MINUTES
Special Meeting County Commissioners and Planning and Zoning Commission Workshop
July 7, 2009
Members Present: Walt Kirby, Dan Dinning, Ron Smith, Matt Cossalman, Steve Shelman, Jan Christenson. Members Absent: Henry McMahon, Matt Morgan, Doug Reoch, Jake Negley, Bruce Behrman, Rod Barcklay. Staff Present: Phil Robinson, Louis Marshall, Mike Weland.
Smith called the meeting to order at 6 p.m. and discussion was held on Section 4. The section was amended as follows:
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.
4.3. 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 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 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 District Boundary Amendments to Become Effective: Amendments to the zone district boundaries, pursuant to the provisions herein, shall be go into effect October 1 and April 1 each year, with all amendments approved by ordinance prior to September 15 and March 15 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 section line or quarter section line, the boundary shall be determined by survey.
4.5.5. 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.
Discussion was held on Section 5, the following amendments were made:
ZONE DISTRICT SPECIFICATIONS
5.1. PRIME FORESTRY
5.1.1.
Objective: To retain the diversity of those large, sparsely developed
tracts of primarily forested land; to engender their continued productivity and
to retain accessibility to the natural resources these lands provide by
promoting compatible and complementary land uses. To preserve the vital
resources these lands provide, including timber, mineral resources, grazing,
recreation, and critical watersheds, wildlife habitat and scenic beauty
by discouraging fragmentation and over-development. While development may be
possible within these lands, in most cases such development will be hampered by
lack of adequate public services and by generally steep slopes. It is the
objective of this zone district to preserve these lands as open for
multiple use timberland to the extent possible.
5.1.2. Standard Net Residential Density: One hundred sixty (160) acres per primary structure.
5.1.3. 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.
5.1.4. Uses by Right:
5.1.4.1.All activities specifically approved by the U.S. Forest Service or the State of Idaho, to include; but not be limited to:
5.1.4.1.1.
Forestry cultivation and harvest. to include construction of roads
built pursuant to the Idaho Forest Practices Act.
5.1.4.1.2. Mining activities.
5.1.4.1.3. Livestock grazing and production.
5.1.4.1.4. Agricultural production and harvest.
5.1.4.1.5.
Outdoor private recreational areas, motorized and
non-motorized trails and associated interpretive signage.
5.1.4.1.6. Stables, fences and livestock enclosures.
5.1.4.1.7. Barns and other similar structures used for agriculture or forestry.
5.1.4.1.8. Greenhouses, grain and silage storage structures.
5.1.4.1.9.
One (1) Backcountry cabins, camp huts or and
similar seasonal recreational structure on a single conforming parcel or lot,
or on a parcel of record.
5.1.4.1.10. Water resource development.
5.1.5. Permitted Uses:
5.1.5.1.Wholesale
greenhouses, nursery structures and agricultural structures exceeding
twenty-five (25) feet in overall height, when within the airport overlay.
5.1.5.2.One (1) single-family primary residential structure and associated residential accessory structures on a single conforming parcel or lot, or on a parcel of record.
5.1.5.3.Construction
of roads to accommodate residential, conditional or special uses.
5.1.5.4.Home-based businesses.
5.1.5.5.Barns
and other similar structures used for agriculture or forestry and exceeding
twenty-five (25) feet in height from ground to peak when within the airport
overlay.
5.1.5.6.Greenhouses,
grain and silage storage structures exceeding twenty five (25) feet in height
from ground to peak when within the airport overlay.
5.1.5.7.Improved
park facilities.
5.1.5.8.Water
channeling and impoundment improvements and flood control structures.
5.1.6.
Conditional Uses:
5.1.6.1.Public
service and wireless communication facilities.
5.1.6.2.Outdoor
public recreational areas, non-motorized trails and associated
interpretive signage.
5.1.6.3.Retail
greenhouses and nurseries.
5.1.6.4.Retail
or service enterprises with the primary structure not exceeding 2,500 square
feet of surface area, catering specifically to outdoor recreation or
silviculture.
5.1.6.5.Multiple
backcountry cabins, camp huts or other improved seasonal outdoor recreational
structures, not to exceed five (5) four-occupant units per twenty (20) acres.
5.1.6.6.More
than one (1) primary residential structure and associated residential accessory
structures on a single conforming parcel or lot, or on a parcel of record,
provided standard net density requirements are met.
5.1.6.7.Wildlife
rescue and recovery facilities.
5.1.6.8.Churches.
5.1.7.
Special Uses:
5.1.7.1.Retail
or service enterprises with the primary structure exceeding 2,500 square feet of
surface area, catering specifically to outdoor recreation or silviculture.
5.1.7.2.Industrial
enterprises with primary structures or area of use not exceeding 5,000
square feet of surface area nor exceeding 50 feet in height from ground to
peak engaged in the direct conversion of trees or other natural forest
growth into a manufactured product.
5.1.7.3.Wilderness
schools or retreats.
5.1.7.4.Surface
and subsurface mines and quarries.
5.1.7.5.Backcountry
lodges or inns catering to outdoor recreation.
5.1.7.6.Any
use not previously specified in this section and not specifically prohibited at
5.1.8, below, and which fits the description and objective of the prime forestry
zone district.
5.1.8.
Prohibited Uses:
5.1.8.1.Retail
or services enterprises not catering specifically to wilderness recreation or
silviculture.
5.1.8.2.Industrial
enterprises exceeding 5,000 square feet of surface area or area of use or 50
feet in height from ground to peak and not engaged in the direct conversion of
trees or other natural forest growth into a manufactured product.
5.1.8.3.Multi-family
residences, mobile home parks.
5.1.8.4.Junk
yards.
5.1.8.5.Off-premise
commercial signage.
5.1.8.6.Septage
farms.
5.1.8.7.Hospitality
establishments not catering specifically to outdoor recreation.
The meeting adjourned at 8 pm.