4. Commercial Uses:

      A.   Animal Daycare or Kennel:

         (1)   Those parts of structures in which animals are boarded shall be fully enclosed, with solid core doors and no operable windows, and shall be sufficiently insulated to minimize the noise or odor that can be detected off the premises.

         (2)   All boarded animals shall be kept within a totally enclosed part of a structure between the hours of 10:00 p.m. and 6:00 a.m.

         (3)   Any outdoor animal areas shall be located at least 10 feet from each abutting property, except where the abutting property line and shall install a 6-foot tall solid fence.

      B.   Beekeeping, Accessory: The purpose of these regulations is to ensure sound beekeeping practices and avoid problems that might be associated with the keeping of bees in an urban setting.

         (1)   Standards: All beekeeping shall comply with the following standards:

            (a)   Noxious Insects Prohibited: The keeping of wasps, hornets, Africanized bees (Apis mellifera scutellata) and other noxious insects is prohibited.

            (b)   Density of Hives and Colonies: There is no minimum parcel size for beekeeping, but the maximum density is three colonies per one-fourth acre. Higher densities may be permitted by Conditional Use Permit.

            (c)   Nucleus Colonies: For every two colonies authorized above, one additional nucleus colony is allowed.

            (d)   Hives: Colonies shall be kept in hives with removable frames.

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

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

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

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

            (i)   Queens: Where a colony exhibits unusually aggressive characteristics the colony shall be destroyed or re-queened.

            (j)   Compliance with State Statutes: Beekeeping shall comply with all applicable state laws.

            (k)   Contact Information: Contact information for a responsible party shall be posted at apiaries on vacant property.

      C.   Urban Farm:

         (1)   Setbacks: There are no setback requirements for garden plantings. Accessory structures including greenhouses, fencing, and other miscellaneous improvements are subject to the dimensional standards of the zoning district.

         (2)   Maintenance: Dead plants, produce, and trash not to be used for composting or other garden functions shall be removed from the site on a weekly basis. Composting materials shall be covered or enclosed.

         (3)   Equipment: The use of mechanical equipment is generally limited to that typically associated with home gardening. Larger equipment may be used on a limited basis for seasonal activities such as soil preparation or clean-up in the fall. The use of mechanical equipment is limited to daylight hours.

         (4)   Chemicals and Fertilizers: Chemicals, fertilizers, or other toxic materials shall not drain onto adjacent properties, into waterways, or onto public rights-of-way. Chemicals and other flammable materials shall be disposed of in accordance with federal and state requirements. If stored on site, they shall be kept in a locked structure when unattended.

         (5)   Contact Information: A non-illuminated sign displaying the name and contact information for the individual or agency responsible for the urban farm shall be provided. This sign shall not exceed six feet in height or 32 square feet in background area.

         (6)   Lighting: No overhead lighting is allowed, unless the lighting fixtures are within an enclosed structure, including greenhouses. All lighting shall comply with the standards in Section 11-04-011, Exterior Lighting.

         (7)   Historic Districts: Urban Farms located in a designated Historic District require a Certificate of Appropriateness.

         (8)   Produce Distribution: The pick-up and delivery of produce for the purpose of distribution to gardeners or those who have purchased shares of locally grown produce is limited to the hours of 6:00 am to 10:00 pm. Such activities shall not be considered retail sales.

         (9)   Retail Sales: In Residential zoning districts, retail sales may be allowed at Urban Farms. In addition to the standards listed above, the following criteria apply:

            (a)   Sales shall be limited primarily to produce grown on the premises. Other items that have been grown or raised within the City's Area of Impact may also be sold. These items shall not exceed 25 percent of the total amount of products on display.

            (b)   Display areas shall adhere to the setbacks of the zoning district and be located as close to the front property line as feasible.

            (c)   The area used for the sale, display and storage of produce shall not exceed 500 square feet.

            (d)   Sales are limited to the hours of 7:00 a.m. to 8:00 p.m.

            (e)   Installation of new, on-site parking to support retail sales is prohibited.

      D.   Wireless Communication Facilities: This section establishes standards for the placement of wireless communication facilities (WCFs) to minimize aesthetic impacts by regulating the height, location, site characteristics, and design. It shall apply to the placement of all new WCFs and the expansion or alteration of existing WCFs.

