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(A) Short Title: This chapter shall be known as the ZONING ORDINANCE FOR THE CITY OF CASCADE.
(B) Purpose: The purpose of this chapter shall be to promote the health, safety and general welfare of the people of the City by establishing:
1. Zoning districts within the incorporated limits of the City;
2. Procedures for the processing of application for:
(a) Special or conditional use permits.
(b) Variance permits.
(C) Compliance With State Laws: If there is a conflict with State laws different from the provisions of this chapter, compliance with the State law shall be sufficient to give action validity.
(D) Penalty: Any person convicted of a violation of any provision of this chapter shall be fined in a sum of not to exceed three hundred dollars ($300.00), for any offense, and such person may be confined in the County Jail for a period of not more than thirty (30) days. Either or both fine and imprisonment may be imposed. Each day such violation continues shall be considered as a separate offense. (Ord. 529, 11-28-1994)
(E) Establishment Of Zones: The incorporated area of the City is hereby divided into the following zones:
R-I Zone | Low Density Residential |
R-II Zone | Medium Density Residential |
R-III Zone | High Density Residential |
R-IV Zone | Mixed-Use Residential |
RC Zone | Residential/Commercial |
A Zone | Agricultural |
C Zone | Commercial |
I Zone | Industrial |
REC Zone | Recreational |
(Ord. 529, 11-28-1994; amd. Ord. 688, 5-14-2018)
(F) Severability: The provisions of this chapter are hereby declared to be severable and if any provisions or the application of such provisions to any person or circumstances is declared invalid, for any reason, such declaration shall not affect the validity of the remaining portions of the chapter. (Ord. 529, 11-28-1994)
(A) Minimum Requirements: Interpretation and applying the provisions of this chapter shall be held to be the minimum requirements adopted by the City Council for the promotion of the public health, safety, comfort 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. 620, 3-8-2010)
(B) Restoration Of Damaged, Nonconforming Buildings: Any nonconforming building destroyed by fire or other calamity, to an extent of eighty percent (80%) or more of the appraised value, may not be restored unless such restoration shall make the building a conforming building and any intended use shall be a conforming use. Nothing in this chapter shall be construed to prevent restoration and the resumption of former lawful use of any building, that is damaged or practically destroyed, provided that such restoration is started within six (6) months and diligently prosecuted to completion.
(C) Nonconforming Use, Abandonment: Whenever a nonconforming use of land has been discontinued for a continuous period of one year, such use shall not thereafter be reestablished, and the use of such premises thereafter shall be in conformity with the regulations of the zone in which situated.
(D) Interpretation: Nothing in this chapter shall repeal, abrogate, annul or in any way impair or interfere with any provisions of law or any rules and regulation, other than planning and zoning regulations, adopted or issued pursuant to law relating to the construction and use of buildings or premises. Where the chapter imposes greater restriction upon the use of buildings or premises, or upon the height of buildings, than are imposed or are required by other regulations, the provisions of this chapter shall control. Nothing herein shall interfere with, abrogate, or annul any easements, covenants, deed restrictions or other agreements between parties, which impose greater restriction than those imposed by this chapter.
(E) Signs: Signs or sign structures shall be erected in accordance with the Cascade sign ordinance, title 2, chapter 2 of this code.
(F) Recreational Vehicles: Recreational vehicles are primarily designed as temporary living quarters for recreational, camping or travel use, and shall not be used for living quarters longer than two (2) weeks, except in a recreational vehicle park. The storage of a resident's recreational vehicle on his own property is permitted.
(G) Application Of Regulations: Except as herein specified, no building, or part thereof, or other structure shall be located, erected, moved, reconstructed, extended, enlarged or altered, except in conformity with the requirements herein specified for the district in which it is located; nor shall any yard, lot or open space be reduced in dimensions or area to an amount less than the minimum requirements set forth herein.
