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Power County Unincorporated
City Zoning Code

CHAPTER 17

APPENDICES; DETAILED PERFORMANCE STANDARDS

10-17-1: APPENDIX A, SIGNS:

   A.   Purpose: This Appendix establishes regulations for the location, type, and size of signs permitted. Any sign not expressly permitted by this Appendix shall require a permit issued by the Administrator, after review by the PZC.
   B.   Sign Definitions:
   AREA: The area of a sign shall be measured as the area of the smallest, straight-sided geometric figure that can be defined by and include the extreme limits of the copy or message (including graphics as well as text) on the sign. Contrasting frames or borders shall be measured as part of the copy or message.
   AWNING: A fabric or plastic shelter supported by a noncombustible rigid framework attached to a building.
   DIRECTIONAL SIGN: On-site directional signs are used to identify points of access, the direction of travel, and handicapped parking spaces, and to perform similar functions in off-street parking and loading areas. They include no advertising or promotional copy, but may include a log. Off-site directional signs identify and provide directions to an off-highway use. They include no advertising or promotional copy, but may include a logo.
   GROUND SIGN: A freestanding sign that does not exceed eight feet (8') in height above grade.
   HOME OCCUPATION SIGN: See Appendix B, Section 10-17-2 of this Chapter.
   LOGO: A "logo" is simply graphic symbol used to identify a use.
   NAMEPLATE: A wall sign that identifies the occupants and address of a building.
   POLE SIGN: Freestanding signs that exceed eight feet (8') in height above grade.
   PROJECTING SIGN: A "projecting sign" is attached to the wall of a building and projects away from that wall. Projecting signs may extend no more than seven feet (7') from the building wall, and may not extend to within two feet (2') of the near curb line. Projecting signs do not extend more than three feet (3') above the roof line of the building to which they are attached.
   REPLACEMENT: For the purposes of this Appendix, the term "replacement" does not include the temporary removal of an existing sign for repair or refurbishment.
   SIGN: See definition of Sign, Section 10-1-5 of this Title.
   SUSPENDED SIGN: A sign attached to the ceiling of an arcade or canopy and hangs over a sidewalk with a vertical clearance of at least eight feet (8').
   TEMPORARY SIGNS: Includes: 1) construction signs; 2) political signs placed no more than sixty (60) days before the election to which they relate and removed within ten (10) days after that election; 3) real estate signs; 4) window signs; and 5) other temporary signs displaced by commercial or industrial uses. All temporary signs displayed in commercial or industrial zoning districts must fit within the sign size permitted by this Appendix. A "construction sign" is a ground or wall sign that identifies a building under construction. Construction signs include no advertising or promotional copy, but identify the building's planned use, owners or operators, designers, construction contractors, and financiers. Construction signs shall be permitted for all nonresidential construction, but shall not exceed six (6) square feet in the RR Zoning Districts. A "political sign" promotes the election of a candidate or support for a political party or position. Political signs may be of any type, but are subject to the time and size limitations of subsection D3a(4) of this Section in the RR Zoning Districts. "Real estate signs" are wall, ground, or window signs which indicate that the property on which they are placed is for sale, lease, or rent. Real estate signs are subject to the limitations of subsection D3a(3) of this Section in the RR Zoning Districts. No temporary sign shall remain longer than one hundred eighty (180) days.
   TRAFFIC-CONTROL SIGN: Standard regulatory signs, including stop and yield signs, speed limit signs, etc.
   WALL SIGN: Either painted directly on the wall of a building or directly attached to the wall of a building, and parallel with the wall to which they are attached. Directly attached wall signs shall protrude no more than eighteen inches (18") from the building to which they are attached. Wall signs do not extend above the roof line of the building to which they are attached.
   WINDOW SIGN: "Wall signs" appear within the frame of and are affixed directly to a window. Window displays of merchandise are not signs, provided that no part of the display is affixed to the window.
   C.   Permit Requirements:
      1.   Permit Required: A development permit shall be required for the placement or installation of any sign, including the replacement of any existing sign, except as provided in subsection C2 of this Section. The location, type, and size of all proposed signs shall be included in applications.
      2.   Exceptions To Permit Requirement: The signs listed here are not exempt from any requirement of this Title, except the requirement for a permit. No permit shall be required for the placement or installation of:
         a.   Residential nameplates;
         b.   Temporary signs;
         c.   Traffic-control signs or public notices placed by public agencies; or
         d.   Window signs.
