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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 21
MOUNTAIN OVERLAY DISTRICT (M)
SECTION:
9-21-1: Statement Of Intent And Purposes
9-21-2: Establishment
9-21-3: Base Density
9-21-4: Categorical Exclusions And Exemptions
9-21-5: Site Alteration Permit Procedure
9-21-1: STATEMENT OF INTENT AND PURPOSES:
   A.   Intent: It is important that current owners and potential purchasers of property that includes land within the mountain overlay district recognize the significance of the public policy and land use interests reflected in this chapter, and the additional requirements under this code applicable to that land. Unless a categorical exclusion applies, site alterations within the mountain overlay district require a site alteration permit, which is a type of special use permit authorized by Idaho Code section 67-6512.
The intent of the mountain overlay district is to direct development to land outside of the mountain overlay district. Only when no sufficient available area for a site alteration exists outside of the mountain overlay district and all other criteria under this chapter have been met may a site alteration occur within the district. Site alterations should not include land within the 100- year floodplain, floodway, designated wetland areas, and avalanche hazard within "available area", as defined in the criteria. Even then, the site alteration must be located at the lowest point within the district which will minimize its disturbance and hillside visibility. The design review standards of evaluation of this chapter, and any conditions of approval, should be used to ensure that any site alteration will be limited in its bulk, design, and use of materials to minimize its site disturbance and visibility from a reference road. The size of "sufficient available area" shall depend upon the facts and circumstances of each application for site alteration permit, and is not necessarily dependent upon the specific plans of an applicant. For example, an area may exist outside of the mountain overlay district that would be sufficient in all respects for a one-story, two thousand (2,000) square foot residential dwelling. The mere fact that the applicant's plans specify a ten thousand (10,000) square foot residential dwelling that could only be constructed within the mountain overlay district because of lot configuration and topography would not necessarily change the fact that a "sufficient available area" exists outside the mountain overlay district, albeit for a smaller home than the applicant desires. In other words, an applicant may not create a so called lack of "sufficient available area" outside of the mountain overlay district merely by enlarging the scope of the proposed site alteration.
The county is directed by its comprehensive plan and this chapter to protect its hillsides and closely regulate structural and other development within the mountain overlay district. "Visibility" is an important concept under this chapter. In reviewing visibility of a proposed site alteration within the mountain overlay district, a building one thousand five hundred (1,500) yards from a reference road but higher on a hillside would, except where extraordinary circumstances exist, be considered for the purpose of this chapter to be more visible than a building located only fifty (50) yards from the reference road. A building farther up a hillside may be visible from more vantage points on reference roads and therefore more visible under this chapter than a building directly adjacent to a reference road. This chapter shall not be construed to support the claim that buildings closer to reference roads are necessarily more visible than those located farther up a hillside.
The mapping of the mountain overlay district provides landowners with a more certain basis for determining the location of lands within the district and affords more certainty than the definitional approach used previously within this code. Any future proposals to rezone the mapped boundary of the mountain overlay district should not create a patchwork that excludes saddles, ridges, knolls, summits, or pockets or islands of flatter land between and including the applicable lowest slopes within the mapped district and the summit of the hillside. The district is intended to include all such areas.
This chapter is to be read as a whole, and construed to effectuate its purposes and the intent of this chapter.
   B.   Purpose: The purposes of the mountain overlay district are:
      1.   To preserve the natural character and aesthetic value of hillsides and mountains in the county by regulating development thereon;
      2.   To maintain slope and soil stability;
      3.   To prevent scarring of hillsides and mountains made by cuts and fills and/or by access roads to hillside and mountainous areas;
      4.   To ensure accessibility by emergency vehicles on hillside roads;
      5.   To prevent unsafe conditions for access, circulation, and road maintenance and unwarranted problems associated therewith in hillside and mountainous areas;
      6.   To help ensure water quality and prevent deterioration due to sedimentation or inadequately performing septic systems;
      7.   To prevent unsafe development into areas at risk to wildfires;
      8.   To protect hillside and mountainous areas that function as essential wildlife habitat;
      9.   To regulate site alteration and structural development in the mountain overlay district to assure that site alteration and development occurs in the mountain overlay district only when no sufficient available area for siting of the proposed site alteration or development exists outside of the district and all other criteria under this chapter have been met, and to assure that any site alteration and structural development within the district occurs in a manner that minimizes hillside visibility;
      10.   To carry out the provisions contained in the county comprehensive plan; and
      11.   To protect agricultural lands for productive agriculture while providing for necessary residential and other structural use within the context of productive agriculture. (Ord. 2010-10, 12-7-2010; Ord. 2007-02, 3-20-2007; Ord. 2006-04, 6-29-2006; Ord. 2000-04, 3-27-2000; Ord. 98-1, 1-7-1998; Ord. 94-15, 11-14-1994; Ord. 94-6, 6-16-1994; Ord. 91-15, 11-25-1991; Ord. 77-5, 3-28-1977, eff. 4-7-1977)
9-21-2: ESTABLISHMENT:
   A.   District Established: The mountain overlay district (MOD) is hereby established in accordance with the area indicated on the mountain overlay district layer available on the geographical information services (GIS) mapping pages on the Blaine County website (www.blainecounty.org), effective May 30, 2012. The mountain overlay district buffer is hereby established as a subarea of the mountain overlay district in accordance with the area indicated on the GIS mapping pages on the Blaine County website, effective May 30, 2012. The scenic corridor 1 (SC1) as defined in chapter 2 of this title is hereby established as a subarea of the mountain overlay district, as defined in this title in accordance with the area indicated on the scenic corridor 1 layer, on the GIS mapping pages on the Blaine County website, effective May 30, 2012, and visible from Highway 75.
