A. Application Form, Contents, and Review: Application for a Mountain Overlay District (MOD) permit shall be made on a form furnished by the administrator. All MOD permit applications shall include the plans for all proposed buildings, additions to existing buildings, other structures, and hillside roads. The planning and zoning commission shall review all such elements of the development simultaneously but shall evaluate under the provisions of this chapter only those portions which lie within the MOD. Upon receipt of the completed form, together with the information listed below, and following an on-site inspection by the administrator, the completed application shall be placed on the agenda of the next available regular meeting of the planning and zoning commission and shall meet the requirements for notification contained in Section 9-15-2 of this code.
B. Application and Submittal Requirements and Fees: An application for a MOD permit shall be filed with the administrator by at least one holder of an interest in the property, or their agent, accompanied by the fee established by resolution of the board of county commissioners. If deemed necessary, planning and zoning may request comprehensive engineering review addressing, but not limited to, compliance with road standards, drainage, and erosion mitigation. Fees resulting from review by the planning and zoning commission designated representative are the responsibility of the applicant, according to the fee resolution of the board and shall be paid prior to public hearing. No application shall be certified as complete unless it includes the following information in sufficient detail for the commission to determine compliance with the design review standards of evaluation:
1. Name, address, and phone number of landowner for which the permit is requested and of the person, firm, or corporation (contractor) that will physically alter the land, if known.
2. The proposed date site alteration will commence and projected date of completion.
3. A description of the land which the proposed work is to be done, by lot, block, tract and house and street address, or similar description that will readily identify and definitively locate the proposed site. A vicinity map shall be included.
4. A report including text, designs, and visual representations including simulations which indicate how the design and construction of improvements shall mitigate visibility. The report shall also include specific engineering, public safety, revegetation, site review, building and other information demonstrating compliance with the design review standards of evaluation. Where applicable, the report shall include a visual resource contrast rating worksheet and other forms promulgated and required by the administrator.
5. A description of the work to be performed, an estimate of the depth of soil disturbed, the type of equipment to be used, the total area of disturbance, and the amount and type of material to be removed or deposited, all in sufficient detail to evaluate impacts of such activities.
6. A graphic representation of the proposal. This plan shall include property lines and delineate the proposed areas for improvement or alteration, existing and proposed contours, drainage and drainage structures, landscaping and revegetation plans, including a plan for the control of noxious weeds, location for placement of the septic system including drain fields, and retaining walls.
7. A statement that the proposed areas of disturbance have been staked and are ready for administrative review.
8. A signature by the property owner or his/her authorized agent that the application is certified as true and accurate.
9. Slope and elevation analysis by a licensed engineer or surveyor and a report from a licensed engineer or professional geologist describing the risks of soil erosion, silting of lower slopes, slide damage, flooding, severe scarring, or any other geological instability associated with the site alteration, and plans for mitigation of those risks.
10. Evidence that Panhandle Health District has reviewed the site and determined the property is found appropriate for on-site sewage disposal.
11. Written input from the applicable rural fire district and/or ambulance service district, if the parcel is located outside an established fire district, addressing adequacy of the proposed access for emergency vehicles and compliance with fire protection requirements.
12. When the proposed use involves a potential contaminant source or potential contaminant, and is located within a wellhead protection area, the applicant shall depict on a map the general location of potable water sources within three hundred feet (300') of the subject property and identify any ten (10) year time of travel zones of public water system(s) affecting the property. The applicant shall provide a report and plans by an Idaho licensed engineer or professional geologist which describes how the project will be designed and constructed to mitigate adverse impact on potable water sources. The applicant shall solicit and document the request for written comment from Idaho Department of Environmental Quality and, in addition, written comment from any other appropriate agency, including, but not limited to, owners of public water systems located within the wellhead protection area.
C. Commission Review and Action: Decisions shall be based on the standards of evaluation contained herein. Review of the application and receipt of public input shall be conducted at a scheduled public hearing as set forth hereinabove. Public input required for variance provided in Section 9-15-2 of this title. The commission may order the hearing to be continued up to thirty (30) days at the same place, in which case no further published notice shall be required other than that requested by the commission. Continuation beyond thirty (30) days shall require further published notice, according to this section. The commission shall approve, approve with conditions, or deny said application, making appropriate findings to support its decision. The commission shall enter an order or adopt its written findings of fact and decision within thirty (30) days after the action is taken by the commission. The granting of a MOD permit shall not be considered as establishing a binding precedent to grant other MOD permits. A MOD permit is not transferable from one parcel of land to another. The applicant may appeal the planning and zoning commission decision per Section 9-15-3 of this title.