   D.   Performance Standards:
      1.   Placement Of Signs: No sign shall be placed:
         a.   In or over any public right of way, except as provided in subsection D2 of this Section;
         b.   On any tree, cliff, or other natural feature; or on a utility pole;
         c.   On a vehicle or trailer parked in a visible location for the primary purpose of displaying the sign; or
         d.   Where it creates a traffic safety hazard by obscuring traffic- control signs or signals, or obstructing vision at intersections or driveways.
      2.   Signs In Public Rights Of Way: No sign shall be permitted in any public right of way, except traffic-control signs and public notices placed by public agencies. No sign shall extend over a public right of way, except that awnings and projecting signs may extend up to seven feet (7') over a public sidewalk (measured from the face of the supporting building), but shall not extend to within more than two feet (2') of the near curb or property line. Suspended signs may extend over a public sidewalk that is covered by an arcade or canopy. Any awning or sign extending over a public sidewalk shall have a minimum clearance of eight feet (8').
      3.   Permitted Signs:
         a.   RR Zoning District: The following signs shall be permitted in the RR Zoning District:
            (1)   Traffic-control signs or public notices placed by public agencies.
            (2)   One nameplate of no more than six (6) square feet for each dwelling.
            (3)   One real estate sign, of no more than sixteen (16) square feet, for each lot or building currently offered for sale, lease, or rent.
            (4)   Political signs totaling no more than sixteen (16) square feet, provided that such signs are placed no more than sixty (60) days before the election to which they relate and removed within ten (10) days after the election.
            (5)   Home occupation signs, as permitted by Appendix B, Section 10-17-2 of this Chapter.
            (6)   Any dwelling may also display two (2) temporary signs, of no more than six (6) square feet each, announcing the short-term sale of used household goods (a garage or yard sale), provided those signs are placed no more than two (2) days before the sale and removed within one day after the sale, that the sale lasts no longer than three (3) days, and that no more than two (2) such sales are conducted at any one dwelling within any twelve (12) month period.
            (7)   Special permit use may display a single nameplate of no more than twenty four (24) square feet and directional and traffic- control signs of no more than six (6) square feet each, as necessary to ensure safe circulation.
         b.   AOCI Zoning District: The signs permitted in the AOCI Zoning District shall be as provided in Appendix A of the American Falls Development Code.
         c.   A, HI, LI, And C Zoning Districts: The following signs shall be permitted in all zoning districts except the RR and AOCI:
            (1)   Traffic-control signs or public notices placed by public agencies.
            (2)   For residences, the signs permitted in the RR Zoning District.
            (3)   On-site directional and traffic-control signs, as necessary to ensure safe circulation.
            (4)   Any combination of the following kinds of signs: wall signs, projecting signs, one ground or pole sign for each road frontage of no more than fifty feet (50') in height; and temporary signs.
            (5)   Awnings may display the name or logo of the owner or operator.
            (6)   Buildings with canopies or arcades may use one suspended sign or no more than four (4) square feet for each use or occupancy with access from the canopies area or arcade.
            (7)   Industrial and commercial uses may display two (2) off-site directional signs.
            (8)   Large off- and on-site billboards must conform to State and Federal guidelines and be approved by Power County PZC.
      4.   Illuminated Signs: Signs with a constant source of illumination shall be permitted in all zoning districts. No flashing, blinking, or moving signs are permitted. Spotlights or other fixtures used for the illumination of a sign shall be placed in compliance with the provisions of this Title prohibiting light or glare that constitutes a nuisance and shall not constitute a traffic hazard.
      5.   Identification Of Signs: All permanent signs shall bear a weatherproof label identifying the owner, including the owner's name, mailing address, and telephone number. Identification labels may be attached to the sign or its supporting structure.
      6.   Maintenance Of Signs: All signs and their supporting structures shall be maintained so as not to create a health or safety hazard.
      7.   Abandoned Signs: Abandoned signs shall be removed within sixty (60) days of the adoption of this Title, or within sixty (60) days of the abandonment of the use to which the sign is appurtenant. Abandonment shall not be a matter of the owner's intent, but shall be considered to occur whenever a use ceases operation for more than twelve (12) months. Any sign that is not structurally sound or that no longer serves to inform or attract the public shall be considered abandoned and its removal required. (Ord. 98-01, 7-18-1998)

