MINUTES

SPECIAL MEETING: Board of County Commissioners and Planning & Zoning Commission; March 31, 2009

Members Present: County Commissioners Ron Smith, Dan Dinning, Walt Kirby. Planning and Zoning Commission members Bruce Behrman, Doug Reoch, Rod Barcklay, Matt Cossalman, Jake Negley. Members absent: Jan Christenson, Matt Morgan, Henry McMahon. Staff Present: Phil Robinson, Lewis Marshall, Mike Weland.

Smith opened the meeting to continue review of the proposed Boundary County Zoning and Subdivision Ordinance. Members reviewed the amended drafts of Sections 1 and 2 and made the following changes:

Section 3:

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 trust lands of the Kootenai Tribe of Idaho situated within Boundary County, Idaho.

Violations and Penalties

3.9.1. 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.

Infractions: (Add to list) Failure to file simple subdivision (13.15.1)

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 – 160 acres

4.1.2.    Prime Agriculture – 10 acres

4.1.3.    Agriculture/Forestry – 10 acres

4.1.4.    Rural Residential – 5 acres

4.1.5.    Suburban – Variable 1 acre to 2 ½ acres

4.1.6.    Residential – Variable ¼ acre to 2 ½ acres

4.1.7.    Rural Community/Commercial – Variable ¼ acre to 2 ½ acres

4.1.8.    Commercial/Light Industrial – Sufficient to proposed use

4.1.9.    Industrial – Sufficient to proposed use

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.

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.

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.

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.

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.

4.2.6.    Subdivision[BC1] : The division of any existing parcel or lot into two or more smaller parcels or lots.

4.2.7.    Prohibited[BC2]  Use: A use considered incompatible within a zone district and shall not be allowed consideration except as a special event or temporary use.

4.3.   Establishment of Overlays: There are hereby established the following overlays, which shall not affect the underlying zone district designation, but shall impose additional considerations, requirements and restrictions on uses established within each zone:

4.3.1.    Flood Plain Overlay

4.3.2.    Airport Overlay

4.3.3.    Wetland Overlay

4.3.4.    Critical[BC3]  Habitat Overlay

4.4.   Adoption of the Zone District Map

4.4.1.    Lands Affected: All lands lying within the boundaries of Boundary County, Idaho, which lie outside the boundaries of incorporated cities and tribal headquarters 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, which is hereby adopted by reference and declared part of this ordinance.

4.4.2.    Creation/Amendment of the Zone District Map: The Zone District Map shall be electronically generated and maintained by the Boundary County GIS Mapping Department so as to accurately define natural features such as rivers and streams; section and quarter section lines; placement of state and county roads; boundaries of municipal, governmental and tribal entities not subject to this ordinance as established at Section 4.4.1; 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 shall only be amended by the GIS Department.

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

4.4.4.    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, rivers and streams, section lines and named or numbered state and county roads, scale and legend, and bearing the signatures of the members of the board, shall be displayed in the 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, shall be posted on the county website, available for unrestricted access.

4.4.5.    Zone[BC4]  District Boundary Amendments to Become Effective: Amendments to the zone district boundaries, pursuant to the provisions herein, shall be published and go into effect October 1 and April 1 each year, with all amendments approved by ordinance prior to September 15 and March   preceding these dates to be mapped by the GIS Mapping Department. A printed map shall be generated, bearing all information required at Section 4.4.2, plus annotation of the ordinance number(s) which affect the amendment.

4.5.   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 shall apply:

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

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

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

4.5.4.    Where a zone district boundary follows a topographical contour, the boundary shall be determined by a surveyor as being the point or line where the rise in slope reaches fifteen (15) degrees.

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

4.5.6.    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 GIS Mapping Department, Board of County Commissioners, unless the uncertainty exists due to mistake or error by Boundary County[BC5] .

Discussion was held on Section 4.3.4. Critical Habitat Overlay as to whether to retain that overlay as part of the ordinance. Concern was raised that such an overlay could preclude any type development; counter argument was made that having these areas clearly defined, as provided by appropriate authority, could reduce Staff was directed to obtain the overlay map for review at the next meeting prior to rendering a decision.

Discussion was held of establishing a site development permit (Section 12.1) as a permitted use, which would require obtaining a permit before all but specifically exempted earth moving activities took place, which, as proposed would be a misdemeanor for offense. Consideration was given to eliminating it as an offense and to whether such permit was required. It was agreed by commission vote of two to one to retain the penalty and the section subject to public review.

Discussion was held of establishing a “Liberty” zone, in which most restrictions would be eliminated on specific properties on application by the owners and with unanimous agreement of adjoining property owners. Staff stated that it would be possible to establish and define such a zone, but any amendment to the zone map would require public hearing pursuant to Idaho Code. He stated that the proposed zone most similar to that proposed was the rural community/commercial zone, which allowed both residential and commercial uses, for which a property owner could apply. No action was taken.

The meeting adjourned at 8 p.m.