D. Design Review Standards of Evaluation: The applicant has the burden of demonstrating compliance with this chapter, including each of the following design review standards of evaluation. Before approving or conditionally approving a MOD permit, the commission shall review and find adequate evidence that the proposed development or site alteration meets the following standards.
1. No sufficient available area for the site alteration exists on the lot outside of the MOD. “Available area” excludes land located within the 100-year floodplain, floodway, wetlands, avalanche, or landslide hazards created by offsite conditions where such environmental concerns outweigh the hillside concerns for the particular project. Existing structures that are nonconforming to this chapter may be improved, moved, or replaced within the MOD, provided the commission finds the proposal is less nonconforming than what is existing and is in substantial compliance with this section.
2. Visibility of the site alteration as viewed from a public vantage point entering or within the City of Wallace as shown in the Shoshone County viewshed map shall be minimized through design, landscaping, and siting. Except where extraordinary circumstances (or natural circumstances as defined in subsection D-3 of this section) exist that are peculiar to the physical characteristics of the site, site alterations, particularly buildings, other structures, and hillside roads, are less visible the lower in elevation they are as determined by topographic contour lines. The maximum bulk of structures shall be hidden or minimized by design, landscaping, and siting. Landscaping shall blend harmoniously with the surrounding area and shall not create excessive contrast with the surrounding area.
3. Site alterations for property protection and hillside stabilization and rehabilitation due to natural circumstances may be permitted, if the applicant can demonstrate and a licensed engineer certifies that the site alterations are designed to remedy a substantial threat of significant damage to permanent structures. Natural circumstances examples include the following: avalanches, postfire and postfire debris flows, landslides, and post flood.
4. The site alteration, and any grading and excavation relating thereto, shall include measures or designs to mitigate the risk of soil erosion, silting of lower slopes, slide damage, flooding, and any other geologic instability. All excavation, grading and fill shall be revegetated as provided herein (except for roadway surfaces) and otherwise stabilized to control erosion.
5. Any proposed building or other structure shall remain below the skyline and shall be sited in such a manner so as not to create a silhouette against the sky as viewed from any a public vantage point entering or within the City of Wallace as shown in the Shoshone County viewshed map.
6. Manmade slopes, road alignments, driveways, improvements, grading, excavation, berming, and fill activities shall conform as closely as possible to the natural terrain. Alteration and severe scarring of the natural drainage of the site shall be minimized and mitigated, except where natural circumstances exist as defined in subsection D-3 of this section, in which cases protective factors of the site alteration shall be considered. Hillside roads shall also meet state road standards and all other applicable road or driveway standards under Shoshone County ordinances and adopted codes, including, but not limited to, those for grades and emergency vehicles. Legal, existing roads/driveways to existing nonconforming structures located within the MOD may be moved or improved to reduce the degree of noncompliance with requirements for grades and emergency vehicles.
7. All utilities shall be underground.
8. Native or native compatible vegetation shall be preserved to the greatest extent possible, and revegetation adjacent to residences shall be with low combustible plant species. Revegetation and rehabilitation of disturbed areas shall utilize plant materials harmonious with and/or native to the area. The method for control and prevention of noxious weeds shall be demonstrated. Disturbed areas shall be regraded, landscaped, or revegetated in a timely manner after completion of the site alteration activities. Components of the revegetation plan shall include the techniques that will be used to ensure the establishment of the proposed vegetation for a period of not less than five (5) years. The most current version of the United States Forest Service Field Guide to Forest Plants of Northern Idaho lists will be used to verify native vegetative plantings.
9. Exterior building materials shall be of nonreflective materials. The visibility of hillside development shall be lessened by limited glazing and exterior lighting, and by use of materials and colors compatible with the natural surrounding setting. Nonreflective windows and glass are required. Roofs shall be designed to minimize the visibility of the structure. Reflective metal roofs are prohibited; nonreflective metal roofs may be approved. The albedo of materials used on all exterior walls and roof areas shall be similar to the albedo of the surrounding terrain. Roofs shall have a maximum albedo of 0.3. Albedo is measured on a scale of 0 to 1 (0% - 100%). A value of 0 means there is no reflection of light (0%) and a value of 1 means there is full reflection of light (100%). Forested areas tend to have an albedo of 0.15 meaning they reflect 15% of the incoming solar radiation.
