NOTICE OF PUBLIC HEARING CLEARWATER COUNTY PLANNING AND ZONING COMMISSION MONDAY, APRIL 17, 2023, at 6:00PM

Notice is hereby given that on Monday, April 17, 2023, at 6:00pm a public hearing will be held before the Clearwater County Planning and Zoning Commission in Courtroom 1 located in the Clearwater County Courthouse, 150 Michigan Avenue, Orofino, Idaho, to consider the below action item. The Board of County Commissioners of Clearwater County will hear the Commission’s recommendation and make a final decision on Monday, April 24, 2023, at 11:00am in the Commissioner’s Office located in the Clearwater County Courthouse, 150 Michigan Avenue, Orofino, Idaho.

(ZA20190129) A request by the Clearwater County Planning and Zoning Commission to initiate the repeal of the Clearwater County Subdivision Ordinance #34 (CCSO) and repeal of the Clearwater County Zoning Ordinance #35B (CCZO) and replace them with the Clearwater County Land Use Ordinance by the adoption of an ordinance following the procedures as established is CCSO Article XIII and CCZO Article XIV. The purpose of the request is to update the existing ordinances into one ordinance to be compatible with formatting, remove conflicting definitions and procedures, and retain all provisions that apply to Clearwater County land use regulations for the requirements for zoning, subdividing, variances, waivers, amendments, administration, and enforcement.

Summary of Ordinance:

The Clearwater County Subdivision Ordinance 34 adopted in 1979 and Clearwater County Zoning Ordinance 35B adopted in 2005 have shared components regarding the general provisions, administration, schedule of fees, enforcement, non-conforming uses and structures, definitions, public hearing requirements, board review in cases of public interest, appeals, takings, and mediation, amendments, variances, waivers, and a repeal and effective date. As they stand now, there are conflicts with the formatting and consistency with processes and definitions between the two ordinances. Combining the shared components into the Clearwater County Land Use Ordinance alleviates any conflicts that currently exist.

The Clearwater County Subdivision Ordinance 34 (CCSO) and Clearwater County Zoning Ordinance 35B (CCZO) have individual components regarding the rules for subdividing property and zoning for land use and regulations. The Clearwater County Land Use Ordinance keeps these components individual.

SHARED COMPONENTS:

Article I Scope and Administration

Chapter 101 General Provisions provides the title and purpose of the land use ordinance, within Clearwater County’s jurisdiction. The purpose is to provide for orderly development of property while protecting the health, safety, private property rights and general welfare of citizens, pursuant to the grant of authority under Idaho statute. It further provides for conflict resolution with other ordinances and severability.

Chapter 102 Administration provides for the appointment of a planning and zoning commission and the authority and obligations of said commission, appointment of an administrator and the authority and obligations of an administrator, commission membership criteria, a mechanism for appointment to the commission, and establishing policy for conflicts of interest.

Chapter 103 Schedule of Fees establishes the mechanism for establishing fee schedules.

Chapter 104 Enforcement establishes enforcement authority, identifies the method for filing of a complaint of violation, and creates penalties for a violation to include a misdemeanor criminal offense subject to jail and fines for each day a violation continues. Further, violations are declared public nuisances subject to abatement in accordance with law. All land use provisions permitted by a completed and approved application prior to this ordinance, or which existed before this ordinance, must provide a certificate of compliance within 180 days following notification from the Administrator of the need for the same.

Chapter 105 Nonconforming Uses and Structures defines non-conforming uses, lots, and structures, and establishes the conditions upon which non-conforming uses and structures are allowed to continue following regulation by the passage of this ordinance. Repair and reconstruction of legal non-conforming uses after catastrophic loss is provided for. Further, a non-conforming use is considered discontinued if ceased for certain time periods, and re-institution of said use will be required to be permitted within the terms of the ordinance.

Article II Definitions

Chapter 201 Definitions provides for the interpretations of general terms and establishes terms defined in other codes, how to define terms that are not defined in the ordinance, and the interpretation of specific terms.

Article III Notice and Hearing

Chapter 301 Public Hearings provides the purpose, necessity, public policy, and procedures for conducting public hearings and follow on actions. It establishes the requirements for public notices required by the ordinance and Idaho Code along with an alternative hearing notification option if more than 200 property owners are to be notified. Further, it provides a process for an affected person to request a public hearing if no hearing has been held.