         (1)   General Requirements:

            (a)   Facilities shall not:

               i.   Create adverse noise from generators or other accessory equipment;

               ii.   Create access or grading problems;

               iii.   Interfere with the safe operation of traffic control equipment;

               iv.   Interfere with sight lines or clear zones for transportation or pedestrians; and

               v.   Violate any applicable laws, codes, or regulations;

            (b)   The removal of private trees (limbs, branches, or the entire tree) is prohibited unless written approval is provided from the private property owner and submitted with an application. The removal of public trees (limbs, branches, or the entire tree) is prohibited unless written approval is provided by the City Forester. The removal, if approved, shall be completed by a tree service licensed by the City of Boise. WCFs that will disturb, or impact existing landscaping or infrastructure maintained by the City within public rights-of-way shall comply with Section 7-7A-3. WCFs that disturb a tree shall also comply with Section 11-04-09.3.F(3), Avoiding Interference with Utilities and 11-04-09.8, Tree Preservation and may be required to comply with any other applicable ordinance or manual.

            (c)   Disturbance to private property landscaping, regardless of if it is located within a public easement, shall be repaired to its original state after installation of the facility is complete.

         (2)   Application Not Required: Subject to the design standards in Section 11-03-03.4.D(6), an application shall not be required for:

            (a)   Routine maintenance;

            (b)   The replacement of a facility or antenna with another facility or antenna of equal or lesser size or height;

            (c)   The installation, placement, maintenance, operation, or replacement of strand-mounted micro wireless facilities between existing utility poles; or

            (d)   The installation of an attached Wireless Communication Facility as defined in Section 11-03-03.4.D(6).

         (3)   Use Allowances and Applications: The WCF use allowances and application requirements are identified in Table 11-03.3, below.

 

         (4)   Site Development Standards for Freestanding Wireless Communication Facilities Greater than the General Base Maximum Height of Zoning District: The following shall apply to freestanding WCFs greater than 35 feet in height in the MX-1 district, 45 feet in height in the R-3, MX-2, MX-3, MX-4, MX-5, MX-H, MX-U districts, and 55 feet in height in the I-1, I-2, and I-3 zoning districts.

            (a)   Setbacks:

               i.   Monopoles/structures/towers greater than 35 feet in height in the MX-1 district, 45 feet in height in the R-3, MX-2, MX-3, MX-4, MX-5, MX-H, MX-U districts, and 55 feet in height in the I-1, I-2 and I-3 districts shall be set back from all property lines as required by that zoning district or by one foot for every 10 feet of total tower height, whichever is greater.

               ii.   For a WCF located within 300 feet of a Residential zoning district or use, the minimum distance from the tower base to the nearest existing residential structure or building setback line shall not be less than the height of the tower.

            (b)   Separation: No closer than 1,000 feet to another freestanding WCF.

            (c)   Height Measurement: The height measurement of a WCF shall include the height of the structure including antenna attachments.

            (d)   Conditional Use Approval Required: WCFs greater than 35 feet in height in the MX-1 district, 45 feet in height in the R-3, MX-2, MX-3, MX-4, MX-5, MX-H, MX-U districts, and 55 feet in height in the I-1, I-2, and I-3 districts require approval of a Conditional Use Permit as indicated in Table 11-03.3.

            (e)   Equipment Facilities: All equipment shelters, cabinets, or on-ground ancillary equipment shall meet setback requirements of the zoning district in which they are located and shall not be located within the public right-of-way unless approved through a fully executed lease or license agreement and all design standards have been met.

            (f)   Screening and Landscaping: Facilities shall include a landscape buffer. The buffer shall consist of a landscape strip at least four feet wide outside the perimeter of the compound. A minimum of 50 percent of the plant materials shall be of an evergreen variety. The Planning Director may reduce or waive landscaping requirements where the visual impact of the facility is minimal.

            (g)   Color and Placement: To the maximum extent practicable, WCFs shall use materials, colors, textures, screening, and landscaping that blend the facilities to the natural setting and the built environment (e.g., a monopine design or similar concealment). Any antennas and supporting equipment installed on a structure other than a tower shall use colors that are similar to the supporting structure and render the antennas and related equipment as unobtrusive as possible.

            (h)   Lighting and Security: Unless required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC), WCFs shall not be lit. Equipment shelters may use security lighting that is compatible with the surrounding neighborhood, confined to the boundaries of the site, and in compliance with Section 11-04-011, Exterior Lighting. Where a WCF is required to meet FAA paint or lighting regulations, the distance between the WCF and any residential zoning district or use or any Historic District shall not be less than one-fourth of a mile.

            (i)   Advertising: No advertising or display shall be located on any antenna or support structure.

            (j)   Discontinuation of Use: Any WCF that is no longer in use shall be reported immediately by the property owner or service provider to the Planning Director. Discontinued facilities shall be removed within six months and the site restored to its pre-existing condition.

