Issues to be addressed within the county will include agricultural, industrial, commercial, and recreational uses, and development limitations.
(A) Agriculture.
(1) The county will encourage preservation of prime agricultural land; however, preservation of agricultural land should not override the option of the land owner to determine the use of his or her property.
(2) It shall be the policy of the county to recognize the economic importance of agriculture in the county by discouraging development that may conflict with existing farm operations, requiring future rural residents to acknowledge the right of neighboring agricultural operations to continue, and discourage the conversion of productive crop lands to other uses.
(3) This policy recognizes both the importance of agriculture and the possibility of conflict between agricultural and other land uses. These implementation strategies are designed to minimize that conflict.
(a) Franklin County will enforce Idaho Code § 31-3805, a state statute that requires participation of potentially affected irrigators in reviewing proposed subdivisions, and requires developers to either transfer the water rights away from a parcel before it is subdivided or provide a central irrigation system. The county will also use its Development Code to require the explicit permission of an irrigation entity for any additional discharge of surface runoff into its system.
(b) Developers or individual land owners will be required to present development plans, subdivision applications, and building permit applications to irrigation entities for review and comment when service, distribution, or storage facilities are adjacent to or within the property boundaries of the proposed development or building side. When safety, water quality, maintenance easements, and other issues are a concern, it will be the responsibility of the developing entity to prove suitability of the proposed development or building site or sites.
(c) The county will attempt to minimize friction between rural residential development and existing agriculture operations. Wherever rural residential development is permitted, the county may require an easement or buffer in favor of the continuation of normal farm operations.
(d) The county will also discourage industrial or commercial development within areas that conflict with or adversely affect established agricultural operations.
(e) Large agricultural enterprises (dairies, feedlots, animal solid waste composting, handling of agricultural chemicals, and the like) can have an adverse impact on nearby developments or dwellings. All animal confinement operations regardless of size require application, review, and compliance with the county ordinances prior to issuance of a building or operating permit.
(f) The same scrutiny will be applied to proposed residential developments that may be incompatible with existing agricultural industries.
(g) The Development Code will require mitigation of potential nuisances as the result of improper handling of solid waste, and the odor, insects, and the like generated by the improper keeping of livestock on residential lots.
(B) Commercial. The county will encourage commercial development within areas that do not conflict with, or adversely affect, established agricultural, industrial, or residential developments.
(1) The County Development Code will require mitigation of potential nuisances including noise, glare, building height and bulk, activity levels, and other relevant measures. Retention or installation of landscaped buffers between potentially incompatible uses may be required.
(2) Home occupations will be permitted in the county, subject to conditions that assure their compatibility with neighboring uses.
(3) There are extensive mineral resources in the county, the development of which may conflict with nearby land use. The County Development Code will include performance standards designed to assure that new or expanded mineral extraction does not adversely affect neighboring uses nor water quality.
(4) The county will use its Development Code to encourage cooperative site planning, including shared access drives and parking, and shared buffers and open space.
(C) Industrial. The county will encourage industrial development within areas that do not conflict with, or adversely affect, the established agricultural, commercial, or residential developments.
(1) The County Development Code will require mitigation of potential nuisances including noise, glare, building height and bulk, activity levels, and other relevant measures. Retention or installation of landscaped buffers between potentially incompatible uses may be required.
(2) “State Land Use Code” will be used to determine industrial classification.
(D) Recreational. It shall be the policy of the county to maintain the natural assets of the recreational areas within the county. These areas will be subjected to the same requirements as set forth in policy number 4, “Natural Resources”. Additional requirements and implementation strategies are:
(1) Development density must not affect water quality where individual wells are used in lieu of a central water system. Southeast District Health Department standards will provide density guidelines pertaining to acceptable sewage systems;
(2) Recreational developments must prepare a fire protection plan that will delineate fire-wise construction, design and materials, defensible space, fuel load assessments, and the like;
(3) Visual sensitivity will be addressed by the standards for recreational development. Density levels will be set to protect the pristine environment desired by those who reside on a full- or part-time basis in forest, meadow, waterfront, riverside, streamside, or view enhanced areas;
(4) Commercial development, home occupations, isolated lodges, and stores may be permitted in recreational areas subject to conditions assuring compatibility with neighboring uses;
(5) Industrial development may be prohibited in recreational areas;
(6) Compatibility of proposed developments will be evaluated on the basis of building height, environmental factors, proposed uses, activity levels, and similar measures. Retention or installation of landscaped buffers between potentially incompatible uses may also be required; and
(7) The county will encourage cooperative site planning, including shared access drives and parking, and shared buffers and open space.
(Ord. 2007-8-13B, passed 8-13-2007)