The following provisions shall be subject to the general regulations of this Title and to the special provisions and exceptions in this and the following Sections so as to secure the intent of this Title. In all cases of administration and enforcement of this Title for which no specific provisions are made in this Section and other provisions herein, the City Council shall provide for the same by order, resolution or adoption of a rule, regulation or by-law, which provision shall be in accord with and consistent with the objections and standards of this Title. (Ord. 232, 4-14-2010)

Any single lot or parcel of land, held in one ownership, which was of record and a legal lot at the time of adoption of this Title, but does not meet the requirements of the zone in which it is located for minimum lot width or area, may be utilized for a permitted use if all other requirements of this Title are met. (Ord. 232, 4-14-2010)

An accessory use, as defined and regulated herein, is permitted in any zone where the principal use to which it is an accessory is permitted. (Ord. 232, 4-14-2010)

No tower, gable, spire or similar structure shall be used for sleeping or eating quarters, or for any commercial purposes other than such as incidental to the main use. (Ord. 232, 4-14-2010)

   A.   Such uses shall be limited to two (2) stories in height and shall not encroach upon required setback areas in commercial and industrial zones.

   B.   Cornices, canopies, eaves or other projections which do not increase the volume of the space enclosed by the building and do not project into any required yard more than two (2) feet; provided that an unroofed stair and landing together with a railing may project not more than three (3) feet into a front yard or six (6) feet into the rear.

   C.   Chimney, not more than eight (8) feet in width and projecting more than twenty-four (24) inches.

   D.   Driveways. (Ord. 232, 4-14-2010)

The following shall be permitted in rear yards:

   A.   Unroofed balcony in rear yard, provided that no such balcony shall project more than four-feet (4') into such yard.

   B.   Back Yard composting as defined in Chapter 2 - Definitions). (Ord. 232, 4-14-2010)

All streets, alleys, railroad rights-of-way, canal rights-of-way and other public ways, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets, public ways, waterways and railroad rights-of-way. (Ord. 232, 4-14-2010)

This Title shall not limit or interfere with the temporary use of any property as a public voting place, or with the construction, installation or operation of the following by any public agency or private corporation, when such construction is otherwise in conformity with all Federal, State, County and City regulations.

   A.   Public street or highway.

   B.   Poles, towers, wires, cables, conduits, vaults, laterals, pipes, mains, wells, valves or any other similar distributing and transmitting equipment for telephone or other communications, electric power, gas, water and sewer lines, provided that the installation shall conform when applicable with the rules and regulations of any Federal or State commissions and agencies, or any other authorities having jurisdiction and subject to other City ordinance provisions, rules and regulations; except that poles, towers, or similar installations of a height of seventy feet (70') or greater are subject to 9-7-04. Electrical substations are considered a major utility facility and are subject to the requirements of this Title.

   C.   Railroad right-of-way, excluding yards and stations.

   D.   Incidental appurtenances to any of the above. (Ord. 232, 4-14-2010

   A.   A legal nonconforming structure is one that was in compliance with all land use and building code requirements at the time it was constructed, or that was constructed or established before land use regulations were enacted, but does not conform to the structure requirements of the current land use codes of the City of Horseshoe Bend. It is the policy of City of Horseshoe Bend to encourage maintenance and continued vitality of existing legal nonconforming structures until a change of land use is undertaken by the owner in conformance with requirements of the Zoning Ordinance.

   B.   Any legal nonconforming permanent structure may continue to be used and maintained as otherwise allowed by this Title. A nonconforming structure shall not be enlarged in area in any way that increases its non-conformity. A structure used to house a non-conforming nonresidential use may be enlarged by up to ten percent (10%) of its square footage so long as any such enlargement does not increase the non-conformity of any setbacks or building bulk regulations.

   C.   A damaged or destroyed legal nonconforming structure may be repaired or reconstructed provided that the extent of the previously existing nonconformance is not increased.

