This chapter shall be cited as the "City of Horseshoe Bend Zoning Ordinance." (Ord. 232, 4-14-2010)

The purposes of this Zoning Ordinance are, consistent with the policies of the Comprehensive Plan, to separate, to the extent possible, land uses that might be incompatible with one another and to endeavor to assure public services sufficient to support land uses that are allowed. The purposes must be implemented in the community as it exists, rather than “on a clean slate.” Changes of zoning and methods chosen for implementation should fulfill the purposes stated above and the policies set forth in the Comprehensive Plan. (Ord. 232, 4-14-2010)

This Title is enacted pursuant to authority granted by Chapter 65, Title 67, Idaho Code (Local Land Use Planning Act); Chapter 13, Title 50, Idaho Code (Plats and Vacations); and Article 12, Section 2 of the Idaho Constitution as currently comprised or as subsequently amended. (Ord. 232, 4-14-2010)

This title shall apply, to the extent permitted by law, to all land and the use thereof, within the jurisdictional boundaries of the City of Horseshoe Bend. Lands owned by the government of the United States of America shall be governed hereby only to the extent provided by Federal law. Lands owned by the State of Idaho shall be governed hereby to the extent allowed by state law. (Ord. 232, 4-14-2010)

In their interpretation and application, the provisions of this title shall be held to be minimum requirements adopted for the promotion of the public health, safety and general welfare. Whenever the requirements of this title conflict with the express requirements of any other locally adopted ordinance, the ordinance providing the greatest measure of protection for the public health, safety and general welfare shall prevail.

In their interpretation and application, the provisions of this title shall be held to be minimum requirements adopted for the promotion of the public health, safety and general welfare. Whenever the requirements of this title conflict with the express requirements of any other locally adopted ordinance, the ordinance providing the greatest measure of protection for the public health, safety and general welfare shall prevail. (Ord. 232, 4-14-2010)

   A.   It shall be unlawful for any building or structure to be moved, erected, remodeled, altered, enlarged, or rebuilt within the City of Horseshoe Bend contrary to the provisions of this Title.

   B.   It shall be unlawful for any yard, open space, building, structure or land to be used for any purpose not permitted by this Title, unless such use has been lawfully established prior to enactment of this Title.

   C.   Any use not permitted by the provisions of this Title is prohibited. (Ord. 232, 4-14-2010)

Any building or structure for which a building permit has been lawfully issued or for which a completed application has been accepted prior to the effective date of this Title may be completed and used in accordance with the plans, specifications, and permits on which said building permit was granted, if construction is commenced and inspections are requested within one hundred-eighty (180) days after the issuance of said permit, and if construction is diligently pursued to completion. (Ord. 232, 4-14-2010)

It is unlawful to occupy or use any building or premises, or part of building or premises created, erected, changed, converted, wholly or partly altered, or enlarged in its use or structure until a certificate of occupancy and a certificate of zoning compliance has been issued. The City Clerk may issue a temporary certificate of occupancy for a period of time, not exceeding nine (9) months, to allow for completion of weather-dependent work or improvements. Certificates of occupancy or certificates of zoning compliance issued on the basis of plans and applications approved by the Zoning Administrator or designee authorize only the use and/or arrangement set forth in such approved plans and applications or amendments, and not other uses or arrangements. The City Clerk shall maintain records of certificates of occupancy and certificates of zoning compliance. (Ord. 232, 4-14-2010)

An application for a permit governed by this Title shall address the information necessary to determine compliance with this Title and other applicable provisions of law. The Zoning Administrator is authorized to establish administrative procedures, develop application forms and administer the permitting process as necessary to demonstrate compliance with this Title and applicable provisions of state law. (Ord. 232, 4-14-2010)

For the purpose of this CHAPTER, certain terms or words used herein shall be interpreted as follows:

   A.   The word "Person" includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual.

   B.   The present tense includes the future tense, the singular number includes the plural and the plural number includes the singular.

   C.   The word "shall" is a mandatory requirement, the word "may" is a permissive requirement and the word "should" is a preferred requirement.

   D.   The words "used" or "occupied" include the words "intended, designed or arranged to be used or occupied".

   E.   The word "lot" includes the words "plot", "parcel" and “tract.” (Ord. 232, 4-14-2010)

Provided that the context does not give rise to practical difficulties, interpretations of certain Zoning Ordinance language and certain standards will usually be applied in the following manner:

   A.   Buildings Across Parcel Description Lines: Provided legal and contiguous parcels of record are owned by the same property owner(s), building(s) that have been developed across property lines shall merge the properties into one parcel for the determination of zoning standards.

