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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.Uses Not Regulated by Boundary County: 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.Uses Requiring a County Permit: 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
4.4.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.
Section
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