The purpose of the overlay districts is to carry out comprehensive plan and community, subarea or neighborhood plan policies that seek to minimize hazards, preserve unique natural resources and/or identify special opportunities for achieving public benefits by allowing or requiring alternative uses and development standards that differ from the general provisions of this title. Overlay districts are generally applied to a group of individual properties or an entire community, subarea or neighborhood planning area and are designated primarily through the area zoning process. (Ord. 501, 11-18-2008)

Overlay districts are established to permit limited special use activities which are subject to additional limitations and restrictions. Land within an overlay district is also subject to the provisions of the underlying zoning district. Where overlap exists between the standards of the overlay district and those of the underlying zone, the more stringent standards shall be applied. The following overlay district designations and zoning map symbols are adopted:

   TABLE 5-1

   OVERLAY DISTRICT DESIGNATIONS

 

 

(Ord. 501, 11-18-2008)

   (Reserved) (Ord. 501, 11-18-2008)

The airport overlay district is established for the purpose of preventing the creation or establishment of "airport hazards", as defined in section 12-801 of this title, or where such hazards are already created or established, eliminating, removing, altering, mitigating, marking or lighting such airport hazards. The provisions of this subchapter shall be applicable to, but not limited to, conditional use permits, special use permits, variances, preliminary and final plats, lot line adjustments, planned unit developments, zone changes and building location permits or building permits. (Ord. 501, 11-18-2008)

In order to carry out the provisions of this subchapter, there are hereby created and established certain zones for existing and future planned airport conditions as they apply to the Bonner County airport. The zones include all the land lying within the primary zones, approach zones, transitional zones, horizontal zones and conical zones. Such zones are shown on the approved Sandpoint airport master plan 1993-2013, as amended from time to time, which by this reference is incorporated and made a part hereof as if set forth in full. Whenever the zoning map shows zones for future planned airport improvements, the more stringent future planned zones govern. Their limitations and boundaries shall be adapted for present zoning purposes. The various zones are hereby established and defined as follows:

   A.   Utility Runways Nonprecision Instrument Approach Zones: The inner edge of this approach zone coincides with the width of the primary surface and is five hundred feet (500') wide. The approach zone expands outward uniformly to a width of two thousand feet (2,000') at a horizontal distance five thousand feet (5,000') from the primary surface, its centerline being the continuation of the centerline of the runway.

   B.   Transitional Zones: These zones are hereby established as the area beneath the transitional surfaces. These surfaces extend outward and upward at ninety degree (90o) angles to the runway centerline and the runway centerline extended at a slope of seven feet (7') horizontally for each foot vertically from the sides of the primary and approach surfaces to which they intersect in the horizontal conical surfaces.

   C.   Horizontal Zone: The horizontal zone is hereby established by swinging arcs of five thousand feet (5,000') radii from the center of each end of the primary surface of each runway, and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the primary, approach and transitional zones.

   D.   Conical Zone: The conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outward there from the horizontal distance of four thousand feet (4,000'). The conical zone does not include the precision instrument approach zones and the transitional zones. (Ord. 501, 11-18-2008)

Except as otherwise provided in this chapter, no structure or tree shall be erected, altered, allowed to grow or be maintained in any zone created by this chapter to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:

   A.   Utility Runway Nonprecision Instrument Approach Zone: Slopes upward twenty feet (20') horizontally for each one foot (1') vertically beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of five thousand feet (5,000') along the extended runway centerline.

   B.   Transitional Zones: Slopes upward and outward seven feet (7') horizontally for each one foot (1') vertically beginning at the sides of and at the same elevation as the primary surface and the approach zones, and extending to a height of one hundred fifty feet (150') above the airport elevation, the airport elevation which is two thousand one hundred twenty six feet (2,126') above mean sea level. In addition to the foregoing, there are established height limits sloping upward and outward seven feet (7') horizontally for each one foot (1') vertically beginning at the sides of and at the same elevation as the approach zones, and extending to the intersection with the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, height limits sloping upward and outward seven feet (7') horizontally for each one foot (1') vertically shall be maintained beginning at the sides of and at the same elevation as precision instrument runway approach surface, and extending to a horizontal distance of five thousand feet (5,000') measured at ninety degree (90o) angles to the extended runway centerline.

   C.   Horizontal Zone: One hundred fifty feet (150') above the airport elevation or a height of two thousand two hundred seventy six feet (2,276') above mean sea level.

   D.   Conical Zone: Slopes upward and outward twenty feet (20') horizontally for each one foot (1') vertically beginning at the periphery of the horizontal zone and at one hundred fifty feet (150') above the airport elevation and extending to a height of three hundred fifty feet (350') above the airport elevation.

   E.   Restrictive Limitation Prevails: Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail. (Ord. 501, 11-18-2008)

   A.   Notwithstanding any other provisions of this subchapter, no use may be made of land or water within any zone established by this subchapter in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport or otherwise in any way create a hazard or endanger the landing, takeoff or maneuvering of aircraft intending to use the Sandpoint airport.

