CITY OF EAST HOPE

| October 13, 2007 9:00 PM

ORDINANCE NUMBER 242

AN ORDINANCE OF THE CITY OF EAST HOPE, IDAHO AMENDING ORDINANCE NUMBER 218 ARTICLE 3,SECTION 3-4; ADOPTING REVISED SHORELINE ZONE USE REGULATIONS INCLUDING PERMITTED USES, CONDITIONAL USES, STANDARDS AND INTERPETATION OF USES; PROVIDING FOR REVIEW BY THE PLANNING AND ZONING ADMINISTRATOR; PROVIDING A SEVERABLITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE AND PUBLICATION THEREOF.

WHEREAS, the City of East Hope previously adopted on November 19, 1990, Ordinance No. 218 and subsequent amendments, which constituted its prior zoning ordinance; and

WHEREAS, changes within the City of East Hope have made it necessary and desirable to amend its prior zoning ordinance; and

WHEREAS, such amendment should consider the public interest in the environmental quality of Lake Pend Oreille and preserving the visual aesthetics of the shoreline when establishing shoreline area land use regulations; and

WHEREAS, such amendment should also consider private property rights as set forth at 67-6508(a), Idaho Code; and

WHEREAS, pursuant to Section 67-6511, Idaho Code, the City of East Hope is amending its prior zoning ordinance in accordance with the notice and hearing procedures provided under Section 67-6509, Idaho Code;

NOW, THEREFORE, BE IT ORDAINED by the mayor and city council of the City of East Hope, Idaho that:

SECTION 1: AMENDMENT OF SHORELINE ZONE PROVISIONS

Ordinance No. 218, Chapter 3, Section 3-4, is hereby amended in its entirety to read as follows:

SECTION 3-4: SHORELINE ZONE:

A. USE REGULATIONS:

(1) PERMITTED USES: Single-family dwelling and accessory buildings limited to storage space for items incidental to the permitted use are permitted outright in the shoreline zone.

(2) CONDITIONAL USES: The following uses are allowed subject to the granting of a conditional use permit pursuant to the provisions of this ordinance, and subject to all other applicable regulations:

(a) Public and private schools

(b) Community assembly.

(d) Duplex

(e) Book or stationary store, specifically excluding adult bookstores.

(f) Convention centers.

(g) Gas or service stations providing for the retail sale on the premises of motor vehicle fuel and other petroleum products and automobile accessories.

(h) Hardware store.

(i) Hotel.

(j) Marinas.

(k) Motels.

(l) Restaurants.

(m) Convenience stores.

(n) Uses customarily incidental to any of the above uses and accessory buildings when located on the same lot.

(o) Municipally-owned buildings.

(p) Police and/or fire stations.

(q) Guesthouse.

(3) INTERPRETATION OF USES: A use similar to, but not specifically listed in subsections (1) and (2) of this section, shall be interpreted by the city council as to the suitability of such use as a conditional use in the shoreline zone.

(4) STANDARDS: All buildings and structures shall be subject to a minimum setback of fifty (50) feet from the artificial high water mark of Lake Pend Oreille, and shall comply with the following standards:

(a) Setback requirements:

(1) Front -12 ft.

(2) Side -10 ft. on each side

(3) Lakeside - 50 ft.

(b) Maximum building height - 35 ft.

(d) Sign Limitations - Refer to Article 6, "Sign Regulations & Limitations".

All business and service stores, shops or businesses shall be conducted wholly within completely enclosed buildings, except for automobile parking and off-street parking, loading areas.

B. REVIEW BY PLANNING AND ZONING ADMINISTRATOR:

Within the shoreline zone any application for a building permit for any accessory building or structure, or addition to an existing structure which does not require structural alteration, and which is 200 square feet or larger, shall be required to be reviewed, and either approved or denied, by the planning and zoning administrator. An oral report on building activity for the past month shall be presented to the city council at the next regular-scheduled meeting.

SECTION 2: SEVERABILITY CLAUSE:

The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections.

SECTION 3: EFFECTIVE DATE AND PUBLICATION

This ordinance shall take effect upon its publication in full or in summary in one issue of the Bonner County Daily Bee, which is hereby declared to be the official newspaper of the City of East Hope for the publication of this ordinance.

Passed by the city council, and approved by the mayor, under suspension of the rules as an ordinance of the City of East Hope, Bonner County, Idaho at a regular meeting of the East Hope City Council held on October 9, 2007.

Council Member

Paul Madden Yea Ray Lucky Yea Fran Schuck Yea Trecy Carpenter Yea

APPROVED:

Lawrence G. Moon, Jr., Mayor

ATTEST:

Christie Franck, City Clerk

Legal SNP 9030

October 13, 2007