A. This chapter is intended to provide measures to protect visual resources and allied economic interests associated with scenic corridor 1 (SC1), as defined in chapter 2 of this title, in addition to those measures found in chapter 21 of this title, and to assist in providing for safety of passage on Idaho State Highway 75. Prior to the addition of this chapter, Blaine County has been regulating development within one hundred feet (100') of Highway 75. It is important that current owners and potential purchasers of property that includes land within the Scenic Highway 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, construction of earthen berms, fences and sight obscuring screens of trees within the Scenic Highway Overlay District require a site alteration permit, which is a type of special use permit authorized by Idaho Code section 67-6512. Freestanding walls are prohibited in the SHO.
B. Among the references to visual resources in the Blaine County Comprehensive Plan, the following are particularly illustrative of the role of land use planning in protecting these values:
The word aesthetic is used in this section to define the perception or awareness of one's environment. It pertains to the sensations of sight, sound, taste, smell and touch. The importance placed on aesthetics varies according to individual attitude and sensitivity. There is, however, a longstanding consensus, among experts as well as laymen, that visual scenic quality, clean air, high water quality, absence of noise pollution, and other aspects of the natural environment represent invaluable County resources.
Preservation of these resources is of vital importance to the residents of the County as well as to the recreational economy.
The use of berms as a landscaping device to protect the visual aspects of the scenic corridor, or for the benefit of private property owners, has led to unanticipated negative effects. High berms, in a continuous line, with tall trees, lead to ice formation on highways and streets in winter and to impairment of the views from roads. To protect against these problems, ordinances shall be drawn requiring design review for landscaping in scenic corridors. Such ordinances shall consider heights, spacing, setbacks, and plantings of berms and the visual effect on view corridors.
The building of fences, walls and earthen structures and the planting of trees have impacts in addition to obscuring views. Accordingly, the following are the purposes to be achieved by regulation of such structures:
• Preserve natural and natural like views from Highway 75.
• Avoid unnatural levels of drainage onto public roads and adjacent lands.
• Avoid decrease in highway safety from shading of the highway and resultant icing of the pavement.
• Avoid decrease in highway safety by preserving sightlines and distant visibility for travel2.
• Avoid excess water usage for irrigation of landscaping of earthen structures in accordance with the County's local public interest water resources policy.
• Control noxious weeds and erosion on disturbed soil. (Ord. 2023-01, 1-3-2023; Ord. 2021-16, 10-12-2021; Ord. 2018-03, 2-13-2018; Ord. 2010-09, 11-9-2010; Ord. 99-5, 10-12-1999)
Notes
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1. It should be recognized by landowners that mitigating the sound from Highway 75 is not practical. Vegetation has little effect for filtering traffic noise. In order for a structure to provide a noticeable reduction in traffic noise, a 10 decibel average (dBA) reduction is needed. For a barrier to have any effect, it must be relatively close to the home it is intended to protect. Otherwise, the sound waves will simply "bend" over the structure and continue to reach the home. A structure blocking the sound source at line of sight will result in a 5 dBA volume reduction. Each additional meter of height of the structure will contribute only an additional 1.5 dBA reduction in volume. Volpe Transportation Center. |
A. District Established: The Scenic Highway Overlay District is hereby established.
1. Application Of Regulations: The regulations of this overlay district, which will not be designated on the official zoning map, shall apply within the County to all lands within one hundred feet (100') of the right-of-way of Idaho State Highway 75 on both sides of said State Highway 75 north of the east to west intersection with State Highway 20, excluding lands within the jurisdiction of an incorporated City. (Ord. 99-5, 10-12-1999)
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