a continuing obligation of the property owner. No building or other permit shall be issued until plans are presented which show property that is and will remain available for exclusive use as off-street parking and loading space. The subsequent use of property for which the building permit is issued shall be conditional upon the unqualified continuance and availability of the amount of parking and loading space required by this chapter. Should the owner or occupant of any lot or building change the use to which the lot or building is put, thereby increasing off-street parking or loading requirements, it shall be a violation of this chapter to begin or maintain such altered use until such time as the increased off-street parking or loading requirements are complied with.

The construction, reconstruction or expansion of any parking lot within the city of Lewiston or the installation of impervious surfaces in excess of five thousand (5,000) square feet shall require approval of a parking or storage lot construction permit issued by the community development department. All said construction, reconstruction or expansion of parking lots shall comply with the provisions of this article and city standards and construction of all other impervious surfaces shall comply with city standards.

Application for said parking or storage lot construction permit shall be accompanied by a review fee as provided by resolution of the city council, except when said construction is a part of the construction or reconstruction of a structure permitted under a valid building permit issued by the department.

(2) The zoning official may utilize surveys of similar uses or nationally recognized sources to determine the requirements for types of buildings and uses, whether or not specifically listed herein or at the request of the land owner.

(3) Outdoor seating areas shall be included in calculating floor area for determining off-street parking requirements.

(4) When several uses occupy a single structure or parcel of land, the total requirements for off-street parking shall be the sum of the requirements of the several uses computed separately, unless it can be determined that the hours of operation for the uses do not overlap.

(5) Owners of two (2) or more uses, structures, or parcels of land may agree to utilize jointly the same parking and loading spaces when the hours of operation do not overlap; provided, that satisfactory legal evidence is presented to the city in the form of deeds, leases, or contracts to establish the joint use.

(6) Off-street parking spaces for dwellings shall be located on the same lot with the dwelling.

(7) Outside of the Central Business District, required parking spaces shall be located on the same lot as the building or use they are required to serve, or, if located on a different lot, then they shall not be farther than three hundred (300) feet from the building or use they are required to serve, as measured in a straight line from the building. Within the Central Business District, required parking spaces shall not be located farther than one thousand three hundred twenty (1,320) feet from the building or use they are required to serve, as measured in a straight line from the building.

(8) Required parking spaces shall be available for the parking of passenger automobiles for residents, customers, patrons, and employees only, and shall not be used for storage of vehicles or materials or for the parking of trucks used in conducting the business or use.

(9) Unless otherwise provided, required parking and loading spaces shall not be located in a yard required by this chapter. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4178, § 2, 1-27-97; Ord. No. 4388, § 1, 2-14-05; Ord. No. 4504, § 2, 6-23-08; Ord. No. 4506, § 1, 5-12-08; Ord. No. 4703, § 1, 10-30-17)

Sec. 37-147. Preexisting parking and vehicle storage lots.

The standards enumerated in sections 37-146, 37-151(b)(2) and 37-153 of this code shall not apply to parking and vehicle storage lots developed prior to April 22, 1991, but shall apply to said lots when new construction or major remodeling, as defined by section 31-2 of this code, occurs on the property which the parking or vehicle storage lot serves. In addition thereto a dust palliative is required on all preexisting unpaved parking and vehicle storage lots. The owner shall apply a dust palliative approved by the city engineer prior to June 1st of each year. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-148. Requirement for handicapped parking spaces.

(a) At the time a new structure or parking lot is constructed or an existing structure or parking lot enlarged or the use of an existing structure is changed or at the time an existing parking lot is repainted or redesigned, and in all cases no later than January 1, 1999, parking specifically designed and properly marked and located for the use of persons with disabilities shall be provided as set forth in this section.

(b) For the purposes of this section, a handicapped designated space shall be a minimum of one hundred thirty-two (132) inches in width with a sixty (60) inch wide access aisle. The lines delineating the handicapped space shall be blue in color, a minimum width of four (4) inches and each space shall be marked with the international accessibility symbol as provided in Idaho Code, Section 49-410. Painting shall be in conformance with city standards.

(c) Each designated handicapped space shall also be posted immediately adjacent to and visible from each space, with a sign, which is at least eighty-four (84) inches above the ground, consisting of the international accessibility symbol as shown in Idaho Code, Section 49-410. Signs shall be in conformance with city standards.

(d) The number of required handicapped parking spaces shall be as provided below:

Total Parking Spaces Req’d

Minimum Handicapped Spaces

1 – 25

1

26 – 50

2

51 – 75

3

76 – 100

4

101 – 150

5

151 – 200

6

201 – 300

7

301 – 400

8

401 – 500

9

501 – 1,000

2% of total

1,001 and over

20 plus 1 for each 100 over 1,000

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4205, § 4, 11-17-97; Ord. 4349 § 1, 4-12-04)

Sec. 37-149. Parking requirements based on land use.

Parking shall be provided according to the use of the structure or land. When square feet are specified, then the area measured shall be the gross floor area of the building, but shall exclude any space within a building devoted to off-street parking or loading. When the number of employees is specified, persons counted shall be those working on the premises, including proprietors, during the largest shift at peak session.

(1) Residential uses:

a. One- or two-family dwellings: Two (2) spaces per dwelling unit or one (1) space per bedroom, up to a maximum of four (4), whichever is greater. Multifamily dwellings outside of the central business district: Two (2) spaces per dwelling unit. Multifamily dwellings within the central business district: One (1) space per dwelling unit.

b. Rooming or boarding house or dormitory outside of the central business district: Spaces for eighty (80) percent of the guest accommodations plus one (1) additional space for the owner or manager. Rooming or boarding house or dormitory within the central business district: Spaces for forty (40) percent of the guest accommodations plus one (1) additional space for the owner or manager.

c. Multifamily housing designated for the use of elderly persons: One (1) space for each unit occupied by an elderly person in a multifamily dwelling designated for use by elderly persons. The term “elderly person” shall mean a person meeting the U.S. Department of Housing and Urban Development’s then-current definition of that term.

d. Group home: One (1) space per each employee in the largest work shift, plus one (1) per five (5) clients or fraction thereof.

(2) Commercial residential:

a. Motel or hotel outside of the central business district: One (1) space per guest room or suite plus one (1) space per three (3) employees on the largest work shift, plus one (1) space per three (3) persons to the maximum capacity established by the occupancy loading of the International Building Code of each public meeting and/or banquet room, plus fifty (50) percent of the spaces otherwise required for accessory uses such as restaurants and bars. Motel or hotel within the central business district: One (1) space per guest room or suite.

b. Club or lodge: Spaces to meet the combined requirements of the uses being conducted such as hotel, restaurant, auditorium, etc.

c. Homeless shelter: one (1) space per four (4) beds; one (1) space per two hundred fifty (250) square feet of office area or per employee/volunteer on the largest shift, whichever is greater; and one (1) bicycle parking rack space per three (3) beds.

(3) Institutions:

a. Convalescent hospital, nursing home, sanitarium, rest home, or home for the aged: One (1) space per employee on the largest shift and one (1) space per five (5) clients.

b. Hospital.

1. Spaces equal to 0.75 times the number of licensed beds; plus

2. One (1) space for every two (2) employees, volunteers, trainees, active or associate doctors on staff; plus

3. Office and/or clinic or out-patient facilities (including emergency room and X-ray department): One (1) space per two hundred fifty (250) square feet of floor area assigned to such use; plus

4. Retail facilities (including gift shop, bookstore, coffee shop, drugstore and/or other similar uses): One (1) space per two hundred fifty (250) square feet of floor area; plus

5. Training facilities: One (1) space per ten (10) seats in classrooms, provided students have not been included as hospital employees.

c. College or university: One (1) space per two (2) students plus one (1) space per employee on the largest shift.

d. Correctional facility: One (1) space per employee on the largest shift, plus one (1) space for each vehicle assigned to the station plus one (1) space per twenty-five (25) inmates;

e. Fire or police station: One (1) space for each employee and one (1) space for each volunteer personnel on a normal shift, plus one (1) space for each vehicle assigned to the station. If a business office is included, one (1) space per two hundred (200) square feet of that office space is required in addition.

f. Other government buildings shall provide parking based on the use of the building as if it were in private ownership.

(4) Place of assembly:

a. Church: One (1) space for each four (4) persons allowed within the maximum occupancy load in the main auditorium under the International Building Code.

b. Library or reading room: One (1) space per four hundred (400) square feet of floor area plus one (1) space per two (2) employees.

c. Preschool nursery or kindergarten (primary school): Two (2) spaces per teacher.

d. Elementary or junior high: One (1) space per classroom, plus one (1) space per administrative employee, or one (1) space per four (4) seats or eight (8) feet of bench length in the auditorium, whichever is greater.

e. High school: One (1) space per employee, plus one (1) space for each three (3) students, or one (1) space per four (4) seats or eight (8) feet of bench length in the main auditorium, whichever is greater.

f. Other auditorium or meeting room: One (1) space for each two (2) persons allowed within the maximum occupancy load allowed under the International Building Code.

(5) Commercial amusements:

a. Stadium, arena, or indoor theater: One (1) space for each two (2) persons allowed within the maximum occupancy load allowed under the International Building Code.

b. Bowling establishment without restaurant: Six (6) spaces per alley plus one (1) space per two (2) employees.

c. Bowling establishment with restaurant: Eight (8) spaces per alley plus one (1) space per two (2) employees.

d. Dance hall or skating rink: One (1) space per one hundred (100) square feet of floor area plus one (1) space per two (2) employees.

(6) Commercial:

a. Retail stores, except as provided in subsection (6)(m) of this section: One (1) space per two hundred fifty (250) square feet of floor space;

b. Beauty and barber shops: Three (3) spaces per operator chair;

c. Day care center: Two (2) spaces, plus one (1) space for every employee on the maximum shift; a paved unobstructed pick up space with adequate stacking area (as determined by the community development director) shall be provided in addition to standard driveway and parking requirements;

d. Diet clinic: Four (4) spaces for each doctor or practitioner, and one (1) space for each two (2) seats assigned for food service;

e. Gas station: One (1) space for every employee on the maximum shift;

f. Health club: One (1) parking space per patron based on the occupancy load established by the International Building Code, plus one (1) space per employee on the largest working shift;

g. Indoor racquet courts or tennis courts: Three (3) spaces per court plus one (1) space per employee on the largest shift;

h. Outdoor storage: One (1) space per employee on the largest shift;

i. Outdoor retail: One (1) space per five hundred (500) square feet of open sales and/or display area, plus one (1) space per employee;

j. Dance school: Five (5) spaces, plus one (1) space for each one hundred fifty (150) square feet of dance floor in excess of five hundred (500) square feet;

k. Self service storage facility: Three (3) spaces plus one (1) space per one hundred (100) units plus one (1) per employee;

l. Restaurant, fast food: One (1) space per four (4) seats, plus one (1) space per two (2) employees where seating is at tables, or one (1) space per two (2) seats, plus one (1) space per two (2) employees where seating is at a counter. For a fast food restaurant with no seating facilities: One (1) space per sixty (60) square feet of net floor area with a minimum of five (5) spaces;

m. Service or repair shop; retail store handling exclusively bulky merchandise such as automobiles and furniture: One (1) space per six hundred (600) square feet of floor area plus one (1) space per two (2) employees;

n. Bank or office (except medical or dental clinic): One (1) space per two hundred fifty (250) square feet of floor area;

o. Medical and dental clinic: Two (2) spaces for each examination room, treatment room, or patient station plus one (1) space for each doctor;

p. Eating or drinking establishment: One (1) space per four (4) seats;

q. Mortuary: One (1) space per four (4) seats or eight (8) feet of bench length in chapels;

r. Nursery or greenhouses: One (1) space per each two hundred fifty (250) square feet of indoor retail sales; greenhouse sales area shall provide one (1) space per one thousand (1,000) square feet and one (1) space per five hundred (500) square feet above one thousand (1,000) square feet; exterior nursery sales area shall provide one (1) space per one thousand (1,000) square feet of exterior nursery sales area.

(7) Industrial:

a. Storage warehouse, manufacturing establishment, air, rail, or trucking freight terminal: One (1) space per employee on the largest shift.

b. Wholesale establishment: One (1) space per employee on the largest shift plus one (1) space per seven hundred (700) square feet of patron service area. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4178, § 3, 1-27-97; Ord. No. 4388, § 2, 2-14-05; Ord. No. 4504, § 3, 6-23-08; Ord. No. 4671, § 1, 10-24-16; Ord. No. 4676, § 28, 11-28-16; Ord. No. 4689, § 11, 4-24-17)

Sec. 37-149.1. Drive-thru service facilities.

(a) Number of car queue spaces required: The minimum number of car queue spaces for drive-thru service facilities shall be as follows, unless otherwise justified by a trip generation and site design study performed by a traffic engineer licensed in the state of Idaho specific to the proposed drive-thru service facility and accepted by the city engineer:

(1) Eating and drinking establishments that have an ordering station separate from the pick-up window: nine (9) spaces total with at least four (4) spaces from the pick-up window to the ordering station; or, if two (2) ordering stations in different lanes merge into a single pick-up window lane, then eleven (11) spaces total with at least five (5) spaces from the pick-up window to the ordering station and at least three (3) spaces per ordering station.

(2) Eating and drinking establishments without an ordering station separate from the pick-up window and where ordering, payment, and pick-up are done at the same service window: five (5) spaces for a one (1) window facility or four (4) spaces per window for two (2) service windows.

