In order to classify, regulate, restrict, and segregate the uses of lands and buildings from incompatible uses, to allow uses where public infrastructure is sufficient to support such uses, to regulate and restrict the height, bulk and construction of buildings, to regulate the dimensions and area of yards and other open spaces around buildings and uses, to implement the policies of the Comprehensive Plan, and to regulate the intensity of land use and the density of residences, the zoning districts set forth herein are established and shall be applied as depicted upon the adopted Official Zoning Map of the jurisdiction. (Ord. 232, 4-14-2010)

The regulations for each district set forth by this Title are minimum regulations and shall apply to each type of land use, except as otherwise provided. No building, structure or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered except in conformity with the regulations specified in this Title for the zoning district in which it is located. No building or other structure shall be erected or altered to provide for greater height or bulk, accommodate or house a greater number of residential units, or to occupy a greater percentage of lot area than allowed by this Title. No yard area or lot existing at the time of passage of this title shall be reduced in dimension or area below the minimum requirements set forth in this Title. Yards or lots created after the effective date of the ordinance codified in this title shall meet at least the minimum requirements set forth in this Title. Uses and structures lawfully existing on the date of adoption of this Title may continue so long as they are not changed in ways that conflict with provisions of this Title. No aspect of nonconformity may be expanded contrary to the provisions of this Title, except by means of variance or special exception. The uses allowed by zoning districts are exclusive. Only land uses authorized by this ordinance or by administrative application of provisions of this Title may be established in the land use zones depicted on the Official Zoning Map. The descriptions of types of land use zones addressed by this Title are intended to explain, in general terms, how zones will be applied to implement the Comprehensive Plan. The specific entries in the use and bulk and placement matrices are intended to identify specific uses that fit within the general descriptions set forth in this chapter. (Ord. 232, 4-14-2010)

Residential (R) zones are intended to provide a living environment that supports a place for families and individuals to live with limited adverse influence from commercial or industrial activity and to permit other accessory uses that are associated and compatible with residential use. Certain residential zones may be established that allow higher residential densities, and hence higher activity levels, but always with the goal of enjoyment of a residential environment. Residential zones are primarily applied in the areas designated Residential in the Comprehensive Plan. Permitted uses, conditionally permitted uses and lot area and building bulk and placement requirements shall comport with the standards set forth in the zoning matrix contained in this Title. A primary distinction between low density and higher density residential neighborhoods should be the ability of community infrastructure to accommodate higher levels of activity without creating undue congestion, without unduly stressing utility systems that support development and without compromising the quality of public facilities available to provide public service. (Ord. 232, 4-14-2010)

Commercial (C) land use zones are intended to support uses that include retail sales and services for household and traveling consumers by allowing a variety of retail, professional, or service businesses. Businesses involving the manufacture, processing, or fabrication of goods or providing service or repair to commercial products or equipment are not generally permitted unless activities can be conducted within buildings that can thrive in the midst of commercial infrastructure. Commercial zones are to be applied in areas identified by the text and mapping of the Comprehensive Plan as being suitable for commercial business, primarily addressing lands located near arterial and collector streets. Residential uses may be allowed within a commercial zone by conditional use permit when the presence of housing will not compromise present or future commercial uses or when the housing environment within the commercial zone will not be unsuitable for residential occupancy by virtue of congestion, environmental factors or activity levels. Uses permitted by right in the Industrial zone may be conditionally allowed in certain commercial zones by special use permit so long as no industrial activities or processes are conducted outdoors or in a manner that creates adverse environmental effects. (Ord. 232, 4-14-2010)

The Mixed Use (s) (MXU) allows a measure of design flexibility by permitting variation land uses (residential and commercial). (Ord. 232, 4-14-2010)

The Industrial (I) land use zone permits light industrial uses such as warehousing, assembly, processing and light manufacturing as permitted uses and conditionally allows heavy industrial uses such as fabrication, manufacturing, refining and processes that produce external effects such as noise, emissions, and outside activities by special use permit. The Industrial zone is primarily applied in areas designated suitable for industrial development by the text and future land use map of the Comprehensive Plan. Residential uses may only be established in an Industrial one if subordinate and accessory to a primary industrial use and should be permitted only by special use permit. (Ord. 232, 4-14-2010)

