The provisions of this title shall hereafter be known, cited and referred to as the CITY ZONING ORDINANCE OF THE CITY OF FAIRFIELD. (Ord. 254, 1-15-2015)

   A.   Pursuant to the powers and jurisdiction vested through the laws, statutes and regulations of the state of Idaho, the city does hereby exercise the power and authority to adopt zoning and subdivision regulations to regulate development of lands under its jurisdiction. Such regulation of the development of land and the attachment of reasonable conditions to land development is an exercise of valid police power delegated by the state to this city. The developer has the duty of compliance with reasonable conditions laid down by the planning and zoning commission for design, dedication, improvement and restrictive use of the land so as to conform to the physical and economical development of the city and to the safety and general welfare of the future property owners in the subdivision and of the community at large.

   B.   Under the power and authority so vested, the city hereby declares that no building permit or certificate of zoning compliance shall be issued for any parcel or plat of land subject to these regulations nor shall any excavation of, filling of, and/or construction of, any public or private improvements take place or be commenced thereon, except in conformity with these regulations, and no land subject to these regulations shall be subdivided and sold or offered for sale until the owner has obtained approval of a final plat in accordance with these regulations and the approved plat is filed with the county recorder. (Ord. 223, 7-13-2006)

   A.   This title shall apply to all lands and improvements within the corporate city limits.

   B.   This title shall also apply to lands and improvements outside the corporate city limits that:

      1.   Are within the designated "area of impact" and are not incorporated into an active agricultural unit of twenty (20) acres or more. (Ord. 254, 1-15-2015)

      2.   Are under written agreement by past or present owners to be regulated in return for enjoying the benefits of certain services normally available only to in county lands.

   C.   For subdivision regulation only, all lands within city limits and impact area are subject by state law to the city ordinances. (Ord. 223, 7-13-2006)

It is hereby declared to be the policy of the city to consider the development of land within the jurisdiction of the city subject to the control of the city and to adopt development regulations to facilitate accomplishment of the goals and objectives of any comprehensive plans of the city for the orderly, planned, efficient and economical development of the city. It shall be the general policy of the city that:

   A.   All land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace.

   B.   Land shall not be subdivided until all available public facilities and existing improvements have been given proper consideration by the city and proper provision for improvements such as schools, park and recreation facilities, transportation facilities and improvements.

   C.   All existing and proposed public improvements shall conform to, and be properly related to, any proposals shown in a comprehensive plan, official map or capital budget and program of the city. (Ord. 223, 7-13-2006)

Pursuant to the general policy of the city, the regulations of this title are adopted for, but not limited to, the following purposes:

   A.   To protect and provide for the public health, safety and general welfare of the people of the city.

   B.   To guide the future growth and development of the city, in accordance with any comprehensive plan of the city.

   C.   To provide for adequate light, air, and privacy, to secure safety from fire, flood and other danger, and to prevent overcrowding of the land and undue congestion of population.

   D.   To protect and conserve the value of land throughout the city and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings.

   E.   To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, schools, parks, playgrounds, recreation and other public requirements and facilities.

   F.   To provide the most beneficial relationship between the uses of the land and buildings and the circulation of traffic throughout the city, having particular regard to the avoidance of congestion in the streets and highways, and the pedestrian traffic movements appropriate to the various uses of land and buildings, and to provide for the proper location and width of streets and building lines.

   G.   To establish reasonable standards of design and procedures for subdivisions and resubdivisions, in order to further the orderly layout and use of land; and to ensure proper legal descriptions and monumenting of subdivided land.

   H.   To ensure that public facilities are available and will have a sufficient capacity to serve any proposed development.

   I.   To prevent the pollution of air, streams and ponds; to assure the adequacy of drainage facilities; to safeguard the water table; and to encourage the wise use and management of natural resources through the city in order to preserve the integrity, stability and beauty of the community and value of the land.

   J.   To preserve the natural beauty and topography of the city and to ensure appropriate development with regard to these natural features.