   B.   No change shall be made in the use of land and no structure or tree shall be erected, altered, planted or otherwise established in any zone hereby created unless in conformance with this subchapter.

   C.   No use or structure shall be established that would allow the creation of an "airport hazard", as defined in section 12-801 of this title, or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than the hazard was on the effective date hereof, or any amendments thereto. (Ord. 501, 11-18-2008)

   A.   The regulations prescribed by this subchapter shall not be construed to require the removal, lowering or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date hereof, or otherwise interfere with the continuance of a nonconforming use. Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date hereof, and is diligently prosecuted; provided, further, that nothing contained herein shall restrict or otherwise interfere with the use of North Boyer Avenue by vehicular traffic.

   B.   Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the chairperson of the board to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport hazards. Such markers and lights shall be installed, operated and maintained at the expense of the county.

   C.   Nonconforming uses are subject to the provisions for nonconforming uses as set forth generally in this title. (Ord. 501, 11-18-2008)

   A.   Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property not in accordance with the regulations prescribed in this chapter, may apply for a variance from such regulations, the procedure for variances as set forth generally in this title.

   B.   However, a tree or structure of less than forty five feet (45') of vertical height above the ground is permitted in the horizontal and conical zones or in any approach and transitional zones beyond a horizontal distance of four thousand two hundred feet (4,200') from each end of the runway, except when such tree or structure, because of terrain, land contour or topographic features, would extend above the height limit prescribed for the respective zone.

   C.   Any variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and be reasonable in the circumstance, be so conditioned as to require the owner of the structure or tree in question to permit the county, at the owner's expense, to install, operate and maintain thereon such markers and lights as may be deemed necessary by the Bonner County airport commission or other appropriate agencies as necessary to indicate to pilots the presence of an "airport hazard", as defined in section 12-801 of this title.

   D.   Variance applications required by this chapter are to be submitted by applicant to the Bonner County planning department for review by the:

      1.   Bonner County airport commission for its review and recommendation;

      2.   Federal aviation administration; and

      3.   Other appropriate agencies as necessary. (Ord. 501, 11-18-2008)

The wellhead protection overlay district is established for the purpose of protecting public water supply wells or springs from contamination by land use activities occurring or which may occur within the delineated recharge areas for such wells or springs. (Ord. 501, 11-18-2008)

There is hereby created a wellhead protection overlay district within Bonner County, the boundaries of which shall be established by the procedures and according to the criteria set forth in this subchapter. The provisions of this subchapter shall only be applicable within a properly established wellhead protection overlay district; provided, further, that no existing lawful use shall be affected by this title, but such uses will be governed by subchapter 3.4 of this title, nonconforming uses and structures, as amended. The requirements of this subchapter shall be deemed to be cumulative and supplementary to those of any underlying zone district. Whenever a conflict between the provisions of this subchapter and the underlying zone district exist, the more stringent requirements shall apply. (Ord. 501, 11-18-2008)

For the purposes of this subchapter, a wellhead protection overlay district shall only be established where a direct relationship exists between the overlay district and a well or spring serving a public water system which serves ten (10) or more connections or twenty five (25) or more of the same persons for at least six (6) months of the year, whether such public water system is publicly or privately owned or operated. (Ord. 501, 11-18-2008)

The following persons or entities may apply for lands to be designated as a wellhead protection overlay district:

   A.   The owner of any well as set forth at section 12-532 of this subchapter; or

   B.   Any incorporated municipality, water district, water and sewer district, recreational water district or homeowners' association which is the primary user of any well as set forth at section 12-532 of this subchapter. (Ord. 501, 11-18-2008)

Scientific studies conducted by hydrogeologists, licensed geologists or licensed professional engineers shall be provided, and such studies shall include, but are not limited to, calculations and modeling to include zone III mixing water flow, transmissivities, effective porosity, regional and local hydraulic gradients, depth to saturated zones, aquifer saturated zones, aquifer saturated thickness, boundary conditions, degree of confinement and recharge areas as appropriate to develop time of travel boundaries. The United States environmental protection agency methodology, "Wellhead Protection Area (WHPA) Delineation Code, Version 2.1", by Blandford and Huyakorn, April 1992, or equivalent, shall be used for calculating and modeling time of travel boundaries. The following shall constitute the boundaries for the wellhead protection overlay district:

   TABLE 5-2

   OVERLAY DISTRICT BOUNDARIES

 

 

(Ord. 501, 11-18-2008)

The following table 5-3 identifies uses of special concern in the wellhead protection overlay district. Uses identified with a "C" are conditional, and uses not identified as conditional are prohibited. Uses listed in table 5-3 are subject to either the standards set forth in this subchapter or to the standards set forth in the underlying zone, whichever is more stringent. Uses not listed in table 5-3 are subject to the standards set forth in the underlying zone. Standards associated with particular uses are identified by numbers and are listed below the table.