   D.   Any structure legally built prior to the adoption of land use regulations within a currently required yard setback area shall be deemed a legal non-conforming structure and the nonconforming dimension shall not be expanded by additional construction, unless otherwise qualifying for a variance. (Ord. 232, 4-14-2010)

All existing uses of land that are not permitted uses in the zoning district in which such use is being conducted, and all uses which, if presently initiated, would require a conditional use permit, and which do not have a conditional use permit, are deemed legal nonconforming uses. Legal nonconforming uses shall not be expanded or extended in any way, except as otherwise expressly allowed by this Title. A legal nonconforming use shall not be changed except to a use that complies with the regulations of the zoning district in which the subject property lies or to diminish its non-conformity. (Ord. 232, 4-14-2010)

   A.   All existing platted subdivision lots that do not meet the minimum lot area and dimension standards of the district within which they are located are hereby deemed nonconforming lots. Any lot that was legally created prior to November 15, 1995 may be used in conformance with the uses permitted by the zoning district with in which it is located, provided that all yard and setback requirements are met. If lot area is deficient in a residential zone by no more than fifty percent (50%), any such non-conforming lot may be used only for construction of a detached single-family dwelling. Undeveloped, nonconforming lots of at least fifty percent (50%) of the minimum required lot area may be used and have a single-family structure erected upon them.

   B.   Notwithstanding the foregoing, if any such lot is contiguous to one or more lots of common ownership and any combination of such lots will meet the area or dimension standards of this title, such lots shall be considered to be an undivided parcel for the purposes of this Title. Accordingly, the separate lots shall be treated as a single parcel concerning the issuance of a building permit for any residential construction on the lot, or contiguous commonly owned lots where this condition exists. No nonconforming or conforming lot shall be reduced in area or dimensions if such reduction would result in a greater degree of nonconformity. In the least dense residential district in City of Horseshoe Bend, any lot with an area less than the minimum required for the least dense residential district may only be developed to the minimum residential use allowed in the zone. Any lot in any (Residential District) that has an area less than the minimum square footage desired, but at least fifty percent (50%) of the minimum area, unless it adjoins one or more substandard lots held in common ownership, may only be developed with a single-family dwelling unit.

   C.   The Administrator is authorized to take such steps as are necessary, including civil or criminal litigation, to abate, penalize or prevent the use of any unlawful structure, lot or use. (Ord. 232, 4-14-2010)

Any use or structure lawfully occupying a building or land at the effective date of this Title or subsequent amendments thereto or at any time of annexation or rezone, which does not conform with the regulations of the zone in which it is located shall be deemed a nonconforming use and may continue to operate as it did prior to the adoption of the Title. A nonconforming use shall exist if the owner or developer of such use has lawfully, in reliance on existing laws, ordinances or permits, made substantial expenditures or otherwise committed him or herself, to a substantial disadvantage, before the law, ordinance or permit is changed. Substantial shall be measured by consideration of all factors evidencing a change in position.

The right to maintain a nonconforming use runs with the land and is not terminated by a change in ownership, provided the nonconforming use is not enlarged, expanded or altered.

   A.   Preexisting Use: Any use lawfully occupying a building or land on the effective date hereof, or of subsequent amendments thereto, which does not conform to the regulations for the zone in which it is located shall be deemed to be a nonconforming use and may be continued. Maintenance and minor repairs necessary to keep a nonconforming use in sound condition during such continuance shall be permitted.

   B.   Enlargement: A nonconforming building may be enlarged or extended only if thereafter the entire building is devoted to a conforming use.

   C.   Alterations: No building partially occupied by a nonconforming use shall be altered in such a way to permit the enlargement or expansion of the space occupied by such nonconforming use.

   D.   Use Enlarged or Extended: No nonconforming use may be enlarged or extended in such a way as to occupy any required open space, or any land beyond the boundaries of the lot on which it existed on the effective date hereof, nor may any such nonconforming use displace any conforming use in the same building or on the same parcel.

