ARTICLE 5.2.  STANDARDS FOR USES REQUIRING A SPECIAL NOTICE PERMITlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=98420
8.5.201: CARGO CONTAINERS:
8.5.202: PERSONAL STORAGE BUILDINGS:
8.5.203: OUTDOOR LIGHTING FOR PERMITTED RECREATIONAL USES:
8.5.204: ANNUAL SPECIAL EVENT LOCATIONS:
8.5.205: PRIVATE RESORTS:
8.5.206: UTILITY COMPLEXES:

8.5.201: CARGO CONTAINERS: linklink


Railroad cars, truck cargo containers or trailers, or shipping containers shall not be used for storage or any other purpose except as provided in this section.


A. Storage: A cargo container may be used for storage only under the following circumstances:

1. It is being used for storage in conjunction with permitted construction activities;

2. It is associated with the active operation of an allowed railroad or trucking business; or

3. Upon issuance of a special notice permit, in accordance with the standards contained in subsection C of this section and the conditions of approval set forth in the permit.


B. Zones Permitted: Agricultural, rural, agricultural suburban, commercial, mining, light industrial, industrial.


C. Standards: Cargo containers may be used for storage upon issuance of a special notice permit in accordance with conditions of approval set forth in the permit and the following standards:

1. Not more than one cargo container is present for each five (5) acres of land area or portion thereof.

2. For properties that are five (5) acres or more in area, the cargo container is:

a. Located at least one hundred feet (100') from all property lines; or

b. Located behind the principal building eighty percent (80%) screened from view (e.g., by fences, walls, buildings, topography, and/or landscaping) from surrounding properties and public rights of way; and

3. For properties that are less than five (5) acres in area, the cargo container is located behind the principal building eighty percent (80%) screened from view (e.g., by fences, walls, buildings, topography, and/or landscaping) from surrounding properties and public rights of way. (Ord. 493, 6-9-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=98420#s1239368

The section below has been affected by a recently passed ordinance, 546 - LAND USE AMENDMENTS. Go to new ordinance.

8.5.202: PERSONAL STORAGE BUILDINGS: linklink

On lots or parcels under two (2.00) acres in size in which a primary use has not yet been established, personal storage buildings may be constructed and used upon issuance of a special notice permit in accordance with conditions of approval set forth in the permit and the following standards:


A. Zones permitted: Agricultural, rural, agricultural suburban, restricted residential.


B. Personal storage buildings requiring a special notice permit shall not exceed two thousand (2,000) square feet.


C. The applicant shall demonstrate the feasibility of at least one primary use permitted of right, or which may be permitted upon approval of a conditional use permit or special notice permit, in the underlying zone. Such primary use need not be in addition to the personal storage building (for example, it may be feasible to construct a dwelling to replace the personal storage building).


D. The personal storage building shall not be used for any commercial purpose.


E. The personal storage building shall not be used as habitable space.


F. No outdoor storage shall be permitted.


G. A special notice permit shall not be required for a personal storage building on any parcel which is contiguous with a parcel in common ownership that is owner occupied and where a primary use has been established. Such personal storage building shall comply with subsections B, D, E and F of this section. (Ord. 493, 6-9-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=98420#s1239369
8.5.203: OUTDOOR LIGHTING FOR PERMITTED RECREATIONAL USES: linklink

Outdoor lighting for permitted recreational uses may be constructed and used upon issuance of a special notice permit for such use. Lighting shall be downward directed and screened so that it produces no glare upon public rights of way or adjacent properties. (Ord. 493, 6-9-2016)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=98420#s1239370
8.5.204: ANNUAL SPECIAL EVENT LOCATIONS: linklink


A. Zones Permitted: All zones.


B. Minimum Area: The size of the site must be adequate to accommodate the event, attendees, and parking unless provisions have been made for off site parking. Adequacy of the site shall be as reasonably determined by the director.


C. Site Plan And Event Description: The application shall include a detailed site plan and event description which addresses security, access, crowd management, traffic management, parking, waste control and disposal, litter control plans, and includes any other relevant information requested by the director. Copies of the site plan and event descriptions shall be submitted to the Kootenai County sheriff's office, Panhandle health district, Idaho transportation department, the highway district and fire protection district with jurisdiction, and any other agencies as requested by the director.


D. Parking: One parking space will be provided for each three (3) seating spaces, and the parking area shall be restricted to a clearly designated area which has clearly delineated boundaries. Off site parking may be permitted if the applicant demonstrates that transportation between the parking area and the event site will be adequate. If the owner of the property where the parking area will be located is different than the owner of the event site, the written consent of the owner of the parking area shall be required.


