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COMMENTS? Current Zoning & Subdivision Ordinance
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7. ZONE MAP OVERLAYS 7.1. Flood Overlay 7.1.1. Purpose: The purpose of the Flood Overlay Zone is to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas in a manner designed to protect human life and health, to minimize expenditure of public funds for flood control projects, to minimize the need for rescue and relief operations resultant from flood events, to minimize damage to public facilities and to assure the availability of flood insurance through compliance with Federal Emergency Management Agency flood management regulations. 7.1.2. Basis for Establishment: The areas of special flood hazard shall be identified by the Federal Insurance Administration entitled “Flood Insurance Study for the Unincorporated Areas of Boundary County,” dated August 2, 1982, and any revisions thereto, with accompanying Flood Insurance Maps, and any revisions thereto, as maintained by the office of planning and zoning, which are hereby adopted by reference and declared to be a part of this ordinance. 7.1.3. Applicability: The provisions established within this section do not abrogate any other provision of this ordinance but add additional restrictions and requirements in all areas of special flood hazard within the unincorporated areas of Boundary County, as identified on the Boundary County Flood Insurance Rate Map (FIRM), which lie in those areas with flood zone designations that include the letter “A.” No development shall hereafter occur within these areas without compliance with all development and subdivision provisions established herein. 7.1.4. Disclaimer of Liability: The provisions of this section are considered reasonable for regulatory purposes based on scientific and engineering considerations. Large floods have and will occur, and the provisions in this section do not imply that compliance will protect against flood damage or that the potential for flood damage exists solely within the areas defined. This section shall not create liability on the part of Boundary County, Idaho, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on the provisions of this section or on any administrative decision lawfully made hereunder. 7.1.5. Penalties for Noncompliance: Violations of provisions of this section shall be deemed misdemeanors, and may be deemed cumulative with violations of other provisions established by this ordinance in its entirety. In the event development occurs on private property in violation of this section and enforcement action fails to remedy the violation, the National Flood Insurance Program shall be so notified, in writing, so as to retain flood insurance benefits to the remainder of citizens of Boundary County. 7.1.6. Administration: 7.1.6.1. The Boundary County Zoning Administrator is hereby designated flood plain administrator for the unincorporated lands of Boundary County and shall have primary responsibility for ensuring compliance with the provisions established herein and for initiating enforcement action for violations. 7.1.6.2. Prior to the onset of development or construction, a development permit application shall be obtained from the zoning administrator, which shall be used to identify the FIRM flood zone designation in the area in which the development is proposed. Where development is proposed in a flood zone designation A, the following provisions shall apply in addition to other requirements. 7.1.7. Base Flood Elevation: 7.1.7.1. Where base flood elevation has been determined through FIRM, data contained in the National Flood Insurance Program Flood Boundary and Floodway maps, dated August 2, 1982, and as revised, shall be used to determine base flood elevation. 7.1.7.2. Where the base flood elevation in an A Zone have not been determined through FIRM, it shall be the applicant’s responsibility to engage a professional engineer or licensed surveyor to establish the base flood elevation at the location where development is proposed through hydrological and hydraulic study; or to provide base flood elevation and floodway data from a Federal, State or other source so as to establish a reasonable elevation sufficient to protect against flood damage to be used as the base flood elevation, following procedures established in FEMA 265/July 1995, “Managing Floodplain Development in Approximate Zone A Areas: A Guide for Obtaining and Developing Base (100-Year) Flood Elevations.” (http://www.fema.gov/pdf/fhm/frm_zna.pdf). 7.1.8. Provisions for Flood Hazard Reduction: In all areas of special flood hazard, the following standards are required and shall be depicted on or included with the development permit application: 7.1.8.1. Anchoring: All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure, to include mobile and manufactured homes, which shall be installed so as to minimize flood damage. 7.1.8.2. Drainage: Adequate storm and flood water drainage paths are required so as to direct storm and flood water around and away from proposed structures and to preclude increasing flood or runoff damage on adjacent lots or parcels. 7.1.8.3. Construction Materials and Methods: All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage, using methods and practices that minimize flood damage. Electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be designed and/or elevated or located so as to prevent water from entering or accumulating within the components during flood events. 7.1.8.4. Utilities, Water: All new and replacement water supply systems shall be designed to minimize or eliminate the infiltration of flood waters into the system. 