CHAPTER 7
ZONING REGULATIONS
ZONING REGULATIONS
ARTICLE 1
GENERAL REGULATIONS
GENERAL REGULATIONS
SECTION:
07-01-01: Title
07-01-03: Authority
07-01-05: Applicability
07-01-07: Amending Effect
07-01-09: Interpretation
07-01-11: Combining Applications
07-01-13: Business Licenses
07-01-15: Neighborhood Meetings
07-01-17: Purpose And Authority Of Chapter
07-01-19: Provisions For Official Zoning Maps
07-01-21: Disincorporation
07-01-23: Errors In Legal Descriptions
07-01-25: References
This chapter applies to the development and use of all land within the unincorporated area of Canyon County, Idaho.
(1) No person shall construct, alter, move, or change the use of a structure or commence any development or use, unless otherwise preempted by federal, state, or local law, unless:
A. The proposed use, structure, or division of property complies with this chapter.
B. Any approval required by this chapter is first obtained and any applicable conditions of approval are met.
(2) Nothing in this chapter shall eliminate the need for obtaining any other required permits, including, but not limited to, permits required by the Canyon County building code or any permit, approval, or entitlement required by other ordinances contained in this code, other political subdivisions of the state of Idaho, the state of Idaho, or the federal government.
(3) The prosecution of violations that occurred under previous land use/subdivision flood hazard areas regulations, and that remain a violation under this chapter, shall continue until resolved. This includes any pending enforcement action whether it be administrative, civil or criminal.
(4) All applications shall be processed according to the regulations and requirements in effect on the date the director accepted the application. (Ord. 10-006, 8-16-2010)
(1) Language:
A. Terminology: When used in this chapter, all words used in the present tense shall include the future; words used in the singular number shall include the plural number and the plural the singular, unless the natural construction of the sentence indicates otherwise. The word "shall" is mandatory, and the word "may" is permissive. The masculine includes the feminine. All words shall be given their plain and ordinary meaning, unless the natural construction of the sentence dictates otherwise.
B. Number Of Days: Computation of time shall be as provided by Idaho rule of civil procedure 6(a).
C. Minimum Requirements: When interpreting and applying the regulations of this chapter, all regulations shall be considered to be minimum requirements, unless stated otherwise. Proposed uses shall comply with all applicable regulations and standards unless specifically exempted elsewhere in this chapter.
D. Section Headings: Section headings or captions are for reference purposes only and shall not be used in the interpretation of this chapter.
E. References: All references to state or federal laws, rules and/or regulations, or county laws and/or regulations and/or maps shall refer to such laws and/or regulations as they may be amended over time.
(2) Measurements:
A. Linear distance shall be measured in a horizontal line; it shall not be measured along an inclined surface or line. For uses that have a separation standard, the distance shall be measured from the nearest point of the proposed use to the nearest property line of the specified use. The measurement is to be conducted in a radial fashion by the specified number of feet (e.g., 300 feet, 1,000 feet).
B. Structure height shall be measured as the vertical distance from the average contact ground level at the front wall of a building to the highest point of the coping of a flat roof, the deck line of a mansard roof, or the average height of the highest gable of a pitch or hip roof. (Ord. 15-009, 4-23-2015)
(3) Zoning District Boundaries: The following rules shall be used to resolve uncertainties:
A. Where a zoning district boundary approximately follows a property line, such property line shall be construed as the zoning district boundary except when the property line is changed subsequent to zoning approval.
B. Where a zoning district boundary approximately follows a road or railroad line, such road, railroad line, or the extension of such line, shall be construed as the district boundary. Where a road is officially vacated and that road has not been given a zoning designation, the land that was formerly in the vacated road shall have the same designation as the abutting property on either side of the centerline of the vacated road.
C. Where a zoning district boundary approximately follows a watercourse, the centerline of the watercourse shall be construed to be such boundary. In the event of a change in the watercourse, the centerline shall be construed as moving with the actual watercourse.
(4) Conflicting Regulations: If conflicts occur between different regulations of this chapter, or between this chapter and other regulations of this code, the most restrictive provision shall apply.
A. In case of conflict between the zoning ordinance text and the official zoning district-boundary maps of this chapter, the maps shall prevail.
B. Where this chapter imposes a greater restriction upon the use of structures or premises or upon the height of structures, or requires larger space than is imposed or required by ordinances, rules or regulations, or by easements, covenants, or agreements, the regulations of this chapter shall also govern. (Ord. 10-006, 8-16-2010)
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