   B.   Fences and Wall Height Measurement: Maximum fence and wall height shall be measured from the finished grade at the property line. That portion of a wall or fence functioning as a retaining wall shall not be counted in determining overall fence or wall height.

   C.   Yard Orientation on Through Lots: On through lots, where public road frontage at both ends exists, either line may be designated by the Zoning Administrator as the front yard; however, the predominate orientation of existing structures and the presence of street access limitations on that block shall determine the front of the structure.

   D.   Setback Encroachments: Setbacks shall not be less than the minimum dimension specified in the specific section, except as follows:

      1.   Cornices, canopies, eaves, or other similar architectural features not providing additional floor space within the building may extend into a required side, front or rear yard setback no more than three feet (3').

      2.   Setbacks will be measured from the property line to the foundation of the structure.

      3.   A minimum of five feet (5') separation is required between adjacent building overhangs, canopies, etc.

      4.   Paved, uncovered parking is generally allowed in setback areas, unless other restrictions provide to the contrary.

   F.   Interpretation of District Boundaries: Where uncertainty exists with respect to the boundaries of any zoning district as shown on the Official Zoning Map, the following shall apply:

      1.   Where zone boundaries are indicated as approximately following the centerline of street or highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary. Where the zoning boundary follows a railroad right-of-way, such boundary shall be deemed to be located in the center of the right-of-way, unless otherwise clearly designated.

      2.   Where zone boundaries approximately follow lot lines, such lot lines shall be construed to be the boundaries.

      3.   Where zone boundaries are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such zone boundaries shall be construed as being parallel thereto and at such distance there from as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map. (Ord. 232, 4-14-2010)

If any provision of this Title or the application to any persons or circumstances is held invalid, the remainder of the ordinance or the application or provision to other persons or circumstances shall not be affected thereby. (Ord. 232, 4-14-2010)

The enactment of this chapter shall not terminate or otherwise affect rights, variances and permits acquired or authorized under the provisions of any section hereby revised or repealed. Where a building permit has been issued for the construction of a building or structure, and for an authorized use and occupancy thereof, in accordance with the law prior to the effective date of this revised chapter, said building or structure may be in conformance with the approved plans and on the basis for which they said building permit was issued, provided construction of said building or structure is commenced within sixty (60) days of the effective date of the building permit and diligently pursued to completion. Detailed conditional use applications based upon concept plans approved prior to the effective date of this revised ordinance shall be subject to the terms and conditions of this revised chapter. Upon showing an undue hardship, an applicant may be allowed by the City Council to process such detailed conditional use application under the terms and conditions of the previous chapter. (Ord. 232, 4-14-2010)

It is not intended by this Title to impair or interfere with other regulations of State or local law, or with private restrictions on the use of land, improvements and structures. Where this Title imposes greater restriction than that imposed by other law or private restrictions, this chapter shall prevail. The stricter provisions of the zone and other regulating ordinances or codes shall apply in the enforcement of this chapter. (Ord. 232, 4-14-2010)

The Zoning Administrator shall be responsible for the enforcement of the provisions of this Title. (Ord. 232, 4-14-2010)

Any person owning, controlling or managing any building or premises wherein or whereon there shall be placed or there exists anything in violation of the provisions of this chapter, or any person, who shall assist in the commission of any violation of these provisions, or who shall build contrary to the plans and specifications submitted to, and approved by, the governing body or its duly appointed officer(s) or, any person who shall omit, neglect or refuse to do any act required in these provisions, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be subject penalty identified Chapter 13 of this Title. (Ord. 232, 4-14-2010)

   A.   The boundaries of the use Zones shall be established and clearly indicated upon the Zoning Map adopted and made a part of this chapter by reference. Public hearings shall be held by the governing body before establishment and approval of said zones or prior to any future changes. Said Zoning Map shall be and remain on file in the office of the City Clerk. Zoning maps and zoning information for specific parcels or lots may be obtained from the City Clerk's office.

   B.   All amendments of the Official Zoning Map shall follow the procedure set forth in Section 9-7-02.

   C.   Areas are to be classified according to the established use Zones and such zoning shall give due consideration as to conformity with an adopted comprehensive plan and its stated goals and objectives where these exist. (Ord. 232, 4-14-2010)