Boundary County, Idaho Planning & Zoning Land Use Ordinance 2015-2

 

2.9. Condensed Net Development Density: The maximum allowed development density within each zone district available through the transfer of development rights, requiring one transferred development right for each additional primary structure established in excess of the standard net development density for that zone, up to the limit imposed.

2.10. Conditions, Covenants and Restrictions: Also referred to as CCRs. Civilly binding standards established by the seller of real property which attach to ownership following sale of the property and which regulate uses allowed or set specific standards of performance.

2.11. Elderly Care/Boarding House: The provision of full or part time residential care, for compensation, for seven or more children or adults not related to the property owner or tenant.

2.12. Dedication: The giving of land by a private person or entity to the government.

2.13. Developer: Any person or group of people seeking to establish a use requiring a county permit as established by this ordinance, or seeking to subdivide land for any purpose other than agriculture or silviculture.

2.14. Development: Any human-caused change to improved or unimproved real property including, but not limited to; subdivision, construction or placement of structures, dredging, filling, grading, paving and excavation. Development can be further categorized as:

2.14.1. Construction: The building, placement or erection of a structure on the surface of the land.

2.14.2.   Ground: The movement of one acre or more of the earth’s surface, to include road construction, dredging, filling, excavation or grading, that is not to be accompanied by construction.

2.15. Driveway: A vehicular access from a public or private road to one primary structure or to a single lot or parcel, intended solely for the occupants, guests, purveyors, clients or customers of that structure, lot or parcel.

2.16. Easement: The granting of a right for others to use portions of a privately owned lot or parcel for a specific purpose, entered into by civil agreement. Common easements include granting the right to another to travel over private property, known as an access easement, and easements granting placement of water, electrical, sewer, phone or other lines, known as utility easements. The owner of property that is subject to easement is said to be “burdened” with the easement, as they may not interfere with the use for which the easement was granted.

2.16. Ex-Parte Communication: A violation of the right of due process by means of direct or indirect communication on the substance of a pending case without the knowledge, presence, or consent of all parties involved in the matter.

2.17. Family: A group of people related by blood, marriage, adoption, guardianship or other custodial relationship.

2.18. Feed Lot: For the purpose of this ordinance, a feed lot shall be a confined animal feeding operation as defined at 67-6529C, Idaho Code.

2.19. Final Plat: A legal document meeting the criteria established by this ordinance and Title 50, Chapter 13, Idaho Code, bearing the requisite signatures sufficient for recording with the county clerk and to convey lots. A final plat will not be altered or amended without the recording of an amending, consolidating or vacating plat.

2.20. Findings: A written analysis weighing objective and subjective testimony and data so as to analyze, explain and justify a decision. Previously approved findings establish precedent in the interpretation of this ordinance, and may be cited in succeeding applications or situations where similarities exist.

2.21. General Welfare: Concerned with, applicable to or affecting the whole or every member of a class or category. The purpose of land use regulation is to protect the public health, safety and welfare. For a zoning resolution or decision to be lawful, it must secure a public purpose, be reasonable, not be confiscatory and be consistent.

2.22. Home Business: A use intended for fiscal gain and which requires for its operation a state business name and tax identification number and which is conducted entirely within the business owner or tenant’s primary residence or in residential accessory structure(s), and which has no outside storage of materials, supplies or wares.

2.23. Industrial: A use, structure or group of structures on a single parcel or lot intended primarily for the manufacture, assembly, production, warehousing and/or storage of a product or component, or the production, refinement, processing and/or packaging of a natural resource or raw material. See also “light industrial.”

2.24. Instrument of Conveyance: A legal instrument short of final plat, recorded with the Clerk of Boundary County, by which a legally described parcel of land within Boundary County is transferred from one party to another. Records of survey define portions of land, but are not sufficient to convey ownership or create a separately taxable lot or parcel, thus are not an instrument of conveyance.

2.25. Junk Yard: A “junkyard” is the use of any lot, parcel or tract of land for the outdoor storage or abandonment of refuse; or for the storage, impoundment, dismantling, demolition, salvage or abandonment of more than three (3) derelict automobiles, other vehicles or parts thereof. A derelict vehicle is any vehicle that is clearly inoperable and unable to move under its own power; or which is partially or totally dismantled or damaged so as to render the vehicle unsafe or illegal to operate on public roads or rights of way. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a farming, ranching or agricultural operation, nor impoundment lots established by the Boundary County Sheriff or Prosecutor as necessary for law enforcement.

2.26. Junk Yard, Commercial: A junk yard for the purpose of commercial gain and for which an Idaho tax identification number is required.

2.27. Junk Yard, Non-Commercial: A junkyard for purposes other than commercial gain and for which no Idaho tax identification number is required.

2.28. Light Industrial: An industrial use conducted in such a manner that little dust, noise, vibration or other emission is apparent beyond the property lines of the lot or parcel.

2.29. Long Plat: A subdivision platting process used for the establishment of clustered subdivisions, commercial/industrial subdivisions, mixed use subdivisions, and urban subdivisions, wherein an application is presented to the Planning and Zoning Commission for public hearing and recommendation, and a second public hearing is held before County Commissioners for a final decision.

2.30. Lot: A portion of land defined and created by an approved final plat recorded in Boundary County. For the purpose of this ordinance, all lots shall be deemed to conform to the provisions of this ordinance, subject to the availability of services and setback requirements established within the zone district.

2.31. Lot Line Adjustment: The adjustment of one or more lot lines defined in a recorded final plat in such a manner that no new lots are created so as to define an amending, consolidating or vacating plat.

2.32. Metes and Bounds Description: A method of legally identifying and defining a parcel for the purpose of conveyance, using physical features or directions and distances from a single point of beginning and end. Metes and bounds descriptions may be subject to interpretation and altered by tradition or use.

2.33. Minimum Parcel Size: The minimum size of a lot or parcel established within each zone district for the establishment of a use requiring issuance of a permit by this ordinance.

2.34. Nominal Parcel: An aliquot parcel equal to the minimum parcel size within a zone district, regardless of the actual acreage of the parcel.

2.35. Non-Conforming Parcel: A parcel created and conveyed which is not in conformance with the provisions established herein, or that was created prior to the adoption of this ordinance in a manner not conforming to subdivision provisions in effect at the time of partition. No development permit required by this ordinance can be issued to allow development on a non-conforming parcel.

2.36. Parcel: A portion of un-platted land legally described by aliquot description, record of survey or metes and bounds description and conveyed by instrument of conveyance.

2.37. Parcel Line Adjustment: The adjustment of one or more lines defining two or more parcels in such a way that no new parcels are created. Parcel line adjustments may abate a non-conforming parcel, reduce the non-conformity of a parcel of record or balance the non-conformity between adjoining parcels of record, but shall not increase a non-conformity.

2.38. Parcel of Record: A parcel created by instrument of conveyance prior to the adoption of this ordinance in a manner conforming to ordinance provisions in effect at the time of the partition, but which do not meet the requirements established herein, or a parcel created by variance. A parcel of record enjoys the privileges of a parcel conforming to the provisions of the zone district in which it lies, subject to the availability of services and setback requirements.

2.39. Plat: A map, drawn to scale by a licensed surveyor, showing how a portion of land is to be divided, in blocks and lots, and showing streets, alleys and easements, common areas, dedications and other attributes pursuant to the requirements of this ordinance and Title 50, Chapter 13, Idaho Code, established on the ground by the placement of legal markers. Plats may be used to create a subdivision, amend an existing plat, or vacate all or part of an existing plat where no lots have been sold and no construction of buildings or public improvements have taken place.

2.40. Preliminary Plat: A scale drawing or sketch prepared by a licensed surveyor sufficient to convey the scope and intent of a proposed final plat.

2.41. Primary Structure: An addressable structure establishing and defining the highest use of a lot or parcel, such as agricultural, residential, commercial or industrial. There can be more than one primary structure on a parcel or lot, and each may be supported by accessory structures, though each must be established by issuance of the appropriate county permit.

2.42. Public Nuisance: A public nuisance will be deemed to exist when the use of land or structure(s) thereon prove injurious to the health, indecent or offensive to the senses or causing obstruction to the free use of adjoining properties so as to interfere with the reasonable expectations of use by other property owners in the area; or any use or structure which unlawfully obstructs the free passage or use of any navigable lake, river, stream, canal or basin, any public place or a legally established easement.

2.43. Public Service Facility: Uses or structures established on private property designed for the provision of services or utilities necessary to the general welfare, to include but not limited to fire and ambulance stations, electrical, telephone, gas or septic facilities or substations.

2.44. Record of Survey: A map, drawn to scale by a licensed surveyor using the position of accurately described points on the ground to establish the boundaries of a parcel, easements or other definable features.

2.45. Recreational: A use, structure or group of structures on a single parcel or lot intended primarily for seasonal or transient recreation as follows:

2.45.1.  Private Recreational: A recreational use developed for the private enjoyment of an individual property owner and invited guests. Private recreational use may include but is not limited to; vacation, lake, river, hunting or ski cabins, recreational vehicle pads, and improved camp sites.

2.45.2.  Recreational Hospitality: Commercial uses established specifically to afford the general public access, accommodations and/or services by which the public may enjoy recreational opportunities on private land. Hospitality uses may include but are not limited to RV parks, motels, hotels or lodges, bed and breakfast establishments and inns.

2.45.3.  Recreational Commercial: Recreational uses established to provide general public access to privately owned land upon which specific outdoor recreational activities or sports are to be offered commercially, to include but not limited to hunting and fishing lodges or shops, motorized off-road areas for snowmobiles, motorcycles, ATVs or other recreational vehicles, ski resorts or lodges, and hang gliding, parachuting or other aerial sport facilities.

2.46. Residential: A primary structure or structures on a single lot or parcel designed for habitation and occupancy by an individual or family to include, at minimum, sleeping quarters, lavatory and kitchen facilities, as well as accessory structures incidental to residential use, such as a garage, shed, barn, non-commercial workshop or accessory dwelling unit, as follows:

2.46.1.  Single Family Residential: One primary residential structure designed for occupation by one individual or family.

2.46.2.   Duplex Residential: A single primary residential structure consisting of two residential units.

2.46.3.   Multi-Family Residential: A single primary residential structure consisting of three or more residential units.

2.46.4.   Multi-Structure Residential: More than one primary residential structure, whether single family, duplex or multi-family, on a single parcel or lot.

2.47. Restricted Lot or Parcel: A parcel or lot established for a specific purpose clearly defined by instrument of conveyance or established by CCRs upon which only uses not regulated by Boundary County within that zone district may be established. Restricted lots or parcels may be established through clustered development or by transfer of development rights, or for use as privately owned utility and access easements, public service facilities, parks or greenbelts, or common areas set aside from development.

2.48. Short Plat: A subdivision platting process used for lot line adjustment or the establishment of primitive or rural subdivision wherein an application is presented to County Commissioners for public hearing and final decision.

2.49. Silviculture: The process of commercially producing, growing, harvesting and marketing, through the cultivation and management of land, trees and other forest resources, to include but not be limited to timber and nursery stock. Silvicultural structures are structures established specifically to facilitate silviculture.

2.50. Standard Net Residential Density: The permitted development density within each zone district for the purpose of establishing cluster development, determined by dividing the total area of land to be platted, in acres, by the minimum parcel size within that zone district.

2.51. Subdivision: The division of an existing parcel into two or more parcels for the purpose of sale or development, either immediate or future.

 

3. ADMINISTRATION

 

3.1. Types of Land Use Decisions: In administering this ordinance, all decisions made will fall under one of the three following classifications:

3.1.1.      Administrative: Decisions made under authority granted the administrator and decisions involved in the management of this ordinance, to include establishing rules and methods for the keeping of records, processing and documentation of applications, the establishment of rules of procedure for the conduct of meetings and other like actions or decisions which do not address a specific application, request or complaint.

3.1.2.      Legislative: Decisions involved in the establishment or amendment of law. Legislative decisions will not address or affect a specific application, but may be initiated as a result of or in response to any action or situation where it is deemed that existing laws are not serving the public interest. Legislative actions include review and adoption of amendments to the comprehensive plan, amendments to the comprehensive land use map, amendment of this ordinance or replacement of this ordinance following comprehensive plan review, and administrative zone map amendments, which affect an area encompassing the lands of multiple property owners or comprise a definable region. Legislative actions will always be subject to at least two public hearings; at least one by the planning and zoning commission to forward a recommendation, and at least one by the board of county commissioners to render a final decision. Generally, neither conflict of interest nor ex-parte communication issues apply.

3.1.3.      Quasi-Judicial: Decisions made in response to specific land use applications (also to include some legislative zone map amendments) in which facts are provided, public hearing(s) held, evidence weighed and conclusions are rendered pursuant to the laws established by this ordinance. In all quasi-judicial matters, conflict of interest and ex-parte communication are prohibited.

3.2. Continuation of Offices: At the time of adoption of this ordinance, all offices, employees and officers established by Boundary County Ordinance 99-06 will continue forward without interruption or disruption, subject to the provisions established herein.

3.3. Office of Planning and Zoning: The Office of Planning and Zoning is continued, with its primary duty the administration of this ordinance. The office may be assigned additional duties and tasks at the discretion of the board of county commissioners.

3.4. Position of Zoning Administrator: The position of zoning administrator, hereinafter “administrator,” is continued, with the primary duty to conduct and oversee the functions of the office.

3.5. Primary Duties of the Administrator

3.5.1.      Office Management: The administrator is responsible for management of the office pursuant to Boundary County Job Description PZ-01, as amended.

3.5.2.      Receive and Process Applications: The administrator will receive, process and document all applications for permits and processes established by this ordinance and perform all necessary steps necessary to see them carried through to completion. In receiving applications, the administrator will serve the interests of the county, interpreting requests and advising the applicant on all processes, procedures and provisions herein that are pertinent to the use or action proposed. The administrator will assist each applicant to ensure that applications are complete, but will not have authority to withhold processing an application once submitted and fee paid except where decision authority is granted the administrator.

3.5.3.      Decision Authority Assigned: The administrator has authority, provided all applicable provisions of this ordinance are met, to approve simple subdivision, special event and development permit applications for uses within each zone district identified as Uses Requiring Administrative Development Permit.

3.5.4.      Recommendation Authority Denied: The administrator will not have authority to recommend approval or disapproval of any application presented for which decision authority is not assigned, but will analyze the facts of each application so as to render an objective written staff analysis for the consideration of the deciding body.

3.5.5.      Limited Authority Granted: The administrator is granted limited authority to effect compliance with the provisions of this ordinance, as defined in Section 4, to include the right to receive and document complaints, to notify affected property owners of alleged or potential violations, to render opinion as to whether or not a violation exists based solely on the facts of the allegation(s) and the provisions of this ordinance, to attempt resolution and abatement of violation short of legal action through the establishment of agreement(s) to bring about compliance within a reasonable period of time, and to forward to appropriate enforcement authority any complaint not so resolved. The administrator is not granted police powers, those being reserved to the Prosecutor and the Sheriff, but will in all cases assist and advise those agencies when requested in the investigation and prosecution of violations of this ordinance.

3.5.6.      Ex-Officio Clerk of the Planning and Zoning Commission: The administrator will serve as ex-officio clerk of the planning and zoning commission and keep and maintain meeting agendas, minutes and records on all matters coming before the planning and zoning commission. The administrator will represent the planning and zoning commission on all matters forwarded by that body to the board of county commissioners unless such representation is assigned, by motion passed, to a member of the planning and zoning commission.

3.6. Planning and Zoning Commission

3.6.1.      Continuation: The Boundary County Planning and Zoning Commission is continued to serve as the deciding body where authority is granted and in an advisory capacity to the board of county commissioners on other land use matters as established by this ordinance.

3.6.2.      Membership/Compensation: The planning and zoning commission will consist of nine members, who will serve voluntarily and without compensation except for reimbursement of expenses specifically authorized by the board of county commissioners.

3.6.3.      Appointment/Term of Office/Qualification of Members: Members of the planning and zoning commission will be appointed by resolution of the board of county commissioners and will meet the residency requirements established at IC-67-6504. County commissioners may, at their discretion, also include area of residence within the county as an additional criterion so as to assure balanced representation. The appointing resolution will specify the effective date of appointment as well as the expiration of the term of appointment. Terms will be staggered so that no more than five terms expire within any two-year period. The term of office for members of the planning and zoning commission will be four years. Where a new member is appointed to fill a vacancy created by an expiring term, that member will be appointed to a full term. Where a new member is appointed to fill a vacancy created by resignation, that member will be appointed to complete the remainder of the term vacated. Membership shall be limited to not more than two full terms.

3.6.4.      Filling Vacancies: In the event of a vacancy, either by completion of term or by resignation, the administrator will publish notice of vacancy in available media so as to solicit letters of interest from those qualified and wishing to serve, and will schedule review of those letters on the next available planning and zoning commission agenda. Upon review, the planning and zoning commission may either direct staff to seek additional letters of interest and table the review or forward to county commissioners a recommendation as to who should fill the vacancy, made by motion and majority vote. The administrator will forward the recommendation, along with all letters of interest submitted, to county commissioners and set a date on the agenda for initial review. County commissioners may make final decision based on the merits of the planning and zoning commission recommendation and the content of the letter of interest, table a decision to allow for interviews with prospective members, or direct the administrator to seek additional letters of interest for consideration by the planning and zoning commission.

3.6.5.      Meetings: The planning and zoning commission will hold regular meetings once per month except when no agenda items are scheduled, and will hold special meetings or workshops as needed to conduct the business of the planning and zoning commission, as approved by the chair. Pursuant to IC 67-6504, at least nine regular meetings will be held each calendar year. The regular meeting date, time and location will be set by motion and majority vote of the planning and zoning commission at the first regular meeting of the calendar year.

3.6.6.      Meetings will be Open/Quorum/Voting by Proxy: All planning and zoning commission meetings will be conducted to conform to the requirements of the Idaho Open Meeting Law. In order to conduct business or make motion, a quorum of half the assigned membership, not considering fractions, plus one member. Vote by proxy of a member anticipating absence at a meeting is prohibited, though the absent member may submit written comment for consideration on any application or item on the agenda.

3.6.7.      Election of Officers: At the first meeting of each calendar year, or at the next scheduled meeting following vacancy of an office, the planning and zoning commission will elect, by nomination and majority vote, a chair, who will preside over and conduct meetings, having the vote solely to break a tie, and a co-chair, who will preside over and conduct meetings in the absence of the chair. In the event both the chair and the co-chair are absent at a meeting and a quorum of members is present, a special election will be held prior to the conduct of business to appoint an acting chair for that meeting.

3.6.8.      Removal of Members: A member may be removed from the planning and zoning commission following three unannounced absences from regular meetings in any consecutive twelve-month period or by willful failure to reasonably apply the provisions established by this ordinance. The planning and zoning commission may recommend the removal of a member on the above grounds by motion and majority vote. The board of county commissioners can remove a member based on the recommendation of the planning and zoning commission or by direct action.

3.7. Powers and Duties of the Planning and Zoning Commission

3.7.1.      Comprehensive Plan: The planning and zoning commission has the duty to conduct the comprehensive planning process for Boundary County in conformance with the provisions of IC 67-6507 and IC 67-6508, pursuant to the provisions of Section 20.2.

3.7.2.      Decision Authority Granted: The planning and zoning commission will interpret the provisions of this ordinance specific to individual applications so as to render reasoned written findings supporting a final decision on applications for variance and conditional uses. At the discretion of the planning and zoning commission, final action on an application may be tabled until the next regular meeting to allow review and adoption of the written findings and decision. No decision by the planning and zoning commission will be considered final until signed by the chair.

3.7.3.      Recommendation Authority Granted: The planning and zoning commission will interpret the provisions of this ordinance specific to individual applications so as to render written findings supporting a recommendation to the board of county commissioners on applications for temporary use, development agreements, long-plat subdivision and non-administrative zone map amendment, and will likewise forward findings and recommendation to county commissioners on applications to amend the Boundary County Comprehensive Plan, administrative zone map amendments, proposed city area of impact agreements and proposed amendments to this ordinance. At the discretion of the planning and zoning commission, final action on a recommendation to county commissioners may be tabled until the next regular meeting to allow review and adoption of the written findings and recommendation. When deemed necessary by the planning and zoning commission, it may, by motion and majority vote, initiate application for legislative actions, including administrative zone map amendments and amendments to the comprehensive plan, the comprehensive plan map or the zoning ordinance.

3.8. Powers and Duties of the Board of County Commissioners

3.8.1.      Final Local Authority: The board of county commissioners is the final local authority and arbiter for the interpretation and application of all provisions established herein, and will decide all appeals to final decisions of the administrator and the planning and zoning commission. Final decisions of the board of county commissioners may only be contested through action in a court of competent jurisdiction.

3.8.2.      Decision Authority Retained: County commissioners will interpret the provisions of this ordinance specific to individual development permit applications so as to render written findings and decisions on temporary uses, development agreements, short and long plat subdivisions and non-administrative zone map amendments, and will likewise render findings and decisions on amendments to the Boundary County Comprehensive Plan, city area of impact agreements and amendments to this ordinance. These decisions will consider the facts of the application, testimony received during the public hearing process and, where applicable, the recommendation of the planning and zoning commission so as to render reasoned written findings in support of the decision. At the discretion of the board of county commissioners, final action on a decision may be tabled to allow review and adoption of the findings. When deemed necessary by the board of county commissioners, it may, by motion and majority vote, initiate applications for legislative actions, including city area of impact agreements, administrative zone map amendments and amendments to the comprehensive plan, the comprehensive plan map or the zoning ordinance.

3.9. Fees: Fees for application processes established by this ordinance will be set by resolution by the board of county commissioners.

 

4. ENFORCEMENT

 

4.1. Violations and Penalties:

4.1.1.      Infractions: A civil public offense not constituting a crime, for which a penalty not to exceed $100 per occurrence may be imposed. As annotated in this ordinance, infraction violations include:

4.1.1.1. Failure to comply with standards for specific use (Section 10.7).

4.1.1.2. Failure to obtain a residential placement permit (Section 6.4.4).

4.1.1.3. Failure to file simple subdivision (Section 11.9.1).

4.1.1.4. Failure to comply with a conditional use permit (Section 7.5).

4.1.1.5. Failure to comply with a special event permit (Section 8.9).

4.1.1.6. Failure to comply with a temporary use permit (Section 9.5).

4.1.1.7. Failure to comply with building requirements of the flood plain overlay (Section 16.1.5).

4.1.1.8. Failure to file Parcel Division (Section 20.9.).

4.1.2.      Separate Violation may exist: A separate violation may be deemed to occur each week an adjudicated infraction continues to exist without abatement, beginning on the date of adjudication, as established at Section 4.7, below.  In the case of illegal structure placement, where no simple remedy to move the structure exists, and there is no unreasonable risk to public safety, a judge may impose a fine up to $1,000. Once the infraction is paid by the homeowner, this will preclude Boundary County from taking further action unless the structure is subsequently modified without an approved variance.

4.1.3.      Misdemeanors: A crime punishable by a fine not to exceed $1,000 per occurrence. As annotated in this ordinance, misdemeanor violations include:

4.1.3.1. Failure to comply with structure placement requirements of the flood plain overlay (Section 16.1.5).

4.1.3.2. Failure to comply with airport overlay, Section (Section 16.2.2).

4.1.3.3. Failure to obtain or comply with a commercial/industrial placement permit (Section 6.5.4).

4.1.3.4. Failure to obtain a conditional use permit, or the third violation of the same condition of the permit (Section 7.5).

4.1.3.5. Failure to obtain a special event permit, or the third violation of the same condition of the permit (Section 8.8).

4.1.3.6. Failure to obtain a temporary use permit, or the third violation of the same condition of the permit (Section 9.5).

4.1.3.7. Establishing a prohibited use.

4.1.3.8. Failure to plat (Section 11.9.2).

4.1.3.9. False representation (Section 11.9.3).

4.1.4.       Separate Violation may exist: A separate violation may be deemed to occur each week an adjudicated misdemeanor continues to exist without abatement, beginning on the date of adjudication.  In the case of illegal structure placement, where no simple remedy to move the structure exists, and there is no unreasonable risk to public safety, a judge may impose a fine up to $5,000. Once the infraction is paid by the homeowner, this will preclude Boundary County from taking further action unless the structure is subsequently modified without an approved variance.

