CHAPTER 5: ZONE DISTRICTS, GENERAL
Section 1: Establishment of Zone Districts: There are hereby created the following official zone districts within Boundary County, Idaho:
C. Rural Residential
E. Rural Community/Commercial
G. Flood Plain Overlay
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Section 2: Adoption of Official Zoning Map:
A. All lands lying within the boundaries of Boundary County, Idaho, and which lie outside the boundaries of incorporated cities situated within Boundary County, are hereby designated as lying within an official zone district as depicted on the official zoning map of Boundary County. Said map, and all explanatory information shown thereon, is hereby adopted and incorporated into and as part of this ordinance. The official zoning map will bear the dated signature of the chair of the board of county commissioners and shall be maintained in the Boundary County Planning and Zoning Office, available for public review and inspection during regular business hours. The official zoning map will be the final authority as to the current zoning status of lands within Boundary County.
B. If, in accordance with the provisions of this ordinance, changes are made to zone district boundaries, such change will be entered upon the official zoning map promptly after the ordinance creating the amendment or change has been approved by the board of county commissioners. No change in zone district boundaries will be effective until such change has been entered on the official zoning map.
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Section 3: Replacement of Official Zoning Map:
A. Should the official zoning map become lost, damaged, destroyed or difficult to use, a new official zoning map may be adopted by the board. Such replacement shall not serve to alter the actual boundaries of any zoning district, though previous maps may be corrected.
B. Where the scale of the official zoning map is insufficient to conveniently depict zone district boundaries, the board may adopt, by resolution, supplemental maps for specific areas within Boundary County. Such supplemental maps will become the official zoning map for that area, and must bear the dated signature of the chair of the board of county commissioners.
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Section 4: Uncertainty of Zone District Boundaries: Where uncertainty exists as to the boundaries of any zone depicted on the official zoning map, the following rules to determine exact position will apply:
A. Where such boundaries are indicated as approximately following the center line of streets, alleys, highways or railroad rights of way or along a lot line, such center lines or lot lines will be construed to be such boundaries.
B. In the case of unplatted property or where a zone district boundary divides a parcel, the location shall be determined by use of the scale appearing on the official zoning map, unless otherwise noted on the zoning map.
C. Upon vacation of any road, alley or right of way, the zone district applicable to abutting property will apply to the centerline of such vacated road, alley or right of way.
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Section 5: Zoning Certificate Requirements:
A. In all zone districts within Boundary County, a zoning certificate shall be obtained from the zoning administrator prior to the start of construction or placement of any structure intended for residential use or intended to be accessible by the general public; and prior to any construction which would enlarge an existing residential or commercial structure or would convert a non-residential or non-commercial structure for residential or public use. Exception is made for mobile or modular homes being placed in any lawfully existing mobile home park.
B. Zoning certificates shall be deemed to belong to the applicant and shall not be transferable should ownership of the parcel on which the structure is intended change prior to the onset of construction. Onset of construction shall be evidenced by the establishment of the foundation or alternate supporting structure of the building for which the zoning certificate was issued. If construction has not commenced within one (1) year following the issue date of the zoning certificate, the zoning certificate shall be deemed to expire.
C. Owners of structures intended for use as single-family residences are required to obtain a residential zoning certificate prior to construction or placement. This application will be made on forms supplied by the zoning administrator during regular business hours, and will be accompanied by fees established at Chapter 17 of this ordinance. The application will include the applicant's name, address and telephone number, the property owner's name and address, if different, a legal description of the property, to include the tax number assigned by the Boundary County Assessor, a deed showing ownership of the property, the size of the parcel in acres, and a site plan sufficient to show the distances, in feet, of the proposed structure from property lines. If access is to be gained by a new private drive connecting to an existing Boundary County road, street or highway, an access permit from county road and bridge shall also be required.
D. Owners of any structure intended for use by the general public, including but not limited to multi-family residences, businesses, schools, churches and meeting halls, shall be required to obtain a commercial zoning certificate prior to the onset of construction, and shall submit a commercial/industrial site plan as established at Section 6 of this chapter.
E. The zoning administrator may request additional information as deemed necessary to ensure compliance with provisions of this ordinance.
F. The zoning administrator will examine each application submitted in order to determine compliance with the provisions of this ordinance. If the application is complete and meets the standards set forth herein, a zoning certificate shall be issued within three (3) working days of receipt of the application. If the application is incomplete or does not meet the requirements established herein, the applicant will be notified within three (3) working days and informed of remedies available which could be used to bring about compliance. If requested by the applicant, the zoning administrator shall provide, in writing, the specific provisions of this ordinance which would be violated by the application and specific remedies available. If no
certificate is issued or notice of denial made, the applicant may, after ten (10) days from submission of application, demand an immediate decision or issuance of a zoning certificate.
(ADDED SEPTEMBER 2003)
G. No person, firm or corporation, public or private, shall install a public utility for new construction, permanent or temporary, until and unless the applicant has been notified by the utility, in writing, that a Boundary County Zoning Certificate is required.
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Section 6: Commercial/Industrial Site Plan Requirements:
A. Commercial or industrial use of property established under the provisions of this ordinance, whether such use is defined as a permitted use, conditional use or special use, shall be developed in accordance with an approved site plan as set forth herein. Applications for a site plan review shall be submitted to the zoning administrator and shall include the following information:
1. Drawings and maps of structures in a scale sufficient to clearly depict the location of property lines, existing and proposed structures, ingress and egress routes, parking areas and outdoor storage and holding areas.
2. A written description of the proposed use, including the type activity to be conducted, hours of operation, and other information pertinent to the proposed use.
