The recreation development district is a special use district designated to guide recreation development adjacent to specific recreational access points and to provide for public facilities when located adjacent to residentially zoned lands. (Ord. 98-6, 7-7-1998; Ord. 77-5, 3-28-1977, eff. 4-7-1977)
9-13-2: DEFINITIONS:
The following terms are defined:
PRIMARY RECREATION DEVELOPMENT: Those facilities and structures directly related to use of the specific recreational resource.
RECREATION DEVELOPMENT PLAN: A master plan consisting of both a short term plan and a long term plan.
Long Term Plan: The long term plan shall present nondetailed plans of logical maximum development within the district.
Short Term Plan: A short term plan must specify all development planned within the following three (3) years.
SECONDARY RECREATION DEVELOPMENT: Those facilities or structures not vital to use of the specified recreational resource, but justified by their relation to the recreational resource itself and primary recreational development. (Ord. 77-5, 3-28-1977, eff. 4-7-1977)
9-13-3: DEVELOPABLE DENSITY:
There is no base density assigned for this district. The board may, after considering the recommendation of the commission, allow whatever developable density it deems justifiable in relation to the recreation resource and primary recreational development; provided, however, that the total developable density within this district shall never exceed one unit for one-fourth (1/4) acre. (Ord. 77-5, 3-28-1977, eff. 4-7-1977)
9-13-4: SUBMISSION AND CONTENTS OF A PLAN:
A. Recreation Development Plan:
1. Description Of Plan: The developer(s) shall describe the recreation resource itself, together with present and potential utilization. The recreation development plan shall include a short term plan and a long term plan and distinguish between anticipated primary and secondary recreational development.
2. Review By Administrator: The administrator shall review all recreation development plan applications for conformance to this title, as amended, and the county comprehensive plan. The administrator may refer recreation development plan applications to the county engineer for technical review and local, state or federal agencies as deemed appropriate by the administrator, based upon the proposed use and the potential impact on ground water, potable water sources, infrastructure, and agencies' ability to provide public services. Such review shall be at the applicant's expense and shall be paid by the applicant prior to public hearing.
B. Public Facility: A conditional use permit shall be required for a public facility. The submittal requirements for a conditional use permit application shall be as specified in subsections 9-25-2A and F of this title.
C. Wireless Communication Facilities: A conditional use permit shall be required for wireless communication facilities (see section 9-3-16 of this title). (Ord. 2006-13, 10-26-2006; Ord. 2001-10, 10-1-2001; Ord. 98-6, 7-7-1998; Ord. 93-6, 7-19-1993; Ord. 77-5, 3-28-1977, eff. 4-7-1977)
9-13-5: CERTIFICATION; PUBLIC HEARING AND NOTIFICATION:
A. Certification Of Application: Upon receipt of the plan and all other required data, the administrator shall certify the application as complete and affix the date of application acceptance thereon.
B. Hearing Scheduled: Allowing sufficient time to conduct a site visit and write staff reports, the administrator shall then schedule the plan for the commission's next available hearing time wherein the legal notice requirements can be met. If no regular meeting time is available within one hundred eighty (180) days of certification, the administrator shall call a special commission meeting to be held not more than three (3) weeks after the end of the one hundred eighty (180) days, to hear the application.
C. Notice Of Hearing: Notice of the time, date and place of hearing shall be as set forth in subsection 9-25-4C of this title. (Ord. 98-6, 7-7-1998; Ord. 95-2, 3-6-1995; Ord. 77-5, 3-28-1977, eff. 4-7-1977)
9-13-6: ACTION BY COMMISSION:
A. Recreation Development Plan: The commission shall consider the development plan and take public input at a duly noticed public hearing as set forth hereinabove. The commission shall recommend approval, conditional approval or disapproval, making appropriate findings to support its decision.
B. Public Facility Conditional Use Permit Application: Action by the commission shall be as specified in section 9-25-5 of this title.
C. Continuance Of Hearing: The commission may order the hearing to be continued up to thirty one (31) 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 one (31) days shall require further published notice, according to section 9-13-5 of this chapter. The commission shall adopt its written findings of fact and recommendation on a recreation development plan or its written findings of fact and decision on a public facility conditional use permit application within thirty one (31) days after the decision by the commission.
