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CHAPTER 07 Title 10 Special Provisions Applying to Misc Uses Page 1 of 5 SPECIAL PROVISIONS REVISED 05-18-2023 CHAPTER 7 SPECIAL PROVISIONS APPLYING TO MISCELLANEOUS USES SECTION: 10-7-1: Public and Semi-Public Parks, Playgrounds, and Schools 10-7-2: Gasoline Pumps 10-7-3: Flammable Liquid Storage (REPEALED – Refer to IFC) 10-7-4: Accessory Buildings 10-7-5: Cemeteries, Crematories, Mausoleums, and Columbaria 10-7-6: Clubs, Lodges, Churches, and Similar Buildings 10-7-7: Mortuaries and Funeral Homes 10-7-8 : Public Utility and Facilities 10-7-9: Circuses and Carnivals 10-7-10: Fences 10-7-11: Hospitals 10-7-12: Corner Lot Setbacks 10-7-13: Model Homes 10-7-1: PUBLIC AND SEMI-PUBLIC PARKS, AND PLAYGROUNDS: (A) The intent of this provision: 1. To foster the appropriate location and layout of public parks and playgrounds. 2. To harmonize the various features and facilities of parks and playgrounds with the surrounding area, so as to produce sound, stable residential neighborhoods. 3. To foster a co-ordination of public recreational facilities on the part of the City, and other public and semi-public agencies. (B) Approvals Necessary–Plans. Before construction of a public or semi-public park, or playground, shall be approved, the overall plan of said park, or playground shall be prepared and submitted to the Planning Director, The Planning Director shall provide a copy of the proposed park or playground to the Parks Director or their designee. The Parks Director shall review the proposed plan and make recommendations regarding the sprinkler system and landscaping, including trees and any playground equipment that may be proposed. All proposed parks that shall become maintained by the Parks Department shall meet all the criteria and requirements for installations of sprinklers and landscaping of the Parks Director and policies of the City of Ammon. All submissions for approval of a park layout shall be accompanied by plans showing the general layout and location of roadways, entrances and exits, walks, paths and Page 2 of 5 SPECIAL PROVISIONS REVISED 05-18-2023 buildings and structures; the general layout and location of landscaped areas, play area, play apparatus area, hard-surfaced areas, off-street parking, drainage, water supply, sewerage and other features of design. (C) Standards and Requirements. 1. Trees, shrubs, grass and other forms of landscaping shall be provided in sufficient quantities to insure a park-like appearance. 2. Facilities involving lights shall be so located, and the lights shall be designed and located so that glare and discomfort will not be unreasonably detrimental to surrounding residences. 3. Off-street parking areas and other facilities which attract or are intended to accommodate spectators shall be screened or located so that the detrimental effects of noise and traffic on any surrounding residential area will be kept to a minimum. 4. The entire layout and design of the park and playground shall be so arranged as to harmonize with the objectives and characteristics of the zone in which the park and playground are located. 5. Adequate ingress and egress shall be provided for both vehicles and pedestrians which the park, playground or school is intended to serve. 10-7-2: GASOLINE PUMPS: Gasoline pumps shall be set back not less than twenty (20) feet from any street line to which the pump island is at right angles, and fourteen (14) feet from any street line to which the pump island is parallel, and not less than twelve (12) feet from any residential zone boundary line. If the pump island is set on an angle on the property with respect to the street, it shall be so located that automobiles stopping for service will not extend over the property line. In no case shall gasoline pumps be set closer than fourteen (14) feet from any street line. Canopies, when supported by a column, may be located within the setback but not closer to a street than fourteen (14) feet. Projection within fourteen (14) feet from a street shall be deemed to be a marquee. 10-7-3: REPEALED 10-7-4: ACCESSORY BUILDINGS: The location and use of accessory buildings shall be governed by the following regulations: (A) Attachments to main buildings restricted. 1. An accessory building which encroaches on any part of a required yard or open space shall not be attached to any main building. 2. An accessory building which conforms to all of the yard and open space requirements established for a main building may be attached to a main building, Page 3 of 5 SPECIAL PROVISIONS REVISED 05-18-2023 provided such attachment is by means of a foundation wall or roof conforming to all provisions of the building code. 3. Where an accessory building is attached to a main building, it shall be considered as part of the main building, and its use and location shall be governed by the requirements of this ordinance applicable to main buildings. (B) Detached accessory buildings over 200 square feet shall require the following: 1. A building permit acquired from the City Building Department 2. All utilities must connect to the main house on property 3. All snow/water that falls from the roof must remain on the property, and cannot fall on the neighbor’s property or sidewalks 4. Only thirty (30) percent of the backyard may contain covered structures 5. Must use the same access to the street as the main house, with a maximum width of thirty (30) feet 6. No additional address will be assigned to an accessory building 7. Buildings placed twelve (12) feet or more behind the house may be placed a minimum of three (3) feet from the property line. This measurement may vary with height of building and roofing materials to ensure all snow/water remain on the property 8. Buildings placed less than twelve (12) feet behind the house must maintain the required setback for the zone 9. All buildings must be at least three (3) feet from any current structure or proper firewalls shall be installed 10-7-5: CEMETERIES, MAUSOLEUMS, AND COLUMBARIA: No cemetery, mausoleum, or columbarium shall be established or enlarged until a valid conditional use permit has first been granted by the Board of Adjustment. The Board of Adjustment may require that the application for said conditional use permit include maps, names and addresses, etc., for an area within a radius of two thousand (2,000) feet of the exterior boundaries of the cemetery, and such other information as it deems necessary. Said required information shall include proof of compliance with State law dealing with development and maintenance of cemeteries. The Board may also require an additional filing fee based on an estimate of the cost involved in processing said application. 