MINUTES
Special Joint County Commissioner/Planning and Zoning Commission Meeting
February 24, 2009
County Commissioners present: Ron Smith, Dan Dinning, Walt Kirby.
P&Z Commission members present: Jake Negley, Steve Shelman, Doug Reoch, Henry McMahon, Matt Cossalman, Rod Barcklay, Jan Christensen. P&Z Commission members absent: Matt Morgan, Bruce Behrman.
Staff Present: Mike Weland, Lewis Marshall, Phil Robinson.
The following amendments were made to the proposed Boundary County Zoning and Subdivision Ordinance:
3.1. Provisions Apply Equally: The provisions of this ordinance apply equally to all lands situated within the boundaries of Boundary County, Idaho, as established by the State of Idaho, with the exception of those lands situated within the boundaries of incorporated cities and lands within tribal headquarters of the Kootenai Tribe of Idaho situated within Boundary County, Idaho.
3.2. Uses Shall Comply: From the effective date of this ordinance, all uses of land, subdivision and development established thereon shall conform to the provisions of this ordinance. Uses of land which were lawfully established prior to the effective date of this ordinance and which do not conform to the provisions herein will be subject to the provisions of Section 9, Non-Conformance.
3.3.
Affect on Easements and Agreements: This ordinance shall not
be construed to void or impair easements, covenants or other lawful agreements
between private parties and/or governmental agencies, but shall set forth the
minimum standards to which such agreements shall comply. Where standards set
forth herein impose greater restriction or higher standards, the provisions of
this ordinance shall apply. Where private party and/or governmental agencies
impose greater restriction or higher standard, it shall be the responsibility of
those parties to enforce compliance. Boundary County will provide enforcement
and relief only to the extent established herein.
3.4. Affect on Other Laws: No portion of this ordinance shall be construed to condone, allow or encourage any land use that violates any other local, state and/or federal land use law or regulation.
3.5.
Public Nuisance: No portion of this ordinance shall be construed to
permit or condone the establishment of a public nuisance as defined at IC
18-5901. and by Section 18, nor shall any provision herein allow the
continuance of a public nuisance as defined.
3.6. Severability: The provisions of this ordinance are hereby declared to be individually severable. Should any provision of this ordinance be declared invalid by a court of competent jurisdiction, such declaration shall not affect the validity of the remaining provisions.
3.7. Effective Date: This ordinance shall be in full force and effect upon its passage by the board and following publication in one (1) edition of the Boundary County newspaper of record.
3.8. Violations and Penalties
3.8.1. Administrative Violations: A violation that does not attach criminal or civil action, but for which documentation shall be recorded with the Boundary County Clerk of Court so as to attach an encumbrance to the deed record of the property involved. The administrator shall investigate administrative violations and the board shall have enforcement authority, following review by county attorneys. Once recorded with the clerk, an administrative violation may only be removed by action of the board on proof that all violations have been remedied.
3.8.2. Infractions: A civil public offense not constituting a crime, for which a penalty not exceeding $100 per occurrence may be imposed and for which there shall be no period of incarceration. The sheriff and/or prosecutor shall investigate and enforce infraction violations.
3.8.2.1. Separate Violation May Exist: A separate violation may be deemed to occur each day an adjudicated infraction violation continues to exist, beginning on the initial date of notification or date of acknowledgment of receipt of notice, whichever is later.
3.8.2.2.
Abatement of Infraction: In the event that an adjudicated infraction
violation is not sufficient to bring about compliance with the provisions of
this ordinance, the county may take legal action to abate the infraction. and
to establish a tax lien against the property equal to the actual cost of
abatement. In such event, Boundary County may take legal action necessary to
gain ownership interest and/or title to assets for which ownership must be
transferred so as to effect abatement, and shall dispose of those assets as
prescribed by Idaho Code, with funds derived to accrue to the lien.
3.8.3.
Misdemeanors: A crime punishable by both fine, not to exceed
$1,000, and/or incarceration, not to exceed six months in jail, per
convicted offense. The sheriff and/or prosecutor shall investigate and enforce
misdemeanor violations.
3.8.3.1. Separate Violation May Exist: A separate violation may be deemed to occur each day an adjudicated misdemeanor violation continues to exist, beginning on the initial date of notification or date of acknowledgement of receipt of notice, whichever is later.
3.8.3.2.
Abatement of Misdemeanor: In the event an adjudicated misdemeanor
violation is not sufficient to bring about compliance with the provisions of
this ordinance, the county may take legal action to abate the infraction and
to establish a tax lien against the property equal to the actual cost of
abatement. In such event, Boundary County may take legal action necessary to
gain ownership interest and/or title to assets for which ownership must be
transferred so as to effect abatement, and shall dispose of those assets as
prescribed by Idaho Code, with funds derived to accrue to the lien.
3.8.4.
Injunctive Action: In addition to the violations and penalties
established above, the prosecutor Boundary County may take whatever
action deemed necessary and appropriate to restrain, enjoin or estop any
violation of this ordinance in accord with the laws of the State of Idaho.
3.9. Voluntary Compliance Encouraged: It is the policy of Boundary County to encourage and promote voluntary compliance with this ordinance and to promote education and awareness rather than immediate imposition of enforcement action or penalty. Except where public health or safety is threatened, as determined by the board or the Boundary County Sheriff, attempt shall be made by the administrator to bring about voluntary compliance prior to wielding enforcement power.
3.10.
