Use zones have been formulated to realize the general purposes as set forth in this title and to conform to the stated goals and objectives of the plan. This chapter includes specific definitions, purposes, and uses for each zone, as they may vary from one zone to another. Use zones are:

 

(Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

   A.   Agricultural/Natural Resource (A/NR): The purpose of the A/NR Zone is to provide for the protection and orderly development of the County's natural resources which include, in addition to known and unknown mineral deposits, timber, wind, agricultural lands, watershed, recreation, and scenic areas and wildlife habitat that have:

      1.   Tracts or parcels adequate for immediate use and future growth.

      2.   Sufficient location away from urban areas to minimize effects on neighboring uses.

      3.   Accessibility to adequate utilities.

      4.   Compatibility with adjacent uses.

      5.   Adequate service by roadways.

   B.   Agricultural (A): The purpose of the A Zone is to preserve and protect the decreasing supply of agricultural land. This zone also is established to control the infiltration of urban development into agricultural areas which will adversely affect agricultural operations in order to:

      1.   Allow productive agricultural land areas to be protected.

      2.   Promote the public health, safety, and welfare by encouraging the protection of viable farm land, in accordance with the Comprehensive Plan, to encourage urban density development inside cities and in areas of City impact; and to protect fish, wildlife, and recreation resources, consistent with the purposes of the Local Land Use Planning Act, Idaho Code section 67-6501 et seq., as amended.

      3.   Protect agricultural and range land uses and wildlife management areas from unreasonable adverse impacts from adjacent development.

   C.   Residential/Agricultural (R/A): The purpose of the R/A Zone is to permit the establishment of low density single-family dwellings with lot sizes sufficient for individual sewer and water facilities that have:

      1.   Suitability of parcel for agricultural purposes.

      2.   Proximity to existing areas of similar population density.

      3.   Lot size compatible with existing lot sizes in the immediate area.

      4.   Compatible with the existing uses in the immediate area.

      5.   Protection from incompatible uses.

      6.   Accessibility to adequate utilities.

      7.   Adequate service by roadways.

   D.   Residential (R): The purpose of the R Zone is to preserve desirable residential neighborhood characteristics and to prevent overcrowding of the land while encouraging the development of areas which are best suited for residential purposes that have:

      1.   Close proximity to existing Town sites or which are contiguous to another R or R/A Zone.

      2.   Lot size compatible with existing lot sizes in immediate vicinity.

      3.   Accessibility of Municipal services or the possibility of extension of services in the foreseeable future.

      4.   Compatibility with existing uses in the immediate vicinity.

      5.   Protection from incompatible uses.

      6.   Adequate service by roadways.

   E.   Light Commercial (C1): The purpose of the C1 Zone is to permit the location of businesses, offices and service establishments near or convenient to residential areas to encourage community shopping of a primarily retail nature with:

      1.   Accessibility to an area sufficiently populated to provide for necessary purchasing power.

      2.   Adequate service by major roadways.

      3.   Locations which minimizes potential traffic problems.

      4.   Compatibility with existing uses.

   F.   Heavy Commercial (C2): The purpose of the C2 Zone is to provide for the development of businesses and service establishments which are incompatible in community shopping areas. This zone requires relatively large size lots and easy highway access and should be removed from residential areas with:

      1.   Adequate service by major roadways.

      2.   Location that minimizes potential traffic problems.

      3.   Compatibility with existing uses.

      4.   Protection from encroachment of residential uses.

      5.   Accessibility to adequate utilities.

   G.   Light Manufacturing (M1): The purpose of the M1 Zone is to encourage the development of manufacturing establishments which are relatively clean and free of hazardous or objectionable elements and which are generally operated within enclosed structures and generate little industrial traffic. This zone would be kept substantially free from residential and retail commercial activities that are:

      1.   Serviceable by major roadways.

      2.   Located to minimize potential traffic problems.

      3.   Compatible with existing uses.

      4.   Protected from residential uses.

      5.   Accessible to adequate utilities.

      6.   Accessible to rail or air transportation when necessary.

      7.   Protected from incompatible uses.

   H.   Heavy Manufacturing (M2): The purpose of the M2 Zone is to provide for the development of heavy manufacturing. This zone should be located where it will have minimum impact on surrounding land uses, be removed from the residential zones and have ready access to adequate transportation arterials and are:

      1.   Accessible to rail or air transportation when necessary.

      2.   Sufficiently located away from urban areas to minimize environmental effects on neighboring uses.

      3.   Sufficiently located to minimize encroachment on residential or commercial uses.

      4.   Adequately sized for immediate use and future growth.

      5.   Accessible to adequate utilities.

      6.   Location that minimizes potential traffic problems.

   I.   Airport Overlay Zone (AP) Or Airport Influence Area (AIA): The purpose of the AP (Airport Overlay) Zone is to provide zoning protection to the present and long term use of airports and airport facilities. Uses within the AP Zone are generally associated with airport related activities, open space and agricultural uses which are harmonious with the use of airports. The AP Zone is superimposed over other zones with the following additional requirements:

      1.   The AP Overlay Zone is a rectangular area that limits the heights of any structure around the airport extended from the primary surface at a ratio of twenty feet (20') outward for each foot upward extending to a horizontal distance of two thousand feet (2,000') along the extended runway centerline. This zone may be delineated on the Official Zoning Map.