(3) Car washes: four (4) spaces for a single bay automated system; or two (2) spaces per bay for a multiple bay automated system; or one (1) space per bay if the car wash is a non-automated system whereby the driver gets out of the vehicle to wash the vehicle in the wash bay.

(4) Pharmacies: four (4) spaces.

(5) Banks and automated teller machines: three (3) spaces per service station; or, if more than one (1) non-tandem service station (i.e., multiple service station lanes), then two (2) spaces per service station.

(6) Gas pumps: one (1) space from each end of each pump island.

(7) Other: For other types of drive-thru service facilities not included in a category listed above, the minimum number of car queue spaces shall be four (4).

(8) A minimum of two (2) car queue spaces shall be required for the exiting of a drive-thru service facility, as measured from the forward end of the final point of service to any point of anticipated traffic stoppage, such as the intersection of the drive-thru exit lane with another queue lane or with a driveway exit from the property. This minimum number of exit car queue spaces may be increased, as determined by the city engineer, based upon the design and traffic flow conditions specific to the site.

(b) Design standards and requirements: Drive-thru service facilities shall comply with the following design standards and requirements:

(1) Minimum car queue space length: twenty (20) feet per space.

(2) Minimum drive-thru lane and car queue space width: ten (10) feet.

(3) Minimum drive-thru lane inside turn radius: twenty (20) feet.

(4) Minimum buffer (not required for gas pumps):

a. Each drive-thru service facility shall provide a five (5) foot wide minimum irrigated landscape strip planted with a minimum of one (1) one-and-one-half (1.5) inch diameter caliper shade tree and five (5) shrubs every thirty-five (35) feet along its street frontage(s).

b. Each drive-thru facility shall provide at least one (1) of the following buffers between the drive-thru lane, including all minimum required car queue spaces and the required two (2) exit car queue spaces, and an adjoining property:

1. Fifteen (15) foot minimum distance between outside line of drive-thru lane and property line;

2. A six (6) foot tall minimum sight obscuring fence (no chain link with slats) or wall; provided, that it shall not cause a vehicular or pedestrian traffic hazard due to interference with sight distance triangles;

3. A five (5) foot wide minimum irrigated landscape strip planted with a minimum of one (1) one-and-one-half (1.5) inch diameter caliper shade tree and five (5) shrubs every twenty-five (25) feet; provided, that the plantings shall not cause a vehicular or pedestrian traffic hazard due to interference with sight distance triangles;

4. Any combination of reduced versions of the buffers listed above, if the community development director determines it provides equal or greater benefit than the individual buffers listed above.

(5) Car queue space measurement shall begin from the forward end of the car queue space located at the point of service.

(6) Drive-thru lanes, including all minimum required car queue spaces and the two (2) required exit car queue spaces, shall be paved.

(7) Drive-thru lanes shall not be located within a public right-of-way, required parking stall access maneuvering area, or drive aisle.

(8) Drive-thru lanes shall be clearly demarcated with striping or curbing.

(9) If a drive-thru lane is located between a building entrance and parking spaces for the building, a minimum four (4) foot wide pedestrian crossing shall be striped across the drive-thru lane directly in front of the building entrance. The pedestrian crossing shall be clearly identified as such and include a “KEEP CLEAR” or “DO NOT BLOCK” sign or message. The width of the pedestrian crossing shall not count toward the minimum required car queue space length for the drive-thru service facility.

(10) If provided as part of a drive-thru service facility, an ordering station using a speaker system shall not be located less than ten (10) feet from a residential property without a noise attenuation wall designed to ensure compliance with Chapter 24, Article II of this code (Noise Control Regulations).

(11) Site plans showing compliance with the requirements for drive-thru service facilities set forth herein shall be prepared by a design professional licensed in the state of Idaho.

(12) Operation of a drive-thru service facility shall only be permitted when ingress and egress to and from a public right-of-way does not generate conflicting turning movements or traffic congestion deemed hazardous by the city engineer. The city engineer may deny an application for a drive-thru service facility or impose limitations as necessary to prevent any such hazardous turning movements or traffic congestion.

(13) Applicants proposing a car wash shall provide a written statement on the site plan for the building permit application documenting the following:

a. The proposed car wash and any associated vacuuming service facilities, based upon the particular equipment and site design proposed, will comply with Chapter 24, Article II of this code (Noise Control Regulations), and that if a noise violation is found by the city, the property owner will be responsible for implementing measures as necessary to abate the noise violation; and

b. Based upon the particular car wash and site design proposed, spray that may exit the car wash will not cause a nuisance, and that if said spray is determined by the city to be a nuisance, the property owner will be responsible for implementing measures as necessary to abate the nuisance. (Ord. No. 4671, § 2, 10-24-16)

Sec. 37-150. Off-street loading.

Off-street loading shall be required as provided in this article.

(1) A school having a capacity greater than twenty-five (25) students shall have a driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading children.

(2) Buildings or structures to be built or substantially altered and which receive and distribute material or merchandise by truck shall provide and maintain off-street loading berths in sufficient numbers and sizes to handle adequately the needs of the particular use.

(3) Vehicles in the berth shall not protrude into a public right-of-way or sidewalk. When possible, loading berths shall be located so that vehicles are not required to back or maneuver in a public street.

(4) Loading space that has been provided in connection with an existing use or is added to an existing use shall not be eliminated if it would result in less space than is required to handle the needs of the particular use. Off-street parking space used to fulfill the requirements of this chapter shall not be used for loading and unloading except during periods of the day when it is not required to meet the parking needs. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-151. Design requirements for parking lots.

(a) Parking required by section 37-149 of this code and associated driveways and vehicle maneuvering areas shall be surfaced with asphalt, concrete, brick, other impermeable surface or other permeable pavers or other surface system of materials manufactured and designed specifically for vehicular parking and constructed so as to uphold the weight of fire fighting apparatus. A gravel surface, compacted or not, shall not qualify as a permeable surface system of materials manufactured and designed specifically for vehicular parking. Parking spaces required under this code shall be striped. Wheel stops shall be provided for any required parking that abuts a public or private sidewalk or path improved and intended for people to walk, except where such sidewalk or walking path is six (6) feet or more in width. Required parking shall meet the dimensional design standards for the development of parking areas established by the public works department of the city, including storm water runoff.

(b) Overflow parking areas or parking provided in excess of that required by section 37-149 of this code may be gravel. Parking areas for the display of vehicles associated with a car sales lot shall not qualify as overflow parking. Overflow parking areas for churches, schools, and other similar places of assembly and for commercial amusement and outdoor entertainment facilities may be of any surface. Overflow parking areas shall provide stormwater runoff facilities approved by the public works department of the city, and shall be designed and maintained to prevent dirt from being tracked onto a public street and to prevent dust trespass onto neighboring properties. Exiting for overflow parking areas shall be arranged such that the vehicles must pass over a minimum of twenty (20) feet of asphalt, concrete or brick to allow any mud to track off prior to vehicle entry onto a public street. Dust palliative shall be applied as necessary to prevent dust trespass onto adjoining properties. Vehicular access to any overflow parking areas which does not utilize existing approved access from a public street is subject to approval of the department of public works. Overflow parking shall provide six (6) foot tall sight-obscuring fencing or landscaping in accordance with section 37-153(b)(1) of this code along any abutting residentially zoned property line. Overflow parking shall not be located within any yard/setback area required by this chapter if such yard/setback is adjoining a residential zoning district.

(c) Except for parking in connection with dwelling, parking and loading area adjacent to or within a residential zone or adjacent to a dwelling shall be designed to minimize disturbances of residents by the erection between the uses of a sight-obscuring fence of not less than five (5) nor more than six (6) feet in height, except where vision clearance is required.

(d) Parking spaces along a property line shall be contained by a bumper rail, curb, or wheel stops at least four (4) inches high and set back a minimum of two (2) feet from the property line. Such containment shall not be required if the property line in question is common between two (2) lots which have a shared parking and/or access design and the bumper rail, curb or wheel stops would interfere with the shared parking and/or access design.

(e) Except for single-family and two-family dwellings, groups of more than two (2) parking spaces shall be so located and served by a driveway that their use will require no backing movement or other maneuvering within a street right-of-way other than an alley.

(f) Service drives and street approaches to off-street parking areas shall be designed and spaced to provide maximum safety for vehicles and pedestrians. The number of service drives shall be limited to the minimum that will accommodate anticipated traffic. Service drive approach widths, design and spacing shall be in accordance with the adopted design standards of the department of public works and subject to approval by the department of public works.

(g) Creation of any parking lot or parking area described in this section shall be subject to approval of a parking lot development permit and associated plan submitted by the property owner or appropriate representative to the community development department and routed to the public works and fire departments for approval. The plan shall show compliance with the design standards of this code section. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4531, § 15, 7-13-09; Ord. No. 4575, § 1, 2-27-12)

Sec. 37-152. Completion time for parking lots.

Required parking spaces shall be improved as required and made available for use before the final inspection is completed by the building inspector. If the parking space is not required for immediate use, an extension of time may be granted by the community development director, providing that a performance bond or its equivalent is posted equaling the cost to complete the improvements as estimated by the building inspector. If the improvements are not completed within one (1) year’s time, the bond or its equivalent shall be forfeited and the improvements constructed under the direction of the city. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-153. Landscaping.

(a) Purpose: Landscaping requirements are to be an integral part of all development. The intent is to mitigate pollution, buffer incompatible uses, reduce the barren appearance of parking lots, create aesthetic environments, create shade and reduce heat buildup while maintaining design flexibility.

(b) Landscaping shall be required for all off-street parking areas for more than five (5) vehicles, except for those uses enumerated in subsection (j) of this section and to provide landscaped buffers between public rights-of-way and parking lot areas, subject to the following provisions:

(1) A five (5) foot minimum buffer strip is required between the parking lot and public rights-of-way with a minimum of one (1) one-and-one-half-inch caliper shade tree and five (5) shrubs every thirty-five (35) linear feet.

(2) All parking lots under ten thousand (10,000) square feet of vehicular surface area shall have a minimum of two (2) foot wide perimeter planting area around that portion of the parking area not adjacent to the public rights-of-way. All lots over ten thousand (10,000) square feet are to have a minimum of five (5) foot perimeter planting strip around that portion of the parking area not adjacent to the public right-of-way. All perimeter planting strips are to have a minimum of one (1) shade street of one-and-one-half-inch caliper and five (5) shrubs every thirty-five (35) linear feet.

(3) Interior landscaping is to be a percentage of the total vehicular surface area and is in addition to the perimeter and right-of-way landscaping requirements.

Vehicular surface area

Percent of interior landscaping

2,500 – 6,999 square feet

3%

7,000 – 49,999 square feet

5%

 

Vehicular surface area

Percent of interior landscaping

50,000 – 149,000 square feet

8%

150,000 or larger

10%

Interior plantings are to include trees with a minimum size of one-and-one-half-inch caliper. To ensure proper growth of vegetation, all interior planting beds shall have a minimum dimension of six (6) feet at the narrowest point with a soil depth appropriate for the trees selected. See city of Lewiston tree planting standards and techniques for proper tree planting procedures. No shrub landscaping is required for interior planting.

Required shade trees will be of such species and canopy shape to provide a predicted fifty (50) percent canopy cover of the parking lot area after a ten (10) year growth period.

All tree species shall be classified by the City Tree Selection Guide as drought, insect and disease resistant. Exceptions may be approved by the community development director upon the recommendation of the city forester. Preservation of healthy trees existing on the site before construction may be used to satisfy species and landscaping requirements.

(4) An irrigation system shall be provided for all required landscaping.

(c) In the Commercial (C), Manufacturing (M) zones, Airport (A) and Port (P) zone, all required front yard setbacks shall be landscaped. Landscaping shall consist of a minimum of one (1) tree of one-and-one-half-inch caliper and five (5) shrubs per thirty-five (35) linear feet.

(d) In the Commercial (C), Manufacturing (M), Airport (A), and Port (P) zones, when abutting a residential zone, the required side and rear yards, which share a common property line with the residential zone, shall be landscaped or fenced except as provided for in this section. Landscaping shall consist of a minimum of sixty (60) percent coniferous plants, a minimum of six (6) feet in height at the time of planting, spaced in a manner to create a complete visual screen between the abutting land uses within three (3) years from time of planting. Fencing shall consist of six (6) foot tall wood, slatted chained link or masonry panels. Prior to installation of the landscaping or fencing, the adjacent residential property owner shall be contacted and asked for input whether the buffer will be landscaping or fencing. The adjacent residential owner may also waive the buffer. The adjacent residential property owner shall be given fifteen (15) days to indicate their preference. If no response is provided within fifteen (15) days, the nonresidential property owner may install fencing or landscaping as described above.

(e) Trees and shrubs may be arranged to achieve the desired effect provided the required number is provided.

(f) A performance bond may be required to ensure compliance with this section and to cover maintenance for a period not to exceed one (1) year after time of planting.

(g) An occupancy permit shall not be issued by the community development department until the required landscaping is completed. Occupancy of a building is not allowed unless the following condition applies:

(1) If, due to seasonal weather considerations, it is not feasible to install required landscaping, a temporary certificate of occupancy may be issued after a performance bond or other security instrument acceptable to the city attorney has been posted with the city in the amount of one hundred twenty-five (125) percent of the value of the required improvements.

(h) It is not the intent of this chapter to inhibit creative solutions to land use problems. An alternative design or modification of these requirements may be allowed with the approval of the community development director. This is not a variance of or waiver of existing standards and the proposed alternative must meet or exceed existing requirements. Requirements may be modified when:

(1) Soil or slope limitations make strict adherence impractical;

(2) Safety considerations are involved, especially in the clear vision triangles;

(3) Due to a change of use of an existing site, the required buffer yard is larger than can be provided.