10-17-2: APPENDIX B, HOME OCCUPATIONS:

   A.   Purpose: These performance standards permit limited commercial activity in homes in the A and RR Zoning Districts, while ensuring that such activity does not diminish the residential character of the neighborhood. Approval of a home occupation does not change any requirement of this Title that is applicable to the dwelling to which that home occupation is accessory.
   B.   Employees: No home occupation shall have more than three (3) full-time equivalent employees who are not members of the resident family.
   C.   Floor Area: Home occupations may be located within dwellings or accessory buildings, but no home occupation in the RR Zoning District shall occupy a floor area greater than twice that of the gross floor area of the residence to which it is accessory.
   D.   Parking: Home occupations shall not generate traffic sufficient to deny neighboring properties the use of adjoining on-street parking.
   E.   Storage: The outdoor storage requirements for residences with home occupations in the RR Zoning District shall be the same as those for any other residence. See subsection 10-8-6A7 of this Title.
   F.   Signs: Home occupations may display a single sign of no more than six (6) square feet in size.
   G.   Other Performance Standards: Home occupations are subject to all applicable performance standards of Chapter 13 of this Title. (Ord. 98-01, 7-18-1998)

10-17-3: APPENDIX C, BUFFERING:

   A.   Purpose: Landscaping requirements are an essential element in mitigating potential land use conflicts and enhancing the visual appeal of the County. The purpose of this Appendix is to assure that landscaped buffers required by these regulations accomplish those goals.
   B.   Minimum Buffer Requirements: The width of required buffers shall vary with the nature of the uses being separated, the height of the buildings being buffered, and the construction of the buffer. Table 2 in Section 10-13-8 of this Title shows the width required where the buffer consists of a level or gently sloping area of sod or ground cover and at least four (4) major trees per one hundred (100) lineal feet of buffer. That Table also shows where a security fence and/or a solid fence, wall, or berm is required as part of a buffer.
   C.   Height Adjustment: The basic buffer width shall be increased by the height adjustment factor, where one is established. The height adjustment factor is a ratio expressing the number of feet that must be added to the basic buffer width for each foot in height over twenty five feet (25') of the building being buffered.
   D.   Buffer Width Reduction; Berms: The basic buffer width requirements of Table 2 in Section 10-13-8 of this Title may be reduced where a berm is included in the buffer. The width reduction shall be twice the height of the berm, but the maximum permitted reduction shall be ten feet (10'). No berm shall have a slope of more than three to one (3:1), except where a retaining wall is incorporated into the berm. Such walls may be used only on the side opposite the use or public way being buffered.
   E.   Buffer Width Reduction; Additional Plantings: The basic width requirements may be reduced where a greater density and diversity of plantings is included in the buffer. The buffer width reductions permitted in this Section are cumulative and may result in a total reduction of up to thirty percent (30%). The buffer width reductions permitted by subsection D above are also cumulative with those permitted herein.
      1.   Major Trees: The required buffer width shall be reduced by ten percent (10%) where five (5) or more major trees per one hundred (100) lineal feet are planted or retained.
      2.   Understory Trees: The required buffer width shall be reduced by ten percent (10%) where five (5) or more understory trees per one hundred (100) lineal feet are planted or retained.
      3.   Shrubs: The required buffer width shall be reduced by ten percent (10%) where twenty (20) or more shrubs per one hundred (100) lineal feet are planted or retained.
   F.   Minimum Buffer Width: No required buffer shall be less than half the basic buffer width or less than ten feet (10') in width, regardless of any reductions permitted by subsections D and E above.
   G.   Buffer Crossings; Inclusions: Buffers may be crossed by access driveways, utility lines, sidewalks, and pedestrian trails. A sidewalk or pedestrian trail may run along the length of a buffer, with its width, up to a maximum five feet (5'), being included in the required buffer width. Buffers may also include permitted signs.
   H.   Plant Materials Specifications: Plant materials installed in required buffers shall be warranted for one year. Plant materials shall meet the following specifications:
      1.   All trees, major and understory, shall be containerized or bagged and burlapped stock in good condition with a caliper of at least one and five-tenths inch (1.5") (measured one foot above grade) for deciduous trees and a height of at least six feet (6') for coniferous trees; and
      2.   All shrubs shall be minimum one gallon containerized stock in good condition.
   I.   Maintenance: Perpetual maintenance of required buffers is required by subsection 10-16-11A of this Title. (Ord. 98-01, 7-18-1998)

