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Blaine County Overview
Blaine County, ID Code of Ordinances
COUNTY CODE OF BLAINE COUNTY, IDAHO
ORDINANCES PENDING REVIEW FOR CODIFICATION
ADOPTING ORDINANCE
TITLE 1 ADMINISTRATION
TITLE 2 BUSINESS AND LICENSE REGULATIONS
TITLE 3 HEALTH AND SAFETY
TITLE 4 POLICE REGULATIONS
TITLE 5 MOTOR VEHICLES AND TRAFFIC
TITLE 6 PUBLIC WAYS AND PROPERTY
TITLE 7 BUILDING REGULATIONS
TITLE 8 COMPREHENSIVE PLAN; AREAS OF IMPACT; AND LOCAL PUBLIC INTEREST WATER POLICY
TITLE 9 ZONING REGULATIONS
CHAPTER 1 TITLE, PURPOSE, INTERPRETATION AND ENACTMENT
CHAPTER 2 DEFINITIONS
CHAPTER 3 GENERAL PROVISIONS
CHAPTER 3A UTILITIES FACILITIES
CHAPTER 3B UTILITIES FACILITIES; SOLAR
CHAPTER 4 ZONING DISTRICTS AND THEIR BASE DENSITIES, OVERLAY DISTRICTS AND BOUNDARIES
CHAPTER 5 PRODUCTIVE AGRICULTURAL DISTRICT (A-20)
CHAPTER 5A PRODUCTIVE AGRICULTURAL DISTRICT (A-40)
CHAPTER 6 RURAL RESIDENTIAL DISTRICT (R-10)1
CHAPTER 6A RURAL REMOTE DISTRICT (RR-40)
CHAPTER 6B RESOURCE CONSERVATION DISTRICT (RC-160)
CHAPTER 7 RESIDENTIAL/AGRICULTURAL DISTRICT (R-5)
CHAPTER 8 RURAL RESIDENTIAL DISTRICT (R-2 1/2)
CHAPTER 9 PLANNED RESIDENTIAL DEVELOPMENT DISTRICT (R-2)
CHAPTER 10 LOW DENSITY RESIDENTIAL DISTRICT (R-1)
CHAPTER 11 MEDIUM DENSITY RESIDENTIAL DISTRICT (R-.4)
CHAPTER 12 HIGH DENSITY RESIDENTIAL DISTRICT (R-1/4)
CHAPTER 13 RECREATION DEVELOPMENT DISTRICT (RD)
CHAPTER 14 GENERAL COMMERCIAL DISTRICT (C)
CHAPTER 15 LIGHT INDUSTRIAL DISTRICT (LI)
CHAPTER 16 HEAVY INDUSTRIAL DISTRICT (HI)
CHAPTER 17 FLOODPLAIN OVERLAY DISTRICT (FP) AND RIPARIAN SETBACK DISTRICT (R)
CHAPTER 18 AIRPORT VICINITY OVERLAY DISTRICT
CHAPTER 19 WETLANDS OVERLAY DISTRICT (WE)1
CHAPTER 20 WILDLIFE OVERLAY DISTRICT (W)
CHAPTER 21 MOUNTAIN OVERLAY DISTRICT (M)
CHAPTER 21A SCENIC HIGHWAY OVERLAY DISTRICT (SHO)
CHAPTER 22 AVALANCHE OVERLAY DISTRICT (A)
CHAPTER 23 SEASONAL USE OVERLAY DISTRICT (SU)
CHAPTER 24 SAWTOOTH CITY ZONES (SCC, SCR-.4)
CHAPTER 25 CONDITIONAL USE PERMITS
CHAPTER 26 RECLASSIFICATION OF A ZONING DISTRICT (REZONE)
CHAPTER 27 NONCONFORMING USES AND BUILDINGS
CHAPTER 28 OFF STREET PARKING AND LOADING FACILITIES
CHAPTER 29 SIGNS
CHAPTER 29A OUTDOOR LIGHTING
CHAPTER 29B ACCESSORY STRUCTURES AND FENCES
CHAPTER 30 VARIANCES
CHAPTER 31 AMENDMENTS
CHAPTER 32 ADMINISTRATION AND ENFORCEMENT
CHAPTER 33 HEARING EXAMINER
CHAPTER 34 POWER ZONING OVERLAY DISTRICT
CHAPTER 35 COMMUNITY HOUSING OVERLAY DISTRICT (CH)
CHAPTER 36 MOBILE HOME/MANUFACTURED HOME PARK OVERLAY DISTRICT (MHO)
TITLE 10 SUBDIVISION REGULATIONS
CHAPTER 3A
UTILITIES FACILITIES
SECTION:
9-3A-1: Purpose And Intent
9-3A-2: Definitions
9-3A-3: Zoning Regulations
9-3A-4: Permitted Uses
9-3A-5: Categorical Exclusion
9-3A-6: Conditional Use Permit Procedure
9-3A-7: Standards Of Evaluation
9-3A-8: Administrative Review Of Application
9-3A-9: Public Hearing And Notice Requirements
9-3A-10: Commission Or Hearing Examiner Review And Action
9-3A-11: Abandonment
9-3A-1: PURPOSE AND INTENT:
The purpose and intent of this chapter is to promote safe, effective use of residential wind energy facilities installed to reduce the on site consumption of utility supplied electricity and to provide a regulatory scheme for the construction and operation of wind energy facilities in the county, subject to reasonable restrictions, which will preserve scenic assets and protect the public health, safety, and welfare. (Ord. 2010-02, 1-19-2010)
9-3A-2: DEFINITIONS:
ROOFTOP WIND ENERGY FACILITY: A wind energy facility mounted to the top of a structure to which it is an accessory. Overall height is measured from grade to highest point on the WEF.