10-7-6: CLUBS, LODGES, CHURCHES, AND SIMILAR BUILDINGS: No club, lodge, church, or similar use shall be established until a valid conditional use permit has first been granted by the Board of Adjustment. Premises used for the meeting place and related facilities of any club, lodge, fraternal order or similar organization shall comply with the following regulations: (A) Where such uses are located in or adjoining a residential zone, all buildings, except accessory buildings, shall be located not less than twenty (20) feet from any side or rear lot line adjoining such residential zone. (B) If such uses are located in a zone which does not permit commercial uses, there shall be no external evidence of any commercial activity. Any retail sales on the premises Page 4 of 5 SPECIAL PROVISIONS REVISED 05-18-2023 shall be for members or guests only and shall be carried on as an activity which is minor and incidental to the major function of the organization. (C) In the opinion of the Board of Adjustment, preferably after consultation with the Planning Commission, traffic safety, with respect to exits and entrances, shall be fully maintained. 10-7-7: MORTUARIES, CREMATORY AND FUNERAL HOMES: A conditional use permit shall be required for the establishment or enlargement of a mortuary, crematory or funeral home as required by Chapter 18 of this Code. In establishing the requirements for such uses, the Board of Adjustment shall consider, among other criteria, the following: (A) Whenever possible, such uses shall be located on a major street. (B) Such uses should be located as to not inhibit or deter proper development of nearby properties. (C) The site should be of ample size to allow for the makeup of funeral processions, as well as to provide the required off-street parking and loading facilities and landscaping. (D) The design of vehicular access to and from the site should conform to accepted traffic engineering practices so as to minimize traffic congestion on the adjoining streets. 10-7-8: PUBLIC UTILITY AND FACILITIES: This section applies only to non-governmental public utilities and facilities. Power substations, sewer lift stations, water pumping plants, and similar public facilities shall be permitted in any zone in Ammon; provided, however, that a Conditional Use Permit shall be issued therefore, after a public hearing is held thereon by the City Council after such notice as the Council shall order. Reasonable development standards may be imposed which are necessary to carry out the objectives and characteristics of the zone in which the facilities are located, as follows: (A) The activity to be carried on must not generate an amount of vehicular traffic that will be detrimental to values in surrounding area. (B) Lights which may be used must be directed away from surrounding residential area. (C) In the opinion of the City Council, the development will be in harmony with the objectives of the zoning ordinance and with the characteristics of the zone in which the development is located. 10-7-9: CIRCUSES AND CARNIVALS: A circus or carnival may be permitted on a temporary basis in any zone, but only after a valid conditional use permit has first been issued by the City Council. 10-7-10: FENCES: No fence, wall, hedge, or other sight obscuring object or structure which is more than three (3) feet in height shall be constructed or allowed to exist above said height within fifteen (15) feet of any front lot line along any street. This section shall not be construed to permit any structure, shrub, hedge or sight obscuring object to exist in violation of Section 10-5-8 of this ordinance. Page 5 of 5 SPECIAL PROVISIONS REVISED 05-18-2023 10-7-11: HOSPITALS: Hospitals may be permitted in any zone, but only after a valid Conditional Use Permit has first been issued by the City Council. 10-7-12: CORNER LOT SETBACKS: Corner lot setbacks shall comply with the requirements of Section 10-5-8 which relates to the clear view of intersecting streets and ways, and Section 10-5-19 which relates to the exceptions to front and side yard setback requirements. In addition, setback requirements for accessory buildings from internal lot lines of corner lots shall be the same as the setback requirements for the adjacent lots which share the common interior lot line or as required for similar lots within the same zone. 10-7-13 MODEL HOMES: Model homes may be allowed in any residential zone under the following conditions: (A) One (1) to five (5) model homes are permitted in any currently under development subdivision containing a minimum of twenty (20) buildable lots at the time of opening of the model homes. These allowed model homes shall not contain an office that operates more than twenty-four (24) hours per week or (B) A model home with an office that operates in excess of twenty-four (24) hours per week may be allowed after granting of a conditional use permit, which has been approved following the procedures in the City Code regarding conditional use permits or (C) More than five (5) model homes may be allowed in a subdivision under development after a granting of a conditional use permit, which have been approved following the procedures in the City Code regarding conditional use permits or (D) A model home may be allowed in any subdivision after a granting of a conditional use permit, which has been approved following the procedures in the City Code regarding conditional use permits.