            (k)   Gateway Streets: Lattice towers and WCF poles greater than 35 feet in height in the MX-1 district, 45 feet in height in the R-3, MX-2, MX-3, MX-4, MX-5, MX-H, MX-U districts, and 55 feet in height in the I-1, I-2, and I-3 zoning districts are prohibited within 100 feet of:

               i.   Capitol Boulevard;

               ii.   Vista Avenue from I-84 to Capitol Boulevard;

               iii.   Broadway Avenue from I-84 to Warm Springs Avenue;

               iv.   State Street from the State Capitol to State Highway 55;

               v.   Myrtle Street;

               vi.   Front Street;

               vii.   Federal Way from Capitol Boulevard to Bergeson Street;

               viii.   Warm Springs Avenue; and

               ix.   Park Center Boulevard.

         (5)   Site Development Standards for Freestanding Wireless Communication Facility Less Than/or Equal to the General Base Maximum Height of the Zoning District: The following shall apply to freestanding WCFs less than or equal to 35 feet in height in the R-1A, R-1B, R-1C, R-2, and MX-1 districts, 45 feet in height in the R-3, MX-2, MX-3, MX-4, MX-5, MX-H, MX-U, A-1 and A-2districts, and 55 feet in height in the I-1, I-2, and I-3 zoning districts.

            (a)   Setbacks:

               i.   Monopoles/structures less than or equal to 35 feet in height in the R-1A, R-1B, R-1C, R-2, and MX-1 districts, 45 feet in height in the R-3, MX-2, MX-3, MX-4, MX-5, MX-H, MX-U, A-1, and A-2 districts, and 55-feet in height in the I-1, I-2, and I-3 zoning districts shall comply with setbacks, landscaping and screening requirements for the zoning district in which they are located.

               ii.   For a WCF located within 300 feet of a Residential zoning district or use, the minimum distance from the tower base to the nearest existing residential structure or building setback line shall not be less than the height of the tower.

               iii.   In Residential zoning districts, freestanding WCFs shall be no closer than 20 feet to a dwelling.

            (b)   Design Criteria: The WCF shall comply with the WCF design standards in Section 11-03-03.4.D(6)(a).

            (c)   Separation: A freestanding WCF shall be no closer than 500 feet to another freestanding WCF.

            (d)   Dual Purpose: The pole shall allow for a Boise City Public Works approved street light or co-location of another WCF provider or utility service.

            (e)   Ground Equipment: All equipment not installed on or inside the pole shall be located underground, flush to the ground, within three feet of the utility pole and shall not be located within the public right-of-way unless approved through a fully executed lease or license agreement and all design standards have been met.

            (f)   Placement: The freestanding WCF shall not interfere with clear vision triangles or pedestrian access.

            (g)   Setback: In residential zoning districts, freestanding WCFs shall be no closer than 20 feet to a dwelling.

            (h)   Options to Co-locate: The applicant shall demonstrate that all appropriate co-location options (including publicly owned utility poles, privately owned structures, poles, rooftops, and poles within easements) within a 500 foot radius are technically incompatible for co-location.

            (i)   Notification: Notification of the adjacent property owners and occupants, including properties across streets and alleys, shall be submitted with the application, stating the adjacent owners and occupants have been notified of the applicant's intent to install a freestanding wireless communication facility, that any disturbance to the site will be repaired to its original state, and the applicant's contact information including name, telephone number, mailing address and email address. Certified mail is an acceptable means of notifying adjacent owners and occupants.

         (6)   Design Standards for Attached Wireless Communication Facilities: The following shall apply to attached WCFs per Table 11-03.3:

            (a)   General Criteria: The total volume of antennas on one structure shall not exceed 15 cubic feet.

               i.   No antenna shall extend horizontally more than 20 inches past the outermost mounting point (where the mounting hardware connects to the antenna).

               ii.   Antennas and associated equipment enclosures not fully concealed within a pole shall be camouflaged to appear as an integral part of the pole or be mounted as close to the pole as feasible and shall be reasonably related in size to the intended purpose of the facility and reasonable expansion for future frequencies and/or technologies, not to exceed the volumetric requirements otherwise required in this ordinance.

               iii.   Antennas and antenna equipment shall not be illuminated except as required by municipal, federal, or state authority or as incidental to deployment on a street light.

               iv.   In addition to complying with the design standards in this Subsection, when co-located on a pole owned by a different company or establishment, the co-located antenna shall also comply with the design standards of the pole owner applicable to its own antennas.

