This title shall be known as the "Zoning Ordinance of the County of Nez Perce."

(Ord. No. 72rr, § 1.1, 1-9-2017)

This title amends and replaces former county Ordinance Number 72 and all former amendments to the same.

(Ord. No. 72rr, § 1.2, 1-9-2017)

The ordinance from which this title is derived is adopted pursuant to the authority conferred by article XII, section 2 of the state constitution, and by Idaho Code, title 31, chapters 6, 7, and 8, and title 67, chapter 65 (Idaho Code, §§ 31-601 et seq., 31-701 et seq., 31-801 et seq. and 67-6501 et seq.). Authority for administration and interpretation of this title lies with the zoning official, except for appeals of zoning official determinations and planning and zoning commission and board considerations of zoning permits authorized by this title. The board shall have final decision-making authority on changes to the map and text of this title and on any matter appealed to them, as allowed by this title. The planning and zoning commission shall have jurisdiction and authority as follows:

(1)

To conduct a comprehensive planning process; to prepare a comprehensive plan as required by Idaho Code, title 67, chapter 65 (Idaho Code, § 67-6501 et seq.); to recommend its adoption by the board; to prepare implementing measures; and to review and update the comprehensive plan as necessary.

(2)

To receive and act upon applications for actions authorized and specified herein.

(3)

To hold public hearings on applications for variances, conditional use permits, comprehensive plan amendments, and proposed zoning amendments.

(4)

To determine the classification of use not specifically mentioned in this title. Such determination shall be based upon a detailed description of the proposed use, and such other information as may be required.

(5)

To provide and maintain a continuing program of public information on planning and zoning matters, including reasons or grounds for actions taken.

(6)

To make recommendations to the board regarding requests for zoning and comprehensive plan amendments, including those specified in Idaho Code, §§ 67-6502 and 67-6508.

(Ord. No. 72rr, § 1.3, 1-9-2017)

The purpose of this title is to promote the orderly development of the county according to the county comprehensive plan; to conserve and stabilize the value of property; and otherwise to promote the public health, safety, and general welfare of the community per the policies set forth in Idaho Code, § 67-6502. The title will be restrictive, yet, conditional use permits may be granted for land uses as appropriate.

(Ord. No. 72rr, § 1.4, 1-9-2017)

This title shall apply to all property located outside the designated boundaries of the cities of Culdesac, Lapwai, Peck, and Lewiston, in the county, and the area of city impact as has been previously or hereinafter adopted by the respective governing bodies for the City of Lewiston and the county, but will not apply to land held under federal trust for the Nez Perce Indian Tribe, nor Indian-owned land.

(Ord. No. 72rr, § 1.5, 1-9-2017)

Land and/or structures subject to the authority of this title may be constructed, reconstructed, placed, replaced, altered, occupied, or used only as this title permits through the required minimum standards and review and approval procedures.

(Ord. No. 72rr, § 1.6, 1-9-2017)

No minimum lot dimension, yard, building height, landscape buffer, off-road parking dimension or any other minimum standard required by this title, existing on or after September 5, 1990, shall be reduced below the minimum requirements of this title, except by explicit approval of the zoning official or appropriate hearing body through a recognized procedure of this title.

(Ord. No. 72rr, § 1.7, 1-9-2017)

Determinations of interpretation of this zoning title shall be the responsibility of the zoning official, subject to appeal to the planning and zoning commission and/or county board as specified in chapter 110.40. Where the conditions imposed by any provision of this title are less restrictive than comparable conditions imposed by any other provision of this title, or any other applicable regulation, the provision that is more restrictive shall govern.

(Ord. No. 72rr, § 1.8, 1-9-2017)

Fees established and amended from time to time by resolution of the board shall be filed with the planning and building services department for applications and requests governed by this title. Applications and requests shall not be accepted without the appropriate filing fees.

(Ord. No. 72rr, § 1.10, 1-9-2017)

It shall be unlawful for an owner to use or to permit the use of any structure, building, land or part thereof hereafter created, erected, changed, converted, or enlarged, wholly or partly, until a zoning certificate, which may be a part of the building permit, has been issued by the zoning official.

(Ord. No. 72rr, § 1.11, 1-9-2017)

Prior to start of construction, reconstruction, or establishment of any use or structure regulated by this title, plans including, but not limited to, site plans, floor plans, and elevation drawings, may be required by the zoning official for approval. Plans shall be drawn to scale and represent details as necessary to determine compliance with the provisions of this title.

(Ord. No. 72rr, § 1.12, 1-9-2017)