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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 18
AIRPORT VICINITY OVERLAY DISTRICT
ARTICLE A. FRIEDMAN MEMORIAL AIRPORT VICINITY OVERLAY DISTRICT (FMAV)
SECTION:
9-18A-1: Purpose
9-18A-2: Authority
9-18A-3: Applicability
9-18A-4: Definitions
9-18A-5: Airport Height Restriction Zone Designations (Height Zones)
9-18A-6: Airport Height Zone Limitations
9-18A-7: Airport Compatible Land Use Overlay Zones (Land Use Zones)
9-18A-8: Airport Compatible Land Use Overlay Zone Boundaries
9-18A-9: Airport Land Use Zone Map
9-18A-10: Use of Land And Buildings
9-18A-11: Additional Land Use Regulations
9-18A-12: Disclosure Statement
9-18A-13: Friedman Memorial Airport Vicinity Overlay District Land Use Table Notes/Conditions Of Approval
9-18A-14: Friedman Memorial Airport Vicinity Overlay District Land Use Table
9-18A-1: PURPOSE:
   A.   It is the purpose of the Friedman Memorial Airport Vicinity Overlay District to regulate the use of property in the vicinity of the Friedman Memorial Airport (the Airport) by: creating the appropriate zones and establishing the boundaries thereof; providing for changes in the restrictions and boundaries of such zones; defining certain terms used herein; referencing the Friedman Memorial Airport's Federal Aviation Regulation (FAR) Part 77 Airspace Drawing (herein referred to as Airspace Drawing) and Friedman Memorial Airport Land Use Zone Map, which are incorporated in and made a part of this Chapter.
   B.   It is hereby found that an aviation hazard endangers the lives and the property of users of the Friedman Memorial Airport, as well as the property and the occupants of land in the vicinity of the Airport. An aviation hazard reduces the size of the area available for landing, takeoff and maneuvering of aircraft, and thus diminishes or impairs the utility of the Airport and the public investment therein.
   C.   The Friedman Memorial Airport Vicinity Overlay District does not modify the base density of the underlying zoning district existing at time of adoption. Future uses are limited to those in strict conformance, as applicable, with the zoning in existence at the time of adoption of this article and with the additional limitations and conditions set forth in table 9-18-14. (Ord. 2023-05, - -2023)
9-18A-2: AUTHORITY:
The Board adopts this Chapter pursuant to the provisions and authority conferred by Article 12, Section 2, of the Idaho State Constitution, and Title 21, Chapter 5, Airport Zoning Act, and Title 67, Chapter 65, Local Land Use Planning, of the Idaho Code. (Ord. 2023-05, - -2023)
9-18A-3: APPLICABILITY:
The provisions of this chapter and code shall apply to all lands, buildings, structures, natural features or uses located within those areas that are defined by the Friedman Memorial Airport Vicinity Overlay District designated on the Airspace Drawing and Airport Land Use Zone Map that are located within Blaine County, Idaho, whether now or in the future. (Ord. 2023-05, - -2023)
9-18A-4: DEFINITIONS:
14 CFR PART 77:
Code of Federal Regulations referred to as Federal Aviation Regulation (FAR) Part 77. 14 CFR Part 77 defines the regulations applicable to objects which may affect navigable airspace.
AIRPORT:
Any runway, any area, or other facility designed or used either publicly or privately for the landing and taking-off of aircraft, including all accessory taxiways, aircraft storage and tie down areas, hangars, and other necessary buildings. For purposes of Chapter 9-18A, Airport means the Friedman Memorial Airport.
AIRPORT ELEVATION:
The highest point of an airport's usable landing area measured in feet from mean sea level.
AIRPORT INFLUENCE AREA:
An area which establishes boundaries used to define the airport environs for land use planning purposes. Factors to be considered in defining the boundary of the Airport Influence Area include airport noise contours (when applicable), airport traffic patterns, departure, arrival and instrument approach corridors, safety zones and height restriction areas.
APPROACH SURFACE:
A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in Section 9-18A-5: AIRPORT HEIGHT RESTRICTION ZONE DESIGNATIONS (HEIGHT ZONES) of this Chapter. The outer width of an approach/departure surface will be that width prescribed in this subsection for the most precise approach existing or planned for that runway end as identified on the Friedman Memorial Airport's approved Airport Layout Plan.