   B.   Site Alteration Permit Required: Site alteration within the mountain overlay district is prohibited unless a special use permit designated as a site alteration permit has been issued in accordance with this chapter, or the administrator has determined in writing pursuant to this title that the site alteration falls within a categorical exclusion. A site alteration permit or a written categorical exclusion is required prior to issuance of a building permit within the mountain overlay district, and applications for any site alteration permit shall include plans for all proposed buildings, other structures, and hillside roads.
   C.   Mining: Mining activity on private property in the mountain overlay district is subject to a conditional use permit and hillside site alteration permit. (Ord. 2012-04, 4-30-2012; Ord. 2007-02, 3-20-2007; Ord. 98-1, 1-7-1998; Ord. 94-15, 11-14-1994; Ord. 94-6, 6-16-1994; Ord. 91-15, 11-25-1991; Ord. 77-5, 3-28-1977, eff. 4-7-1977)
9-21-3: BASE DENSITY:
For slopes that exceed twenty five percent (25%), the base density shall be as follows:
   A.   Outside of the urban influence boundary: One unit per one hundred sixty (160) acres.
   B.   Inside the urban influence boundary: One unit per forty (40) acres.
Portions of a site within the mountain overlay district may be included in determining single lot on site base density development acreage requirements. For a parcel of land that straddles the mountain overlay district and another district, individual lots may be drawn that include portions of the mountain overlay district. However, each lot shall include buildable land outside of the mountain overlay district. Density shall not be transferable to noncontiguous lots. (Ord. 2006-04, 6-29-2006; Ord. 94-15, 11-14-1994; Ord. 94-6, 6-16-1994; Ord. 91-15, 11-25-1991; Ord. 77-5, 3-28-1977, eff. 4-7-1977)
9-21-4: CATEGORICAL EXCLUSIONS AND EXEMPTIONS:
   A.   Exemptions: Firebreaks and related site alterations made by fire incident command personnel and used to protect public and private property from an active wildfire shall not be subject to the requirements of this chapter.
   B.   Exclusions: Unless the intent of the landowner or his/her authorized agent is to circumvent the purposes of the mountain overlay district regulations, the requirements of this chapter shall not apply to the following, provided the landowner or agent, before commencing any site alteration, first obtains a written decision from the administrator, in consultation with the county engineer or his/her designated representative, that the site alteration falls within and meets one of the following categorical exclusions:
      1.   On lands outside of scenic corridor 1 (SC1):
         a.   Roads used primarily for agricultural purposes.
         b.   Agricultural fences and equipment and activity directly related to agricultural purposes.
      2.   On lands outside of scenic corridor 1 (SC1) and until such time as subdivision or planned unit development are proposed:
         a.   Single-family residences; provided, that:
            (1)   They are not skylined;
            (2)   They are located among agricultural buildings and structures on lands used primarily for agricultural purposes; and
            (3)   They are inhabited by agricultural property owners or their employees.
         b.   Agricultural structures which do not require a building permit; provided, that they are not skylined.
      3.   On lands inside of scenic corridor 1 (SC1): Single-family residences or structures or uses where all structures and improvements are certified by a state licensed surveyor to be located outside and below lands greater than fifteen percent (15%) slope, as measured by the contour line demarcating the lowest fifteen percent (15%) slope on the parcel.
      4.   On lands inside the mountain overlay district buffer: Single-family residences or accessory structures or uses where all structures and improvements are certified by a state licensed surveyor to be located outside lands greater than twenty five percent (25%) slope. On lands inside the mountain overlay district buffer and scenic corridor 1, applicants seeking a categorical exclusion must meet the requirements of both subsection B3 of this section and this subsection B4.
      5.   Valid permits and platted building envelopes approved prior to the effective date of ordinance 91-15 on December 18, 1991. This exception includes all structures built within the platted building envelope.
      6.   Any building, other structure, access road and/or driveway that is not visible from a reference road. Plans submitted to the county for building permit and/or road/driveway construction for such development shall include and demonstrate, in addition to all other requirements, revegetation with native or native compatible vegetation to prevent erosion; compliance with all applicable road and driveway standards, including all applicable grade standards; appropriate measures or design features to prevent soil erosion, silting of lower slopes, slide damage, flooding, and any other geologic instability; and approval from the applicable fire district/marshal and the South Central health district for on site sewage disposal.
