The A-40 district is established to: a) preserve those lands either presently in agricultural use or having potential for agricultural use (based on soil characteristics, topography, microclimate, the availability of water, the cost of applying adequate water for irrigation and distance from incorporated cities); b) encourage agricultural activities, thereby helping to ensure that commercial agriculture will continue as a long term land use and a viable economic activity within the county; c) preserve natural features and the rural landscape, while allowing very low density, clustered residential development; and d) respect existing features of the rural landscape.

The preferred land use in the A-40 district is agriculture. The district is intended to permit a range of uses related to agriculture, to encourage the preservation of large blocks of farmland, and to permanently conserve tracts of land which remain after permitted residential development has occurred. Residential development shall be permitted only when it is located and designed to minimize its impact on agricultural land, farming operations, and sensitive environmental features and when it is found that the cumulative effect of residential development in the vicinity does not change the character of agriculturally used lands. (Ord. 2006-05, 6-29-2006)

This A-40 district shall only apply to lands designated A-20 prior to July 5, 2006, and that are outside of the urban influence boundaries, as defined in section 9-5-2 of this title, and that are outside of township one north and ranges 18 and 19 (including section 35) east, Boise meridian. (Ord. 2006-05, 6-29-2006)

   A.   Minimum Lot Area: The minimum lot area in a subdivision shall be forty (40) acres, except within an A-40 cluster development when authorized pursuant to Blaine County ordinance 77-6, as amended (subdivision ordinance). The minimum lot area in an A-40 cluster development shall be two and one-half (21/2) acres.

   B.   Maximum Base Density: The maximum base density shall be one dwelling unit per forty (40) acres.

   C.   On A Lot Of Record Between Forty And One Hundred Sixty Acres In Size:

      1.   An additional lot and unit of base density may be permitted in a subdivision.

      2.   The minimum area of any lot shall be twenty (20) acres except as allowed within an A-40 cluster development when authorized pursuant to title 10, chapter 9 of this code.

      3.   The maximum base density shall be one dwelling unit per twenty (20) acres. (Ord. 2006-14, 11-21-2006; Ord. 2006-05, 6-29-2006)

Permitted uses for this A-40 district are limited to the following:

   A.   Use of land for agricultural purposes.

   B.   Open space recreation uses.

   C.   Wildlife reserves.

   D.   Single-family residences. (Ord. 2006-05, 6-29-2006)

The accessory uses for this A-40 District are limited to the following:

   A.   Living quarters for persons employed on the premises; provided, however, that mobile homes/manufactured homes shall be set back at least fifty feet (50') from any property line (100 feet from Highway 75). Living quarters for employees shall be limited to parcels in the A-40 District forty (40) acres or greater in size, up to two (2) units per twenty (20) acres.

   B.   Recreation facilities for private use.

   C.   Accessory dwelling unit (see section 9-3-11 of this title).

   D.   Agricultural related structures and buildings.

   E.   Temporary roadside stands for the sale of agricultural products grown on the premises or as part of an integrated agricultural operation under common management with administrative approval.

   F.   Keeping of riding horses for private use; provided, that at least one-third (1/3) acre of permeable land area is available for each horse.

   G.   Tier 1 home occupations.

Conditional uses for this A-40 District are limited to the following:

   A.   Public or private airfields.

   B.   Animal hospitals.

   C.   Feedlots.

   D.   Public utility installations, not including business offices, repair or storage facilities.

   E.   Temporary use of a mobile home/manufactured homes during construction of a permanent dwelling for a period not to exceed one year. If construction is clearly underway within this first year, this period may be extended for a second year.

   F.   Public campgrounds, when screened or hidden from view from public highways.

   G.   Tier 2 home occupations.

   H.   Permanent use of a mobile home/manufactured homes as a primary residence on a parcel of land at least forty (40) acres lying within the district; provided, that the mobile home be certified by the builder to meet current building standards in effect for the County.

   I.   Agricultural businesses. In determining whether to grant the conditional use and in deciding whether to limit aspects of operation including, but not limited to, hours of operation, size, number of employees, size of sign and other limits as allowed in chapter 25 of this title, agricultural businesses are to be evaluated in terms of their relevance to and need by local agricultural operations; impacts on adjacent agricultural lands in terms of traffic flow, visual and noise pollution, odors and other effects; availability of nearby land already zoned for the proposed business as a permitted use; and other factors listed in chapter 25 of this title.

