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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 35
COMMUNITY HOUSING OVERLAY DISTRICT (CH)
SECTION:
9-35-1: Purpose And Provisions
9-35-2: Definitions
9-35-3: Establishment Of District
9-35-4: Developer Benefits
9-35-5: Permitted Uses
9-35-6: Accessory Uses
9-35-7: Conditional Uses
9-35-8: General Requirements For A CH-PUD
9-35-9: Developable Density
9-35-10: Standards For Evaluation
9-35-11: Conditions That May Attach
9-35-12: Application/Approval Procedure
9-35-13: Special Provisions
9-35-1: PURPOSE AND PROVISIONS:
The purposes of the Community Housing Overlay District are:
   A.   To identify areas that are considered suitable for the development of compact community and other housing given the proximity to centralized water and sewer services, transportation facilities and areas of employment.
   B.   To provide for densities above that permitted in the underlying zoning district to encourage the provision of community housing in Blaine County.
   C.   To promote a greater diversity of living environments by encouraging housing for a variety of socioeconomic households for sale and for rent, a variety of residential densities, and a variety of housing types including manufactured housing.
   D.   To achieve certain aesthetic and design qualities through a planned unit development process.
The stated provisions of this chapter supersede the requirements of the underlying zoning districts and Scenic Highway Overlay District. Modifications to standard requirements of this title and title 10 of this Code with regard to lot sizes and dimensions, bulk requirements, parking requirements, road widths and other street and intersection improvement standards are warranted by the benefits realized by the provision of community housing. In the event of a conflict between this chapter and title 10 of this Code, the provisions of this chapter shall apply. (Ord. 2019-09, 5-28-2019)
9-35-2: DEFINITIONS:
AREA MEDIAN INCOME (AMI): That income level in which half of the Blaine County population makes less and the other half makes more. The Blaine County AMI is issued by the U.S. Department of Housing and Urban Development (HUD) on an annual basis and can be found in the Blaine County Community Housing Guidelines.
AVERAGE INCOME CATEGORY: The average household income level, according to the categories established in the Community Housing Guidelines, which will be provided by the developer according to the community housing plan.
BASE DENSITY: The unit of measurement used to determine the number of possible free market units in a CH-PUD, provided all applicable standards of this chapter are met. If more than one subdistrict is involved, base density for the CH-PUD is the sum total of multiplying the number of acres within each subdistrict by the base density specified for each subdistrict.
BLAINE COUNTY HOUSING AUTHORITY (BCHA): The local governmental body which administers, monitors, and manages the community housing applicant database, the community housing stock and the inventory of deed restricted community housing in Blaine County. The term BCHA, for purposes of this chapter, includes all successor associations or entities that perform or assume the same, or similar, duties and functions as the BCHA in its present form.
COMMERCIAL UNIT: For the purpose of calculating community housing only, equivalent to two thousand five hundred (2,500) square feet of nonresidential (commercial) gross floor area, which accounts for one unit of developable density.
COMMON OPEN SPACE: An area held for the use and benefit of the owners of dwelling units or lots in a CH-PUD and which is devoid of streets, parking areas, and buildings not intended for recreational or community purposes. Common open space does not include any land within the required setback from State Highway 75 or within individual single-family or duplex lots.
COMMUNITY HOUSING (CH): Ownership and rental residential housing that is price restricted to remain affordable to persons working in Blaine County, retired from working in Blaine County, or other groups of eligible persons according to BCHA guidelines or other recognized affordable housing guidelines approved by BCHA.
COMMUNITY HOUSING GUIDELINES (CH GUIDELINES): The current regulations adopted by the BCHA and amended from time to time outlining the requirements and parameters related to the development, pricing, eligibility, and other administrative standards for all community housing projects that come under the purview of BCHA.
COMMUNITY HOUSING PLAN (CH PLAN): Documents submitted pursuant to Community Housing Guidelines, section 6.3, as amended, which describe the calculations and method of meeting the community housing obligation in a CH-PUD.
COMMUNITY HOUSING PLANNED UNIT DEVELOPMENT (CH-PUD): An area of land developed primarily for residential use or a mixture of residential and nonresidential (commercial) uses, in which restriction of density, lot sizes, setbacks, and other bulk regulations may be adjusted in return for the provision of community housing units along with free market units and/or lots.
COMMUNITY HOUSING UNIT (CHU): A residential housing unit that is subject to a deed covenant as a long term rental unit or as a unit for sale to eligible persons and households, based on applicable income and residency requirements.
FREE MARKET UNIT: A unit permitted through the CH-PUD process, created for sale, rent or lease at free market rates and not restricted as a community housing unit or lot.
GROSS FLOOR AREA: The total of all floor areas as measured from the exterior face of the exterior walls. Exterior stairs that are not enclosed, unenclosed decks, and underground parking areas shall be excluded from the square footage calculation. When an attic roof truss system creates an unusable and inaccessible attic space between the interior and exterior wall, the floor area measurement shall be taken from the outside of the interior wall.
HUD: United States Department of Housing and Urban Development.
HOMEOWNERS' ASSOCIATION: An organization formed of the owners of a subdivision or planned unit development.
IHFA: Idaho Housing and Finance Association.
MASTER PLAN: Map(s) and supporting documents that set forth approximate locations of and requirements for master planned infrastructure within the Community Housing Overlay District. See exhibit B attached to the ordinance codified herein.
MASTER PLANNED RIGHT-OF-WAY (MP ROW): An area reserved for public access and functioning as the thoroughfare for vehicular or nonvehicular traffic to external outlets in agreement with the master plan. (Ord. 2013-01, 3-19-2013)
9-35-3: ESTABLISHMENT OF DISTRICT:
The "Community Housing Overlay District" is hereby established and shall be defined as those areas identified on the community housing overlay map (exhibit A attached hereto and on file with the County). The community housing subdistricts are established as set forth in table 1 of this section:
   TABLE 1
 
CH Subdistrict
Underlying Zoning
Community Housing - Commercial (CH-C)
Medium Density Residential (R-.4) and Recreation Development (RD)
Community Housing - South (CH-S)
Residential/Agricultural (R-5), Low Density Residential (R-1), Medium Density Residential (R-.4), and Light Industrial (LI)
 
(Ord. 2013-01, 3-19-2013)
9-35-4: DEVELOPER BENEFITS:
Benefits available for developers of approved CH-PUDs include:
   A.   Additional permitted, accessory and conditional uses as set forth in sections 9-35-5, 9-35-6, and 9-35-7 of this chapter.
   B.   Increased developable density as set forth in section 9-35-9 of this chapter.
   C.   Modification of certain bulk requirements from underlying zoning, as set forth in subsection 9-35-10B1 of this chapter.
   D.   Further modification of bulk, parking, or open space standards as set forth in subsection 9-35-10B of this chapter, or standard requirements of this title and title 10 of this Code with regard to lot sizes and dimensions, bulk requirements, parking requirements, road widths and other street and intersection improvement standards may be permitted, subject to such conditions, limitations, or additional development standards pursuant to section 9-35-11 of this chapter as the Board may require to mitigate adverse impact or to ensure that the benefits derived from the development justify a departure from such standards.
   E.   Reduced permitting fees for CH units as set forth in subsection 9-35-12B3a of this chapter.
   F.   Shortened time line for scheduling of public hearing following certification of complete application, as set forth in subsection 9-35-12C1 of this chapter. (Ord. 2019-09, 5-28-2019; Ord. 2013-01, 3-19-2013)
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