(i) In all manufacturing and commercial zones, all undeveloped land areas that were disturbed during the construction phase, excluding the building footprints and parking areas, shall be leveled to grade, removing all surface irregularities, weed growth and construction debris in preparation for installation of approved erosion control measures. All areas that were previously disturbed during the construction phase and subsequently prepared for seeding, must be properly planted with specified grass during the first seasonally appropriate planting period. All areas which will not be seeded with grasses shall be stabilized with approved erosion control measures prior to issuance of a certificate of occupancy for the primary structure.

(j) Exemptions:

(1) Single-family residential off-street parking areas;

(2) Properly licensed auto and vehicle dealers are exempt from providing landscaping within the interior of the sales and display area. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4400, § 1, 7-11-05)

Sec. 37-154. Incentives for landscaping.

(a) The community development director may reduce the parking requirements by up to five (5) percent of the required number of spaces if the proposed landscape plan incorporates the retention of significant trees, particularly in the interior of the site, or if the proposed landscaping area exceeds the requirements of this chapter by fifteen (15) percent or more. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-155. Parking and landscape plan requirements.

(a) A plan, drawn to scale, indicating how the off-street parking and loading requirements and landscaping requirements will be met shall be submitted to the community development director for review and approval at the time of application for a building permit. The plan shall show all elements necessary to indicate that the requirements are being met, including the following:

(1) Individual parking and loading spaces showing parking space striping and capacity calculations;

(2) Circulation area necessary to serve spaces;

(3) Access to off-street and property to be served;

(4) Curb cuts;

(5) Dimensions, continuity, and substance of screening, if any;

(6) Grading, surfacing, drainage, and subgrading details;

(7) Obstacles, if any, to parking and traffic circulation in finished parking area;

(8) Specifications for signs and bumper guards;

(9) Footprint and dimensions of all existing and proposed structures;

(10) All sidewalks and pedestrian ways;

(11) Location, height and materials for all fences and walls;

(12) Boundaries and dimensions of the site;

(13) Location and spacing of all plant material;

(14) Common and scientific names of all plant materials;

(15) Size of plants at time of planting;

(16) Type and depth of mulch;

(17) Required irrigation systems;

(18) Other pertinent details.

(b) All tree planting shall conform to procedures contained in the most recent edition of “Tree and Shrub Transplanting Manual”, distributed by International Society of Arboriculturalists, a copy of which is maintained in the office of the city forester. (Ord. No. 4108, § 2, 8-15-94)

ARTICLE VIII. EXCEPTIONS

Sec. 37-156. Projections from buildings.

In residential zones, cornices, eaves, canopies, sunshades, gutters, chimneys, flues, belt courses, headers, sills, pilasters, lintels, and other similar architectural features may extend into the required rear or side yard setback to a point not closer than two (2) feet from the property line.

In residential zones, cornices, eaves, canopies, sunshades, gutters, chimneys, flues, belt courses, headers, sills, pilasters, lintels, and other similar architectural features may extend into the required front yard setback to a point not closer than ten (10) feet from the property line. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4424, § 1, 11-21-05)

37-157

Reserved.

Editor’s Note – Ord. No. 4531, § 22, adopted July 13, 2009, repealed § 37-157, relating to general exceptions of lot size requirements, which derived from Ord. No. 4108, § 2, adopted Aug. 15, 1994.

Sec. 37-158. General exceptions to front yard requirements.

(a) The following exceptions to the front yard requirements are authorized for a lot in any zone:

(1) On corner lots, the owner of the lot may determine which street the front of the lot shall face.

(2) If there are dwellings on both abutting lots with front yards of less than the required depth of the zone, the front yard for the lot need not exceed the average front yard of the abutting dwellings.

(3) If there is a dwelling on one abutting lot with a front yard setback of less than the required setback for the zone, the front yard setback for the lot need not exceed a depth one-half (1/2) way between the setback of the abutting lot and the required front yard setback.

(4) The planning and zoning commission may establish greater yard requirements when the yard abuts a street which the city has designated for widening.

(b) The community development director shall, upon written application therefor, grant permits allowing exceptions to front yard setback requirements in residential (R) zones, permitting encroachments up to ten (10) feet from the front property line, when all of the following standards are met:

(1) No structure or other encroachment shall be permitted closer than thirty-five (35) feet from the centerline of any adjacent street.

(2) The height of any structure or encroachment placed in the encroachment area (the “encroachment area” being any area within twenty (20) feet of the front lot line) shall be restricted as follows: structure height at the 10-foot line shall be zero feet; height may be increased three (3) feet for each foot beyond the 10-foot line, measured parallel with the front lot line. Height shall be measured from the top of the centerline of the adjacent street.

(3) No front yard setback exception permit shall be granted until all owners of record of property within three hundred (300) feet of the property for which the exception is requested shall be notified by mail of the proposed exception and afforded an opportunity, within fifteen (15) days of the mailing of notice, to object in writing to the granting of such permit; nor until the director of community development and the director of public works of the city shall have been notified of the permit request. If no written objections from the director of community development, the director of public works, or any other person entitled to notice are received within fifteen (15) days of such notice, the zoning official shall approve the request and issue the permit, subject to the requirements of subsections (b)(1) and (2) of this section.

(4) If any written objection to the granting of the permit is received within fifteen (15) days of such notice from any person entitled to notice, a hearing shall be held before the planning and zoning commission, pursuant to section 37-184 of this code. Following such hearing, if the planning and zoning commission finds that:

a. Traffic visibility and safety;

b. Aesthetic appearance of the neighborhood; and

c. Neighboring property values will not be adversely affected by the granting of the permit;

the permit shall be granted. Decisions of the planning and zoning commission may be appealed by any person entitled to notice of the proceedings, in accordance with section 37-185 of this code. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4438, § 1, 4-10-06)

Sec. 37-159. General exceptions to building height limitations.

Except in the airport zone or in the airport approach and clear zone, the following types of structures or structural parts are not subject to the building height limitations of this chapter: Chimneys, tanks, church spires, belfries, domes, monuments, fire and hose towers, observation towers, transmission towers, smokestacks, flagpoles, radio and television towers, masts, aerials, cooling towers, elevator shafts, and other similar projections. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-159.1. Setback from overhead electrical transmission lines.

Structures shall be set back a minimum of eleven (11) feet from the edge of the right-of-way or easement for overhead high voltage electrical transmission lines or the minimum setback for the zone in which the property is located, whichever is greater. (Ord. No. 4108, § 2, 8-15-94)

ARTICLE IX. CONDITIONAL USES

Sec. 37-160. Authorization to grant or deny conditional uses.

(a) Uses designated in this chapter as conditional uses may be permitted upon authorization by the commission in accordance with the standards and procedures established in this article. The commission may impose, in addition to those standards and requirements expressly specified by this chapter, any additional conditions which it considers necessary to protect the best interests of the surrounding property or the city as a whole. Those conditions may include, but are not limited to:

(1) More restrictive standards than generally required, such as increased lot or yard size, with limitations or increased parking space requirements;

(2) Minimizing adverse impacts, such as limiting the number, size and location of signs and requiring screening, diking, fencing or landscaping;

(3) Controlling the timing, sequence, and duration of development;

(4) Designating the exact location and nature of development and assuring that it is maintained properly;

(5) Requiring the provision of on-site or off-site public facilities.

(b) Pursuant to Idaho Code Section 67-6512(f), exceptions or waivers of standards, other than use, in this chapter may be permitted by the commission through issuance of a conditional use permit only when the exceptions or waivers of standards are incidental to the conditional use permit being considered by the commission.

(c) The commission shall consider the following relevant criteria and standards when considering whether to grant a conditional use permit and/or an exception or waiver of standard that is incidental to a conditional use permit:

(1) The proposed use (will/will not) result in conditions that will tend to generate nuisances (including but not limited to noise, dust, glare, vibrations, odors and the like) or, if so, that any anticipated nuisances will be appropriately mitigated.

(2) The proposed use (is/is not) a public necessity (and/but) (is/is not) justified by the applicant and deemed to be of benefit to the public.

(3) The character of the proposed use, if developed according to the plan as submitted, (will/will not) be in harmony with the area in which it is to be located.

(4) The proposed use (will/will not) endanger the environment or the public health or safety.

(5) The proposed use (will/will not) be in substantial conformance with the comprehensive plan.

(d) Any use which is granted and permitted as a conditional use in a particular zone under the terms of this chapter shall be deemed to be a conforming use in said zone. A use existing prior to August 15, 1994, and which is classified in this chapter as a conditional use, shall be considered a conforming use. Any future change or alteration in existing structures shall be permitted outright, provided required permits are obtained and standards complied with. Any change in use shall be subject to the regulations of the zone in which it is located.

(e) Any increase in lot area for a use allowed by conditional use shall require the approval of the planning and zoning commission in the same manner as the original application.

(f) Upon approval by the planning and zoning commission of the findings of fact, conclusions of law and decision, those decisions that create uses that may be transferred with the land shall be filed on record in the office of the Nez Perce County recorder.

(g) Authorization of a conditional use shall be void after twelve (12) months unless:

(1) A building permit pursuant thereto has been applied for;

(2) Where no building permit is required, the intent of the conditional use has been fulfilled; or

(3) Substantial progress towards completion of the project has been accomplished, as determined by the community development director.

(h) The community development director may extend the expiration date of a conditional use permit to six (6) months upon written request of the applicant. The decision to grant or deny the extension shall be based on the following criteria:

(1) Application for extension is received prior to the expiration date;

(2) The conditional use remains consistent with the comprehensive plan and conditional uses allowed with the zone;

(3) The applicant can show progress towards establishing the conditional use;

(4) The applicant can show that circumstances specific to the conditional use and beyond the applicant’s control warrant an extension of time. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4530, § 1, 4-27-09; Ord. No. 4631, § 1, 7-13-15; Ord. No. 4651, § 1, 2-22-16)

Sec. 37-161. Application for a conditional use.

(a) A property owner or his agent may initiate a request for a conditional use or for the modification of an existing conditional use by filing an application with the community development department on forms prescribed in Article XIII. The application shall be submitted at least twenty (20) working days prior to the meeting at which it will be considered. The application for a conditional use shall be accompanied by a site plan drawn neatly and accurately and to an appropriate scale showing at least the following items:

(1) Property lines;

(2) Street address or legal description;

(3) Zoning of the property;

(4) Setbacks measured from the property lines;

(5) All building locations, size of buildings and overhangs;

(6) Driveways and parking spaces;

(7) Landscaping;

(8) The size, location and nature of the requested use;

(9) The location and size of all existing and proposed signs;

(10) Location of solid waste disposal and collection facilities;

(11) Other information, as directed by the community development department, necessary to fully explain and describe the nature of the request.

(b) The general site plan, as approved or modified by the commission, shall be made a part of the applicant’s file and all construction and development shall comply with the conditions of approval set by the commission as well as all applicable city codes. Nothing in this general site plan approval shall be interpreted as allowing the owner or applicant variation from current ordinances that were not specifically addressed at the time of permit approval. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-162. Public hearing on a conditional use.

Before the commission shall act upon a request for a conditional use, it shall hold a public hearing pursuant to section 37-184 of this chapter. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-163. Standards governing conditional uses.

A conditional use shall comply with the standards of the zone in which it is located, except as the planning and zoning commission may modify these standards in authorizing the conditional use or as otherwise provided as follows:

(1) Adult bookstores, adult theaters and adult entertainment facilities. The city of Lewiston planning and zoning commission may authorize an adult bookstore, adult theater, or adult entertainment facility within the appropriate zone as a conditional use only when the subject structure, building, place or portion thereof is located more than one thousand two hundred (1,200) feet from all residential zoning districts within the city, is located more than one thousand two hundred (1,200) feet from all educational facilities for minors, places of worship, city parks or playgrounds, or public meeting facilities catering substantially to minors. The planning and zoning commission shall review each application for a conditional use permit for adult bookstores, adult theaters, or adult entertainment facilities and shall cause the use of the property to be restricted in such a manner that the intended use shall be properly, adequately landscaped and that all signage for the facility shall be limited in size so as to be unobtrusive and compatible with adjoining land uses.

(2) Alternative telecommunications towers standards.

a. Alternative telecommunications towers authorized as a conditional use or a use permitted in a zone shall not exceed seventy (70) feet including the building to which it is attached. Height is measured at natural grade.

b. Alternative telecommunications towers shall comply with setback and yard requirements of the underlying zone.

c. An alternative telecommunications tower shall be determined to be abandoned if, for a period of eighteen (18) consecutive months, the owner or his lessee(s) does not use the tower for telecommunications services. All abandoned telecommunications towers shall be removed, and the site returned to its natural state eighteen (18) inches below grade, within six (6) months of abandonment. A performance bond in the amount of fifteen thousand dollars ($15,000) and memorandum of understanding with the city of Lewiston shall be required to ensure demolition of telecommunications towers after abandonment. The memorandum of understanding shall ensure annual renewal of the bond.

d. Prior to approval of a building permit, the applicant for construction of an alternative telecommunications tower shall provide proof of liability insurance of one million dollars ($1,000,000) or more to the director of community development or his designee.

e. Alternative telecommunications towers shall not display signage, logos, symbols, or any messages of a commercial or noncommercial nature on towers, support structures or the fence securing the tower, except where a sign is required for life and safety issues. A sign, not to exceed one and one-half (1-1/2) square feet, shall be posted on the fence or gate identifying the current owner of the tower, emergency contact or agency, and applicable contact numbers.

f. The appearance of alternative telecommunication towers shall be limited to:

1. An unadorned single pole not more than three (3) feet in diameter along its entire length.

2. A lighting pole such as those usually and customarily used for municipal or parking lot lighting.

3. Any antenna attached to a pre-existing structure.

(3) Churches. The planning and zoning commission may authorize a church as a conditional use, if, in its judgment, the size of the site is adequate for the intended use, access to the site is adequate, and the surrounding property will not otherwise be adversely affected. A church may exceed the height limitations of the zone in which it is located to a maximum of fifty (50) feet, if the total floor area of the building does not exceed one and one-half (1-1/2) times the area of the site and if the yard dimensions in each case are equal to at least two-thirds (2/3) of the height of the principal structure.