7.1.8.5. Utilities, Sanitary Sewage: New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the system into flood waters and on-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 7.1.8.6. Subdivisions: When a platted subdivision is proposed within an area of special flood hazard, the design shall be consistent with the need to minimize flood hazard, to include the placement of utilities and facilities such as gas, sewer, electrical and water systems. A storm and flood water runoff plan shall be included so as to depict drainage. Where FIRM base flood elevation is not available, said data shall be generated pursuant to Section 7.1.7.2 prior to final plat approval. 7.1.9. Specific Standards: 7.1.9.1. Floodways: Located within areas of special flood hazard are areas designated as floodways. The floodway is an extremely hazardous area due to the velocity of floodwaters. Within the floodway, encroachment, including fill, new construction, substantial improvement or other development, is prohibited unless and until certification by a registered professional civil engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that encroachment nor development shall result in any increase in flood levels during the base flood discharge (no-rise analysis). All development meeting no-rise provisions shall in addition meet provisions established below. In areas where a regulatory floodway has not been designated, no development shall be permitted unless it is certified by a registered professional civil engineer that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot within any point within Boundary County. 7.1.9.2. Residential Construction: New construction and substantial improvements of any residential structure within an A-designated flood zone shall be certified by a surveyor or engineer to have the lowest floor, including the basement, elevated not less than two (2) feet above the base flood elevation. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement to FEMA standards shall be certified by a registered professional engineer or architect and shall require completion of an Elevation Certificate. This provision may be waived with certification that the lowest floor of the residential structure is built a minimum of three (3) feet above the highest adjacent grade. 7.1.9.3. Non-residential Construction: New construction and substantial improvement of any commercial, industrial or other non-residential structure within an A-designated flood zone shall either have the lowest floor, including basement, elevated at or above the base flood elevation, or shall be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting FEMA standards, and shall require completion of a flood proofing certificate and/or elevation certificate. Non-residential structures that are elevated and not flood proofed must meet the same standards for space below the lowest floor as established at Section 7.1.8, above. 7.1.9.4. Manufactured Homes: All manufactured homes to be placed or substantially improved on sites within an A flood zone shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at least one (1) foot above the base flood elevation and be securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement, certified by completion of an elevation certificate. The chassis of the manufactured home shall be supported by reinforced piers or other foundation elements of at least equivalent strength which are no less than 36-inches in height above grade and securely anchored. 7.1.9.5. Recreational Vehicles: Recreational vehicles placed on sites within an A flood zone shall have no permanently attached additions and be fully licensed and ready for highway use, on its wheels or a jacking system, and attached to the site only by quick-disconnect type utility hookups and security devices; or shall meet the requirements of Section 7.1.8, above, as certified by completed elevation certificate. 7.1.9.6. Critical Facilities: Any permanent facility or structure for which even a slight chance of flooding might be too great to risk, including schools, hospitals, nursing homes, police, fire and emergency response installations, or installations which produce or store hazardous materials or waste are hereby prohibited within any A flood zone. When critical facilities are proposed in B flood zones, they will be flood proofed or constructed with the lowest floor at least three (3) feet above the highest adjacent grade, and certified by completion of a flood proofing certificate and/or elevation certificate. 7.1.10. Amending National Flood Insurance Program Maps: Property owners may request from the administrator FEMA application forms and instructions for seeking to have lots, parcels or development areas removed from the special flood hazard area, or to have base flood elevations or floodway boundaries amended. Upon determination by FEMA and the National Flood Insurance Program, the applicant may provide written proof of the determination to the administrator and initiate or continue the development application process. 7.1.11. Variance and Appeal: Variances and appeals regarding matters pertaining to special flood hazard areas shall be processed and considered as established in Section 13.8: Variance, and Section 15: Mediation and Appeals, but in hearing a variance or appeal involving an area of special flood hazard, the following shall be given additional consideration: 7.1.11.1. The danger that materials may be swept onto other lands to the injury of others. 7.1.11.2. The danger to life and property due to flooding or erosion. 7.1.11.3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the property owner. 7.1.11.4. The importance of the services provided by the proposed development to the community. 7.1.11.5. The necessity to the facility of a waterfront location. 7.1.11.6. The availability of alternative locations not subject to flooding or erosion. 