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)
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)
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)
Lawfully situated buildings and/or structures and the lawful use of land, structures, and buildings which are existing at the time of the adoption hereof may have their existing use or occupancy continued although such use does not conform to the regulations specified by this title for the zone in which they are located, until such use is enlarged or expanded. Such structures, buildings or land uses must have conformed to any and all laws and regulations in force and effect when such usage was commenced and/or the use, structure or building was lawfully situated. Provided, such continued use or structure is not dangerous to life or safety and meets any special requirements that may have been previously established for the use. (Ord. 1628, 1-12-2015)
Should any section or provision 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 a part thereof other than the part so declared to be unconstitutional or invalid. (Ord. 1628, 1-12-2015)
All ordinances or parts of ordinances in conflict with this title or inconsistent with the provisions of this title are hereby repealed to the extent necessary to give this title full force and effect. This title shall become effective from and after the date of its approval, adoption, and publication as provided by law. (Ord. 1628, 1-12-2015)