This chapter shall be known, cited and referred to as the "the county unified development code." When referred to in this document, it shall be known as "this chapter."

(Code 2006, ch. 41, art. 1, § 1)

The purposes of this chapter are to:

(1)

Implement comprehensive plan. Implement the goals and objectives of the county comprehensive plan adopted July 19, 2013, by the county board of supervisors, including:

a.

Encourage the long-term viability of agriculture.

b.

Protect private property rights.

c.

Discourage sprawl and promote smart growth.

d.

Provide a choice of housing alternatives.

e.

Protect and conserve natural resources.

f.

Provide for adequate public facilities and services.

g.

Provide for a safe, effective transportation system.

(2)

Incorporate IDO. Incorporate the interim development ordinance adopted July 1, 2002, and as amended August 5, 2002.

(3)

Update ordinances. Unify and update all land development ordinances existing prior to the adoption of the ordinance from which this chapter is derived, including the zoning ordinance, interim development ordinance, subdivision regulations, tower ordinance, floodplain management ordinance, and mobile home park ordinance.

(4)

Police powers. Promote and protect the health, safety and general welfare of the county and its residents.

(5)

Order and consistency. Establish orderly and consistent procedures to plan and oversee development.

(Code 2006, ch. 41, art. 1, § 2)

This chapter is adopted pursuant to the authorization in I.C.A. ch. 335, county zoning, or its successor statutes.

(Code 2006, ch. 41, art. 1, § 3)

The provisions of this chapter shall apply to all land within the jurisdiction of the county.

(Code 2006, ch. 41, art. 1, § 4)

No structure shall be erected, converted, enlarged, reconstructed or altered; no land shall be used or subdivided; and no development permit shall be issued, designated, or approved unless such structure, use or permit complies with the provisions of this chapter.

(Code 2006, ch. 41, art. 1, § 5)

The following rules of construction and interpretation shall apply to this chapter:

(1)

Conflict. To the extent of any conflict between this chapter and any other county ordinance, regulation or code provision, the more restrictive shall be deemed to be controlling.

(2)

Commentary. Throughout this chapter, sections containing commentary, notes and illustrations are included in a separate column from this chapter text. The purpose of the commentary, notes and illustrations is to assist in the administration and interpretation of this chapter, however, they shall not be considered chapter language.

(3)

Section and paragraph titles. Section and paragraph titles appear throughout this chapter. These titles are for ease of use only; they shall not be interpreted as regulatory language.

(Code 2006, ch. 41, art. 1, § 6)

Prior ordinances shall control the review of applications for required permits submitted in full and pending before the enactment of this chapter.

(Code 2006, ch. 41, art. 1, § 7)

If any section, phrase, sentence or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this chapter. The board of supervisors declares that it would have adopted the ordinance from which this chapter is derived and each section, subsection, sentence, clause, phrases or portions thereof, irrespective of the fact that any one or more sections, subsections, phrases or portions be declared invalid or unconstitutional.

(Code 2006, ch. 41, art. 1, § 8)

This chapter repeals and replaces all prior land development ordinances including; the zoning ordinance, interim development ordinance, subdivision regulations, tower ordinance, floodplain management ordinance, and mobile home park ordinance.

(Code 2006, ch. 41, art. 1, § 9)

The county board of supervisors may amend the text of this chapter by ordinance on its own action or by petition, after recommendation by the planning and zoning commission and after public hearing. No amendment to the floodplain regulations in this chapter, however, may be adopted without prior approval from the state department of natural resources.

(Code 2006, ch. 41, art. 1, § 10)

This chapter shall be in full force and take effect from and after the date established upon adoption by the board of supervisors.

(Code 2006, ch. 41, art. 1, § 11)