      2.   All developments in the AP Zone shall meet the requirements of the underlying zone in addition to Idaho Code title 21, chapter 5.

      3.   The object height limits and restrictions established by the Federal Aviation Administration pursuant to title 14 CFR part 77 shall be imposed relative to the existing primary surface, as well as any extended primary surface shown on the Airport Master Plan. Height limitations shall be calculated with the assistance of the currently adopted contour and elevation map.

      4.   If any of the regulations specified in this section differ from other regulations in this title, then the regulations of this section shall govern.

      5.   The granting of a conditional use permit for a use in the AP Zone shall not constitute a representation, guarantee, or warranty of any kind or nature by commission or the Board or by any officer or employee thereof of the practicality or safety of any structure or use proposed and shall create no liability upon or cause action against such public body, officer or employee for any damage that may result pursuant thereto.

   J.   Nitrate Priority Overlay Zone (NPO): The purpose of the NPO Zone is to reduce potential nitrate contamination into culinary wells within the area defined by the Idaho Department of Environmental Quality as a nitrate priority area.

      1.   All developments in the NPO Zone shall meet the requirements of the underlying zone.

      2.   All lots created after the implementation of this title of less than five (5) acres shall, prior to issuing any residential building permit, require a letter of notice signed by the property owner acknowledging the potential nitrate hazards and possible mitigating steps that they could take to protect their drinking water.

   K.   Radioactive Material Overlay Zone (RM):

      1.   The purpose of the Radioactive Material Overlay Zone (RM) is to provide sighting areas in the appropriate remote locations where radioactive materials may be stored, treated, transferred and disposed in a safe manner. This overlay zone is designed to protect the environmental quality of the zone and adjoining land. Facilities that are located within the RM Overlay Zone shall be constructed and maintained in accordance with all County, State and Federal regulations.

      2.   The RM Overlay Zone shall be located in areas furthest away from population areas in the County. The RM Overlay Zone shall be identified on the Official Zoning Map of Bingham County.

      3.   All activities relating to storage, treatment, transferring and disposal of radioactive materials must be done only upon strict compliance in accordance with all County, State and Federal regulations. Any storage, treatment, transferring and disposal is prohibited except for: a) wastes regulated by the Toxic Substance Control Act (TSCA) and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA); b) low level or mixed wastes defined as such in 10 CFR 61.55 (Class A, B and C wastes).

      4.   If any of the regulations specified in this section differ from regulations in this chapter, then the regulations of this section shall govern.

      5.   The Board of County Commissioners shall review all applications for radioactive material facilities to assure that they are located within the proper zones and are to be constructed in accordance with proper building codes. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

   A.   The geospatial boundaries of zones shall be established and clearly indicated upon the Official Zoning Map(s) adopted as part of this title.

   B.   All amendments of the Official Zoning Map(s) shall follow the procedures set forth in chapter 15 of this title. All zone changes shall be entered on the Official Zoning Map only after final Board approval.

   C.   Areas are to be classified according to the established zoning requirements and such zoning shall give due consideration as to conformity with the adopted Comprehensive Plan and its stated goals and objectives. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

The boundaries of the use zones are shown on the Official Bingham County Zoning Map that is adopted as part of this title. Whenever possible, zone boundaries are as depicted on the Official Zoning Map; however, where uncertainly exists, the following shall apply:

   A.   Where zone boundaries are indicated as approximately following the centerlines of streets, highway rights-of-way, streams, canals, or other bodies of water, the centerline shall be construed to be such boundary.

   B.   Where zone boundaries are indicated as approximately following lot lines or land survey lines, such lot lines and land survey lines shall be construed to be said boundaries.

   C.   Where zone boundaries are indicated as approximately parallel to the centerlines or street lines of streets or the centerlines or right-of-way lines of highways, such boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by use of the scale shown on the Official Zoning Map.

   D.   Where zone boundaries are indicated as approximately the canal, natural stream or watercourses, railroad lines, or other clearly defined natural features, the centerline of said canal, stream, watercourse, main track of a railroad line, or natural feature shall be construed to be said boundary. In the absence of any street, survey line, canal, natural watercourse, railroad line, natural feature, or measurement, as forming the boundaries of any zone, the scale of measurement shown on the Official Zoning Map shall be used to determine the boundary line.

   E.   Whenever a street is vacated, the land of the vacated street shall have the same use classification as the land adjacent or abutting the land owned on the same side of the centerline of the former street. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)