4.2. Injunctive Action: Except as limited by the violations and penalties established above, Boundary County may take whatever legal action deemed necessary and appropriate to restrain, enjoin or estop any violation of this ordinance in accordance with the laws of the State of Idaho.

4.3. Voluntary Compliance Encouraged: It is the policy of Boundary County to encourage and promote voluntary compliance with the provisions of this ordinance and to promote education and awareness rather than the immediate imposition of legal enforcement action. Except where there is a threat to the general welfare, as determined by the board of county commissioners, the prosecutor or the sheriff, the administrator will attempt to bring about voluntary compliance prior to initiating legal enforcement as established below.

4.4. Reporting Violations: If any person has complaint or cause to believe that a violation of this ordinance has occurred or is about to occur, that person should notify the administrator, providing the nature of the complaint and information sufficient to accurately identify the lot or parcel upon which the violation is alleged. A citizen may also make complaint directly to the sheriff or the prosecutor, and nothing in this section will preclude their taking action as deemed appropriate to the allegation, which may include referring the complaint to the administrator. If enforcement action is undertaken by the sheriff or the prosecutor, the following provisions of this section do not apply.

4.5. Notice of Complaint: Upon receipt of a complaint or alleged violation, the administrator will interpret the provisions of this ordinance as regard the specifics of the complaint to determine if probable cause exists to warrant further action, with record maintained. If there is reasonable cause to believe that a violation may exist or is being established, the administrator will send the owner of record of the parcel on which the violation is alleged a notice of complaint, by first class mail, notifying them of the potential violation, potential penalties which may be imposed, and corrective action which may be taken to bring about compliance. The administrator will request that the property owner contact the office within ten business days to either defend against the allegation or to make arrangements to abate the violation.

4.6. Corrective Action for types of complaints:

4.6.1.      Failure to obtain a permit or variance: Property owner makes application for a permit or variance, and the administrator shall take no further action until the application process is completed.

4.6.2.      Failure to comply with standards for specific use or the conditions of a permit: The property owner corrects the situation within 30 days or makes arrangements for a reasonable time to bring the property into compliance.

4.6.3.      Illegal structure placement corrective actions

4.6.3.1. Move the structure

4.6.3.2. Property owner makes application for a permit or variance, and the administrator shall take no further action until application process is completed.

4.6.4.      Failure to plat:  Property owner may plat with subdivision process or consolidate divided parcels.

4.6.5.      False representation:  There is no corrective action.  If the property owner or sales representative cannot dispute the complaint, then a notice of violation will be sent, and the matter forwarded to the sheriff.

4.6.6.      Establishing a prohibited use: The property owner ceases the use within 30 days or makes arrangements for a reasonable time to bring the property into compliance.

 

4.7. Notice of Violation: If the administrator has probable cause to believe that a violation has been committed, or in the event the property owner fails to respond to a notice of complaint or admits to a violation and fails to take corrective action or abide by arrangements to abate the offense, the administrator will send the property owner, by certified mail, with return receipt requested, a notice of violation, which will contain in addition to the information required in a notice of complaint the specific provisions of this ordinance alleged to have been violated and notice that failure to respond will, within ten business days of mailing, result in the complaint being turned over to the sheriff for further enforcement action. If the administrator has probable cause to believe that the violation may be detrimental to the public welfare or constitute a public nuisance, county commissioners will be notified of the complaint prior to the mailing of a notice of violation and county commissioners may direct that the sheriff assume responsibility for enforcement.

 

 

5. GUARANTEE OF INSTALLATION AGREEMENTS AND SURETY

 

5.1. General: In order to ensure the development of essential improvements made necessary by private development required to maintain public welfare, health and safety and to secure the taxpayers of Boundary County from unfair burden, a guarantee of installation agreement and surety may be required of the applicant or developer as a condition of approval for any application process established herein that is subject to public hearing.

5.2. Guarantee may be Imposed: When the deciding body establishes terms or specific standards for necessary improvements as a condition of approval to any development permit application subject to public hearing, and determines that completion of those improvements are essential to public welfare, safety or health, a guarantee of installation may also be required as a further condition of approval.

5.3. Form of Guarantee: A guarantee of installation will consist of a detailed description, prepared by the applicant or developer, of the improvements required, the minimum standards to which they will be built, the cost of the improvements to be performed, established by a qualified and independent authority, a timeline of development, to include expected completion date, and surety in the form of a cash deposit, cash bond, corporate surety bond or irrevocable letter of credit in favor of Boundary County in an amount set by the board of county commissioners but not less than 150-percent of the total cost estimated, or in such other form as expressly approved by the Board of County Commissioners.

5.4. Administration:

5.4.1.      The board of county commissioners has sole authority to order, enter into and approve a guarantee of installation. If the planning and zoning commission is the deciding body of an application and deems that a guarantee of installation is a necessary condition of approval, decision authority will be deferred to the board of county commissioners and a recommendation, to include the proposed terms of the guarantee of installation, will be forwarded. County commissioners will hold public hearing on the application and may impose the requirement of a guarantee of installation as a condition of approval, specifying the terms, specifications, conditions, duration and amount of the guarantee. In the event a guarantee of installation is required, no final permit will be issued until the guarantee of installation agreement is signed by both parties and surety conveyed to Boundary County.

5.4.2.      The board of county commissioners will maintain all records and documentation related to guarantees of installation and will carry out the tasks necessary for administration of the guarantee.

5.5. Release of Surety: Upon certification of completion of improvements by the developer, as provided for in the guarantee of installation agreement, the board of county commissioners shall schedule time on their regular agenda to meet with the applicant or developer to initiate the county’s release of surety. In anticipation of release, the board of county commissioners may request on-site inspection of improvements by competent authority to verify that improvements made meet or exceed agreement standards. Based on information provided, the board of county commissioners may, by motion and majority vote:

5.5.1.      Release surety.

5.5.2.      Table the request pending an on-site inspection of improvements by the board or their designated representative.

5.5.3.      Table the release of surety for a period not to exceed one year from date of completion to insure that improvements will not require immediate repair at county expense.

5.5.4.      Deny release of surety for cause and either grant the applicant an extension of time during which to complete installation or assume surety and complete installation as established at 5.6, below.

5.6. Extension of Guarantee of Installation Agreement: In the event a developer has made a good-faith effort to meet the terms of a guarantee of installation agreement but, through reasons outside their control is unable to complete the improvements within the time established, the developer may, not later than 90-days before the guarantee of installation agreement is due to expire, request an extension so as to avoid forfeiture of surety. Such requests will be made in writing to the board of county commissioners and shall state the reasons for the extension request, the level of work accomplished to date, and a detailed description, including a new timeline, of the work remaining. Commissioners may approve a request for extension of a guarantee of installation agreement by simple majority vote.

5.7. Forfeiture of Surety: If improvements assured by surety have not been completed to standards and specifications established in the guarantee of installation agreement at the conclusion of the time established, the board of county commissioners may initiate proceedings to forfeit the applicant’s surety, in whole or in part, and assume installation, completion or repair of improvements or to waive installation if development has not progressed to the point that installation is necessary.

 

6. ADMINISTRATIVE DEVELOPMENT PERMITS

 

6.1. Recording: Development permit applications will be maintained as a permanent record pursuant to Idaho Code, and will be made available for public view on request by any interested party.

6.2. Concurrent Processing of Applications: Whenever application is made for a proposed use requiring the issuance multiple permits, the applications will, to the extent possible, be processed concurrently, with single public notice process covering all application procedures. When applications are processed concurrently, only the fee established for the highest cost permit under consideration will be imposed.

6.3. Certificate of Compliance: When a property owner requires documentation that a particular use, unregulated by Boundary County, is in compliance with the provisions of this ordinance, that property owner may make application for a certificate of compliance, describing the use being conducted. Upon ascertaining that the use described meets the provisions established herein, the administrator shall issue, at no fee to the property owner, a certificate of compliance. Certificates of Compliance shall remain valid for two years following cessation of the use described. Expansion of an unregulated use may require additional permitting.

6.4. Residential Placement Permit: Where established within a zone district as a use requiring administrative permit, a residential placement permit is required prior to the onset of construction of a primary residence or an Accessory Dwelling Unit intended for residential occupation.

6.4.1.      Administration: Upon receipt of a completed application for a residential placement permit and applicable fee, the administrator will provide review copies to all affected county departments, to include at minimum the assessor and road and bridge, and examine the documentation provided to ensure that it is sufficient to determine that all structures proposed meet setback requirements within the zone district, that driveway approach to any county road meet safety requirements, that minimum parcel size standards are met and that structures proposed are in conformance with all applicable overlay zone requirements.

6.4.2.      Decision: Not later than ten business days following receipt of application, the administrator may:

6.4.2.1. Approve: Approve the application and issue a residential placement permit, providing the applicant contact information for other state or federal permits that may be required and forwarding a copy to the GIS mapping department for assignment of a physical address.

6.4.2.2. Table: Table issuance of the permit pending proof of compliance with requirements of other county departments.

6.4.2.3. Deny: Deny the application for cause, advising the applicant in writing of the reasons for denial and steps that may be available to gain approval, including the right to appeal.

6.4.3.      Duration of Permit: Following issuance, a residential placement permit will belong to the applicant and will only be transferable to the extent that development as depicted on the application has been completed on the date of sale or transfer of the parcel or lot.

6.4.4.      Penalties for Violation: Failure to obtain a residential placement permit when required will constitute an infraction, pursuant to Section 4.1.1.2.

6.5. Commercial/Industrial Placement Permit: Where established as a use requiring administrative permit, a commercial/industrial placement permit is required prior to the onset of construction or expansion of a primary structure to establish a commercial, light industrial or industrial use as defined in Section 2; or for converting a residential or accessory structure into a primary structure for commercial or industrial use.

6.5.1.      Administration: Upon receipt of a completed application for a commercial/industrial placement permit and applicable fee, the administrator will provide review copies to all affected county departments, to include at minimum the assessor and road and bridge, and examine the documentation provided to ensure that it is sufficient to determine that all uses and structures proposed meet provisions established within the zone district, to include setback requirements, that structures proposed are in conformance with all applicable overlay zone requirements, and that all applicable standards as established at Section 15 are met.

6.5.2.      Decision: Not later than ten business days following receipt of application, the administrator may:

6.5.2.1. Approve: Approve the application and issue a commercial/industrial placement permit, providing the applicant contact information for other state or federal permits that may be required and forwarding a copy to the GIS mapping department for assignment of a physical address.

6.5.2.2. Table: Table issuance of the permit pending proof of compliance with requirements of other county departments.

6.5.2.3. Deny: Deny the application for cause, advising the applicant in writing of the reasons for denial and steps that may be available to gain approval, including the right to appeal.

6.5.3.      Duration of Permit: Following issuance, a commercial/industrial placement permit will go with the land and remain valid for the life of the use and be transferable on sale of property, to the limits established in the approved application. Expansion beyond the limits established in the approved application will require the issuance of a new commercial/industrial placement permit or conditional use permit, as applicable. When a use for which a commercial/industrial placement permit was issued is discontinued for a period of two years, the permit will be considered lapsed.

6.5.4.      Penalties for Violation: Failure to obtain a commercial/industrial placement permit when required will constitute a misdemeanor, pursuant to Section 4.1.3.3.

 

7. CONDITONAL USE PERMITS

 

7.1. Deciding Body: Planning and zoning commission.

7.2. Applicability: Where a specific or general use is allowed for consideration as a conditional use with a zone district, a conditional use permit shall be approved and issued prior to the onset of development or establishment of that use. A conditional use application will encompass all development proposed on a single parcel or lot, and upon issuance, the application, as modified by standards, terms or conditions imposed by the conditional use permit, will become the controlling plan for that parcel or lot, and will not be changed or expanded without application for a new development permit.

7.3. Duration of Permit: Conditional use permits run with the land to which they attach, and continue in effect for the life of the use established.

7.4. Terminating a Conditional Use: An approved conditional use permit will be deemed to lapse if work to establish the use has not begun within two years of the date of approval, or when a use established by a conditional use permit is discontinued for a period of two consecutive years. The owner of property subject to a conditional use permit may request termination of a conditional use permit at any time by notifying the administrator in writing.

7.5. Penalties for Violation: Failure to obtain a conditional use permit prior to establishing a use for which one is required will constitute a misdemeanor pursuant to Section 4.1.3.4. Failure to comply with a conditional use permit will constitute an infraction pursuant to Section 4.1.1.4. If the property owner is found guilty of more than two infractions, of the same kind, within a two year period then the charge will increase to a misdemeanor.

7.6. Administration:

7.6.1.      Applicant: It is the responsibility of the applicant, on forms provided by the administrator and based on the specific provisions of the zone district in which the use is proposed, to provide, at the time application is made, sufficient information, detail, data and documentation so as to demonstrate to the planning and zoning commission that the specific proposal meets those provisions and that the use proposed can be carried out without imposing undue adverse effects on established uses in the area.

7.6.2.      Administrator: Upon receipt of a completed conditional use permit application and applicable fee, the administrator will schedule public hearing on the next available agenda of the planning and zoning commission pursuant to Section 19. Following the deadline for receipt of written comment and at least one week prior to the scheduled hearing, the administrator will mail copies of the application, to include documentation and written comment received, to each member of the planning and zoning commission for review. The mailing will also include a staff analysis which will:

7.6.2.1. Summarize the development and use proposed.

7.6.2.2. Establish the specifics of the site on which the use is proposed, to include parcel number, legal description, parcel size, zone district designation, surrounding zone district designation and surrounding land uses.

7.6.2.3. Identify all overlay zones, hazardous areas or special sites that might be affected by the proposed use.

7.6.2.4. Cite comprehensive plan considerations.

7.6.2.5. Cite provisions of this ordinance applicable to the specifics of the proposal, to include standards applicable to the use proposed.

7.6.2.6. Cite precedents that might be applicable to the specifics of the proposal.

7.6.3.      Planning and Zoning Commission: The planning and zoning commission will hold public hearing on the proposed conditional use. Based on the materials of the application, staff analysis and testimony presented in writing or during public hearing, members of the planning and zoning commission will hold discussion to consider a decision and, if applicable, terms and conditions, giving due consideration to potential takings issues, so as to develop reasoned findings.

7.7. Considerations: When considering a conditional use application, the planning and zoning commission should determine, at minimum:

7.7.1.       Whether the application, site plan and additional documentation provided by the applicant sufficiently demonstrate the full scope of the use proposed.

7.7.2.       Whether the proposed use conforms to all applicable standards established by this ordinance.

7.7.3.       Whether there is sufficient land area to accommodate the use proposed, and whether development is so timed and arranged so as to minimize adverse effects on surrounding properties and uses.

7.7.4.      How the impacts of the use proposed compare with the impacts of existing uses within the zone.

7.7.5.       Whether concerns raised by other departments, agencies or by the providers of public services, including but not limited to road and bridge, water, electricity, fire protection, sewer or septic, can be adequately addressed.

7.7.6.      The potential benefit to the community offered by the use proposed.

7.7.7.       Whether specific concerns aired through the public hearing process have validity and whether those concerns can be adequately addressed.

7.7.8.       Whether the use proposed would constitute a public nuisance, impose undue adverse impact to established surrounding land uses or infringe on the property rights of surrounding property owners, and whether terms or conditions could be imposed adequate to mitigate those effects.

7.7.9.       Whether the use proposed would unfairly burden Boundary County taxpayers with costs not offset by the potential benefits of the proposed use.

7.8. Terms and Conditions: In considering approval of an application to establish a conditional use, the planning and zoning commission may consider the imposition of terms and conditions as a means of eliminating or mitigating potential adverse effects or to provide for public safety. Such terms and conditions may, but are not limited to:

7.8.1.       Control the sequence and timing of development.

7.8.2.       Establish or limit hours or days of operation.

7.8.3.       Establish limits on the timing and/or duration of potentially disruptive activities.

7.8.4.       Require the installation of public services or utilities as recommended by providers necessary to accommodate the use proposed.

7.8.5.       Establish specific locations and/or standards for structures, parking areas, access lanes, etc., to reduce adverse impact on traffic or traffic patterns.

7.8.6.       Establish standards for landscaping, fencing, lighting or other measures so as to maintain the aesthetics or character of the area in which the use is proposed or to contain noise, dust, light or other potential nuisances from encroaching onto adjoining properties.

7.8.7.       Require specific security measures, such as fencing, secure storage areas, fire prevention measures, etc., that are appropriate to the use and necessary for public safety.

7.8.8.       Require proof of compliance with other county, state or federal regulations.

7.9. Decision: Upon conclusion of public hearing and based on the findings developed, the planning and zoning commission may, by motion and majority vote:

7.9.1.       Approve: Approve the application, establishing terms and conditions and findings sufficient to enable staff to prepare written decision. At the discretion of the planning and zoning commission, final action may be tabled until the next regular meeting to allow review and approval of the written findings and decision. For tolling appeal, approval of a conditional use permit will be effective on the date the chair signs written findings and decision. On receipt of a signed decision to approve, the administrator will issue the applicant a conditional use permit, to include terms conditions established.

7.9.2.      Disapprove: Disapprove the application for cause, establishing findings sufficient to enable staff to prepare written decision. At the discretion of the planning and zoning commission, final action may be tabled until the next regular meeting to allow review and approval of the written findings and decision. For tolling appeal, disapproval of a conditional use permit will be effective on the date the chair signs written findings and decision. On receipt of a signed decision to disapprove, the applicant will be provided a copy of those findings and advised of rights to appeal.

7.9.3.      Table: Table a final decision to the next regular meeting to allow the applicant to obtain documentation of agency approvals or to provide additional specific information when the planning and zoning commission is likely to approve the application but:

7.9.3.1. The site plan and/or other documentation fail to provide a sufficiently clear and definable description of the scope of the development or use proposed.

7.9.3.2. Portions of the application fail to conform to specific standards established by this ordinance.

7.9.3.3. Additional agency approvals are established as a condition of approval requiring proof of compliance before additional development can proceed.

7.9.4.      Defer Decision Authority: The planning and zoning commission my defer decision authority, forwarding to county commissioners a written recommendation or synopsis of issues when:

7.9.4.1. It is decided by the planning and zoning commission that a guarantee of installation agreement pursuant to Section 5 is necessary as a condition of approval; or

7.9.4.2. When the planning and zoning commission has cause to question whether or not an application meets criteria for consideration within a zone district, or

7.9.4.3. When the scope of the application or controversy generated is such that members of the planning and zoning commission are unable to reach consensus sufficient to render a motion or when it is determined by the planning and zoning commission that decision authority should rest with the board of county commissioners.

7.9.4.4. When decision authority is deferred to the board of county commissioners, the administrator will schedule an additional public hearing before that body pursuant to Section 19.

 

8. SPECIAL EVENT PERMITS

 

8.1. Deciding Body: Zoning administrator.

8.2. Definition: A special event is any commercial activity to take place within a defined area, including but not limited to a performance, meeting, assembly, contest or competition lasting seven calendar days or less in duration. A special event is a one-time occurrence.

8.3. Exemptions: Special event permits will not be required for activities involving:

• the Boundary County Fair or fairgrounds

• schools, churches (on School/church property)

• family reunions, weddings, funerals or events in which all activities except parking take place within an existing building or structure for events associated with the conduct of business at a previously permitted (and still permitted) commercial enterprise

• events in response to public emergencies or disasters.

8.4. Purpose: A special event permit is required so as to provide for the public safety and the safety of attendees and to ensure that activities will be conducted so as to place minimal adverse impact on surrounding properties.

8.5. Duration of Permit: Where a special event permit is granted, it will remain in effect for the duration of that event as specified by application.

8.6. Special Event Review: If concerns arise regarding public safety issues, County Commissioners may review, revise or revoke a special event permit.

8.7. Applicability: When a special event is proposed in any zone district, a special event application shall be submitted at least 45 days prior to the start date of the event. Upon approval, the special event permit, and any terms or conditions established, will become the controlling plan for the conduct of the event for its duration, and may not be changed or expanded without action by the Zoning Administrator.

8.8. Penalties for Violation:

8.8.1 Failure to obtain a special event permit prior to establishing a use for which one is required will constitute a misdemeanor pursuant to Section 4.1.3.5.

8.8.2 Failure to comply with a special event permit will constitute an infraction pursuant to Section 4.1.1.5.

If the property owner is found guilty of more than two infractions of the same kind then the charge will increase to a misdemeanor.

8.9.       Administration:

8.9.1. Applicant: It is the responsibility of the applicant, on forms provided by the administrator, to provide at the time application is made sufficient information, detail, data and documentation so as to demonstrate to the planning and zoning commission that the proposed special event meets applicable provisions of this ordinance and can be carried out without undue adverse impact on surrounding properties or uses and without imposing unfair burden on the taxpayers of Boundary County. In order to allow time for processing, the completed application shall be turned in to the administrator at least 45 days prior to the event.

8.9.1.1.        Administrator: Upon receipt of a completed special event permit application and applicable fee, the administrator will provide copies of the application to all affected county departments to include, at minimum, adjoining property owners, ambulance service, associated fire district or association, the sheriff’s office and road and bridge, for review and comment, allowing not less than 7 consecutive days during which written comments and recommendations, if any, are to be returned.

8.10.                    Considerations: When considering a special event application, the zoning administrator should determine, at minimum:

8.10.1. Whether the application, site plan and additional documentation provided by the applicant sufficiently demonstrate the full scope of the use proposed.

8.10.2. Whether the proposed use conforms to all applicable standards established by this ordinance.

8.10.3. Whether there is sufficient land area to accommodate the proposed use and whether the event is so arranged and conducted so as to minimize adverse effects on surrounding properties and uses.

8.10.4.  Whether concerns raised by other departments, agencies or public service providers, including but not limited to law enforcement, road and bridge, water, sewage disposal, electricity, fire protection and emergency medical, can be adequately addressed and resolved.

8.10.5. Whether the use proposed would constitute a public nuisance, impose undue adverse impact to established surrounding land uses or infringe on the property rights of surrounding property owners, and whether terms and conditions could be imposed adequate to mitigate those effects.

8.10.6. Whether the use proposed would unfairly burden Boundary County taxpayers with costs not offset by the potential benefits of the proposed event.

8.10.7. The comments and recommendations submitted by affected county departments.

8.11. Terms and Conditions: In considering approval of an application to establish a special event, the administrator may consider the imposition of terms and conditions as a means of eliminating or mitigating potential adverse effects or to provide for public safety, provided such terms and conditions address conditions specific to the use proposed so as not to constitute a taking of property rights. Such terms and conditions may, but are not limited to:

8.11.1. Control the sequence and timing of development.

8.11.2. Establish or limit hours of operation.

8.11.3. Establish limits on the timing and/or duration of potentially disruptive activities.

8.11.4. Require the installation of public services or utilities as recommended by providers.

8.11.5. Establish specific locations and/or standards for structures, parking areas, access lanes, etc., to reduce adverse impact on traffic or traffic patterns.

8.11.6. Establish standards for landscaping, fencing, lighting or other measures so as to maintain the aesthetics or character of the area in which the use is proposed or to contain noise, dust, light or other potential nuisances from encroaching onto adjoining properties.

8.11.7. Require specific security measures, such as security staff, fencing, secure storage areas, fire prevention measures, etc., that are appropriate to the use and necessary for public safety.

8.11.8. Require proof of compliance with other county, state or federal regulations.

8.12.     Enforcement: In considering the terms and conditions imposed by this permit, it is the responsibility of the administrator to respond to formal complaints received and, consistent with Section 4.3., to attempt to bring about voluntary compliance. See also 4.7.

8.13.     Decision: Based on the findings developed, the administrator may:

8.13.1.   Approve: Approve the application, issuing the applicant a special event permit, to include terms conditions established for the approval of the permit. The administrator shall also provide the Boundary County Commissioners with a Staff Report and all accompanying documentation.

8.13.2. Disapprove: Disapprove the application for cause, establishing findings sufficient to support the decision. The applicant will be provided a copy of those findings and advised of rights to appeal.