            (b)   Strand-Mounted Wireless Facilities: Strand-mounted facilities shall comply with the following:

               i.   Each strand-mounted antenna shall not exceed three cubic feet in volume;

               ii.   No more than two strand mounted antennas between any two existing poles;

               iii.   Strand-mounted devices shall be placed as close as possible to the nearest pole and in no event more than five feet from the pole; and

               iv.   No strand-mounted device will be located in or above the portion of the roadway open to vehicular traffic. Strand-mounted devices shall be installed with the minimum excess exterior cabling or wires to meet the technological needs of the facility.

            (c)   Replacement:

               i.   The center point of the replacement pole shall be located no more than five feet away from the center point of the original pole.

               ii.   Construction of the replacement pole entails no new ground disturbance within a five foot radius outside previously disturbed areas, including disturbance associated with temporary support of utility, communications, or related transmission lines.

               iii.   The pole shall be less than or equal to 35 feet in height in the R-1A, R-1B, R-1C, R-2, and MX-1 districts, less than 45 feet in height in the R-3, MX-2, MX-3, MX-4, MX-5, MX-H, MX-U, A-1 and A-2 districts, and 55 feet in height in the I-1, I-2, and I-3 zoning districts, except as otherwise authorized under this Code; and

               iv.   Has an appearance consistent with the quality and appearance of the original pole.

            (d)   Exceptions:

               i.   The design standards shall not apply to the extent that the facilities comply with any of the following standards:

                  A.   Antennae located entirely within approved signage, including antennae placed within the sign face or attached to a support structure so long as the design is such that the antennae is effectively unnoticeable. Such antennae shall not be placed on a non-conforming sign.

                  B.   Flush mounted, color coordinated panels on existing buildings where equipment is not visible above the roof line. All equipment shelters, cabinets or other accessory structures shall be located within the building used for the antennae, or on the ground located outside of any required setbacks, required landscaping or parking spaces.

                  C.   Antennae built into architectural features or that appear to be architectural features added to existing structures (such as chimneys, cupolas, dormers, bell towers, steeples, water tanks, stadium lights, utility poles, and other similar features), provided that the height of such architectural feature is less than or equal to 35 feet in height in the R-1A, R-1B, R-1C, R-2, and MX-1 districts, less than 45 feet in height in the R-3, MX-2, MX-3, MX-4, MX-5, MX-H, MX-U, A-1 and A-2 zoning districts, and 55 feet in height in the I-1, I-2, and I-3 zoning districts.

                  D.   Co-location on existing facilities where the height of the existing structure or pole does not exceed 35 feet in height in the R-1A, R-1B, R-1C, R-2, and MX-1 districts, 45 feet in height in the R-3, MX-2, MX-3, MX-4, MX-5, MX-H, MX-U, A-1 and A-2 districts, and 55 feet in height in the I-1, I-2, and I-3 zoning districts, unless a Conditional Use Permit is approved.

                  E.   Installations that are located far from any prospective viewer and in such a way as to have a backdrop of terrain that obscures the antennae as to make it visibly unobtrusive and effectively unnoticeable; or

                  F.   Antennas that appear to be natural features indigenous to the site and that are in proximity to the features they are imitating so that they blend in and do not stand out visually.

               ii.   An applicant may seek Planning Director approval to deviate from applicable site and design standards to the extent that compliance with the standard: (i) is not technically feasible; (ii) impedes the effective operation of the WCF; (iii) conflicts with other applicable laws or requirements governing the WCF; or (v) otherwise materially inhibits or limits the provision of wireless service.

         (7)   Eligible Facilities Request: Upon receipt of an Eligible Facilities Request, the Planning Director shall review such application to determine whether the application qualifies. The Planning Director shall issue an approval if the application qualifies.

      E.   Brewpub, Micro-Distillery, Or Micro-Winery:

         (1)   In the MX-1 zoning district, this use shall not exceed 5,000 square feet of gross floor area and shall maintain at least 20 percent of the gross floor area for public use as an area for consumption of products produced on the premises.

         (2)   In other zoning districts where this use is allowed, except the I-1 and I-2 districts, Brewpubs, Distilleries, or Wineries shall not exceed 10,000 square feet of gross floor area and shall maintain at least 40 percent of the gross floor area of the facility for public use as an area for consumption of products produced on the premises and food items.

      F.   Food Truck, Accessory: All Food Trucks shall comply with the following standards in order to operate on private property, provided that:

         (1)   Each Accessory Food Truck shall comply with all applicable city, state, and federal licensing requirements and shall be in good operating condition.

         (2)   Each Accessory Food Truck and any associated tables, chairs, displays, umbrellas, and/or other equipment shall not physically occupy or obstruct access to any parking stalls necessary to meet the minimum parking requirements for any on-premises land uses, unless the Accessory Food Truck is operating outside of the business hours of on-premises uses.