10. All outdoor lighting shall comply with the Shoshone County MOD lighting reference document attached as Exhibit 2 to the ordinance codified herein.
11. Construction proposed as part of a MOD permit application shall comply with other applicable codes and ordinances, including, but not limited to, the fire code; sewage disposal facilities, and the building code, as amended, in effect at the time.
12. If the applicant or landowner with respect to an application for a MOD permit under this chapter is the state of Idaho, or any agency, board, department, institution, or district thereof, the commission or the board, in addition to all other applicable standards and criteria hereunder, shall take into account the plans and needs of the state, or any agency, board, department, institution or district thereof, as required by Idaho Code Section 67-6528.
13. When the proposed use involves a potential contaminant source or potential contaminant and is located within a wellhead protection area, the applicant has adequately demonstrated that the project has been designed to mitigate any adverse impact to a potable water source.
E. Conditions: The commission may attach reasonable conditions upon granting a MOD permit, including, but not limited to:
1. Providing bonding or other sufficient financial guarantee to complete the site alteration; at a minimum, the grading and revegetation of disturbed areas, including weed control, and new vegetation or landscaping proposed to minimize the visibility of the project on the hillside shall be financially guaranteed at one hundred fifty percent (150%) of the estimated cost for five (5) growing seasons;
2. Modification of the property development or site alteration;
3. Providing road design modifications to avoid undue scarring;
4. When the proposed use involves a potential contaminant source or potential contaminant and is located within a wellhead protection area, the commission may impose reasonable conditions of approval to protect the surface and/or ground water from contamination, including, without limitation, the installation by the applicant of monitoring wells and the granting of easements relating to such wells; and/or
5. Further mitigation of visibility not included on the application.
F. Expiration of Permit: Any MOD permit granted under this chapter after March 13, 2024, shall expire one year following the date of its approval if construction of the site alteration has not been substantially commenced. If good cause for delay in commencement of construction is shown, the administrator may once only extend the period for commencement of construction for a period not exceeding one year, provided application is made for an extension before expiration of the permit.
G. Emergency MOD Permit Procedure: There are times and circumstances in which immediate action must be taken to prevent major property loss. Wildfires and other natural disasters may create such situations. In these limited situations the normal application and review procedure may be waived and an emergency MOD permit granted or amended.
1. Submittal and Application Requirements: The applicant shall own land within an area affected by wildfire or other natural disasters. A complete application for an emergency MOD permit shall be submitted with the following attachments:
a. An aerial photo or site map/drawing of the subject property showing the approximate location and scope of work for the site alteration being applied for.
b. Dated photographs showing the condition of the property for which the work is proposed before alteration.
c. A timeframe whereby the site alteration will commence and a date when alteration will be completed. If the site alteration is not completed within the specified timeframe, administrative approval shall be sought prior to the expiration date.
2. Review and Decision: An emergency MOD permit shall be reviewed and either approved or denied in writing by the planning and zoning administrator, planning and zoning staff, or planning and zoning commission designated representative.
a. A site visit shall be conducted with the Shoshone County planning and zoning administrator, planning and zoning staff, or planning and zoning commission designated representative.
b. Approval may be granted if the following criteria are met:
(1) Permanent structures are imminently threatened and would sustain considerable damage if emergency stabilization measures are not undertaken;
(2) Emergency stabilization measures will not unreasonably increase the threat of damage to permanent structures on neighboring property;
(3) The emergency stabilization measures are limited in scope to protecting permanent structures, as set forth in the emergency permit;
(4) The applicant posts financial security of one thousand dollars ($1,000.00) or more as determined by the commission for the purpose of ensuring that a regular MOD permit application will be filed; and
(5) The applicant shall apply for a regular MOD permit by the date set forth in the emergency permit and commence implementation of any regularly approved MOD permit as may be required, following emergency stabilization. In such cases, the regular MOD permit application shall be reviewed, and a decision rendered by the commission.
H. Notice And Reconsideration Procedure:
1. Notice: Once an emergency MOD permit has been approved, the planning and zoning administrator shall within two (2) business days post notice on the property of such approval and mail notice to property owners within three hundred feet (300') and two thousand feet (2,000') down gradient of the exterior boundaries of the subject property.
2. Reconsideration: The applicant may appeal the decision per Section 9-15-3 of this title.
(Ord. 170, 3-13-2024)