Chapter 302 Board Review in Cases of Compelling Public Interest provides additional procedural options for review which the Board may undertake as set forth in this Chapter. It authorizes the Board of Commissioners, as the governing body of Clearwater County, to overturn any Commission action judged by the Board to stand contrary to the public interest of the citizens of Clearwater County in certain instances, how to initiate review, follow on actions, and the option to seek judicial review.

Chapter 303 Appeals, Takings, and Mediation provides the procedures for any affected person to have the right to appeal any final action taken on behalf of Clearwater County. It includes the process for an administrative appeal, board appeal, and if all remedies have been exhausted, the right to judicial appeal as provided by Idaho Code and the right to a takings analysis which complies with the checklist developed by the Idaho Attorney General. An option and process for mediation is provided in effort to resolve contentious issues specific to an application.

Article VI Amendments

Chapter 601 Amendments provides the authority of amending the ordinance, how to initiate the amendment by an application or a resolution, the procedures to be followed, and the option to resubmit if previously denied.

Article VII Variance

Chapter 701 Variance provides the Commission authorization to vary provisions of the ordinances, the application requirements, what circumstances must be demonstrated to exist to grant a variance, the procedure to granting a variance, and follow on actions.

Article VIII Waiver

Chapter 801 Waiver provides the Board authorization to waive provisions of the ordinances, the application requirements, what circumstances must be demonstrated to exist to grant a waiver, the procedure to granting a waiver, and follow on actions.

Article IX Repeal and Effective Date

Chapter 901 Repeal and Effective Date repeals previous ordinances and provides an effect date for the adoption.

INDIVIDUAL COMPONENTS:

Article IV Subdivision Regulations

Chapter 401 Subdivision Provisions establishes the minimum standards and applicability for the development of land to assist in the implementation of the comprehensive plan and control the character and the quality of development areas outside of cities in effort to provide for integrated and orderly growth within the county along with provisions exempt. Subdivision classifications are identified for what process would have to be followed for a proposed subdivision and a pre-application conference is required to discuss the proposal. Minimum contents for the application designed by the Administrator are established along with an application deadline. Lot sizes must meet zoning requirements, all subdivisions are subject to technical review, and the Board is authorized to require financial guarantee of proposed improvements.

Chapter 402 Design Criteria establishes the applicability to require minimum design standards along with additional jurisdictions having authority for the lots and infrastructure located in the proposed subdivision. Natural hazards are addressed and additional requirements that could apply in these areas.

Chapter 403 Simple Subdivisions provides authorization for utilizing this process, the application requirements, design standards for approval including access, lots, site evaluations, site map/plan, the procedure to grant approval, and follow on actions.

Chapter 404 Minor Subdivisions provides authorization for utilizing this process, the application requirements, design standards for approval including access, lots, site evaluations, site map/plan, the procedure to grant approval, and follow on actions.

Chapter 405 Large Subdivisions provides authorization for utilizing this process, the application requirements, design standards for approval including access, lots, site evaluations and sanitary restrictions required by Idaho Code Title 50 Chapter 13 Section 26, a preliminary plat, the procedure to grant preliminary plat approval, and follow on actions. Once the preliminary plat has had final approval, this chapter provides the standards for final plat map, final plat certifications, the procedure to grant approval including requirements by Idaho Code Chapter 50 Title 12, follow on actions, and requirements for recording.

Chapter 406 Re-Subdivisions provides authorization for utilizing this process, the application requirements, design standards for approval including access, lots, site evaluations and sanitary restrictions required by Idaho Code Title 50 Chapter 13 Section 26, a preliminary plat, the procedure to grant preliminary plat approval, and follow on actions. Once the preliminary plat has had final approval, this chapter provides the standards for final plat map, final plat certifications, the procedure to grant approval including requirements by Idaho Code Chapter 50 Title 12, follow on actions, and requirements for recording.

Chapter 407 Subdivision Boundary Line Adjustment provides authorization for utilizing this process, the application requirements, design standards for approval including access, lots, site evaluations and sanitary restrictions required by Idaho Code Title 50 Chapter 13 Section 26, a record of survey, the procedure to grant approval, follow on actions, and requirements for recording.

Chapter 408 Vacations and Dedications provides the Board authorization to vacate or dedicate a plat or any part thereof, the application requirements, and the procedure for vacation and the procedure for dedication following Idaho Code Chapter 50 Title 13.