APPROACH, DEPARTURE, TRANSITIONAL, HORIZONTAL, AND CONICAL ZONES:
These zones are set forth in Section 9-18A-5: AIRPORT HEIGHT RESTRICTION ZONE DESIGNATIONS (HEIGHT ZONES) of this Chapter.
AVIATION HAZARD:
An obstruction or hazard to air navigation that includes any new or existing structure, object of natural growth, use of land, or modification thereto, which endangers the lives and property of users of an airport, or of occupants of land in its vicinity, and that reduces the size of the area available for landing, taking off and maneuvering of aircraft, or penetrates an imaginary surface, and has an adverse effect on the safe and efficient utilization of the navigable airspace.
AVIGATION EASEMENT:
A non-possessing property interest in airspace over a land parcel or portion of land. It is a legally developed document obtained by the owner of an airport to permit activities including the right of flight and the right to remove obstructions, but not necessarily to the extent of prohibiting the use of the land within the limits of the rights obtained.
BUFFER ZONE:
A portion of the Lateral Safety Zone, North Critical Zone, or South Inner Critical Zone that provides a transition of zoning from one zone to the next.
COMPATIBLE LAND USE:
Compatibility of land use is attained when the use of property adjacent to an airport neither adversely affects flight operations from the airport nor is itself adversely affected by such flight operations. In most cases, the adverse effect of flight operations on adjacent land results from exposure of noise sensitive development, such as residential areas, to aircraft noise and vibration. Land use that adversely affects flight operations is that which creates or contributes to a flight hazard. For example, any land use that might allow tall structures, block the line of sight from the control tower to all parts of the airfield, inhibit pilot visibility (such as glaring lights, smoke, etc.), produce electronic aberrations in navigational guidance systems, or that would tend to attract birds would be considered an incompatible land use. For instance, under certain circumstances, an exposed landfill may attract birds. If open incineration is regularly permitted, it can also create a smoke hazard. In some cases, concurrent land use can be an appropriate compatible land use. Concurrent land use means that the land can be used for more than one purpose at the same time. For example, portions of land needed for clear zone purposes could also be used for agriculture purposes at the same time.
CONICAL SURFACE:
A surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty to one (20:1) for a horizontal distance of four thousand feet (4,000').
CRITICAL ZONES:
An extended area off the runway end used to enhance the protection of people and property on the ground.
FAA:
The Federal Aviation Administration.
FAIR DISCLOSURE STATEMENT:
A notification to prospective buyers of property near airports that they may be exposed to potentially impactful levels of aircraft overflight. These statements in no way abrogate an individual's right to take later action against the airport, but rather give buyers a fair warning.
HEIGHT:
For the purpose of determining the height limits in all zones set forth in this Chapter and shown on the Friedman Memorial Airport Airspace Map, the datum shall be mean sea level elevation unless otherwise specified.
HORIZONTAL SURFACE:
A horizontal plane one hundred and fifty feet (150') above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the Horizontal Zone.
IMPACT COORDINATION ZONE:
An area in the proposed Area of City Impact where aircraft are commonly operating for the purposes of landing and take-off in the immediate vicinity of the airport. The Impact Coordination Zone(s) establishes land use restrictions to enhance the protection of people and property on the ground while considering influences of the Area of City Impact. The Impact Coordination Zone is any Area of City Impact area within any Airport Compatible Land Use Overlay Zone.
INCOMPATIBLE LAND USES:
Incompatible land use at or near airports may result in the creation of hazards to air navigation and reductions in airport utility resulting from obstructions to flight paths or noise-related incompatible land use resulting from residential construction too close to the airport. Incompatible land uses include obstructions or residential construction built on airport property or in violation of conditions of released land or residential development within grant funded aircraft noise compatibility land. Introducing a wildlife attractant or failure to take adequate steps to mitigate hazardous wildlife at the airport can also result in an incompatible land use. Incompatible land uses can include wastewater ponds, municipal flood control channels and drainage basins, sanitary landfills, solid waste transfer stations, electrical power substations, water storage tanks, golf courses and other bird attractants, roads, railroads, and navigable waterways. Other incompatible uses would be towers or buildings that penetrate Part 77 surfaces or are located within a runway protection zone (RPZ), runway object free area (ROFA), object free zone (OFZ), clearway or stopway.
