This title shall be known as the BINGHAM COUNTY ZONING ORDINANCE and is hereafter referred to as "this title". (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

This title is adopted pursuant to authority granted by article XII, section 2, Idaho Constitution; and title 67, chapter 65; title 50, chapter 13; and title 31, chapter 8 of the Idaho Code, as amended or subsequently codified. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

The purpose of this title is to promote development of the County in an orderly manner in accordance with the Bingham County Comprehensive Plan, referred to hereafter as the "plan", to protect property rights and the use of property, and to provide standards for orderly development in conformance with Idaho Code section 67-6511 et seq., as amended. It is not the intent of this title to endorse or promote any politically motivated agenda or group except as required by specific State or Federal laws. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

This title applies to the development and use of all lands within the unincorporated area of Bingham County, Idaho, except those portions of tribal land within the exterior boundaries of the Fort Hall Indian Reservation which Bingham County does not have jurisdiction to regulate due to Federal law. All persons, entities and government units, including their political subdivision, shall comply with this title unless specifically exempted by State or Federal law. In the interpretation and application of this title, the provisions contained herein are declared to be minimum requirements. Nothing in this title shall eliminate the need to conform to appropriate State or Federal regulations or the need to obtain any other required permits. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

Should any chapter, section, or provision of this title be declared by the courts to be unconstitutional or invalid, such decisions shall not affect the validity of this title, as a whole or any part thereof, other than the part so declared unconstitutional or invalid. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

Applications pending as of the effective date hereof shall be processed according to the regulations and requirements in effect as of the date the complete application was submitted. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

The prosecution of violations that occurred under previous land use regulations and that remain a violation under this title shall continue until resolved. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)

By separate ordinance, the Board of County Commissioners (Board) may establish fees to defray the costs of processing all applications, renewals and requests for action filed pursuant to this title. All fees shall be established in accordance with Idaho Code section 31-870(1) and Idaho Code section 63-1311A. All such fees shall be payable at the time the application, renewal or request is filed, and funds from the fees shall be deposited in the County's General Fund. Notwithstanding any required fee, only the Board shall have the authority to waive, in whole or in part, any fee established by the Board for an application, renewal or request filed by any governmental agency or persons upon showing just cause. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)