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CHAPTER 1: TITLE, AUTHORITY, PURPOSE

Section 1: Title: This ordinance shall be known as the "Boundary County Zoning and Subdivision Ordinance," also referred to hereinafter as "ordinance."

Section 2: Authority: This ordinance is adopted pursuant to the authority granted to Boundary County, Idaho, per Title 67, Chapter 65, and Title 50, Chapter 13, of the Idaho Code and per Article 12, Section 2, of the Constitution of the State of Idaho, as amended.

Section 3: Purpose: The purpose of this ordinance is to promote the health, safety and general welfare of the people of Boundary County pursuant to the guidelines established in the Boundary County Comprehensive Plan, published and adopted May 26, 1998.


CHAPTER 2: GENERAL PROVISIONS

Section 1: Construction of Language: When consistent with the text of this ordinance, words in the singular include the plural, words in the plural include the singular and words in the present tense include the future. Words used in this document, except as specified in definitions included where further refinement is necessary, will be derived from definitions provided in the Second College edition of the American Heritage Dictionary, published by Houghton Mifflin.

Section 2: Applicability
A. The provisions of this ordinance apply to all lands situated within the boundaries of Boundary County, Idaho, as established by the State of Idaho. The provisions set forth herein do not pertain to lands situated within the incorporated boundaries of cities located within Boundary County, Idaho.
B. From the effective date of this ordinance, all uses of land and structures erected thereon will conform to the provisions of this ordinance. Uses of land and structures which were lawfully established prior to the effective date of this ordinance and which do not conform to the provisions herein will be subject to the provisions established in Chapter 8 of this ordinance.
C. This ordinance will not be construed to void or impair easements, covenants or other agreements between private parties and/or governmental agencies, but shall set forth minimum standards applicable to all. Where standards set forth in this ordinance impose greater restrictions or higher standards, the provisions of this ordinance shall prevail.

Section 3: Violations and Penalties:

(AMENDED SEPTEMBER 2003)

The violation of any provision of this ordinance shall be deemed a misdemeanor, punishable by a fine not to exceed three hundred dollars ($300), imprisonment in the Boundary County Jail for a period not to exceed six (6) months or both fine and imprisonment. In addition to the criminal penalties set forth above, the Boundary County Prosecuting Attorney, at the direction of the Board of County Commissioners, may take steps necessary to civilly enjoin further violations of this ordinance.


Section 4: Notice of Violation/Enforcement

(AMENDED SEPTEMBER 2003)

A. If the zoning administrator has cause to believe that a violation of this ordinance has occurred or is occurring, a notice of violation will be issued to the owner of record of the property on which alleged violations have occurred.  Notice will be sent by registered mail, return receipt requested, and will include the provisions of this ordinance believed to have been violated, a specific description of the violation, actions which could be taken to remedy the violation, and a date certain, not to exceed ninety (90) days from issuance of the notice, during which steps may be taken to bring about compliance without further enforcement action.

B.  Should actions causing violation of this ordinance be deemed by the Board of County Commissioners to constitute a threat to the health or welfare of citizens of Boundary County, a cease and desist order will be obtained by the Boundary County Prosecuting Attorney to halt such activity pending public review by the Planning and Zoning Commission, the Board of County Commissioners and/or the Boundary County Prosecutor.

C.  If no action is taken by the property owner to bring about compliance with a legally issued notice of violation within the time frame established, or if no attempt has been made to appeal the allegations specified, the zoning administrator shall forward a formal complaint to the Board of County Commissioners with the recommendation that the violation be submitted to the prosecutor for enforcement action.


Section 5: Severability: The provisions of this ordinance are hereby declared to be individually severable. Should any provision of this ordinance be declared invalid by a court of competent jurisdiction, such declaration shall not affect the validity of the remaining provisions.

Section 6: Effective Date: This ordinance shall be in full force and effect upon its passage and following publication in one (1) edition of the Boundary County Newspaper of Record.