(4) Multifamily dwelling. Where permitted as a conditional use, all standards for multifamily dwellings required of this chapter shall be met, and:

a. For multifamily dwellings exceeding one (1) story:

1. Side yards shall be twice that required in the zoning district; or

2. Side yards may be those required in the zoning district where the structure is designed such that the second story wall begins at least twenty (20) feet from the property line.

b. No more than fifty (50) percent of required parking for a multifamily dwelling may be allowed in the front of the building. For purposes of this requirement, the front of the building shall be that closest to street frontage(s). The planning and zoning commission or the city council may, as a condition of approval, require recreational and boat parking or additional open space.

(5) Repealed by Ord. No. 4354.

(6) Medical or dental clinic. The planning and zoning commission may authorize a medical or dental clinic as a conditional use in a residential zone when the location does not conflict with the established character of the neighborhood. In general, the planning and zoning commission will encourage a grouping of medical facilities in locations convenient to hospitals and which are located on arterial or collector streets and on the periphery of neighborhoods, rather than in their midst.

(7) Public utility. In considering an application for a public utility use, the planning and zoning commission shall determine that the site, easement, or right-of-way is located so as to best serve the immediate area, and in the case of a right-of-way easement will not result in the uneconomic parceling of land. As far as possible, transmission towers, poles, overhead wires, pumping stations, and similar gear shall be so located, designed, and installed as to minimize their effect on scenic values and interference in radio and television receivers in the vicinity.

(8) Wrecking yard or junkyard. A wrecking yard or junkyard shall be enclosed by a sight-obscuring fence not less than eight (8) feet high. A five-foot minimum buffer strip is required between the yard and the public right-of-way or residential zone or use with a minimum of one (1) one-and-one-fourth-inch caliper shade tree and five (5) shrubs every thirty-five (35) linear feet. When the use abuts a residential zone or use, the required yard shall be a minimum of sixty (60) percent coniferous plants, a minimum of six (6) feet in height at the time of planting, spaced in a manner to create a complete visual screen.

(9) Individual minimum five thousand (5,000) square foot lots.

a. Minimum lot size shall be five thousand (5,000) square feet with a minimum lot width of fifty (50) feet and minimum lot depth of eighty (80) feet.

b. Two (2) family units constructed so as to share a common or adjoining side wall shall be allowed to be legally split into two (2) minimum five thousand (5,000) square foot lots, provided all other setback and design criteria have been met. The side yard opposite the zero lot line shall be a minimum of fifteen (15) feet.

c. Setbacks and other design criteria shall be consistent with the zone except as otherwise stated.

d. Maximum lot coverage shall be forty (40) percent.

e. Accessory buildings shall be limited to twenty (20) percent of the total lot area and at no time shall more than fifty (50) percent of the floor area of all structures on the lot be accessory uses.

f. When applying for a building permit, the owner shall present a verification of survey stakes or a resurvey. He shall also show the present or future location of the garage and access drive.

g. Neighborhood compatibility must be proven. Any proposal which radically or adversely affects the density, typical pattern of development or style of housing will not be permitted.

(10) Heliports.

a. Definitions.

Helicopter: A rotary wing aircraft that depends principally upon the lift generated by one (1) or more power-driven rotors rotating on substantially vertical axes for its support and motion in the air, capable of hovering and flying backward and sideways in addition to forward flight.

Heliport: An area, either at ground level or elevated on a structure, used for the landing and take-off of helicopters.

Helistop: A minimum facility heliport, either at ground level or on a structure, without such auxiliary facilities as a waiting room hangar, parking, fueling and maintenance.

Landing and take-off area: That specific area in which the helicopter actually lands and takes off, including the touchdown area.

Obstruction clearance slopes: Imaginary planes leading outward and upward from the take-off and landing area at angles compatible with the flight characteristics of the helicopter and the type of operations anticipated.

Peripheral area: A safety zone that provides an obstruction-free area on all sides of the landing and take-off area.

Touchdown area: That part of the landing or take-off area where it is preferred that the helicopter alight.

b. Classification of heliports.

1. Public use. A heliport shall be classified public when it is used for transportation by the general public.

2. Private use. A heliport that is used privately for a special-use facility without scheduled air taxi operations for the public shall be classified private.

3. Classes of heliports shall be as follows:

A. Class I – Private.

B. Class II – Public (small).

C. Class III – Public (large).

4. Subclassification of heliports is based upon support facilities and shall be as follows:

A. Subclass A: Minimum support facilities – No buildings, maintenance or fueling.

B. Subclass B: Limited support facilities – No maintenance or fueling.

C. Subclass C: Complete support facilities – Including maintenance and fueling.

c. General site considerations. For the purposes of reviewing heliport sites under conditional use, the planning and zoning commission shall encourage approach-departure paths over watercourses, beaches, parks, golf courses, industrial areas, vacant land or highways with minimum amount of obstructions. Highly populated areas including residential developments, playgrounds, schools and shopping districts shall not be used for approach-departure paths to the heliport.

d. Heliport dimensions.

1. The length and width of the landing and take-off area shall be one and five-tenths (1.5) times the overall length of the helicopter.

2. The peripheral area surrounding the landing and take-off area shall have a minimum width of one-fourth (1/4) the overall length of the helicopter, but not less than ten (10) feet.

3. A safety barrier along the outside edge of the peripheral area shall consist of a chain link fence constructed to three (3) feet in height which shall be the minimum and maximum height. A heliport used for private use shall not be required to construct the safety barrier if the heliport property is enclosed within a security fence.

4. No heliport shall be constructed or continued to be operated where the touchdown area is located within a horizontal distance to the nearest building as measured on an obstruction clearance slope ratio of two (2) feet distance to one (1) foot height of the nearest building except for structures built for the operation of any heliport. A touchdown area for a heliport located on a building roof shall have either the same or a higher elevation of the nearest building as measured on the obstruction clearance slope ratio of two (2) feet distance to one (1) foot height.

5. The landing and take-off area shall be paved with plant mix asphalt or portland cement concrete.

e. Conditional use for heliport. The planning and zoning commission may grant a conditional use permit for a heliport for a period of five (5) years, which shall be reviewed by the planning and zoning commission within six (6) months of its expiration. The commission is hereby authorized to terminate the conditional use permit upon such review should land use development within the vicinity warrant revocation at the expiration of the initial five-year period.

(11) Ravines and drainageways.

a. Open drainage channels defined as category B drainages within section 37-3 of this code shall not be altered, improved, or relocated without approval of the Lewiston planning and zoning commission. Improvements may include the use of pipes, culverts, or concrete lining.

1. Requests for alteration, improvement or relocation of a category B drainage shall be submitted with drawings of improvements or alterations, and a statement that the estimated flow of storm water will be maintained throughout the channel. The drawings and statement shall be signed and stamped by an engineer registered in the state of Idaho.

2. The city engineer shall review requests for alteration, improvement or relocation within fifteen (15) working days of complete submittal. Complete submittal shall include:

A. Proof of application for a section 404 permit from the Army Corps of Engineers or a letter from the Corps of Engineers stating no permit is required;

B. Proof of application for a stream channel alteration permit from the Idaho Department of Water Resources or a letter from the Department of Water Resources stating no permit is required; and

C. Proof of compliance with National Pollution Discharge Elimination System (NPDES).

3. The city engineer shall make a recommendation to the planning and zoning commission within forty-five (45) working days of complete submittal.

4. The planning and zoning commission shall approve or deny a conditional use permit for the proposed alteration, improvement or relocation at a public hearing as provided in Article XIII of this chapter. The commission may consider impacts of the proposed project on upstream property owners, water quality, wildlife habitat, and other considerations pertinent to the site and the proposed project. The commission may request documentation of land use impacts, both existing and proposed, through studies, presentations, or other documents, and may require said documentation to be stamped and signed by professionals deemed qualified by the commission.

5. Open drainage channels that meet the definition of waters of the U.S. as determined by the Army Corps of Engineers shall not be altered, improved, or relocated without a Department of the Army permit and a stream channel alteration permit issued by the state of Idaho, or a letter of “no permit required” from both agencies.

b. Ravine/drainageway standards.

1. Grading standards for alteration, excavation, fill, relocation, or modification of drainageways identified in the Lewiston storm water master plan shall be those standards provided in the 1997 Uniform Building Code, Appendix Chapter 33, Excavation and Grading, except that Sections 33.6.2 and 3310 shall not apply.

2. All slopes disturbed by project grading, including on-site slopes which are not necessary for construction staging, shall be reseeded with native shrubs, grasses, etc., consistent with recommendations from a qualified erosion control professional, or an equivalent approved by the community development director. Reseeding shall be completed within three (3) months of completion of final grading. These areas shall be bonded to ensure proper reestablishment of the vegetation, with temporary irrigation if deemed necessary based on seed mix and time of year.

3. An erosion control plan meeting requirements of the National Pollution Discharge Elimination System (NPDES) of the U.S. Environmental Protection Agency shall be submitted to the community development director with all grading permits.

4. Drainageways will not be piped and/or filled unless there are no alternatives.

5. Engineered improvements to the drainageway shall emphasize reducing erosion, improving water quality, and controlling velocities.

(12) Class B manufactured homes on individual building lots.

a. No Class B manufactured home shall be allowed on any individual building lot within the city of Lewiston unless the Class B manufactured home has been inspected and approved by the United States Department of Housing and Urban Development (HUD) and bears the seal of that department, and the planning and zoning commission of the city of Lewiston, Idaho, shall find that approval of the application for a conditional use permit will be compatible with the general character of the neighborhood or to the property values of other property within the neighborhood. In making its determination, the commission shall consider at least the following criteria:

1. Existence of other similar Class B manufactured homes in the neighborhood within three hundred (300) feet of the proposed location.

2. The general character of the neighborhood within three hundred (300) feet of the proposed site, including the existing land uses, compatibility of types and types and styles of buildings and condition of housing.

b. Approval of a conditional use permit application shall be conditional upon the applicant complying with the following requirements:

1. The Class B manufactured home shall be permanently attached to the real property of the lot upon which the manufactured home is situated by anchoring the manufactured home to a concrete foundation, removing the tongue and wheels from the manufactured home and installing skirting around the entire circumference of the manufactured home.

2. A building permit for the placement of the Class B manufactured home on the foundation on the lot shall be obtained from the community development department of the city of Lewiston.

3. A certificate of occupancy for the Class B manufactured home shall be obtained from the community development department of the city of Lewiston.

(13) Repealed by Ord. No. 4573.

(14) Home occupations not specifically enumerated in Article VI of this chapter, Home Occupations.

a. Within fifteen (15) days of application for a home occupation not specifically enumerated in Article VI of this chapter, Home Occupations, the community development director shall determine if the proposed home occupation is substantially similar to uses listed in section 37-142 of this code, Home occupations not permitted.

b. If the community development director determines that the proposed home occupation is substantially similar to uses listed in section 37-142 of this code, and not allowed, the application will be administratively denied.

c. If the community development director determines that the proposed home occupation is not similar to uses listed in section 37-142 of this code, the planning and zoning commission shall consider the application at the next regularly scheduled public hearing date.

(15) Kennel standards.

a. Where kennels are permitted as a conditional use, the following standards shall apply:

1. The floor of an indoor kennel shall be made or covered with a durable, impervious surface sloped to a floor drain to allow the area to be cleaned and disinfected;

2. The outdoor dog runs shall be enclosed with fences or walls of a minimum of eight (8) feet in height;

3. All laws applicable to the public health shall be complied with for the entire period of the operation of the kennel;

4. All outdoor kennels, play yards or pens associated with the kennel shall be located only in the side or rear yard and shall be set back one hundred (100) feet from any residentially zoned property;

5. A minimum ten-foot-wide landscaped buffer shall be installed along any side or rear property line adjacent to residentially zoned property. Landscaping shall consist of one (1) one-and-one-half-inch caliper deciduous tree or one (1) six-foot evergreen tree and five (5) one-gallon shrubs per thirty-five (35) linear feet.

(16) Manufactured homes as sales offices.

a. Manufactured home units, bearing the seal of the U.S. Department of Housing and Urban Development, or commercial coach units may be used for office space only for used car sales lots and manufactured home sales offices in commercial zones upon approval of a conditional use permit.

1. The manufactured unit shall not be used as a residence;

2. The manufactured unit shall be skirted in accordance with section 23-16 of this code; skirting shall be kept in reasonable repair;

3. The manufactured unit shall be placed at least twenty (20) feet from all property lines;

4. Parking lots and travelways serving the unit shall be in accordance with provisions of Article VII of this chapter;

5. The permit shall be personal to the applicant, shall not run with the land, and shall not be transferred to a future buyer of the property or business without a conditional use permit approved by the planning and zoning commission.