WIND ENERGY FACILITY (WEF): A wind energy conversion system consisting of a turbine or generator and typically blades and a tower and associated control or conversion electronics which provides electrical power intended for residential or farm and associated outbuildings and on site uses.
WIND ENERGY FACILITY HUB HEIGHT: The height above grade to the centerline of the turbine rotor on a horizontal axis wind turbine.
WIND ENERGY FACILITY TIP HEIGHT: The height above grade of the fixed portion of the tower plus the blade radius at its highest point. (Ord. 2010-02, 1-19-2010)
9-3A-3: ZONING REGULATIONS:
The placement, use or modification of a WEF as allowed by law within unincorporated Blaine County by a permittee, is subject to the provisions of this title.
   A.   Rooftop Wind Energy Facilities:
      1.   One or more rooftop WEF up to an overall height of forty feet (40') is a conditional use on less than five (5) acres subject to section 9-3A-6, "Conditional Use Permit Procedure", of this chapter in all zones.
      2.   A rooftop WEF up to an overall height of forty feet (40') on five (5) acres or more is subject to section 9-3A-5, "Categorical Exclusion", of this chapter in all zones. Multiple rooftop WEF may be requested through section 9-3A-6, "Conditional Use Permit Procedure", of this chapter.
      3.   No rooftop WEF shall be permitted within the mountain overlay district or the scenic corridor.
   B.   Freestanding Wind Energy Facilities:
      1.   A freestanding WEF up to forty foot (40') tip height is a conditional use subject to section 9-3A-6, "Conditional Use Permit Procedure", of this chapter in the following zoning districts: SCR-.4, R-.4, R-1, R-2, and R-21/2 on a minimum of two and a half (2.5) acres; and R-5 on a minimum of five (5) acres.
      2.   A freestanding WEF up to forty foot (40') hub height is subject to section 9-3A-5, "Categorical Exclusion", of this chapter in the following zoning districts: R-10, A-20, A-40, and RR-40 on a minimum of ten (10) acres. On parcels of five (5) acres up to ten (10) acres in these zones, a freestanding WEF up to forty foot (40') hub height is a conditional use subject to section 9-3A-6, "Conditional Use Permit Procedure", of this chapter.
      3.   A freestanding WEF with a hub height no taller than eighty feet (80') is a conditional use on a minimum of ten (10) acres subject to section 9-3A-6, "Conditional Use Permit Procedure", of this chapter in the R-10 zoning district.
      4.   A freestanding WEF with a hub height no taller than one hundred twenty feet (120') is subject to section 9-3A-5, "Categorical Exclusion", of this chapter in the following zoning districts: A-20, A-40, RR-40 on a minimum of twenty (20) acres.
      5.   No freestanding WEF shall be permitted within the mountain overlay district or the scenic corridor. (Ord. 2010-02, 1-19-2010)
9-3A-4: PERMITTED USES:
   A.   Installation of an anemometer, or related devices, for not less than twelve (12) months for the purpose of determining feasibility of a wind energy generating site. The anemometer may not be installed at a WEF height greater than permissible for that zoning district.
   B.   General repair, maintenance, replacement or upgrade of equipment of an existing WEF provided that any equipment replaced does not violate the conditions of administrative or conditional use permit approval. (Ord. 2010-02, 1-19-2010)
9-3A-5: CATEGORICAL EXCLUSION:
Unless the intent is to circumvent the purposes of this chapter, a landowner or his/her authorized agent may be categorically excluded from the CUP requirements of this chapter if before commencing construction of a single WEF, the landowner or agent first obtains a written decision from the administrator, in consultation with the county engineer or his/her designated representative, that the WEF construction falls within and meets the following criteria:
   A.   Rooftop WEF is an accessory fixture to the residence or agricultural building upon which it is mounted.
   B.   Rooftop WEF does not exceed a five foot (5') diameter.
   C.   Rooftop WEF noise emission does not exceed thirty five (35) decibels as measured from the nearest property line.
   D.   Complies with all administrative standards in subsection 9-3A-7A of this chapter. (Ord. 2010-02, 1-19-2010)
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