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In addition to the general authorities set out in section 1-1-2 of this code, the provisions of this title are authorized under title 31, chapter 7, Idaho Code, title 46, chapter 10, Idaho Code, title 50, chapter 13, Idaho Code, and title 67, chapter 65, Idaho Code, as amended or subsequently codified. This title is adopted for the purpose of promoting the health, safety, and general welfare of the citizens of Kootenai County, Idaho, in accordance with article XII, section 2 of the Idaho constitution. (Ord. 493, 6-9-2016)
The purposes of this title are as follows:
A. To promote the health, safety and the general welfare of the citizens of Kootenai County;
B. To protect and promote property rights and enhance property values, while also ensuring that the use of property does not unduly interfere with the lawful use and enjoyment of other properties;
C. To comply with the requirements of the local land use planning act, title 67, chapter 65, Idaho Code, and to carry out its intent and purposes;
D. To carry out the goals and policies of the Kootenai County comprehensive plan;
E. To establish zoning districts within Kootenai County in conformance with section 67-6511, Idaho Code, and in accordance with the goals and policies of the Kootenai County comprehensive plan;
F. To provide standards for the orderly growth and development of Kootenai County and to avoid undue concentration of population and overcrowding of land;
G. To ensure that development:
1. Is performed in conformance with Idaho Code, the requirements of this title, and the requirements of other agencies with jurisdiction;
2. Mitigates negative environmental, social and economic impacts;
3. Creates buildable lots of reasonable utility and livability;
4. Aids in the establishment of a transportation system that is safe, efficient, cost effective, and minimizes congestion;
5. Provides for adequate and affordable fire, water, sewer, stormwater and other services;
6. Encourages the conservation of open space and environmentally sensitive areas;
H. To protect property, surface water, and groundwater against significant adverse effects from excavation, filling, clearing, unstable earthworks, soil erosion, sedimentation, and stormwater collection and runoff;
I. To provide maximum safety in the development and design of building sites, roads, and other service amenities;
J. To minimize public and private losses due to flood conditions in specific areas by provisions designed:
1. To protect human life and health;
2. To minimize expenditure of public money and costly flood control projects;
3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
4. To minimize prolonged business interruptions;
5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in special flood hazard areas;
6. To help maintain a stable tax base by providing for the sound use and development of special flood hazard areas so as to minimize future flood blight areas;
7. To ensure that potential buyers are notified that property is in a special flood hazard area;
8. To ensure that those who occupy special flood hazard areas assume responsibility for their actions; and
9. To meet federal requirements so Kootenai County may participate in the national flood insurance program;
K. To provide a method of administration and enforcement of the provisions of this title.
L. To ensure that all property owners and affected persons are afforded due process of law. (Ord. 493, 6-9-2016; amd. Ord. 545, 10-3-2019)
The provisions of this title shall apply to all property located within the unincorporated areas of Kootenai County, Idaho, with the following exceptions:
A. Lands owned by the federal government or any agency thereof;
B. Lands located within the exterior boundaries of the Coeur d'Alene Indian Reservation which are owned by the Coeur d'Alene Tribe, or any enrolled member thereof, or by the federal government in trust for the tribe or any enrolled member thereof; and
C. Lands owned by the state of Idaho that are:
1. School endowment lands;
2. Transportation systems of statewide importance, as determined by the Idaho transportation board; or
3. Submerged lands under the jurisdiction of the Idaho department of lands. (Ord. 493, 6-9-2016)
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