   E.   Destruction: Any nonconforming building destroyed by fire or other calamity to an extent of fifty percent (50%) or more of the appraised value immediately prior to such destruction may not be restored unless such restoration shall make the building a conforming building and any intended use shall be a conforming use; provided however, that nothing in this Title shall be construed to prevent the restoration and the resumption of former lawful use of any building that is damaged or partially destroyed by fire, or other calamity, to the extent of less than fifty percent (50%), provided that such restoration is started within one calendar year and diligently prosecuted to completion. (Ord. 232, 4-14-2010)

A Legal Nonconforming Use may be established upon application through the Administrative Level review process outlined in Section 9-4-08.1, subject to review of verification documentation submitted by the applicant. Following is a list of some, but not all, types of documentation which are accepted as verification of a Legal Nonconforming Use (Grandfather Right):

   A.   Documentation:

      1.   Rental property receipts showing dates of use, directories,

      2.   Utility bills, etc.

      3.   Business receipts showing types of the service or goods provided, dated phone directories, etc.

      4.   Statements from utilities, such as power, water, or gas, which indicate date and type of use, i.e. commercial, multi-family residential, etc.

      5.   Licenses such as beer, liquor, retail, or professional occupation showing dates of use.

      6.   Notarized statements from neighbors who have observed the nonconforming use over the required time period.

   B.   Procedures: Every application for a Certificate of Legal Nonconforming Use shall be deemed to be an application for a Zoning Certificate. The Zoning Administrator must review the verifying documentation submitted and make a determination of approval or denial of the application within (15) calendar days of receipt of application and will submit the findings and conclusions in writing to the applicant. The decision of the Zoning Administrator may be appealed by the applicant, or any affected person, within ten (10) calendar days of the date of the approval or denial in accordance with Chapter 4 of this title. (Ord. 232, 4-14-2010)

Whenever a nonconforming use of land or building has discontinued for a continuous period of (6) months, or in case a building originally designed for a commercial or industrial use for a continuous period of one year; or whenever there is otherwise evident a clear intent on the part of the owner to abandon a nonconforming uses, such use shall not thereafter be reestablished, and the use of the premises thereafter shall be in conformity with the regulations for the zone. Any nonconforming use which is illegally expanded shall lose its nonconforming status. (Ord. 232, 4-14-2010)

Expansion to conditional uses or legal nonconforming uses which do not exceed twenty (20) per cent of the existing facility (based on square footage, or other dimensional measure), or other minor changes to such uses, may be allowed with approval by staff. Expansions to such uses, which exceed twenty (20) per cent or which cannot be considered minor, shall be reviewed by the City Council as a conditional use permit, also subject to the findings below:

   A.   That the proposed conversion, restoration, enlargement or expansion will not alter the zoning classification of the nonconforming uses;

   B.   That the proposed conversion, restoration, enlargement or expansion conforms to all existing requirements of the Horseshoe Bend Zoning Ordinance;

   C.   That the proposed conversion, restoration, enlargement or expansion will not place an undue burden on existing transportation and service facilities in the vicinity.

   D.   That the proposed enlargement or expansion is not inimical to the best interest of the surrounding neighborhood. (Ord. 232, 4-14-2010)

A nonconforming mobile home in any residential zone may be enlarged or replaced provided that the Zoning Administrator shall make the following findings and issue a Zoning Certificate:

   A.   Such enlargement or replacement meets all current Idaho and Federal construction codes for mobile homes.

   B.   All setbacks and other regulations as required in the zone in which the mobile home is located are adhered to.

   C.   Hook-up to City sewer and water is required.

   D.   Home and property are under single ownership. (Ord. 232, 4-14-2010)

A nonconforming use may be converted to a use that is allowable within the zoning classification applicable to the nonconforming use after issuance of a Zoning Certificate as provided in Section 6-01 of this Title. (Ord. 232, 4-14-2010)

All streets, alleys, railroad right-of-way, canal rights-of-way and other public ways, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets, public ways, waterways and railroad rights-of way.

This Title shall not limit or interfere with the temporary use of any property as a public voting place, or with the construction, installation or operation of the following by any public agency or private corporation, when such construction is otherwise in conformity with all Federal, State, County and City regulations.