   J.   Accessory dwelling unit (see section 9-3-11 of this title).

   K.   Group daycare facilities.

   L.   Public works gravel or shale pits and public works asphalt plants.

   M.   Wireless communication facilities (see section 9-3-16 of this title).

Dimensional standards for this A-40 District are the following, except that dimensional standards may be modified in a CD as authorized pursuant to subdivision ordinance 77-6, as amended:

   A.   Maximum Building Height: Thirty five feet (35'), except agricultural buildings, and windmills.

   B.   Minimum Front Yard Setback: One hundred feet (100') on State Highway 75, fifty feet (50') for other major roads and twenty five feet (25') for minor roads.

   C.   Minimum Side And Rear Yard Setback: Twenty five feet (25').

   D.   Minimum Lot Width: Four hundred feet (400').

   E.   Minimum Setback From Wetlands: Within the A-40 District, the minimum setback from all "wetlands" as defined in chapter 19 of this title shall be one hundred feet (100'). There shall be no disturbance within such setback area except for agricultural purposes (see definition). Buildings existing as of July 5, 2006, that do not comply with the wetlands setback may be allowed to expand if they do not extend farther into the wetlands setback than the existing structure. Any other disturbance to wetlands or within the wetlands setback, including driveway crossing or installation of utilities leading to a building site, shall comply with the requirements of chapter 19 of this title and all other County, State and Federal requirements.

   A.   Voluntary Development Rights Transfer: If a property is located within the TDR sending area or other designated A-40 TDR sending area, the property owner shall have the option to voluntarily transfer all or a portion of the maximum permissible density to a designated TDR receiving area pursuant to the provisions of title 10, chapter 10 of this Code.

   B.   Minimum Area: The minimum area of a parcel that may be designated for transfer of development rights shall be one hundred sixty (160) acres except for smaller legal parcels in existence on July 5, 2006, for which the minimum size for a transferring parcel shall be forty (40) acres.

   C.   Maximum Base Density Prior To Transfer: The base density within the TDR sending area shall be one dwelling unit per twenty (20) acres for purposes of calculating the maximum number of development rights to be transferred. The area of all delineated wetlands and wetland setback areas within a sending parcel may be included in calculating maximum base density for purposes of a TDR transfer.

   D.   Site Density After TDR Transfer: After transfer of development rights, the remaining maximum allowable density on the sending parcel shall be one dwelling unit per one hundred sixty (160) acres or fraction thereof. (All fractions below 1/2 shall be rounded down for purposes of calculating maximum number of allowable units on the sending parcel.) For sending parcels less than one hundred sixty (160) acres, the maximum allowable density after transfer shall be one unit regardless of the size of the parcel. An existing dwelling unit on a sending parcel shall be counted against this maximum allowable density. TDR rights shall be retained in order to develop on a sending parcel to match the underlying zoning (For example: 2 TDRS shall be retained to develop one dwelling unit and associated accessory uses in the A-40. 1 TDR shall be retained if developing one dwelling unit and associated accessory uses in the A-20 zoning district). (Ord. 2021-15, 9-21-2021; Ord. 2006-05, 6-29-2006)

   A.   Criteria: Cluster developments (CDs) shall be allowed in the A-40 District if the parent tract is located within one mile of a paved State, Federal, or County road or a paved road constructed to County standards in existence as of July 5, 2006; and if they meet the criteria set forth in section 10-9-6, "Density, Lot, And Development Standards", of this Code.

   B.   Minimum Lot Area: The minimum lot area in an A-40 CD shall be two and one-half (21/2) acres.

   C.   Maximum Number Of Lots In A Cluster Tract: The maximum number of lots in an A-40 CD cluster tract shall be five (5) except if the standards set forth in subsection 10-9-6D4 of this Code are met.

   D.   Density Bonus In A CD: One primary residential dwelling unit (and any accessory employee housing as otherwise permitted) shall be allowed within any parent tract of an A-40 CD in addition to the base density. (Ord. 2006-05, 6-29-2006)