Article V Zoning Regulations

Chapter 501 Zoning Provisions establishes zoning districts to classify, regulate, restrict, and segregate the uses of lands and buildings from incompatible uses, to allow uses where public infrastructure is sufficient to support such uses, to regulate and restrict the height, bulk, and construction of buildings, to regulate the dimensions and area of yards and other open spaces around buildings and uses, to implement the policies of the Comprehensive Plan, and to regulate the intensity of land use and the density of residences and be depicted upon the official zoning map of Clearwater County. It provides additional provisions applicable to all properties, uses prohibited in all zones, required off street parking, off street loading, area of city impact agreements, and rules for home burial. Minimum contents for the application designed by the Administrator are established along with an application deadline.

Chapter 502 Agricultural Zones Defined provides an identifier for the zone and categorizes the districts as Agricultural Residential District, zone A-1 and Agricultural Production District, zone A-2. Uses permitted outright, conditionally permitted, and prohibited are listed. Bulk regulations for minimum area, minimum dimensional requirements, setbacks, and maximum height are established along with bulk exceptions.

Chapter 503 Residential Zones Defined provides an identifier for the zone and categorizes the districts as Suburban Residential District, zone R-1, Medium-High Density Residential District, zone R-2, and Rural Residential District, zone R-3. Uses permitted outright, conditionally permitted, and prohibited are listed. Bulk regulations for minimum area, minimum dimensional requirements, setbacks, and maximum height are established along with bulk exceptions.

Chapter 504 Commercial Zones Defined provides an identifier for the zone and categorizes the districts as Light Commercial District, zone C-1 and General Commercial District, zone C-2. Uses permitted outright, conditionally permitted, and prohibited are listed. Bulk regulations for minimum area, minimum dimensional requirements, setbacks, and maximum height are established along with bulk exceptions and additional limitations.

Chapter 505 Industrial Zones Defined provides an identifier for the zone and categorizes the districts as Light Industrial District, zone M-1 and Heavy Industrial District, zone M-2. Uses permitted outright, conditionally permitted, and prohibited are listed. Bulk regulations for minimum area, minimum dimensional requirements, setbacks, and maximum height are established along with bulk exceptions and additional limitations.

Chapter 506 Zoning Map Provisions establishes what the official zoning map is and how it depicts the individual zoning district boundaries that are established in Article V. It provides procedures for adopting and amending the official zoning map, interpretating the boundaries, and reviewing the map periodically.

Chapter 507 Sign Regulations purpose is to protect the safety and orderly development of the community through the regulation of signs and sign structure, for more efficient and expedient property identification by emergency service providers, and establishes what signs are allowed in each zoning district. It establishes Clearwater County as the Authority Having Jurisdiction over all addresses within the unincorporated area of the county. Location of address markers and road signs is provided.

Chapter 508 Conditional Use provides authorization for utilizing this process to allow uses designated as conditional use in a zone to be permitted if the request meets the standards and procedures established. It gives the application requirements and standards for approval for all proposed conditional uses. Further it provides additional requirements that must be met for specific uses which are being requested as a conditional use. The specific uses stated are farming, places of religious worship, manufactured home courts, recreational vehicle park, a quarry, wrecking yard, airport approach zone, sign, billboard, outdoor sport shooting range, and telecommunication structure. The procedures to grant approval, provisions for permitted conditional uses, additional conditions imposed by the Board, and follow on actions.

Chapter 509 Special Use provides authorization for utilizing this process to grant permits for temporary uses which are not considered Conditional Uses, but which may be allowed by the ordinance in a particular zone, or which are not allowed but serve a demonstrable public interest and cause no significant adverse impact upon neighboring properties. It declares what uses would qualify as a special use, application requirements, standards for approval, the procedure for granting approval, and follow on actions.

A complete copy of the draft Clearwater County Land Use Ordinance is available upon request by emailing bkaufman@clearwatercounty.org or calling the office at 208-476-4815. All interested persons shall have the opportunity to be heard. Please consider joining the meeting or submitting written comments directed to the Building & Planning Department, 150 Michigan Avenue, PO Box 586, Orofino, ID, 83544, faxed to 208-476-8994, or emailed to bp@clearwatercounty.org. For any other questions or concerns, contact Clearwater County Planning and Zoning Administrator Bobbi Kaufman at 208-476-4815.

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