         (3)   Each Accessory Food Truck and any associated tables, chairs, displays, umbrellas, and other equipment shall not obstruct any designated pedestrian, bicycle, or vehicle ingress or egress from the property, or any designated drive aisle.

         (4)   Each Accessory Food Truck shall have written permission from the property owner for use of the site and allowed location on the site, a copy of which shall be kept in the Accessory Food Truck and made available for review by any City inspector at all times during operation of the Accessory Food Truck at the site.

         (5)   The Accessory Food Truck operator shall provide trash receptacles sized to meet expected demand and shall remove them after the Accessory Food Truck completes serving food.

         (6)   Motorized vehicle drive-through service from all food trucks is prohibited.

      G.   Food Truck Court:

         (1)   General:

            (a)   Food Trucks operating within a Food Truck Court shall meet all applicable city, state, and federal licensing requirements and shall be in good operating condition.

            (b)   Motorized vehicular drive-through service from all food trucks is prohibited.

         (2)   Location:

            (a)   Food Trucks and associated seating areas shall not be located in any required landscaping area, access easement, driveway, or fire lane(s).

            (b)   All eating, drinking, service, and delivery activity shall occur outside of setbacks, landscaping, and the public right-of-way.

         (3)   Site Design:

            (a)   There shall be at least three feet of clearance between each individual Food Truck and between each permanent or accessory structure and at least 10 feet of unobstructed clearance for Food Trucks parked side-by-side.

            (b)   Seating for the consumption of food and drink shall be provided.

            (c)   Accessible restroom facilities, including handwashing facilities, shall be provided.

            (d)   Each Food Truck Court shall provide trash receptacles sized to meet expected demand and shall empty or remove them on a daily basis. The site shall include a trash collection facility, including but not limited to a designated dumpster location accessible by trash collection vehicles.

            (e)   The Food Truck Court shall be designed to allow for continuous pedestrian ingress and egress to and from the site as well as accessible internal walkways or passageways between Food Trucks, restroom facilities, trash receptacles, and seating areas.

         (4)   Operations:

            (a)   When located adjacent to a residential zoning district, the hours of operation shall be limited between 6:00 a.m. and 10:00 p.m.

            (b)   Any amplified sound shall comply with Title 5, Chapter 7 of the Boise City Code regarding permissible levels of noise.

      H.   Neighborhood Café:

         (1)   A Neighborhood Café shall not exceed 2,000 square feet in gross floor area.

         (2)   If alcoholic drinks are served, food shall be served as well.

         (3)   Any outdoor seating area is limited to no more than 30 percent of the gross floor area of the Café.

         (4)   In the R-1C zoning district, the location of this use is allowed on corner lots. If the use is proposed to be located on an interior lot, it shall require a Conditional Use Permit approval pursuant to Section 11-05-05.3.C.

         (5)   Drive-Through Facilities are prohibited.

         (6)   The Café shall only operate between the hours of 7:00 a.m. and 8:00 p.m.

      I.   Bed And Breakfast:

         (1)   In the R-1A, R-1B, R-1C, R-2, R-3, and MX-1 districts:

            (a)   This use is limited to existing or former Single-Family Detached Dwellings; and

            (b)   Food service shall only be provided to residents and overnight guests.

         (2)   Each guest stay shall be limited to a maximum of 30 consecutive days.

         (3)   No food preparation or cooking shall be conducted within any bedroom made available for guests.

         (4)   The exterior design of the structure and premises shall include an amount of façade articulation, and numbers and locations of windows and building entrances on the primary building façade that are similar to those in the surrounding area and neighborhood.

      J.   Recreational Vehicle Park: Any Recreational Vehicle Park shall be subject to the following standards:

         (1)   Recreational vehicles shall not be visible from adjacent or surrounding arterial streets or highways. Screening shall comply with Section 11-04-09, Landscaping, Fencing, Walls, and Screening.

         (2)   A site area for each recreational vehicle shall be designated and parking for the recreational vehicles, accessory vehicles, trailers and slide-outs, stairs, or similar items shall be contained within that individual vehicular site area.

         (3)   No more than one recreational vehicle shall be permitted at any individual site area.

         (4)   Recreational Vehicle Parks shall have a full-time manager on site at all times.

         (5)   Services and amenities within the Recreational Vehicle Park shall be restricted to use by registered campers and their guests, and shall include at a minimum water, sewer, and electricity for each site, water and sewer facilities for common buildings, dump stations, common bathrooms and showers, laundry facilities, a management office, and an active recreational area that complies with Subsection (6) below.

         (6)   An active recreational area shall be a minimum of four percent of the site, and may include a clubhouse, swimming pool, outdoor amphitheater, food and beverage service, catering facilities, and other such similar amenities.

         (7)   Sale of retail items shall be limited to registered campers and their guests and shall not occupy more than 2,000 square feet of building area.

         (8)   No blocking of recreational vehicles shall be permitted.

         (9)   No outdoor storage by park guests shall be permitted.

         (10)   The site shall be properly graded for drainage, and surfaced with concrete, asphalt or any other improved surface approved by the Planning Director based on durability, appearance, and dust control.

         (11)   The site shall be maintained in good condition, free of weeds, trash, and debris.

         (12)   Occupancy of an individual recreational vehicle on the park site shall be limited to a maximum of 30 consecutive days.

      K.   Financial Establishment, Medical or Dental Clinic, Personal and Business Services: In the R-3 zoning districts, these uses may only be located on the ground floors of buildings containing primary Multiple-Family Dwelling uses or within an existing building.

      L.   Office:

         (1)   Within the R-3 zoning district, professional and executive offices may only be located on the ground floors of buildings containing primary Multiple-Family Dwelling uses or within an existing building.

         (2)   In the I-1 and I-2 zoning districts, construction of new buildings for primary office uses, or the creation of accessory office uses that occupy more than 25 percent of the gross floor area of a primary structure require a Conditional Use Permit pursuant to Section 11-05-05.3.C. The use of up to 25 percent of the gross floor area of a new or existing building for office uses accessory to Allowed or Conditional Uses in the building does not require a Conditional Use Permit.

      M.   Firing Range, Indoor:

         (1)   The City may require a nuisance abatement plan or restrict hours of operation as a condition of approval to minimize adverse impacts on adjacent properties.

         (2)   The design and construction of the use shall completely confine all ammunition rounds within the building and in a controlled manner.

      N.   Retail Sales, Neighborhood:

         (1)   In the R-1C zoning district, the location of this use is allowed on corner lots. If the use is proposed to be located on an interior lot, it shall require a Conditional Use Permit approval pursuant to Section 11-05-05.3.C.

         (2)   A neighborhood retail sales establishment shall only operate between the hours of 7:00 a.m. and 8:00 p.m.

      O.   Retail Sales Small, Medium, or Large: In all zoning districts, the pedestrian walkways and entrances into each business shall remain unencumbered by merchandise or storage and shall provide a minimum horizontal clearance of five feet to allow convenient pedestrian passage.

      P.   Sexually Oriented Business:

         (1)   Legislative Intent and Purpose

            (a)   It is the intention of the City that the provisions of this Section be construed, enforced, and interpreted in such a manner as will cause the least possible interference with any affected rights of speech, due process, equal protection, or other federal or state constitutional right, as interpreted by the courts. This Code and each Section and provision thereof are hereby declared to be independent divisions and subdivisions and, not withstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provisions of this Section, or the application thereof to any person or circumstance is held to be invalid, the remaining Sections or provisions and the application of such Sections or provisions to any person, business, or circumstances other than those to which it is held invalid, shall not be affected thereby, and it is hereby declared that such Sections and provisions would have been passed independently of such Section or provision so known to be invalid.

            (b)   The purpose of these regulations is to allow the reasonable location of a Sexually Oriented Business within the city in a manner that shall protect property values, neighborhoods, and residents from the potential adverse secondary effects of Sexually Oriented Businesses while providing to those who desire to patronize Sexually Oriented Businesses such opportunity in appropriate areas within the city. It is not the intent of this Code to suppress any speech activities protected by the First Amendment of the United States Constitution, but to impose content-neutral regulations that address the adverse secondary effects a Sexually Oriented Business may have on abutting properties and the immediate neighborhood.

            (c)   It has been determined and reflected in the land use studies of various US cities, that businesses that have as their primary purpose the selling, renting, or showing of sexually explicit materials have negative secondary impacts upon surrounding businesses and residences. The experience in other U.S. cities is that the location of a Sexually Oriented Business significantly increases the incidence of crimes, especially sex offenses, including rape, indecent exposure, lewd and lascivious behavior, and child molestation.

            (d)   It has been determined and reflected in the land use studies of various US cities, that the operation of Sexually Oriented Businesses in business districts that are immediately adjacent to and that serve residential neighborhoods has a deleterious effect on both the business and the residential segments of the neighborhood, causing blight and down-grading property values.

            (e)   It is the intent of these regulations to allow Sexually Oriented Businesses to exist within the city in various dispersed locations rather than to allow them to concentrate in any one business area. It is further the purpose of these regulations to require separation requirements between Sexually Oriented Businesses and residential uses, churches, parks, and educational institutions in an effort to buffer these uses from the secondary impacts created by Sexually Oriented Business activity.

         (2)   Applicability: The standards in this Section shall apply in the following circumstances:

            (a)   The opening or commencement of any Sexually Oriented Business as a new business;

            (b)   The conversion of an existing business or any part of any existing business to any of the Sexually Oriented Businesses regulated herein;

         (c)   The addition or expansion of any business to include any of the regulated Sexually Oriented Businesses; and

         (d)   The voluntary relocation of any such business.

         (3)   Criteria: In lieu of the generally applicable Conditional Use Permit criteria, a Sexually Oriented Business shall be subject to the following standards:

            (a)   If the establishment is located in a Mixed-Use zoning district, it:

               i.   Shall be limited to businesses licensed to serve beer, wine, alcohol, or spirituous liquor for consumption on the premises and that features live performers or servers wearing bikinis or swimsuits covering specified anatomical areas; and

               ii.   Shall be located at least 300 feet from any residential use or zoning district.

            (b)   In any zoning district in which the establishment is located, it shall comply with the following standards:

               i.   It shall not be located within 1,000 feet of a public or parochial school or daycare as defined and licensed by the state of Idaho; a public park or playground; a Bar or Tavern or other premises serving alcohol; religious institution; or any other Sexually Oriented Business.

               ii.   It shall not be located on a lot or parcel that is within 500 feet of a residential use or zoning district (except as noted in Subsection (a)(i) above).

               iii.   Distance shall be measured in a straight line from the property line closest to the property line of the nearest school, park, playground, religious institution, or other Sexually Oriented Business. These standards shall apply regardless of the political jurisdiction in which schools, parks, or churches or other adult businesses are located.

               iv.   Lobby and entrance areas should be designed so as to minimize obstruction of sidewalks during operating hours and shall be oriented and consistent with other commercial activities in the area.

               v.   All building openings, entries, windows, and the like, shall be located, covered, or screened in such a manner as to prevent a view into the interior, so that personnel, instruments, devices, paraphernalia, and body parts thereof, that are associated in any manner with specified anatomical areas or specified sexual activities, cannot be viewed from streets, sidewalks, and adjacent private properties.

               vi.   No loudspeakers or sound equipment shall be used for such businesses that can be discerned by the public outside the building.

               vii.   The disposal of garbage and trash containing sexually explicit materials shall be disposed of in a manner that prevents minors from having access to the material.

               viii.   Hours of operation are from 4:00 p.m. to 2:00 a.m. One security staff person is required for each 20 required parking spaces or fraction thereof. The hours of operation shall be visibly posted on all entrances and exits.

               ix.   On-site security shall be present during all hours of operation.

               x.   These provisions shall not be construed as permitting any use or act that is otherwise prohibited or made punishable by law.

               xi.   No sexually oriented materials or performances shall be disseminated, performed for, by, or upon minors. Signs prohibiting minors upon premises shall be visibly posted on all entrances and exits.

               xii.   All areas of the use shall be illuminated at a minimum of 20 footcandles, normally maintained and evenly distributed at ground level. except that performance venues shall only be required to be illuminated at a minimum of five footcandles.

               xiii.   The establishment shall limit the maximum number of image producing devices to the maximum occupancy load permitted in any room or partitioned portion of a room in which an image producing device is located.

      Q.   Drive-Through Facility: All Drive-Through Facilities shall comply with the following standards:

         (1)   The location shall not cause an increase of commercial traffic in nearby residential neighborhoods, or cause significant adverse impacts in the vicinity, and traffic on nearby streets shall not be disrupted by increased vehicular congestion, blockage, or rerouting caused by the establishment.

         (2)   Drive-through lanes and associated escape lanes shall each be a minimum of 10 feet in width.

         (3)   Drive-through lane(s) shall be of sufficient length to accommodate average monthly peak volumes and shall comply with the table below, unless the Planning Director determines that additional spaces are required to avoid traffic congestion on abutting collector or arterial streets.

 

         (4)   The number of drive-through lanes may be limited to allow for adequate on-site circulation of pedestrians and vehicles.

         (5)   Drive-through windows and drive-through lanes shall be located to the rear of the building to the maximum extent practicable.

         (6)   Drive-through lanes and related motor vehicle circulation shall not interfere with access to or reduce the number of motor vehicle parking spaces below the minimum required for all uses of the site, and shall not interfere with multi-modal access to, from, or through the site.

