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(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)
Pursuant to Idaho Code section 67-6522, the board or commission may combine related applications for the convenience of applicants. If combined applications are authorized, DSD shall establish forms and procedures to combine related applications for the convenience of applicants. Fees for combined permits shall be established through a board resolution as provided in article 4 of this chapter. (Ord. 10-006, 8-16-2010)
Notwithstanding an applicant's fulfillment of all requirements established in this chapter, all existing and future businesses, located within the unincorporated areas of Canyon County, including home occupations, shall obtain and maintain all business licenses required by any federal, state or local laws. (Ord. 10-006, 8-16-2010)
(1) Applicants shall conduct a neighborhood meeting for any proposed variance, conditional use, zoning ordinance map amendment, expansion, or extension of nonconforming uses requiring a public hearing.
(2) It shall be the sole duty of the applicant to provide written notice to all property owners or purchasers of record owning property within six hundred feet (600') of the exterior boundary of the property subject to the application. Notice of a neighborhood meeting shall be in addition to, and not combined with, notices already required by this chapter, and shall include the date, time, location and purpose of the meeting.
(3) The purpose of the neighborhood meeting shall be to review the proposed project and discuss neighborhood concerns, if any.
A. The meeting shall not be on a holiday, a holiday weekend, or the day before a holiday or holiday weekend.
B. The meeting shall be held at one of the following locations:
1. On the property subject to the application;
2. At a nearby available public meeting place including, but not limited to, a fire station, library, school, or community center; or
3. At a location with suitable meeting facilities if such facilities are within a one mile radius of the nearest public meeting place.
(4) The neighborhood meeting shall be conducted prior to acceptance of the application. The neighborhood meeting shall not be conducted earlier than six (6) months prior to the acceptance of the application, and shall be held no sooner than ten (10) calendar days from the mailing of the notice of the neighborhood meeting.
(5) Each application for a public hearing shall include a form acceptable to the director, which requires the applicant to provide the starting and ending times of the neighborhood meeting and an attendance list, with names and addresses of those who attended the neighborhood meeting. (Ord. 10-006, 8-16-2010)
(1) Purpose: The purpose of this chapter is to establish specific zones within Canyon County and define the allowed, permitted and similar/accessory uses within each of the established zones.
(2) Authority: This chapter is also authorized by article 12, section 2 of the Idaho constitution; Idaho Code title 50, chapter 13 and title 67, chapter 65 and sections 31-801 and 31-828. (Ord. 10-006, 8-16-2010)
(1) The boundaries of zones shall be established and clearly indicated upon the zoning map or maps adopted as part of this chapter.
(2) All amendments of the official zoning map or maps shall follow the procedures set forth in article 6 of this chapter.
(3) Areas are to be classified according to the established zoning requirements and such zoning shall give due consideration to the adopted comprehensive plan and its stated goals and objectives. (Ord. 10-006, 8-16-2010)
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