10-17-4: APPENDIX D, OFF-STREET PARKING AND LOADING:

   A.   Purpose: These performance standards are intended to prevent traffic congestion on public streets by requiring provision of adequate off-street parking and loading areas.
   B.   Off-Street Parking Required: All buildings and uses shall provide the minimum number of off-street parking spaces required by Table 1 in subsection J of this Section. Parking spaces shall have graded and drained gravel or paved surfaces.
   C.   Off-Street Parking Requirements For Uses Not Listed: The classification of uses and the off-street parking requirements for uses not listed in Table 1 in subsection J of this Section shall be determined by the Administrator. Any person who disputes a decision of the Administrator may request a review of that decision using the appeals procedure of subsection 10-2-3A of this Title.
   D.   Location Of Off-Street Parking:
      1.   Off-street parking shall be provided on the same lot and under the same ownership as the use it serves, except that two (2) or more uses may share a parking area where:
         a.   The total number of spaces provided is not less than the sum of the parking spaces required for all buildings or uses served; and
         b.   A contract providing for shared parking for a period of ten (10) or more years is executed before approval of a permit and recorded before issuance of a certificate of compliance.
      2.   Required off-street parking spaces shall be within six hundred feet (600') of a main entrance of the building or use being served, except for spaces serving a dwelling, which shall be within one hundred feet (100') of the dwelling unit served.
   E.   Passenger Loading Areas: Daycare centers, pre-schools, public schools, and places for public assembly located on arterial streets shall provide at least one safe off-street passenger loading area. Such areas shall be located where there is adequate visibility for their safe use, and shall:
      1.   Be divided from the street by a curbed barrier of at least four feet (4') in width;
      2.   Be at least sixty feet (60') in length and twelve feet (12') wide;
      3.   Accommodate one-way traffic only;
      4.   Include a depressed curb section for handicapped access; and
      5.   Be marked by pedestrian crossing signs facing both traffic lanes.
   F.   Off-Street Loading Areas:
      1.   All commercial and industrial buildings and uses shall provide one safe, properly signed off-street loading area for each ten thousand (10,000) square feet of gross floor area. Off-street loading areas shall be on the same lot and under the same ownership as the building or use they serve, shall be designed to accommodate the largest vehicle that may reasonably be anticipated for use on the site, and have the following minimum dimensions:
         a.   Vertical clearance: fourteen feet (14');
         b.   Width: twelve feet (12'); and
         c.   Depth or length: thirty five feet (35').
      2.   No vehicle parked in a required off-street loading space shall extend into a public right of way.
   G.   Access To Off-Street Parking And Loading Area: Graded and drained gravel or paved access driveways shall be provided for safe access to all off-street parking and loading areas.