      7.   The locations of existing platted unbuilt roads within platted subdivisions existing prior to the effective date of ordinance 91-15 on December 18, 1991, will be allowed a driveway/road exception provided the road shall meet the evaluation standards as set forth in subsections 9-21-5D4, D5, D7 and D8 of this chapter. This may require a realignment of the platted unbuilt road.
      8.   Platted lots existing prior to the effective date of ordinance 91-15 on December 18, 1991, may be combined to reduce the number of lots within the mountain overlay district and such existing lots may be amended for the purpose of designating a building envelope. Replat applications necessary therefor shall not be considered new subdivisions however, shall be subject to public notice and hearing and criteria contained in title 10 of this code as they relate to drainage, suitability of soils for septic systems, emergency and road/driveway access and erosion control.
      9.   Chairlifts as part of a bureau of land management or United States forest service or county approved ski area permit.
      10.   Underground utility structures working in accordance with a county approved permit.
      11.   Testing necessary to meet the requirements of subsection 9-21-5B of this chapter.
      12.   Incidental planting and transplanting of vegetation by hand tools.
      13.   Maintenance, repair and improvement of any building, other structure, or hillside road that was in existence and lawful before December 18, 1991, the effective date of ordinance 91-15, or lawfully constructed thereafter, which does not increase its visibility from any reference road, provided the plans for such maintenance, repair and improvement demonstrate appropriate measures or design features to prevent soil erosion, silting of lower slopes, slide damage, flooding, and any other geologic instability.
      14.   The construction, installation, siting or operation of a wireless communication facility when said proposed facility: a) is in the immediate vicinity of one or more wireless communication facilities existing as of the effective date of Blaine County ordinance 2001-10 on October 10, 2001; and b) is no higher than any existing WCF in the immediate vicinity. The fact that a WCF may qualify for a categorical exclusion from the site alteration permit requirements of the mountain overlay district, shall not exempt the WCF from the requirements of section 9-3-16 of this title. Plans submitted to the county for the construction, siting or installation of a wireless communication facility shall include and demonstrate, in addition to all other requirements, revegetation with native or native compatible vegetation to prevent erosion; appropriate measures or design features to prevent soil erosion, silting of lower slopes, slide damage, flooding, and any other geologic instability.
   C.   Subdivision Exclusion: Upon application to the board, subdivisions platted before June 16, 1994, may propose to enter into agreement with the county to exempt building lots within that subdivision from the site alteration permit procedures contained herein, provided that any such building site and proposed structures are not visible from Highway 75. To qualify for this exclusion, the subdivision shall meet, at a minimum, the following criteria and conditions:
      1.   The subdivision has an effective design review committee that has been in existence for at least two (2) years prior to application for exemption.
      2.   Architectural design review standards of the subdivision are submitted to the county for review and approval to ensure that the standards of subsection 9-21-5D of this chapter are included.
      3.   Once approved by the county, the subdivision design review standards may not be changed by the subdivision without the approval of the county.
      4.   The administrator or commission shall be notified and is allowed to attend subdivision design review sessions to ensure the goal of minimizing visual impact is emphasized.
      5.   The county may revoke a subdivision exclusion if it finds that the subdivision design review committee decisions do not comply with approved design standards or the intent of this chapter. Should the subdivision fail to conduct design review according to the agreement with the county, the county may terminate said agreement and revoke exemption.
   D.   Administrator's Review Of Categorical Exclusions: The administrator, in consultation with the county engineer or his/her designated representative, shall review all written requests for determinations of categorical exclusions under subsection B of this section, and promulgate appropriate forms to be used for such requests. The applicant shall have the burden of demonstrating that the proposed site alteration falls within and meets the requirements of a categorical exclusion. The administrator, prior to issuance of its decision, may request additional information from the applicant, including, without limitation, technical review from the county engineer at the applicant's expense, and the failure to provide such requested information within sixty (60) days of request shall be grounds for denial of the request for determination of categorical exclusion. Any person aggrieved by the written decision of the administrator as to a categorical exclusion may appeal the administrator's decision to the board according to the procedures and time requirements of section 9-32-3 of this title.
   E.   Exception To Written Decision Requirement: Notwithstanding any provision of this title to the contrary, a written decision of the administrator shall not be required prior to commencing a site alteration that falls within and meets a categorical exclusion stated in subsection B1b, B2, or B5 of this section. (Ord. 2024-04, 2-13-2024; Ord. 2023-01, 1-3-2023; Ord. 2015-02, 3-10-2015; Ord. 2010-04, 4-6-2010; Ord. 2007-02, 3-20-2007; Ord. 2006-04, 6-29-2006; Ord. 2001-10, 10-1-2001; Ord. 98-1, 1-7-1998; Ord. 94-15, 11-14-1994; Ord. 94-6, 6-16-1994; Ord. 91-15, 11-25-1991; Ord. 77-5, 3-28-1977, eff. 4-7-1977)
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