Reporting Violations: If any person has complaint or cause to believe
that a violation of this ordinance has occurred or is being established, that
person shall may notify the administrator, providing the nature of
the complaint and information sufficient to enable accurate identification of
the parcel or lot upon which the violation is alleged. A citizen may also make
complaint directly to the sheriff or prosecutor, and nothing in this
provision shall preclude the sheriff from investigating or taking action deemed
appropriate to the allegation, which may include referring the complaint to the
administrator. If investigation or enforcement action is initiated by the
sheriff, the following provisions of this section shall not apply.
3.11.
Processing Complaints: Upon receipt of complaint or allegation of
violation, the administrator shall interpret the provisions of this ordinance as
regard the specifics of the complaint so as to determine whether reasonable
cause exists to warrant further action, with written record maintained. If the
administrator believes a violation might exist or is about to be established, a
letter shall be sent the owner of record of the parcel or lot by first class
mail informing them of the potential violation and methods available by which to
avoid violation. If the administrator has reasonable cause to believe that a
violation of this ordinance does exist or if there is not response to an initial
letter within a reasonable time defined in that letter ten (10) days
of the date mailed, the administrator shall issue notice of violation to the
owner of record of the property upon which the violation(s) has been alleged to
have occurred.
3.12.
Notice of Violation: Notice of Violation will be sent the owner of
record by registered certified mail, return receipt requested, and
will include the provisions of this ordinance alleged to have been violated, the
type of violation, and actions, if available, the property owner may take to
remedy the violation. When an administrative violation is alleged, notice
shall include information on the appeals process. The property owner will be
provided at least ten (10) working days from date of acknowledgement of receipt
in which to respond. In responding, the property owner may:
3.12.1. Admit: Admit to the violation and define actions to be taken to bring about compliance, to include a reasonable period of time for such action to be initiated and completed. If the violation is an infraction or misdemeanor, such admission shall not constitute a confession or plea of guilt, though it may be used as evidence should further prosecutorial action be necessary to bring about compliance.
3.12.2. Deny: Deny or refute the allegation and provide information and/or documentation in support of denial. In this event, the administrator shall determine, based on the evidence presented, whether there is probable cause to believe a violation has occurred, preparing written findings to support the determination. Those findings shall be provided the property owner and, if requested, the complainant. Should the finding conclude that probable cause exists, the administrator shall turn the record of complaint over to the prosecutor for further enforcement action.
3.12.3. Failure to Respond to Notice of Violation: In the event a property owner does not accept notice of violation or refuses to respond, the administrator shall forward the record of complaint to the prosecutor for further enforcement action.
4. ZONE DISTRICTS, GENERAL
4.1. Establishment of Zone Districts: Pursuant to the Boundary County Comprehensive Plan, there are hereby established the following zone districts within Boundary County, Idaho:
4.1.1. Prime Forestry
4.1.2. Prime Agriculture
4.1.3. Agriculture/Forestry
4.1.4. Rural Residential
4.1.5. Suburban
4.1.6. Residential
4.1.7. Rural Community/Commercial
4.1.8. Commercial/Light Industrial
4.1.9. Industrial
4.1.10. Restricted
4.2. Types of Use Defined: For the purpose of administration, the following types of use are established and defined:
4.2.1.
Use by Right: A use of land for which no permit is required by this
ordinance and which may be established at the will of the property owner. A
use by right will not alter a categorization established for county assessment
purposes, and cannot be assigned a physical address. Establishment of a use by
right may require other agency permits or consideration prior to establishment,
for which the developer is responsible.
4.2.2.
Permitted Use: A use of land that may be established following
approval by the administrator, evidence by issuance of the applicable permit.
A permitted use may establish or amend a categorization established for
assessment purposes, and may require assignment of a single physical address on
an existing road, but shall not require the establishment or naming of a road.
Except where specifically established as a condition of approval, the
administrator shall advise the applicant of additional known agency applications
or approvals which may be required, and it shall be the responsibility of the
developer to obtain these and any other permits required specific to the use.
4.2.3.
Conditional Use: A use of land that may be established following at
least one public hearing and approval by the commission, as evidenced by
issuance of a conditional use permit, which may be subject to terms and
conditions. A conditional use will likely establish or amend a categorization
established for assessment purposes, and will likely require assignment of one
or more physical addresses and/or the establishment or naming of a road.
4.2.4.
Special Use: A use of land that may be established following public
hearing before the commission, which shall forward recommendation, and second
public hearing and final approval by the board, as evidenced by issuance of a
special use permit, which may be subject to terms and conditions. A
conditional use will likely establish or amend a categorization established for
assessment purposes, and will likely require assignment of one or more physical
addresses and/or the establishment or naming of a road.
4.2.5.
Special Event/Temporary Use: Uses or events of limited duration or
occurring on a regularly recurring schedule which could otherwise be prohibited
within a zone district but which can be anticipated, planned for and conducted
with sufficient safeguards as to protect public health, welfare and safety,
following public hearing before the board of county commissioners. A
special event/temporary use may establish or amend a categorization established
for assessment purposes, but shall not require the assignment of a physical
address.
4.2.6. Subdivision: The division of any existing parcel or lot into two or more smaller parcels or lots.
Questions were raised regarding Section 3.1; to wit, should the reference to the Kootenai Tribe include all tribal lands or be limited solely to the Tribal Mission. The question was referred to counsel.
Concerns were raised over Section 3.8.1, in that as written the section did not accomplish its intended goal. Staff was directed to reword the section and submit proposed amendment to counsel for review.
It was agreed to include in Sections 3.8.2 and 3.8.3 those violations constituting infractions and misdemeanors.
Based on recommendation by P&Z member Matt Cossalman, it was agreed to make full reference in each instance to “county commissioners,” and “planning and zoning commission” throughout the document so as to maintain clarity.
The special meeting adjourned at 8 p.m.