8.13.3. Defer Decision Authority: The administrator may defer decision authority, forwarding to county commissioners a written recommendation or synopsis of issues when:

8.13.3.1. It is decided by the administrator that a guarantee of installation agreement pursuant to Section 5 is necessary as a condition of approval; or

8.13.3.2. When the scope of the application or controversy generated is such that the administrator determines that decision authority should rest with the board of county commissioners.

8.13.4. When decision authority is deferred to the board of county commissioners, the administrator will schedule public hearing before that body, pursuant to Section 19.

 

9. TEMPORARY USE PERMITS

 

9.1. Deciding Body: Board of county commissioners.

9.2. Definition: A temporary use is a use of limited and specific duration which, due to its intensity, would otherwise be prohibited or be considered to be objectionable or cause undue impact within a zone district, but which can be anticipated and planned for by the establishment, by the applicant, of a specific termination date or other binding limitations, conditions and safeguards so as to mitigate potential adverse long-term impacts.

9.3. Applicability: When a temporary use is proposed in any zone district, a temporary use permit shall be approved prior to the onset of development. Upon approval, the temporary use permit, and any terms or conditions attached thereto, will become the controlling plan for the conduct of the use for its duration, to include site reclamation, and may not be changed or expanded without action by the board of county commissioners.

9.4. Duration of Permit: Where a temporary use permit is granted, it will remain in effect for the duration of that use and terminate on the date the site is reclaimed or on the end date specified in the permit, or when the binding limitations take effect, whichever comes first.

9.5. Penalties for Violation: Failure to obtain a temporary use permit prior to establishing a use for which one is required will constitute a misdemeanor pursuant to Section 4.1.3.6. Failure to comply with a temporary use permit will constitute an infraction pursuant to Section 4.1.1.6. If the property owner is found guilty of more than two infractions, of the same kind, within a two year period then the charge will increase to a misdemeanor.

9.6. Administration:

9.6.1.      Applicant: It is the responsibility of the applicant, on forms provided by the administrator, to provide at the time application is made sufficient information, detail, data and documentation so as to demonstrate to the planning and zoning commission that the proposed temporary use is compatible with the zone district and surrounding land uses, that the use proposed meets applicable specific standards established by this ordinance and that the use can be carried out without undue adverse impact on surrounding properties or uses and without imposing unfair burden on the taxpayers of Boundary County. Applications for a temporary use require a timeline for the development and conduct of the use as well as a reclamation plan to be completed upon conclusion of the use. In order to allow time for processing, the completed application should be turned in to the administrator at least 130 days prior to the onset of the use.

9.6.2.      Administrator: Upon receipt of a completed temporary use permit application and applicable fee, the administrator will schedule public hearing on the next available agenda of the planning and zoning commission pursuant to Section 19. Following the deadline for receipt of written comment and at least one week prior to the scheduled public hearing, the administrator will mail copies of the application, to include documentation and written comment received, to each member of the planning and zoning commission for review. The mailing will also include a staff analysis which will:

9.6.2.1. Summarize the scope and nature of the proposed special event.

9.6.2.2. Establish the specifics of the site on which the use is proposed, to include parcel number, legal description, parcel size, zone district designation, surrounding zone district designations and surrounding land uses.

9.6.2.3. Identify all overlay zones, hazardous areas or special sites that might be affected by the proposed use.

9.6.2.4. Cite comprehensive plan considerations.

9.6.2.5. Cite provisions of this ordinance applicable to the specifics of the application, to include specific standards applicable to the use proposed.

9.6.2.6. Cite precedents that might be applicable to the specifics of the proposal.

9.6.3.      Planning and Zoning Commission: The planning and zoning commission will hold public hearing on the proposed temporary use. Based on the materials in the application, staff analysis and testimony presented in writing or during public hearing, members of the planning and zoning commission will hold discussion to consider the use proposed and, if applicable, terms and conditions so as to develop reasoned findings and recommendation to county commissioners.

9.7. Considerations: When considering a temporary use application, the planning and zoning commission should determine, at minimum:

9.7.1.      Whether the application, site plan and additional documentation provided by the applicant sufficiently demonstrate the full scope of the use proposed.

9.7.2.      Whether the proposed use conforms to all applicable standards established by this ordinance.

9.7.3.      Whether there is sufficient land area to accommodate the proposed use and whether the use is so arranged and conducted so as to minimize adverse effects on surrounding properties and uses.

9.7.4.      Whether concerns raised by other departments, agencies or public service providers, including but not limited to road and bridge, water, sewage disposal, electricity and fire protection, can be adequately addressed and resolved.

9.7.5.      Whether specific concerns raised through the public hearing process have validity and whether those concerns can be adequately addressed by imposing conditions or restrictions.

9.7.6.      Whether the use proposed would constitute a public nuisance, impose undue adverse impact to established surrounding land uses or infringe on the property rights of surrounding property owners, and whether terms and conditions would be adequate to eliminate or mitigate those effects.

9.7.7.      Whether the use proposed would unfairly burden Boundary County taxpayers with costs not offset by the potential benefits of the proposed use.

9.8. Terms and Conditions: In considering approval of an application to establish a special event, the planning and zoning commission may consider the imposition of terms and conditions as a means of eliminating or mitigating potential adverse effects or to provide for public safety, provided such terms and conditions address conditions specific to the use proposed so as not to constitute a taking of property rights. Such terms and conditions may, but are not limited to:

9.8.1.      Control the sequence and timing of development.

9.8.2.      Establish or limit hours of operation.

9.8.3.      Establish limits on the timing and/or duration of potentially disruptive activities.

9.8.4.      Require the installation of public services or utilities as recommended by providers.

9.8.5.      Establish specific locations and/or standards for structures, parking areas, access lanes, etc., to reduce adverse impact on traffic or traffic patterns.

9.8.6.      Establish standards for landscaping, fencing, lighting or other measures so as to maintain the aesthetics or character of the area in which the use is proposed or to contain noise, dust, light or other potential nuisances from encroaching onto adjoining properties.

9.8.7.      Require specific security measures, such as security staff, fencing, secure storage areas, fire prevention measures, etc., that are appropriate to the use and necessary for public safety.

9.8.8.       Require proof of compliance with other county, state or federal regulations.

9.9. Findings and Recommendation: Upon conclusion of public hearing and based on the findings developed, the planning and zoning commission may, by motion and majority vote:

9.9.1.       Recommend Approval: Forward written recommendation to county commissioners to approve the application, establishing recommended terms and conditions and findings sufficient to enable staff to prepare written decision. At the discretion of the planning and zoning commission, final action may be tabled until the next regular meeting to allow review and approval of the written findings and decision.

9.9.2.      Recommend Disapproval: Forward written recommendation to county commissioners to disapprove the application, establishing findings sufficient to enable staff to prepare written decision. At the discretion of the planning and zoning commission, final action may be tabled until the next regular meeting to allow review and approval of the written findings and decision.

9.9.3.      Render Considerations: Forward to commissioners written considerations when the planning and zoning commission is split and unable to reach consensus on a recommendation. These written considerations will specify issues of contention and the rationale of members on each side of the issue, to include any terms or conditions proposed. Final action will be tabled until the next regular meeting to allow review and approval of written considerations, with motion and majority vote authorizing the chairman to sign.

9.10.                    Board of County Commissioners: Upon receipt of findings and recommendation, the administrator will schedule public hearing before the board of county commissioners pursuant to Section 19. Based on the materials in the application, the findings of the planning and zoning commission and new testimony presented in writing or during public hearing, members of the board of county commissioners will hold discussion to consider a decision and, if applicable, terms and conditions so as to develop reasoned findings so as to:

9.10.1. Approve: Approve the application, setting a specific date on or conditions upon which the permit shall expire, terms and conditions and findings sufficient to enable staff to prepare written decision. At the discretion of the board of county commissioners, final action may be tabled to allow review and approval of the written findings and decision. On receipt of a signed decision to approve, the administrator will issue the applicant a temporary use permit, to include terms conditions established.

9.10.2. Disapprove: Disapprove the application for cause, establishing findings sufficient to enable staff to prepare written decision. At the discretion of the board of county commissioners, final action may be tabled to allow review and approval of the written findings and decision. On receipt of a signed decision to disapprove, the applicant will be provided a copy of those findings and advised of rights to appeal.

9.10.3. Table: Table a final decision to allow the applicant to obtain documentation of agency approvals or to provide additional specific information when the board of county commissioners is likely to approve the application but:

9.10.3.1.         The site plan and/or other documentation fail to provide a clear and definable description of the scope of the development or use proposed.

9.10.3.2.         Portions of the application fail to conform to specific standards established by this ordinance.

9.10.3.3.         Additional agency approvals are established as a condition of approval requiring proof of compliance before additional development can proceed.

 

10. STANDARDS FOR SPECIFIC USES

 

10.1. Standards for Commercial, Light Industrial and Industrial Use: The following provisions apply equally to all commercial, light industrial and industrial uses operating within the jurisdiction of Boundary County.

10.1.1. Hazardous Materials: Any commercial or industrial activity involving the use or storage of hazardous materials, including but not limited to flammable, explosive, corrosive, poisonous or radioactive materials will provide for the safe storage and handling of these materials in compliance with current state and federal regulations so as not to threaten public safety. Such materials will be stored or kept for disposal in areas secure from public trespass.

10.1.2. Dust: Excessive dust from commercial or industrial activities, parking areas and access ways will be controlled by landscaping, paving, application of dust suppression materials or by installation of filters, as appropriate.

10.1.3. Noise: Regularly occurring noise from commercial or industrial activities will be muffled, contained or otherwise controlled to reduce volume at the nearest property line similar to the sound of a residential lawnmower.

10.1.4. Lighting: All permanently installed exterior lighting will be designed and placed so as not to produce glare onto adjoining properties or roadways.

10.2. Off-Street Parking: In all zone districts, off-street parking areas will be depicted on development permit applications, to include access ways, in accordance with the minimum standards here established:

10.2.1. Residential: A minimum of two parking spaces will be provided for each single-family residential unit.

10.2.2. Transient Lodging Facilities: One parking space will be provided for each guest room or suite, plus additional parking sufficient to accommodate staff, including shift change.

10.2.3. Public Assembly Places:

10.2.3.1. Community halls, restaurant, clubs, dances halls and similar public gathering places will provide at minimum one parking space per 100 square feet of interior space.

10.2.3.2. Auditoriums, theaters, churches and like places of public assembly will provide at minimum one parking space for each three seats or two parking spaces for each 100 square feet of interior space, whichever is greater.

10.2.3.3. Public assembly places having a limited occupancy fire rating will provide one parking place for each three persons allowed in occupancy.

10.2.4. Commercial and Industrial Uses:

10.2.4.1. Off-street public parking will be provided within 300 feet of the primary structure for all commercial or industrial uses.

10.2.4.2. Parking will include sufficient area to accommodate the highest number of employees on shift at any one time, to include shift change.

10.2.4.3. Banks, professional offices, retail business establishments and service businesses will provide at minimum one parking space for each 400 square feet of interior space.

10.2.4.4. Warehouse, manufacturing and other industrial businesses will provide at minimum one parking space per 1,000 square feet of interior floor space.

10.2.5. Size and Placement of Off-Street Parking Spaces:

10.2.5.1. Each off-street parking space will have an area of not less than 200 square feet, exclusive of drives and aisles, and a width of not less than 10 feet. Each parking space will have sufficient ingress and egress to a drive or aisle of sufficient width to provide space for backing and turning.

10.2.5.2. Parking spaces will be situated so that vehicles in the process of parking do not project into any road, thoroughfare or public right-of-way.

10.2.5.3. Designated handicap parking spaces will be provided pursuant to Idaho Code.

10.2.5.4. When the normal business hours of two or more adjacent commercial or industrial establishments do not generally overlap, off-street parking may be combined to equal or exceed the highest number of spaces required by any one establishment.

10.2.5.5. Parking areas will be designed to include drainage to prevent surface water from flowing onto adjoining properties.

10.2.5.6. All driveway approaches connecting to a county road or state highway will be approved by Boundary County Road and Bridge or the Idaho Department of Transportation, as appropriate.

10.2.5.7. Boundary County does not require that parking areas be surfaced, only proof of sufficient land area to accommodate the use.

10.3. Signs

10.3.1. Applicability: The provisions of this sub-section apply to all freestanding advertising signs placed within the jurisdiction of Boundary County.

10.3.2. Exemptions: The provisions of this sub-section do not apply to:

10.3.2.1. Political campaign signs placed in conformance with state law.

10.3.2.2. Temporary on-premise signs for the purpose of identifying property for sale.

10.3.2.3. Temporary signage, not to exceed eight square feet in size, placed for the purpose of announcing an event of limited duration, such as a yard sale, wedding reception, reunion, or similar activity.

10.3.2.4. Advertising signs painted on or attached to a building or structure so as not to increase the overall height or size of the structure.

10.3.3.  On-Premise Signs: On premise signs are free standing signs erected or placed on the same lot or parcel as the business or enterprise being advertised. The following provisions apply:

10.3.3.1. Not more than two freestanding on-premise signs related to any use not regulated by Boundary County or any use approved by issuance of an administrative development permit in any zone district except Rural Community/Commercial, Commercial/Light Industrial or Industrial, provided the face of the sign do not exceed 32 square feet in surface area or exceed twelve feet in height above ground surface. Such signs shall not be placed in any right of way or easement, and will not interfere with traffic or impede traffic line-of-sight. Such signs may be two-sided and illuminated front and back, but will not be moving, blinking or flashing and will not produce glare to traffic or on adjoining properties.

10.3.3.2. One freestanding on-premise sign not to exceed 600 square feet in surface area or 20 feet in height above ground surface will be allowed as depicted in an approved development permit application for commercial or industrial enterprises located in the Rural Community/Commercial, Commercial/Light Industrial and Industrial zone districts. Such signs may be two sided and illuminated front and back, and may be moving, flashing or blinking provided they do not produce glare to traffic.

10.3.3.3. One freestanding on-premise sign not to exceed 300 square feet of surface area or 18 feet in height above ground surface will be allowed in any zone district as depicted in an approved development permit application for a conditional use permit. Such signs may be two sided and illuminated front and back, and may be moving, flashing or blinking provided they do not produce glare to traffic or onto adjacent properties.

10.3.3.4. On-premise signs in excess of the restrictions established above may be considered by variance in all zone districts on parcels or lots on which a commercial or industrial use has been established.

10.3.4. Off Premise Signs: Off premise signs are freestanding signs situated on a different lot or parcel than the business being advertised. The following provisions apply:

10.3.4.1. Off premise signs are prohibited in the Prime Forestry, Prime Agriculture, Agriculture/Forestry, Suburban, Rural Residential and Residential zone districts.

10.3.4.2. Off premise signs advertising businesses not located within Boundary County are prohibited in all zone districts.

10.3.4.3. Not more than one free standing off-premise sign may be considered as a conditional use within those urban areas of Boundary County zoned Rural Community/Commercial, Commercial or Industrial, provided a business or public assembly facility has been established on the lot or parcel on which the off premise sign is proposed. Off premise signs will not exceed 600 square feet of surface area or 24 feet in height above ground surface. Such signs may be two sided and illuminated front and back, and may be moving, flashing or blinking provided they do not produce glare to traffic or onto adjacent properties.

10.3.4.4. Off premise signs in excess of the standards established at 11.3.4.3, above, are prohibited.

10.4. Towers and Wireless Communications Facilities

10.4.1. Definitions:

10.4.1.1. Tower: A structure taller than its diameter; which can stand alone or be attached to a larger building, which can be used for wind power generation, storage, or for the placement of wireless communications antennas.

10.4.1.2. Wireless Communications Facilities: Any facility designed and used for transmitting, receiving or relaying an electronic signal, to include the site area, towers and antennae.

10.4.2. Exemptions:

10.4.2.1. Reception antennas, dishes and receivers used to provide a signal to individual businesses or residences may be established as a use not regulated by Boundary County in all zone districts.

10.4.2.2. Building-mounted transmission antennas or towers not exceeding 30 feet in height above ground surface may be established as a use requiring an administrative development permit in all zone districts.

10.4.2.3. Freestanding towers not exceeding 50 feet in height above ground surface may be established as a use requiring an administrative development permit in all zone districts.

10.4.2.4. Communications towers, antennas, receivers or transmitters maintained by the Boundary County Translator Board or used for communication for the provision of emergency services.

10.4.3. Standards:

10.4.3.1. The county may impose height limitations based on tower location and topography. No tower will intrude into protected airspace within the airport overlay.

10.4.3.2. Approved towers and wireless communications facilities are exempt from minimum parcel size standards within any zone district in which they are established, provided the outside boundaries of the parcel or lot will be equal to the actual height of the tower plus 25 feet.

10.4.3.3. Only such lighting as required by the Federal Aviation Administration is allowed, and such lighting requirements will be met in the manner least obtrusive to those on the ground. Where allowed by the FAA, such lighting will be shielded from ground view, and nighttime lighting will be steady burning aviation red. Where flashing lighting is required, reduced intensity lighting will be used for nighttime operations. Security lighting at ground level will be allowed, provided the lighting is shielded or directed so as to prevent glare to traffic or glare onto adjacent properties.

10.4.3.4. Wireless communications facilities providing signal for cellular service will be designed to allow co-location, and the addition of transmitters or receivers on an approved tower will not be regulated by Boundary County, provided such additions do not increase the overall height of the tower.

10.4.3.5. Towers or wireless communications facilities will not be used for signage except as required for safety.

10.4.4. Application: In addition to a site plan and other application information required by Boundary County for issuance of a development permit, applicants seeking to establish a tower or wireless communications facility shall provide:

10.4.4.1. Photo or graphic simulations depicting the appearance of the facility proposed.

10.4.4.2. A coverage map indicating those areas that will be served by a proposed communications facility.

10.5. Junkyards:

10.5.1. Non-Commercial Junk Yards:

10.5.1.1. Where a non-commercial junk yard exists at the time of adoption of this ordinance in those zone districts in which such use is prohibited, such use shall be deemed a non-conforming use pursuant to the provisions of Section 15, but must meet or be brought to meet the general provisions established below to allow continuance of the use.

10.5.1.2. Non-commercial junkyards established or maintained contrary to the provisions established herein constitute are hereby deemed a public nuisance subject to the provisions of IC 18-5901.

10.5.2. Commercial Junk Yards:

10.5.2.1. Where a commercial junk yard exists at the time of adoption of this ordinance, such use shall be deemed a non-conforming use pursuant to the provisions of Section 15, but must meet or be brought to meet the general provisions established below to allow continuance of the use.

10.5.2.2. Commercial junkyards established or maintained contrary to the provisions established herein are hereby deemed a public nuisance, subject to the provisions of IC 18-590.

10.5.3. General Provisions, Junkyards:

10.5.3.1. All junkyards will be screened, either by opaque fencing, natural topography or vegetation sufficient to block the use from view from any adjacent property or public right of way and to prevent trespassing. When fencing is used, such fencing will not exceed twelve (12) feet in height. No scrap or junk materials will be stacked, stored or piled to a height exceeding the height of the fence.

10.5.3.2. No junk yard will be located or established within three hundred feet of the boundary of an identified wetland, from the normal high-water mark of any surface water, or from an existing well head.

10.5.3.3. No junkyard will be located or established within a FEMA identified “A” flood zone.

10.5.3.4. No junkyard will be used as an unregulated dumping area for refuse or as a place for the burning or disposal of trash.

10.5.3.5. Prior to final approval of a development permit application to establish a junkyard, a noxious weeds analysis will be conducted of the site and, if necessary, a plan approved by the Boundary County Weed Control Superintendent will be submitted and implemented so as to prevent their spread.

10.5.3.6. Security lighting may be used within the junkyard, but will be directed or shielded so as not to shine or produce glare onto adjoining properties or public roads.

10.6. Mobile Home Parks: Mobile home parks are the use of a single parcel or lot for the placement of multiple temporary or long-term mobile residential or recreational structures, to include mobile homes, recreational vehicles and manufactured homes.

10.6.1. Each stall or space will be designed so that a minimum of twenty (20) feet separates each unit, based on the largest size structure the space can accommodate.

10.6.2. Spaces and accessory structures will be arranged in such a manner as to meet minimum setback requirements established within the zone district.

10.6.3. Roads, rights of ways and approaches within a mobile home park will be constructed to the standards applicable in an urban subdivision, and a minimum of two interconnected points of ingress and egress to a maintained public road will be provided.

10.6.4. Connections will be provided at each space for public services, to include at minimum water, sewage disposal and electricity.

10.6.5. Development permit application site plans for the establishment of a mobile home park will include the following:

10.6.5.1. Detailed drawings depicting the location and dimensions of each space; parking areas, access ways, walkways and utility corridors; common areas and facilities; open space and other detail sufficient to provide a clear picture of the proposed use, as well as landscaping, fencing or other methods to enhance the proposed park and/or to mitigate potential adverse impacts on adjoining properties.

10.6.5.2. A fire mitigation plan, approved by the authorized representative of the fire district, department or association serving the proposed mobile home park.

10.6.5.3. Covenants, conditions and restrictions applicable to tenants occupying the park.

10.6.5.4. No development permit application shall be required for the placement of mobile, manufactured or recreational vehicles in an approved mobile home park.

10.7. Penalties for Violation: Violation of any standard for specific use will constitute an infraction pursuant to Section 4.1.1.1.

 

11. SUBDIVISIONS

 

11.1. Applicability: Except where exempt at 11.2, below, a development permit authorizing subdivision will be obtained prior to the partition of any lot or parcel within the jurisdiction of Boundary County.

11.2. Exemptions: Provisions of this section do not apply when all new parcels created are not platted and equal or exceed 20 acres or one-thirty-second aliquot portion of a section in size, nor will these provisions or minimum parcel size requirements apply when:

11.2.1. Parcels are created for lease solely for the purpose of agricultural or silvicultural production and harvest.

11.2.2. Parcels are created for mineral, oil or gas leases.

11.2.3. Parcels are created for the placement of government services, public utilities or rights-of-way.

11.2.4. Parcels are divided for the sole purpose of burial or interment within an approved cemetery.

11.2.5. Parcels are established through testamentary provisions or the laws of descent, provided documentation is provided the administrator so as to identify parcels so created.

11.2.6. Divisions of land ordered by a court of competent authority in Boundary County, provided documentation is provided the administrator so as to identify parcels so created.

11.2.7. Division of a single portion of a parcel for the sole purpose of obtaining financing, provided the portion encumbered and the remainder remain under single ownership and that both parcels so created consolidate again into a single parcel upon satisfaction of the debt; or, in the event of foreclosure, documentation from the lender be provided the administrator so as to identify parcels so created.

11.3. Classes of Subdivisions:

11.3.1. Clustered Subdivision: Subdivisions approved by long plat, intended primarily for residential development, that do not increase the overall net development density of the zone district in which they lie, but in which lots to be developed are grouped together and a lot or lots set aside and restricted from development regulated by Boundary County. With Transfer of Development Rights, density may be increased to the condensed development density for the zone. Standards for development depend on the size lots proposed and are further defined in succeeding subdivision types. In a clustered subdivision, the following additional standards apply:

11.3.1.1. Where both community water and sewer service are available, no lot created will be less than ¼ acre in size.

11.3.1.2. Where either community water service or sewer service are available, but not both, no lot created will be less than one acre in size.

11.3.1.3. Where neither community water service or sewer service are available, no lot created will be less than 2 ½ acres in size.

11.3.1.4. No buildable lot lays within an unnumbered A flood zone as identified by the National Flood Insurance Program, or within an identified wetland.

11.3.1.5. To qualify as a restricted lot, the lot or lots so set aside will be used to accomplish one or a combination of the following, as depicted by plat or CCRs:

11.3.1.5.1.  Greenbelt, open space or buffer zone.

11.3.1.5.2.  Critical area protection.

11.3.1.5.3.  Agricultural or silvicultural production and harvest.

11.3.1.5.4.  Common outdoor recreation area, such as but not limited to hiking, hunting, fishing, equestrian, skiing, or playgrounds.

11.3.2. Commercial/Industrial Subdivision: Subdivisions approved by long plat intended primarily for commercial or industrial development in accordance with zone district standards within the rural community/commercial, commercial/light industrial or industrial zone districts. In commercial/industrial subdivisions, the following standards apply:

11.3.2.1. All lots created are served by roads built and surfaced to standards established by the current Boundary County Road Standards Manual.