7.1.11.7. The safety of access for normal and emergency traffic during a flood event. 7.1.11.8. The cost of providing governmental services during and after a flood event. 7.1.12. A variance of standards established herein may only be granted when: 7.1.12.1. The applicant shows sufficient cause to require variance; and 7.1.12.2. Failure to grant the variance would result in undue hardship to the applicant; and 7.1.12.3. Granting the variance will not result in increased flood heights or pose a risk to the public safety or result in undue public expense. 7.1.13. In addition to other administrative requirements established, the administrator shall notify the Federal Insurance Administration, in writing, whenever a variance or appeal results in relaxing standards established by this section. 7.2. Airport Overlay: 7.2.1. Purpose: The purpose of the Airport Overlay Zone is to protect the life and property of those using the Boundary County Airport, to protect the life and property of occupants of land within unincorporated areas of Boundary County surrounding the airport which are critical to flight operations, and to protect and preserve the utility of the Boundary County Airport by establishing height restrictions and development standards sufficient to protect air space and land use surrounding the Boundary County Airport. 7.2.2. Basis for Establishment: The airport overlay zones established herein were developed by the Toothman Orton Engineering Firm pursuant to standards established by the Federal Aviation Administration, consisting of two sheets included herein and adopted as part of this ordinance. The provisions of this section shall not abrogate Boundary County Ordinance 2006-02, but shall work in conjunction with that ordinance so as to effectively coordinate the duties and responsibilities of the Office of Planning and Zoning and the Boundary County Airport. 7.2.3. Applicability: The provisions established within this section do not abrogate any other provision of this ordinance but add additional restrictions and requirements in all areas located within the unincorporated areas within the outer dimensions of the airport overlay zone as defined herein, which shall be included on the official electronic zoning map by the GIS mapper. No development shall hereafter occur within the unincorporated areas of the airport overlay zone without compliance with all development and subdivision provisions established herein; and no structure shall be erected, altered or maintained, nor shall any tree or other object of natural growth be allowed to grow to a height in excess of the limits established herein. 7.2.4. Penalties for Noncompliance: Violations of the provisions of this section shall be deemed infractions, with separate penalty accruing each day an adjudicated violation continues to exist unabated. Upon approval by the board, Boundary County reserves the right to remove any tree or object of natural growth from public or private property found to be in violation of this section. 7.2.5. Establishment of Airport Surfaces and Overlay Zones: There are hereby established and defined the following airport overlay zones and surfaces: 7.2.5.1. Runway Surface: That portion of the Boundary County Airport prepared and used for aircraft landing and taking off. For the purpose of this section, the runway surface elevation is 2,331 feet above mean sea level. 7.2.5.2. Primary Surface: A surface centered longitudinally on the runway, extending 250-feet on each side of the runway centerline and extending 200 feet beyond each end of the runway. All structures and uses to be established within the primary surface area shall be accessory to airport operations and approved by the Airport Manager and the Board of County Commissioners, and this ordinance shall establish no additional administrative requirements for said development. 7.2.5.3. Runway Protection Zone: A trapezoidal area off the runway ends starting 200-feet from each end of the runway at a width of 500-feet and extending 1,000-feet to an outer width of 675-feet. All structures and uses to be established within the Runway Protection Zone shall be accessory to airport operations and approved by the Airport Manager, the Federal Aviation Administration and the Board of County Commissioners, and this ordinance shall establish no additional administrative requirements for said development. 7.2.5.4. Approach Zone: That area beneath the approach/departure surface, which is longitudinally centered on the runway centerline and extends outwards and upwards from each end of the primary surface, with the inner edge being the same width as the primary surface (500 feet) expanding uniformly to a width of 3,500 feet off the southern end and 1,500-feet off the northern end. The approach/departure surface extends a horizontal distance of 10,000 feet off the south end of the primary surface at a slope of 34-feet outward for each foot upward, and a horizontal distance of 5,000-feet off the north end of the primary surface at a slope of 20-feet outward for each foot upward. 