   A.   Public street or highway.

   B.   Pole, towers, wires, cables, conduits, vaults, laterals, pipes, mains, wells, valves or any other similar distribution and transmission equipment for telephone or other communication, electric power, gas, water and sewer lines, provided that the installation shall conform, when applicable, with the rules and regulations of any Federal or State commissions and agencies, or any other authorities having jurisdiction and subject to other City ordinance provisions, rules and regulations; except poles, towers, or similar installations of height of seventy feet (70') or greater are subject to Section 7-04. Electrical substations are considered a major utility facility and subject to the requirements of this Title.

   C.   Railroad right-of-way, excluding yards and stations.

   D.   Incidental appurtenances to any of the above. (Ord. 232, 4-14-2010)

   A.   No fence, wall, berm, shrubbery, or hedge shall unreasonably obstruct or interfere with traffic visibility. Fences, walls, berms, shrubbery and hedges are permitted in any required yard or along the edge of any yard to a height of six feet (6'). Provided, that no fence, wall, berm, shrubbery, or hedge which obstructs sight-lines at elevations between three feet and ten feet (3' - 10') shall be placed or permitted to remain on any lot within twenty-five feet (25') of the intersection of a lot line and a street right-of-way line. The same sight-line limitations shall apply to corner lots within the side yard area adjacent to the street which intersects the street upon which the building fronts. No tree shall be permitted to remain within said restricted sight-line areas unless the foliage line is kept clear between the elevations described above. In any required front yard, no fence, wall, berm, shrubbery, or hedge shall be permitted which materially impedes vision across such yard between the height of three feet and ten feet (3' - 10').

   B.   No fence or wall shall be constructed or installed in any zone without the review and approval of such by the Zoning Administrator. An administrative application shall be submitted to determine compliance with the following approval criteria.

   C.   Electric fences are prohibited within the corporate limits of the City of Horseshoe Bend.

   D.   Barbed wire may be permitted in commercial and industrial zones only when used as the top section for security fences. Any barbed wire forming part of a security fence shall be a minimum of seventy-two (72) inches above grade. Public correctional or penal facilities are exempted from this limitation.

   E.   For the purposes of this section, walls lattice work and screens shall be considered to be fences and shall be built and maintained in compliance with the provisions thereof.

   F.   The use of boxes, sheet metal, old or decayed wood, broken masonry blocks or other like unsightly materials for fencing is hereby prohibited.

   G.   Upon and within lots in all residential Zones for dwelling units:

      1.   Interior lots: Solid or closed non-vision fences to a height of thirty-six (36) inches, or open-vision type fences to a height of forty-eight (48) inches, may be built from the front yard setback to and including the front property line. Fences to a height of seventy-two (72) inches may be built from the front yard setback to and including the rear property line.

      2.   Corner lots:

         a.   Any fence, wall or planting on or within the clear vision triangle shall be limited to thirty-six (36) inches in height measured from the crown of the street.

         b.   Solid or closed non-vision fences to a height of thirty-six (36) inches or open vision type fences to a height of forty-eight (48) inches, may be built along the front property line and along the side property line to the front yard setback, except that a fence of seventy-two (72) inches in height may be built upon street and side property lines from the front yard setback to and across the rear property line provided that no fence which exceeds thirty-six (36) inches in height may be erected in the clear vision triangle.

         c.   Concrete and masonry walls of any height, and fences over six feet (6') tall must also be approved by the Building Department. (Ord. 232, 4-14-2010)

The placement of micro-pathways is intended to encourage non-motorized forms of travel, and to provide safe, convenient and aesthetic alternative travel routes to common destinations such as schools, parks and shopping areas. These may be provided with approval of the City Council. (Ord. 232, 4-14-2010)

Wherever the regulations made under the authority of this Title require a greater width or size of yards or courts, are more restrictive as to height of building or permit a less number of stories, or require a greater percentage of lot to be left unoccupied, or impose standards which are more restrictive than are required by any other City Ordinance or regulation, the provisions of this Title shall govern. (Ord. 232, 4-14-2010)