   K.   To provide for open spaces through the most efficient design and layout of the land, including the use of average density in providing for minimum width and area of lots, while preserving the density of land as established in this title. (Ord. 223, 7-13-2006)

The administrator shall be responsible for the interpretation of the regulations of this title, and any interpretation and application of the regulations shall be the minimum requirements for the promotion of the public health, safety and general welfare. This is not intended to abrogate any appeal rights provided herein. (Ord. 223, 7-13-2006)

Except as hereinafter provided, no building, structure or land shall hereafter be used and no building or structure or part thereof shall be erected, constructed, reconstructed, repaired, moved or structurally altered except in conformance with the regulations specified in this title for the district in which it is located; nor shall any yard, lot or open space be reduced in dimensions of area to an amount less than the minimum requirements set forth herein. There shall be strict adherence to federal handicap act section 504. (Ord. 223, 7-13-2006)

For the purpose of providing for the public health, safety and general welfare, the city may from time to time amend the provisions imposed by these development regulations. Public hearing on all proposed amendments shall be held by the city in the manner prescribed in chapter 13 of this title. (Ord. 223, 7-13-2006)

   A.   The regulations of this title are not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law. Where any provisions of law conflict, whichever provisions are more restrictive or impose higher standards shall control.

   B.   The regulations of this title are not intended to abrogate any easement, covenant or any other private agreement or restriction; provided, that, where the provisions of this title are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement or restriction, the requirements of this title shall govern. Where the provisions of the easement, covenant or private agreement or restriction impose duties and obligation of this title or the determinations of the city in approving a subdivision or in enforcing this title, and such private provisions are not consistent with this title or determinations thereunder, then such private provisions shall be operative and supplemental to this title and determinations made thereunder, but will not be enforced by the city. (Ord. 223, 7-13-2006)

If any part of any provision of this title or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this title or the application thereof to other persons or circumstances. The city hereby declares that it would have enacted the remainder of this title even without any such part, provision or application. (Ord. 223, 7-13-2006)

This title shall not be construed as abating any action now pending under, or by virtue of, prior existing zoning or subdivision regulations, or as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the city under any section or provision existing at the time of the effective date hereof, or as vacating or annulling any rights obtained by any person, firm or corporation, by lawful action of the city, except as shall be expressly provided for in this title. (Ord. 254, 1-15-2015)

   A.   Filing Of Complaint; Investigation: Whenever a violation of this title occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall fully state the causes and basis of the same and shall be filed with the administrator. The administrator shall properly record such complaint, immediately investigate the same and take such action, or cause the same to be taken thereon, as provided by this title. The city prosecuting attorney shall, in addition to taking whatever criminal action is deemed necessary, take steps to civilly enjoin any violation of this title.

   B.   Violation A Misdemeanor: Any violation of the provisions of this title or any failure to comply with any of its requirements shall constitute a misdemeanor. Each day such violation continues beyond notice shall be a separate offense. The landowner, tenant, subdivider, builder, public official or any other person who commits, participates in, assists in or maintains such continuing violation may be found guilty of a separate offense for each day the violation continues as aforesaid. Nothing herein contained shall prevent the city or any other public official or private citizen from taking such lawful action as is necessary to restrain or prevent any violation of this title or the Idaho Code.

   C.   Nonconformities: Provided, however, that where property has been made nonconforming or where an existing nonconforming use has been increased by the exercise of eminent domain, it shall not be a violation and no penalty, either civil or criminal, shall result. Persons desiring to change or modify the use of said nonconforming properties in a manner which would, but for the exercise for eminent domain, be permitted outright, may apply for a special use permit, which permit may be granted with due consideration given to the health, safety and welfare of the citizens of the city. (Ord. 223, 7-13-2006)

   D.   Penalty Imposed: Any person convicted of a violation of any of the provisions of this title shall be subject to penalty as provided in section 1-4-1 of this code. (Ord. 254, 1-15-2015)