3. Estimated volume of traffic in vehicle trips per day expected to be generated as a result of the proposed use.
4. A description of landscaping and screening planned for the site.
5. An analysis of the type and volume of solid waste expected to be generated by any industrial use.
6. A valid permit, if required, from Boundary County Road and Bridge and/or the Idaho Transportation Department authorizing connection to existing roads, streets or highways.
B. Upon receipt of a complete application, the zoning administrator will schedule the site plan review on the next available planning and zoning commission meeting agenda.
C. The commission shall review the site plan to ensure that standards of this ordinance are met and that the activity proposed will have minimal off-site impact or that measures are planned to sufficiently mitigate such impact.
D. Upon completion of review, the commission may approve the site plan as submitted, approve the site plan with modifications or disapprove the site plan with recommendations as to steps which may be taken to obtain approval.
E. Upon approval of a commercial/industrial site plan review, the zoning administrator shall process applications for zoning certificates required by this chapter.
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Section 7: Public Service Facilities (ADDED BY AMENDMENT, DECEMBER, 2001)
A. Public service facilities established under the provisions of this ordinance, whether defined as a permitted use, conditional use or special use, shall be developed in accordance with an approved site plan. Public service facilities shall include but not be limited to fire stations, ambulance stations, public schools, not-for-profit community recreation facilities and other like structures designed specifically to improve the infrastructure of Boundary County or to provide for public safety. The Planning and Zoning Commission shall be the arbiter should a question arise as to whether a specific structure constitutes a public service facility.
B. Approved public service facilities shall be exempt from minimum lot size requirements in the zone district in which they are established, provided such lot is not less than one-quarter (1/4) acre in size. All other provisions of this ordinance shall apply.
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Section 8: Wireless Communication Facilities (ADDED BY AMENDMENT, DECEMBER, 2001)
A. Wireless communication facilities are hereby defined for the purpose of this ordinance as any facility designed and used for transmitting, receiving or relaying voice and/or data signals, including the siting area(s), structures, transmission towers and antennas. Building-mounted communication structures less than twenty (20) feet in height or communications structures less than forty (40) feet above natural ground level are not included in this definition.
B. Maximum allowable tower height, including antennas, is two-hundred (200) feet. The County may impose more strict height limitations based on tower location and topography. All wireless communications facilities shall be developed in accordance with the provisions of this section and an approved site plan. Site plans shall include a photo simulation, to include elevations, of the proposed facility from selected properties and public rights of way as requested by the zoning administrator.
C. Approved wireless communications facilities shall be exempt from minimum lot size requirements in the zone district in which they are established, provided the outside perimeter of any tower not be closer to any public road or property line than a distance equal to the actual height of the tower plus fifty (50) feet. Facilities accessory to the tower, including buildings and guy wires or other tower supports, shall meet the setback requirements established for the zone district in which the wireless communications facility is to be built.
D. Prior to the onset of construction, developers of wireless communications facilities shall provide written certification that tower(s) meet standards established by the Telecommunications Industry Association/Electronic Industry Association (TIA/EIA) current at the time application is made, and shall also provide written certification that the tower meets all siting, operational, construction and lighting standards established by the Federal Aviation Administration to the Planning and Zoning Commission for final approval.
E. Wireless communications facilities shall be constructed so as to best blend in with the surrounding environment, and only such tower lighting as required by the Federal Aviation Administration shall be allowed. FAA lighting requirements shall be met in the least obtrusive manner possible. Such lighting shall be shielded from ground observation to the maximum extent possible, and, where allowed by the FAA, night-time lighting shall be steady-burning aviation red. If flashing lights are required, reduced-intensity lighting shall be used for night-time operation. If tower lighting is required, a lighting plan approved by the FAA shall be submitted as part of the application. Security lighting for the siting area shall be permitted, provided such lighting is appropriately directed downward and shielded to prevent glare beyond the site boundaries.
F. Wireless communications facilities shall be constructed to accommodate and provide for collocation, which is the placement of more than one (1) dish, aerial or antenna on towers and/or structures, by a minimum of three (3) other users or providers. The addition of more than one dish, aerial or antenna shall be an accessory use by right on an approved wireless communication facility provided such dish, aerial or antenna does not increase the overall height of the tower. A signed agreement stating the applicant's willingness to allow collocation on the proposed tower and a statement stipulating all future owners or operators will abide by the agreement shall be included with the application. Towers sixty (60) feet in height or less are exempt from the provisions of this paragraph.
G. No new wireless communication facility shall be built within a two (2) mile radius of an existing wireless communication facility unless the applicant provides proof from the owner of the existing facility that no space is available.
H. Applications for wireless communications facilities shall include a radio frequency coverage plan and map, and an outline of future coverage area expansion plans within Boundary County.
I. Wireless communications facilities shall be surrounded by a secure, lockable fence not less than six (6) feet in height.
J. Wireless communications facilities shall not be used for signage except as required for safety purposes.
K. If any antenna or tower is not operated for a continuous period of one (1) year, it shall be considered abandoned. The owner of such antenna or tower, or the owner of the property upon which it is situated, shall remove the same within ninety (90) days. If such antenna or tower is not removed within said ninety (90) days, the County may, at the property owner's expense, remove the antenna or tower and file a lien on the subject property for expenses incurred in removal. If the County is compelled to seek judicial authority to undertake such removal, the reasonable costs and attorneys fees incurred by the County in the course of so doing shall constitute a charge against the owner.
L. Waivers of specific provisions of this section may be considered as a variance. Such variance applications shall be submitted concurrently with the appropriate application for establishing a wireless communications facility, and shall provide sound technical reasoning, verified by a qualified, independent engineer, as to why such waiver is necessary.
M. In case of a conflict with other legal requirements, the most restrictive shall apply to the extent that such requirements do not conflict with the 1996 Telecommunications Act.
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