This chapter established the purpose of this title, identifies the enabling statute pursuant to which it is adopted, repeals conflicting ordinances, establishes certain vested rights during the transition from previous ordinances, provides rules for the continuation of nonconforming uses, and establishes rules for its interpretation. (Ord. 2000-02, 3-3-2000)

The purpose of this title shall be to promote the health, safety, and general welfare of the people of Teton by fulfilling the purposes and requirements of the local planning act and implementing the comprehensive plan. (Ord. 2000-02, 3-3-2000; amd. 2011 Code)

This title is adopted pursuant to the authority granted by the local planning act. It includes the zoning ordinance required by I.C. § 67-6511 and the subdivision ordinance required by I.C. § 67-6513. It also fulfills the other requirements of the local planning act, including the provision for variances required by I.C. § 67-6516, the adoption of procedures for processing permits required by I.C. § 67-6519, and the adoption of a hearing procedure required by I.C. § 67-6534. (Ord. 2000-02, 3-3-2000; amd. 2011 Code)

All prior ordinances are repealed to the full extent of their inconsistency with this title. (Ord. 2000-02, 3-3-2000)

A "vested right" is the right to proceed with development under previous regulations, or the right to proceed under this title, pursuant to a development agreement.

1. Proceedings Prior To Adoption Of This Title: Vested rights to proceed with development initiated prior to the adoption of the Teton development code shall be established only by:
   1. Having obtained a permit for construction of the on site sewage disposal system serving the development in full compliance with the regulations administered by the district 7 health department or Idaho division of environmental quality, or for developments that are not served by an on site sewage disposal system, or are served by an existing on site sewage disposal system, demonstrating that construction was begun before the effective date hereof and has been diligently pursued since it was begun; or
   2. Having recorded a final plat in full compliance with the provisions of the previous regulations. Recording a final plat establishes a vested right to the lot layout and road network of the subdivision. It does not establish a vested right for any particular use or development of any lot.
2. Proceedings Under This Title: Vested rights to proceed with development under the provisions of this title shall be established only by:
   1. Recording a final plat in full compliance with its provisions;
   2. Executing a development agreement in full compliance with its provisions; or
   3. Obtaining a class I or class II permit in full compliance with its provisions. Such vested rights expire with the permit. See TCC 9.10.120 on the duration of permit approvals. (Ord. 2000-02, 3-3-2000)
      

1. Lots: A nonconforming lot is a separate parcel of land that existed on the effective date hereof, but is too small to serve as a site for building in compliance with this title. Nonconforming lots may be developed only as provided herein.
   1. Consolidation of adjacent nonconforming lots to create conforming lots shall be required wherever such lots are in the same ownership. Nonconforming lots that are not subject to consolidation shall be divided only in order to enlarge adjoining, conforming lots. Where such divisions are made in a platted subdivision, an amended plat shall be filed. Otherwise, such divisions shall be exempt from the platting requirements of this title.
   2. Where the only requirement of this title preventing construction of a single-family dwelling on a nonconforming lot that is not subject to consolidation, as required by Paragraph A,1 of this section, is the minimum lot size, the administrator shall issue a class I permit for a single-family dwelling. Where other requirements of this title make construction of a single-family dwelling on such a lot infeasible, the commission shall accept small lot size as the basis for the minimum variances needed to permit construction of a single-family dwelling. Conditions designed to mitigate potentially adverse consequences of development on a small lot may be attached to such variances.
2. Uses And Buildings: A nonconforming use or building is a use or building which was in existence on the effective date hereof, but would not comply with one or more of its requirements if submitted for approval after that date. Nonconforming uses and buildings may continue subject to the rules established herein. While the purpose of these rules is to help eliminate nonconforming uses, it is recognized that routine maintenance and repair and, in some cases, a change of occupancy to another nonconforming use or replacement of a nonconforming building may be necessary to prevent community blight.
   1. Any nonconforming use abandoned for more than eighteen (18) months shall be terminated. Abandonment shall not be measured by the owner's intent, but solely by the fact that the use ceases for a period of eighteen (18) or more months.
   2. There shall be no limit on repair or maintenance activities for nonconforming uses or buildings; provided, that no such activity shall increase the degree of nonconformity.
   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 occupancy. Requests for such changes in nonconforming occupancies shall be processed as applications for class II permits. (Ord. 2000-02, 3-3-2000)
   4. Nonconforming buildings may be replaced, but only where the effect of the replacement is to increase compliance, to the extent feasible, with the specification and performance standards of this title. Requests for replacement of nonconforming buildings shall be processed as applications for class II permits, except that any nonconforming building destroyed by fire or other catastrophe may be replaced without a permit (a permit may be required by the IBC), if the degree of nonconformity is not in any way increased and if the replacement is completed within twelve (12) months of the building's destruction. (Ord. 2000-02, 3-3-2000; amd. 2011 Code)
   5. There are additional limitations on nonconforming uses and buildings in the floodplain overlay zoning district; see TCC 9.20. (Ord. 2000-02, 3-3-2000)
      

When future ordinances, or state or federal law, impose additional standards on activities governed by this title, the most restrictive standard shall apply. (Ord. 2000-02, 3-3-2000)

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 adopted herein, this title shall apply. (Ord. 2000-02, 3-3-2000)

The burden of proof shall, in all proceedings pursuant to this title, rest with the developer. (Ord. 2000-02, 3-3-2000)

All ordinances 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 comprehensive plan. This title is designed for consistency with the comprehensive plan and should be liberally construed to achieve that plan's purposes and intent. (Ord. 2000-02, 3-3-2000)

If any provision of this title is held to be invalid by any court, the remainder shall continue in full force. (Ord. 2000-02, 3-3-2000)