11.3.2.2. All lots created are served by installed electricity and water connections.

11.3.2.3. All lots created are or can be served by sewer or private septic system.

11.3.3. Lot Line Adjustment: As defined at Section 2.31, processed by short plat.

11.3.4. Mixed Use Subdivision: Subdivisions approved by long plat and intended to provide a combination of residential and commercial uses so as to provide goods, services and economic opportunity to complement residential development in those zones where commercial or light industrial uses are conditionally allowed. Standards for development depend on the size lots proposed and further standards are defined in other subdivision types, and applications will demonstrate the concept, types of use and any limitations thereon. With Transfer of Development Rights, density may be increased to the condensed development density for the zone.

11.3.5. Primitive Subdivision: Subdivision by short plat to create subdivisions primarily intended for residential development, or where each lot meets or exceeds the standard net development density of the zone district in which it lies, but are not less than five acres, and which make limited or no provision for the construction or installation of basic utilities, to include roads, water, septic or electrical service. Primitive subdivisions will accurately disclose the level of services or lack thereof on the face of the plat, and each lot so created will have, at minimum, defined access and easements meeting width requirements established by the current Boundary County Road Standards Manual from an existing public road.

11.3.6. Rural Subdivision: Subdivision by short plat to create lots primarily intended for residential development where each lot meets or exceeds the standard net development density of the zone district in which it lies and where no lot created is less than 2 ½ acres in size. In a rural subdivision, the following development standards apply:

11.3.6.1. Roads intended for adoption by Boundary County shall be built and surfaced to standards established by the current Boundary County Road Standards Manual serve all lots created. Where roads are to remain under private ownership and maintenance, the subdivision created shall be served by defined access and utility easements to an existing public road, to meet width and slope requirements established by the current Boundary County Road Standards Manual, and all lots shall be served by roads surfaced to a standard sufficient to allow all-weather access by emergency vehicles, actual surface notwithstanding. Where four or fewer lots are proposed, road width and slope requirements may be waived.

11.3.6.2. Each lot created is or can be served by a water district association, approved community water system or by private well.

11.3.6.3. Each lot created is or can be served by sewer or private septic system.

11.3.6.4. Each lot is or can be served by an electrical utility.

11.3.7.  Urban Subdivision: Subdivision by long plat to create lots primarily intended for residential development in which any lot proposed is less than 2 ½ acres in size. With Transfer of Development Rights, density may be increased to the condensed development density for the zone. In an urban subdivision, the following standards apply:

11.3.7.1. Roads intended for adoption by Boundary County shall be built and surfaced to standards established by the current Boundary County Road Standards Manual serve all lots created. Where roads are to remain under private ownership and maintenance, the subdivision created shall be served by defined access and utility easements to an existing public road, to meet width and slope requirements established by the current Boundary County Road Standards Manual, and all lots shall be served by roads surfaced to a standard sufficient to allow all-weather access by emergency vehicles, actual surface notwithstanding. Where four or fewer lots are proposed, road width and slope requirements may be waived.

11.3.7.2. Electrical service sufficient for residential use is brought to each lot.

11.3.7.3. Each lot is or can be served by a water district or association or by private well.

11.3.8.4. A sewer or an installed septic system serves each lot.

11.4. Applications for Platted Subdivision: It is the responsibility of the applicant, based on the specific provisions of the zone district in which the subdivision is proposed, to provide sufficient information and data so as to convince the deciding body that the specific proposal is or can be made compatible with zone district requirements, that sufficient public services are or can be made available to accommodate the proposed subdivision and that subdivision standards are met. Applications for platted subdivisions or lot line adjustments will be made on forms provided by the administrator and include all ownership interest in the property to be divided, to include holders of liens, and bear the signatures of all parties holding an ownership interest in the property being divided indicating approval for platting. In addition, applications shall include:

11.541.  One (1) copy of the full-sized preliminary plat and attachments, plus sufficient copies rendered on paper not to exceed 11x17 inches in size to allow for public hearing, as determined by the administrator.

11.4.2.  Preliminary copy of proposed CC&Rs, if any.

11.4.3.  Additional documentation, charts, maps or drawings so as to convey the scope and design standards of the proposed subdivision, as determined by the applicant.

11.5. Preliminary Plat Requirements: Preliminary plats submitted for consideration of establishing a platted subdivision shall be drawn to a scale of not less than one (1) inch to two hundred (200) feet, and shall include a north point and graphic scale. The map will, at minimum:

11.5.1.  Provide the proposed name of the subdivision, so as not to duplicate any name currently in use.

11.5.2.  Accurately describe and propose names, as approved by County GIS Mapping, for all streets, alleys and other routes of access, with widths, courses and grades clearly shown.

11.5.3.  The names of any special purpose districts serving the area where the subdivision is to be proposed or which are anticipated to serve the proposed subdivision, including but not limited to school districts, water and sewer districts, fire districts and irrigation districts.

11.5.4.  The profile of each street, road or alley intended for dedication or conveyance to Boundary County, showing tentative grades and cross sections showing widths of roads, culverts, ditches, sidewalks and other features as applicable. All roads proposed for dedication or conveyance shall be designed, constructed and surfaced to standards established in the current Boundary County Road Standards Manual, and approved by Boundary County Road and Bridge prior to acceptance.

11.5.5.  The location of important infrastructure features within or adjacent to the proposed subdivision, including but not limited to railroad lines, existing roads and easements, existing sanitary sewers, wells, water lines, utility easements, private easements, irrigation or drainage structures, storm drains or storm water control improvements, culverts, electrical lines, telephone lines, etc., and include the name of each company, utility district or individual providing easement or service.

11.5.6.  The location and nature of important topographical features within or adjacent to the proposed subdivision, including but not limited to water courses, riparian areas, wetlands, special or hazardous areas, and public parks, traditional recreation areas, greenbelts or open spaces.

11.5.7.  Define all lots proposed, including lots to be restricted, numbered consecutively by lot and/or block, showing the exterior boundaries by distance and bearing and including the actual size, in acreage, of each lot proposed.

11.5.8.  Include inset or separate sheet depicting the general characteristics of the area in which the subdivision is proposed, to include adjacent or nearby platted subdivisions.

11.5.9.  Include inset or separate sheet depicting the general topography of the ground proposed for platting.

11.6. Administration, Platted Subdivision:

11.6.1.  Lot Line Adjustment/Short Plat Subdivision:

11.6.1.1. Applicant: Applications for lot line adjustments or short plat subdivisions will be made on forms provided by the administrator and will include preliminary plat as established at 11.5, above.

11.6.1.2. Administrator: Upon receipt of a completed application for lot line adjustment or short plat, the administrator will provide copies of the application and preliminary plat to the County Assessor, Treasurer, Road and Bridge, GIS Mapping, and Weeds Department and schedule public hearing on the next available agenda of the board of county commissioners, allowing time for public notification. At least one week prior to the date of the hearing, the administrator will provide each member of the board of county commissioners copies of the application, the preliminary plat and any written public comment received, along with a staff analysis, which will at minimum provide:

11.6.1.2.1.  A summary of the development proposed, including the type subdivision.

11.6.1.2.2.  The specifics of the site on which platting is proposed, including parcel number(s), parcel size, zone district designation, surrounding zone district designations and surrounding land uses.

11.6.1.2.3.  Overlay zones, hazardous areas or special sites affected by the application.

11.6.1.2.4.  Other agency approvals that might be required prior to the onset of development.

11.6.1.2.5.  Comprehensive plan considerations.

11.6.1.2.6.  A listing of applicable provisions of this ordinance, including standards.

11.6.1.3. Board of County Commissioners: At the conclusion of public hearing and based on materials included in the application, the staff analysis and comment received through public hearing, the board of county commissioners will hold discussion to reach a reasoned decision and consider terms or conditions sufficient to allow the administrator to prepare written findings and decision.

11.6.1.4. Considerations: When considering an application for lot line adjustment or short plat, the board of county commissioners should determine, at minimum:

11.6.1.4.1.  Whether the proposed plat is in accord with applicable provisions of this ordinance.

11.6.1.4.2.  Whether adequate public services are or can be made available.

11.6.1.4.3.  Whether the proposed subdivision is designed so as to reduce or eliminate adverse impact on adjacent properties or land uses.

11.6.1.4.4.  Whether the proposed subdivision is situated so as to avoid potentially hazardous or sensitive areas or sites.

11.6.1.4.5.  Whether access is sufficient to accommodate increases that might result from the subdivision proposed.

11.6.1.5. Terms and Conditions: In considering approval of a lot line adjustment or short plat, the board of county commissioners may consider the imposition of terms and conditions as a means of addressing concerns, to mitigate potential adverse effects, to protect the public interest or to ensure that the burden of providing necessary infrastructure does not fall to the general public. Terms and conditions may include, but are not limited to:

11.6.1.5.1.  Control the sequence and timing of development.

11.6.1.5.2.  Establish provisions for perpetual maintenance of public areas, facilities or utilities, to include roads.

11.6.1.5.3.  Require the installation of essential infrastructure, to include requiring a guarantee of installation and surety pursuant to Section 5.

11.6.1.5.4.  Require landscaping, fencing or other such measures to reduce potential adverse impacts or to maintain aesthetics.

11.6.1.5.5.  Require specific security measures, such as traffic signs, traffic and school bus turnouts, fencing, gating or lighting to protect the public safety.

11.6.1.5.6.  Require specific endorsement on the face of the final plat sufficient to inform potential buyers of levels or lack of services to be provided, potential nuisances to expect or other information deemed appropriate to reasonably assure that buyers are aware of any limitations in what they are buying.

11.6.1.6. Decision: Based on the findings developed, the board of county commissioners will develop written findings, and may, at their discretion, table the final adoption of these findings and decision to a specific date and time so as to allow review and approval. The board of county commissioners may:

11.6.1.6.1.  Approve: Approve the application and processing of final plat by motion and majority vote, establishing applicable terms and conditions to be required for signature on final plat.

11.6.1.6.2.  Table: Table the application and preparation of final plat pending adoption of a guarantee of installation and surety, to allow revisions to the preliminary plat or to CCRs, or to allow documentation of compliance with other agency requirements.

11.6.1.6.3.  Deny: Deny the application for cause.

11.6.2.  Long Plat Subdivision:

11.6.2.1. Applicant: Applications for long plat subdivisions will be made on forms provided by the administrator and will include preliminary plat as established at 11.5, above.

11.6.2.2. Administrator: Upon receipt of a completed application for long plat subdivision, the administrator will provide copies of the application and preliminary plat to the County Assessor, Treasurer, Road and Bridge, GIS Mapping, and Weeds Department and schedule public hearing on the next available agenda of the planning and zoning commission, allowing time for public notification. At least one week prior to the date of the hearing, the administrator will provide each member of the planning and zoning commission copies of the application, the preliminary plat and any written public comment received, along with a staff analysis, which will at minimum provide:

11.6.2.2.1.  A summary of the development proposed, including the type subdivision.

11.6.2.2.2.  The specifics of the site on which platting is proposed, including parcel number(s), parcel size, zone district designation, surrounding zone district designations and surrounding land uses.

11.6.2.2.3.  Overlay zones, hazardous areas or special sites affected by the application.

11.6.2.2.4.  Other agency approvals that might be required prior to the onset of development.

11.6.2.2.5.  A listing of applicable provisions of this ordinance, including standards.

11.6.2.3. Planning and Zoning Commission: At the conclusion of public hearing and based on materials included in the application, the staff analysis and comment received through public hearing, the planning and zoning will hold discussion to reach a reasoned decision and consider terms or conditions sufficient to allow the administrator to prepare written findings and recommendation.

11.762.3.1.  Considerations: When considering an application for long plat subdivision, the planning and zoning commission should determine, at minimum:

11.6.2.3.1.1. Whether the proposed plat is in accord with applicable provisions of this ordinance.

11.6.2.3.1.2. Whether adequate public services are or can be made available.

11.6.2.3.1.3. Whether the proposed subdivision is designed so as to reduce or eliminate adverse impact on adjacent properties or land uses.

11.6.2.3.1.4. Whether the proposed subdivision is situated so as to avoid potentially hazardous or sensitive areas or sites.

11.6.2.3.1.5. Whether access is sufficient to accommodate increases that might result from the subdivision proposed.

11.6.2.3.2.  Terms and Conditions: In considering a recommendation of approval of a long plat subdivision, the planning and zoning commission may consider the imposition of terms and conditions as a means of addressing concerns, to mitigate potential adverse effects, to protect the public interest or to ensure that the burden of providing necessary infrastructure does not fall to the general public. Terms and conditions may include, but are not limited to:

11.6.2.3.2.1. Control the sequence and timing of development.

11.6.2.3.2.2. Establish provisions for perpetual maintenance of public areas, facilities or utilities, to include roads.

11.6.2.3.2.3. Require the installation of essential infrastructure, to include requiring a guarantee of installation and surety pursuant to Section 5.

11.6.2.3.2.4. Require landscaping, fencing or other such measures to reduce potential adverse impacts or to maintain aesthetics.

11.6.2.3.2.5. Require specific security measures, such as traffic signs, traffic and school bus turnouts, fencing, gating or lighting to protect the public safety.

11.6.2.3.2.6. Require specific endorsement on the face of the final plat sufficient to inform potential buyers of levels or lack of services to be provided, potential nuisances to expect or other information deemed appropriate to reasonably assure that buyers are aware of any limitations in what they are buying.

11.6.2.3.3.  Recommendation: Based on the findings developed, the planning and zoning commission will develop written findings and recommendation. At their discretion, the planning and zoning commission may table release of findings and recommendation until the next regular meeting to allow review and approval. In rendering findings and decision, the planning and zoning commission may;

11.6.2.3.3.1. Recommend Approval: Forward to county commissioners a recommendation of approval, to include recommended terms and conditions.

11.6.2.3.3.2. Recommend Disapproval: Recommend that the application for long plat be denied for causes described.

11.6.2.3.3.3. Render Considerations: Forward to county commissioners written considerations when the planning and zoning commission is split and unable to reach consensus on a recommendation.  These written considerations will specify issues of contention and the rationale of members on each side of the issues, to include any terms or conditions proposed. Final action will be tabled until the next regular meeting to allow review and approval of written considerations, with motion and majority vote to authorize the chairman to sign.

11.6.2.4. Board of County Commissioners: Upon receipt of signed findings and recommendation, the administrator will schedule public hearing before the board of county commissioners pursuant to Section 21. At the conclusion of public hearing and based on materials included in the application, staff analysis, the findings and recommendation of the planning and zoning commission and on new comment received through public hearing, the board of county commissioners will hold discussion to reach a reasoned findings and to establish terms or conditions as established at Sections 12.7.2.3.1 and 12.7.2.3.2 sufficient to allow the administrator to prepare written findings and decision.

11.6.2.5. Decision: Based on the findings developed, the board of county commissioners will develop written findings, and may table the final adoption of these findings and decision to a specific date and time so as to allow review and approval. The board of county commissioners may:

11.6.2.5.1.  Approve: Approve the application and processing of final plat by motion and majority vote, establishing applicable terms and conditions to be required for signature on final plat.

11.6.2.5.2.  Table: Table the application and preparation of final plat pending adoption of a guarantee of installation and surety, to allow revisions to the preliminary plat or to CCRs, or to allow documentation of compliance with other agency requirements.

11.7.2.5.3.  Deny: Deny the application for cause.

11.7. Final Plat Requirements: Following approval of the preliminary plat, and prior to the sale or conveyance of any lot or block, the applicant shall cause to be drawn a final plat in conformance with the terms and conditions established and with Title 50, Chapter 13, Idaho Code, and the following:

11.7.1.  The name of the subdivision and the name of the larger tract or subdivision of the Public Land Survey System of which it is part. The names of the subdivider(s) and the seal and signature of the engineer and/or surveyor who prepared the plat.

11.7.2.  The initial point of survey and descriptions and locations of monuments in accordance with the provisions of Idaho Code.

11.7.3. The centerlines and widths of all existing or proposed streets, roads and alleys.

11.7.4. The length and bearing of the lines of all lots, streets, roads, alleys, rights of ways and easements.

11.7.5.  A place for the signature of the appropriate official of the Panhandle Health District for certification of compliance of the plat per requirements of 50-1326 through 50-1334, Idaho Code.

11.7.6.  A certificate containing the correct description of all lands dedicated to Boundary County, along with a place for signed acknowledgement by the officer duly authorized to accept such dedications.

11.7.7.  A valid title policy which guarantees clear title on all property intended for dedication or conveyance to Boundary County.

11.7.8.  A place for the signature of the Boundary County Treasurer certifying that there are no county property taxes due and unpaid on the lands contained within the plat.

11.7.9.  If the plat is located within any special purpose district, the plat shall contain a certificate bearing the signature of the appropriate official of such district signifying the plat’s compliance with the regulations of the district and/or the relevant provisions of Idaho Code.

11.7.10.  A place for the signature of the designated county surveyor, with surveyor’s fee to be paid by applicant.

11.7.11.                      A place for the signature of the chairman of the Board of County Commissioners signifying the board’s approval of the plat for recording and filing.

11.7.12.                      A place for the signature of the Boundary County Clerk of Court certifying recordation of the plat.

11.7.12.1.    Recording Final Plat: Prior to recording the final plat, the applicant shall obtain requisite signatures from all but the chairman of the board of county commissioners and the Boundary County Clerk of Court, and shall then submit two (2) signed mylar copies of the final plat and CC&Rs to the administrator. Upon receipt of final plat, the administrator will review the plat to ensure conformance with terms and conditions established by the board of county commissioners, and then schedule time on the next available agenda of the board for final plat signature. The board may then authorize the chairman to sign the final plat and authorize the plat for signature and recording with the county clerk of court.

11.8.                    Penalties for Violation:

11.8.1.  Failure to File Simple Subdivision: Failure to file simple subdivision when so required will constitute an infraction pursuant to Section 4.1.1.3.

11.982.  Failure to Plat: When a subdivision requiring plat is created in violation of this ordinance, or when a lot is offered or conveyed prior to recording a final plat, the property owner will be guilty of a misdemeanor for each lot or parcel created pursuant to Section 4.1.3.8. In addition, penalties established at IC 50-1314 may be levied.

11.8.3.  False Representation: The owner of real property who offers for sale a parcel or parcels represented as being in a subdivision when no final plat has been recorded will be guilty of a misdemeanor for each parcel so offered pursuant to Section 4.1.3.9. Additionally, agents of the owner involved in false representation may be subject to disciplinary action as established at IC 54-2060.

11.19.                Density Bonuses

11.9.1.                      Conveyance Of Residential Development Rights

11.9.1.1.    Objective: To establish a means and process by which owners of privately held lands within the jurisdiction of Boundary County, possessing in higher measure those characteristics and attributes deemed essential to the safety, economy, and well being of the community as a whole as established either by zone district or the provisions of the Boundary County Comprehensive Plan, and which would be lost were the right to develop for residential use be exercised, may instead, voluntarily and for compensation or other benefit, extinguish that residential development right and convey that right to another person or entity to hold, or to the owner of another parcel within Boundary County which is more suitable for residential development to allow a defined increase in net development density.

11.9.1.2.    Residential Development Right Defined: A residential development right is a right of property ownership to develop a residential structure upon a piece of property, which may be held, exercised or legally transferred for value received at the discretion of the property owner. The parcel from which a development right is conveyed is the “sending” parcel, the parcel upon which the development right may be exercised is the “receiving” parcel.

11.9.1.3.    Development Right Quantified: For the purpose of this section, a development right shall be deemed to exist in the ratio of one (1) single family residence per each ten (10) acres of undeveloped and unplatted privately held land from which a right is transferred and development restricted in every zone district, except the restricted zone. Where a parcel from which a development right is conveyed is defined as an aliquot portion of a section, an area equal to one-sixty fourth (1/64^th) aliquot portion shall nominally equal ten (10) acres. When a metes and bounds description is used, ten acres shall equal 435,600 square feet of surface area.

11.9.1.4.    Restricted Development Zone District: The restricted development zone district is established for the purpose of administering this section, and will encompass and include those lands voluntarily restricted from development through conveyance of development rights. Within lands so zoned, residential development or the establishment of a conditional or other use requiring a county permit will be prohibited. Lands included in the restricted development zone will not be eligible for re-zoning for a period of not less than thirty years from the date of conveyance, and then subject to the procedures established for zone map amendment in effect at that time.

11.9.1.5.    Effect of Conveying Residential Development Rights: Upon conveyance of a residential development right, the parcel or legally described portion thereof from which rights are conveyed will be included within the restricted development zone district, regardless of succeeding changes in ownership, until rezoned pursuant to Section 11.9.1.4, above. Conveying a development right does not convey real property, nor shall such conveyance limit or preclude the establishment or continuance of any use not regulated by Boundary County within the zone district of the sending parcel.

11.9.1.6.    Effect of Receiving Residential Development Rights: Upon receipt of a conveyed development right, the owner(s) may hold the right(s) or assign them to a receiving parcel within Boundary County and be eligible to submit application for Urban, Clustered or Mixed-Use subdivision showing one additional developable lot for each development right received, up to the condensed net development density established at Section 11.9.1.9, below. No other requirement established for subdivision development will be relaxed nor abrogated.

11.9.1.7.    Standards for Sending Development Rights: A development right may be conveyed from all privately owned lands within Prime Agriculture zone districts, or from any other zone district when restricting development will:

11.9.1.7.1.          Conserve land for agricultural or timber production and harvest; or

11.9.1.7.2.          Preclude development in an identified flood zone or hazardous area; or

11.9.1.7.3.          Conserve special areas or areas or structures of historical significance, or

11.9.1.7.4.          Preserve riparian areas, wetlands or critical or sensitive wildlife habitats, or

11.9.1.7.5.          Conserve greenbelts, open space or scenic views; or

11.9.1.7.6.          Retain open areas for outdoor recreational pursuits; and

11.9.1.7.7.          Implement the objectives of Chapter 14, Boundary County Comprehensive Plan.

11.9.1.8.    Standards for Receiving Development Rights: Residential development rights may be sent to and exercised upon a parcel within any zone district except prime forestry to establish a platted subdivision, to include clustered and mixed-use subdivisions, when

11.9.1.8.1.          Within the Prime Agriculture and Agriculture/Forestry zone districts, the receiving parcel is situated on marginal to poor timber or agricultural land and where an increase in density will not materially impede existing agricultural or silvicultural operations; and

11.9.1.8.2.          The receiving parcel does not lie wholly within a NFIP-designated A flood zone or an identified wetland; and.

11.9.1.8.3.          The receiving parcel is accessible by an existing public road; and

11.10.1.8.4.          Sufficient public roads and utilities are available or can be provided to accommodate the density proposed; and

11.9.1.9.    Condensed Net Residential Densities: When conveyed development rights are exercised, the maximum net residential densities within each applicable zone district will be:

Zone District	Standard Density	Maximum Condensed Density
Prime Agriculture	1 per 10 acres	1 per 5 acres
Agriculture/Forestry	1 per 10 acres	1 per 5 acres
Rural Residential	1 per 5 acres	1 per 2.5 acres
Suburban, No services	1 per 2.5 acres	1 per 1 ¾ acres
Suburban, partial services	1 per 1 acre	1 per ¾ acres
Urban* - No services	1 per 2 ½ acres	1 per 1 ¾ acres
Urban* - ptl services	1 per 1 acre	1 per ¾ acre
Urban* - full services	Varies	1 per ¼ acre

*Urban = Suburban, Residential and Rural Community/Commercial

Services = Water and Sewer

 

11.9.1.10.                        Administration: The administrator will establish procedures to administer and maintain record of actions taken by property owners pursuant to this section. The administrator will not serve as agent for any party, nor participate in any negotiations involving conveyance of residential development rights. Procedures will be established to efficiently:

11.9.1.10.1.      Offer Conveyance: To make known to interested parties those seeking to convey residential development rights.

11.9.1.10.2.      Offer Receipt: To make known to interested parties those seeking to receive conveyed residential development rights.