Land uses to be established by public agencies may be permitted in accordance with the use matrix adopted as part of this Title. Any such use shall be subject to provisions of state and federal law. (Ord. 232, 4-14-2010)

The zones established in this Title shall be applied as depicted on the Official Zoning Map which is hereby incorporated into this Title by reference as it exists today or as modified by the text of subsequent amending ordinances. The Administrator shall maintain the Official Zoning Map to reflect changes made by the Governing Board from time to time and shall depict such changes on the Official Zoning Map. Each change shall be documented at the time the map is modified, including reference to the ordinances authorizing changes. A register of such changes including descriptions of the lands affected thereby shall be maintained by the Administrator throughout the duration of the existence of the Official Zoning Map, until it is superseded by a replacement zoning map. (Ord. 232, 4-14-2010)

The regulations for each zone set forth by this chapter shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided. When an original lot or parcel of record has one half (½) or less of its area in a zone more restrictive than the zone which includes the remainder, the Zoning Administrator may permit the regulation of the less restrictive zone to be applied to the entire parcel. In addition to all other regulations as specified in this Title, the following provisions shall be adhered to. (Ord. 232, 4-14-2010)

The location and boundaries of the zoning or land uses zones established herein are shown upon the map or maps entitled "Zoning Map, Horseshoe Bend, Idaho" which is hereby incorporated into and made part of this Title by reference. The original copy of said map or maps shall be filed with the City Clerk. The Zoning Map or Maps, together with all notations, reference and other information shown thereon, and all amendments thereto, are a part of this Title and shall have the same force and effect as if said map or maps are fully set forth and described herein. (Ord. 232, 4-14-2010)

Wherever any uncertainty exists as to the boundary of any Zone shown on any zoning map made a part thereof, the following rules shall apply:

   A.   Where any such boundary line is indicated as following a street, alley or public way, it shall be construed as following the centerline thereof.

   B.   Where a boundary line is indicated as approximately following a lot line, such lot line shall to be such boundary line.

   C.   Where a boundary line divides a lot or crosses un-subdivided property, the location of such boundary shall be indicated upon the zoning Map. (Ord. 232, 4-14-2010)

Except as otherwise provided herein, land, buildings and premises in any zone shall hereafter be used only in accordance with the regulations herein established for that zone. (Ord. 232, 4-14-2010)

Uses not specified in the land use tables are prohibited unless determined by the City Council as a conditional use permit. (Ord. 232, 4-14-2010)

For the purpose of promoting pride of ownership, health, safety, morals and general welfare within its area of jurisdiction, the City is hereby divided into the following use Zones. (Ord. 232, 4-14-2010)

The Zone, designed by the symbol "P" is to provide space in suitable locations for governmental buildings and land uses in conformance with the purpose of this Title. (Ord. 232, 4-14-2010)

Certain Zones, designed by the symbol "R" followed by a numeral, or a number and a letter, and referred to collectively as Residential Zones or R Zones, are established:

   A.   To provide space in suitable locations for the various types of residential accommodations needed in the City; and

   B.   To provide a means of regulating the density and distribution of the population in conformance with the purpose of this Title. (Ord. 232, 4-14-2010)

The purpose of this zone is to preserve residential neighborhoods to prevent overcrowding of the land and to encourage the development of low-density areas of five (5) units per acre. (Ord. 232, 4-14-2010)

The purpose of this zone is to provide residential development which is well designed and properly located in the community with medium densities of (6) six to eight (8) units per acre and adjacent to shopping, recreation, cultural and other community facilities. (Ord. 232, 4-14-2010)

The purpose of this zone is to provide residential development, which is well designed and properly located in the community with medium to high-density residential densities of nine (9) to nineteen (19) units per acre. This type of zoning pattern is intended to create transition areas and buffer zones between commercial areas and medium density residential development. It is also intended to permit high-density activities adjacent to more intensive community use areas. (Ord. 232, 4-14-2010)

The purpose of this zone is to provide residential development, which is well designed and properly located in the community with high-density residential densities twenty (20) units to thirty (30) units per acre. This type of zoning pattern is intended to create transition areas and buffer zones between commercial areas and medium density residential development. It is also intended to permit high-density activities adjacent to more intensive community use areas. (Ord. 232, 4-14-2010)

Matrix-style land use tables that address allowable uses and building bulk and placement standards are made part of this Title and shall be interpreted consistent with the principles and rules set forth in this section.

