BLAINE COUNTY ORDINANCE NO. 2024-04
MISCELLANEOUS AMENDMENTS TO TITLE 9 ZONING REGULATIONS,
AN ORDINANCE OF BLAINE COUNTY, IDAHO, AMENDING BLAINE COUNTY CODE, TITLE 9 ZONING REGULATIONS, CHAPTERS 17, 21 AND 21A.; PROVIDING A SEVERABILITY CLAUSE AND EFFECTIVE DATE.
RECITALS
WHEREAS, the Board of County Commissioners (Board) is empowered by the Local Land Use Planning Act of 1975, Idaho Code Section 67-6511, to adopt and amend regulations establishing zoning districts and appropriate uses therefore;
WHEREAS, Pursuant to Blaine County Code §9-31-1 (amendments), “The text and maps of this title may be amended whenever the board deems that amendment is required for public convenience or necessity, or for the general welfare”;
WHEREAS, the Blaine County Board of County Commissioners (Board) initiated the amendments on
WHEREAS, the Planning and Zoning Commission held a duly noticed public hearing on December 14, 2023, and on that date, recommended that the Board approve the proposed amendments as presented, finding them in compliance with Blaine County’s Comprehensive Plan and having no negative impacts on potable water sources or on the delivery of services;
WHEREAS, pursuant to Blaine County Code and Idaho Code, the Board held a duly noticed public hearing on February 13, 2024, considered the Commission’s recommendation, took public comment, and evaluated the matter. On February 13, 2024, the Board approved the proposed amendments, finding them in compliance with Blaine County’s Comprehensive Plan and having no negative impacts on potable water sources or on the delivery of services;
NOW THEREFORE, be it ordained by the Board of County Commissioners of Blaine County, Idaho:
SECTION 1. That Blaine County Code, Title 9, Chapter 17, Floodplain Overlay District, is hereby amended by the deletion of the stricken language as follows:
9-17-8(A). Administrator's Review Of Categorical Exclusions: The Administrator, in consultation with the County Engineer or the Floodplain Manager, shall review all written requests for determinations of categorical exclusions under subsection 9-17-6B3b of this chapter, and promulgate appropriate forms to be used for such requests. The applicant shall have the burden of demonstrating that the proposed development falls within and meets the requirements of a categorical exclusion. The Administrator shall issue a written decision within thirty one (31) days of receipt of an application for determination of 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. The thirty one (31) day time period for issuance of the Administrator's decision shall begin to run anew following the date of the Administrator's receipt of additional information from the applicant. Such period also shall be tolled during any periods that the Administrator does not have reasonably safe access to the site of the proposed site alteration. 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.
9-21-4(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 shall issue a written decision within thirty one (31) days of receipt of an application for determination of 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. The thirty one (31) day time period for issuance of the administrator's decision shall begin to run anew following the date of the administrator's receipt of additional information from the applicant. Such period also shall be tolled during any periods that the administrator does not have reasonably safe access to the site of the proposed site alteration. 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.
Scenic Highway Overlay District – Categorical Exclusions
9-21A-3(B). Review Of Categorical Exclusions: The Administrator or his/her designated representative, in consultation with the County Engineer or his/her designated representative, shall review all written requests for determinations of categorical exclusions under subsection A 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. In addition to completing the application form and providing a drawing or plan and such other information required for evaluation by the Administrator, photographs of the site before and after construction (upon confirmation of compliance with categorical exclusion standards) of fences, berms and planting of vegetation regulated by this chapter shall be provided to the Administrator by the applicant. The Administrator shall issue a written decision within five (5) business days of receipt of an application for determination of 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, 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. The five (5) business day time period for issuance of the Administrator's decision shall begin to run anew following the date of the Administrator's receipt of additional information from the applicant. Such period shall be tolled during any periods that the Administrator does not have reasonably safe access to the site of the proposed construction. Any person aggrieved by the written decision of the Administrator may seek review of the Administrator's decision before the Board according to the procedures and time requirements of this section.
SECTION 4. That Blaine County Code, Title 9, Chapter 32, Administration and Enforcement, is hereby amended by the deletion of the stricken language as follows:
9-32-3: APPEALS FROM DECISIONS OF THE ADMINISTRATOR:
C. Decision By Board: The board shall, within twenty eight (28) calendar days after the public hearing, enter a written order affirming, reversing or modifying the administrator's decision. The order shall also contain the reasons for the board's decision. On its own motion, the board may, within fourteen (14) calendar days of issuing a written decision, reconsider that decision.
C. Decision By Board: The board shall, within twenty eight (28) calendar days after the public hearing, enter a written order affirming, reversing or modifying the administrator's decision. The order shall also contain the reasons for the board's decision. On its own motion, the board may, within fourteen (14) calendar days of issuing a written decision, reconsider that decision.
9-32-4: APPEALS TO THE BOARD:
E. Decision By The Board: The Board shall enter an order within fifteen (15) calendar days after the hearing affirming, reversing or modifying the Commission's decision. The order shall contain a statement of the reasons for the Board's decision and shall be served on all parties to the appeal. On its own motion, the Board may, within fourteen (14) calendar days of issuing a written decision, reconsider that decision.
E. Decision By The Board: The Board shall enter an order within fifteen (15) calendar days after the hearing affirming, reversing or modifying the Commission's decision. The order shall contain a statement of the reasons for the Board's decision and shall be served on all parties to the appeal. On its own motion, the Board may, within fourteen (14) calendar days of issuing a written decision, reconsider that decision.
SECTION 5. Severability Clause. The Board of County Commissioners intends that each separate provision of this Ordinance be deemed independent of all other provisions herein, and it is further the intention of the Board that if any of the provisions of this ordinance be declared to be invalid, then all other provisions thereof shall remain valid and enforceable.
SECTION 6. Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval and publication.
Regularly passed, approved and adopted by the Board of County Commissioners of Blaine County, Idaho, this 13th day of February 2024
Muffy Davis, Chair
Angenie McCleary, Vice-Chair
Lindsay Mollineaux, Commissioner
ATTEST:____________________________
Stephen McDougall Graham, Clerk (seal)
Summary published in Idaho Mountain Express on: