Black Canyon Ordinance - Pages 1-20

_____ _____ SECTION 1: SHORT TITLE:

This Article shall be known, cited and referred to as the Black Canyon Planned Community Zoning Ordinance. (Ord. , )

_____ _____ SECTION 2: DEFINITIONS:

The following definitions shall be used in the interpretation and construction of the Black Canyon Planned Community Zoning Ordinance. Words used in the present tense include the future; the singular number shall include the plural and the plural the singular; the word "shall" is mandatory and not permissive. Any term not defined herein shall have its plain and ordinary meaning.

ACCESSORY APARTMENT OR GUEST HOUSE: A fully functional living unit including a kitchen, bathroom, etc., which may provide residence in barter for personal services, or accommodate a family member who wishes to live in a separate structure on the same lot.

ACCESSORY USE OR STRUCTURE: A use, building or structure that is customarily incidental and subordinate to the principal permitted use or approved administrative permit use, and is conducted or located upon the same lot.

ACREAGE LOTS: Lots as more particularly described in Section 5.D.5.d (1) of this Article.

ADMINISTRATIVE PERMIT: A permit issued by the Administrator for a specified use for either a one-time use or a continuing use requiring annual reviews by the Administrator to ensure that the use is being conducted in accordance with the permit.

ADMINISTRATIVE PERMIT USE: A use or occupancy of a structure, or a use of land, permitted only upon issuance of an administrative permit and subject to the limitations and conditions specified therein.

ADMINISTRATOR: The Gem County Administrator of Development Services or an authorized representative thereof.

AFFECTED PERSON: Same meaning as is ascribed to such term by Section 67-6521 Idaho Code , as amended from time to time.

ALLEY: A public or private way affording only secondary means of access to abutting property at the back or side of a property.

ANIMAL CLINIC OR VETERINARY OFFICE: Any building or portion thereof designed or used for the care or treatment of domestic or exotic animals, large or small, in which veterinary services as well as associated services including clipping, bathing, boarding and other services are rendered to such animals. An animal hospital or veterinary hospital is the same as an animal or veterinary clinic, the distinction being that in the case of an animal hospital there is a licensed veterinarian on the premises.

APPLICANT: Any owner or person with a proprietary interest in real property within the boundaries of the Black Canyon Planned Community who submits any application under this Article.

ARTICLE: This Black Canyon Planned Community Zoning Ordinance.

BASEMENT: That portion of a building structure all or partly underground but having at least one-half (1/2) of its height below the average level of the adjoining ground. A basement, when used for dwelling purposes, shall be counted as a story for purposes of height measurement where at least half (1/2) of its height is above finished grade (daylight basement), and as a half-story for purposes of side yard determination.

BARN: Any structure used to house domestic livestock.

BED AND BREAKFAST ESTABLISHMENT: A building where meals and/or lodging are provided for compensation to three (3) or more persons, but not more than twelve (12) persons, and who are not members of the householder's family.

BLACK CANYON DESIGN REVIEW COMMITTEE OR DESIGN REVIEW COMMITTEE: That certain design review committee (DRC) referenced herein as well as in the design guidelines approved as a part of the Black Canyon Specific Plan.

BLACK CANYON ASSOCIATION OR ASSOCIATIONS: The Idaho nonprofit or profit corporations whose members consist exclusively of property owners within one (1) or more phases or areas of Black Canyon and whose purpose is to provide for the administration and governance of the affairs of Black Canyon. There may be more than one (1) association, any one of which may be limited to a particular type of use such as residential, commercial or recreational or may include a combination of all uses in a particular phase.

BLACK CANYON LAND USE AND INTENSITY MAP: See definition of Land Use and Intensity Map.

BLACK CANYON, BLACK CANYON PLANNED COMMUNITY: That area depicted on the Black Canyon Zoning Map, as amended from time to time.

BLACK CANYON SPECIFIC PLAN: The Black Canyon Specific Plan consists of the goals, objectives, policies, maps (such as sketch plan maps), development standards/administration provisions and other components of the Black Canyon application for a planned community that have been adopted by the Board, and which shall serve as a guide for development. A copy of each approved Black Canyon Specific Plan shall be on file with the Gem County Development Services Department (Development Services).

BLACK CANYON ZONING MAP: Map depicting the Black Canyon Planned Community boundary and the zoning districts within this boundary.

BLOCK: A group of lots, tracts or parcels within well-defined boundaries, usually streets.

BOARD: The Board of County Commissioners of Gem County, Idaho (Board).

BOARD CHAIRMAN: Chairman of the Gem County Board of County Commissioners.

BOARDER: See definition of Roomers And Boarders.

BUILDING: Any structure securely affixed to the land, and having a roof supported by columns or walls, and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or openings, which is designed or intended for the occupancy, shelter, enclosure or protection of persons, animals, chattels or property of any kind.

BUILDING COVERAGE: The total allowable percentage of a lot that may be covered by a building or buildings.

BUILDING ENVELOPE: Areas of land within which all site disturbances pertaining to construction of buildings, e.g. site work, actual construction, etc., shall be conducted but it shall not include site disturbances pertaining to landscaping.

BUILDING HEIGHT: The vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.

BUILDING MASSING: The three-dimensional (3-D) bulk and scale of a building.

BUILDING SITE: The ground area of a building or group of buildings together with all open spaces as required by this Article.

CAFE: See definition of Restaurant.

CLINIC: A building, other than a hospital, used by one or more licensed or other health care professionals for the purpose of receiving and treating clients.

CLUB, LODGE OR SOCIAL HALL: The social use of a building or of any premises by a profit or nonprofit association for social or fraternal purposes.

CLUSTER DEVELOPMENT OR CLUSTERING: Clustering of buildings, garages, and drives to minimize site disruption and/or maximize open space. Clustering techniques may include, but are not limited to, shared driveways, key or flag lots, and cul-de-sacs.

COMMERCIAL STABLE AND RIDING SCHOOLS: For profit stables and horse riding schools.

COMMERCIAL USE: The purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity for livelihood or profit, or the ownership or management of office buildings, offices, recreational or amusement enterprises or the maintenance and use of offices by professions and trades rendering services including all advertising, events and other activities associated with such commercial use.

COMMERCIAL ZONE OR ZONES: Those areas shown on the Black Canyon Zoning Map designated for commercial uses including but not limited to retail or wholesale sales, offices, or clinics or professional services.

COMMISSION: The Planning and Zoning Commission of Gem County, Idaho.

COMMON AREAS: Those areas that are used, owned or managed jointly by a group of residences, businesses or association(s). Common areas include, but are not limited to, open spaces, parking areas, pathways, and parks.

COMPREHENSIVE PLAN: A compilation of goals, policies, maps and other data guiding the physical, social and economic development, both public and private, of the county and its environs, as defined in Chapter 65, Title 67, Idaho Code .

CONDOMINIUM: A condominium within Black Canyon shall have the same meaning as set forth in Section 55-101B, Idaho Code as the same is amended and modified from time to time, and Section 5.D.5.d (2) of this Article.

CONVALESCENT HOME: A home, place or institution licensed by the Idaho State Department of Health and Welfare as a nursing home which operates or maintains facilities providing convalescence or chronic care or both for a period in excess of twenty four (24) consecutive hours for three (3) or more patients not related by blood or marriage to the operator, said patients who by reason of illness or infirmity are unable to properly care for themselves.

CORRAL: See definition of Paddock, Pasture Or Corral.

COUNTY: Gem County, Idaho.

DEDICATION: The setting apart of land or interests in land for public use, charitable, religious or educational purposes, including the granting of any and all conservation easements.

DEVELOPER. A person or entity making application to or developing land by subdividing or otherwise cr e ating parcels of land on which buildings or structures are located or constructed, including an authorized agent(s) of a developer or the owner of the real property in question.

DOMESTIC LIVESTOCK: Horses, cattle, dairy animals, sheep, goats, llamas, alpacas and other similar grazing animals, small animals such as rabbits and domestic birds. Domestic livestock shall not include swine or such birds as are caged and housed inside the dwelling and are not raised for commercial use.

DRAINAGE: The removal of excess waters from land by means of surface or subsurface conduits.

DRIVE-IN ESTABLISHMENT: An establishment, other than a service station or truck stop, which is designed to encourage or permit customers to receive services, obtain goods, or be entertained, while remaining in their motor vehicles. Provided, however, that drive-in establishments may be associated with a service station or truck stop but shall require separate approval for conduct of such business.

DUPLEX: A building of no more than two (2) stories in height designed for or used by two (2) families or housekeeping units.

DWELLING: Any building or portion thereof designed or used as the residence or as separate living quarters of one or more persons, but not including a tent, trailer or a room in a hotel, motel, or bed and breakfast establishment.

DWELLING, MULTI-FAMILY: A building or portion thereof designed for or used by two (2) or more families or housekeeping units.

DWELLING, SINGLE FAMILY: A building designed for or used exclusively for residential purposes by one family or housekeeping unit.

EASEMENT: A right of use, but less than fee-simple or ownership, and usually for a certain stated purpose.

ENGINEER, COUNTY: The licensed professional engineer appointed or employed by the Board.

EQUESTRIAN CENTER: One or more of the Black Canyon equestrian facilities more particularly described in Section 5.D.4.a of this Article.

ESSENTIAL PUBLIC SERVICES: As provided in the Gem County Comprehensive Plan (Plan) these shall include, but are not limited to, water systems, public safety services, wastewater collection and treatment systems, storm water detention or retention areas or drainage facilities and structures, public schools, streets, roads and open space.

FAR: Floor to Area Ratio.

FEMA: Federal Emergency Management Agency.

FAMILY: A person living alone, or two (2) or more persons living together as a single housekeeping unit, in a dwelling unit, as distinguished from a group occupying a bed and breakfast establishment, boarding house, lodging house, motel or hotel.

FAMILY DAY CARE HOME: A facility licensed under or defined as such in Section 39-1102 Idaho Code , as amended from time to time.

FINAL PLAT. The map of a subdivision containing all of the requirements of Chapter 13, Title 50, Idaho Code, to be recorded in the Office of the County Recorder after approval by the Board. See also PLAT.

FLOOD PLAIN: That area defined as such by FEMA.

GRADE: The elevation of the finished surface of the ground adjacent to the midpoint of any exterior wall of a building or structure.

GREENHOUSE: A building whose roof or roof and sides are made largely of transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of plants, for private use or public sale.

GROUP DAY CARE FACILITY: A facility licensed as or defined as such in Section 39-1102 Idaho Code , as amended from time to time.

GUEST HOUSE: See definition of Accessory Apartment.

HEALTH CLUB FACILITY: Any facility providing exercise services to its customers.

HOME OCCUPATION : Any gainful occupation, profession or craft carried on wholly in a dwelling place and clearly incidental and secondary to the use of the dwelling for dwelling purposes. Provided, however, that:

a. There shall be no change in the character of the dwelling.

b. Not more than one-half of the area of one floor of said dwelling shall be used for such use.

c. No eternal alterations or construction features not customary in a dwelling unit may be constructed.

d. There may not be any external evidence of such use except for signs as approved by the DRC and provided for in this Article.

IMPROVEMENT . Streets, pavement, paths, bikeways, sedimentation control facilities, curbs, gutters, sidewalks, water systems, sanitary and storm systems, gas lines, electric and telephone lines and appurtenances, street signs, lights, irrigation canals, landscaping, lot corner monuments, and other such items as may be required for compliance with the regulation of this ordinance.

INDUSTRIAL ZONE: Those areas shown on the Black Canyon Zoning Map specifically intended for industrial uses, including but not limited to public domestic water or irrigation systems, wastewater treatment facilities and gravel extraction operations.

KENNEL: Any facility used for the boarding or training of more than four (4) domestic animals.

LAND USE AND INTENSITY MAP: The Plan contained within the Black Canyon Specific Plan that generally depicts areas intended for commercial, industrial, open space, public, recreational, residential and rural uses.

LARGE LOTS: Lots as more particularly described in Section 5.D.5.d (3) of this Article.

LODGE: See definition of Club, Lodge or Social Hall.

LOT: A parcel of land, which meets any of the lot requirements of this Article for use, design and dimensional standards and is for transfer of ownership or development, including, but not limited to condominiums, duplexes or commercial buildings. Such parcel of land may be developed if it complies with all applicable provisions of this Article and has been approved in writing by the DRC.

LOT, DEPTH: The mean horizontal distance between the front and the rear lot lines. Where the lot is irregular and the lot lines converge, the rear lot line shall be deemed to be a line at a point where the side lot lines are not less than ten feet (10') apart.

LOT LINE, FRONT: The line separating the lot from the principal street on which it fronts.

LOT LINE REAR: The lot line opposite and most distant from the front lot line.

LOT LINE, SIDE: Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is also called a side street or flanking street lot line. A side lot line separating a lot from another lot or lots is also called an interior side lot line.

LOT, LINES: The property lines bounding the lot.

LOT, WIDTH: The mean width of the lot measured at right angles to its depth, provided however, that the minimum lot width required in each district shall be measured at a distance from the front line equal to the required least depth of the front yard.

MASTER DEVELOPER: Black Canyon Partners, L.L.C., or its assigns.

MODEL HOME: A single-family dwelling or a unit within a duplex or multi-family dwelling which is shown to prospective buyers of lots or dwellings for the purpose of promoting the retail sale of lots or dwellings within Black Canyon.

NURSERY: Land and/or greenhouses used for horticultural purposes including but not limited to raising of flowers, shrubs and plants, for private use or public sale on site.

OPEN SPACE: The area depicted on the Black Canyon Land Use and Intensity Map that shall remain open and free of development other than wildlife habitat improvements, trails, and other recreational improvements.

PADDOCK OR CORRAL: A small enclosure, typically in the vicinity of the equestrian center or a stable where horses are exercised.

PARCEL: A single, contiguous unit of land owned by, or recorded as, the property of the same person or persons or entities.

PARCEL BOUNDARY ADJUSTMENT: The division for conveyance of a lot or parcel of land for the purpose of adjusting the boundary between parcels where: the dimensions of the parcels are not reduced below the minimum dimensional standards for its applicable zone; there is no increase in the original number of parcels; and, no easements, public streets, private streets or publicly dedicated areas are affected. A parcel boundary adjustment shall not move or affect the location of any platted lot line. All such adjustments shall be approved in writing by the DRC prior to application to the County for approval.

PARK AND RIDE FACILITY: Any facility designed to allow Black Canyon residents to park their vehicles in order to car pool or ride in a van or bus to various locations, usually, however, to work.

PARKING AREA (PRIVATE): A structure or open area, other than a street or public way, designed, arranged and made available for the storage of private vehicles of occupants of the building or buildings for which the parking area is developed and is necessary and accessory.

PARKING AREA OR LOT (PUBLIC): A structure or open area, other than a street or public way, to be used for the storage, for limited periods of time, of operable passenger and commercial vehicles, and available to the public, whether for compensation, free, or as an accommodation to clients or customers.

PARKING SPACE: A usable space for the parking of motor vehicles within an open, public or private parking area or within the structure or a building meeting the standards of Gem County Zoning Ordinance as amended from time to time.

PASTURE: An enclosure, typically fenced, with natural cover or planted with forage for domestic animals.

PERSONAL SERVICE RETAIL: Any retail operation oriented towards the provision of personal services.

PHASING PLAN: The preliminary and final plats for each phase of development of Black Canyon as submitted or approved for preliminary plat and/or final plat approval.

PLAT, FINAL: The drawing, map or plan of a phase of Black Canyon, including a separate subdivision or other tract of land, or a replatting of such, including certifications, descriptions and approvals and containing those elements and requirements set forth in the Gem County Subdivision Ordinance and Idaho statutes, as either are amended from time to time.

PLAT, PRELIMINARY: A preliminary plat of a phase of Black Canyon including a separate subdivision or other tract of land, or a replatting of such containing the elements and requirements set forth in this Ordinance or the Gem County Subdivision Ordinance as amended from time to time.

PRINCIPAL PERMITTED USE: The main use of a lot parcel or a building as distinguished from a subordinate or accessory use.

PUBLIC AND COMMUNITY USES: All uses intended to be made available or serve the public including but not limited to: community centers, post office facilities, churches, schools, public structures, recreational and health club facilities and day care facilities.

PUBLIC RIGHT OF WAY: A right of way open to the public, whether appearing on any plat, established by fee title or a deeded easement.

PUBLIC SERVICES: All uses intended to provide services to the public, including but not limited to public or domestic water, irrigation water, wastewater treatment, utility services such as telephone, electricity or gas, roads or other facilities associated with such uses.

PUBLIC STRUCTURE: Any structure designed for the benefit and use of the public.

PUBLIC UTILITY: Any person, entity or municipal department, duly authorized to furnish to the public pursuant to laws or regulations promulgated by state or federal agencies the following: electricity, gas, steam, telephone, transportation, water, or other regulated services.

PUBLIC UTILITY STRUCTURE: Any structure utilized by a public utility.

RECREATION FACILITY: A commercial or nonprofit swimming pool, park, fitness center, public gathering place or other use designed for amusement or recreation.

RECREATION ZONE OR ZONES: Those areas designated on the Black Canyon Zoning Map specifically for recreational uses including but not limited to equestrian, golf, boating and other recreational uses.

REGULAR LOTS: Lots as more particularly described in Section 5.D.5.d (4) of this Article.

RESIDENTIAL ZONE OR ZONES: Those areas illustrated on the Black Canyon Zoning Map intended for residential purposes including multi-family but excluding commercial housing such as hotels and bed-and-breakfast establishments unless otherwise permitted under a special use permit.

RESTRICTIVE COVENANT: A written promise or pledge which, when recorded, attaches to affected realty and which cannot be separated from the land without the consent of the affected landowners.

RESTAURANT: Any building, or part thereof, other than a bed-and-breakfast establishment, where meals and/or beverages are provided for compensation, including, but not limited to, cafes, cafeterias, coffee shops, lunchrooms, tearooms, soda shops, and dining rooms, but excluding drive-up or drive-in facilities.

RETAIL STORE: A store that sells commodities directly to consumers as opposed to commodities sold only to other sellers, including, but not limited to a general store, hardware store, clothing, bookstore, etc.

ROAD, PUBLIC: An alley, bridge, highway, road, street or thoroughfare under the jurisdiction of the Gem County Road and Bridge Department.

ROOMERS OR BOARDERS: Persons paying remuneration for eating and sleeping within a residence.

RURAL LOTS: Lots as more particularly described in Section 5.D.5.d (5) of this Article.

RURAL OR RURAL OPERATIONS: The growing of cultivated crops, fruit trees, berry bushes, grazing, pasturage, raising of domestic livestock, horticulture, floriculture, viticulture. The operation of any accessory uses to rural purposes shall be limited to packing the produce for off-site transportation to a processing plant. Provided however, that in the case of viticulture, a winery shall be considered an accessory use. Allowed accessory uses shall not include a commercial packing facility for produce from other rural facilities, feedlot or stockyard, the commercial feeding of garbage or offal to swine or other animals, a slaughterhouse, the operation of a fertilizer works, nor plants for the reduction of animal matter.

RURAL OUTBUILDINGS: Any building or structure, which is used for storage or shelter of farming materials, equipment, supplies, products or animals.

RURAL SERVICE ESTABLISHMENT: An establishment primarily engaged in performing animal husbandry or horticultural services, including agricultural milling and processing, harvesting, rural land preparation, irrigation and farm equipment sales and service, veterinary services, boarding or training of horses, and rural or agricultural produce stands.

SCHOOL, PUBLIC OR PRIVATE: An institution of learning either publicly or privately supported.

SERVICE STATION: A filling station or business enterprise using the premises primarily to sell and supply motor fuel and lubricating oils and grease to on-premises trade, including the sale of tires, batteries, automotive accessories, together with other related services, including minor motor vehicle repair. It may also include a convenience store retail use or drive-in.

SETBACK: The space on a lot or parcel required to be left open, either by the front, side or rear yard requirements of the Gem County Zoning Ordinance, this Article, or by the delineation on a recorded plat map, or recorded covenants, whichever is more restrictive.

SIGN: Any structure or natural object, such as a tree, rock, bush and the ground itself, or part thereof or device attached thereto or painted or represented thereon, which shall be used to attract attention to any object, product, place, activity, person, institution, organization or business or which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of an announcement, direction or advertisement. For the purpose of this definition, the word "sign" does not include the flag, pennant or insignia of any nation, state, city or other political unit, or any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event.

SITE DISTURBANCE: Any change in the natural character of Black Canyon as it exists at the date of adoption of this Article, such as occurs during construction, landscaping, etc.

SKETCH PLAN: A less detailed development elaboration than a preliminary plat used in conjunction with a pre-application conference. A sketch plan may include maps, charts, goals, objectives, policies and other information.

SLOPE: The number of feet of rise or fall per one hundred feet (100') horizontal distance, divided by one hundred (100) and expressed as a percentage.

SOCIAL HALL: See definition of Club, Lodge Or Social Hall.

SPECIAL USE PERMIT: A use or occupancy of a structure, or a use of land, permitted only upon issuance of a special permit and subject to the limitations and conditions specified therein.

SPECIFIC PLAN: The Black Canyon Specific Plan illustrating the general concepts and overall design of Black Canyon, but as specifically and particularly designed and established by each Phasing Plan submitted for development of the individual Phases of Black Canyon.

STABLE: A structure used or designed for the keeping, boarding, riding and/or care of horses or other animals used for riding.

STORAGE FACILITY OR STORAGE STRUCTURE: Any storage facility or structure used for the storage or parking (long-term or short-term) of, without limitation, vehicles, agricultural and recreational vehicles, boats and other watercraft, snowmobiles, equipment, and machinery.

STORY: That portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above, then the space between the floor and the ceiling next above it. Any portion of a story or fraction thereof, exceeding the definitions of the Gem County Subdivision Ordinance for height of story, as amended from time to time, shall be considered as an additional story as per that ordinance. If the finished floor level directly above a basement or cellar is more than six feet (6') above grade, such basement or cellar shall be considered a story.

STREET, PRIVATE: Any parcel of land used for a street, road, lane or way or similar designation which is not maintained by, or dedicated to the Gem County Road and Bridge Department or other appropriate government agency, and used exclusively for the benefit of private individuals, businesses or associations.

STRUCTURAL ALTERATION: Any change in the supporting members of a building, such as walls, columns, beams or girders.

STRUCTURE: Anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground, provided fences not exceeding six (6) feet in height shall not be deemed a structure.

SUBDIVISION: The division of a lot or parcel of land as provided in the Gem County Subdivision Ordinance, as amended from time to time.

SUBDIVISION ORDINANCE: The Gem County Subdivision Ordinance, as amended from time to time. The provisions of the Subdivision Ordinance shall apply to any development within Black Canyon unless the matter is specifically otherwise provided for herein.

SURVEYOR, COUNTY: The licensed professional land surveyor appointed or employed by the Board to check plats and monuments for compliance with platting and surveying laws, provide for surveying monument records and make such surveys, descriptions, maps and plats as ordered by the Board.

SWIMMING POOL: An artificial pool of water having a depth at any point of more than three (3) feet and a diameter exceeding eight (8) feet, whether above or in the ground, whether rectangular, circular, ovoid or irregular and intended to be used for swimming by humans.

TAVERN OR LOUNGE: A building where alcoholic beverages are sold for consumption on the premises, not including restaurants.

TEMPORARY LIVING QUARTERS: See definition of Accessory Apartment Or Guest House.

TEMPORARY SALES OFFICE: Those facilities, wherever located, used primarily for the wholesale or retail sales of property or lots located within Black Canyon.

TOT LOTS: Any playground facility designed for use by children.

TOWN HOME LOTS: Lots as more particularly described in Section 5.D.5.d (2) of this Article. See also Condominium.

UNPLATTED PROPERTY USE: Those uses described in Section 5.E of this Article.

USE: The purpose for which land or a structure thereon is designated, arranged or intended, or for which it is occupied or maintained, let or leased.

UTILITIES: Services intended to be used by the general public including but not limited to natural gas, oil, electricity and telephone.

VEHICLE: Every device in, upon or by which a person or property may be transported excepting devices moved by human power or used exclusively upon stationary rails or tracks.

WASTEWATER COLLECTION AND TREATMENT SYSTEM: An installation or system that is used to collect and treat domestic wastewater.

WATER SUPPLY SYSTEM: An installation or system that provides a domestic or irrigation water supply.

WILDLIFE AREA: An area specifically designated for wildlife and big game winter range.

_____ _____ SECTION 3: PURPOSE AND INTENT:

Generally, this Article is enacted with the purpose and intent of promoting, on behalf of Black Canyon, the health, safety, comfort and general welfare of the residents, business operators and visitors to Black Canyon; to conserve and control the population density and to facilitate adequate and economical provisions for public improvements, all in accordance with the Black Canyon Specific Plan; for the desirable future physical development of Black Canyon; and to provide a method of administration, all as authorized by Gem County's Plan, Ordinances, as well as Idaho's statutes and Constitution.

The purpose and intent of this Article is to set forth the development standards and administrative procedures for implementing the land use policies of Black Canyon as detailed and implemented in the individual Phasing Plans, including preliminary and final plats, to be submitted for each Phase.

Specifically, it is the purpose of this Article to:

A. Provide for the design of quality, mixed-use development within Black Canyon;

B. Provide distinctive, efficient and effective regulations to guide development in Black Canyon;

C. Encourage flexibility and creativity in Black Canyon's design and development in order to respond to market demand and site-specific conditions while enhancing the economic viability and quality of Black Canyon as well as the City of Emmett and Gem County;

D. Encourage creative and innovative land planning and design processes throughout Black Canyon, which are sensitive to existing environmental conditions;

E. Provide for the integration and balance of a variety of uses in Black Canyon;

F. Establish responsibility for the development of essential public services throughout Black Canyon and the specific mechanisms by which they will be provided and financed;

G. Provide for phased and orderly development of Black Canyon utilizing consistent criteria;

H. Provide flexibility for reconfiguration of residential and nonresidential uses and/or population density as long as these reconfigurations do not conflict with the overall intent of Black Canyon and this Article;

I. Establish the permitted uses and minimum standards for each category of residential and nonresidential use;

J. Identify and define standards for uses which may occur in each of the land use categories;

K. Establish a review and approval process for the development of Black Canyon.

_____ _____ SECTION 4: APPLICABILITY:

This Article governs the development and administration of Black Canyon, as shown on the Black Canyon Zoning Map and the Black Canyon Land Use and Intensity Map. To the extent that a development issue is not covered under the Black Canyon Ordinance, the applicable ordinances of Gem County shall control. This Article shall apply only to lands contained within the exterior boundaries of Black Canyon. However, it shall not apply to state or federal lands located within the exterior boundaries.

A. Scope And Content: This Article shall consist of the text hereof and the Black Canyon Zoning Map filed in the office of the Recorder of Gem County and in the Gem County Development Services Department for the purpose of administration and enforcement. Any amendments to the Black Canyon Zoning Map shall be filed in the office of the Recorder as well as the Black Canyon Zoning Map in the Gem County Development Services Department.

B. Flexibility: The development standards and design guidelines shown in the Black Canyon Specific Plan, including, without limitation, the Black Canyon Specific Plan, and this Article are intended to depict the general nature and relative intensity of residential and nonresidential development in Black Canyon, while allowing sufficient flexibility at the time of detailed planning and platting so that the overall goals and policies and purpose and intent of Black Canyon can be achieved. The configuration and densities of development parcels and phases may be altered from those shown on the Black Canyon Specific Plan to accommodate market, financing, site and other conditions and revisions to the project's implementation strategy providing that the reconfiguration does not conflict with the Black Canyon Zoning Map, specific restrictions or the general intent of this Article. Uses and density may also be transferred between development parcels as depicted on the Black Canyon Specific Plan providing any such transfer does not conflict with the Black Canyon Zoning Map, specific restrictions or the general intent of the BC Specific Plan and this Article. The responsibility for such interpretation shall rest with the Administrator. And provided that any such conflict may be resolved by amending the Black Canyon Specific Plan, the Black Canyon Specific Plan or this Article.

C. Conflict Of Laws: In their interpretation and application, the provisions of this Article shall be exclusive requirements under the Gem County Code for development within Black Canyon.

D. Phased Development: This Article is intended to regulate all development and improvement of Black Canyon, but is not intended to regulate the bulk sale and conveyance of raw land to developers. Developers intending to develop land within Black Canyon, or any portion thereof, are subject to the Black Canyon Specific Plan and this Article.

_____ _____ SECTION 5: PRINCIPAL PERMITTED, ACCESSORY, CONDITIONAL AND PROHIBITED USES:

A. Zoning: Districts: For purposes of this Article, Black Canyon is hereby divided into the following zoning districts as depicted on the Black Canyon Zoning Map:

1. Black Canyon Commercial (BC-C)

2. Black Canyon Industrial (BC-I)

3. Black Canyon Public Services (BC-PS)

4. Black Canyon Recreational (BC-Rec)

5. Black Canyon Residential (BC-Res)

6. Black Canyon Rural (BC-Rural)

B. Black Canyon Zoning Map and Black Canyon Specific Plan: The Black Canyon Zoning Map generally depicts the zoning districts within Black Canyon. The Black Canyon Specific Plan describes the general nature and relative intensity of development and uses within these zoning districts subject to the appropriate flexibility and other standards discussed elsewhere in this Article.

C. Allowed Uses Within Zoning Districts: The following uses are allowed within the specified zoning districts. Any use not named herein or similar in type to one of the uses described, is prohibited. Table One and Two are summaries of all commercial, industrial, recreational, residential and rural uses and characteristics allowed within Black Canyon, including principal permitted uses, accessory uses, special use permit uses and lot characteristics.

1. Black Canyon-Commercial (BC-C) Principal Uses:

a. Commercial Uses (Section 5.D.1)

b. Multi-Family Lots [Section 5.D.5.d (2)]

c. Public Uses and Services (Section 5.D.3)

d. Recreation Uses (Section 5.D.4)

e. Unplatted property Uses (Section 5.E)

2. Black Canyon-Industrial (BC-I) Principal Uses:

a. Commercial (Section 5.D.1)

b. Equestrian Center Uses (Section 5.D.4.b)

c. Open Space, Parks and Trails (Section 5.D.4.d, .e, and .f)

d. Public Uses and Services (Section 5.D.3)

e. Railroad Access Uses (Section 5.D.4.f)

f. Unplatted property Uses (Section 5.E)

3. Black Canyon Public Services (BC-PS) Principal Uses:

a. Public Uses and Services (Section 5.D.3)

4. Black Canyon-Recreational (BC-Rec) Principal Uses:

a. Boating and Marina Uses (Section 5.D.4.a.)

b. Golf Course Uses (Section 5.D.4.b)

c. Equestrian Center Uses (Section 5.D.4.c)

d. Open Space, Parks and Trails (Section 5.D.4.d., e. and g)

e. Railroad Access Uses (Section 5.D.4.f)

f. Unplatted property Uses (Section 5.E)

5. Black Canyon-Residential (BC-R) Permitted Uses:

a. Acreage Lots [Section 5.D.5.d (1)]

b. Condominium, Patio and

Town Home Lots [Section 5.D.5.d (2)]

c. Large Lots [Section 5.D.5.d (3)]

d. Multi-Family Lots [Section 5.D.5.d)

e. Open Space, Parks and Trails ((Section 5.D.4.d., e. and g)

f. Regular Lots [Section 5.D.5.d (5)]

g. Rural Lots (Section 5.D.5.d (6)]

h. Unplatted property Uses (Section 5.E)

6. Black Canyon-Rural (BC-Rural) Permitted Uses:

a. Acreage Lots [Section 5.D.5.d (1)]

b. Equestrian Center Uses (Section 5.D.4.c)

c. Open Space, Parks and Trails (Section 5.D.4.d., e. and g)

d. Rural Lots (Section 5.D.5.d (6)]

e. Unplatted property Uses (Section 5.E)

D Specific Uses: The following is a detailed description of all uses allowed in each zone, including their allowed uses, accessory uses, as well as administrative or special use permit uses, if any.

1. Black Canyon Commercial (BC-C): The Commercial Districts are intended to provide for uses compatible with Black Canyon's overall design as a community with varying life styles and recreational opportunities, to support businesses that are compatible with adjoining districts or uses, and provide services for the residents of Black Canyon and other nearby areas.

a. Allowed Uses:

• Bank branch offices including automated tellers and drive-up services
• Clinics - medical, dental
• Condominiums, including residential and commercial, patio and town home complexes
• Dry cleaning and laundering facilities (provided actual dry cleaning is done off-site).
• Golf course uses
• Entertainment facilities including theaters, clubs, lodges or social halls
• Equestrian center uses
• Guesthouses and bed and breakfast establishments
• Group day care facilities
• Offices such as business or professional
• Multi-family housing
• Park and ride facilities
• Parking areas or lots, public or private
• Personal service retail stores or establishments such as beauty salons or supply stores
• Places of worship
• Parks
• Public utility facilities and structures
• Public structures
• Railroad access uses
• Recreation facilities, including equestrian, golf and water recreation
• Restaurants, cafes, confectioneries or soda fountains including drive-in establishments
• Retail stores including by way of example: general stores, hardware stores, and bookstores
• Service stations
• Storage facilities or storage structures
• Veterinarian clinics, small animal only with boarding limited to animals under treatment

b. Accessory Uses: Uses not listed above that are compatible with the principal use on the lot.

c. Uses Permitted With A Special Use Permit. The only other uses allowed in this zone, but requiring a special use permit are:

Mini-storage facilities

Roadside stands

2. Black Canyon Industrial (BC-I): The Industrial Districts are intended to provide for uses that are more intensive and will result in the production of noise, odors or other activities that should generally be either located away from or buffered from the residential areas .

a. Allowed Uses:

• Domestic water facilities
• Electric power facilities including sub-stations
• Gravel extraction operations including batch plants
• Irrigation water facilities
• Mini-storage facilities
• Natural gas facilities
• Wastewater treatment facilities, including areas for land application of treated wastewater or facility residue.

3. Black Canyon Public Services (BC-PS): The Public Services Districts are intended to provide for the location of services and utilities public in nature and appropriately grouped in areas that may or may not be buffered from other uses, or where appropriate, actually located within other zones where compatible with the underlying zone.

a. Allowed Uses:

• Domestic water facilities
• Government or quasi-governmental offices
• Irrigation water facilities
• Public safety such as police, fire and paramedic or other emergency services
• Schools
• Telecommunication systems
• U.S. Postal Service facilities

4. Black Canyon Recreation (BC-Rec): The Black Canyon Recreation Districts are intended to provide for uses compatible with Black Canyon's overall design as a community with varying life styles and recreational opportunities, to designate areas restricted to recreational activities separate from other more intensive uses such as residential and commercial while allowing for uses compatible with or incidental to the recreational nature of the zone. Because of the wide variety of recreational opportunities intended in Black Canyon, each type of use has restrictions that will be specified for a particular phase. For example, a particular phase may have an area within the zone designated solely for equestrian center uses or boating and marina uses, or, the zone may be unlimited. The uses generally allowed in the BC-Rec Zone include the following, each of which is described in greater detail below:

a. Boating and Marina Uses (Section 5.D.4.a.)

b. Equestrian Center Uses (Section 5.D.4.b

c. Golf Course Uses (Section 5.D.4.c)

d. Open Space (Section 5.D.4.d)

e. Parks (Section 5.D.4.e)

f. Railroad Access (Section 5.D.4.f) g. Trails (Section 5.D.4.g)

h. Unplatted property Uses (Section 5.E)

a. Boating or Marina Uses: Boating or marina access areas are generally intended to facilitate the use of Black Canyon Reservoir by the residents and guests of residents of Black Canyon as well as the general public who use the Reservoir for boating or boating related activities.

(1) Allowed Uses:

• Convenience stores
• Museums or facilities regarding local historical interest
• Park and ride facilities
• Public or private group events sponsored by Black Canyon residents or commercial operations with scheduling permission from the respective Association or DRC
• Retail sales associated with boating activities, including the sale of gasoline and other motor-related products
• Restaurants, cafes and other food service facilities, including the sale of liquor to be consumed in the facility, but not off-site consumption sales
• Structures, including clubhouses, pavilions, gazebos, restrooms and concession facilities

b. Equestrian Center or Uses: Equestrian centers are generally intended to include equestrian uses and associated facilities to serve residents of Black Canyon who own or wish to board horses, would like to utilize center-owned stock, or members of the public who use the facilities as part of the center's functions or group sponsored events. There are also equestrian-related uses that occur in designated open space areas or in the park or trail system within the exterior boundaries of Black Canyon. Each Phasing Plan will indicate uses allowed in the specific area based on the overall-design of the Phase.

(1) Allowed Uses:

• Animal boarding facilities such as kennels
• Arenas, covered or open
• Cafes, drive-in, restaurants, including drive-up services
• Clinics or veterinary offices
• Commercial stables and riding schools
• Corrals, paddocks and pastures
• Equestrian-related retail store
• Event catering including the sale of alcoholic beverages for on-site consumption
• Office(s) and residence for operator/caretaker
• Public and private parking areas
• Restaurants, cafes and other food service facilities, including the sale of liquor to be consumed in the facility
• Stables for residents' stock
• Storage facilities for equestrian related equipment and foodstuffs

c. Golf Course Uses: Golf Course Uses are those areas and facilities generally associated with the game of golf and intended to serve residents of Black Canyon or members of the public who use the facilities as part of the golf course functions including private or group sponsored events

(1) Allowed Uses:

• Commercial housing accommodations including hotels and motels
• Driving ranges and practice facilities
• Event catering including the sale of alcoholic beverages for on-site consumption
• Golf courses
• Land application of treated wastewater or facility residue
• Museums or facilities regarding local historical interest
• Park and ride facilities
• Public or private group events sponsored by Black Canyon residents or commercial operations with scheduling permission from the respective golf course
• Retail sales associated with golfing activities
• Restaurants, cafes and other food service facilities, including the sale of liquor to be consumed in the facility or on the golf course
• Structures, including clubhouses, pavilions, gazebos, restrooms and concession facilities

d. Open Space: Open Space areas are designated to provide a variety of recreational opportunities to residents of Black Canyon, their guests and in limited instances, the public, either through public access to public lands contained within Black Canyon's exterior boundaries or events sponsored in these areas. These areas are designated on the Black Canyon Phasing Plans and may be limited in the uses allowed in a particular phase.

(1) Allowed Uses:

• Animal exercising, riding and training
• Nurseries or arboretums producing plants for Black Canyon open space, parks or landscape areas
• Public or private group events sponsored by Black Canyon residents or commercial operations with scheduling permission from the open space and parks management
• Rural operations limited to activities or operations such as gardens and demonstration rural projects
• Structures such as gazebos, restrooms and concession facilities
• Trails including pedestrian, bike and equestrian

NEXT: Black Canyon Ordinance Pages 21-38