Council City Zoning Code
CHAPTER 1
GENERAL REGULATIONS
10-1-1: TITLE:
This title shall be known as the Zoning Regulations of the City of Council, Idaho. (Ord. 536, 6-10-2025)
10-1-2: PURPOSE AND INTENT:
A. Purpose: The purposes of this title shall be to:
1. Carry out the intent and purposes of the “local land use planning act”, Idaho Code section 67-6501 et seq., as amended;
2. Carry out the policies of the comprehensive plan by classifying and regulating the uses of property and structures within the incorporated areas of the city;
3. Establish districts within the city in accordance with the adopted comprehensive plan, in conformance with Idaho Code section 67-6511;
4. Provide standards for the orderly growth and development of the city. As required by Idaho Code section 67-6511, such standards include, but are not limited to, those regulating:
a. The height, number of stories, size, design, construction, reconstruction, alteration, repair or location of structures.
b. Size, minimum lot dimensions, landscape buffers, size of required yards and density of residential properties.
c. The use of structures and property;
5. Ensure the most appropriate use of properties;
6. Protect property rights and enhance property values;
7. Provide a method of administration and prescribe penalties for the violations of regulations hereinafter described as authorized by the constitution and laws of the state; and
8. Protect and promote health, safety and the general welfare.
B. Intent: The city council hereby declares that it is the intent of the council that this title does not repeal any existing laws regarding fire protection, building codes, health and sanitation, or other general nuisance or any other laws. (Ord. 536, 6-10-2025)
10-1-3: SCOPE AND CONTENT:
This title shall consist of the text adopted by ordinance, as amended from time to time, and the official zoning maps, as amended from time to time. Copies are available for review at the Council City Hall or on the City’s website. This title and each and all of its terms are to be read and interpreted in light of the designations of the official zoning maps. (Ord. 536, 6-10-2025)
10-1-4: APPLICABILITY:
The regulations of this title shall apply and govern development and use of all properties within the corporate limits of the city and outside the city limits and within the city area of impact for which annexation has been requested, or as otherwise permitted through written agreement with Adams County.
A. No person or public agency shall construct, alter, move or change the use of, or occupy a structure or undertake any development unless:
1. The proposed use, structure or division of property complies with this title.
2. Any required approval is first obtained as provided by this code, and any applicable conditions of approval are met.
B. Nothing in this title shall eliminate the need for obtaining any other required permits, including, but not limited to, building permits, plumbing, electrical or mechanical permits, grading permits, or any permit, approval or entitlement required by other titles of this code, other political subdivisions of the state, or agencies of the state.
C. All properties within the city corporate limits shall comply with the regulations of this title unless otherwise preempted by federal statute or local law statutory ordinance.
D. The prosecution of violations that occurred under previous land use regulations and that remain a violation under this title shall continue until resolved.
E. Applications pending as of the effective date of this title:
1. Project With Pending Application: All applications shall be processed according to the regulations and requirements in effect as of the date the zoning administrator accepted the application.
2. Approved Project With Pending Request For Time Extension: Time extension requests shall be consistent with the requirements that are in effect when the original application was approved.
3. Approved Project Not Yet Completed: Any approved application may still be completed as provided by the approval. (Ord. 536, 6-10-2025)
10-1-5: REFERENCES:
References in this title to other ordinances or codes of the city and statutes of the state are provided solely for the coordination of this title with such other ordinances and statutes. Any amendments to cited codes that are adopted subsequent to the adoption of this title shall be applicable to this title. (Ord. 536, 6-10-2025)
10-1-6: PRESERVATION OF PRIVATE PROPERTY RIGHTS:
A. This title shall be interpreted to equally protect citizens from the undue encroachment on their private property by their neighbors’ uses of their private property and equally protect each citizen’s right to use their property without creating undue burden upon their neighbors.
B. In the administration of this title, every person shall be secure in their premises, and no employee of the city shall enter upon or search any of the premises of any citizen without statutory authority or order issued by a court of proper jurisdiction.
C. Every citizen of the city shall have the right to appear in person or be represented by their agent before the city council in the proper order of business to appeal a decision pursuant to the procedures contained in this title.
D. In the enforcement of this title, it shall be deemed to apply equally to each citizen and each property in similar circumstances, and shall not be enforced to discriminate between one individual and/or another individual or other group as compared to all others. (Ord. 536, 6-10-2025)
10-1-7: AMENDMENTS TO TITLE:
The city council may amend the boundaries of the zoning districts or any portion of this title in accordance with the notice provisions of Idaho Code sections 67-6509 and 67-6511, as they now exist or hereafter are amended, changed or replaced. (Ord. 536, 6-10-2025)