ORDINANCE 2011-2

AN ORDINANCE OF BOUNDARY COUNTY, IDAHO, AMENDING ORDINANCE NO. 99-06, BOUNDARY COUNTY ZONING AND SUBDIVISION ORDINANCE, TO ESTABLISH GRAVEL PITS AND QUARRIES AS A CONDITIONAL USE IN THE AGRICULTURE/FORESTRY ZONE DISTRICT AND TO DEFINE AN ACCESSORY DWELLING UNIT.

 WHEREAS, Section 67-6511, Idaho Code, does require that governing boards adopt zoning and subdivision ordinances and to establish standards and procedures for the division of property; and

 WHEREAS, the current Boundary County Zoning and Subdivision Ordinance does not conditionally allow gravel pits or quarries as a conditional use in the agriculture/forestry zone district; and

 WHEREAS, this omission deprives the county the ability to consider an essential land use within that zone district; and

 WHEREAS, the Boundary County Zoning and Subdivision does not specifically define an accessory dwelling unit; and

 WHEREAS, this omission has led to unnecessary ambiguity in the interpretation of the ordinance and unnecessary conflict; and

 WHEREAS, the Board of County Commissioners did hold public hearing on application 10-025 on December 7, 2010; and
 NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Boundary, that Chapter 7, Section 1D, Boundary County Zoning and Subdivision Ordinance, be hereby amended to include the phrase, “gravel pits and quarries,” and that Chapter 18 be amended to add the following definition, “Accessory Dwelling Unit: Not more than one structure, not to exceed 950 square feet, where a primary residence exists or is to be built on a single parcel or lot.”

Regularly passed and approved as an Ordinance of Boundary County, Idaho, done this 13th day of December, 2010, upon the following roll call vote:

Chairman Smith: Yes

Commissioner Dinning: Yes

Commissioner Kirby: Yes

     COUNTY OF BOUNDARY
     BOARD OF COUNTY COMMISSIONERS


     /s/
     RON SMITH, CHAIR


     /s/
     DAN DINNING, COMMISSIONER


     /s/
     WALT KIRBY, COMMISSIONER

ATTEST


/s/
GLENDA POSTON
Clerk of the Board of County Commissioners