A. Scope: This title shall apply to the unincorporated areas of the county except where an impact area agreement has been negotiated in accordance with Idaho Code section 67-6526.
B. Interpretation: In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. Where this title imposes a greater restriction upon the use of buildings or land, or upon the height of buildings or requires larger open spaces than are imposed or required by the other ordinances, rules, regulations, easements, covenants or agreements, the provisions of this title shall control.
C. Application Of Provisions:
1. In addition to the restrictions imposed upon the uses in the various classes of zones, no facility or use shall be permitted near residential areas unless it is clearly demonstrated that:
a. The proposed use will not result in smoke, dirt, glare, smog, air pollution, excessive noise, financial damages, offensive odors or water pollution beyond the limits as defined by the environmental protection agency or the state department of health and welfare.
b. The user can and will comply with such screening and setback requirements that may be required by the commission.
2. No building shall be erected, nor shall any existing building be altered, added to or enlarged, nor shall any land, building or premises be used, designated or intended to be used for any purpose or in any manner other than is included among the uses herein listed as permitted in the zone in which such building, land or premises is located; except as otherwise provided in chapter 10 of this title.
3. No building shall be erected, reconstructed or structurally altered to exceed in height the limit herein designated for the zone in which such building is located.
4. No building shall be erected, nor shall any existing building be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, building site area and building location regulations herein designated for the zone in which such building or open space is located.
5. No lawn, yard or other space provided about any building for the purpose of complying with provisions of this title shall be considered as providing a lawn, yard or other open space for any other building. (Ord. 51, 9-2-2003)
6. Under no circumstances shall flashing lights of high intensity (other than safety lights installed by a local highway jurisdiction within their right of way), be allowed within one hundred feet (100') of any property line. (Ord. 77, 12-29-2014)
7. The provisions of this title shall not apply to concrete ditches, pipelines, fences, wells or other similar improvements and where the land is used exclusively for agricultural purposes. Further, the provisions of this title shall not apply to farm and ranch buildings which are not located within fifteen feet (15') of any property line or boundary (other than when said property line or boundary is a public road or street right of way) or within forty feet (40') of any public road or street right of way.
8. An original lot, tract or parcel may not be divided into more than four (4) parts for the purpose of transfer of ownership or development, unless it is an approved subdivision and complies with the provisions of title 6 of this code.
9. Whenever any uncertainty exists as for the boundary of any zone shown on any zoning map, the following rules shall apply:
a. Where any such boundary line is indicated as following a street, alley or public way, it shall be construed as following the centerline thereof.
b. Where a boundary line is indicated as approximately following a lot line, such lot line shall be construed to be such boundary line.
c. Where a boundary line divides a lot or crosses unsubdivided property, the location of such boundary shall be indicated upon the zoning map.
d. Whenever a recorded legal description exists, it shall determine boundaries.
10. In considering any development application under this code, the commission shall consider the following questions to ensure the protection of private property rights under Idaho Code:
a. Does the regulation or action result in the permanent or temporary physical occupation of the property?
b. Does the regulation or action require a property owner to dedicate a portion of property or grant an easement?
c. Does the regulation deprive the owner of all economically viable uses of the property?
d. Does the regulation have a significant impact on the landowner's economic interest?
e. Does the regulation deny a fundamental attribute of ownership?
f. Does the regulation serve the same purpose that would be served by directly prohibiting the use or action; and does the condition imposed substantially advance that purpose? (Ord. 51, 9-2-2003)