         (7)   Drive-through lanes shall be separated from the sidewalk by a planting strip a minimum of five feet in width.

         (8)   Exterior site lighting shall be designed and located to prevent glare and light trespass on abutting properties.

         (9)   Landscaping shall minimize the visual impact of vehicular lights and on-site signs as viewed from the public street.

         (10)   Drive-Through Facilities shall not create adverse noise, light, or other impacts on adjacent properties, and the hours of operation of a Drive-Through Facility may be limited to prevent or mitigate such impacts.

         (11)   Drive-Through Facilities shall be designed to meet all applicable standards in Section 11-04-03.5, Neighborhood Transition Standards.

         (12)   Where properties are located adjacent to a Residential district or residential use:

            (a)   Sound from electronic devices such as loudspeakers, automobile service order devices, and similar sound sources related to the use shall not exceed 55 decibels as measured at the property line with any adjacent Residential district or residential use.

         (b)   Drive-through lanes shall be set back at least 10 feet from each Residential zoning district or residential use; and

         (c)   Landscape and sound abatement walls shall be required along each property boundary abutting a Residential zoning district or use.

         (13)   In the MX-1, MX-3, MX-5, and MX-H zoning districts, Drive-Through Facilities may be allowed only if no drive-through service window or lane is located on a street-facing façade of the building. Service lanes and service windows shall be completely covered by and enclosed on both sides by a portion of the primary structure and access to service lanes from any street shall be through openings in the façade of the primary structure. Designs in which awnings, canopies, or other architectural features cover but do not enclose both sides of the service lanes do not meet this standard.

         (14)   In the MX-2 zoning district, Drive-Through Facilities may be allowed only if no drive-through service window or lane is located on a street-facing façade of the building.

      R.   Electric Vehicle Charging Station: All Electric Vehicle Charging Stations shall comply with the following standards:

         (1)   In the Residential zoning districts, an Electric Vehicle Charging Station shall be accessory to an Allowed or approved Conditional Use and shall be limited to use by residents, occupants, and patrons of the facility to which the use is accessory.

         (2)   Each charging station that is located in a parking lot shall comply with all applicable provisions of Section 11-04-08.6, Electric Vehicle (EV) Parking Spaces.

      S.   Service Station:

         (1)   In the MX-1 zoning district, Service Stations shall be limited to a maximum of six fuel pumps.

         (2)   All business and sales activities other than vehicle fueling shall be conducted within a completely enclosed building.

         (3)   No outdoor storage of vehicle parts, discarded tires, or similar materials shall be permitted.

         (4)   Fuel canopies shall be located to the side or rear of properties to minimize visual impact from public streets.

         (5)   Where this use is located adjacent to a Residential or Mixed-Use zoning district, the lot line/property lines adjacent to the Residential or Mixed-Use zoning district shall be screened pursuant to Section 11-04-09.5, Site Perimeter Buffers.

         (6)   Service Station canopies shall comply with the canopy lighting standards in Section 11-04-011.4.G, Canopy Lighting.

      T.   Vehicle Repair, Major and Minor:

         (1)   All major overhaul, body, and fender work, upholstering and welding, and spray painting shall be conducted within a completely enclosed building.

         (2)   No outdoor storage of vehicle parts, discarded tires, or similar materials shall be permitted.

         (3)   Outdoor storage of damaged, wrecked or temporarily inoperable vehicles awaiting repairs shall be limited to designated parking stalls and shall not be located in setbacks, landscaping areas, drive aisles, and pedestrian or bicycle networks.

         (4)   Where this use is located adjacent to a Residential or Mixed-Use zoning district, the lot line/property lines adjacent to the Residential or Mixed-Use zoning district shall be screened pursuant to Section 11-04-09.5, Site Perimeter Buffers.

      U.   Vehicle and Equipment Sales, Rental and Leasing, Light and Heavy:

      (1)   Vehicles shall not be displayed in required setbacks or areas designated for parking, vehicle and bicycle traffic circulation, drive aisles, fire lanes, or required landscaping.

      (2)   Vehicles shall be displayed outside clear vision triangles at any intersection or driveway and shall not obstruct the sidewalk or entrance into the primary building or any other sidewalks that allow for pedestrian access throughout the site.

      (3)   Where this use is located adjacent to a Mixed-Use zoning district, the lot line/property lines adjacent to the Mixed-Use zoning district shall be screened pursuant to Section 11-04-09.5, Site Perimeter Buffers.

      (4)   No loading and unloading of vehicles or parking or sale of display vehicles in the public right-of-way is permitted.