   A.   If the letter "A", for "Allowed", appears in the box at the intersection of a column and a row, the use is allowed in that classification, subject to the development and operational requirements of this and other applicable ordinance provisions.

   B.   If the letter "CU", for "Conditionally Permitted", appears in the box at the intersection of a column and a row, the use is conditionally allowed in that classification, subject to obtaining a conditional use permit and subject to the development and operational requirements of this and other applicable ordinance provisions. The responsibility of demonstrating that a special use permit request is appropriate rests with the applicant.

   C.   Uses not designated as allowed (A) or conditionally permitted (CU) are prohibited. If either an "A" or "CU" appears in the box at the intersection of a column and a row, the use is prohibited in the zoning classification.

   D.   The land use tables in this section indicate whether a specific use is allowed in a zone classification. Specific uses are divided among multiple tables, each of which represents a broad category of land uses.

   E.   Any proposed use not listed in the table may be classified by the City Clerk as a permitted use (A), conditional use (CU), or prohibited, based on the listed use(s) to which the proposed use is most similar. If the City Clerk determines that the proposed use is not similar to any use in the table, the proposed use shall not be permitted. The City Clerk may use the Standard Industrial Classifications (SIC) as a basis for comparing the nature of a proposed or identified use. The determination of the City Clerk may be appealed to the City Council as provided herein.

"P" Prohibited "A" Allowed "CU" Conditional Use

 

 

(Ord. 232, 4-14-2010)

Certain Zones, designated by the symbol "C", followed by a numeral, or numeral and letter, and referred to collectively herein as "C" or Commercial Zone, are established to preserve and enhance property values by providing space in suitable locations for the various types of business activity needed to serve the people and commerce in the city in conformance with the Comprehensive Plan. (Ord. 232, 4-14-2010)

The purpose of this zone is to direct the location of local commercial service needs and to restrict incompatible uses which may be better located in highway oriented community shopping areas due to size of the shopping center, location within the community, residential neighborhood areas being serviced and other factors. (Ord. 232, 4-14-2010)

The purpose of this zone is to direct the location of service activities, which are related to retail, travel or highway related services. (Ord. 232, 4-14-2010)

The purpose of this zone is establish to provide lands for and encourage the development of well-planned and designed mixed use which would accommodate certain, professional offices, light industrial and other similar activities.

"P" Prohibited "A" Allowed "CU" Conditional Use

 

 

(Ord. 232, 4-14-2010)

The Light Industrial (M-1) Zone is established to provide for and encourage the grouping together of light industrial uses capable of being operated under standards to the location and appearance of buildings and treatment of the land about them. Such buildings will be unobtrusive and not detrimental to surrounding commercial or residential uses. Areas set aside as M-1 may be classified as such in conformity with the Comprehensive Plan and where it is found that in the public's best interest there is a need for industrial activities substantially free from residential or retail commercial activities with the subsequent finding that industrial uses are the highest and best use for the land involved. (Ord. 232, 4-14-2010)

The Heavy Industrial (M-2) Zone is established to provide for the location of all industrial land use, which is incompatible with other zone within the city, which, for reasons of health, safety or general welfare is excluded from the M-2 zone. No use intended to be included, which by reason of its location with respect to the boundaries of the Zone or by reason of its operational characteristics, would create hazardous conditions. Areas set aside as M-2 identifies land uses that may be considered as a nuisance due to sound, odors or vibrations.

"P" Prohibited "A" Allowed "CU" Conditional Use

 

 

(Ord. 232, 4-14-2010; amd. Ord. 260, 11- -2019)