      1.   No parking area, except those serving single-family dwellings, shall be designed or constructed to create a situation in which vehicles are required to back onto a public street.
      2.   Parking and loading areas shall be sited and designed to minimize the number of access points to arterial roads.
      3.   No access driveway to a local street shall be within twenty feet (20') of any intersection or alley or ten feet (10') of another access driveway. The distance from an access driveway to an intersection is measured from the junction of the corner lot lines at the intersection, to the nearest side of the driveway.
      4.   No access driveway to an arterial street shall be within forty feet (40') of its intersection with any local street, or sixty feet (60') of its intersection with another arterial.
      5.   Clear vision triangles shall be provided for all access driveways.
      6.   Access driveways for single-family dwellings shall be a minimum of ten feet (10') wide, with a curb radius of five feet (5'). Access driveways for other uses shall be designed to accommodate the reasonably anticipated level of use.
      7.   Where required for drainage, access driveways shall be constructed over a minimum twelve inch (12") culvert capable of supporting a load of forty thousand (40,000) pounds.
   H.   Circulation Within Off-Street Parking Areas: The pattern of circulation within parking areas shall be designed to provide safe and efficient access to individual parking spaces, protect pedestrians moving through the parking area, and facilitate safe access to public streets.
      1.   Minimum aisle widths shall be:
         a.   For two-way circulation and/or ninety degree (90°) parking: twenty four feet (24');
         b.   For one-way circulation and sixty degree (60°) angle parking: eighteen feet (18');
         c.   For one-way circulation and forty five degree (45°) angle parking: fifteen feet (15'); and
         d.   For one-way circulation and thirty degree (30°) angle parking: thirteen feet (13').
      2.   Where one-way circulation is used, directional signs shall be installed at all access points to the parking area.
      3.   No parking area shall be designed so that circulation from one portion of the area to another relies on a public street.
   I.   Protecting Pedestrians In Off-Street Parking And Loading Areas: There shall be safe pedestrian access around or through all parking and loading areas.
   J.   Minimum Parking Space Standards:
TABLE 1
MINIMUM PARKING SPACE STANDARDS
 
Land Use
Parking Spaces
Dwellings
2 per unit
Elementary and junior high schools
1 per classroom plus 1 (auditoriums are places of assembly)
Hospitals, rest homes, and similar
uses
2 per bed
Lodging places
1 per unit plus 1
Theaters and places of assembly
0.33 per seat
 
Land Use
Parking Spaces Per 1,000
Feet Of Gross Floor Area
Land Use
Parking Spaces Per 1,000
Feet Of Gross Floor Area
Beauty and barber services (SLUC 623)
6
Building materials, farm equipment, and furniture
1
Eating and drinking places (SLUC 58)
15
Financial, real estate, and insurance services (SLUC 61)
3
General merchandise, groceries, bakeries
4
Hardware, apparel, miscellaneous retail uses
3
Health services, except hospitals (SLUC 51)
5
Mixed office uses
3
Other personal services, miscellaneous services (SLUC 62, 69)
3
Professional services (SLUC 65)
3
Retail automotive, marine (SLUC 55)
5
Shopping centers
4
 
