This title shall be known as the ZONING ORDINANCE OF IDAHO CITY, IDAHO. (Ord. 352, 4-25-2018)

The purposes of this title 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. (Ord. 352, 4-25-2018)

This title is enacted pursuant to authority granted by title 67, chapter 65, Idaho Code (Local Land Use Planning Act); title 50, chapter 13, Idaho Code (Plats and Vacations); and article 12, section 2 of the Idaho Constitution as currently comprised or as subsequently amended. (Ord. 352, 4-25-2018)

This title shall apply, to the extent permitted by law, to all land and the use thereof, within the City of Idaho City boundaries (City limits). 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. The Planning and Zoning Commission or its Administrator shall have authority to act for the City. The 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. 352, 4-25-2018)

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. 352, 4-25-2018)

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. 352, 4-25-2018)

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. It is unlawful to establish any land use on lands within Idaho City other than agricultural use that does not constitute a confined animal feeding operation unless a certificate of zoning compliance has been issued. The Administrator 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 Administrator or designee authorize only the use and/or arrangement set forth in such approved plans and applications or amendments, and no other uses or arrangements. The Planning and Zoning Commission shall maintain records of certificates of occupancy and certificates of zoning compliance at City Hall. (Ord. 352, 4-25-2018)

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. An application for a permit for any property located within the boundaries of the Idaho City Historic Preservation District shall include proof of compliance with the provisions of title 8, chapter 2, "Historic Preservation District", of this Code. (Ord. 352, 4-25-2018)

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

   A.   Buildings Across Parcel Description Lines:

      1.   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:

      1.   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:

      1.   On through lots, where public road frontage at both ends exists, either line may be designated by the 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:

      1.   Setbacks shall not be less than the minimum dimension specified in the specific section, except as follows: 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'). Setbacks will be measured from the property line to the foundation of the structure. A minimum of ten feet (10') separation is required between adjacent building overhangs, canopies, etc. Paved, uncovered parking is generally allowed in setback areas, unless other restrictions provide to the contrary.

   E.   Interpretation Of District Boundaries:

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

         a.   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.

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

         c.   Where zone boundaries are approximately parallel to the centerlines or streetlines 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 therefrom as indicated on the Official Zoning Map.

            (1)   If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map. (Ord. 352, 4-25-2018)