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TITLE 9
LAND USE AND DEVELOPMENT
CHAPTER 1
INTRODUCTION
SECTION:
9-1-1: Title, Authority, And Jurisdiction
9-1-2: Intent And Purpose
9-1-3: Conflicting Provisions
9-1-4: Effect On Existing Buildings And Uses
9-1-5: Severability Clause
9-1-6: Repeal Of Conflicting Ordinances; Effective Date
9-1-1: TITLE, AUTHORITY, AND JURISDICTION:
   A.   Title: This title shall be known as the ZONING ORDINANCE OF THE CITY OF MOUNTAIN HOME, and includes, in addition to the text, the "official zoning map" as is now or hereafter adopted and/or amended by ordinance and shall have the same force and effect as if said map or maps are fully set forth and described herein. Said title is adopted by ordinance. Said map(s) shall be filed in the office of the city clerk.
   B.   Authority: This zoning ordinance is adopted pursuant to authority granted by chapter 65, title 67 of the Idaho Code; and article 12, section 2 of the Idaho constitution as amended or subsequently codified.
   C.   Jurisdiction: These regulations shall apply to the development of all land within the territorial limits of the city of Mountain Home and to land over which the city has jurisdiction pursuant to chapter 2, title 67, Idaho Code, and under the area of city impact agreement as negotiated between the city of Mountain Home and Elmore County, which may be amended from time to time. (Ord. 1628, 1-12-2015)
9-1-2: INTENT AND PURPOSE:
   A.   Intent: In enacting this title, special attention has been given to ensuring these regulations are in accordance with the city's comprehensive plan. The general intent of this title is to implement those goals and objectives of the comprehensive plan that are best addressed through zoning approaches. Should a provision of the comprehensive plan conflict with a provision of this title, the provision of this title shall take precedence until such time as either the plan or this title can be amended to reconcile the conflict.
   B.   Purpose: The purpose of this zoning ordinance for land uses within the city of Mountain Home shall be to promote the health, safety and general welfare of the people of the city of Mountain Home as follows:
      1.   To protect property rights while making accommodations for other necessary types of development such as low cost housing and mobile home parks.
      2.   To ensure that adequate public facilities and services are provided to the people at reasonable cost.
      3.   To ensure that the economy of the city is protected.
      4.   To ensure that the important environmental features of the city are protected.
      5.   To encourage the protection of prime agricultural, forestry and mining lands and land uses for production of food, fiber and minerals, as well as the economic benefits they provide to the community.
      6.   To encourage urban and urban type development within the city.
      7.   To avoid undue concentration of population and overcrowding of land.
      8.   To ensure that the development on land is commensurate with the physical characteristics of the land.
      9.   To protect life and property in areas subject to natural hazards and disasters.
      10.   To protect fish, wildlife and recreation resources.
      11.   To avoid undue water and air pollution.
      12.   To allow local school districts to participate in the community planning and development process so as to address public school needs and impacts on an ongoing basis.
      13.   To encourage orderly growth and development.
      14.   To protect property values.
      15.   To promote excellence, creativity and aesthetics in the design of all new development.
      16.   To establish reasonable standards to which buildings or structures must conform.
      17.   To provide for the manner and form of preparing and processing applications, for establishment, modification, conditional uses, and/or variances from zoning districts and regulations.
      18.   To provide for living areas in a variety of dwelling types with a range of population and densities with guidelines for sunlight, air and open space. (Ord. 1628, 1-12-2015)
9-1-3: CONFLICTING PROVISIONS:
Wherever the requirements of this title are in conflict with the requirements of this or any other lawfully adopted ordinances, rules or regulations, the most restrictive or that imposing the higher standards shall govern, with the one exception: that this provision shall not be construed as to prohibit the use of planned unit developments and development agreements. (Ord. 1628, 1-12-2015)
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