Note: Other uses (transportation, communications, and utilities; wholesale trade; and industrial) shall provide 1 parking space for each anticipated employee plus 1, and 1 parking space for each anticipated company vehicle, plus 1. Where a place of assembly does not have fixed seating, 1 space shall be provided for each 25 square feet of assembly area. Off-street parking requirements for different uses in the same building shall be calculated separately.
(Ord. 98-01, 7-18-1998)
   K.   Accessibility: Where parking is provided, accessible parking spaces shall be provided in compliance with table below as required by sections 1106 through 1106.4 in the 2015 International Building Code.
Total Parking
Spaces Provided
Required Minimum Number Of Accessible Spaces
Total Parking
Spaces Provided
Required Minimum Number Of Accessible Spaces
   1 to 25
1
   26 to 50
2
   51 to 75
3
   76 to 100
4
   101 to 150
5
   151 to 200
6
   201 to 300
7
 
(Ord. 2019-02, 1-14-2019)

10-17-5: APPENDIX E, PLATTING LOT SPLITS AND SUBDIVISIONS:

   A.   Purpose: This section establishes technical standards for the form and content of subdivision plats. The requirements it imposes are in addition to the requirements of State law.
   B.   Preliminary Plats:
      1.   Preliminary Plat Part Of Application: A preliminary plat is one part of the application for a permit to subdivide and shall be accompanied by the official application form and all other materials required for a complete application.
      2.   Comprehensive Coverage: Preliminary plats shall cover the entire area to be developed by one owner or a group of related or associated owners, even when it is anticipated that development will be phased or occur in the form of multiple subdivisions over several years. An application for a subdivision permit may be rejected solely because it covers insufficient area.
      3.   Contents: Preliminary plats shall include:
         a.   A title block showing the name of the proposed subdivision and its location by quarter-quarter section, section, township, range, principal meridian, city, County, and State;
         b.   The name, address, and registration number of the engineer or land surveyor who prepared the preliminary plat;
         c.   A north point and both graphic and written scales;
         d.   A vicinity map that locates the proposed subdivision within the section and shows major roads and watercourses adjacent to or near the subdivision; and the boundaries of and recorded names of all adjacent or nearby subdivisions;
         e.   The location, nature, and boundaries of all existing public ways and public or private easements in or adjacent to the proposed subdivision, including the County book and page number references to the instruments establishing those ways or easements;
         f.   The location and size of all existing utility lines in or adjacent to the proposed subdivision;
         g.   The exterior boundaries of the proposed subdivision;
         h.   The location, exterior dimensions, and number of proposed lots and blocks, or other parcels created by the subdivision;
         i.   The acreage of each proposed lot, and a table showing the total acreage of the area proposed for subdivision, the total acreage in lots, the total acreage in streets, and the total acreage of parcels proposed for dedication to public use or to be held in common by the lot owners;
         j.   The names of all proposed streets and widths and boundaries of all proposed street rights of way and utility easements;
         k.   The location of all irrigation structures, watercourses, and wetlands within or adjacent to the proposed subdivision;
         l.   The location of any floodplain and floodway boundaries, as established by the Federal Emergency Management Agency, and any stream corridor setback lines established by this Title; and
         m.   Any other information required by this Title.
      4.   Scale And Dimensions: Preliminary plats shall be prepared at a scale of one inch equals one hundred feet (1" = 100'), and all dimensions shown shall be in feet and decimals thereof. Plats of large areas may be prepared on multiple, serially numbered sheets with match lines and a sheet index map, which may be combined with the vicinity map. The vicinity and index maps shall appear on the first of the serially numbered sheets.
