Zoning Ordinance Development

Commissioners present: Ron Smith, Dan Dinning, Walt Kirby. P&Z Commissioners present: Marcia Cossette, Matt Cosselman, Paul Shelton, Dan Studer. Staff present: Louis Marshall, Phil Robinson, Mike Weland.

Members considered Section 5.2 and made the following amendments:

PRIME AGRICULTURE

5.2.1 Objective: To retain the diversity of Boundary County’s prime agricultural lands, located primarily within the Kootenai River Valley, and to engender the continued production of the resources they provide by promoting land uses that are compatible and complementary to agricultural production and harvest and to discourage continued fragmentation. While these lands may be suited for residential and other types of development, much of this zone lies within Kootenai River flood plain, and it is deemed that retaining these lands as open farmland to the extent possible is necessary and desired. It is recognized that agriculture is prevalent throughout the county, and if you buy next to a hog farm and build a home, you can expect the breeze will be a little less than sweet when it blows your way. Farmers work around the clock, and the dust and noise can certainly disrupt peace and quiet. Because the farms were there first, you'll have no room to complain if you build nearby.

5.2.2 Standard Net Residential Density: Ten (10) acres per primary structure. Parcels as small as 2.5 acres may be granted a variance for residential use if the land is above the flood plan and is not in conflict with the public interest and is sub-optimal for farming for any of the following reasons:

5.2.2.1 Soil quality is poor.
5.2.3 Structure Setbacks: Front yard, 25-feet; Side yard, 20 25-feet; Back yard, 20 25-feet.

5.2.4 Uses not regulated by Boundary County:

5.2.4.1 Agricultural and silvicultural cultivation and harvest.

5.2.4.2 Livestock grazing and production.

5.2.4.3 Stables, fences, corrals and other livestock enclosures.

5.2.4.4 Barns and other livestock housing structures, residential accessory structures.

5.2.4.5 Grain and silage storage structures and wholesale greenhouses.

5.2.4.6 Construction of roads specifically for agricultural and silvicultural cultivation and harvest and single-family residential use.

5.2.4.7 Maintenance of existing dikes and levies.

5.2.4.8 On-site produce stands.

5.2.4.9 Water channeling and impoundment improvements and flood control structures and water resource development.

5.2.4.10 Hangars and aircraft landing strips for aviation ~~not~~ specifically serving agriculture.

5.2.5 Uses requiring a county permit:

5.2.5.1 Establishment of farmsteads, to include agricultural structures and improvements directly associated with farming, ranching or silviculture, to include group or multi-family residential structures specifically for housing seasonal or year-around farm or ranch workers, equipment storage and maintenance structures, barns, silos and like structures on a single conforming parcel or lot or on a parcel of record.

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.
Home-based businesses.
Kennels, animal boarding facilities, riding or equestrian training facilities, veterinary clinics.
Churches and community halls with primary structures not exceeding 2,500 square feet of surface area.
Public service facilities.

Conditional Uses:

5.2.6.1 Concentrated animal feeding operations.

5.2.6.2 Surface mines and quarries.

5.2.6.3 Agricultural processing plants or cooperatives.

5.2.6.4 ~~Public service or~~ wireless communications facilities.

5.2.6.5 Churches and community halls with primary structures exceeding 2,500 square feet.

5.2.6.6 Hangars and aircraft landing strips for aviation not specifically serving agriculture.

5.2.6.7 Recreational, retail and service businesses with primary structures not exceeding 4,000 square feet of surface area.

5.2.6.8 Industrial enterprises with primary structures not exceeding 8,000 square feet of surface area and engaged in the direct conversion of a cultivated resource into a manufactured product.
Special Uses:

5.2.7.1 Retail, recreational and service businesses.

5.2.7.2 Industrial businesses with primary structures exceeding 8,000 square feet of surface area and engaged in the direct conversion of a cultivated resource into a manufactured product.

5.2.7.5 Subsurface and surface mines.

5.2.7.6 Any use not previously specified within this section and not specifically prohibited at 5.2.8, below, and which fits the description and objective of the prime agriculture zone district as established in the comprehensive plan may be considered as a special use.

Prohibited Uses:

5.2.8.1 Septage farms.

~~Hotels, motels.~~

5.2.8.2 Mobile home and RV parks.

5.2.8.3 Commercial junk yards.

5.2.8.4 Off-premise commercial signs.

5.2.8.5 Retail, recreational and service businesses with primary structures exceeding 8,000 square feet of surface area.

5.2.8.6 Industrial enterprises not engaged in the direct conversion of a cultivated resource into a manufactured product.