(H) Division Of Lots: Lots in excess of area requirements for the zone in which they are located, may be further divided as long as each subdivision thereof meets the minimum area requirements. (Ord. 501, 6-26-1992)
(I) Manufactured Home (Formerly Mobile Homes As Defined By Section 39-4105(13), Idaho Code): The intent of this subsection is to establish standards, and regulations governing the location and approval of manufactured homes in the city, and allow a mix of "housing types" and "living styles"; however, this should occur in a manner which will not adversely affect existing neighborhoods. For this reason standards have been set that will regulate the appearance of the manufactured home; allowing only those that are acceptably similar in appearance to the site built dwellings on individual lots in all residential zones.
1. Manufactured homes shall be confined to single-family dwellings within all residential zones, and shall be prohibited in C and I zoning districts, provided such structures meet the development standards for VA (veteran's administration) and HUD (housing and urban development) minimum standards and the mobile home rehabilitation act, chapter 25, title 44, Idaho Code. (Ord. 593, 5-13-2002)
2. Development standards for a manufactured home on an individual lot in all residential zones are as follows:
(a) For R-I and R-II zones shall consist of more than one section, and have a minimum floor area of five hundred (500) square feet per section. For R-III zone, shall consist of at least one section, and have a minimum floor area of seven hundred twenty (720) square feet, exclusive of any cabana or ramada;
(b) Shall have simulated wood or wood siding;
(c) Shall have a foundation fascia that is similar in appearance to masonry foundation of site built dwellings, which surrounds the entire perimeter of the structure and completely encloses the space between the siding and the finished grade;
(d) Shall be permanently affixed, with the running gear and towing hitch removed, to a foundation base having an anchoring system that is totally concealed under the structure;
(e) Shall comply with all other applicable requirements of the zoning district in which the manufactured home is located (such as lot size and setback requirements); and
(f) Attached accessory structure, as permitted in the zoning district in which the manufactured home is located, shall be similar in material and integrated into the design of the manufactured home. (Ord. 664, 4-22-2013)
(A) Creation: There is hereby created a planning and zoning commission consisting of five (5) members, to be appointed by the mayor, and confirmed by a majority vote of the council. The commission shall act in both capacities, with full authority of the council, excluding the authority to adopt ordinances.
(B) Membership:
1. Four (4) members of the commission shall be residents of the city, and shall have resided within the city for three (3) years.
2. The terms of office of each member of the first commission, appointed under this chapter, shall be established by the mayor as follows:
(a) Two (2) members shall be appointed for three (3) years;
(b) Two (2) members shall be appointed for four (4) years;
(c) One member shall be appointed for five (5) years; and
(d) Thereafter, all members shall be appointed for a term of four (4) years.
3. Vacancies occurring, otherwise than through the expiration of terms, shall be filled in the same manner as the original appointment for the unexpired terms of such member(s).
4. Members may be removed for cause by a majority vote of the council.
5. Members shall be selected without respect to political affiliation.
(C) Organization:
1. Each commission shall elect a chairman and create and fill any other office that it may deem necessary; and
2. The commission may establish subcommittees, advisory committees or neighborhood groups to advise and assist in carrying out the responsibilities under this chapter.
(D) Rules: Written organization papers or bylaws consisting with title 67, chapter 65, Idaho Code, and other laws of the state for the transaction of business of the commission shall be adopted.
(E) Records: A record of meetings, hearings, resolutions, studies, findings, permits and actions taken shall be maintained. All meetings and records shall be open to the public.
(F) Meetings: The commission shall hold meetings at least once each month for not less than nine (9) months in a year, and at such other times as may be required. A majority of voting members of the commission shall constitute a quorum.
(G) Expenditures: Only with the approval of the council may the commission receive and expend funds, goods and services from the federal government or agencies and instrumentalities of the state or local government or from civic and private sources or may contract with these entities and provide information and reports as necessary to secure aid.
(H) Staff: Only with the approval of the council may the commission hire employees and technical advisors, including but not limited to planners, engineers, architects and legal assistants. (Ord. 529, 11-28-1994)
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