   C.   Final Plats:
      1.   Contents: All final plats submitted shall be prepared in compliance with chapter 13, title 50 of the Idaho Code, as amended, and shall include all information listed below:
         a.   A title block showing the name of the subdivision and its location by quarter-quarter section, section, township, range, principal meridian, city, County, and State;
         b.   The name, address, and registration number or seal of the engineer or land surveyor who prepared the plat and that person's certification that the plat is accurate, and that the monuments described in it have been located and/or established as described;
         c.   A north point and both graphic and written scales;
         d.   A vicinity map that locates the proposed subdivision within the section and shows major roads and watercourses adjacent to or near the subdivision; and the boundaries of and recorded names of all adjacent or nearby subdivisions;
         e.   The point of beginning for the subdivision survey, which shall be a section or quarter section corner;
         f.   The location and a description of all existing monuments found during the course of the survey;
         g.   The location, nature, and boundaries, with bearings and distances, of all existing public ways and public or private easements in or adjacent to the subdivision, including the County book and page number references of the instruments establishing those ways or easements;
         h.   The exterior boundaries of the subdivision, with all bearings and distances, including curve data for curving boundaries;
         i.   The location, exterior dimensions, and number of all lots and blocks, or other parcels created by the subdivision, including bearings and distances and curve data for curving boundaries;
         j.   The location and a description of all monuments established during the course of the survey;
         k.   The location of any floodplain and floodway boundaries, as established by the Federal Emergency Management Agency, and any stream corridor setback lines established by this Title;
         l.   The acreage of each lot, and a table showing the total acreage of the subdivided area, the total acreage in lots, the total acreage in streets, and the total acreage of any parcels dedicated to public use or held in common by the lot owners;
         m.   The names of all streets and widths and boundaries of all street rights of way and utility easements, including bearings and distances and curve data for curving boundaries;
         n.   A signed and dated owner's certificate which includes a complete legal description of the parcel being subdivided, and in which the owners of record dedicate all public ways and other public spaces to public use;
         o.   A public notary's acknowledgment of the owner's certificate;
         p.   A signed and dated certificate of consent in which all mortgagors, lienholders, and other parties with any real property interest, including the holders of mineral rights, in the property consent to its subdivision;
         q.   A public notary's acknowledgment of the certificate of consent;
         r.   Certificates for plat approval by the Commission and Board;
         s.   A statement of "sanitary restriction", as required by Idaho Code section 50-1326;
         t.   A certificate for use by the County Recorder in recording the plat after its approval; and
         u.   Any other information required for compliance with this Title.
      2.   Scale And Dimensions: Final plats shall be prepared at the scale of one inch equals one hundred feet (1" = 100') and all dimensions shown shall be in feet and decimals thereof. Plats of large areas may be prepared on multiple, serially numbered sheets with match lines and a sheet index map, which may be combined with the vicinity map. All required certificates and the vicinity and index maps shall appear on the first of the serially numbered sheets.
      3.   Copy: The developer shall also provide the County with one reproducible copy of the final plat suitable for photographic reproduction and reduction. (Ord. 98-01, 7-18-1998)

