1.      TITLE, AUTHORITY, PURPOSE

 1.1. Title: This ordinance is titled the “Boundary County Zoning and Subdivision Land Use Ordinance,” hereinafter referred to as “ordinance.”

1.2. Authority: This ordinance is adopted and established pursuant to and in conformance with the authority granted Boundary County by the State of Idaho, particularly as applicable to Article 1, Section 1, Idaho Constitution; Title 67, Chapter 65, Idaho Code, and Article XII, Section 2, Idaho Constitution, as amended, and to preserve those rights established at Article 1, Section 1, Idaho Constitution.

1.3. Purpose: The purpose of this ordinance is to establish fair, equitable and consistent land use regulations and guidelines so as to promote the health, safety and general welfare of the people of Boundary County and to set minimum and defined standards for land use, development and subdivision applicable to all equally, pursuant to the general guidelines established in the Boundary County Comprehensive Plan (9B18CPV1), adopted December 11, 2017.

1.4. Prior Land Use Ordinances Superceded: On the date of adoption, this ordinance will supercede Boundary County Ordinance 99-06 and all amendments thereto.

1.5. Provisions Apply Equally: The provisions of this ordinance apply equally to all owners of property within the jurisdiction of Boundary County, Idaho, with the exception of those lands situated within the incorporated cities of Bonners Ferry and Moyie Springs, the grounds of the Boundary County Airport and the tribal trust lands of the Kootenai Tribe of Idaho.

1.6. Effective Date: This ordinance will be in full force and effect upon its passage by the board of county commissioners and on legal publication in the Boundary County newspaper of record.

1.7. Severability: The provisions of this ordinance are declared to be individually severable. Should any provision of this ordinance be declared invalid by a court of competent jurisdiction, such declaration will not affect the validity of remaining provisions.

1.8. Affect on Other Laws: No portion of this ordinance will be construed to usurp requirements or regulations of any other county departments nor any state or federal land use regulation or requirement.

1.9. Uses will Comply: From the effective date of this ordinance, all land development and use within the jurisdiction of Boundary County will conform to the regulations and standards established herein.

1.10. Public Nuisance: No provision of this ordinance will be construed to permit the establishment or continuation of a public nuisance as defined in Section 2 and further defined at IC 18-5901.