Minutes

Boundary County Planning and Zoning Commission

January 17, 2002

Members present: Mary Ann Luedtke, Jane Kirby, Ed Torrence, Marc Paulson, Donna Standley, Mike Young, Lon Merrifield.

Staff present: Mike Weland.

Members absent: Chris Boyer, Jim Paulus.

Guests present: Jacob Epstein

Standley called the meeting to order at 5:30 p.m. and called for reading of the December minutes. Young moved to waive reading and accept them as written, Luedtke seconded and the motion carried unanimously.

Standley called for discussion of the proposed zone ordinance amendments prepared by staff following December’s meeting. Staff reported that he’d further investigated Idaho Code as pertains to Chapter 10, and found that while the wording clearly indicates the intent to retain legislative authority with the planning and zoning commission and county commissioners, it also gives the directive that citizens may apply to amend both zoning of specific property and the zoning ordinance. Staff recommended that proposed amendments to Chapter 10 be dismissed and members concurred.

Kirby called for discussion of proposed amendments to Chapter 14, and stated it was her opinion that Section 2, Home Based Businesses, be eliminated and the county adopt a business license process for any business which required a state license or tax number. After discussion, it was determined that the home-based business section was necessary in order to allow such businesses without the necessity of going through a public hearing process. Paulson felt the amendment proposed was too restrictive in that it required an appearance before the commission prior to establishing a home-based business, and after discussion, it was determined that staff should have the authority to issue a commercial zoning certificate to a business in conformance with the provisions of the section, and the duty to inform an applicant of the procedure necessary should their idea not meet the criteria. Jacob Epstein said he felt the public should know of any application and have the opportunity to comment, and suggested that there be a waiting period when a commercial zoning certificate is issued to allow such comment. Young said he felt this would be too restrictive. Torrence stated that earlier ordinances set ratios to define the word “incidental.” Staff stated that existing forms for zoning certificates do not require footages. After discussion, it was concluded that establishing footage limitations would not be effective. Merrifield stated that the comprehensive plan encouraged private enterprise, and that such business should be welcome. Luedtke stated it was her opinion that the process be kept as simple as possible while providing basic ground rules, that attempting to define every possible contingency was unpractical. Staff stated that by requiring all businesses to obtain a commercial/industrial zoning certificate and a site plan, the site plan would become the controlling document for the business. Young stated he felt that those applying for a commercial zoning certificate be provided a copy of the ordinance sections on home-based businesses; staff stated a brochure could be created and issued with each zoning certificate issued. After discussion, staff read a proposed revision to Section F: “Prior to the establishment or expansion of a home-based business, the owner shall submit application for a commercial/industrial zoning certificate and a site plan. Site plan shall include hours of operation, estimated traffic as a result of the business, the number of employees or persons incidental to the conduct of the enterprise, the type of business and other information necessary to depict a clear and unambiguous description of the business proposed. Upon approval, the site plan shall become the controlling document for the operation of the home-based business.”  Members concurred. Young made motion to table the amendment proposals for discussion at the next meeting and that staff make revisions as specified. Kirby seconded and the motion carried unanimously.

Young expressed his thanks to members of the commission for allowing him to serve as a member.

There being no further business before the Planning and Zoning Commission, Kirby moved to adjourn, Young seconded and the motion carried unanimously. The meeting adjourned at 6:20 p.m.