7.2.5.5. Transitional Zone: That area beneath the transitional surfaces, which are those surfaces that extend outward at 90-degree angles to the runway centerline at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach departure surfaces to the point of intersection with the horizontal and conical surfaces. Transitional surfaces for those portions of the approach/departure surfaces which project through and beyond the limits of the conical surface extend a distance of 10,000 feet measured horizontally from the edge of the approach/departure surface and at a 90-degree angle to the extended runway center line. 7.2.5.6. Horizontal Zone: That area beneath the horizontal surface, which is a horizontal plane 150-feet above the established runway elevation, the perimeter of which is constructed by swinging arcs with a radius of 10,000-feet from the center of each end of the primary surface and connecting the adjacent arcs by lines tangent to those arcs. 7.2.5.7. Conical Zone: That area beneath the conical surface, which is a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet outward for every one foot upward for a distance of 4,000-feet. The conical zone begins at a height of 150-feet and ends at a height of 350 feet. 7.2.5.8.Height Limitation Exception: For all unincorporated areas within the airport overlay zone, no structure, tree or object of natural growth shall penetrate into any airport surface except in those areas outside the approach and transitional zones where the terrain is at higher elevation than the airport runway surface such that existing structures and permitted development do or would penetrate airport surfaces, and where no structure, tree or object of natural growth shall exceed thirty five feet in height above ground surface. 7.2.6. Development Standards: In addition to general development standards and specific development standards established within the underlying zone district, the following development standards shall apply within the unincorporated areas of the Airport Overlay Zone: 7.2.6.1. No use shall be made within the Airport Overlay Zone so as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazard or otherwise in anyway endanger the landing, takeoff or maneuvering of aircraft intending to use the Boundary County Airport. Establishment or alteration of communications facilities or electrical transmission lines within the Airport Overlay Zone shall be coordinated with the Idaho Division of Aeronautics and/or the Federal Aviation Administration. Approval of cellular, radio, or other transmission tower shall be conditioned to require removal within 90-days following expiration of lease agreement, and a performance bond shall be required to guarantee removal. 7.2.6.2. Notification that noise levels within unincorporated areas of the Airport Overlay Zone may exceed 55 decibels shall be attached to any development permit issued. On all subdivisions approved within the unincorporated areas of the Airport Overlay Zone, such notification shall be included on the plat and/or in closing documents, to be signed by the purchaser and recorded with the Boundary County Clerk. 7.2.6.3. No new or expanded development shall project lighting directly onto an existing runway or taxiway or into approach/departure surfaces except where necessary for safe and convenient air travel, as determined by the Airport Manager. Lighting which could project onto airport property shall incorporate shielding to deflect light away from approach/departure surfaces, runways and taxiways. Use of lighting shall not imitate airport lighting or impede the ability of pilots to distinguish between airport lighting and other lighting. 7.2.6.4. No glare-producing material, including but not limited to unpainted metal or reflective glass, shall be used on the exterior of structures located within an approach/departure surface nor on nearby lands where glare could impede a pilot’s vision. 7.2.6.5. No development or use shall, as part of its regular operation, cause emissions of smoke, steam, dust or any other airborne material which could obscure visibility within airport approach/departure surfaces. 7.2.7. Prohibited Uses: 7.2.7.1. Water impoundments within 5,000-feet of the ends or edges of a runway surface. 7.2.7.2. Within the transitional zone: New residential development, public assembly facilities or facilities designed to offer overnight accommodation. 7.2.7.3. Within the horizontal zone: New sanitary landfills, sewage lagoons, septage farms or similar facilities or uses. Expansion of such existing facilities shall require timely notice to the Airport Manager, the Idaho Department of Aeronautics and the Federal Aviation Administration, and must demonstrate that proposed expansion or alteration will not increase the likelihood of bird-aircraft collisions or other hazards to aviation. 7.2.8. Variances: Variances to height restrictions and/or development standards established herein may be considered following the procedures established in Section 13.8: Variances, but shall not be granted unless approved, in writing, by the Airport Manager, the Idaho Division of Aeronautics or the Federal Aviation Administration. 7.2.9. Duties of Administrators: 7.2.9.1. The zoning administrator shall be responsible for assuring compliance with the provisions of the Airport Overlay Zone, and shall issue no development permit required by this ordinance unless the provisions herein are met. 7.2.9.2. The Airport Manager, as appointed by the Board of County Commissioner, shall have preliminary approval authority on all development applications within the unincorporated areas of the Airport Overlay Zone in which a proposed structure lies within the transitional, runway protection or approach zone and/or exceeds thirty-five feet above ground surface, or when the zoning administrator determines that the use has the potential to interfere with airport operations. The Airport Manager shall determine compliance with height limitations and development standards established herein. The Airport Manager may delegate this authority by notifying the zoning administrator of those qualified to represent the airport. The Airport Manager shall also have authority to advise applicants on noise and potential hazards resulting from airport operations and potential impacts these may have on the proposed development. 