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COMMENTS?

1. TITLE, AUTHORITY, PURPOSE

1.1. Title: This ordinance shall be known as the “Boundary County Zoning and Subdivision Ordinance,” hereinafter referred to as “ordinance.”

1.2. Authority: This ordinance is adopted and established to keep with and conform to authority granted Boundary County by the State of Idaho, particularly as applicable to Article 1, Section 1, Idaho Constitution; Title 67, Chapter 65, Idaho Code; and Article XII, Section 2, Idaho Constitution, as amended, and to preserve those rights established at Article 1, Section 1, Idaho Constitution.

1.3. Purpose: The purpose of this ordinance is to establish fair, equitable and consistent land use regulations and guidelines so as to promote the health, safety and general welfare of the people of Boundary County and to set minimum and defined standards for land use, development and subdivision applicable to all equally, pursuant to the general guidelines established in the Boundary County Comprehensive Plan, adopted July 21, 2008. The provisions of this ordinance have been designed so as:

1.3.1. To protect the rights of all property owners.

1.3.2. To allow and promote economic development.

1.3.3. To secure safety from fire, flood and other dangers most prevalent within this jurisdiction.

1.3.4. To facilitate the provision of transportation, water, sewage and solid waste disposal, power, school services, parks and other public requirements at minimal cost to the individuals and taxpayers of Boundary County.

1.3.5. To avoid undue concentration of population in areas where the infrastructure is not sufficient to afford comfortable accommodation.

1.3.6. To promote the retention of natural assets and resources deemed essential to the well-being of the community.

1.4. Interpretation: The provisions of this ordinance shall be interpreted to encourage appropriate uses of land within each zone district established.

It is hereby acknowledged that this ordinance cannot and should not attempt to anticipate the myriad possible uses of land which may be proposed within its jurisdiction, as determining the highest and best use of property rests solely with the property owner.

However, it is also recognized that specific uses of land could adversely affect the rights of adjoining property owners to similarly enjoy their use of property, as well as detract from the values enjoyed by the general public as established in the comprehensive plan.

Land uses established herein as conditional or special shall be considered general only, meant only to portray the nature and types of uses deemed suitable for consideration within each zone district.

Except where a specific use is expressly prohibited or where precise bounds or limits are established, lack of specificity shall not preclude nor prohibit consideration.

It shall be the right of every property owner to present and promote what they deem to be the highest and best use of their property, subject to the specific standards established herein applicable to the type of use proposed, and it shall be the duty of the applicant to provide sufficient data and detail as to persuade the deciding body that a proposal conforms to the provisions herein.

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