A.   Title: This title may be cited as the ZONING ORDINANCE OF PAYETTE COUNTY, IDAHO.

   B.   Purposes:

      1.   To encourage and facilitate the orderly growth and development of the county.

      2.   To protect property rights and preserve property values within the restrictions imposed by this title.

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

      4.   To ensure that the economy of the state and localities is protected and enhanced.

      5.   To ensure that the important environmental features of the state and localities are protected and enhanced.

      6.   To encourage the protection of prime agricultural, and mining lands for production of food, fiber and minerals.

      7.   To encourage urban and urban type development within incorporated cities.

      8.   To avoid undue concentration of population and overcrowding of land.

      9.   To ensure that the development of land is commensurate with the physical characteristics of the land.

      10.   To protect life and property in areas subject to natural hazards and disasters.

      11.   To protect fish, wildlife and recreation resources.

      12.   To avoid undue water, noise and air pollution. (Ord. 57, 4-18-1988)

This zoning title is adopted pursuant to authority granted by Idaho Code, title 67, chapter 65, and article 12, section 2 of the Idaho constitution, as amended or subsequently modified. (Ord. 57, 4-18-1988)

   A.   This title applies to the zoning and uses of land within the unincorporated area of Payette County. (Ord. 2009-03, 6-15-2009)

   B.   Any development shall be done in accordance with standards in existence at the time the development takes place. (Ord. 57, 4-18-1988)

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. (Ord. 57, 4-18-1988)

Prior to issuing any permit, the board of county commissioners, planning and zoning commission, planning and zoning administrator, or building official will require an applicant to have all permits required by other affected departments, authorities or regulatory agencies. (Ord. 2009-03, 6-15-2009)

   A.   Interpretation; Application: This title shall be interpreted to protect citizens from undue encroachment of noncompatible uses. This title 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 or other individuals or other groups as compared to all others.

   B.   Private Restrictions: This title is not intended to impair or interfere with private restrictions on the use of land, improvements and structures. (Ord. 57, 4-18-1988)

   A.   Submission: No matter will be considered or acted upon until an application approved by the planning and zoning administrator is properly submitted. In the event an applicant or the planning and zoning commission, board of county commissioners 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. No structures, except those structures being erected by public entities, shall be exempt from payment of the fees as established by the commission, board or administrator.

   B.   Plot Plan: The plot plan shall show all easements, rights of way, highways, roads, property lines, and building locations. The planning and zoning administrator shall then verify that the buildings will comply with all zoning ordinances. The planning and zoning administrator must also sign off on any residential plot plans.

   C.   Fees: Fees for applications shall be set by resolution of the board of county commissioners. (Ord. 2009-03, 6-15-2009)

This title may be amended by following the notice and hearing provisions set forth in Idaho Code section 67-6509. (Ord. 57, 4-18-1988)

   A.   Motion: On all matters requiring that they be brought before the board of county commissioners or planning and zoning commission by motion, a negative motion may be introduced to put any matter before the commission for discussion and vote.

   B.   Idaho Code Requirements: In all matters where written notice or a hearing is required, the planning and zoning commission or board of county commissioners will comply with the writing and recording requirements of Idaho Code sections 67-6535 and 67-6536.

   C.   Failure To Act: On any matter or application presented wherein any time limit is set in which the board of county commissioners, planning and zoning commission or planning and zoning 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 Idaho Code section 67-6519. (Ord. 2009-03, 6-15-2009)

In the event of any ambiguity in the words contained in this title, it shall be interpreted and construed in favor of protecting agricultural lands. (Ord. 57, 4-18-1988)

To assist the planning and zoning administrator in recordkeeping, all unrecorded land sales contracts shall have a memorandum filed notifying the public of the buyer's interest in the property. (Ord. 2009-03, 6-15-2009)

Should any clause, phrase, 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 the title as a whole or any part thereof other than the part so declared to be unconstitutional or invalid. (Ord. 57, 4-18-1988)