(17) Replacement of nonconforming commercial uses in residential zones. Where replacement of a nonconforming commercial use is permitted in a residential zone, the following standards shall apply:

a. A restored commercial building shall meet all yard and setback requirements for the zone.

b. A restored commercial building shall not exceed the square footage of the original building footprint, except as provided herein for energy conservation.

c. A restored commercial building shall be consistent with the prevailing architectural character of the neighborhood as determined by the planning and zoning commission. For purposes of commercial replacement in a residential zone, a neighborhood shall be defined by all the residential structures within three hundred (300) feet of the restoration site, or an area to be determined by the commission.

d. Restored commercial buildings shall provide adequate parking as determined by the planning and zoning commission. Parking lots shall meet all landscaping requirements of parking lots.

e. Area lighting shall meet or exceed standards established by the National Electrical Code, shall be downlit, shielded from above, and shielded from the sides with house side shields. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4249, § 57, 10-25-99; Ord. No. 4322, § 3, 12-9-02; Ord. No. 4328, § 4, 3-24-03; Ord. No. 4344, § 3, 11-17-03; Ord. No. 4354, § 3, 3-29-04; Ord. No. 4393, § 8, 3-14-05; Ord. No. 4399, § 2, 7-11-2005; Ord. No. 4499, § 2, 1-28-08; Ord. No. 4531, § 16, 7-13-09; Ord. No. 4573, § 1, 2-27-2012; Ord. No. 4630, § 1, 7-13-15; Ord. No. 4692, § 17, 10-30-17)

37-164

Reserved.

Editor’s Note – Ord. No. 4249, § 58, adopted Oct. 25, 1999, repealed § 37-164, relating to standards governing neighborhood commercial conditional uses, which derived from Ord. No. 4108, § 2, adopted Aug. 15, 1994.

37-165

Reserved.

Editor’s Note – Ord. No. 4283, § 5, adopted April 9, 2001, repealed § 37-165, relating to variances for existing businesses, which derived from Ord. No. 4108, § 2, adopted Aug. 15, 1994.

ARTICLE X. NONCONFORMITIES

Sec. 37-166. Statement of intent.

(a) Within zoning districts established by this chapter and its amendments there exist structures and uses of land. and combinations of structures and uses of land, which were lawful before this chapter was adopted or amended, but which would be prohibited, regulated, or restricted under the provisions of this chapter or its amendments. It is the intent of this chapter to permit these nonconformities to continue pursuant to these regulations.

(b) Whenever this article refers to the effective date of adoption of this chapter, the reference shall be deemed to be the date of adoption of Ordinance No. 4328 [March 24, 2003], or any subsequent revision adopted by ordinance which renders a lot, use of land, structure, or any combination thereof nonconforming.

(c) The intent of this article is to encourage the transformation of nonconforming uses into conforming uses, while not causing blight associated with abandoned buildings. The intent of this article is to allow nonconforming uses to improve their properties so that they may add property value, address deficiencies of the property, maintain the economic vitality of the surrounding neighborhood, and contribute to the community as a whole. However, it is not the intent of this article to allow the unfettered expansion or proliferation of nonconforming uses. (Ord. No. 4328, § 6, 3-24-03)

Sec. 37-167. Discontinuance of a nonconforming use.

Where at the effective date of this chapter lawful use of land exists which would not be permitted by the regulations imposed by this chapter, the use may be continued so long as it remains otherwise lawful, provided:

(1) No such nonconforming use shall be enlarged, increased, or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter, except as provided in section 37-170 of this chapter.

(2) If any such nonconforming use of land ceases for any reasons for a period of more than twelve (12) months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

(3) If any such nonconforming use of land involves the keeping of livestock, and is discontinued for a period of six (6) months, further use of the property shall conform to this chapter, except where a declaration of a water emergency by the water district or city council necessitates removal of livestock for pasturage, and due to a water shortage the use is discontinued for a period of twelve (12) months, or for pasture rotation, breeding or competitive showing.

(4) No structure shall be erected in connection with, or accessory to, a nonconforming use of land. (Ord. No. 4328, § 6, 3-24-03; Ord. No. 4354, § 4, 3-29-04)

Sec. 37-168. Nonconforming structures.

Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, the location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1) No such nonconforming structure may be altered in a way which increases its nonconformity, provided that:

a. Any structure or portion thereof may be altered to decrease its nonconformity;

b. A nonconforming structure may be enlarged, provided:

1. The addition or enlargement continues the profile of walls of the existing structure and does not increase the nonconformity;

2. The finished structure does not add another new nonconformity;

3. The finished structure does not extend into right-of-way; and

4. The structure remains otherwise lawful.

(2) Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than eighty (80) percent of its assessed value at time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.

(3) Should the owner move such structure for any reasons for any distance, it shall thereafter conform to the regulations for the zone in which it is located after it is moved. (Ord. No. 4328, § 6, 3-24-03)

Sec. 37-169. Replacement of nonconforming manufactured homes.

Nonconforming manufactured homes located on individual lots that are removed from the property shall be replaced by conforming units. In the F-2 and R-1 Zones, the Class B manufactured homes will not require a conditional use permit if replaced within six (6) months. (Ord. No. 4328, § 6, 3-24-03)

Sec. 37-170. Nonconforming uses of structures or of structures and land in combination.

If a lawful use involving nonconforming individual structures with an assessed value of one thousand five hundred dollars ($1,500) or more, or of structure and land in combination, exists at the effective date of adoption or amendment of this chapter that would not be allowed in the zone under the provisions of this article, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1) An existing structure devoted to a use not permitted by this chapter in the zone in which it is located shall not be enlarged, constructed, reconstructed, moved or structurally altered, though it may be repaired as defined by section 37-171 of this chapter, except that:

a. A structure containing a nonconforming use may be altered to decrease the nonconformity of the use;

b. A structure containing a nonconforming commercial use may be enlarged or altered provided the expansion or alteration is designed solely to achieve energy conservation, as determined by the building official, and the structure remains otherwise lawful.

(2) Where a nonconforming use status applies to a structure and land in combination:

a. And the use is residential in nature, not located abutting a major or minor arterial street, and the structure is destroyed:

1. The structure may be rebuilt with approval of a conditional use permit; and

2. A building permit is approved for the reconstruction within one (1) year of the date of destruction.

b. And the use is commercial in nature, located abutting a major or minor arterial street, and the structure is destroyed:

1. The structure may be rebuilt with approval of a conditional use permit; and

2. A building permit is approved for the reconstruction within one (1) year of the date of destruction;

3. A time extension of the conditional use permit may be requested to the commission.

(3) Any nonconforming use may be extended throughout any portions of a building that were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building, except as allowed in section 37-168 of this chapter.

(4) Any lawful use of a building existing at the effective date of the ordinance codified in this chapter may be continued, even though such use does not conform to the provisions hereof. A nonconforming use of a building may be changed to another nonconforming use of the same or of a more restrictive classification. A use shall be determined to be equally or more restrictive by the community development director and based on, but not limited to:

a. The number of off-street parking spaces required of the previous use and proposed new use, as provided in Article VII, Off-Street Parking and Loading, of this chapter;

b. The amount of traffic generated by the previous use and the proposed new use;

c. The amount of on-site vehicle or equipment storage required of the previous use and proposed new use;

d. The hours of operations of the previous use and proposed new use;

e. Noise, dust, vibration, odor, and other elements potentially harmful to the value or enjoyment of surrounding properties;

f. The applicant of the proposed change of use shall contact all property owners and tenants within three hundred (300) feet of the property on which the change of use is planned. The notification shall provide details of the proposed use and inform those receiving notification of their opportunity to contact the community development department, in writing, within fifteen (15) days of notification with complaints or concerns about the proposed change of use. The applicant shall provide to the community development department written verification of the notification to all property owners and tenants. If no written objections are received from those persons entitled to receive notice within fifteen (15) days of such notice, zoning approval may be granted. If any written objection to the proposed development is received within fifteen (15) days of such notice from any person entitled to notice, a conditional use permit shall be required. The applicant shall apply for a conditional use permit as provided in Article IX of this chapter.

(5) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district and the nonconforming use may not thereafter be resumed. (Ord. No. 4328, § 6, 3-24-03; Ord. No. 4531, § 17, 7-13-09)

Sec. 37-171. Repairs and maintenance and completion of construction.

(1) On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done for ordinary repairs, or for repair or replacement on nonbearing walls. Fixtures, wiring, or plumbing shall be considered accessory to the structure, and repair, replacement, or additions of these shall not be considered an expansion of the nonconforming structure or use.

(2) If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe, as determined by the building official, due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reasons of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located; provided, that the city building inspector shall be authorized to direct temporary repairs to nonconforming uses when the same are required to protect the safety of the persons on or about the premises.

(3) To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully commenced prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction; provided, that work shall be carried on diligently. (Ord. No. 4328, § 6, 3-24-03; Ord. No. 4531, § 18, 7-13-09)

Sec. 37-172. Nonconforming lots.

If a lot has an area or dimension that does not meet the requirements of this chapter, and prior to the time this chapter was adopted, such lot was platted or otherwise created and accepted, then such lot may be put to a use permitted outright subject to the other requirements of the zone in which such lot is located, except that a residential use on a lot that is nonconforming relative to minimum lot area shall be limited to a single-family dwelling. (Ord. No. 4531, § 19, 7-13-09; Ord. No. 4688, § 1, 4-24-17)

ARTICLE XI. VARIANCES

Sec. 37-173. Authorization to grant or deny variance.

(a) The commission may authorize variances where it can be shown that the literal interpretation of this chapter would cause hardship. A variance may be considered for modification of the requirements for lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking spaces, height of buildings or other ordinance provisions affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots. A variance shall not be considered a right or special privilege, but may be granted only upon the showing of undue hardship because of characteristics of the site, and that the variance is not in conflict with the public interest.

A variance may not be approved when the conditions leading to the need for the variance are of the applicant’s making. Once granted, a variance is permanent and runs with the land.

(b) In granting a variance, the commission may attach conditions which it finds necessary to protect the interests of the surrounding property or neighborhood and otherwise to achieve the purpose of this chapter.

(c) No variance shall be granted to allow the use of property for purposes not authorized within the zone in which the proposed use would be located.

(d) Upon approval by the planning and zoning commission of the findings of fact, conclusions of law and decision, said decision shall be filed on record in the office of the Nez Perce County recorder.

(e) Authorization of a variance shall be void after twelve (12) months unless a building permit or subdivision plat pursuant thereto has been applied for or a decision of substantial progress towards completion of the project has been determined by the community development director. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4530, § 2, 4-27-09)

Sec. 37-174. Circumstances for granting a variance.

No variance shall be granted unless it can be shown that all of the following relevant criteria and standards are met:

(1) Conditions apply to the property that do not apply generally to other properties in the same zone or vicinity and which pose an undue hardship because of characteristics of the site as a result of lot size, or shape, topography, or other special features.

(2) The variance is not necessary as a result of actions of the applicant, will not grant the applicant a special privilege, and is necessary for the preservation of a property right possessed by owners of other property in the same zone and vicinity.

(3) The authorization of the variance will not be materially detrimental or injurious to other property or owner of property in the same zone and vicinity, or otherwise conflict with the public interest or with the objectives of adopted city plans or policies.

(4) The variance requested is the minimum variance which will alleviate the hardship. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4631, § 2, 7-13-15)

Sec. 37-175. Application for a variance.

A property owner may initiate a request for a variance by filing an application with the community development department, using forms prescribed in Article XIII. The application shall be submitted at least twenty (20) working days prior to the meeting at which it will be considered. The application shall be accompanied by a site plan, drawn to scale, showing the condition to be varied and the dimensions and arrangement of the proposed development. The commission may request other drawings or information necessary to an understanding of the request. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-176. Public hearing on a variance.

Before the planning and zoning commission may act on a request for a variance, it shall hold a public hearing pursuant to section 37-184 of this chapter. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-177. Administrative variances.

(a) The community development director may grant a variance to the requirements of this chapter where it can be shown that owing to special and unusual circumstances related to a specific lot, strict application of this chapter would cause an undue or unnecessary hardship. No variance shall be granted to allow the use of property for a purpose not authorized within the zone in which the proposed use would be located. In granting a variance, the director may attach conditions which are necessary to protect the best interest of the surrounding property or vicinity or otherwise achieve the purposes of this chapter.

(b) The following may be considered under the administrative variance process:

(1) Minimum lot area variance of ten (10) percent or less;

(2) Minimum frontage of ten (10) percent or less, except when such request would reduce the minimum lot frontage to less than twenty (20) feet;

(3) Minimum setback from a property line of twenty (20) percent or less except that no administrative variance shall be approved that will allow a structure to project into a clear vision triangle;

(4) Reduction in required off-street parking of ten (10) percent;

(5) Increase in lot coverage of five (5) percent;

(6) Reduction in required lot depth of ten (10) percent; and

(7) Dimensional or numerical elements of standards for multifamily development not to exceed twenty (20) percent of the numerical or dimensional value, including but not limited to standards for yards or parking spaces.

(c) Upon receipt of the variance application form and payment of the required fee, the director shall render a decision within five (5) working days, or may elect to defer the decision to the planning and zoning commission. Additional information may be requested by the director in arriving at a decision. If additional information is requested, the director shall have an additional five (5) working days to render this decision beginning when the additional information is given to the director. In rendering a decision, the director shall find that granting a variance shall result in more efficient use of the site, preserve natural features where appropriate, adequate provisions are made for light and privacy on adjoining properties, that the variance will be consistent with the overall objectives of the comprehensive plan and this chapter and that the variance will have a minimal adverse impact on the livability, value or development of abutting properties and the surrounding areas.