11.9.1.10.3.      Keep Record: To keep record of conveyed development rights.

11.9.1.11.                        Application for Offering to Convey Development Rights: Those seeking to offer to convey residential development rights and wishing to make such offer known may make application for listing on forms provided by the administrator. There shall be no fee for such application. At minimum, the application will contain:

11.9.1.11.1.      The name, mailing address and contact information of the applicant.

11.9.1.11.2.      The parcel number or legal description and size, in acres, of the parcel(s) from which residential development rights are being offered for conveyance.

11.9.1.11.3.      The total number of residential development rights being offered.

11.9.1.11.4.      The names, titles and signatures of all possessing ownership interest or lien against the property from which rights are to be conveyed signifying approval to offer to convey residential development rights.

11.9.1.11.5.      Except on privately owned land zoned prime agriculture, a summary of the characteristics or attributes of the land which would be preserved by conveying residential development rights.

11.9.1.12.                        Administrative Action on Offer to Convey: Upon receipt of an application offering to convey residential development rights, the administrator will determine if the application complies with the standards established herein. Based upon this determination, the administrator will:

11.9.1.12.1.      Accept: Where the standards herein are met, the administrator will accept the application and add it to a list of residential rights available. The applicant will then be eligible for notification of those seeking to obtain residential development rights.

11.9.1.12.2.      Deny: Where the standards herein are not met, the administrator will inform the applicant, in writing, the reasons for denial, providing information on filing appeal.

11.9.1.13.                        Application Seeking to Obtain Residential Development Rights: Those seeking to obtain conveyed residential development rights and who wish to make that interest known to those seeking to convey those rights may make application for listing on forms provided by the administrator. There shall be no fee attached. At minimum, the application will provide:

11.9.1.13.1.      The name, mailing address and contact information of the applicant.

11.9.1.13.2.      Parcel number of the parcel to which conveyed development rights are proposed to attach, or signed statement from the recipient that the development rights will be held.

11.9.1.13.3.      The total number of residential development rights being sought.

11.9.1.13.4.      A summary of the characteristics and attributes of the land upon which the conveyed rights are to attach.

11.9.1.14.                        Administrative Action on Offer to Obtain: Upon receipt of an application seeking to obtain conveyed residential development rights, the administrator will determine if the application conforms to the standards established herein. Based on this determination, the administrator will:

11.9.1.14.1.      Accept: Where the standards herein are met, the administrator will accept the application and add it to a list of those seeking to obtain residential rights. The applicant will then be eligible for notification of those seeking to convey residential development rights.

11.9.1.14.2.      Deny: Where the standards herein are not met, the administrator will inform the applicant, in writing, the reasons for denial, providing information on filing appeal.

11.9.1.15.                        Conveyance of Residential Development Rights: When agreement is reached between parties for the conveyance of residential development rights, application will be made for Conveyance of Residential Development Rights on forms provided by the administrator. Application will provide, at minimum:

11.9.1.15.1.      The name, address and contact information of the owner(s) of the parcel from which residential development rights are to be conveyed.

11.9.1.15.2.      The parcel number or legal description of a portion thereof of the property from which development rights are to be extinguished through conveyance, including total acreage.

11.9.1.15.3.      The number of residential development rights being conveyed.

11.9.1.15.4.      The names, titles and signatures of all possessing ownership interest or holding lien against the property from which development rights are being conveyed, signifying approval of the transaction. Should any lien holder or party with ownership interest in the property from which rights are conveyed be omitted or refuse to sign, the transaction will be deemed void.

11.9.1.15.5.      Except on privately owned land zoned prime agriculture, a summary of the characteristics or attributes of the land that would be preserved by conveying residential development rights.

11.9.1.15.6.      The name, address and contact information of the owner(s) of the parcel to which development rights are to be conveyed.

11.10.1.15.7.      The parcel number of the parcel to which conveyed residential development right would attach.

11.9.1.15.8.      The date of proposed conveyance, to be not less than ten (10) working days of the date application is made, and the date, agreed upon by all parties but not less than thirty (30) years from date of conveyance, at which time consideration may be given to rezoning.

11.9.1.15.9.      Applicable fees as established by this ordinance.

11.9.1.16.                        Administrative Action to Convey Residential Development Rights: Upon receipt of application for Conveyance of Residential Development Rights, the administrator will ensure that the standards established herein are met. Based on this determination, the administrator will:

11.9.1.16.1.      Approve: Should the standards herein be met, the administrator will issue certificate of compliance authorizing conveyance of residential development rights authorizing the recording of legal instrument of conveyance.

11.9.1.16.2.      Deny: Should the standards herein not be met, the administrator will notify all parties, in writing, of findings and reason for denial, and steps, if any are available, which could be taken to gain approval. Notice of denial will include information on filing appeal.

11.9.1.17.                        Exercise of Conveyed Residential Development Rights: Where residential development rights have been lawfully conveyed and are to be exercised, appropriate application for subdivision proposed will be submitted, along with copies of certificates of compliance and instruments of conveyance for each right to be exercised. When considering the application, the higher density, as established at Section 11.9.1.9, above, will be considered the permitted net density.

 

 

12. VARIANCES

 

12.1. Deciding Body: Planning and zoning commission.

12.2. Applicability:  A variance is a modification of the bulk and placement requirements of this ordinance as to lot size, front yard, side yard, and/or rear yard setbacks, parking space, structure height, or other provisions herein affecting the size of a structure or the placement of the structure on lots or parcels.

12.3. Administration:

12.3.1. Applicant: Applications for variance will be made on forms provided by the administrator, and may be processed singly or simultaneously with the appropriate development permit for the use proposed. It is the responsibility of the applicant to provide sufficient detail, data and documentation so as to demonstrate to the planning and zoning commission that the variance requested meets the provisions established herein.

12.3.2. Administrator: On receipt of a completed application for variance and applicable fee, the administrator will schedule public hearing on the next available agenda of the planning and zoning commission, allowing for public notification. At least one week prior to the scheduled hearing, the administrator will mail copies of the application and supporting documentation and any written comment received to members of the planning and zoning commission. This mailing will also include a staff analysis that will, at minimum:

12.3.2.1.        Describe specifics of the site, to include parcel number, legal description, parcel size, zone district designation, surrounding zone district designations and surrounding land uses.

12.3.2.2.        Identify any overlay, hazardous or special areas or sites affected by the proposed use.

12.3.2.3.        Include a listing of provisions of this ordinance applicable to the variance being sought.

12.3.2.4.        Describe the variance proposed

12.3.2.5.        Include the list of options available to the planning and zoning commission in rendering a decision.

12.3.3.  Planning and Zoning Commission: The planning and zoning commission will hold public hearing on applications for variance and, based on materials in the application, the staff analysis and testimony presented during the public hearing process, hold discussion to render reasoned findings to support a decision.

12.3.4.  Considerations: In considering an application for a variance, the planning and zoning commission should determine, at minimum:

12.3.4.1.        Whether special circumstances of the property, such as its shape, size or features, render the parcel unsuited for uses that would otherwise be allowed in the zone district.

12.3.4.2.        Whether failure to grant variance would infringe on the rights of the property owner or would constitute a taking of private property rights.

12.3.4.3.        Whether granting the variance would confer special privilege to the property owner, of if it would be granted to any property owner in similar circumstances.

12.3.4.4.        Whether the grant of variance would be detrimental to the general public welfare, create a public hazard or be injurious to property or improvements in the immediate vicinity.

12.3.5.  Decision: Based on the findings developed, the planning and zoning commission may:

12.3.5.1.        Approve: Approve the variance and direct staff to prepare written findings and decision. At the discretion of the planning and zoning commission, final action may be tabled until the next regular meeting to allow review and approval of the findings and decision. For tolling appeal, approval of the variance will be effective on the date the chairman signs the findings and decision.

12.3.5.2.        Deny: Deny the application for cause, directing staff to draft written findings and decision, to include steps the applicant might take to gain approval and rights of appeal. At the discretion of the planning and zoning commission, final action may be tabled until the next regular meeting to allow review and approval of the findings and decision. For tolling appeal, approval of the variance will be effective on the date the chairman signs the findings and decision.

12.3.6.  Simultaneous Application: When considering a variance application submitted simultaneously with another development permit application, the variance will be decided and approved before consideration is given to other applications. 

 

13. MEDIATION AND APPEALS

 

13.1. Mediation:

13.1.1.  Purpose: To provide a method and procedure short of formal appeal or judicial action to resolve issues and concerns specific to a land use application between interested parties pursuant to IC 67-6510.

13.1.2.  Invoking Mediation: During any phase of the processing of an application for which public hearing is required by this ordinance, but prior to the rendering of a final decision, mediation may be invoked by the applicant or an affected person by submitting written request to the administrator.

13.1.3.  Effect of Invoking Mediation: Upon agreement to mediate, all processing of the affected application will stop and any public hearings scheduled will be canceled. Any time limitations affecting processing the application will cease. The mediation process will not be part of the official record regarding the application.

13.1.4.  Agreement to Mediate: Where an applicant or a party affected by the application invokes mediation and those parties agree, at least one meeting between the affected parties will be held within fifteen days to attempt resolution, to forego mediation or to select and retain a professional mediator. Within thirty days of invoking mediation, the administrator will be informed as to whether resolution has been reached or if agreement is reached that mediation is to continue. In the event the administrator is not notified within thirty days, the application will be deemed to have been withdrawn.

13.1.5.  Concluding Mediation: At the conclusion of mediation or when either the applicant or the affected party choose not to proceed further with mediation efforts, the applicant will notify the administrator that mediation has been concluded, submit any amended documentation, and remit additional public notification expenses as agreed by all parties. Application processing will proceed as follows:

13.1.5.1.        If mediation was invoked prior to a decision or recommendation having been rendered by the planning and zoning commission, the application will be re-scheduled for public hearing before the planning and zoning commission.

13.1.5.2.        If mediation was invoked subsequent to a recommendation by the planning and zoning commission, the application will be scheduled for public hearing before the board of county commissioners.

13.2. Appeals:

13.2.1.  Purpose: To establish consistent procedures by which those adversely affected by decisions rendered as established by this ordinance may be adjudicated in an efficient, fair and timely manner.

13.2.2.  Establishment of Authority: The board of county commissioners is the first body of authority in considering and deciding an appeal of the provisions established herein, and all methods of relief established by this chapter will be exhausted prior to seeking redress in a court of law.

13.2.2.1. Establishment of Standing to Appeal: Any person or group adversely affected by a decision required by this ordinance has the right to appeal.

13.2.3. Notice of Appeal to be Filed: Any person aggrieved by a decision rendered pursuant to this ordinance will, within seven working days of the decision being rendered, file notice of appeal with the board of county commissioners. This notice will be in the form of a letter and contain, at minimum, the following:

13.2.3.1. The appellant’s name, address and telephone number

13.2.3.2. The specifics of the decision in dispute, including the file number and date decision was rendered.

13.2.3.3. A summary of the reasons that the decision may be flawed or that procedural errors have been committed.

13.2.3.4. The action expected of the county to resolve the appeal or satisfy a grievance.

13.2.4. Administration:

13.2.4.1. Upon receipt of a notice of appeal, the board of county commissioner clerk will, within five working days, provide copies of the appeal to each member of the board of county commissioners and to the administrator and schedule a review of the appeal on the next available agenda of the board of county commissioners to determine if the appeal has merit and should continue forward or be dismissed; and, if to proceed forward, whether the matter is to be heard in open meeting or public hearing. If the reason for the appeal is due to procedural errors, the administrator will inform the board of county commissioners steps available by which to remedy the errors and county commissioners may direct that such steps be carried out, thus resolving the appeal.

13.2.4.2. Following the appeal review, the administrator will notify the appellant by mail, first class postage, of the decision of the board of county commissioner’s and, if the decision is to proceed, applicable fees to be required. The appellant will have ten days from the date of mailing to remit fee to the administrator to continue with the appeal process. If the applicable fee is not received, the appeal will be deemed void.

13.2.4.3. Upon receipt of applicable fee, the administrator will schedule the matter on the next available agenda of the board of county commissioners and provide the appellant, affected parties, and each member of the board all documentation on file regarding the application and the decision rendered, and a staff analysis addressing the specifics of the appeal. If the appeal is to be considered in public hearing, public notice will be sent pursuant to Section 19.

13.2.4.4. The appellant and those affected may request from the administrator, at their own expense, copies or transcripts of the audio record of any public hearing pertinent to the decision rendered, submitting such request in writing, within five working days from the date notice of hearing was mailed. Cost of audio record and transcription will be as established by the Boundary County Clerk of Court,.

13.2.5. Appeal Hearing: Appeal hearings will be conducted in accordance with the procedures for quasi-judicial public hearings established at Section 19, this ordinance, with the appellant filling the role of applicant. Following an appeal hearing, the commission may, at its discretion, direct the affected parties to enter into mediation and table proceedings on the appeal until such mitigation is concluded.

13.2.6. Decision: Upon conclusion of an appeal hearing, the board shall, within thirty days, render a written decision, providing a reasoned analysis of the facts and findings used to reach the decision. The board may, but is not limited to:

13.2.6.1. Uphold the appeal, overturning the initial decision that prompted the action.

13.2.6.2. Deny the appeal, upholding the initial decision.

13.2.6.3. Modify the decision so as to mitigate the grievance.

13.2.7. Judicial Relief: Any person aggrieved by a decision rendered as a result of an appeal hearing may seek judicial review pursuant to Rule 84, Idaho Court Rules, or other relief as established by the court.

14. ZONE DISTRICTS, GENERAL

 

14.1. Adoption of the Zone District Map

14.1.1. Lands Affected: All lands lying within the boundaries of Boundary County, Idaho, which lie outside the boundaries of incorporated cities, tribal trust lands of the Kootenai Tribe of Idaho, and the Boundary County Airport are hereby designated as lying within a zone district as defined herein, with these zone districts depicted on the Boundary County Zone District Map, hereby adopted by reference and declared part of this ordinance.

14.1.2. Creation/Amendment of the Zone District Map: The Zone District Map will be electronically generated and maintained by the Boundary County GIS Mapping Department so as to accurately define natural features such as lakes, rivers and streams; section and quarter section lines; state and county roads; boundaries of municipal, governmental and tribal entities not subject to this ordinance as established at Section 14.1.1; property boundaries and ownership data as maintained by the Assessor’s Office; topographical detail so as to depict the rise and fall of land; zone district boundaries; overlays where digital data is available; scale, legend and other features as become available which would benefit administration of this ordinance. The digital map will only be amended by the GIS Department.

14.1.3. Use of Digital Map: Said digital zone district map will be made accessible to the administrator, and referred to as an official reference on all applications coming before the office.

14.1.4. Printed Zone District Map to be Signed and Maintained: For general reference, a printed copy of the zone district map accurately depicting the general zone district boundaries, lakes, rivers and streams, section lines and numbers, named or numbered state and county roads, scale and legend, and bearing the signatures of the members of the board of county commissioners, will be displayed in the planning and zoning office for public review during normal business hours. Copies may also be offered for sale through the GIS Mapping Office at a price established by the board of county commissioners. A digital version, not signed but accurately depicting the above features, will be posted on the county website, available for unrestricted access.

14.1.5. Uncertainty of Zone District Boundaries: Where uncertainty exists as to the actual boundaries of any zone district depicted on the digital zoning map, the following rules to determine exact position apply:

14.1.6.  Where such boundaries are indicated as approximately following the course of rivers, streams, streets, alleys, highways or railroads, the centerline of that feature will be the boundary.

14.1.7.  Upon vacation of any road, alley or right of way, the zone district adjacent to abutting property will extend to the centerline of the vacated feature.

14.1.8.  Where a zone district boundary is shown to follow a property line or which bisects a lot or parcel, that boundary will be determined by survey.

14.1.9.  Where a zone district boundary follows a section line or quarter section line, the boundary will be determined by survey.

14.1.10. Where uncertainty exists as to zone district boundary, it shall be the responsibility of the affected property owner, by methods established above, to provide data sufficient to prove the boundary to the satisfaction of the board of county commissioners, unless the uncertainty exists due to mistake or error by Boundary County.

14.2. Interpretation: It is hereby acknowledged that this ordinance cannot and should not attempt to anticipate the myriad possible uses of land which may be proposed within its jurisdiction, and that determining highest and best use of private property rests solely with the property owner. However, it is also recognized that specific uses of land could adversely affect the rights of adjoining property owners to similarly enjoy their use of property, as well as detract from the values enjoyed by the general public as established in the comprehensive plan. Land uses established in the succeeding chapter are to be considered general only, meant to portray the nature and types of use deemed suitable for consideration within each zone district.

 

15. ZONE DISTRICT SPECIFICATIONS

15.1. Use Classes

Zone	Density	Unrestricted	Light	Moderate	High Occupancy	Land Intense
Prime For	160	Unregulated	Unregulated	Unregulated	Unregulated	Unregulated
Prime Ag	10	Unregulated	Unregulated	Unregulated	Conditional	Conditional
Ag/For	10	Unregulated	Unregulated	Unreg 500	Conditional	Conditional
Rur/Res	5	Unregulated	Unregulated	Unreg 500	Conditional	Conditional
Suburban	01/02/05	Unregulated	Unreg 500	Unreg 1000	Conditional	Conditional
Residential	¼ - 2.5	Unregulated	As specified	As specified	As specified	Prohibited
Rur Comm/Cmrc	¼ - 2.5	Unregulated	Unregulated	Unregulated	Conditional	Prohibited
Comm/Lt. Industrial	N/A	Unregulated	Unregulated	Unregulated	By Permit	Conditional
Industrial	N/A	Unregulated	Unregulated	Unregulated	Conditional	By Permit

Unregulated 500: Not regulated by Boundary County when use is located more than 500 feet from any existing residence; conditional use when use is located less than 500 feet from any existing residence.

Unregulated 1000: Unregulated when use is located more than 1,000 feet from any existing residence; conditional use when use is located less than 1,000 feet from any existing residence.

 

15.2. Unrestricted Uses: Uses not regulated by Boundary County in any zone district. The intent of this class is to characterize property rights from Boundary County’s point of view. Article 1, Section 1 of the Idaho State Constitution defines the inalienable rights of man, stating, “All men are by nature free and equal, and have certain inalienable rights, among which are enjoying and defending life and liberty; acquiring, possessing and protecting property; pursuing happiness and securing safety.” While these uses are not regulated by Boundary County, these uses may be subject to state and federal regulation.

15.2.1.   Agriculture and silviculture and structures accessory to those uses.

15.2.2.   Animal husbandry, stables, fences, corrals and other livestock enclosures.

15.2.3.   Private recreational uses, such as camping, hunting and fishing, parking and operation of recreational vehicles, motorcycles, ATVs, snowmobiles, etc.

15.2.4.    Accessory structures such as sheds, storage structures, greenhouses, gazebos, shops and garages.

15.2.5.   Remodeling or renovation of an existing structure.

15.2.6.   The placement of mobile or modular homes in a lawfully established mobile home park.

15.2.7.   Fences, paths and walkways.

15.2.8.   Construction, maintenance and upgrade of roads.

15.2.9.   Water resource development, drilling water wells, drainasge works, ponds and levy construction and maintenance.

15.2.10. Outdoor parking of working vehicles, equipment and trailers.

15.2.11.  Outdoor storage of materials and property, not to include refuse, out of direct public view and less than half an acre in size.

15.2.12.  General yard maintenance, landscaping and gardening.

15.2.13.  Woodstove, yard waste, slash and field burning.

15.2.14.   Firewood collection, storage, burning and sale.

15.2.15.    Land clearing or alteration in response to an emergency such as fire, flood or slide, to include but not limited to levy, dike and water control maintenance and upgrade, construction of firebreaks or other fire control measures designed to limit damage in the event of fire.

15.2.16.   Events such as yard sales, reunions, flea markets, festivals or other such gatherings that do not exceed seven consecutive days in duration and at which fewer than 500 people will attend at any one time.

15.2.17. Private sales of property through want ads, Craig’s List, E-Bay, etc.

15.2.18.   Home school education of children, tutoring and lessons.

15.2.19.   Work from a home office or a home-based business intended for profit and which is conducted entirely within the owner or tenant’s primary residence or in a residential accessory structure(s), and which have no outside storage of materials, supplies or wares in direct public view, to include seeing clients.

15.2.20.   Signage for an onsite business, not to exceed 32 square feet, not lighted.

15.2.21.   Hobbies, which may generate income and include sales, but which do not require an Idaho tax number.

15.2.22.  Power production less than 100 kilowatts.

15.2.23.   Towers less than 50-feet in height.

15.3. Light Uses: Commercial uses with three or fewer full-time employees, less than 20 trips traffic per day. Noise similar to a lawnmower is intermittent or present for less than five weeks a year.

15.3.1.   Outdoor construction for off-site assembly such as log home or portable building construction, work area less than two acres in size.

15.3.2.   Intermittent small sawmill use.

15.3.3.   Service oriented business, such as construction or yard maintenance, where work is primarily conducted off-site, but includes outdoor storage of materials and equipment.

15.3.4.   Outdoor storage of materials and property, not to include refuse, out of direct public view and less than one acre in size.

15.3.5.   Gravel borrow operation without crushing or blasting and selling less than 2,000 yards of material per year.

15.3.6.   Service-oriented businesses conducted primarily in a building, such as a garage, auto body, fabrication or machine shop.

15.3.7.   Cottage industries such as a cabinet shop.

15.3.8.   Artisan studio, painting, pottery, blacksmithing, crafts, etc.

15.3.9.   Public or private school, fewer than 30 students.

15.3.10.  Public service facilities.

15.3.11.  Towers not to exceed 100 feet in height.

15.3.12.   Bed and breakfasts or vacation rentals.

15.3.13.   Commercial greenhouses and produce stands.

15.3.14.   Day care facilities.

15.3.15.   Boarding house, less than 10 rooms.

15.3.16.   Lighted signage not to exceed 32 square feet for on-site business.

15.4. Moderate Uses: Four to ten full time employees, 20 to 100 trips traffic per day, noise sustained.

15.4.1.   Unregulated and light uses exceeding employee, traffic or noise limitations.

15.4.2.   Gravel borrow operations selling not more than 10,000 yards per year, crushing or blasting limited to two weeks per year.

15.4.3.   Commercial facilities less than 5,000 square feet.

15.4.4.   Light industrial, warehousing and distribution facilities less than 8,000 square feet.

15.4.5.   Restaurants.

15.4.6.   Outdoor storage of materials and property out of direct view, not to include refuse, and less than two acres in size.

15.4.7.   Non-commercial junk yard.

15.4.8.   Tourist attraction.

15.4.9.   Towers not exceeding 150-feet in height.

15.4.10.  Recreational commercial.

15.4.11.  Recreational hospitality, five or fewer units.

15.4.12.  Boarding house, more than 10 rooms.

15.4.13.  Public or private school, more than 30 students.

15.4.14. Mini storage.

15.4.15.  Small saw mill.

15.4.16.  Commercial kennels and animal boarding, except where prohibited.

15.4.17.  Churches, community halls and other like gathering places, less than 5,000 square feet.

15.4.18. Small scale power production, 100 kilowatt up to one megawatt.

15.4.19.   Lighted signage not to exceed 128 square feet for on-site business.

15.5. High-Occupancy Uses: More than 100 trips traffic per day, and/or more than 10 full-time employees.

15.5.1.   Moderate uses exceeding employee or traffic limitations but not noisy or odiferous.

15.5.2.   Churches, community halls and other like public gathering places exceeding 5,000 square feet.

15.5.3.   Retail sales facilities exceeding 5,000 square feet.

15.5.4.   Recreational hospitality exceeding five units, such as hotel, motel, resort or conference center.

15.5.5.  Towers exceeding 150-feet.

15.5.6.   Apartment complex.

15.5.7.   Elder care retirement home.

15.5.8.   Lighted or digital signage not to exceed 128 square feet for on-site business.

15.6. Land-Intensive Uses: More than 100 trips traffic per day, and/or more than 10 full-time employees. Noisy and/or odiferous. Use does not present substantial life safety concerns such as large explosive hazard, potential large release of poison gas, etc.