10-17-6: APPENDIX F, IRRIGATION STATUTE:

The purpose of this Appendix is to provide users of this Title with a copy of sections of the Idaho Code for reference purposes.
Idaho Code Section 31-3805. DELIVERY OF WATER. (1) When either a subdivision within the meaning of chapter 13, title 50, Idaho Code, or a subdivision subject to a more restrictive county or city ordinance is proposed within the state of Idaho, and all or any part of said subdivision would be located within the boundaries of an existing irrigation district or other canal company, ditch association, or like irrigation water delivery entity, hereinafter called "irrigation entity" for the purposes of this chapter, no subdivision plat or amendment to a subdivision plat or any other plat or map recognized by the city or county for the division of land will be accepted, approved, and recorded unless:
   (a) The water rights appurtenant and the assessment obligation of the lands in said subdivision which are within the irrigation entity have been transferred from said lands or excluded from an irrigation entity by the owner thereof; or by the person, firm, or corporation filing the subdivision plat or amendment to a subdivision plat or any other plat or map recognized by the city or county for the division of land; or
   (b) The owner or person, firm or corporation filing the subdivision plat or amendment to a subdivision plat or any other plat or map recognized by the city or county for the division of land has provided for underground tile or other like satisfactory underground conduit for lots of one acre or less, or a suitable system for lots of more than one acre which will deliver water to those landowners within the subdivision who are also within the irrigation entity, with the following appropriate approvals:
(i) For proposed subdivisions within the incorporated limits of a city, the irrigation system must be approved by the city zoning authority and the city council, as provided by city ordinance, with the advice of the irrigation entity charged with the delivery of water to said lands.
(ii) For proposed subdivisions located outside incorporated cities but within a negotiated area of city impact pursuant to chapter 65, title 67, Idaho Code, or within one mile outside the incorporated limits of any city, both city and county zoning authorities and city council and county commissions must approve such irrigation system in accordance with section 50-1306, Idaho Code. In addition, the irrigation entity charged with the delivery of water to said lands must be advised regarding the irrigation system.
(iii) For proposed subdivisions located outside an area of city impact in counties with a zoning ordinance, the delivery system must be approved by the appropriate county zoning authority, and the county commission with the advice of the irrigation entity charged with the delivery of water to said lands.
(iv) For proposed subdivisions located outside an area of city impact in counties without a zoning ordinance, such irrigation system must be approved by the board of county commissioners with the advice of the irrigation entity charged with the delivery of water to said lands.
   (2) (a) In the event that the provisions of either subsections (1)(a) or (1)(b) of this section have not been complied with, the assessments of the irrigation entity for operation, maintenance, construction, and other valid charges permitted by statute shall in no way be affected. Any person, firm or corporation or any other person offering such lots in such subdivision for sale, or selling such lot shall, prior to the sale, advise the purchaser in writing as follows:
(i) That suitable water deliveries have not been provided; and
(ii) That the purchaser of the lot must remain subject to all assessments levied by the irrigation entity; and
(iii) That the individual purchaser shall be responsible to pay such legal assessments; and
(iv) That the assessments are a lien on the land within the irrigation entity; and
(v) That the purchaser may at a future date petition the appropriate irrigation entity for exclusion from the irrigation district.
   (b) A disclosure statement executed by the purchasers and duly acknowledged, containing the representations required in this subsection of this section, shall be obtained by the seller at the time of receipt of the earnest money from the purchaser, and affixed to the proposed sales contract and a copy thereof shall be forwarded to the appropriate irrigation entity.
Idaho Code Section 31-3806. CIVIL ACTION TO ENFORCE. (1) If the owner of the property, or the person, firm or corporation filing the subdivision plat or amendment to a subdivision plat or any other plat or map recognized by the city or county for the division of land fails to comply with either subsection (1) or (2) of section 31-3805, Idaho Code, prior to sale of lots in the subdivision to purchasers, the owner of the property, or the person, firm or corporation filing the subdivision plat or amendment to a subdivision plat or any other plat or map recognized by the city or county for the division of land shall be liable to any purchaser for the costs of the lot's exclusion plus all assessments due and owing or the actual cost of installation of an irrigation delivery system not to exceed one thousand five hundred dollars ($1,500.00) per lot. The purchaser shall have a right to enforce this obligation in a civil action and the purchaser shall have the right to elect exclusion or installation of the system in such action.
   (2) Any person, firm or corporation who shall omit, neglect, or refuse to provide the purchaser or the irrigation entity within whose boundaries the land is located, a copy of the disclosure statement required by subsections (2) of section 31-3805, Idaho Code:
(a) Shall be liable to the purchaser as provided in subsection (1) of this section.
(b) Shall be liable to the irrigation entity for its reasonable expense, including employee time, of locating the purchaser and providing the information required in the form and for advising affected purchasers of the lack of a water delivery system and for any assessments on the property that are past due at the time of discovery of the violation. The irrigation entity affected shall have a right to claim such expenses in a civil action.
   (3) In any civil action filed under subsection (1) or (2) of this section, the prevailing party shall be awarded its reasonable costs and attorney's fees. The purchaser and irrigation entity shall have two (2) years from the date of discovery of the violation to initiate any action.
(Ord. 98-01, 7-18-1998; amd. 1998 Code)