This chapter establishes the purpose of this title, identifies the enabling statute pursuant to which it is adopted, repeals conflicting ordinances, provides rules for the transition from previous regulations to this title, and establishes rules for the interpretation of this title.

(Ord. 2019-01, 1-14-2019; amd. Ord O-2024-04, 2-12-2024)

   A.   Purpose:

      1.   The purpose of this title is to promote the health, safety, and general welfare of the people of the County by fulfilling the purposes and requirements of the Local Planning Act of 2017 and implementing the Comprehensive Plan.

      2.   Statements of purpose accompany some provisions of this title, but the Comprehensive Plan provides the full statement of the County’s purpose and intent in planning and zoning activities.

   B.   Authority: This title is adopted pursuant to the authority granted by the Local Planning Act of 2017. It includes the Zoning Ordinance required by Idaho Code section 67-6511 and the Subdivision Ordinance required by Idaho Code section 67-6513. It also fulfills the other requirements of the Local Planning Act, including the provision for variances required by Idaho Code section 67-6516, the adoption of procedures for processing permits required by Idaho Code section 67-6519, and the adoption of a hearing procedure required by Idaho Code section 67-6534.

(Ord. 2019-01, 1-14-2019; amd. Ord O-2024-04, 2-12-2024)

   A.   Minimum Requirements: All provisions of this title shall be interpreted as the minimum requirements necessary to protect the public health, safety, and general welfare, and to implement the Local Planning Act and the Comprehensive Plan. This title is designed to be consistent with the Comprehensive Plan and should be liberally construed to achieve its purposes and intent.

   B.   Relationship To Other Laws: When future County ordinances, or State or Federal laws, impose additional standards on activities regulated by this title, the most restrictive standard shall govern.

   C.   Burden Of Proof: The burden of proof shall, in all proceedings pursuant to this title, rest with the developer.

   D.   Liability: No individual, including Board of County Commissioners (BOCC) and Planning and Zoning Commission (PZC) members, or the Administrator or other County employees, who acts in good faith and without malice in the performance of duties assigned by this title, shall be held liable for errors or omissions in its administration. Any suit brought against such an individual shall be defended by the County and any judgment resulting from such a suit shall be the liability of the County.

   E.   Severability: If any provision of this title is held to be invalid by any court, the remainder shall continue in full force and effect.

   F.   Effective Date: This title shall become effective upon publication, as required by law.

(Ord. 2019-01, 1-14-2019; amd. Ord O-2024-04, 2-12-2024)

   A.   Conflicting Ordinances Repealed: All prior County ordinances are repealed to the full extent of their inconsistency with this title.

   B.   Vested Rights: A vested right is the right to proceed with development that was under construction or had obtained some form of final approval from the County before the effective date hereof. Vested rights to proceed with development initiated prior to the adoption of these regulations shall be established by:

      1.   Having obtained a building permit in full compliance with previous ordinances (such vested rights expire with the permit); or

      2.   Having obtained approval of a preliminary plat or conditional use permit in full compliance with previous ordinances (such vested rights expire with the approval or permit); or

      3.   Having recorded a final plat in full compliance with previous ordinances.

      4.   Approval of a preliminary plat or recording of a final plat establishes a vested right to the lot layout and road network design of the subdivision. It does not establish a vested right for the development of any lot.

   C.   Nonconforming Uses And Buildings: A nonconforming use or building is one that was in compliance with all applicable regulations at the time it was initiated or constructed, but that would not comply with one or more requirements of this title, if presented for approval after its effective date. Nonconforming uses and buildings may continue subject to the rules established herein.

      1.   Any nonconforming use abandoned for more than twelve (12) months shall be terminated. Abandonment shall not be measured by the owner’s intent, but solely by the fact that use ceases for a period of twelve (12) or more months.

      2.   There shall be no limit on repair or maintenance activities for nonconforming uses or buildings, but no such activity shall increase the degree of nonconformity, except where the Administrator permits a minor increase in nonconformity to provide handicapped access to a structure, as required by law. Repair and maintenance of nonconforming buildings will be subject to the requirements of the International Existing Building Code.

      3.   Changes in occupancy may be permitted in nonconforming commercial or industrial buildings, provided that the new occupancy is no more intense (with intensity being measured by traffic and noise generation, parking requirements, and similar factors) than the existing. Requests for such changes in nonconforming occupancies shall be processed as applications for a special use permit.

      4.   Nonconforming buildings may be replaced, but only where the effect of the replacement is to lessen the adverse impact of the nonconformity on the County and the degree of nonconformity is not increased. Requests for replacement of nonconforming buildings shall be processed as applications for conditional use permits, except that any nonconforming building destroyed by fire or other catastrophe may be replaced without a special use permit if the degree of nonconformity is not in any way increased and the replacement is completed within twelve (12) months of the building’s destruction. There may be additional restrictions on the replacement of nonconforming buildings in the Airport Safety or Floodplain Overlay Districts.

      5.   A “nonconforming lot” is one that existed in distinctly separate ownership on or before the date this title was adopted, but that is not large enough to be further divided in compliance with this title. All nonconforming lots may be divided once, provided that both parcels created are one acre in size or larger, and capable of accommodating a use that is otherwise in full compliance with this title.

   D.   Impact On Private Agreements: This title does not nullify easements, covenants, deed restrictions, and similar private agreements, but where any such private agreement imposes standards that are less restrictive than those of this title, this title shall govern.

      USE REGULATIONS SUMMARY

 

 

 

(Ord. 2019-01, 1-14-2019; amd. Ord. 20220-02, 2-24-2020; Ord O-2024-04, 2-12-2024)