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Blaine County Unincorporated
City Zoning Code

CHAPTER 1

TITLE, PURPOSE, INTERPRETATION AND ENACTMENT

9-1-1: TITLE:

This title shall be known and may be cited to as the BLAINE COUNTY ZONING ORDINANCE. (Ord. 77-5, 3-28-1977, eff. 4-7-1977)

9-1-2: AUTHORITY AND PURPOSE:

This title is adopted pursuant to authority granted to Idaho Code, section 67-6501 et seq., and article 12, section 2 of the Idaho Constitution. It is enacted for the purpose of promoting public health, safety, morals, comfort and general welfare; to conserve and protect property and property values; to secure the most appropriate use of lands; to control the density of population; to prevent undue traffic congestion, to preserve the scenic and aesthetic values of Blaine County, to assure the economical provision of adequate public improvements, and to implement the policies set forth in the Blaine County Comprehensive Plan. The encouragement of planned unit developments through use of density incentives is fundamental to this title. (Ord. 77-5, 3-28-1977, eff. 4-7-1977)

9-1-3: PROVISIONS DECLARED TO BE MINIMUM REQUIREMENTS:

In their interpretation and application, the provisions of this title shall be held to be minimum requirements. Except where explicitly provided, whenever the requirements of this title conflict with the requirements of any other lawfully adopted rules, regulations, ordinances, or resolutions, the most restrictive rules or those imposing the higher standards shall govern. (Ord. 2018-03, 2-13-2018)

9-1-4: PRESERVATION OF PRIVATE PROPERTY RIGHTS:

This title shall be interpreted to equally protect each citizen from the undue encroachment on such citizen's private property by his or her neighbors' use of his or her own private property. Each citizen shall have a reasonable use of his or her property, as guaranteed by the United States Constitution, without placing undue burden upon his or her neighbor. Every citizen of Blaine County shall at all times have the right to appear in person or by his or her agent before the commission or Board to freely petition for the relief of an alleged burden created by this title, and to appeal any decision of the Administrator or commission pursuant to the procedure stated herein. The enforcement of this title shall apply equally to each person and property in the similar circumstances. (Ord. 2006-15, 10-26-2006; Ord. 77-5, 3-28-1977, eff. 4-7-1977)

9-1-5: PROHIBITED USES:

All uses not permitted under the terms of this title are prohibited. (Ord. 77-5, 3-28-1977, eff. 4-7-1977)

9-1-6: SEPARABILITY CLAUSE:

Should any chapter, section or provision of this title be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of this title as a whole or any part thereof other than the part so declared to be unconstitutional or invalid. (Ord. 77-5, 3-28-1977, eff. 4-7-1977)