E. Noise: Maximum noise threshold shall be seventy five (75) dBa, as measured at the property lines, unless a higher level is approved in the permit.


F. Drainfields: Parking and construction over existing drainfields is prohibited.


G. Lighting: Lighting at the special event shall be downward directed and shielded, and shall not exceed 0.2 foot-candle at the property line unless otherwise approved in the permit.


H. Additional Conditions: The director may impose such reasonable conditions as may be necessary for visual screening, control of dust, mitigation or elimination of nuisance factors, management of traffic, buffering of adjoining uses, mitigation of potential effects on water or air quality, limitation of the duration of the permit, or otherwise addressing the health, safety, or general welfare of event participants and spectators. Conditions may also include a requirement that agencies review and approve plans for each event to be held at the location.


I. Performance Bond: The director may require the posting of a performance bond to guarantee performance of conditions of approval and to ensure that the event will not constitute a nuisance or be detrimental to the health, safety, comfort or welfare of persons in the vicinity of such use. (Ord. 493, 6-9-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=98420#s1239371
8.5.205: PRIVATE RESORTS: linklink


A. Zones permitted: Agricultural, rural, agricultural suburban, restricted residential, high density residential.


B. Private resorts may include provisions for private, noncommercial, indoor and outdoor recreational uses which may include areas for activities such as group meetings, entertainment, boating, camping, swimming, and picnicking. Living facilities may also be located on site.


C. If a parcel is to be used primarily for the activities enumerated in this section by persons who do not own or reside on the parcel, it shall be subject to approval of a special notice permit for such activities, and shall be subject to the standards set forth in this section and in the permit. For purposes of this section, an ownership or equity interest in a corporation, partnership, limited liability company, or other business entity of any type, whether for profit or nonprofit, which owns a parcel shall not constitute ownership of the parcel by the individual holding such interest.


D. Private resorts shall provide for adequate access, parking, and screening from adjacent residential uses.


E. A site plan shall be submitted which includes the location of existing and proposed structures, fencing, types of activities and locations for each recreational activity, other associated activities, and other existing or proposed improvements. A parking and traffic circulation plan shall also be submitted unless waived by the Director. (Ord. 493, 6-9-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=98420#s1239372
8.5.206: UTILITY COMPLEXES: linklink


A. Zones permitted: Rural, Agricultural Suburban, Restricted Residential, High Density Residential.


B. Lot coverage by buildings shall not exceed thirty five percent (35%) of the total lot area.


C. In determining whether a permit application should be approved, the Director shall consider the following factors:

1. The public convenience and the necessity of the facility;

2. Any adverse effects that the facility may have upon properties in the vicinity; and

3. Whether reasonable restrictions, conditions of development, or protective improvements may be necessary to mitigate or eliminate any potential adverse effects of the facility.


D. Specific conditions with respect to emissions of noise, particulate matter, or vibrations, may deviate from the standards which would otherwise apply in the underlying zone in order to ensure consistency with applicable State and Federal standards.


E. Utility complexes in existence as of January 3, 1973 shall not be subject to permitting requirements, and shall be exempt from the standards set forth in this section. However, depending upon the underlying zone, a special notice permit may be required in conjunction with the creation of a new facility or the expansion of an existing facility involving a material increase in the facility's physical boundaries.


F. Notwithstanding anything contained in this Code which may be construed to the contrary, an application for a utility complex justified in accordance with applicable Federal law may not be denied, and the County's review shall be limited to the consideration of conditions of approval to mitigate potential adverse effects upon adjoining properties without hindering the operations of the facility.


G. The following shall apply to solid waste rural collection sites, whether permitted of right or with a special notice permit:

1. Parking: Solid waste rural collection sites with one or more structures shall have one parking space plus one additional parking space for persons with disabilities. Compliance with the standards set forth in chapter 4, article 4.7 of this title is not required.

2. Loading: Containers must be spaced so as to facilitate transfer of waste from private vehicles into containers and transfer of waste from containers into haulers. Compliance with the standards set forth in chapter 4, article 4.7 of this title is not required.

3. Exemptions: Solid waste rural collection sites may be located on a lot that is otherwise ineligible for building permits, and need not comply with the minimum lot size requirements for the zone in which it is located. (Ord. 514, 9-28-2017)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=98420#s1239373