D. Factors To Be Considered:
1. For a recreation development plan: The commission shall include any conditions of approval, recommendations for change of the plan or reasons used in coming to its decision. Factors that must be addressed by the commission and board in evaluating a proposed plan include:
a. The proposed development and its relationship to the specified recreation resource. The proposed development shall not degrade the recreation resource.
b. The design of transportation facilities shall ensure minimum impact on existing and proposed development, topography and vegetation.
c. The quality of site design and planning demonstrated and the extent that the plan preserves existing natural features, including air and water quality.
d. Secondary development will not adversely affect utilization of the recreation resource.
e. The impact of the proposed uses on potable water sources.
2. For a public facility conditional use permit: The standards of evaluation shall be as set forth in section 9-25-3 of this title. The commission may attach conditions of approval as specified in subsection 9-25-5A of this title. (Ord. 2006-13, 10-26-2006; Ord. 98-6, 7-7-1998; Ord. 95-2, 3-6-1995; Ord. 77-5, 3-28-1977, eff. 4-7-1977)
9-13-7: NOTIFICATION BY ADMINISTRATOR:
The administrator shall give the applicant written notice of the commission's recommendation on a recreation development plan or its written findings of fact and decision on a public facility conditional use permit application within ten (10) days after the commission has signed written findings of fact and decision. (Ord. 98-6, 7-7-1998; Ord. 95-2, 3-6-1995; Ord. 77-5, 3-28-1977, eff. 4-7-1977)
9-13-8: ACTION BY BOARD:
A. Public Hearing: The board shall hold a public hearing on a proposed recreation development plan at its earliest convenience. Public notice of the time and place of this hearing shall be published in a newspaper of general circulation at least fifteen (15) days in advance.
B. Commission's Recommendation: At its next regular meeting after the hearing, the board shall approve, disapprove or modify the commission's recommendation on a proposed recreation development plan. If the board disapproves the commission's recommendation, it shall give the reasons used to come to that decision. (Ord. 98-6, 7-7-1998; Ord. 77-5, 3-28-1977, eff. 4-7-1977)
9-13-9: RESUBMITTAL:
No recreation development plan which has been denied by the board or withdrawn by the applicant shall be resubmitted within less than one year from the date of final action thereon. (Ord. 77-5, 3-28-1977, eff. 4-7-1977)
Blaine County Unincorporated City Zoning Code
CHAPTER 13
RECREATION DEVELOPMENT DISTRICT RD
9-13-1: PURPOSE:
The recreation development district is a special use district designated to guide recreation development adjacent to specific recreational access points and to provide for public facilities when located adjacent to residentially zoned lands. (Ord. 98-6, 7-7-1998; Ord. 77-5, 3-28-1977, eff. 4-7-1977)
9-13-2: DEFINITIONS:
The following terms are defined:
PRIMARY RECREATION DEVELOPMENT: Those facilities and structures directly related to use of the specific recreational resource.
RECREATION DEVELOPMENT PLAN: A master plan consisting of both a short term plan and a long term plan.
Long Term Plan: The long term plan shall present nondetailed plans of logical maximum development within the district.
Short Term Plan: A short term plan must specify all development planned within the following three (3) years.
SECONDARY RECREATION DEVELOPMENT: Those facilities or structures not vital to use of the specified recreational resource, but justified by their relation to the recreational resource itself and primary recreational development. (Ord. 77-5, 3-28-1977, eff. 4-7-1977)
9-13-3: DEVELOPABLE DENSITY:
There is no base density assigned for this district. The board may, after considering the recommendation of the commission, allow whatever developable density it deems justifiable in relation to the recreation resource and primary recreational development; provided, however, that the total developable density within this district shall never exceed one unit for one-fourth (1/4) acre. (Ord. 77-5, 3-28-1977, eff. 4-7-1977)
9-13-4: SUBMISSION AND CONTENTS OF A PLAN:
A. Recreation Development Plan:
1. Description Of Plan: The developer(s) shall describe the recreation resource itself, together with present and potential utilization. The recreation development plan shall include a short term plan and a long term plan and distinguish between anticipated primary and secondary recreational development.
2. Review By Administrator: The administrator shall review all recreation development plan applications for conformance to this title, as amended, and the county comprehensive plan. The administrator may refer recreation development plan applications to the county engineer for technical review and local, state or federal agencies as deemed appropriate by the administrator, based upon the proposed use and the potential impact on ground water, potable water sources, infrastructure, and agencies' ability to provide public services. Such review shall be at the applicant's expense and shall be paid by the applicant prior to public hearing.
