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CHAPTER 21 Title 10 HC-1 Zone CHAPTER 21 HC-1 HIGHWAY COMMERCIAL ZONE SECTION: 10-21-1: General Objectives and Characteristics of Zone 10-21-2: Use Requirements 10-21-3: Area, Width, Location, Height, and Size Requirements 10-21-4: Special Provision 10-21-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The HC-1 Highway Commercial Zone has been established as a district in which the primary use of the land is for retail stores and service establishments to serve the traveling public. This zone is usually located at specific locations along arterial roadways throughout the City, and is characterized by buildings set back from the right-of-way line and having a wide variety of architectural forms and shapes. The objectives in establishing this zone are: (A) To encourage the development and continued use of the land within the zone for business purposes. (B) To promote safety on the roadways. (C) To maintain maximum use of high right-of-way for travel purposes. (D) To prohibit uses which tend to prevent the continued use and development of the land within the zone for its primary purpose. In order to accomplish the objectives and purposes of this ordinance and to promote the essential characteristics of this zone, the following regulations shall apply in the HC-1 Highway Commercial Zone (see also Supplementary Regulations to Zones). 10-21-2: USE REQUIREMENTS: (see also §10-37 District Use Matrix). (A) To serve liquor by the drink, and beer and wine by the drink, at retail upon premises as a secondary use only wherein the primary operation of the premises is as a restaurant/café in the business of preparing, serving and dispensing food and beverages wherein such premises do not have an age restriction imposed by any chapter within Title 23 of the Idaho State Code. Secondary use as used in this Chapter shall mean: The sale of liquor shall be second in sales when compared to food sales. Secondary use shall also mean at minimum liquor sales shall not exceed forty (40) percent of total sales in said establishment. Upon request of the City Council, an establishment shall provide to the Planning Director a detail of total sales and comparisons by category. Sales should be substantiated by computer generated reports obtained by a cash register or other electronic device used for tracking sales in an establishment. (Ord. 620, 2019) Page 1 of 2 Revised 01-31-2020 (B) Beer and Wine Café: To serve beer and wine by the drink, at retail upon premises or as carry-out establishment, with an age limit of 21 years of age or older, with little or no food service, provided the following conditions are met: 1) Shall be located in a multi-tenant structure where at least one restaurant is operating at the time of business license application for the Beer and Wine Café; 2) Hours of operation shall be limited to 9:00 a.m.-11:00 p.m.; 3) Shall allow food to be brought in from local restaurants; 4) Shall not be issued a liquor license; and 5) Shall operate in compliance with regulations within Title 23 of Idaho State Code. (Ord. 628, 2019) 10-21-3: AREA, WIDTH, LOCATION, AND SIZE REQUIREMENTS: No requirements, except that all buildings shall be set back a minimum distance of thirty (30) feet from the property line adjacent to any public street, except as herein provided and required under the provisions of this ordinance. 10-21-4: HEIGHT REQUIREMENTS: Maximum building height is subject to the Fire Department’s ability to provide adequate fire protection. 10-21-5: SPECIAL PROVISIONS: (A) No dust, odor, smoke, vibration or intermittent light, glare, or noise shall be emitted which is discernible beyond the premises, except for normal movement of automobile traffic. (B) Landscaping shall be as set forth in section 10-5-24. (C) All merchandise, equipment, and other materials, except seasonal merchandise such as nursery stock, fruits, vegetables, and vehicles in running order, shall be stored within a solid structure fenced site obscuring enclosure IE. Vinyl or block fencing. (D) Off street parking shall be provided, as required in this ordinance, and shall be hard surfaced. Page 2 of 2 Revised 01-31-2020