Members considered section 5.3 and made the following amendments:

5.3 AGRICULTURE/FORESTRY

5.3.1 Objective: To promote the continued productivity of those lands which combine the general attributes of timber and agricultural land by encouraging agriculture and silviculture while allowing an increase in net residential development in a manner that will maintain the rural characteristics of the land in balance with ~~the~~ production, harvest and extraction of natural resources and economic development. ~~While development may be feasible, various uses may be limited by the unavailability of public services and roads.~~

5.3.2 Standard Net Residential Density: Ten (10) acres per primary structure.

5.3.3 Structure Setbacks: Front yard, 25-feet; Side yard: 10 25-feet; Rear yard, 20 25-feet.

5.3.4 Uses not regulated by Boundary County:

5.3.4.1 Agricultural and silvicultural production and harvest.

5.3.4.2 Livestock grazing and production.

5.3.4.3 Stables, fences, corrals and other livestock enclosures.

5.3.4.4 Barns and other livestock housing enclosures ~~not exceeding eighteen (18) feet in overall height above ground surface~~ not within the airport overlay.

5.3.4.5 Grain and silage storage structures, ~~and~~ wholesale greenhouses ~~not exceeding twenty-five (25) feet in overall height above ground surface~~ and residential accessory structures not with the airport overlay.

5.3.4.6 Construction of roads specifically for agricultural and silvicultural cultivation and harvest and single-family residential use.

5.3.4.7 Maintenance of existing dikes and levies.

5.3.4.8 Water channeling and impoundment improvements and flood control structures and water resource development.

5.3.4.9 On-site produce stands.

5.3.5 Uses requiring a county permit:

5.3.5.1 Establishment of farmsteads, to include ~~one (1) primary residential structure and~~ other agricultural structures and improvements directly associated with farming, ranching or silviculture, to include group or multi-family residential structures specifically for housing seasonal or year-around farm or ranch workers, equipment storage and maintenance structures, barns, silos and like structures on a single conforming parcel or lot or on a parcel of record.

5.3.5.2 Retail greenhouses or wholesale greenhouses, silos, barns and other similar agricultural or silvicultural structures ~~exceeding eighteen (18) feet in height above ground surface~~ and residential accessory structures located within the airport overlay.

5.3.5.3 ~~Construction or conversion of roads or driveways for the establishment of residential, conditional or special uses.~~

5.3.5.4 ~~Water channeling and impoundment improvements and flood control structures.~~

5.3.5.5 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.

5.3.5.6 Home based businesses.

5.3.5.7 Kennels, animal boarding facilities, riding or equestrian training facilities, veterinary clinics.

5.3.5.8 Churches and community halls with primary structures not exceeding 2,500 square feet of surface area. (Bonner County establishes that all churches, regardless of size, are conditional uses in all zones except commercial and industrial, where they are permitted uses.)

5.3.5.9 Improved non-motorized park facilities.

5.3.5.10 Public service facilities.

5.3.6 Conditional Uses:

5.3.6.1 Churches and community meeting halls exceeding 2,500 square feet of surface area.

5.3.6.2 ~~Public service and~~ wireless communications facilities.

5.3.6.3 More than one (1) primary single family residential structure and associated residential accessory structures on a single parcel, provided there is sufficient land area to maintain a standard net residential density of ten acres for each primary residential structure.

5.3.6.4 Non-commercial junk yards.

5.3.6.5 Retail or service businesses with primary structures not exceeding 3,500 square feet of surface area catering specifically to outdoor recreation, agriculture or silviculture.

5.3.6.6 Industrial enterprises with primary structures not exceeding 4,000 square feet of surface area and engaged in the direct conversion of a cultivated resource into a manufactured product.

5.3.6.7 Recreational and hospitality enterprises with primary structures not exceeding 4,000 square feet of surface area.

5.3.6.8 Kennels, animal boarding, riding or training facilities; veterinary clinics.

5.3.6.9 Private schools.

5.3.6.10 Concentrated animal feeding operations.

5.3.7 Special Uses:

5.3.7.1 Multiple family residences.

5.3.7.2 Recreational vehicle parks and improved campgrounds.

5.3.7.3 Surface mines and quarries.

5.3.7.4 Retail or service businesses with primary structures not exceeding 10,000 square feet of surface area and catering primarily to outdoor recreation, agriculture or silviculture.

5.3.7.5 Industrial enterprises with primary structures not exceeding 10,000 square feet of surface area and engaged in the direct conversion of a locally-produced natural resource into a finished product.

5.3.7.6 Recreational and hospitality enterprises with primary structures not exceeding 10,000 square feet of surface area.

5.3.7.7 Any use not previously specified within this section and not specifically prohibited at 8.3.8., below, and which fits the description and objective of the agriculture/forestry zone district as established in the comprehensive plan, may be considered as a special use.

5.3.8 Prohibited Uses:

Mobile home parks.
Subsurface mines.
Septage farms.
Commercial junk yards.
Off-premise commercial signs.
Commercial or industrial enterprises with primary structures exceeding 10,000 square feet of surface area.

All progress will be posted on the county website to allow the widest public participation, and updates will continue to be sent by email to those in the Ordinance Development Community.