B. Public Facility: A conditional use permit shall be required for a public facility. The submittal requirements for a conditional use permit application shall be as specified in subsections 9-25-2A and F of this title.
C. Wireless Communication Facilities: A conditional use permit shall be required for wireless communication facilities (see section 9-3-16 of this title). (Ord. 2006-13, 10-26-2006; Ord. 2001-10, 10-1-2001; Ord. 98-6, 7-7-1998; Ord. 93-6, 7-19-1993; Ord. 77-5, 3-28-1977, eff. 4-7-1977)
9-13-5: CERTIFICATION; PUBLIC HEARING AND NOTIFICATION:
A. Certification Of Application: Upon receipt of the plan and all other required data, the administrator shall certify the application as complete and affix the date of application acceptance thereon.
B. Hearing Scheduled: Allowing sufficient time to conduct a site visit and write staff reports, the administrator shall then schedule the plan for the commission's next available hearing time wherein the legal notice requirements can be met. If no regular meeting time is available within one hundred eighty (180) days of certification, the administrator shall call a special commission meeting to be held not more than three (3) weeks after the end of the one hundred eighty (180) days, to hear the application.
C. Notice Of Hearing: Notice of the time, date and place of hearing shall be as set forth in subsection 9-25-4C of this title. (Ord. 98-6, 7-7-1998; Ord. 95-2, 3-6-1995; Ord. 77-5, 3-28-1977, eff. 4-7-1977)
9-13-6: ACTION BY COMMISSION:
A. Recreation Development Plan: The commission shall consider the development plan and take public input at a duly noticed public hearing as set forth hereinabove. The commission shall recommend approval, conditional approval or disapproval, making appropriate findings to support its decision.
B. Public Facility Conditional Use Permit Application: Action by the commission shall be as specified in section 9-25-5 of this title.
C. Continuance Of Hearing: The commission may order the hearing to be continued up to thirty one (31) 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 one (31) days shall require further published notice, according to section 9-13-5 of this chapter. The commission shall adopt its written findings of fact and recommendation on a recreation development plan or its written findings of fact and decision on a public facility conditional use permit application within thirty one (31) days after the decision by the commission.
D. Factors To Be Considered:
1. For a recreation development plan: The commission shall include any conditions of approval, recommendations for change of the plan or reasons used in coming to its decision. Factors that must be addressed by the commission and board in evaluating a proposed plan include:
a. The proposed development and its relationship to the specified recreation resource. The proposed development shall not degrade the recreation resource.
b. The design of transportation facilities shall ensure minimum impact on existing and proposed development, topography and vegetation.
c. The quality of site design and planning demonstrated and the extent that the plan preserves existing natural features, including air and water quality.
d. Secondary development will not adversely affect utilization of the recreation resource.
e. The impact of the proposed uses on potable water sources.
2. For a public facility conditional use permit: The standards of evaluation shall be as set forth in section 9-25-3 of this title. The commission may attach conditions of approval as specified in subsection 9-25-5A of this title. (Ord. 2006-13, 10-26-2006; Ord. 98-6, 7-7-1998; Ord. 95-2, 3-6-1995; Ord. 77-5, 3-28-1977, eff. 4-7-1977)
9-13-7: NOTIFICATION BY ADMINISTRATOR:
The administrator shall give the applicant written notice of the commission's recommendation on a recreation development plan or its written findings of fact and decision on a public facility conditional use permit application within ten (10) days after the commission has signed written findings of fact and decision. (Ord. 98-6, 7-7-1998; Ord. 95-2, 3-6-1995; Ord. 77-5, 3-28-1977, eff. 4-7-1977)
9-13-8: ACTION BY BOARD:
A. Public Hearing: The board shall hold a public hearing on a proposed recreation development plan at its earliest convenience. Public notice of the time and place of this hearing shall be published in a newspaper of general circulation at least fifteen (15) days in advance.
B. Commission's Recommendation: At its next regular meeting after the hearing, the board shall approve, disapprove or modify the commission's recommendation on a proposed recreation development plan. If the board disapproves the commission's recommendation, it shall give the reasons used to come to that decision. (Ord. 98-6, 7-7-1998; Ord. 77-5, 3-28-1977, eff. 4-7-1977)
9-13-9: RESUBMITTAL:
No recreation development plan which has been denied by the board or withdrawn by the applicant shall be resubmitted within less than one year from the date of final action thereon. (Ord. 77-5, 3-28-1977, eff. 4-7-1977)