15.6.1.   Moderate or high-occupancy use exceeding employee, traffic, noise or odor limitations.

15.6.2.   Gravel pits or quarries with sales exceeding 10,000 yards per year with crushing, and/or blasting.

15.6.3.   Mining, gas and oil extraction.

15.6.4.  Towers exceeding 150-feet in height.

15.6.5.   Power production greater than one megawatt, such as biomass, wind farm, etc.

15.6.6.   Manufacturing, warehousing and distribution greater than 8,000 square feet.

15.6.7.   Processing or packaging plant.

15.6.8.   Lighted or digital signage not to exceed 600 square foot for on-site business.

 

15.7.                    PRIME FORESTRY

15.7.1.  Applicability: All designated lands lying within the jurisdiction of Boundary County owned or managed by agencies of state or federal government.

15.7.2.  Standard Net Residential Density: One Hundred Sixty (160) acres.

15.7.3.  Structure Setbacks: Conforming parcel: Front yard, 60-feet; Side yard, 50-feet; Back yard, 50 feet. Platted lot or parcel of record: Front yard: 25-feet; Side yard, 20-feet; Back yard, 20-feet.

15.7.4.  Uses not Regulated by Boundary County: All activities specifically approved by the U.S. Forest Service or the State of Idaho.

15.8.                    PRIME AGRICULTURE

15.8.1.  Standard Net Residential Density: Ten acres.

15.8.2.  Structure Setbacks: Property line, 25-feet.

15.8.3.  Uses Not Regulated by Boundary County: Unrestricted Class, Light Class and Moderate Class Uses.

15.8.4.  Uses Requiring County Permit:

15.8.4.1.        One (1) single-family primary residential structure on a buildable parcel or lot.

15.8.4.2.        Accessory dwelling unit.

15.8.4.3.        New primary structure for light or moderate class uses on a buildable parcel.

15.8.4.4.        Driveway access to a county road.

15.8.5.  Conditional Uses:

15.8.5.1.        High-occupancy and land intensive uses.

15.8.5.2.        Duplex, multi-family or multi-structure residential.

15.8.5.3.        Feed lots.

15.8.5.4.        Septage farms.

15.8.5.5.        Industrial uses.

15.8.6.  Prohibited Uses:

15.8.6.1     CAFO operations exceeding Idaho code 67-6529

15.8.6.2.        Off premise signs.

15.8.6.3.        Commercial junkyards.

15.9.                    AGRICULTURE/FORESTRY

15.9.1.  Standard Net Residential Density: Ten acres.

15.9.2.  Structure Setbacks: Property line: 25 feet.

15.9.3.  Uses Not Regulated by Boundary County:

15.9.3.1.        Unrestricted Class and Light Class uses.

15.9.3.2.        Moderate class uses when located more than 500 feet from any existing residence.

15.9.3.3.        Agriculture and silviculture and structures accessory to those uses.

15.9.4.  Uses Requiring County Permit:

15.9.4.1.        One (1) single-family primary residential structure on a buildable parcel or lot.

15.9.4.2.        Accessory dwelling unit.

15.9.4.3.        New primary structure for unregulated Light Class or Moderate Class Uses.

15.9.4.4.        Off-site commercial greenhouses and produce stands.

15.9.4.5.        Driveway access to a county road.

15.9.5.  Conditional Uses:

15.9.5.1.        Moderate class use when located less than 500 feet from any existing residence.

15.9.5.2.        High occupancy and land-intensive uses.

15.9.5.3.        Duplex, multi-family or multi-structure residential.

15.9.5.4.        Animal boarding facilities, riding or equestrian training facilities, veterinary clinics.

15.9.5.5.        Feed lots.

15.9.5.6.        Industrial uses.

15.9.6.  Prohibited Uses:

15.9.6.1    CAFO operations exceeding Idaho code 67-6529

15.9.6.2.        Off premise signs.

15.9.6.3.        Commercial junkyards.

15.9.6.4.        Septage farms.

15.10.                RURAL RESIDENTIAL

15.10.1.                      Standard Net Residential Density: Five acres.

15.10.2.                      Structure Setbacks: Property line: 20 feet.

15.10.3.                      Uses Not Regulated by Boundary County:

15.10.3.1.    Unrestricted Class and Light Class Uses.

15.10.3.2.    Moderate Class Uses when located more than 500 feet from any existing residence.

15.10.4.                      Uses Requiring Administrative Development Permit:

15.10.4.1.    One (1) single-family primary or duplex residential structure on a buildable parcel or lot.

15.10.4.2.    Accessory dwelling unit.

15.10.4.3.    New primary structure for unregulated Light or Moderate Class Uses.

15.10.4.4.    Driveway access to a county road.

15.10.5.                      Conditional Uses:

15.10.5.1.    Moderate class use when located less than 500 feet from any existing residence.

15.10.5.2.    High occupancy and land intensive class use.

15.10.5.3.    Multi-structure residential.

15.10.6.                      Prohibited Uses:

15.10.6.1    CAFO operations exceeding Idaho code 67-6529

15.10.6.2.    Off premise signs.

15.10.6.3.    Commercial junkyards.

15.10.6.4.    Septage farms.

15.11.                SUBURBAN

15.11.1.                      Standard Net Residential Density:

15.11.1.1.    Where community water or sewer service are available, 1 acre.

15.11.1.2.    Where neither community water service or sewer service are available, 2 ½ acres.

15.11.2.                      Structure Setbacks: Property line, 20 feet.

15.11.3.                      Uses Not Regulated by Boundary County:

15.11.3.1.    Unrestricted Class Uses.

15.11.3.2.    Light Class Uses when located more than 500 feet from any existing residence.

15.11.3.3.    Moderate Class Use when located more than 1,000 feet from any existing home.

15.11.4.                      Uses Requiring Administrative Development Permit:

15.11.4.1.    One (1) single-family primary or duplex residential structure on a buildable parcel or lot.

15.11.4.2.    Accessory dwelling unit.

15.11.4.3.    New primary structure for unregulated Light Class or Moderate Class Uses.

15.11.4.4.    Driveway access to a county road.

15.11.5.                      Conditional Uses:

15.11.5.1.    Multi-family or multi-structure residential.

15.11.5.2.    Light Class Use when located less than 500 feet from any existing residence.

15.11.5.3.    Moderate Class Use when located less than 1,000 feet from any existing residence.

15.11.5.4.    High Occupancy Use.

15.11.5.5.    Land Intensive Use.

15.11.6.                      Prohibited Uses:

15.11.6.1    CAFO operations exceeding Idaho code 67-6529

15.11.6.2.    Off premise signs.

15.11.6.3.    Commercial junkyards.

15.11.6.4.    Feed lots.

15.11.6.5.    Commercial kennels and animal boarding facilities.

15.11.6.6.    Septage farms.

15.12.                RESIDENTIAL

15.12.1.                      Standard Net Residential Density:

15.12.1.1.    Where both community water and sewer service is available: ¼ acre.

15.12.1.2.    Where community water or sewer service, but not both, are available, 1 acre.

15.12.1.3.    Where neither community water service or sewer service are available, 2 ½ acres.

15.12.2.                      Structure Setbacks: 20-feet from a road, side yard, 5-feet, back yard, 5-feet.

15.12.3.                      Uses Not Regulated by Boundary County:

15.12.3.1.    Unrestricted Class Uses.

15.12.4.                      Uses Requiring a County Permit:

15.12.4.1.    One (1) single-family primary or duplex residential structure on a buildable parcel or lot.

15.12.4.2.    Accessory dwelling unit.

15.12.4.3.    Driveway access to a county road.

15.12.5.                      Conditional Uses:

15.12.5.1.    Cottage industries, such as cabinet shop.

15.12.5.2.    Artisan studio, painting, pottery, blacksmithing, crafts, etc.

15.12.5.3.    Public or private school.

15.12.5.4.    Bed and breakfast or vacation rental.

15.12.5.5.    Day care facilities.

15.12.5.6.    Elder care retirement home.

15.12.5.7.    Multi-family or multi-structural residential.

15.12.5.8.    Recreational commercial or recreational hospitality.

15.12.5.9.    Churches and community halls.

15.12.5.10.                        Service oriented business, such as construction or yard maintenance, where work is primarily conducted off-site, but includes limited outdoor storage of materials and equipment.

15.12.5.11.                        Public service facilities.

15.12.5.12.                        Towers exceeding 50-feet in height.

15.12.6.                      Prohibited Uses:

15.12.6.1    CAFO operations exceeding Idaho code 67-6529

15.12.6.2.    Land Intensive Class Uses.

15.12.6.3.    Off premise signs.

15.12.6.4.    Commercial and non-commercial junkyards.

15.12.6.5    Industrial uses.

15.12.6.6    Gravel pits.

15.12.6.7    Commercial kennels and animal boarding facilities.

15.12.6.8.    Septage farms.

15.12.6.9.    Feed lots.

15.13.                RURAL COMMUNITY/COMMERCIAL

15.13.1.                      Standard Net Residential Density:

15.13.1.1.    Where community water and sewer service is available: ¼ acre.

15.13.1.2.    Where community water or sewer service, but not both, are available, 1 acre.

15.13.1.3.    Where neither community water service or sewer service are available, 2 ½ acres.

15.13.2.                      Structure Setbacks: 20-feet from a road, side yard, 5-feet, back yard, 5-feet.

15.13.3.                      Uses Not Regulated by Boundary County:

15.13.3.1.    Unrestricted, Light Class and Moderate Class Uses.

15.13.4.                      Uses Requiring a County Permit:

15.13.4.1.    One (1) single-family primary or duplex residential structure and accessory residential structures on a buildable parcel or lot.

15.13.4.2.    Accessory dwelling unit.

15.13.4.3.    Primary structures for Light and Moderate Class Uses.

15.13.4.4.    Driveway access to a county road.

15.13.5.                      Conditional Uses:

15.13.5.1.    Multi-family or multi-structure residential.

15.13.5.2.    Light industrial uses with primary structures exceeding 5,000 square feet.

15.13.5.3.    Commercial uses with primary structures exceeding 5,000 square feet.

15.13.5.4.    Industrial uses.

15.13.5.5.    Off-premise signs.

15.13.5.6.    Land-intense and High-occupancy Class Uses.

15.13.5.7.    Mobile home parks.

15.13.6.                      Prohibited Uses:

15.13.6.1    CAFO operations exceeding Idaho code 67-6529

15.13.6.2.    Commercial junkyards.

15.13.6.3.    Gravel pits, quarries and mines.

15.13.6.4.    Commercial kennels and animal boarding facilities.

15.13.6.5.    Septage farms.

15.13.6.6.    Feed lots.

15.14.                COMMERCIAL/LIGHT INDUSTRIAL

15.14.1.                      Standard Net Density: None. Minimum parcel size must be sufficient to accommodate the use and provide level of services necessary.

15.14.2.                      Structure Setbacks: 20-feet from a road, side yard, 5-feet, back yard, 5-feet.

15.14.3.                      Uses Not Regulated by Boundary County:

15.14.3.1.    Unregulated, light, moderate and high occupancy class uses.

15.14.3.2.    Public service facilities.

15.14.4.                      Uses Requiring a County Permit:

15.14.4.1.    Commercial and light industrial uses and commercial accessory structures, with primary structures not exceeding 15,000 square feet.

15.14.4.2.    Not more than one owner/caretaker’s residence per lot or parcel.

15.14.4.3.    Primary structures for Light, Moderate and High-occupancy Class Uses.

15.14.4.4.    Towers.

15.14.4.5.    Driveway access to a county road.

15.14.5.                      Conditional Uses:

15.14.5.1.    Commercial and light industrial uses with primary structures exceeding 15,000 square feet.

15.14.5.2.    Recreational commercial or recreational hospitality.

15.14.5.3.    Industrial uses.

15.14.5.4.    Commercial junkyards.

15.14.5.5.    Off-premise signs.

15.14.5.6.    Gravel pits, quarries or mines.

15.14.5.7.    Land-intense class uses.

15.14.6.                      Prohibited Uses:

15.14.6.1    CAFO operations exceeding Idaho code 67-6529

15.14.6.2.    Residential use with the exception of an owner/caretaker residence.

15.14.6.3.    Septage farms.

15.14.6.4.    Feed lots.

15.15.                INDUSTRIAL

15.15.1.                      Standard Net Density: None. Minimum parcel size must be sufficient to accommodate the use and provide level of services necessary.

15.15.2.                      Structure Setbacks: 20-feet from a road, side yard, 5-feet, back yard, 5-feet.

15.15.3.                      Uses Not Regulated by Boundary County:

15.15.3.1.    Unregulated, Light and Moderate Class Uses.

15.15.3.2.    Junkyards.

15.15.4.                      Uses Requiring a County Permit:

15.15.4.1.    Primary structure for Light and Moderate Class Uses.

15.15.4.2.    Land-intense Class Use.

15.15.4.3.    Commercial and industrial uses.

15.15.4.4.    Not more than one owner/caretaker’s residence per lot or parcel.

15.15.4.5.    Driveway access to a county road.

15.15.5.                      Conditional Uses:

15.15.5.1.    Off-premise signs.

15.15.5.2.    Uses which present substantial life safety concerns such as large explosive hazard, potential large release of poison gas, etc.

15.15.5.3.    Chemical processing or refining.

15.15.5.4.    High Occupancy Class Uses.

15.15.6.                      Prohibited Uses:

15.15.6.1    CAFO operations exceeding Idaho code 67-6529

15.15.6.2.    Residential use with the exception of an owner/caretaker residence.

15.15.6.3.    Septage farms.

 

 

 

 

16. OVERLAY ZONES

 

16.1. FLOOD OVERLAY

16.1.1.  Purpose: The purpose of the Flood Overlay Zone is to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas in a manner designed to protect human life and health, to minimize expenditure of public funds for flood control projects, to minimize the need for rescue and relief operations resultant from flood events, to minimize damage to public facilities and to assure the availability of flood insurance through compliance with Federal Emergency Management Agency flood management regulations.

16.1.2.  Basis for Establishment: The areas of special flood hazard are as identified by the Federal Insurance Administration “Flood Insurance Study for the Unincorporated Areas of Boundary County,” dated August 2, 1982, and any revisions thereto, with accompanying Flood Insurance Maps, and any revisions thereto, as maintained by the office of planning and zoning, which are hereby adopted by reference and declared to be a part of this ordinance.

16.1.3.  Applicability: The provisions established within this section do not abrogate any other provision of this ordinance but add additional restrictions and requirements in all areas of special flood hazard within the unincorporated areas of Boundary County, as identified on the Boundary County Flood Insurance Rate Map (FIRM), which lie in those areas with flood zone designations that include the letter “A.” No development shall hereafter occur within these areas without compliance with all development and subdivision provisions established herein.

16.1.4.  Disclaimer of Liability: The provisions of this section are considered reasonable for regulatory purposes based on scientific and engineering considerations. Large floods have and will occur, and the provisions in this section do not imply that compliance will protect against flood damage or that the potential for flood damage exists solely within the areas defined. This section shall not create liability on the part of Boundary County, Idaho, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on the provisions of this section or on any administrative decision lawfully made hereunder.

16.1.5.  Penalties for Noncompliance: Violation of the construction provisions, Section 16.1.8. constitute an infraction pursuant to Section 4.1.1.7. Violations may be deemed cumulative with violations of other provisions established by this ordinance in its entirety. In the event development occurs on private property in violation of this section and enforcement action fails to remedy the violation, the National Flood Insurance Program shall be so notified, in writing, so as to retain flood insurance benefits to the remainder of citizens of Boundary County. Failure to comply with structure placement requirements of the flood plain overlay constitute a misdemeanor pursuant to Section 4.1.3.1.

16.1.6.  Administration:

16.1.6.1.        The Boundary County Zoning Administrator is designated flood plain administrator for the unincorporated lands of Boundary County and has primary responsibility for ensuring compliance with the provisions established herein and for initiating enforcement action for violations.

16.1.6.2.        Prior to the onset of development or construction, a development permit application will be obtained from the zoning administrator, which will be used to identify the FIRM flood zone designation in the area in which the development is proposed. Where development is proposed in a flood zone designation A, the following provisions shall apply in addition to other requirements.

16.1.7.  Base Flood Elevation:

16.1.7.1.        Where base flood elevation has been determined through FIRM, data contained in the National Flood Insurance Program Flood Boundary and Floodway maps, dated August 2, 1982, and as revised, shall be used to determine base flood elevation.

16.1.7.2.        Where the base flood elevation in an A Zone have not been determined through FIRM, it shall be the applicant’s responsibility to engage a professional engineer or licensed surveyor to establish the base flood elevation at the location where development is proposed through hydrological and hydraulic study; or to provide base flood elevation and floodway data from a Federal, State or other source so as to establish a reasonable elevation sufficient to protect against flood damage to be used as the base flood elevation, following procedures established in FEMA 265/July 1995, “Managing Floodplain Development in Approximate Zone A Areas: A Guide for Obtaining and Developing Base (100-Year) Flood Elevations.” (http://www.fema.gov/pdf/fhm/frm_zna.pdf).

16.1.8.  Provisions for Flood Hazard Reduction: In all areas of special flood hazard, the following standards are required and will be depicted on or included with the development permit application:

16.1.8.1.        Anchoring: All new construction and substantial improvements will be anchored to prevent flotation, collapse or lateral movement of the structure, to include mobile and manufactured homes, which will be installed so as to minimize flood damage.

16.1.8.2.        Drainage: Adequate storm and flood water drainage paths are required so as to direct storm and flood water around and away from proposed structures and to preclude increasing flood or runoff damage on adjacent lots or parcels.

16.1.8.3.        Construction Materials and Methods: All new construction and substantial improvements will be constructed with materials and utility equipment resistant to flood damage, using methods and practices that minimize flood damage. Electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be designed and/or elevated or located so as to prevent water from entering or accumulating within the components during flood events.

16.1.8.4.        Utilities, Water: All new and replacement water supply systems will be designed to minimize or eliminate the infiltration of floodwaters into the system.

16.1.8.5.        Utilities, Sanitary Sewage: New and replacement sanitary sewage systems will be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the system into flood waters. On-site waste disposal systems will be located to avoid impairment to them or contamination from them during flooding.

16.1.8.6.        Subdivisions: When a platted subdivision is proposed within an area of special flood hazard, the design will be consistent with the need to minimize flood hazard, to include the placement of utilities and facilities such as gas, sewer, electrical and water systems. A storm and floodwater runoff plan will be included so as to depict drainage. Where FIRM base flood elevation is not available, said data will be generated pursuant to Section 16.1.7.2 prior to final plat approval.

16.1.9.  Specific Standards:

16.1.9.1.        Floodways: Located within areas of special flood hazard are areas designated as floodways. The floodway is an extremely hazardous area due to the velocity of floodwaters. Within the floodway, encroachment including fill, new construction, substantial improvement or other development, is prohibited unless and until certification by a registered professional civil engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that encroachment or development will not result in any increase in flood levels during the base flood discharge (no-rise analysis). All development meeting no-rise provisions will in addition meet provisions established below. In areas where a regulatory floodway has not been designated, no development will be permitted unless it is certified by a registered professional civil engineer that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot within any point within Boundary County.

16.1.9.2.        Residential Construction: New construction and substantial improvements of any residential structure within an A-designated flood zone will be certified by a surveyor or engineer to have the lowest floor, including the basement, elevated not less than two feet above the base flood elevation. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, and will be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement to FEMA standards will be certified by a registered professional engineer or architect and will require completion of an Elevation Certificate. This provision may be waived with certification that the lowest floor of the residential structure is built a minimum of three feet above the highest adjacent grade.

16.1.9.3.        Non-residential Construction: New construction and substantial improvement of any commercial, industrial or other non-residential structure within an A-designated flood zone will either have the lowest floor, including basement, elevated at or above the base flood elevation, or be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with FEMA standards, and will require completion of a flood proofing certificate and/or elevation certificate. Non-residential structures that are elevated and not flood proofed must meet the same standards for space below the lowest floor as established at Section 16.1.8, above.

16.1.9.4.        Manufactured Homes: All manufactured homes to be placed or substantially improved on sites within an A flood zone will be elevated on a permanent foundation such that the lowest floor of the manufactured home is at least one foot above the base flood elevation and be securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement, certified by completion of an elevation certificate. The chassis of the manufactured home will be supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36-inches in height above grade and securely anchored.

16.1.9.5.        Recreational Vehicles: Recreational vehicles placed on sites within an A flood zone will have no permanently attached additions and be fully licensed and ready for highway use, on its wheels or a jacking system, and attached to the site only by quick-disconnect type utility hookups and security devices; or shall meet the requirements of Section 16.1.8, above, as certified by completed elevation certificate.

16.1.9.6.        Critical Facilities: Any permanent facility or structure for which even a slight chance of flooding might be too great to risk, including schools, hospitals, nursing homes, police, fire and emergency response installations, or installations which produce or store hazardous materials or waste are hereby prohibited within any A flood zone. When critical facilities are proposed in B flood zones, they will be flood proofed or constructed with the lowest floor at least one foot above the highest adjacent grade, and certified by completion of a flood proofing certificate and/or elevation certificate.

16.1.10.                      Amending National Flood Insurance Program Maps: Property owners may request from the administrator FEMA application forms and instructions for seeking to have lots, parcels or development areas removed from the special flood hazard area, or to have base flood elevations or floodway boundaries amended. Upon determination by FEMA and the National Flood Insurance Program, the applicant may provide written proof of the determination to the administrator and initiate or continue the development application process.

16.1.11.                      Variance and Appeal: Variances and appeals regarding matters pertaining to special flood hazard areas will be processed and considered as established in Section 12: Variance, and Section 13: Mediation and Appeal, but in hearing a variance or appeal involving an area of special flood hazard, the following will be given additional consideration:

16.1.11.1.    The danger that materials may be swept onto other lands to the injury of others.

16.1.11.2.    The danger to life and property due to flooding or erosion.

16.1.11.3.    The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the property owner.

16.1.11.4.    The importance of the services provided by the proposed development to the community.

16.1.11.5.    The necessity to the facility of a waterfront location.

16.1.11.6.    The availability of alternative locations not subject to flooding or erosion.

16.1.11.7.    The safety of access for normal and emergency traffic during a flood event.

16.1.11.8.    The cost of providing governmental services during and after a flood event.

16.1.12.                      A variance of standards established herein may only be granted when:

16.1.12.1.    The applicant shows sufficient cause to require variance; and

16.1.12.2.    Failure to grant the variance would result in undue hardship to the applicant; and

16.1.12.3.    Granting the variance will not result in increased flood heights or pose a risk to the public safety or result in undue public expense.

16.1.13.                      In addition to other administrative requirements established, the administrator will notify the Federal Insurance Administration, in writing, whenever a variance or appeal results in relaxing standards established by this section.

16.2. AIRPORT OVERLAY:

16.2.1.  Applicability: The provisions established within this section do not abrogate any other provision of this ordinance but add additional restrictions and requirements in all areas in county jurisdiction that lie within airport overlay areas as defined in the Boundary County Airport Overlay Ordinance, maintained by the Boundary County Airport and incorporated into the electronic zoning map. No development will hereafter occur within the airport overlay without approval by the airport board or designee indicating compliance, as indicated by signature on the application.

16.2.2.  Penalties for Noncompliance: Violations of the provisions of this section are misdemeanors pursuant to Section 4.1.3.2. Upon approval by the board, Boundary County reserves the right to remove any tree or object of natural growth from public or private property found to be in violation of this section.

 

16.3. WETLANDS/RIPARIAN AREA OVERLAY:

16.3.1.  Basis for Establishment: Digital data depicting wetlands provided the Boundary County GIS Department by the U.S. Army Corps of Engineers or their designee, and will be adapted for inclusion as a reference layer on the electronic Boundary County Zoning Map. Riparian areas will be depicted on the official electronic Boundary County Zoning Map using the National Hydrography Dataset maintained by the GIS Department.

16.3.2.  Applicability: The provisions established within this section do not abrogate any other provision of this ordinance.

16.3.3.  Administration:

16.3.3.1.        Where a use requiring an administrative development permit is proposed and found to be within or near an identified wetlands/riparian zone, the administrator will notify the applicant and provide the applicant literature as provided by the U.S. Army Corps of Engineers.

16.3.3.2.        Where a use subject to public hearing is proposed and found to lie within or near an identified wetlands/riparian overlay, the U.S. Army Corps of Engineers will be notified of said application through the public hearing process, and such finding will be included in staff analysis for consideration.