   TABLE 5-3

   USES IN THE WELLHEAD PROTECTION OVERLAY DISTRICT

 

Standards:

   1.    Where fuel, chemicals, fertilizer, solvents, pesticides, waste oils and other similar petroleum products or byproducts, leachates or other detrimental materials and/or wastewater discharge pose a proximate threat to groundwater as determined by the Panhandle health district and/or state of Idaho.

   2.    "Commercial", for purposes of this section, shall be defined as "activities designed for the market; relating to commerce; viewed with regard to profit; or supported by advertisement", excluding "home occupations", as defined in section 12-808 of this title.

(Ord. 501, 11-18-2008)

   A.   Within an established wellhead protection overlay district, and subject to the provisions of this subchapter, the performance and conditional use standards listed in subchapter 2.2 and chapter 4 of this title, respectively, and the requirements of the underlying zone district, the following uses are prohibited or require conditional use permit issuance. Uses not listed within this section that are listed as permitted uses within the underlying zone district are subject to the provisions of that district, together with the performance standards listed in chapter 4 of this title. Uses not listed within this section that are listed as conditional uses within the underlying zone district are subject to the provisions of that district, together with the performance and conditional use standards listed in subchapter 2.2 and chapter 4 of this title, respectively.

   B.   In addition to the performance and conditional use standards listed in subchapter 2.2 and chapter 4 of this title, respectively, and the requirements of the underlying zone district, uses requiring conditional use permit issuance are subject the following:

      1.   Prior to conditional use permit issuance, the applicant shall demonstrate to the satisfaction of the Panhandle health district and/or state of Idaho pursuant to applicable standards and appropriate practices that, where applicable, fuel, chemicals, fertilizer, solvents, pesticides, waste oils and other similar petroleum products or byproducts, leachates or other detrimental materials and/or wastewater discharge shall not pose a proximate threat to groundwater. The applicant shall provide to the planning department written verification from the Panhandle health district and/or state of Idaho confirming implementation of Panhandle health district and/or state of Idaho requirements.

   C.   Where all "urban services", as defined in section 12-821 of this title, are not available, the minimum lot or parcel size for divisions of land within an established wellhead protection overlay district shall be five (5) acres. Exception: cluster lots in a conservation subdivision may be less than five (5) acres, provided the overall subdivision density does not exceed one dwelling unit per five (5) acres. (Ord. 501, 11-18-2008)

An application for wellhead protection overlay district shall include all of the items required for zone changes in subchapter 2.1 of this title, and shall be accompanied by the fee for a zone change as set forth at section 12-265 of this title, and shall additionally include:

   A.   The names of the applicants and documentation that the applicants meet the criteria set forth at section 12-533 of this subchapter;

   B.   The scientific study completed for the proposed wellhead protection area, meeting the requirements of section 12-534 of this subchapter, and additional copies of said study as determined by the planning director;

   C.   A map at a scale of one inch to four hundred feet (1" = 400'), showing the proposed boundaries of zones IA, IB, II and III, as appropriate, and depicting individual lots or parcels, property ownership, and existing zoning within the boundaries;

   D.   A map at a scale of one inch to four hundred feet (1" = 400'), showing the proposed boundaries of zones IA, IB, II and III, as appropriate, and depicting lot or parcel boundaries, and significant features to include, but not limited to, existing wells (identifying any public water supply wells); existing springs; existing roads; existing gravel pits or other mining operations; existing above or belowground fuel storage tanks; and any existing land uses which may constitute a significant, potential contamination source for groundwaters.

   E.   A public information/public awareness plan specifying how and when the applicant will notify landowners within the wellhead protection overlay district of ways to promote groundwater protection.

   F.   A management plan identifying high risk activities that may pose a proximate threat to groundwater and ways to mitigate those threats.

   G.   A contingency plan identifying an alternate water source for the applicant and the method of procuring that source, financially and technically, in the event of closure of the subject well or spring.

   H.   A program establishing, at a minimum, annual subject well or spring water testing; voluntary water testing of private wells located within the established overlay district; and a method of notifying at minimum landowners within the wellhead protection overlay district of testing results.

   I.   Written documentation verifying that the applicant has invited public participation from, at a minimum, landowners within the wellhead protection overlay district. (Ord. 501, 11-18-2008)

The procedure for the addition of a wellhead protection overlay district shall be as set forth for zone changes generally in this title. (Ord. 501, 11-18-2008)

In addition to the standards for zone changes generally, as set forth in this title, the following standards shall be applicable to any application for a wellhead protection overlay district:

   A.   There is a need to protect and preserve clean drinking water supplies for current and future residents.

   B.   There is a potential for groundwater contamination of current and potential land uses within the proposed overlay district.

   C.   There is not a potential for significant loss of use of properties not owned by the applicant through the restrictions imposed by the proposed overlay district.

   D.   There are reliable data upon which the zone district boundaries have been proposed. (Ord. 501, 11-18-2008)

(Reserved) (Ord. 501, 11-18-2008)