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St Anthony City Zoning Code

CHAPTER 17

01 General Provisions

17.01.010 Title

The ordinance from which this section was derived shall be known as the "Zoning Ordinance of the City of St. Anthony, Idaho."

(Ord. No. 2015-01, § 2, 2-26-2015)

17.01.020 Legal Authority

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. No. 2015-01, § 2, 2-26-2015)

17.01.030 Purposes

The purposes of this zoning ordinance are 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. The purposes must be implemented in the community as it exists, rather than "on a clean slate." Additional purposes include:

  • To promote the public health, safety, and the general welfare;
  • To lessen congestion in streets;
  • To safeguard from fire, panic and other damages;
  • To promote adequate light and air;
  • To prevent the overcrowding of land;
  • To avoid undue concentration of population;
  • To facilitate the adequate provision of streets and pathways, water, sewerage, schools, parks and other public requirements for the inhabitants of the city;
  • To regulate the intensity and use of buildings, structures, and land and to determine the area of open spaces surrounding buildings.

Such regulations shall be made with reasonable consideration as to the character of the district and its peculiar suitability for particular uses and encouraging the most appropriate use of land throughout the city. Changes of zoning and methods chosen for implementation should fulfill the purposes stated above and the policies set forth in the comprehensive plan.

(Ord. No. 2015-01, § 2, 2-26-2015)

17.01.040 Applicability

This title shall apply, to the extent permitted by law, to all land and the use thereof, within the jurisdictional boundaries of the City of St. Anthony. 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. Lands in the impact area of St. Anthony are governed as set out in the impact area agreement with Fremont County and administered by Fremont County.

(Ord. No. 2015-01, § 2, 2-26-2015)

17.01.050 Minimum Requirements

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. No. 2015-01, § 2, 2-26-2015)

17.01.060 Compliance Required

  1. It shall be unlawful for any building or structure to be moved, erected, remodeled, altered, enlarged, or rebuilt within the City of St. Anthony contrary to the provisions of this title.
  2. It shall be unlawful for any yard, open space, building, structure or land to be used for any purpose not permitted by this title, unless such use has been lawfully established prior to enactment of this title.
  3. Any use not permitted by the provisions of this title is prohibited.

(Ord. No. 2015-01, § 2, 2-26-2015)

17.01.070 Buildings Previously Permitted Or Under Construction At Time Of Ordinance Adoption

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 the ordinance from which this title was derived 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 days after the issuance of said permit, and if construction is diligently pursued to completion.

(Ord. No. 2015-01, § 2, 2-26-2015)

17.01.080 Zoning Permit And Certificate Of Occupancy Required

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 zoning permit and certificate of occupancy have been issued. It is unlawful to establish any land use on lands within the city unless a zoning permit has been issued. The building official may issue a temporary certificate of occupancy for a period of time, not exceeding one hundred eighty days, to allow for completion of weather-dependent work or improvements. Certificates of occupancy or zoning permits 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 not other uses or arrangements. The city or its designee shall maintain records of certificates of occupancy and zoning permits in coordination with the designated building inspector, electrical inspector, HVAC inspector and plumbing inspector.

(Ord. No. 2015-01, § 2, 2-26-2015)

17.01.090 Information Required For Zoning Or Building Permits

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. The administrator or designee 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. No. 2015-01, § 2, 2-26-2015)

17.01.100 Principles Of Interpretation

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

  1. Buildings Across Parcel Description Lines. 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.
  2. Fences and Wall Height Measurement. 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.
  3. Setback Encroachments. Setbacks shall not be less than the minimum dimension specified in the relevant 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. Setbacks will be measured from the property line to the foundation of the principal structure. A minimum of five feet separation is required between adjacent building overhangs, canopies, etc. Paved, uncovered parking is generally allowed in setback areas, unless other restrictions prohibit.
  4. Interpretation of District Boundaries. Where uncertainty exists with respect to the boundaries of any zoning district as shown on the official zoning map, the following shall apply:
    1. Where zone boundaries are indicated as approximately following the centerline of street, alley, or highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary. Where the zoning boundary follows a railroad right-of-way, such boundary shall be deemed to be located in the center of the right-of-way, unless otherwise clearly designated.
    2. Where zone boundaries approximately follow lot lines, such lot lines shall be construed to be the boundaries.
    3. Where zone boundaries are approximately parallel to the centerlines or street lines 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. If no distance is given, such dimensions shall be determined by the use of the scale shown on the official zoning map.

(Ord. No. 2015-01, § 2, 2-26-2015)