This chapter establishes the purpose of this title, identifies the enabling statute pursuant to which it is adopted, repeals conflicting ordinances, establishes certain vested rights during the transition from the previous ordinance, provides rules for the continuation of nonconforming uses, and establishes rules for its interpretation.

The purpose of this title shall be to promote the health, safety, and general welfare of the people of Ashton by fulfilling the purposes and requirements of the local land use planning act of 1975 and implementing the comprehensive plan. (Ord. 459-13, 2013)

This title is adopted pursuant to the authority granted by the local land use planning act of 1975. It includes the zoning ordinance required by Idaho Code 67-6511 and the subdivision ordinance required by Idaho Code 67-6513. It also fulfills the other requirements of the local land use planning act, including the provision for variances required by Idaho Code 67-6516, the adoption of procedures for processing permits required by Idaho Code 67-6519, and the adoption of a hearing procedure required by Idaho Code 67-6534. (Ord. 459-13, 2013)

All prior ordinances are repealed to the full extent of their inconsistency with this title. (Ord. 459-13, 2013)

A "vested right" is the right to proceed with development under a previous set of regulations, or the right to proceed under this title, pursuant to a development agreement.

   A.   Vested rights to proceed with development initiated prior to the adoption of this title shall be established only by:

      1.   Having obtained a building permit in full compliance with the provisions of the previous regulations (such vested rights expire with the permit); or

      2.   Having recorded a final plat in full compliance with the provisions of the previous regulations. Recording a final plat establishes a vested right to the lot layout and street network of the subdivision. It does not establish a vested right for any particular use or development of any lot.

   B.   Vested rights to proceed with development under the provisions of this title shall be established only by:

      1.   Recording a final plat in full compliance with its provisions;

      2.   Executing a development agreement in full compliance with its provisions; or

      3.   Obtaining a class I or class II permit in full compliance with its provisions. Such vested rights expire with the permit. See section 17.16A.110 of this title on the duration of permit approvals. (Ord. 459-13, 2013)

A "nonconforming lot" is a separate parcel of land that existed on the effective date hereof, but is too small to serve as a building lot.

   A.   Consolidation of adjacent nonconforming lots to create conforming lots shall be required wherever such lots are in the same ownership. Nonconforming lots that are not subject to consolidation may be divided only in order to enlarge adjoining, conforming lots. Where such divisions are made in a platted subdivision, the plat shall be amended.

   B.   Where the only requirement of this title preventing construction of one one-family dwelling on a nonconforming lot that is not subject to consolidation, as required by subsection A of this section, is the minimum lot size, the administrator shall issue a class I permit for one one-family dwelling. Where other requirements of this title make construction of one one-family dwelling on such a lot infeasible, the planning and zoning commission shall accept small lot size as the basis for the minimum variances needed to permit construction of one one-family dwelling. (Ord. 459-13, 2013)

A nonconforming use, building, or sign was in existence on the effective date of this title, but would not comply with one or more of its requirements if submitted for approval after that date. Nonconforming uses, buildings, and signs may continue subject to the rules established herein. While the purpose of these rules is to help eliminate nonconforming uses, buildings, and signs, it is recognized that routine maintenance and repair and, in some cases, a change of occupancy to another nonconforming use or replacement of a nonconforming building or sign may be necessary to prevent community blight.

   A.   Any nonconforming use or sign abandoned for more than eighteen (18) months shall be terminated. Abandonment shall not be measured by the owner's intent, but solely by the fact that use ceases for a period of eighteen (18) or more months.

   B.   There shall be no limit on repair or maintenance activities for nonconforming uses, buildings, or signs, provided that no such activity shall increase the degree of nonconformity.

   C.   Changes in occupancy may be permitted in nonconforming commercial or industrial buildings, provided that the new occupancy is no more intense (with intensity being measured by traffic and noise generation, parking requirements, and similar factors) than the existing. Requests for such changes in nonconforming occupancies shall be processed as applications for class II permits.

   D.   Nonconforming buildings and signs may be replaced, but only where the effect of the replacement is to lessen the adverse impact of the nonconformity on the community, and where the degree of nonconformity is not increased. Requests for replacement of nonconforming buildings shall be processed as applications for class II permits, except that any nonconforming building destroyed by fire or other catastrophe may be replaced without a permit (a permit may be required by the adopted building code), if the degree of nonconformity is not in any way increased and if the replacement is completed within twelve (12) months of the building's destruction. No permit is required for replacement of a nonconforming sign. (Ord. 459-13, 2013)

When future ordinances, or state or federal law, impose additional standards on activities governed by this title, the most restrictive standard applies. (Ord. 459-13, 2013)

This title does not nullify easements, covenants, deed restrictions, and similar private agreements, but where any such private agreement imposes standards that are less restrictive than those adopted herein, this title shall apply. (Ord. 459-13, 2013)

It is the developer's responsibility to demonstrate compliance with this title. (Ord. 459-13, 2013)

All title provisions shall be interpreted as the minimum requirements necessary to protect the public health, safety, and general welfare and to implement the local land use planning act and comprehensive plan. This title is designed for consistency with the comprehensive plan and should be liberally construed to achieve that plan's purposes and intent. (Ord. 459-13, 2013)