 

17. NON-CONFORMANCE

 

17.1. Applicability: On the effective date of this ordinance, certain parcels, lots, buildings, structures and uses of land, established lawfully, exist that do not conform to the requirements of this ordinance. It is the intent of this ordinance to allow the continuation of such non-conformances and to establish a method by which such non-conformance may be legally recognized and regulated.

17.2. Types of Non-Conformance:

17.2.1.  Parcels of Record:

17.2.1.1.        In any zone district, where a parcel or tract of land can be verified to have been lawfully partitioned prior to the effective date of this ordinance, or to have been partitioned prior to January 27, 1999, and such parcel or tract is smaller than the minimum parcel size required for the zone district in which it lies, a parcel of record shall be deemed to exist.

17.2.1.2.        For the purpose of establishing parcel of record, the administrator will examine office, assessors and/or clerks records or request of the owner legal documentation verifying the date and/or method by which the parcel or tract was partitioned.

17.2.1.3.        Upon receipt of sufficient documentation to prove that the parcel was lawfully established, the zoning administrator will, at no fee to the property owner, issue a Certificate of Compliance identifying the tract as a parcel of record.

17.2.1.4.        Parcels of record shall enjoy the benefits and privileges of a parcel or tract meeting the standards established within the zone district, subject to the availability of services, but may not be further divided except as allowed pursuant to Section 11 or Section 20, this ordinance.

17.2.2.  Lots of Record: In any zone district, where a lot is or has been created by plat approved and recorded in Boundary County, and said lot does not conform to the provisions established herein, a lot of record shall be deemed to exist, regardless of the date of platting. Such lot shall enjoy all benefits and privileges of a lot meeting the standards established in the zone district except as limited by applicable CC&Rs associated with the plat, subject to the availability of services, but may not be further divided nor adjusted so as to increase the non-conformity. A recorded plat depicting the lot of record shall be sufficient to establish lawful existence.

17.2.3.  Structures of Record:

17.2.3.1.        In any zone district, where a building or structure can be verified to have been lawfully built prior to the effective date of this ordinance or to have been in existence prior to January 27, 1999, and which does not meet the provisions established herein due to its physical character or its placement on a parcel, lot or tract of land, a structure of record shall be deemed to exist.

17.2.3.2.        Upon identifying a potential structure of record, the administrator will request from the owner legal documentation verifying the date the building was constructed. Methods of verification may include permits acquired prior to or during construction, assessor’s tax records, written verification by two or more adjoining property owners attesting to the date of construction, or other factual means.

17.2.3.3.        Upon receipt of sufficient documentation to prove that the structure meets the criteria established herein and information sufficient to complete an appropriate development permit application, including site plan depicting the non-conformity, the zoning administrator will, at no fee to the property owner, issue a building placement permit identifying the structure of record.

17.2.3.4.        Structures of record may continue to be used and maintained in repair, but will not be altered in such manner as to increase the non-conformity, in either height or footprint. Should a structure of record be razed or destroyed, the owner will submit an appropriate development permit application prior to reconstruction, and any replacement structures will be built and placed in accordance with the provisions of this ordinance.

17.2.3.5.        A structure built prior to the effective date of this ordinance that is not in conformance with the provisions herein due solely to the purpose for which it is used will be deemed a use of record, subject to the provisions of 17.2.4, below.

17.2.4.  Uses of Record:

17.2.4.1.        In any zone district, where a use of land and/or structures can be verified to have been lawfully established prior to the effective date of this ordinance, or established prior to January 27, 1999, that are not in conformance with the provisions established herein, a use of record will be deemed to exist.

17.2.4.2.        Upon identifying a potential use of record, and at the request of the property owner, the administrator will request of the owner legal documentation verifying the date and/or method by which the use was established. Methods of verification may include permits acquired prior to establishment of the use, tax records, or written verification by two or more adjoining property owners attesting to the date of establishment, or other factual means.

17.2.4.3.        Upon receipt of sufficient documentation to prove that the use meets the criteria established herein, the zoning administrator will, at no fee, obtain from the owner sufficient information as to complete the applicable development permit application which would be required to establish similar use under the provisions of this ordinance and to define and establish the nature and scope of the use. Where a public hearing would be required by this ordinance to obtain a permit to establish like use, the administrator will schedule public hearing on the next available agenda of the deciding body for that permit. Except where a use creates public nuisance or to abate issues of public safety, the deciding body may not disallow or curtail continuation of the use, but may establish terms and conditions in accordance with the type application so as to mitigate adverse impacts as well as to establish reasonable limitations on future expansion.

 

18. AMENDMENTS

18.1. Quasi-Judicial Zone Map Amendments

18.1.1.  Deciding Body: Board of County Commissioners.

18.1.2.  Applicability: All Boundary County property owners have the right to make application for a zone map amendment subject to the standards established herein so as to amend the zoning of individual parcels or lots to allow subsequent establishment of a proposed use which would not conform to existing zoning; and all citizens of Boundary County have the right to make application for a zone map amendment affecting a specific area or region in which no specific use is identified but wherein such zone amendment would better serve those property owners affected.

18.1.3.  Petition for Zone Map Amendment: When a petition, bearing the printed name, mailing address, telephone number and signature of twenty or more Boundary County citizens or property owners is submitted requesting to amend the zoning of any lands within the jurisdiction of this ordinance, the petition shall be considered a Legislative Zone Map Amendment pursuant to Section 18.2, and no fee shall attach to such petition. When such petition is submitted, they whose name, address and signature appear will all be included for the purpose of public notification.

18.1.4.  Development Agreements: Where a quasi-judicial zone map amendment would be necessary for the establishment of a specific use, the property owner or developer and the board of county commissioners may enter into a development agreement governing the use of the subject parcel(s).

18.1.4.1.        Form of Agreement: A proposed development agreement will be in writing, prepared by the applicant and submitted at the time application for zone map amendment is made, providing at minimum the legal descriptions of the lots or parcels affected, a detailed description of the use proposed, a site plan depicting the location of all structures, roads, parking areas and other salient features and a timeline for development. The proposed development agreement will be considered as part of the application through the public hearing process. In making a recommendation to county commissioners, the planning and zoning commission may also recommend amendments to the development agreement.

18.1.4.2.        Approving a Development Agreement: The board of county commissioners has sole authority to approve a development agreement as a condition of amending the zone map, and may dictate the final form of the agreement before a zone map amendment is approved. Before approving a development agreement, commissioners will establish a set duration of the agreement of not less than five years.

18.1.4.3.        Effect of Agreement: On approval, a copy of the development agreement, signed by the property owner and the chairman of the board of county commissioners, will be recorded with the Boundary County clerk of court. When a development agreement is approved and recorded as a condition of zone map amendment, that agreement will become the controlling document for the use of the parcel(s), binding on the property owner and any subsequent owner for the duration of the agreement beginning on the effective date of the ordinance amending the zone map.

18.1.4.4.        Terminating a Development Agreement:

18.1.4.4.1.  In the event a property owner or any subsequent owner fails to establish a use according to an approved development agreement within two years of the effective date of the agreement, the development agreement will be deemed to lapse and the property will revert to the zoning it held prior to the zone map amendment.

18.1.4.4.2.  In the event the owner or any subsequent owner alters the use or fails to abide by terms and conditions established, county commissioners will give notice of intent to uphold the agreement to the owner by certified mail, return receipt requested, and provide a specific date, not to exceed 90 days from date of notice, by which to comply with the agreement or on which date the agreement will be terminated and the zoning revert to that held prior to the zone map amendment.

18.1.4.4.3.  Upon conclusion of the duration of the agreement, the development agreement will terminate and the zoning will become permanent and open to all uses afforded that zone.

18.1.5.  Administration:

18.1.5.1.        Applicant: It shall be the responsibility of the applicant, using forms provided by the administrator, to provide sufficient information, detail and data so as to demonstrate to the recommending and deciding bodies that the proposed zoning is compatible with the land to which it is proposed to attach, and that uses allowed thereon will not impose undue adverse effects on established uses in the area or undue burden on the provision of public services, including public schools.

18.1.5.2.        Administrator: Upon receipt of a completed application for a zone map amendment, along with applicable fee, the administrator will schedule public hearing on the next available agenda of the planning and zoning commission, allowing for public notification. At least one week prior to the scheduled date of the hearing, the administrator will mail copies of the application and any public comment received to the members of the commission, along with a staff analysis which shall:

18.1.5.2.1.  Summarize the proposed amendment and, if applicable, the specific use proposed by the application, including the type use should the amendment be approved.

18.1.5.2.2.  Establish the specifics of the site or area on which amendment is proposed, to include parcel number(s), legal description, existing zone district designation, parcel size, surrounding zone district designations, and surrounding general land uses.

18.1.5.2.3.  Identify any overlay, hazardous area or special site affected by the amendment proposal.

18.1.5.2.4.  Include a listing of the provisions of this ordinance applicable to the amendment proposed.

18.1.5.2.5.  Provide an analysis of applicable provisions of the Comprehensive Plan.

18.1.5.2.6.  Include a listing of options available to the planning and zoning commission in rendering a recommendation on the application.

18.1.5.3.        Planning and Zoning Commission: The planning and zoning commission will hold public hearing on the proposed amendment, and, based on materials in the application, the staff analysis and testimony presented in writing and during public hearing, hold discussion to develop reasoned findings to support a recommendation.

18.1.5.4.        Recommendation: Upon conclusion of public hearing and based upon discussion held, the planning and zoning commission may, by motion and majority vote:

18.1.5.4.1.  Recommend Approval: Forward to the board of county commissioners a recommendation to approve the zone map amendment and direct staff to prepare written findings and recommendation, enunciating findings on each separate component of the comprehensive plan, when it is determined that the proposal meets the criteria established herein and the criteria established in the Comprehensive Plan. At the discretion of the planning and zoning commission, final action may be tabled until the next regular meeting to allow review and approval of the findings and recommendation.

18.1.5.4.2.  Recommend Disapproval: Forward to the board of county commissioners a recommendation that the amendment application be disapproved, directing staff to prepare written findings and recommendation, enunciating findings on each separate component of the Comprehensive Plan, when it is determined that the proposal does not meet the criteria established herein or the criteria established in the Comprehensive Plan. Where a specific use is proposed and a lesser development permit application is available and appropriate that would allow the establishment of that use, the planning and zoning commission may discuss possible terms and conditions and direct the applicant and the administrator to complete such application to be forwarded to county commissioners for their consideration. At the discretion of the planning and zoning commission, final action may be tabled until the next regular meeting to allow review and approval of the findings and recommendation.

18.1.5.4.3.  Render Considerations: Forward to county commissioners written considerations when the planning and zoning commission is split and unable to reach consensus. These written considerations will specify issues of contention and the rationale of members on each side of the issue, to include any terms or conditions discussed. Final action will be tabled until the next regular meeting to allow review and approval of the written considerations, with motion and majority vote authorizing the chairman to sign.

18.1.5.5.        Board of County Commissioners: Upon receipt of findings and recommendation, the administrator will schedule public hearing on the next available agenda of the board of county commissioners, allowing time for public notification. The board of county commissioners will hold public hearing on the proposed zone map amendment, and, based on the findings and recommendation of the commission, materials in the application, the staff analysis and testimony presented in writing and during public hearing, hold discussion to consider the provisions of this ordinance and the comprehensive plan so as to develop reasoned findings to support a decision. The board will not be bound by the recommendation of the planning and zoning commission, but may, if the same conclusion is reached, adopt or incorporate their findings.

18.1.5.5.1.  Final Decision: Upon conclusion of public hearing and based upon discussion held, the board may, by motion and majority vote:

18.1.5.5.1.1.                    Approve: Approve the zone map amendment and direct staff to prepare written findings and decision and a draft ordinance to amend the zoning map, enunciating findings on each separate component of the comprehensive plan, when it is determined that the proposal meets the criteria established herein and in the Comprehensive Plan.

18.1.5.5.1.2.                    Table: Table or continue the hearing to a later date and time certain to allow further consideration of the amendment proposed or to allow to review and approval of written findings and decision.

18.1.5.5.1.3.                    Disapprove: Disapprove the amendment, directing staff to prepare written findings and decision, enunciating findings on each separate component of the Comprehensive Plan, when it is determined that the proposal does not meet the criteria established herein or the criteria established in the Comprehensive Plan. Where the planning and zoning commission has forwarded recommendation of a lesser permit that would allow establishment of a proposed specific use, the board may, through separate findings, grant or deny that application pursuant to the provisions specific to that application.

18.2. LEGISLATIVE ACTIONS

18.3. Amending the Comprehensive Plan and/or Map:

18.3.1.  Purpose: To establish a process by which the text of the Boundary County Comprehensive Plan or the Comprehensive Plan Map may be amended so as to remain current with changing factual data and conditions, and to allow adaptation to unforeseen and unanticipated land use trends.

18.3.2.  Applicability: Amendments to the Comprehensive Plan or the Comprehensive Plan Map may be initiated by the board of county commissioners, the planning and zoning commission or by any interested citizen, however, the planning and zoning commission will bear the responsibility, pursuant to IC 67-6509, of considering the proposed amendment so as to determine whether the amendment meets desirable land use goals and objectives and serves the public interest.

18.3.3.  Administration: Requests for Comprehensive Plan or Comprehensive Plan Map amendments will be made on forms provided by the administrator, specifying the person or agency requesting the amendment, to include mailing address and telephone number, the section of the plan to be amended, the proposed language and the rationale for the amendment.

18.3.4.  Planning and Zoning Commission: Upon receipt of a request for amendment of the comprehensive plan or map, the administrator will provide copies to each member of the planning and zoning commission and schedule discussion of the proposal on the next available regular meeting agenda. During discussion, the person or agency making the request will have the opportunity to present their case, and the planning and zoning commission will determine whether the proposal may be reasonable and necessary and whether further consideration is warranted.

18.3.5.  If it is determined by the planning and zoning commission that the amendment is not reasonable or necessary, it may disapprove the request, providing the applicant written findings supporting the decision.

18.3.6.  If it is determined by the planning and zoning commission that the proposed amendment may be reasonable or necessary but that further refinement is needed, the administrator will be directed to schedule further discussion on the next available agenda or arrange scheduling and location for workshop(s).

18.3.7.  If it is determined by the commission that the amendment may be reasonable or necessary as drafted, the administrator will be directed to schedule public hearing on the next available agenda providing for public notification process pursuant to IC 67-6509.

18.3.8.  After conducting at least one public hearing, the commission may:

18.3.8.1.                    Recommend Approval: Forward to county commissioners a recommendation of approval of the amendment as written, providing written findings supporting the decision.

18.3.8.2.                    Recommend Approval as Amended: Forward to county commissioners a recommendation of approval of the amendment with changes specified, providing written findings supporting the decision.

18.3.8.3.                    Recommend Disapproval: Forward to county commissioners a recommendation of disapproval, providing written findings supporting the decision.

18.3.8.4.                    Table for Further Review: Determine that additional refinement is desirous, and direct the administrator to schedule further discussion on the next available agenda or arrange scheduling and location for workshop(s).

18.3.9.  County Commissioners: Upon receipt of a recommendation from the planning and zoning commission, the administrator will set public hearing before the board of county commissioners providing for public notification pursuant to IC 67-6509. After conducting at least one public hearing, the board may:

18.3.9.1.                    Approve: Approve the amendment as written by resolution adopted.

18.3.9.2.                    Approve as Amended: Approve the amendment as amended by resolution adopted.

18.3.9.3.                    Disapprove: Disapprove the request for amendment, providing written findings supporting the decision.

18.3.9.4.                    Table: Table the proposal for further amendment or refinement, directing the clerk to schedule time on the regular meeting agenda. At the conclusion of such work, at least one (1) additional public hearing shall be held prior to a decision being rendered.

18.3.10.          Upon adoption of a comprehensive plan amendment, a copy of the amendment and resolution will be recorded with the Clerk of Court.

18.4. Comprehensive Plan Review:

18.4.1.  Applicability: The Comprehensive Plan review will consist of a thorough examination of the entire content of the plan by interested citizens and the planning and zoning commission to determine whether the plan remains a valid representation of the goals and desires of the majority of participants in guiding land use. Such review shall be conducted at least once every ten (10) years, or whenever the board of county commissioners determine that such review is necessary in the face of changing conditions. If the planning and zoning commission determines that review is necessary, they may forward to county commissioners recommendation that the Comprehensive Plan Review be conducted.

18.4.2.  Administration: At least one year prior to the tenth anniversary of the date of adoption of the existing Comprehensive Plan, or whenever so directed by the board of county commissioners, the administrator will initiate the following procedure:

18.4.2.1.                    Schedule discussion of the comprehensive plan review process with the board of county commissioners so as to establish budget.

18.4.2.2.                    Schedule discussion of the comprehensive plan review process on at least one planning and zoning commission meeting agenda so as to develop strategy and timelines for the conduct of the Comprehensive Plan review.

18.4.2.3.                    Schedule a series of public informational meetings regarding the process at various central locations throughout the county so as to invite and encourage the highest level of public participation, allowing sufficient time to publicize the meetings and the process using all available local media and informational resources available. The administrator or designated representative will attend and moderate each meeting, and at least one member of the planning and zoning commission or board of county commissioners will be in attendance. All interested parties, including members of the commission and the board, will  be encouraged to attend, and a contact list of all citizens interested in participating in the review process will be maintained.

18.4.2.4.                    Assign citizen committees, each chaired by a member of the planning and zoning commission, who will serve as moderator, to examine each component of the Comprehensive Plan as required at IC 67-6508. If new components have been added by the legislature that are not part of the plan being reviewed, committees will be formed to gather factual data pertinent to each from which to draft that component.

18.4.2.5.                    Schedule a series of committee workshops so as to thoroughly analyze each factual component of the Comprehensive Plan as required at IC 67-6508, as well as to consider additional components that may be necessary or desirous. Each committee will gather factual data pertinent to each component to determine whether the existing plan remains current. If so, the committee will recommend, in writing, that the component studied should be retained. If not, the committee will proceed to draft an amended component so as to reflect current conditions. Work will be publicized to the greatest extent possible so as to keep the public informed of progress and direction and to encourage continued participation, and the board of county commissioners will be kept informed of progress through regularly scheduled meetings with the administrator.

18.4.2.6.                    Upon conclusion of review of their component, each committee will examine their section in the Implementation component so as to ascertain that the goals and objectives enunciated remain valid. If so, the committee will recommend, in writing, that the current provisions be retained. If not, the committee will draft a recommended amendment.

18.4.2.7.                    When each committee has completed work on their specific component, a series of workshops involving all participants will be scheduled to examine the Comprehensive Plan in its entirety, to include the Land Use component, the Implementation component and the Comprehensive Land Use Map, until the majority of members are satisfied that the current Comprehensive Plan remains valid and desired or that a new proposed draft represents their best effort. The entire committee may:

18.4.2.7.1.  Recommend to the planning and zoning commission that the current comprehensive plan be retained.

18.4.2.7.2.  Recommend to the planning and zoning commission that the current comprehensive plan be amended.

18.4.2.7.3.  Recommend to the planning and zoning commission that the current comprehensive plan be repealed and a new plan adopted.

18.4.2.8.                    Upon conclusion of the above process, the administrator will schedule presentation of the committee recommendation on the next available agenda of the planning and zoning commission, and the commission, by motion and majority vote, will elect whether to conduct additional workshops to further refine the proposed Comprehensive Plan or to proceed to public hearing as drafted.

18.4.2.9.                    The planning and zoning commission will hold at least one (1) public hearing on the committee’s recommendation, following public notification as required at IC 67-6509 and Section 19, this ordinance. Following public hearing, the commission may:

18.4.2.9.1.  Recommend Adoption: Forward to the board of county commissioners a recommendation of adoption.

18.4.2.9.2.  Table: Schedule additional workshops to further refine the proposed plan, to include the comprehensive land use map, conducting additional public hearings any time a substantial change is made, until a majority of planning and zoning commission members, by motion and vote taken, are satisfied that the proposed Comprehensive Plan represents their best effort in expressing the interests of the community, at which time a recommendation shall be forwarded to the board with a recommendation of adoption.

18.4.3.  Upon receipt of a recommendation of adoption from the planning and zoning commission, the administrator will provide copies as proposed to each member of the board of county commissioners and allow at least 30 days for their review. After the review period ends, the administrator will schedule meeting on the next available agenda to allow discussion of concerns and a decision either to remand the plan back to the planning and zoning commission for further refinement or to proceed to public hearing.

18.4.4.  Upon decision to proceed to public hearing, the administrator will schedule public hearing before the board of county commissioners, allowing for public notification pursuant to IC 67-6509 and Section 19, this ordinance. Following public hearing, the board may:

18.4.4.1.                    Retain: Retain the existing Comprehensive Plan and Comprehensive Plan Map by resolution adopted.

18.4.4.2.                    Amend: Amend the existing Comprehensive Plan and Comprehensive Plan Map by resolution. In the event the Comprehensive Plan or Comprehensive Plan Map is amended, county commissioners will direct the planning and zoning commission to review the zoning and subdivision ordinance and zoning map to recommend amendments or redrafting to meet the goals and objectives of the amended comprehensive plan.

18.4.4.3.                    Repeal and Adopt: Repeal the existing Comprehensive Plan and Comprehensive Plan Map and adopt a new Comprehensive Plan and Comprehensive Plan Map by resolution. In the event the Comprehensive Plan or Comprehensive Plan Map is repealed and a new plan and map approved, county commissioners will direct the planning and zoning commission to review the zoning and subdivision ordinance and zoning map to recommend amendments or redrafting to meet the goals and objectives of the adopted comprehensive plan and comprehensive plan map.

18.4.4.4.                    Table: Table the proposal so as to further refine the proposed plan, to include the comprehensive land use map, in regular meeting or workshop. Additional public hearings will be held until a majority of county commission members, by motion and vote taken, are satisfied that the proposed Comprehensive Plan represents their best effort in expressing the interests of the community, at which time the current Comprehensive Plan shall be amended or repealed and the new Comprehensive Plan and Comprehensive Plan Map shall be adopted by resolution.

18.4.5.  Upon amendment or adoption, the Comprehensive Plan and Comprehensive Land Use Map will be recorded with the Clerk of Court.

18.5. Amending this Ordinance:

18.5.1.  Applicability: Amendments to the Zoning and Subdivision Ordinance may be initiated by the board of county commissioners, the planning and zoning commission, the administrator or by any interested citizen, however, the planning and zoning commission will bear the responsibility of determining whether the proposed amendment meets the goals and objectives of the Comprehensive Plan and serves the public interest.

18.5.2.  Administration:

18.5.2.1.                    Requests for amendments of this ordinance will be made on forms provided by the administrator, specifying the person or agency requesting amendment, to include mailing address and telephone number, the provisions to be considered, the language proposed and the rationale or purpose for the amendment. Proposals should cite appropriate Comprehensive Plan provisions that support the request.

18.5.2.2.                    Planning and Zoning Commission: Upon receipt of a request for amendment of this ordinance, the administrator will provide copies to each member of the planning and zoning commission and schedule discussion of the proposal on the next available agenda. During discussion, the person or agency making the request will have the opportunity to present their case, and the commission will determine whether the proposal may be reasonable and necessary and whether further consideration is warranted.

18.5.2.2.1.  If it is determined by the commission that the amendment is not reasonable or necessary, the commission may disapprove the request, providing written findings supporting the decision.

18.5.2.2.2.  If it is determined by the commission that the proposed amendment may be reasonable or necessary but that further refinement is needed, the administrator will be directed to schedule further discussion on the next available agenda or arrange scheduling and location for workshop(s).

18.5.2.2.3.  If it is determined by the commission that the amendment may be reasonable or necessary as presented, the administrator will be directed to schedule public hearing and initiate the public notification process pursuant to IC 67-6509 and Section 19, this ordinance.

18.5.2.3.                    After conducting at least one public hearing, the commission may:

18.5.2.3.1.  Recommend Approval: Forward to county commissioners a recommendation of approval of the amendment as presented, providing written findings supporting the decision.