(d) Should the director elect to grant an administrative variance, the decision shall not become final until fifteen (15) days have elapsed. A notice of the proposed variance shall be mailed within two (2) working days of the decision to all property owners adjacent to the subject property and objections and comments solicited. In addition, the membership of the planning and zoning commission shall be notified. If no written objections from those persons entitled to receive notice are received within fifteen (15) days of such notice, the decision shall become final at the end of the 15-day period.

(e) If any written objection to the granting of such an administrative variance is received within fifteen (15) days of such notice from any person entitled to notice, a hearing shall be held before the planning and zoning commission pursuant to section 37-184 of this code. Decisions of the planning and zoning commission may be appealed by any person entitled to notice of the proceedings in accordance with section 37-185 of this code. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4379, § 1, 1-24-05; Ord. No. 4438, § 2, 4-10-06; Ord. No. 4499, § 2, 1-28-08)

ARTICLE XII. AMENDMENTS

Sec. 37-178. Authorization to initiate amendments.

An amendment to the text of this chapter or to the official zoning map may be initiated by the council, by the commission, or by the property owner. A property owner may initiate a request for an amendment by filing an application with the community development department using forms prescribed in Article XIII. The application shall be submitted at least twenty (20) working days prior to the meeting of the planning and zoning commission at which it will be considered. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-179. Public hearing and records of amendments.

The commission shall hold a public hearing on every requested change in zoning district boundaries in accordance with section 37-184 of this chapter. Its recommendations on each request zone change shall be transmitted to the city council. No zone change shall be accomplished other than by ordinance duly passed by the city council. The city clerk shall maintain records of amendments to this chapter in a form convenient for use by the public. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-180. Accordance with adopted comprehensive plan.

The commission shall evaluate a requested amendment to a zoning district to determine the nature and extent of the requested change. If it is an accord with the adopted comprehensive plan, the commission may recommend and the council may adopt or reject the requested change. The commission may request documentation of land use impacts, both existing and proposed, through studies, presentations, or other documents, and may require said documentation to be stamped and signed by professionals deemed qualified by the commission.

If the commission determines the requested change is not in accord with the adopted comprehensive plan, the commission may either deny the request or recommend to the council an appropriate amendment to the plan. The council may adopt or reject the amendment under the procedures provided in Idaho Code, Section 67-6509. After the plan is amended, the zoning map may be amended in conformity therewith. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4344, § 4, 11-17-03)

Sec. 37-180.1. Relevant criteria and standards when considering zone changes.4

The commission shall consider the following relevant criteria and standards when considering a request for a change in zoning:

(1) The proposed rezone (is/is not) in general conformance with the comprehensive plan.

(2) The subject land (is/is not) at least as well suited or is better suited for the proposed zoning district than the existing zoning district.

(3) The proposed rezone (does/does not) present foreseen, immitigable impacts of incompatible uses or development being located in the same vicinity.

(4) The effects of the proposed rezone (are/are not) anticipated to place undue burden upon delivery of services provided by any political subdivision within the planning jurisdiction, including school districts.

(5) The size, type, intensity and density of development expected to occur on the subject property as a result of this rezoning (is/is not) suitable for the area and (will/will not) unduly burden the neighborhood, public infrastructure or environmental resources. (Ord. No. 4631, § 3, 7-13-15)

ARTICLE XIII. ADMINISTRATIVE PROCEDURE

Sec. 37-181. Composition of planning and zoning commission; appointments, term of members; filling of vacancies; removal of members, officers, committees; meetings; rules.

The planning and zoning commission shall consist of seven (7) members. The term of office for members shall be four (4) years. All members shall be residents of the city; provided, however, one (1) member may be a resident of the area of city impact. All members shall be appointed by the mayor and confirmed by majority vote of the council. Those members currently serving on the commission shall have their terms adjusted by the council so that the terms shall be balanced over the succeeding calendar years. Vacancies occurring through expiration of terms or otherwise shall be filled in the same manner as original appointments, said appointments being for the unexpired portion of that term. A member whose term has expired may serve until reappointed or until a qualified replacement has been appointed.

Members may be removed for cause by a majority vote of the council. Members shall be selected without respect to political affiliation and may receive reimbursement for actual expenses as provided in section 2-185 of this code. Members shall be deemed to be officials within the meaning of sections 2-156 through 2-160 of this code.

The commission shall elect its own chairperson and create and fill other offices as it may determine necessary, and may establish and appoint from among its members such subcommittees as it may determine necessary to carry out its responsibilities.

At least one (1) regular meeting shall be held each month for not less than eleven (11) months in each year. A majority of the members of the commission shall be necessary to constitute a quorum at any meeting.

Written rules or bylaws consistent with Title 67, Chapter 65, Idaho Code, and other laws of this state for the transaction of business of the commission, shall be adopted with the approval of the council and a written record of meetings, hearings, resolutions, studies, findings, permits and actions taken shall be maintained. All meetings shall be open to the public pursuant to the Idaho Open Meetings Law, Title 74, Chapter 2, Idaho Code. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4502, § 1, 2-11-08; Ord. No. 4716, § 1, 6-11-18)

37-182

Reserved.

Editor’s note – Ord. No. 4716, adopted June 11, 2018, repealed § 37-182, pertaining to planning and zoning commission membership, derived from Ord. No. 4108, § 2 and Ord. No. 4502, §2.

Sec. 37-183. Duties of the planning and zoning commission.

The planning and zoning commission shall have jurisdiction and authority as follows:

(1) To conduct a comprehensive planning process to prepare comprehensive plan as required by Idaho Code, Sections 67-6508 through 67-6510; to recommend its adoption by the council; to prepare implementing measures; and to review and update the comprehensive plan as necessary.

(2) To receive and act upon applications for actions authorized and specified herein.

(3) To hold public hearings on applications for variances, conditional use permits, changes of use of nonconforming uses, proposed zoning amendments and proposed amendments to the comprehensive plan.

(4) To submit to the council a report and recommendations on each zoning amendment and comprehensive plan amendment following public hearing and preliminary plats following review at a public meeting.

(5) To determine the classification of use not specifically mentioned in this chapter. Such determination shall be based upon a detailed description of the proposed use and such other information as may be required.

(6) To provide and maintain a continuing program of public information on planning and zoning matters, including reasons or grounds for actions taken.

(7) To hear appeals from rulings of the community development department.

(8) Review and comment as appropriate to the Nez Perce County planning and zoning commission and/or the Nez Perce County board of county commissioners on land use proposals within the area of city impact. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4622, § 1, 2-23-15)

Sec. 37-184. Rules for conduct of public hearing.

(a) Public hearing required. Upon the receipt of an application for a conditional use pursuant to section 37-161 of this code, a variance, pursuant to section 37-175 of this code, a change of use of nonconforming use pursuant to section 37-168 of this code, or planned development, pursuant to section 37-97 of this code, or an application for a zone change, comprehensive plan amendment, an amendment to the text of this chapter, a public hearing shall be scheduled.

(b) Notifications.

(1) Each notice of public hearing on an amendment to the text of this chapter shall contain the date, time, and place of the hearing, a summary of the proposed amendment, and any other information considered pertinent; and shall be published at least once in a newspaper of general circulation in the city at least fifteen (15) days prior to the hearing.

(2) Each notice of public hearing on a conditional use, change of use of a nonconforming use or a variance request or on an amendment to change the zoning map or comprehensive plan shall include as a minimum the date, time, and place of the hearing and summary of the proposal. The notice shall be published in a newspaper of general circulation in the city at least fifteen (15) days prior to the hearing and shall, in addition, be mailed to the owners of all properties within three hundred (300) feet of the exterior boundary of the property for which the application is made, except in variance cases notices shall be mailed only to owners of adjoining properties, including properties across streets, alleys and rights-of-way. All notices shall be mailed at least eight (8) calendar days prior to the hearing.

(3) When notice is required to two hundred (200) or more property owners or residents, mailed notice may be omitted. In lieu thereof, public announcements of the hearing shall be made on local radio and television stations at least five (5), but not more than fifteen (15) days before the hearing.

(4) Failure of any person to receive the notice prescribed in this section shall not impair the validity of the hearing.

(5) The commission may recess a hearing to serve further notice upon other property owners or persons it determines may be interested in the proposal being considered.

(c) Conduct of hearings. A public hearing shall be held to determine whether the application is consistent with the policies and goals enumerated in this chapter.

(1) No person shall be permitted to testify at such a hearing until the person has been recognized and called upon by the chairman or the mayor.

(2) All proceedings shall be recorded electronically or stenographically and all persons speaking at such hearings shall speak before a microphone in such a manner as to ensure the accuracy of the recorded testimony and remarks. A person desiring to testify may also submit written testimony at any time prior to the conclusion of the public hearing. Written testimony may be entertained after the close of the public hearing, at the discretion of the chairman or mayor.

(3) At the commencement of the public hearing, the chairman may establish a time limit to be observed by all speakers.

(4) Each commission member or council member, when recognized by the mayor, shall be allowed to question the speaker, and the speaker shall be limited to answers to the questions asked. The question and answer period shall not be included in the speaker’s time limit that might be established by the chairman. The speaker shall not be interrupted by the planning and zoning commission or the city council until his time has been expended or until he has finished his statement.

(5) Any person not conforming to the above rules may be prohibited from speaking during the public hearing. Should such person refuse to comply with such prohibition, he may be removed from the room by order of the chairman or mayor.

(6) The decision of the planning and zoning commission or the city council shall be announced by findings of fact, conclusions of law, and decision of the hearing body.

(7) The public hearing may be continued or recessed to a date certain, or indefinitely, upon motion by the city council or the planning and zoning commission.

(8) Cross-examination of persons testifying at the public hearing shall not be permitted. An applicant shall have an opportunity to rebut any testimony submitted.

(9) Any exhibit introduced by any person shall be retained by the planning and zoning commission or city council and made a part of the record therein.

(d) Contents of decisions. All decisions of the commission, made pursuant to the authority given by this chapter, shall include and specify the following:

(1) The ordinance provisions and standards used in evaluating the application;

(2) The reasons for approval or denial;

(3) The further actions, if any, that the applicant could take to obtain a permit.

(e) Decision and appeal. Within five (5) working days after the commission has adopted findings of fact, conclusions of law and decision on the application, the community development department shall notify the applicant of the decision. The decision is final unless appealed by the applicant or any interested person within fifteen (15) days of the commission’s adoption of findings of fact, conclusions of law and decision. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4531, § 20, 7-13-09)

Sec. 37-185. Appeal from action or ruling of planning and zoning commission.

(a) An action or ruling by the commission pursuant to this chapter may be appealed to the city council by the person who initiated the action before the commission or by any person entitled to notice by mail of the action under section 37-184 of this code within fifteen (15) days after the commission has adopted findings of fact, conclusions of law and its decision. Written notice of the appeal shall be filed with the city clerk within the fifteen (15) day period. If the appeal is not filed, and the fee required by section 37-188 of this code, is not deposited with the city clerk within the fifteen (15) day period, the decision of the commission shall be final.

(b) If an appeal is filed and the required fee is deposited within the required time, the commission shall make a written report of the case to the council. The council may, in its sole discretion and without hearing or notice, refuse to accept jurisdiction of such appeal; in which case, the decision of the commission shall be final, and any appeal fees shall be refunded, or it may provide that such appeal shall be heard at a public hearing before the council at such time and pursuant to such rules as the council may determine.

(c) If a hearing on such appeal is required by the council, publication of notice of hearing on appeal shall be made as required by section 37-184(b) of this code. At any time after such public hearing, the council may affirm, reverse or modify any decision of the commission, or it may order the case to be returned to the commission for further proceeding.

(d) An affected person aggrieved by a final decision concerning matters identified in Idaho Code, Section 67-6521, may, within twenty-eight (28) days after all remedies have been exhausted under this chapter, seek judicial review as provided by Chapter 52 of Title 67 of the Idaho Code. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4683, § 1, 1-9-17; Ord. No. 4687, § 1, 7-10-17)

Sec. 37-186. Repealed.

Editor’s note – Ord. No. 4623, § 1, adopted February 23, 2015, repealed § 37-186, pertaining to appeals from action or ruling of planning and zoning commission in the city impact area, which derived from Ord. No. 4108, § 2, adopted August 15, 1994.

Sec. 37-187. Reinitiated hearings on zoning amendments, conditional use permits, and variance permits.

No person, except the city council or the planning and zoning commission shall reinitiate an application for a zone amendment, conditional use permit, or variance permit for any property for which a previous application has been submitted and denied within one (1) year after final determination of such application. This limitation shall not apply where a material change in circumstances has occurred since the date of denial. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-188. Forms of petitions, applications and appeals.

All petitions, applications and appeals provided in this chapter shall be made on forms prescribed by the city clerk and accompanied by the appropriate fee in accordance with the fee schedule adopted by resolution of the city council. (Ord. No. 4108, § 2, 8-15-94; Ord. No. 4531, § 21, 7-13-09)

37-189

Reserved.

Editor’s Note – Ord. No. 4531, § 22, adopted July 13, 2009, repealed § 37-189, relating to filing fees, which derived from Ord. No. 4108, § 2, adopted August 15, 1994 as amended by Ord. No. 4414 § 1, adopted August 22, 2005, and Ord. No. 4506, § 1, adopted May 12, 2008.

37-190

Reserved.

Editor’s note – Ord. No. 4530, § 3, adopted April 27, 2009, repealed § 37-190, pertaining to time limits of conditional use or variance permits, which derived from Ord. No. 4108, § 2, adopted August 15, 1994.