INNER CRITICAL ZONE:
Rectangular in shape and centered about the extended runway centerline. The width of the Inner Critical Zone is two thousand feet (2,000') and extends a horizontal distance of up to seven thousand five hundred feet (7,500') from each end of the primary surface.
INSTRUMENT DEPARTURE SURFACE:
A trapezoidal shape that begins at the end of the runway and extends along the extended runway centerline and with a slope, starting at the elevation of the end at a slope of forty to one (40:1) for a horizontal distance of ten thousand feet.
LARGER THAN UTILITY RUNWAY:
A runway that is constructed for and intended to be used by propeller driven aircraft of greater than twelve thousand five hundred (12,500) pounds maximum gross weight and jet powered aircraft.
LATERAL SAFETY ZONE:
An area extending 1000 feet either side of runway centerline and including the area between the ends of the primary surface(s) used to enhance the protection of people and property on the ground.
NAVD 88:
North American Vertical Datum 1988. All elevations in this Chapter are referenced to the 1988 North American Vertical Datum.
NAVIGABLE AIRSPACE:
Any airspace where heavier-than-air vehicles can operate. Specifically per Federal Aviation Regulations (FAR), navigable airspace includes airspace at and above the minimum safe flight level, including airspace needed for safe takeoff and landing.
NON-PRECISION INSTRUMENT RUNWAY:
A runway having an existing instrument approach procedure utilizing air navigation facilities, or area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved or planned. It also means a runway for which a non-precision approach system is planned and is so indicated on an approved Airport Layout Plan.
OBSTRUCTION:
Any object of natural growth, terrain, or permanent or temporary construction or alteration, including equipment or materials used, and any permanent or temporary apparatus, including mobile objects, that now, or in the future, may exceed a limiting height set forth in Section 9-18A-6: AIRPORT HEIGHT ZONE LIMITATIONS of this Chapter.
OUTER CRITICAL ZONE:
Rectangular in shape and centered about the extended runway centerline. The width of the Outer Critical Zone is one thousand feet (1,000') and extends a horizontal distance of up to five thousand feet (5,000'), but no less than three thousand feet (3,000'), from each end of the Inner Critical Zone.
PERSON:
An individual, corporation, joint venture, limited partnership, partnership, firm, syndicate, association, trustee, or other similar entity or organization.
PRECISION INSTRUMENT RUNWAY:
A runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS), a Precision Approach Radar (PAR) or a Global Positioning System (GPS). It also means a runway for which a precision approach system is planned and is so indicated on an approved Airport Layout Plan.
PRIMARY SURFACE:
A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; for military runways or when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in Section 9-18A-5: AIRPORT HEIGHT RESTRICTION ZONE DESIGNATIONS (HEIGHT ZONES) of this Chapter. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
RUNWAY PROTECTION ZONE (RPZ):
An area off the runway end used to enhance the protection of people and property on the ground. The RPZ is trapezoidal in shape and centered about the extended runway centerline. The inner width of the RPZ is the same as the width of the primary surface. The outer width of the RPZ is a function of the type of aircraft and specified approach visibility minimum associated with the runway end. The applicable RPZ dimensions are depicted on the Friedman Memorial Airport Layout Plan.
RUNWAY:
A defined area on an airport prepared for landing and takeoff of aircraft along its length.
STRUCTURE:
Anything constructed or erected and which is attached, directly or indirectly, to a fixed location on the ground. Structures include, but are not limited to, buildings, modular homes, mobile homes, walls, fences, signs and billboards. For purposes of this Chapter, the term "structure" shall be expanded to include, in addition to the foregoing, overhead electrical transmission lines or power poles, and their appurtenances, towers, cranes and smokestacks.
TRANSITIONAL SURFACES:
These surfaces extend outward at ninety-degree (90°) angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces as defined in FAR Part 77 to a point where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of five thousand feet (5,000') measured horizontally from the edge of the approach surface and at ninety-degree (90°) angles to the extended runway centerline.
UTILITY RUNWAY :
A runway that is constructed for and intended to be used by propeller driven aircraft of twelve thousand five hundred (12,500) pounds maximum gross weight and less.
VISUAL RUNWAY:
A runway intended solely for the operation of aircraft using visual approach procedures. (Ord. 2023-05, - -2023)