A. Language:
1. Terminology: When used in this title, 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.
2. Number Of Days: Whenever a number of days is specified in this title, or in any permit, condition of approval, or notice issued or given as provided in this title, the number of days shall be construed as calendar days, except that such time limits shall extend to the following working day when the last of the specified number of days falls on a weekend or city holiday.
3. Minimum Requirements: When interpreting and applying the regulations of this title, all regulations shall be considered to be minimum requirements, unless stated otherwise. Proposed uses shall comply with all applicable regulations and standards unless specifically exempt elsewhere in this title.
4. Defined Terms: Terms defined in section 10-3-2 of this chapter shall have their defined meaning when used elsewhere in this title. For the purpose of readability and clarity, such terms are not shown in initial caps.
5. Section Headings: Section headings or captions are for reference purposes only and shall not be used in the interpretation of this title.
6. References: All references to state or federal laws and/or regulations shall refer to such laws and/or regulations as they may be amended over time. (1984 Code § 11-1-6)
B. Measurements:
1. Structure height shall be measured in accordance with the adopted building code, as set forth in title 9, chapter 1 of this code. (1984 Code § 11-1-6; amd. 2014 Code)
2. 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 customer entrance of the proposed use to the nearest property line of the specified use.
C. Conflicting Regulations:
1. In case of conflict between the text and the maps of this title, the maps shall prevail.
2. If conflicts occur between different regulations of this title, or between this title and other regulations of this code, the most restrictive regulation shall apply.
3. It is not intended that this title interfere with, abrogate or annul any easements, covenants or other agreements between parties; however, where this title 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 title shall govern.
D. Allowed Uses: If a proposed use of property is not specifically listed in "district regulations" of this title, the use shall be prohibited, except as follows: The zoning administrator may determine that a proposed use not listed in "district regulations" of this title is equivalent to a principal permitted or conditional use. In making the determination, the zoning administrator shall consider the following:
1. The impacts on public services and activities associated with the proposed use are substantially similar to those of one or more of the uses listed in the applicable base districts as allowed;
2. The proposed use shall not involve a higher level of activity or density than one or more of the uses listed in the applicable base districts as allowed;
3. The proposed use is within the same three (3) digit category of an allowed use listed in the latest edition of the "North American Industry Classification System (NAICS)", published by the United States Department of Commerce;
4. The proposed use is consistent with the purpose of the district in which the use is proposed to be located; and
5. The proposed use is in substantial conformance with goals and objectives of the Comprehensive Plan. (1984 Code § 11-1-6)
E. Surveys: It is important when providing a control network for future geo referenced mapping and surveying to establish accurate bench marks.
1. Geographic Information System (GIS): GIS will be used to store and manipulate data obtained from NAD, SPC and NAVD88 measurements to provide accurate surveying and mapping geographic information for analysis and visualization purposes.
2. Survey References: Accepted survey references include:
a. North American Datum (NAD)(83) for horizontal control. It is used to locate horizontal reference points. (83) is an accepted version, however there are more current versions of the NAD that may be used.
b. Idaho State Plane Coordinates (SPC), West Zone. It is used in coordination with NAD to specify locations in our local geographic zone for more accurate horizontal control.
c. North American Vertical Datum of 1988 (NAVD88) - for vertical control. This is a fixed elevation measurement used to define the height of a topographic point.
3. New Mapping Or Surveying Plans: All new mapping or surveying plans shall reference at least two (2) points on the NAD (83) or most current version, and/or Idaho State Plane West Zone Coordinates for Horizontal Control and shall be tied to the NAVD 88 or the most current accepted Vertical Control. (Vertical Control is expected to be updated in the future.)
4. Control Monuments: All subdivisions shall have a minimum of two (2) control monuments within the subdivision with NAD (83) coordinates and NAVD 88 elevations. (Ord. 640, 5-14-2018)