Sec. 37-191. Zoning certificate required.

It shall be unlawful for an owner to use or to permit the use of any structure, building, land or part thereof hereafter created, erected, changed, converted or enlarged, wholly or partly, until a zoning certificate, which may be a part of the building permit, shall have been issued by the community development department. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-192. Duties of the community development department.

(a) It shall be the duty of the community development department to enforce the provisions of this chapter and in addition thereto and in furtherance of said authority, shall:

(1) Issue building permits for construction, repair and alterations.

(2) Issue a stop work order when a structure is or is proposed to be located, constructed, maintained, repaired, altered or used in a manner not prescribed by this chapter, the violation of which order shall be an offense under this code.

(3) Conduct inspection of buildings and structures for:

a. Location on the property with respect to property lines.

b. Location on the property with respect to uses allowed and uses permitted.

c. Determination of compliance with the terms and conditions of this chapter.

(4) Maintain permanent records of all inspections and determinations made involving the inspections of buildings, structures and the use of lands to ensure continuous compliance with the terms of this chapter.

(b) It shall be the duty of the community development department to assist in the enforcement of the provisions of this chapter and in addition thereto and in furtherance of said authority, he, or his authorized representative, shall:

(1) Order the abatement of violations of the zoning ordinance, the violation of which order shall be an offense under this code.

(2) Aid in the prosecution of such violations.

(3) Receive and examine applications for zone changes and maintain permanent records thereof.

(4) Maintain permanent and current records of applications for all reclassifications, variances and conditional use permits and of the hearings and actions thereon.

(5) Receive, file and transmit to the commission all applications, petitions and other communications upon which the commission is required hereby to act.

(c) An appeal from a ruling of the community development department may be made in writing to the commission by an affected person, within fifteen (15) days of the ruling. Notices of the appeal shall be sent to all adjacent property owners, giving the date and time the commission will hear the appeal. (Ord. No. 4108, § 2, 8-15-94)

ARTICLE XIV. REMEDIES

Sec. 37-193. Penalty.

A willful violation of any provision of this chapter shall be a petty misdemeanor. Each day that a violation occurs shall constitute a separate offense. (Ord. No. 4108, § 2, 8-15-94)

Sec. 37-194. Alternative remedy.

In case a building or other structure is, or is proposed to be located, constructed, maintained, repaired, altered or used, or the land proposed to be used, is in violation of this chapter, the building or land in violation shall constitute a nuisance, and the city may, as an alternative to other remedies that are legally available for enforcing this chapter, institute an injunction, abatement, or other appropriate proceeding to prevent, enjoin, temporarily or permanently abate, or remove the unlawful location, construction, maintenance, repair, alteration or use. (Ord. No. 4108, § 2, 8-15-94)

ARTICLE XV. ANIMAL RIGHTS, LIVESTOCK AND PASTURE STANDARDS

Sec. 37-195. Purpose and applicability.

The purpose of this article is to provide allowances, prohibitions, limitations and standards for the keeping and raising of livestock. It is the intent of this article to encourage the use and protection of lands in more rural areas of the city for animal husbandry purposes, maintain and enhance the city’s rural lifestyle, encourage household self-sufficiency, promote the benefits of animal husbandry, minimize potential adverse effects on adjoining property from the keeping and raising of livestock to neighboring residents and to educate youth as to the enjoyment and responsibilities of raising and caring for livestock. The allowances, prohibitions, limitations and standards set forth in this article shall not apply to youth raising or caring for livestock for purposes of participation in a related educational program, such as 4-H (Head, Heart, Hands and Health Club/Program). However, 4-H livestock shall not be kept in any manner so as to cause offense to neighboring residents regarding noise, odor, dust, drainage/run-off, etc. Complaints about such may be subject to the city of Lewiston requiring corrective action to be taken to abate any such offense, up to and including requiring the removal of the livestock from the subject property.

The city of Lewiston recognizes and supports the right to keep and raise livestock in keeping with the requirements established herein by right in the Agricultural Transitional Zone (F-2 Zone) and the Suburban Residential Zone (R-1 Zone), and with a conditional use permit in the Low Density Residential Zone (R-2A Zone); however, the keeping of poultry shall also be allowed by right, subject to the standards specified herein, on any single-family or duplex residential lot, except in the central business district, as defined in section 37-145 of this code. The city of Lewiston has determined that inconveniences or discomforts with the keeping of livestock shall not be considered a nuisance if operations are consistent with accepted customs and standards and the code sections set forth in this article. (Ord. No. 4354, § 5, 3-29-04; Ord. No. 4580, § 1, 8-13-12; Ord. No. 4645, § 1, 10-26-15)

Sec. 37-196. Definitions.

Any term used but undefined in this article shall be defined as per common definition of the English dictionary.

Animal means livestock, as defined herein.

Animal rights means the ability to keep a specific number and type of livestock or poultry on a piece of property because of it being allowed by the zoning, authorized by a conditional use permit, or as a historic, legally established and continuously maintained nonconforming use.

Cleaning means the removal of manure from stalls or pens, stockpiling of manure, composting of manure, tilling manure into fields or hauling the manure off site.

Corral means an outdoor stall.

Dry lot means an area of property upon which no forage is present for feeding. Dry lots shall be at least nine hundred (900) square feet with a minimum dimension of ten (10) feet. Dry lots shall not be partitioned into less than nine hundred (900) square foot areas. Dry lots are a place of temporary containment for convalescing animals, animals being worked, or animals given regular exercise on a different location of the property.

Livestock is a generic term and includes all cattle or animals of the bovine species; all horses, mules, burros and donkeys or animals of the equine species; all goats or animals of the caprine species; all swine or animals of the porcine species; all sheep or animals of the ovine species; all poultry; llamas and alpacas. Sucklings, or livestock which are born from animals already on a property and less than three (3) months old, shall not be counted toward the allowable number of livestock on any given property.

Livestock area means pasture, corrals, dry lots, feedlots and other property including buildings and structures, available to and used by the livestock.

Pasture means an area of property whereon forage for the type of livestock being grazed or otherwise confined is sustained over the entire area on a continual basis except for when the pasture is being rotated, plowed or replanted.

Poultry means a gallinaceous (gallus domesticus) bird of the phasianidae family, excluding those younger than twelve (12) weeks. Pigeons, quail, partridges, squab, pheasants, doves, grouse, including the male gender thereof, shall also qualify as poultry for purposes of this chapter. Female/hen chickens shall also qualify as poultry; however, male chickens/roosters and any peafowl, guineafowl, turkey or waterfowl shall be excluded from this definition.

Stall means a compartment for one (1) animal in a stable or barn. (Ord. No. 4354, § 5, 3-29-04; Ord. No. 4580, § 1, 8-13-12; Ord. No. 4581 § 2, 8-13-12; Ord. No. 4587, § 2, 8-27-12)

Sec. 37-197. Allowable number of animals.

Maximum allowable numbers of animals shall be as set forth below:

(1) Horse and cattle. One (1) head for the first one-half (1/2) acre of livestock area and one (1) head for each additional one-third (1/3) acre of livestock area (not including sucklings).

(2) Llamas. Two (2) for the first one-half (1/2) acre of livestock area and four (4) for each additional acre of livestock area.

(3) Sheep, goats, alpacas, ostriches and emus. Five (5) for the first one-half (1/2) acre of livestock area and ten (10) for each additional acre of livestock area. The keeping of uncastrated male goats is not permitted.

(4) Poultry. The maximum number of poultry on a lot in the F-2 Zone shall be limited to one (1) for each one thousand (1,000) square feet of lot area. The maximum number of poultry on a lot in the R-1 Zone shall be limited to one (1) for each one thousand (1,000) square feet of lot area to a maximum of twenty-five (25). The maximum number of poultry on a lot in any other zoning district that allows a single-family residential use or on which a nonconforming single-family dwelling exists, except the Central Commercial (C-5) Zone, shall be limited to one (1) for each one thousand (1,000) square feet of lot area to a maximum of twelve (12). The keeping of poultry shall not be permitted in the central business district, as defined in section 37-145 of this code. The number of poultry younger than six (6) months on a property at any given time shall not count against the total number of poultry allowed and shall not exceed two (2) or one-half (1/2) the allowable number of poultry older than six (6) months, whichever is greater.

a. Poultry shall have their wings clipped and be contained on their owner’s property and be provided both indoor coops and outdoor run areas which consist of a minimum of three (3) square feet of floor area per bird for the coop and a minimum of nine (9) square feet of outdoor ground area per bird for the run. Required floor area for a coop shall include the ground level and any level above the ground located at least eighteen (18) inches above the ground level and for which there is a resting platform or perch provided and where such platform or perch has at least eighteen (18) inches of overhead clearance and is designed to allow a minimum of twelve (12) inches in width to accommodate the resting or roosting of a bird.

b. Coops and runs shall not displace or infringe upon any off-street parking or vehicle maneuvering area which may be required by this code for the primary use of the property.

c. Coops shall be constructed of rigid, sturdy materials and have walls on a minimum of three (3) sides. The use of tarps, nonrigid plastic sheeting, canvas, or similar materials shall not be permitted.

d. Coops shall be located to the side of or behind an on-site residence, not closer than three (3) feet to any property line and not closer than ten (10) feet to any existing, neighboring residence, including any attached garage and any adjoining deck or patio; any existing, neighboring gazebo, swimming pool or hot tub, unless the adjacent property owner gives written consent otherwise.

e. Runs shall be enclosed by a six (6) foot tall minimum fence.

f. Runs may be located anywhere relative to any on-site residence and may include any unpaved and uncovered part of the owner’s yard, but shall not be closer than ten (10) feet to any existing, neighboring residence, including any attached garage and any adjoining deck or patio; any existing, neighboring gazebo, swimming pool or hot tub, unless the adjacent property owner gives written consent otherwise.

g. Coops and runs shall be constructed and maintained so as to prevent the poultry from escape.

h. Ground surface of run areas shall be dirt, grass, straw, and/or other appropriate surface type conducive to the habits and health of poultry and shall be maintained to prevent intrusion of soil erosion and dust onto neighboring properties.

i. Coops and runs shall be constructed and maintained so as not to allow stormwater or other drainage onto neighboring property, including public rights-of-way and drainage ways.

j. The keeping of chickens shall require the resident owner of the property to sign, date, and submit to the community development department a form prepared by the community development department whereby the resident acknowledges having read the requirements for the keeping of poultry and stating that he/she will comply with said requirements. If the property owner is not a resident of the property, then both the property owner and the resident shall sign and date the form. The form shall be accompanied by a site plan that identifies, in addition to other typical site plan information, the locations of the proposed poultry coop and outdoor run area. The locations of the coop and the outdoor run area shall be shown to meet the distance/separation requirements listed in subsections (4)(d) and (f) of this section.

(5) The keeping of swine, geese or male chickens, i.e., roosters, is prohibited.

(6) The standards for the allowable numbers of livestock as specified above may be exceeded for a three-month period for a suckling when it is slow to mature to market weight and needs to be kept with its mother.

(7) The allowable number of livestock and the related standards contained herein shall also apply where the keeping of livestock is related to a commercial agricultural operation, unless otherwise authorized by conditional use permit.

(8) Where more than one (1) type of livestock is kept on a property and the different types of livestock have different required space or area requirements, the amount of area provided shall be equal to or greater than the minimum areas required by this article for the cumulative amount of areas for each type of livestock. Livestock shall be allowed to co-mingle; provided, that maintenance standards are complied with and that it does not result in any nuisance to neighbors. (Ord. No. 4354, § 5, 3-29-04; Ord. No. 4580, § 1, 8-13-12; Ord. No. 4645, § 2, 10-26-15)

Sec. 37-198. Maintenance standards.

(a) Drainage. Positive drainage shall be maintained in all livestock and manure storage areas to prevent introduction of moisture into areas with manure. Stormwater runoff from any livestock area shall not be allowed onto any neighboring property, including public rights-of-way and drainage ways.

(b) Fencing. Properties with animal rights are to be fenced to keep animals on their owner’s property. The type of animals confined shall determine the appropriate fence materials. Fencing shall be maintained by the owner.

(c) Forage.

(1) Forage shall be continually present on all areas of property considered to be pasture, unless the pasture is in the process of being replanted.

(2) The person owning the pasture shall be responsible for eliminating noxious weed growth.

(d) Feed storage. Storage of feed for poultry shall be such that the feed is protected from rot and does not attract rodents and other vermin for which the feed is not intended.

(e) Manure clean up.

(1) Stalls, coops, corrals, runs and structures which hold or shelter livestock shall be cleaned at least twice per week such that they provide a healthy living area for the livestock and do not cause offensive odors or insect nuisance to neighbors.

(2) Corrals shall be cleaned at least twice per week except when weather conditions have saturated the ground. Cleaning shall occur as soon as practical after the ground has dried.

(3) Dry lots shall be cleaned weekly except when weather conditions have saturated the ground. Cleaning shall occur as soon as practical after the ground has dried.

(4) Pastures shall be cleaned once per month, unless manure becomes offensive to a neighbor, in which case pastures shall be cleaned of manure with such frequency as to not be offensive to a neighbor.

(f) Manure disposal.

(1) Manure may be hauled off site to an approved facility.

(2) Manure may be composted on site provided the composting area is not located within thirty (30) feet of any property line and manure composting/storage guidelines are being complied with.

