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A. Incorporation: The location and boundaries of each of the zones are shown on the Gem County zoning map, and all boundaries, notations and other data shown thereon are as much a part of this title as if fully described herein.
B. Certification: The zoning map shall be identified by the signature of the chairman of the board of county commissioners, attested by the clerk of the district court, and shall bear the following words:
I hereby certify that this is the official Gem County Zoning Map which was adopted by the Board of County Commissioners of Gem County on the 10th day of October, 1978. Amended accordingly.
(Ord. 2009-05, 9-28-2009)
Within each of the zones, the height, number of stories, and the size of buildings and structures, and percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purposes are hereby regulated and restricted as set forth in this title or as may be amended. (Ord. 2009-05, 9-28-2009)
Where uncertainty exists with respect to the boundaries of zones, the following rules shall apply:
A. Roads Or Lot Lines: Where any such boundary line is indicated as following a road, alley or public way, it shall be construed as following the centerline thereof.
Where a boundary line is indicated as approximately following a lot line or land survey line, such lot or land survey line shall be construed to be such boundary line.
B. Natural Features: Where the indicated boundaries are approximately canal, natural streams, watercourses, or other clearly defined natural features, the centerline of said canal, natural stream, watercourse or natural feature shall be construed to be the zone boundary.
C. Division Of Lots Or Crossing Property: Where a boundary line divides a lot or crosses property, the location of such boundary shall be indicated upon the zoning map. The zone in which a majority of the property is located shall be considered the zone for the whole property.
D. Vacation Of Street Or Road: Whenever a street or road is vacated and that street or road has not been given a zone classification, the land of the vacated street or road shall have the same zone classification as the land adjacent, or abutting land owned, or on the same side of the centerline of former street or road to whom such land reverts, or in whom said land becomes vested by operation of law or otherwise.
E. Excluded Small Parcels: In every case where small parcels of territory have not been specifically included within a zone through errors in legal description, or where territory becomes a part of the unincorporated area of the county by the disincorporation of any city, such territory shall automatically retain its existing use classification until otherwise classified but not to exceed a period of six (6) months following discovery.
F. Conflict: In case of conflict between the text and the maps of this title, the maps shall prevail. In case of a conflict between the provisions of the various sections of the text of this title, the most stringent provisions shall prevail.
G. Interpretation By Administrator: Where other uncertainty exists, the administrator shall interpret the map. (Ord. 2009-05, 9-28-2009)
Except as otherwise provided herein, land, buildings and premises in any zone shall hereafter be used only in accordance with the regulations herein established for that zone and the following general provisions:
A. Buildings: No building shall hereafter be erected, constructed, relocated or structurally altered to have a greater height, proportion of coverage or smaller yards or open spaces about it than permissible under the limitations set forth herein for the zone in which such buildings are located.
B. Reduction Below Minimum Requirements: No yards, open spaces or off street parking space or loading space existing or provided hereafter about any building shall be reduced below the minimum requirements hereinafter set forth for such open space, parking space or loading space, or further reduced if already less than said minimum requirements.
C. Use To Meet Requirements Of Another Lot: No open space, yard or off street parking space or loading space existing or hereafter provided for a building or use and necessary to meet or partially meet the requirements of this title shall be considered as all or part of the yard, open space, off street parking space or loading space required for any other building or upon any other lot.
D. Reduction Of Lot: No lot held under one ownership at the effective date of this title shall be reduced in dimension or area in relation to any building thereon so as to be smaller than required by this title, and if already less, the dimension or area of such lot shall not be further reduced.
E. Easements: If any development, building or structure shall be over any recorded easement, a letter of approval from the grantee of said easement must be submitted with the plan specifying that said development, building or structure does not infringe upon said easement.
F. Residential Area Use: No facilities or use can be permitted in residential areas unless it is clearly demonstrated that the proposed use will not result in smoke, dirt, litter, smog, air or water pollution, excessive noise or offensive odors beyond the limits of the facility.
G. Fire Insurance: The ability to obtain fire insurance shall not be a requirement for obtaining a permit in the county.
H. Crossings, Culverts, Pipelines, Bridges: Crossings, culverts, pipelines and bridges placed in irrigation canals or drain ditches must receive prior approval from the respective ditch or canal company before installation.
I. Irrigation Water: Developers must follow proper regulations to ensure that irrigation water and irrigation return flows are properly conveyed to the water user. Before any property, which is located partially or wholly within any irrigation district, may be subdivided, the landowner shall provide to the administrator a certification from the appropriate irrigation district that the landowner has made arrangements to provide for the continued delivery of water to each new parcel.
J. Variance: Variances will only be granted in accordance with section 11-13-2 of this title.
K. Ditch Company, Drain Ditch Roads: Ditch company or drain ditch roads will not be used for access to a development site or residential construction.
L. Driveway Permit: Applications for new construction must have a driveway permit from the county road and bridge department before a building permit can be issued.
M. Restroom Facilities: Any construction site that does not have restroom facilities available must provide on site portable toilets during the construction period. (Ord. 2009-05, 9-28-2009)
A. The purpose of agricultural zones is to retain the economic base that identifies Gem County by protecting the good productive lands for agricultural purposes by identifying farmlands and farming operations in those unincorporated portions of the county not likely to undergo intensive urban development.
B. Such farmlands are subject to pertinent regulations of Gem County and the state of Idaho, provided that the exemptions are complied with, as applied to agricultural lands, as recited in section 67-6529, Idaho Code:
No power granted hereby shall be construed to empower the Board of County Commissioners to enact any ordinance or resolution which deprives any owner of full and complete use of agricultural land for production of any agricultural product.
C. All persons who purchase residential dwellings or other property located in the unincorporated areas of Gem County subsequent to the date of the adoption of this section, shall specifically waive any nuisance claim they may have against any agricultural operation, including animal confinements, at the time of closing on said property. For the purpose of this section, a nuisance includes, but is not limited to, flies, odors, and all noises, tractor operations or other operations which may be found to be annoying, unpleasant, or obnoxious. This waiver shall not apply to any nuisances which are also a violation of Idaho state law. The waiver must be signed and recorded with the Gem County recorder at the time of closing on the property. (Ord. 2009-05, 9-28-2009)
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