7.2.10. Administration: 7.2.10.1. Where a structure exceeding 35-feet in height above ground surface is proposed, development applications on lands lying within unincorporated areas of the Airport Overlay Zone shall include a map or drawing of the property in relation to the airport, an elevation profile of the property, and a scale drawing of the proposed development, to include the height of all existing and proposed structures measured in feet above mean sea level. 7.2.10.2. The zoning administrator shall identify development proposed to occur within the airport overlay zone. When the height of any structure proposed within the airport overlay zone exceeds thirty-five feet above ground surface and/or when the proposed development lies in the runway protection, transitional or approach zone, or when the proposed development has potential to cause interference with airport operations as established herein, the zoning administrator shall require the signature of the airport manager verifying compliance with these provisions prior to issuing a development permit or accepting for processing an application subject to public hearing. 7.2.10.3. Upon receipt of an application for development, the Airport Manager shall calculate elevations as established herein specific to the application, using the best available data. Where proposed development meets the provisions established herein, the Airport Manager shall sign the development permit application indicating airport approval, attaching written conditions if applicable. 7.2.10.4. When a permitted development proposal does not meet the provisions established herein, the Airport Manager shall advise the applicant as to reasons for disapproval and methods available, if any, to obtain airport approval or variance. 7.2.10.5. When an application subject to public hearing proposing development in the Airport Overlay Zone is accepted for processing, the Airport Manager will receive public notification of the date and time of the hearing as prescribed in Section 14. The Airport Manager shall notify the Idaho Division of Aeronautics or the Federal Aviation Administration as deemed necessary, and may request reasonable extension of public hearing, not to exceed sixty days, to allow sufficient time for response by submitting such request, in writing, to the zoning administrator at least one week prior to the date of the hearing.
7.3.
7.4. Wetlands/Riparian Area Overlay: 7.4.1. Purpose: To identify wetland areas within Boundary County as identified by the U.S. Army Corps of Engineers so as to facilitate compliance with state and federal requirements for wetland and riparian development, and to establish standards for development adjacent to or around wetlands and riparian areas. 7.4.2. Basis for Establishment: Digital data depicting wetlands shall be provided the GIS Department by the U.S. Army Corps of Engineers or their designee, and shall be adapted for inclusion as a layer on the official electronic Boundary County Zoning Map. Riparian areas shall be depicted on the official electronic Boundary County Zoning Map utilizing the National Hydrography Dataset maintained by the GIS Department. 7.4.3. Applicability: The provisions established within this section do not abrogate any other provision of this ordinance but impose additional requirements and standards in areas located within the unincorporated areas of Boundary County identified as wetlands and in identified riparian areas. No development shall hereafter occur within the unincorporated areas of Boundary County which would affect a wetland or riparian area without compliance with development and subdivision requirements established herein. 7.4.4. Penalties for Noncompliance: Violations of provisions of this section shall be deemed misdemeanors. 7.4.5. Administration: 7.4.5.1. Development, to include fill, dredging or stream course alteration, within identified wetlands and along or around streams, creeks, rivers, lakes and other bodies of surface water are regulated by the U.S. Army Corps of Engineers, the Idaho Department of Water Resources and the Idaho Department of Lands. 7.4.5.2. Prior to the onset of development or construction, a development permit application shall be obtained from the administrator, which shall be used to identify development proposed within 75-feet of an identified wetland, stream, river, lake or other water body. When such development is identified, IDWR Form 3804-B, Joint Application for Permits (available from any office of the above listed agencies or online at http://www.idwr.idaho.gov). No final development permit established by this ordinance shall be issued until both Corps and State permits have been issued or a determination is rendered that such permits are not required. 7.4.6. Specific Development Standards: 7.4.6.1. No permanent structure shall be sited within 75-feet of the normal (yearly average) high water mark or definable bank of any perennial creek, stream or other standing or running body of surface water as identified in the Wetland/Riparian Overlay unless state and federal permits authorizing proposed structure(s) have been issued. 7.4.6.2. No road, skid trail or other access way designed for motorized vehicles shall be built within 75-feet of a defined wetland or the normal (yearly average) high water mark or definable bank of any perennial creek, stream or other standing or running body of surface water unless state and federal permits authorizing proposed roads have been issued. 7.4.6.3. To the greatest extent possible, trees, shrubs, grasses and other natural vegetation shall be retained along riparian areas and surrounding lakes, ponds and other bodies of water so as to maintain shade and aquatic habitat, and soils shall be left undisturbed within 15-feet of a defined wetland or the normal (yearly average) high water mark or definable bank of any perennial creek, stream or other standing or running body of surface water unless state and federal permits authorizing proposed soil disturbance have been issued. |