(3) Manure may be spread, tilled, and harrowed into pastures. The pasture area shall be a minimum of one-half (1/2) acre for each two (2) cows or horses being confined on the property. Manure may not be tilled into the soil within twenty-five (25) feet of a Category B drainage, one hundred (100) feet of a municipal well, or in areas known to have high water table.

(g) Manure storage.

(1) Stockpiled manure storage areas shall not exceed a footprint of five hundred (500) square feet from March through October and eight hundred (800) square feet from November through February and be no greater than six (6) feet high. Stockpiled manure shall be placed a minimum of thirty (30) feet from any property line.

(2) Stockpiled manure shall not be stored for a period of longer than forty-five (45) days during the months of March through October, and sixty (60) days from November through February, weather permitting.

(h) The materials cleaned from stalls, pasture areas, coops, runs, etc., shall be removed from the property, unless composted or re-used and located on site in such a manner as not to cause any nuisance to neighbors, in terms of odor, drainage, or insect attraction.

(i) Animals shall be kept in such a manner as to not constitute a nuisance to neighbors, in terms of noise, odor, animal trespass, attraction of insects, etc. (Ord. No. 4354, § 5, 3-29-04; Ord. No. 4580, § 1, 8-13-12; Ord. No. 4645, § 3, 10-26-15)

Sec. 37-199. Conditional use permits.

(a) The keeping of a type of livestock not explicitly governed herein may be permitted by conditional use permit, subject to keeping with the intents, purposes and maintenance standards set forth in this article.

(b) Approval of any conditional use permit application governed by this article shall be presumed to allow the keeping of any/all types of livestock permitted under this article, subject to the limitations and standards herein, unless otherwise specified as a condition of approval of the conditional use permit.

(c) Approval of any conditional use permit application governed by this article shall be presumed to run with the land and carry over from one (1) property owner to the next, unless otherwise specified as a condition of approval of the conditional use permit.

(d) Any change to the type of livestock or any increase in the number of livestock or any change to any other aspect of the keeping of livestock that is a condition of approval of a conditional use permit shall be subject to approval of a new conditional use permit, unless the original permit did not limit numbers and/or types of livestock allowed or any other aspect of the keeping of livestock. (Ord. No. 4354, § 5, 3-29-04; Ord. No. 4580, § 1, 8-13-12; Ord. No. 4682, § 1, 1-9-17)

Sec. 37-200. Grandfathered animal rights.

(a) Owners of property who have had and continue to have livestock in the R-1 Zone or F-2 Zone where such use does not comply with the regulations of this article but which did comply with the regulations prior to the 2012 modification to this article may continue such keeping of livestock, provided no changes are made which put the situation further out of compliance with the regulations or intents and purposes of this article.

(b) Owners of property having livestock or having types and/or numbers of livestock in the R-2A Zone which do not comply with the regulations of this article and which were not approved by conditional use permit prior to the 2012 modification to this article or explicitly documented by the community development department as grandfathered prior to the 2012 modification to this article shall, within thirty (30) days upon written notification by the community development department, apply for either grandfathered animal rights or a conditional use permit for the keeping of such livestock or bring the situation into compliance with the current provisions of this article. The approval of grandfathered animal rights or conditional use permit shall be necessary for the property owner to continue the keeping of such livestock.

(c) Grandfathered animal rights may be granted by the community development director, or designee, for properties for which the owner demonstrates that the property has been consistently used for the keeping of livestock for a minimum of five (5) consecutive years from present. For owners of property where livestock have been kept for less than five (5) years but a minimum of six (6) months, the continuation of their keeping of livestock shall only be allowed by approval of a conditional use permit.

(d) Application for and granting of grandfathered animal rights must be specific and limited to a certain number and type of livestock. The granting of grandfathered animal rights shall run with the land and be transferable to future owners of the property, unless the keeping of livestock ceases for any period in excess of two (2) consecutive years.

(e) In order to determine that grandfathered animal rights exist, the community development director, or designee, shall first determine that the situation is consistent with the intents and purposes of this article. Applicants for grandfathered animal rights may make changes to the types of livestock, the numbers of livestock or the standards or conditions under which they keep their livestock in order to bring their situation into or toward compliance with the current provisions of this article in order for the community development director or designee to make the finding that the situation is consistent with the intents and purposes of this article and to grant grandfathered animal rights. No change shall be made to a grandfathered animal rights situation whereby such change causes or increases a nuisance to a neighbor. If the finding is made that the situation pertaining to a grandfathered animal rights request is not consistent with the intents and purposes of this article, animal rights shall only be allowed if approved by conditional use permit.

Following any determination of grandfathered animal rights the community development director or designee shall cause owners of properties directly abutting the subject property to be notified in writing of the determination and that they may appeal such determination in writing subject to the applicable fee, adopted by resolution of the city council for appeals, within fifteen (15) days of the date on the notice. Receipt by the community development director, or designee, of any appeal shall require the person(s) requesting the grandfathered animal rights to file a conditional use permit application for animal rights. Approval of the conditional use permit application, pursuant to the procedures set forth in Article IX of this chapter, shall then be required in order for animal rights to be allowed.

(f) For properties with grandfathered animal rights, any change to the allowable type of livestock, any increase in the number of livestock or any change to any other aspect of the keeping of livestock which might cause a nuisance to neighbors, such as decreasing the livestock area or poultry area, or relocating the livestock on the property closer to a neighboring home, shall be subject to approval of a change to the grandfathered animal rights per the grandfathered animal rights approval process specified above or be approved by conditional use permit.

(g) Grandfathered animal rights shall automatically become null and void if not used for any period exceeding two (2) consecutive years. (Ord. No. 4580, § 2, 8-13-12)

ARTICLE XVI. INOPERABLE VEHICLE STORAGE

Sec. 37-205. Purpose.

The purpose of this article is to (1) enhance the aesthetics of the community, (2) provide a means to identify the various types of vehicles and vehicle parts that may be stored on residential property within the city of Lewiston, (3) provide reasonable options for storage of such items to minimize their exposure to the public and their impact on surrounding properties, and (4) provide for enforcement remedies in the event of noncompliance. (Ord. No. 4423, § 1, 11-21-05)

Sec. 37-206. Definitions.

For purposes of this article only, the following definitions are established:

(a) Methods of storage.

(1) Carport, permanent means a permanent structure attached to the principal structure on a property for which the intended use is motor vehicle parking or storage.

(2) Driveway means a paved or graveled area extending from the right-of-way onto developed property.

(3) Enclosed building means a permanent structure that has a footprint of at least one hundred twenty-eight (128) square feet, with four (4) or more exterior walls, a door(s) and a roof.

(4) Screened area means an area on the property screened from view from any adjacent road or property by dense hedges, berms, retaining walls, rock walls, solid wood board fences, chain link fences with perma-hedge or slats, car covers, buildings, changes in topography or combinations thereof that can be used to fully obscure a motor vehicle and/or vehicle related components. Screening may not be accomplished by using corrugated metal, pallets, salvaged materials, vehicles or junk.

(5) Vehicle covers means any form-fitting cover made specifically for the purpose of covering a motor vehicle.

(6) Vehicle storage structure means any permanent or portable non-permanent vehicle storage structure used for storage of motor vehicles or motor vehicle parts. It must have at least three (3) sides and either be freestanding or attached to another structure.

(b) Yards.

(1) Front yard means all of the area between the principal structure and the front lot line, with the sides of the area being formed by extending a perpendicular line from the front lot line to the widest points of the principal structure.

(2) Front, side yard means all of the area on either side of the front yard boundaries back from the front property line to the closest side yard boundary nearest the front property line.

(3) Rear yard means all of the area between the rear lot line and the back of the principal structure and formed by extending a line from the back of the principal structure to each side lot line.

(4) Side yard means all that area extending from the front and rear corners of the principal structure to the side property lines.

Yards are further described on Exhibit One.

Exhibit One

(Ord. No. 4423, § 1, 11-21-05)

Sec. 37-207. Standards.

(a) Within the jurisdiction of the city of Lewiston, inoperable vehicles and vehicle components may be placed, parked, or otherwise stored using the following methods or combinations thereof:

(1) Enclosed building;

(2) Permanent carport;

(3) Screened area;

(4) Vehicle cover;

(5) Temporary and/or permanent vehicle storage structure.

(b) The manner in which the inoperable vehicle, junk vehicles or vehicle parts are parked or stored, their location on the property, and duration of the storage shall comply with Table One.

Table One

Method of Storage

Vehicle Cover

Screened Area (excluding vehicle covers)

Temporary Vehicle Storage Structure

Permanent Carport

Enclosed Building

Location of Stored Items

D

F

SF

S

R

D

F

SF

S

R

D

F

SF

S

R

D

F

SF

S

R

D

F

SF

S

R

Types

Junk Vehicles

N

N

N

N

N

30

30

30

30

30

30

30

30

30

30

30

30

30

30

30

P

P

P

P

P

Vehicle Parts

N

N

N

N

N

N

N

P

P

P

N

N

*P

*P

*P

P

P

P

P

P

P

P

P

P

P

Inoperable Vehicles

P1

90

90

P

P

N

N

P

P

P

N

N

P

P

P

P

P

P

P

P

P

P

P

P

P

P = Allowed.

N = Not allowed.

*P = Must have three (3) sides completely covered with uncovered or open side facing the rear property line.

P1 = Only one vehicle allowed.

Any numbers refer to the maximum days allowed.

Locations of stored items: as defined in this article, are applicable for this article only.

D = Driveway

F = Front yard area

SF = Side front yard area

S = Side yard area

R = Rear yard area

(c) In no event shall any inoperable vehicle or any vehicle related components as defined herein be stored on any lot on which there is no principal structure. (Ord. No. 4423, § 1, 11-21-05)

Sec. 37-208. Enforcement.

(a) Notice to remove. The property maintenance officer of the city of Lewiston is hereby authorized and empowered to serve notice upon the vehicle owner and property owner, person in control or contract purchaser of any private property located within the city limits of Lewiston, Idaho, describing the violation(s) of this chapter and directing and requiring said owner(s), person in control or contract purchaser to remove within fifteen (15) days unless otherwise authorized by community development, any inoperable vehicle, junk vehicle or vehicle parts from said property or from any sidewalks, alleys and parking abutting such private property if such sidewalks, alleys or parking exist. Said notice shall be accomplished by posting said notice on the vehicle or the real property whereon the vehicle(s) or parts are to be removed and by personal service or certified mail, return receipt requested, addressed to said owner at his/her last address of record.

(b) The property owner, or in the case of a tenant in control of the property through a lease or rental agreement, is required upon request of the property maintenance officer to identify the type(s) of motor vehicle(s) stored on the property using the definitions as set out in section 37-206 of this code.

(c) Action upon noncompliance. Upon failure, neglect or refusal of any owner, after being notified as provided for in subsection (a) of this section, to properly dispose of and remove all items, enclose all such items within a building, or otherwise bring the storage of such items into compliance with the standards enumerated in section 37-207 within the time period stated in the notice of violation, then the property maintenance officer hereby is authorized and empowered to cause such inoperable vehicles, junk vehicles or vehicle parts to be removed and/or sold or otherwise disposed of.

(d) The property maintenance office shall provide the owner with the opportunity for a pre-seizure hearing to determine the validity of the enforcement action.

(e) A notice of the pre-seizure hearing shall be sent by certified mail to the registered and legal owners within seventy-two (72) hours, excluding weekends and holidays and shall include the following information:

(1) The name, address and telephone number of the agency providing the notice;

(2) The location and description of the vehicle which shall include, if available, the name or make, identification number, the license plate number, and the mileage;

(3) The authority and purpose for removal of the vehicle; and

(4) In order to receive a pre-seizure hearing, the owners, or their agents, must request the hearing within ten (10) calendar days of the date of the notice. Any such hearing shall be conducted within seventy-two (72) hours of the request, excluding weekends and holidays. The hearing officer shall be the city manager or designee.

(5) Failure of the registered or legal owner to request or attend a pre-seizure hearing shall be construed as intent to abandon the vehicle.

(f) Notification to owner of sale shall be provided pursuant to Idaho Statutes 49-1810.

(g) Charges for removal, sale or disposal. The city’s cost shall be satisfied upon sale of the vehicle. Any funds generated by the sale that exceed the city’s costs shall be returned to the last owner of record, if known. (Ord. No. 4423, § 1, 11-21-05)


1

Cross references – Buildings and building regulations, Ch. 10; electricity, Ch. 14; fire protection and prevention, Ch. 15; garbage, rubbish and weeds, Ch. 17; gas and oil-burning equipment, Ch. 18; health and sanitation, Ch. 19; industrial development, Ch. 19.75; mobile homes and tourist facilities, Ch. 23; parks and recreation, Ch. 26; plumbing, Ch. 27; signs, Ch. 30; streets and sidewalks, Ch. 31; subdivisions, Ch. 32; swimming pools, Ch. 33; traffic, Ch. 35; water and sewers, Ch. 36.

State law reference – Power to zone, Idaho Code, §§ 67-650167-6529.


2

Editor’s note – Ord. No. 4249, § 33, adopted Oct. 25, 1999, added a new section § 37-69.1. This section has been editorially renumbered to avoid duplication.


3

Editor’s note – Ord. No. 4270, § 1, adopted Oct. 30, 2000, repealed §§ 37-94 – 37-97, relating to the PD Zone, which derived from Ord. No. 4108, § 2, adopted Aug. 15, 1994, as amended by Ord. No. 4249, § 50, adopted Oct. 25, 1999.


4

Editor’s note – Ord. No. 4631 § 3, adopted July 13, 2015, added a new section § 37-181. This section has been editorially renumbered to avoid duplication.