The AVO Avalanche Overlay Zoning District is hereby established to include all those areas within the City where high or moderate avalanche potential exists. Avalanches are caused by steepness of slope, exposure, snowpack composition, wind, temperature, rate of snowfall and other little understood interacting factors. Due to the potential avalanche hazard, special regulations are appropriate within the district. (Ord. 2015-02, 4-20-2015)

The Avalanche Overlay Zoning District is established as a zoning overlay district for the following purposes:

   A.   To identify those areas within the City where, after due investigation and study, moderate or high avalanche potential is found to exist;

   B.   To give notice to the public of those areas within the City where such avalanche potential has been found to exist;

   C.   To minimize health and safety hazards, disruption of commerce and extraordinary public expenditures; and

   D.   To promote the general public health, safety and welfare. (Ord. 2015-02, 4-20-2015)

The Avalanche Overlay Zoning District boundaries shall be an "overlay district", and those areas within the City subject to potential moderate or high avalanche danger are hereby included within said district. The Avalanche Overlay Zoning District shall consist of two (2) subzone designation areas: the High (Red) Avalanche Zone and the Moderate (Blue) Avalanche Zone, as delineated by site specific scientific investigation and study. (Ord. 2015-02, 4-20-2015)

As an "overlay district", the additional restrictions and requirements of the Avalanche Overlay Zoning District shall apply to all parcels of real property located in the district. If any of the regulations specified in this chapter differ from corresponding regulations specified for a district within which the Avalanche Overlay Zoning District is combined, the regulations contained in this chapter shall apply and govern. (Ord. 2015-02, 4-20-2015)

The following restrictions are imposed upon construction, development and use of all real property located within the Avalanche Overlay Zoning District:

   A.   No residential buildings or dwelling units shall be constructed or placed within the Avalanche Overlay Zoning District, however, accessory uses (other than accessory dwelling units) are permitted within the district.

   B.   All utilities installed after the effective date hereof for development of a subdivision or providing utility services to a building, or replacing existing utility services to a building or subdivision shall be installed underground in order to minimize possible avalanche damage to such utilities and injury to persons and property.

   C.   Avalanche protective, deflective and preventative structures, devices or earthwork which threaten to deflect avalanches toward property of others or otherwise threaten to increase the danger to persons or property are prohibited. The construction of such structures, devices or earthwork shall be permitted only as a conditional use. Prior to the granting of a conditional use permit, the applicant shall submit to the City plans signed by an engineer licensed in the State of Idaho, certifying that the proposed construction will withstand the avalanche forces set forth in the avalanche studies on file with the City and that the proposed construction will not deflect avalanches toward the property of others. Other information and engineering studies may be requested in consideration of an application for a conditional use permit. As a further condition of any conditional use permit, appropriate landscaping may be required where such structures, devices or earthwork alter the natural slope or beauty of the land. This shall not apply to reforestation. Alteration or removal of any existing natural barriers is prohibited.

   D.   There shall be no further subdivision of any property, including lot splits, which would result in the creation of a lot or building envelope, in whole or part, within the Avalanche Overlay Zoning District, unless a lot can be created in which the building envelope conforms to all other provisions of this chapter and is located entirely outside of the Avalanche Overlay Zoning District.

   E.   All subdivision plats shall identify and designate each lot and block, or portions thereof, located within the Avalanche Overlay Zoning District, together with applicable subzone designation by a stamp or writing in a manner providing reasonable notice to interested parties.

   F.   During periods of avalanche danger, City services may be suspended or otherwise not be provided to property within the Avalanche Overlay Zoning District; nor shall the City accept responsibility for or guarantee that such services, rescue efforts or emergency services will be provided during periods of avalanche danger. (Ord. 2015-02, 4-20-2015)

Avalanches occur naturally, suddenly and unpredictably based upon steepness of slope and runout area, exposure, snowpack composition, wind, temperature, rate of snowfall and other little understood interacting factors. The Avalanche Overlay Zoning District designated in this chapter is considered reasonable for regulatory purposes and is based upon and limited by the engineering and scientific methods of study. This chapter does not represent or imply that areas outside the Avalanche Overlay Zoning District are free from avalanches or avalanche danger. The fact that the City has not prohibited all development, construction or use of real property within the Avalanche Overlay Zoning District does not constitute a representation, guarantee or warranty of any kind as to the safety of any construction, use or occupancy. The granting of any permit or approval for any structure or use, or the declaration or failure to declare the existence of an avalanche hazard shall not constitute a representation, guarantee or warranty of any kind or nature by the City, or any official or employee, of the practicality or safety of any construction, use or occupancy thereof, and shall create no liability upon or cause of action against the City, or its officials or employees, for any injury, loss or damage that may result. (Ord. 2015-02, 4-20-2015)