18.5.2.3.2.  Recommend Approval as Amended: Forward to county commissioners a recommendation of approval of the amendment with changes specified, providing written findings supporting the decision.

18.5.2.3.3.  Recommend Disapproval: Forward to county commissioners a recommendation of disapproval, providing written findings supporting the decision.

18.5.2.3.4.  Table: Determine that additional refinement is desirous, and direct the administrator to schedule further discussion on the next available agenda or arrange scheduling and location for workshop(s). Following amendment through the conduct of workshops or further discussion, at least one additional public hearing will be held before the planning and zoning commission prior to a recommendation being forwarded, even if no substantial change has been made.

18.5.2.4.                    Board of County Commissioners: Upon receipt of a recommendation from the planning and zoning commission, the administrator will schedule public hearing before the board of county commissioners and public notification will be made pursuant to IC 67-6509 and Section 19, this ordinance.

18.5.2.5.                    After conducting at least one public hearing, the board of county commissioners may:

18.5.2.5.1.  Disapprove: Disapprove the request for amendment, providing written findings supporting the decision.

18.5.2.5.2.  Approve: Approve the amendment as presented by ordinance adopted.

18.5.2.5.3.  Approve as Amended: Approve the amendment as amended by ordinance adopted.

18.5.2.5.4.  : Table: Table the proposal for further amendment or refinement, directing the clerk to schedule time on the regular meeting agenda. At the conclusion of such work, at least one (1) additional public hearing will be held prior to a final decision being rendered.

18.6.        Legislative Zone Map Amendments:

18.6.1.  Purpose: To establish procedures by which the zone district designation of large tracts or areas of Boundary County involving multiple property ownership may be amended to adapt to changing conditions or to more closely conform to the goals and objectives of the Comprehensive Plan and the Comprehensive Land Use Map.

18.6.2.  Applicability: Legislative amendments to the Zone District Map may be initiated by the board of county commissioners, the planning and zoning commission, the administrator or by any interested citizen by petition as specified in Section 18.3, however, the planning and zoning commission will bear the responsibility of determining whether the proposed amendment meets the goals and objectives of the Comprehensive Plan and serves the public interest.

18.6.3.  Administration:

18.6.3.1.                    Requests for legislative amendments of zoning map will be made on forms provided by the administrator, specifying the person or agency requesting amendment, to include mailing address and telephone number, a map showing the areas proposed for amendment and the proposed zoning, and a narrative explaining why the amendment is necessary. Proposals should cite appropriate Comprehensive Plan provisions that support the request.

18.6.3.2.                    It will be the responsibility of the administrator to determine whether the proposed amendment is legislative or quasi-judicial.

18.6.3.3.                    Planning and Zoning Commission: Upon receipt of a request for legislative amendment of the zone map, the administrator will provide copies to each member of the planning and zoning commission and schedule discussion of the proposal on the next available agenda. During discussion, the person or agency making the request will have the opportunity to present their case, and the planning and zoning commission will determine whether the proposal may be reasonable and necessary and whether further consideration is warranted.

18.6.3.3.1.  If it is determined by the planning and zoning commission that the amendment is not reasonable or necessary, it may disapprove the request, providing written findings supporting the decision.

18.6.3.3.2.  If it is determined by the planning and zoning commission that the proposed amendment may be reasonable or necessary but that further refinement is needed, the administrator will be directed to schedule further discussion on the next available agenda or arrange scheduling and location for workshop(s).

18.6.3.3.3.  If it is determined by the planning and zoning commission that the amendment may be reasonable or necessary as presented, the administrator will be directed to schedule public hearing pursuant to IC 67-6509 and Section 19, this ordinance.

18.6.3.4.                    After conducting at least one public hearing, the planning and zoning commission may:

18.6.3.4.1.  Recommend Approval: Forward to county commissioners a recommendation of approval of the amendment as presented, providing written findings supporting the decision.

18.6.3.4.2.  Recommend Approval as Amended: Forward to county commissioners a recommendation of approval of the amendment with changes specified, providing written findings supporting the decision.

18.6.3.4.3.  Recommend Disapproval: Forward to county commissioners a recommendation of disapproval, providing written findings supporting the decision.

18.6.3.5.                    Board of County Commissioners: Upon receipt of a recommendation from the commission, the administrator will schedule public hearing before the board of county commissioners and public notification made pursuant to IC 67-6509 and Section 19, this ordinance. After conducting at least one public hearing, the board may:

18.6.3.5.1.  Approve: Approve the amendment as presented by ordinance adopted.

18.6.3.5.2.  Approve as Amended: Approve the amendment as changed by the board of county commissioners by ordinance adopted.

18.6.3.5.3.  Disapprove: Disapprove the request for amendment, providing written findings supporting the decision.

18.6.3.5.4.  Table: Table the proposal for further amendment or refinement, directing the clerk to schedule time on the regular meeting agenda. At the conclusion of such work, at least one (1) additional public hearing will be held prior to a decision being rendered.

18.7.        Workshops: During the course of developing legislation as defined herein, the planning and zoning commission and the board of county commissioners may convene workshop sessions as needed to allow the gathering and dissemination of data and information, for reviewing, discussing and editing proposed legislation or amendment, or other such activities which cannot be effectively accomplished during regular meetings or at public hearing. Workshops are conducted with less formality than regular meetings or public hearings, but the following provisions apply:

18.7.1.  Workshops will be conducted as special meetings in accordance with Idaho’s Open Meeting Law, included on the applicable agenda and be posted outside the Planning and Zoning Office at least five (5) days prior to the workshop.

18.7.2.  Written minutes will be kept and made available to the public within a reasonable time following the workshop.

18.7.3.  At planning and zoning commission workshops, no quorum will be required provided at least one planning and zoning commission member and a member of staff are present and that no final actions are taken or motion called.

18.7.4.  At planning and zoning commission workshops, members of the public may be allowed to participate, provided notice so states.

18.7.5.  All work performed during workshops will be legislative and subject to subsequent public hearing.

 

19. PUBLIC HEARINGS AND NOTIFICATION

 

19.1. Purpose: To provide for the efficient dissemination of public information regarding pending land use applications upon which a quasi-judicial or legislative decision will be rendered so as to enable participation in the public hearing process by interested parties and to establish the order of proceedings during public hearing pursuant to Idaho Code.

19.2. Public Notification: When so required by the provisions established herein, the following procedures will be followed to ensure the widest public notification of land use proposals and to allow for the receipt of public participation and comment. In the event any portion of the public notification process is subsequently found faulty, the hearing for which such notice was made will be opened and tabled to allow proper public notification.

19.2.1.  Legal Publication: Upon receipt of a development permit application for a use requiring public hearing, the administrator will establish the date, time and location of the meeting during which the application will be considered, and cause to be published in the official newspaper of record a legal notice not less than fifteen (15) calendar days prior to the date the hearing is scheduled. Legal notice will contain, at minimum:

19.2.1.1.         The name of the applicant.

19.2.1.2.         The type use being proposed and a brief description of that use.

19.2.1.3.         The parcel number upon which the use is proposed and a general description of the location.

19.2.1.4.         The date, time and location of the public hearing.

19.2.1.5.         The address to which written comment should be submitted and the deadline for receipt of written comment.

19.2.1.6.         A telephone number for those seeking additional information.

19.2.1.7.         The location where the full record may be reviewed.

19.2.2.   County Department Review: Not less than fifteen days prior to the date of public hearing, the administrator will provide review copies of the application subject to public hearing to affected county departments for review and comment.

19.2.3.  Mailed Notification: Pursuant to Idaho Code, the administrator will draft a “Notice of Public Hearing” containing at minimum the information contained in the legal notice, to be mailed by first-class post prior to publication of the legal notice to:

19.2.3.1.        The applicant and any agent(s) engaged by the applicant as indicated in the application. In addition to notice, the applicant or designated agent will also be sent an invoice of mailing listing names and addresses of all entities and persons to whom notice was mailed, as well as the overall cost of mailing. No final permit will be issued until the mailing invoice is paid. It will be the responsibility of the applicant to ensure that the mailing list is complete and to notify the administrator immediately of any additional agencies or individuals who should receive notice.

19.2.3.2.        All affected governmental and quasi-governmental agencies.

19.2.3.3.        All property owners within three hundred (300) feet of the lot or parcel upon which the use is proposed. Where the applicant owns additional properties adjoining that on which the use is proposed, the applicant’s entire holding will be considered a single parcel for the purpose of mailing.

19.2.4.  Published Notice in Lieu of Mailing: Pursuant to Idaho Code, when an application is regional in scope and affects more than two hundred property owners, a display advertisement in the newspaper of record not less than four inches by two columns in size may be published at least once, beginning at least fifteen (15) calendar days prior to the date of hearing, in lieu of mailing notices.

19.2.5.  Posting Property: At least seven calendar days prior to the date of hearing, the administrator will cause to be posted a legible sign in a visible location on the property on which the use is proposed, pursuant to Idaho Code. This sign will at minimum provide a brief overview of the application, the date, time and location of the hearing, and a method by which those interested may obtain additional information. At his discretion, the administrator may direct the applicant to post the property and provide photographic proof and date that the sign was posted.

19.2.6.  Notifying Members: At least one week prior to the scheduled hearing and subsequent to the deadline established for receipt of written comment, the administrator will duplicate all application materials, written testimony and staff analysis so as to provide each member to sit in public hearing a complete copy of the application as available to the general public. Record of public notification may be omitted from member notice.

19.3.                    Public Hearings:

19.3.1.  General: Public hearings are official proceedings governed by Idaho Code and the procedures established herein. During public hearing, all parties interested in the decision under consideration will be afforded the opportunity to be heard, though a time limit on testimony may be established at the outset at the discretion of the presiding chair.

19.3.2.  Record to be Maintained: All public hearings will be recorded to provide a transcribable audio record, and such recordings will be maintained by the zoning administrator for a period of not less than six months from the date of the public hearing. Written minutes shall be maintained of all public meetings, to include public hearings, and maintained as a permanent record for a period of not less than twenty-five years. If the minutes are subsequently typed, the original notes from which the minutes were typed will be maintained as part of the hearing record.

19.3.3.  Ex Parte Contact/Conflict of Interest: Public hearings will be conducted pursuant to the Idaho Open Meeting Law, and no member will seek or accept comment, testimony or information outside the established public hearing process; or sit on the panel when conflict of interest exists during any quasi-judicial public hearing. Should a member have concern regarding potential ex parte contact or conflict of interest, that member will disclose these concerns to the sitting chair prior to the hearing being opened to public testimony, and the chair will render a decision as to whether such concern constitutes ex parte contact or conflict of interest. When ex parte contact or conflict of interest is declared, the member may elect to absent themselves from the room during that hearing or sit in the gallery as a member of the public. A member so removed may give testimony as a member of the public, but cannot participate in the decision making process. Ex parte contact and conflict of interest do not apply in a legislative public hearing.

19.3.4.  Lack of quorum or absence of staff: In the event of a lack or quorum or absence of staff, scheduled public hearings will be opened and tabled to a set date and time, with no additional public notice required.

19.4.                    Order of Proceedings:

19.4.1.  The hearing chair will open the meeting and describe the public hearing procedure. When multiple public hearings are included on a single agenda, review of the procedure need only occur once at the beginning of the meeting.

19.4.2.  Prior to accepting testimony during a quasi-judicial public hearing, the chair will call for conflicts of interest or ex parte contact among members specific to the proposal being heard.

19.4.3.  The chair will open public hearing and briefly describe the application.

19.4.4.  The applicant or designated representative may give an opening statement. Members may ask questions of the applicant. Absence of the applicant or representative at public hearing will not automatically result in postponement of the public hearing, but members may table the hearing should it be determined that the applicant’s presence is necessary so as to allow an informed decision. Likewise, if the applicant knows or finds that attendance at the meeting will not be possible, the applicant may notify the administrator prior to the hearing and request either that the hearing continue despite the absence or that the hearing be tabled to allow attendance. If the request is to hold the hearing despite the absence, such request will be provided the chair at public hearing in lieu of the applicant’s opening statement. If the request is to table the public hearing, a time and date certain for reconvening the hearing will be set and announced to all interested parties in attendance, and no additional public notification will be required. If no time and date certain is set, the public notification process set forth above at 19.2, above, will be repeated prior to reconvening the public hearing at the applicant’s expense.

19.4.5.  The administrator or designee may give staff report. Members may ask questions of the administrator.

19.4.6.  The hearing will be opened to public testimony, first from those in favor of the proposal, next from those uncommitted on the proposal and finally from those opposed to the proposal. Members may ask questions of each speaker.

19.4.7.  The applicant will have the opportunity to provide a closing statement to clarify the application and rebut concerns. Members may ask questions of the applicant.

19.4.8.  If, as a result of testimony received, a material change has been made to the application, the chair will declare the substantial change and reopen the hearing to public testimony specific to that change.

19.4.9.  Upon conclusion of all testimony, the chair will close the hearing to public testimony and call for discussion and deliberation by members. No further questions will be asked of the applicant or members of the public, and no additional public comment will be accepted without reopening the hearing to public testimony. Discussion will be aimed toward establishing reasoned findings upon which to base a recommendation or decision.

 

 

20. PARCEL DIVISIONS

 

20.1. Applicability: Except where exempt at Section20.2 below, a development permit authorizing parcel division must be obtained prior to the partition of any parcel within the jurisdiction of Boundary County.

20.2. Exemptions: Provisions of this section do not apply when all new parcels created are not platted and equal or exceed 20 acres or one-thirty-second aliquot portion of a section in size, nor will these provisions or minimum parcel size requirements apply when:

20.2.1. Parcels are created for lease solely for the purpose of agricultural or silvicultural production and harvest.

20.2.2. Parcels are created for mineral, oil or gas leases.

20.2.3. Parcels are created for the placement of government services, public utilities or rights-of-way.

20.2.4. Parcels are divided for the sole purpose of burial or interment within an approved cemetery.

20.2.5. Parcels are established through testamentary provisions or the laws of descent, provided documentation is provided the administrator so as to identify parcels so created.

20.2.6. Divisions of land ordered by a court of competent authority in Boundary County, provided documentation is provided the administrator so as to identify parcels so created.

20.2.7. Division of a single portion of a parcel for the sole purpose of obtaining financing, provided the portion encumbered and the remainder remain under single ownership and that both parcels so created consolidate again into a single parcel upon satisfaction of the debt; or, in the event of foreclosure, documentation from the lender be provided the administrator so as to identify parcels so created.

20.3. Classes of Parcel Division:

20.3.1. Parcel Line Adjustment: A change in the legal description of a line dividing unplatted parcels where no new parcels are created. It is available by permit approved by the administrator. Criteria for approval are based on how the changing parcel sizes impact the zone density minimums. Approval is indicated when where the resulting parcels meet or exceed the standard net residential density within that zone, and no new parcel is created; or if on balance, the parcel line adjustment reduces the non-conformity of an existing legally created parcel of record. If a parcel line adjustment does increase non-conformity, the administrator must verify that the adjustment is not intended to create a new parcel and circumvent minimum zone density acreages.

20.3.2. Simple Parcel Division: A simple parcel division is an unplatted parcel division creating five or fewer parcels, each meeting or exceeding both 5 acres and the standard net development density in the zone district in which it lies and each parcel having approved driveway approach from a county road or state highway. If a simple parcel division is approved and a subsequent application is made by the same owner for further subdividing the original parcel, then platting will be required and must include any unsold parcels previously divided by simple parcel division. This provision may not be used to divide parcels created with the 20 acre exemption, or Primitive parcel division.

20.3.3. Primitive Parcel Division: A primitive parcel division is an unplatted parcel division creating up to two new parcels, each meeting or exceeding both 5 acres and the standard net development density in the zone district in which it lies. In addition, each parcel so created will have, at minimum, defined access and utility easements from an existing public road displayed on a record of survey. Primitive parcel divisions must accurately disclose the level of services or lack thereof on the face of a record of survey. If a primitive parcel division is approved and a subsequent application is made for further subdividing the original parcel, then platting will be required, and must include any unsold parcels previously divided by primitive parcel division. This provision may not be used to divide parcels created with the 20 acre exemption, or Simple Parcel Division.

20.4. Administration: Parcel Line Adjustment:

20.4.1. Applicant: Applications for Parcel Line Adjustment will be made on forms provided by the administrator, all applications shall include the names of each owner and their respective ownership interest in the property to be divided, all lien holders of the property, and bear the signatures of all parties holding ownership interest indicating approval of the partition of the property. Applications must include a copy of record of survey and/or the legal descriptions of each parcel proposed or a site sketch sufficient to accurately depict the dimensions of each parcel and their size, in acres, and any legal easements or rights of way encumbering the parcel involved in the line adjustment.

20.4.2. Administrator: Upon receipt of a completed application for Parcel Line Adjustment, the administrator will provide copies to all interested county departments, including the Assessor’s office.

20.4.3. Consideration: The administrator will consider the following when reviewing an application for a simple parcel division:

20.4.3.1. Did the application meets the requirements established herein?

20.4.3.2. If the adjusted parcel sizes reduce nonconformity to zone acreage minimums, then approval is indicated.

20.4.3.3. If an adjusted parcel size increases nonconformity to zone acreage minimums, then approval is subject to establishing that the purpose of the Parcel Line Adjustment is not to create a new parcel and circumvent zone acreage minimums. Note: Considerations for Transfer of Real Property to Family Members, if appropriate to this Parcel Line Adjustment, take precedence here. See 20.10.1.

20.4.4. Decision: After considering an application for Parcel Line Adjustment the administrator may:

20.4.4.1. Approve: Approve the application and issue a permit. When the new legal descriptions have been recorded, the administrator will issue a certificate of compliance, and inform the Assessor’s office of the parcel size changes.

20.4.4.2. Deny: Deny the application, advising the applicant in writing the reason for denial, and the applicant's right to appeal.

 

20.5. Administration: Simple Parcel Division:

20.5.1. Applicant: Applications for simple parcel division will be made on forms provided by the administrator, all applications shall include the names of each owner and their respective ownership interest in the property to be divided, all lien holders of the property, and bear the signatures of all parties holding ownership interest indicating approval of the partition of the property. Applications must include a copy of record of survey and the legal descriptions of each parcel proposed or a site sketch sufficient to accurately depict the dimensions of each parcel and their size, in acres, and any legal easements or rights of way encumbering the parcel to be divided. Applications must be signed by an authorized representative of the Boundary County Treasurer stating that property taxes are current or arrangements have been made to bring them current, and by an authorized representative of Road and Bridge or the Idaho Transportation Department approving driveway easement access to each parcel created.

20.5.2. Administrator: Upon receipt of a completed application for simple parcel division, the administrator will provide copies to all interested county departments, including the Assessor’s office.

20.5.3. Consideration: The administrator will consider the following when reviewing an application for a simple parcel division:

20.5.3.1. Did the application meets the requirements established herein?

20.5.3.2. Did the application meets the requirements of County Road and Bridge or the Idaho Transportation Department for driveway access?

20.5.3.3. Have concerns raised by affected county departments been met?

20.5.3.4 Whether the parcel was created by a previous Primitive or Simple Parcel Division, or the 20 acre exemption, to assure platting is not required.

 

20.5.4. Decision: After considering an application for simple parcel division the administrator may:

20.5.4.1. Approve: Approve the application, issuing a certificate of compliance.

20.5.4.2. Deny: Deny the application, advising the applicant in writing the reason for denial, and the applicant's right to appeal.

20.6. Administration: Primitive Parcel Division:

20.6.1. Applicant: Applications for primitive parcel division must be made on forms provided by the administrator, all applications shall include the names of each owner and their respective ownership interest in the property to be divided, all lien holders of the property, and bear the signatures of all parties holding ownership interest indicating approval of the partition of the property. Applications must include a copy of record of survey and all legal easements or rights of way encumbering the parcel to be divided, or the lack thereof. Applications must be signed by authorized representative of the Boundary County Treasurer stating that property taxes are current or arrangements have been made to bring them current, and by an authorized representative of Road and Bridge or the Idaho Transportation Department approving driveway easement access to each parcel created.

20.6.2. Administrator: Upon receipt of a completed application for primitive parcel division, the administrator will provide copies to all interested county departments, to include the Assessor’s office, the Treasurer's office, Road and Bridge Department, and GIS addressing department.

20.6.3. Consideration: The administrator will consider the following when reviewing an application for primitive parcel division:

206.3.1. Did the application meet the requirements established herein?

206.3.2. Did the application meet the requirements of County Road and Bridge or the Idaho Transportation Department for driveway access?

20.6.3.3. Have concerns raised by affected county departments have been met?

20.6.3.4 Whether the parcel was created by a previous Primitive or Simple Parcel Division, or the 20 acre exemption, to assure platting is not required.

20.6.4. Decision: After considering an application for primitive parcel division the administrator may:

20.6.4.1. Approve: Approve the application, issuing a certificate of compliance.

20.6.4.2. Deny: Deny the application, advising the applicant in writing the reason for denial, and the applicant's right to appeal.

20.7. Final Record of Survey Requirements: Following the acceptance of a primitive parcel division application and prior to the conveyance of any parcels, the applicant shall cause to be drawn a record of survey which shall include the following:

20.7.1. The initial point of survey and descriptions and locations of monuments in accordance with the provisions of Idaho Code.

20.7.2. The center lines and widths of all existing or proposed streets, roads and alleys. 20.7.3 The length and bearing of the lines of all streets, roads, alleys, rights of ways and easements.

20.7.4. A list of all instruments which encumber any parcel on the record of survey.

20.7.5. A certification stating that all parcels created and displayed on the record of survey shall require platting if divided in the future; the certification shall be signed by the Chairman of the Boundary County Board of Commissioners.

20.7.6. A place for the signature of the Boundary County Clerk of Court certifying recording of the record of survey.

20.7.7. The instrument number of the record of survey must be shown on the warranty deeds, or conveyance documents, of all parcels shown on the record of survey.

20.8. Terminating an Application for Parcel Division: An approved simple or primitive parcel division shall lapse if conveyance documents with the properties legal description have not been recorded in the Boundary County Records Department within two years of the date of approval.

20.9. Penalties for Violation:

20.9.1. Failure to File Simple or Primitive Parcel Division: Failure to apply for simple or primitive parcel division when so required shall constitute an infraction pursuant to Section 4.1.1.8.

20.10. Transfer of Real Property to Family Members:

20.10.1. Conditions of Family Transfer Privilege:

20.10.1.1. Objective: To establish an equitable means by which the owners of privately held unplatted land may attain a reasonable increase in residential density expressly for the purpose of conveying real property to immediate family members.

20.10.1.2. Immediate Family Members Defined: For the purpose of this section, immediate family members will be deemed to be and limited to the property owner’s children, step-children, adopted children, parents and grandparents.

20.10.1.3. Corporations not Eligible: The provisions of this section will not be exercised to divide lands owned by corporations, LLCs or other business entities, but may be exercised on lands held jointly in family trust.

20.10.1.4. Eligibility: The provisions established by this section may be exercised when:

20.10.1.4.1. The property owner transferring real property under this provision has owned the land for a period of not less than one year; and

20.10.1.4.2. The lands to be conveyed are suitable for residential construction in that they have adequate access and do not lie in an A Flood Zone, wetland or other hazardous or sensitive area; and

20.10.1.4.3. The recipient of the property has not previously been given property within Boundary County by any other family member under this provision or any similar provision previously allowed by Boundary County.

20.10.2. Maximum Density Allowed: Where the provisions of this section are exercised, the maximum net residential density requirement will be waived, however, neither any new lot created nor the remainder will be less than one-quarter (1/4) acre if both water and sewer service are available; when either community water or sewer service is available, but not both, no lot or parcel will be less than three-quarter (3/4) acre in size; or, where neither community water or sewer services are available, no lot or parcel created will be less than two and one half (2 ½) acres in size.

20.10.3. Administration: Property owners seeking to exercise the rights established by this section will, prior to conveyance of property, submit application for a parcel division, processed on forms provided by the administrator. Where a single parcel is divided into two parcels, process as a simple parcel division. Where a single parcel is divided into three parcels, process as a primitive parcel division. If such parcel is divided into four or more parcels, process as short plat subdivision. Where platting is required, road rights-of-way and slope standards as established in the County Road Standards manual will be met, but surfacing standards may not apply.