This title shall be known and entitled as the GEM COUNTY ZONING ORDINANCE, and may be so cited and pleaded. (Ord. 2009-05, 9-28-2009)

This title is adopted pursuant to authority granted by title 67, chapter 65 of the Idaho Code, and article 12, section 2 of the Idaho constitution, as amended or subsequently modified. (Ord. 2009-05, 9-28-2009)

This title, the zones, boundaries and regulations which apply within each of the zones have been made in accordance with a comprehensive plan, which plan and ordinance are designed to protect and promote the health, safety, and general welfare of the community. It is intended, therefore, to:

   A.   Provide protection of property rights by conserving existing uses and controlling future development.

   B.   Provide protection from the menace to the public safety that would result from placement of buildings or other structures in such locations, or in such a manner as to interfere with present or future traffic movement, and to promote beauty along the highways and elsewhere.

   C.   Ensure that adequate public facilities and services are provided to the people at a reasonable cost.

   D.   Ensure that the economy of the county and localities is protected and enhanced.

   E.   Encourage the protection of prime agricultural lands for the production of food, and to foster agriculture and industry together with uses related thereto.

   F.   Ensure that the important environmental features of the county and localities are protected and enhanced.

   G.   Encourage urban and urban type development within incorporated cities.

   H.   Avoid undue concentration of population and overcrowding of the land.

   I.   Ensure that the development of land is commensurate with the physical characteristics of the land.

   J.   Protect life and property in areas subject to natural hazards and disasters.

   K.   Protect fish, wildlife and recreation resources.

   L.   Avoid undue water and air pollution.

   M.   Promote the health, morals, convenience, order, prosperity, and general welfare of the inhabitants of the county.

   N.   Secure safety from fire, flood, traffic hazards and other dangers.

   O.   Ensure public health is protected from diseases resulting from unsanitary, overcrowded conditions.

   P.   Protect the tax base. (Ord. 2009-05, 9-28-2009)

In establishing the zones, the boundaries thereof and the regulations applying within each of the zones, due and careful consideration was given, among other things, to the suitability of land for particular uses with a view toward conserving the value of buildings and land for the best use in encouraging the most appropriate use of land throughout the county. The location of boundaries of cities and any other areas not subject to zoning regulations by the board of county commissioners, together with regulations applying within each city were also considered in preparation of the ordinance codified in this title. (Ord. 2009-05, 9-28-2009)

It is the intent of the board of county commissioners that the regulations and restrictions, as set forth in this title, shall be also interpreted and construed as to further the purpose of this title and objectives and characteristics of the respective zones.

It shall be unlawful for any person to receive a building or zoning permit without first complying with the provisions of this title and any other applicable provisions of this code. (Ord. 2009-05, 9-28-2009)

This title shall be interpreted in its various particulars to equally protect each citizen from the undue encroachment in his private property to the end that within the plan established, each citizen shall have the maximum use of his property without placing undue burden upon that of his neighbor. Every citizen of the county shall at all times have the right to appear in person, or by his attorney or agent, before the commission or board of county commissioners, as the case may be, in the proper order of business and before such commission or board of county commissioners, to freely petition for the relief of an alleged burden created by this title, and to appeal a decision of the commission pursuant to the procedures herein set out to the board of county commissioners and the courts of the state. In the enforcement of this title, it shall be deemed to apply similarly and equally to each person and property in similar circumstances and shall not be enforced to discriminate between one individual and another individual or group as compared to all others similarly situated. (Ord. 2009-05, 9-28-2009)

It is not intended by this title to impair or interfere with other regulations of effective state or local law or with private restrictions of the use of land improvements and structures. Where this title imposes greater restrictions than that imposed by the law or by private restrictions, this title shall prevail. The stricter provisions of health department regulations and other regulations, ordinances and state laws shall apply in the enforcement of this title. (Ord. 2009-05, 9-28-2009)

Except as herein specified, no land, building, structure, or premises shall hereafter be used, and no building or part thereof, or other structure shall be located, erected, moved, reconstructed, extended, enlarged, or altered except in conforming with the requirements herein specified for the zone in which it is located. (Ord. 2009-05, 9-28-2009)

The enactment of this title shall not terminate or otherwise affect the rights, variances and permits acquired or authorized for work that is actively in progress under the provisions of any ordinance hereby repealed. Where a building permit has been issued for the construction of a building or structure, and for an authorized use and occupancy thereof, in accordance with the law prior to the effective date hereof, said building or structure may be completed in conformance with the approved plans and on the basis for which the said building permit has been issued, provided construction of said building or structure is commenced within one hundred twenty (120) days of the effective date of the building permit and diligently prosecuted to completion. (Ord. 2009-05, 9-28-2009)

This title consists of this text and the official zoning map which shall be designated as the Gem County zoning map, is hereby adopted by the board of county commissioners as part of this title. Zoning boundaries shall be interpreted per section 11-3-4 of this title. (Ord. 2009-05, 9-28-2009)