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St Maries City Zoning Code

CHAPTER 1

GENERAL PROVISIONS

11-1-1: TITLE:

This title shall hereafter be known as the ZONING ORDINANCE OF THE CITY OF ST. MARIES, IDAHO, and referred to as "zoning ordinance" or "zoning code". (Ord. 2011-677, 6-13-2011)

11-1-2: PURPOSE:

The purpose of this zoning code is to set forth the standards and procedures for regulating the physical development of land within the city of St. Maries. Furthermore, this code is intended to protect the public health, safety, and general welfare, including the natural environment and the character and qualities of the built environment, and to implement the St. Maries comprehensive plan. (Ord. 2011-677, 6-13-2011)

11-1-3: LEGAL AUTHORITY:

This title is enacted pursuant to authority granted by chapter 65, title 67, Idaho Code (local land use planning act); chapter 13, title 50, Idaho Code (plats and vacations); and article 12, section 2 of the Idaho constitution as currently comprised or as subsequently amended. (Ord. 2011-677, 6-13-2011)

11-1-4: APPLICABILITY:

   A.   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. Maries.
   B.   In addition to the regulations and standards set forth herein, all structures and uses of land within the city of St. Maries and area of impact, as applicable, are subject to all building and land use codes and ordinances adopted by the city of St. Maries, including, but not necessarily limited to, the floodplain ordinance, international commercial (building) code, international residential (building) code, and the international fire code. (Ord. 2011-677, 6-13-2011)

11-1-5: MINIMUM REQUIREMENTS:

In their interpretation and application, the provisions of this title shall be held to be minimum requirements necessary 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. 2011-677, 6-13-2011)

11-1-6: COMPLIANCE REQUIRED:

   A.   It shall be unlawful for any building or structure to be moved, erected, remodeled, altered, enlarged, or rebuilt within the city of St. Maries contrary to the provisions of this title.
   B.   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.
   C.   Any use not permitted by the provisions of this title is prohibited. (Ord. 2011-677, 6-13-2011)

11-1-7: 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:
   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. 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.
   B.   Where zone boundaries approximately follow lot lines, such lot lines shall be construed to be the boundaries. (Ord. 2011-677, 6-13-2011)