This Title shall be known as the Zoning Title of the City of New Plymouth, County of Payette, State of Idaho. This Title shall consist of the text herein contained as well as that certain map identified by the signatures of the Mayor and City Council, or majority thereof, and shall be marked and designated as the Zoning Map of New Plymouth, Idaho, which map shall be on file in the office of the City Clerk. Said map has heretofore been examined by the Mayor and City Council and is hereby adopted as a part of this Title.

This Title is adopted pursuant to the 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.

The purpose of this act shall be to promote the health, safety and general welfare of the people of the State as follows:

   (A)   To protect property rights and enhance property values.

   (B)   To ensure that adequate public facilities and services are provided to the people at reasonable cost.

   (C)   To ensure that the economy of the State and localities is protected and enhanced.

   (D)   To ensure that the important environmental features of the State and localities are protected and enhanced.

   (E)   To encourage the protection of prime agricultural, forestry, and mining lands for production of food, fibre and minerals.

   (F)   To encourage urban and urban-type development within incorporated cities.

   (G)   To avoid undue concentration of population and overcrowding of land.

   (H)   To ensure that the development of land is commensurate with the physical characteristics of the land.

   (I)   To protect life and property in areas subject to natural hazards and disasters.

   (J)   To protect fish, wildlife, and recreation resources.

   (K)   To avoid undue water and air pollution.

This Title applies to the zoning and uses of land within the incorporated area of the City, together with the unincorporated area of Payette County, Idaho, as the same is included within the City's adopted impact area.

In their interpretation and application, the provisions of this Title are minimum requirements, adopted for the promotion of the public health, safety and the general welfare. Whenever the requirements of this Title may be exercised concurrently with the requirements of any other lawfully adopted rules, regulations, ordinances or resolutions, the ordinance, rule, regulation or resolution imposing the most restrictive standard shall govern.

Prior to issuing any permits, the City Council, Commission or Administrator will require an applicant to have all permits required by other affected departments, authorities or regulatory agencies.

Should any section, chapter, provision or provisions of this Title be declared by the courts 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.

All ordinances or parts of ordinances in conflict with this Title or inconsistent with the provisions of this Title are hereby repealed to the extent necessary to give this Title full force and effect.

This Title may be amended by following the notice and hearing provisions set forth in section 67-6509, Idaho Code.

On any matter or application presented wherein any time limit is set in which the Board, Commission or Administrator is required to take any action, should the Board, Commission or Administrator fail to act within the required time period, on the last day allowed for action, any request for action is denied. Any Board or Commission acting pursuant to this Section will have fifteen (15) days after denial to comply with section 67-6519, Idaho Code.

No matter will be considered or acted upon until an application approved by the Administrator is properly submitted. In the event an applicant or Commission, Board or Administrator finds or desires that additional information is needed or that additional studies are required, any time limitations imposed upon the Commission, Board or Administrator are suspended until the studies are completed.

In all matters where written notice or a hearing is required, the Commission or Board will comply with the writing and recording requirements of sections 67-6535 and 67-6536, Idaho Code.

In the event of any ambiguity in the words contained in this Title, it shall be interpreted and construed in favor of the purposes of this Title.

For the purpose of this Title the Municipality shall be and is hereby divided into zoning districts as follows:

   ZONE "A"   Residence Zone

   ZONE "B"   Residence Zone

   ZONE "C"   Residence Zone

   ZONE "D"   Commercial Zone

   ZONE "E"   Industrial Zone

   ZONE "T"   Mobile Home Zone

   ZONE "R"   Agricultural Zone

The boundaries of the zones as designated by this Title shall be established and clearly marked upon the Zoning Map as adopted in this Title, provided, that public hearings shall be held by the governing body before establishment and approval of said zones. (Ord., 5-7-84)