Boundary County Unincorporated
City Zoning Code

Board of County Commissioners.

All Boundary County property owners have the right to make application for a zone map amendment subject to the standards established herein so as to amend the zoning of individual parcels or lots to allow subsequent establishment of a proposed use which would not conform to existing zoning; and all citizens of Boundary County have the right to make application for a zone map amendment affecting a specific area or region in which no specific use is identified but wherein such zone amendment would better serve those property owners affected.

When a petition, bearing the printed name, mailing address, telephone number and signature of twenty or more Boundary County citizens or property owners is submitted requesting to amend the zoning of any lands within the jurisdiction of this ordinance, the petition shall be considered a Legislative Zone Map Amendment pursuant to Section 18.2, and no fee shall attach to such petition. When such petition is submitted, they whose name, address and signature appear will all be included for the purpose of public notification.

Where a quasi-judicial zone map amendment would be necessary for the establishment of a specific use, the property owner or developer and the board of county commissioners may enter into a development agreement governing the use of the subject parcel(s).

During the course of developing legislation as defined herein, the planning and zoning commission and the board of county commissioners may convene workshop sessions as needed to allow the gathering and dissemination of data and information, for reviewing, discussing and editing proposed legislation or amendment, or other such activities which cannot be effectively accomplished during regular meetings or at public hearing. Workshops are conducted with less formality than regular meetings or public hearings, but the following provisions apply:

A proposed development agreement will be in writing, prepared by the applicant and submitted at the time application for zone map amendment is made, providing at minimum the legal descriptions of the lots or parcels affected, a detailed description of the use proposed, a site plan depicting the location of all structures, roads, parking areas and other salient features and a timeline for development. The proposed development agreement will be considered as part of the application through the public hearing process. In making a recommendation to county commissioners, the planning and zoning commission may also recommend amendments to the development agreement.

The board of county commissioners has sole authority to approve a development agreement as a condition of amending the zone map, and may dictate the final form of the agreement before a zone map amendment is approved. Before approving a development agreement, commissioners will establish a set duration of the agreement of not less than five years.

On approval, a copy of the development agreement, signed by the property owner and the chairman of the board of county commissioners, will be recorded with the Boundary County clerk of court. When a development agreement is approved and recorded as a condition of zone map amendment, that agreement will become the controlling document for the use of the parcel(s), binding on the property owner and any subsequent owner for the duration of the agreement beginning on the effective date of the ordinance amending the zone map.

It shall be the responsibility of the applicant, using forms provided by the administrator, to provide sufficient information, detail and data so as to demonstrate to the recommending and deciding bodies that the proposed zoning is compatible with the land to which it is proposed to attach, and that uses allowed thereon will not impose undue adverse effects on established uses in the area or undue burden on the provision of public services, including public schools.

Upon receipt of a completed application for a zone map amendment, along with applicable fee, the administrator will schedule public hearing on the next available agenda of the planning and zoning commission, allowing for public notification. At least one week prior to the scheduled date of the hearing, the administrator will mail copies of the application and any public comment received to the members of the commission, along with a staff analysis which shall:

The planning and zoning commission will hold public hearing on the proposed amendment, and, based on materials in the application, the staff analysis and testimony presented in writing and during public hearing, hold discussion to develop reasoned findings to support a recommendation.

Upon receipt of findings and recommendation, the administrator will schedule public hearing on the next available agenda of the board of county commissioners, allowing time for public notification. The board of county commissioners will hold public hearing on the proposed zone map amendment, and, based on the findings and recommendation of the commission, materials in the application, the staff analysis and testimony presented in writing and during public hearing, hold discussion to consider the provisions of this ordinance and the comprehensive plan so as to develop reasoned findings to support a decision. The board will not be bound by the recommendation of the planning and zoning commission, but may, if the same conclusion is reached, adopt or incorporate their findings.

To establish a process by which the text of the Boundary County Comprehensive Plan or the Comprehensive Plan Map may be amended so as to remain current with changing factual data and conditions, and to allow adaptation to unforeseen and unanticipated land use trends.

Amendments to the Comprehensive Plan or the Comprehensive Plan Map may be initiated by the board of county commissioners, the planning and zoning commission or by any interested citizen, however, the planning and zoning commission will bear the responsibility, pursuant to IC 67-6509, of considering the proposed amendment so as to determine whether the amendment meets desirable land use goals and objectives and serves the public interest.

Requests for Comprehensive Plan or Comprehensive Plan Map amendments will be made on forms provided by the administrator, specifying the person or agency requesting the amendment, to include mailing address and telephone number, the section of the plan to be amended, the proposed language and the rationale for the amendment.

Upon receipt of a request for amendment of the comprehensive plan or map, the administrator will provide copies to each member of the planning and zoning commission and schedule discussion of the proposal on the next available regular meeting agenda. During discussion, the person or agency making the request will have the opportunity to present their case, and the planning and zoning commission will determine whether the proposal may be reasonable and necessary and whether further consideration is warranted.

The Comprehensive Plan review will consist of a thorough examination of the entire content of the plan by interested citizens and the planning and zoning commission to determine whether the plan remains a valid representation of the goals and desires of the majority of participants in guiding land use. Such review shall be conducted at least once every ten (10) years, or whenever the board of county commissioners determine that such review is necessary in the face of changing conditions. If the planning and zoning commission determines that review is necessary, they may forward to county commissioners recommendation that the Comprehensive Plan Review be conducted.

At least one year prior to the tenth anniversary of the date of adoption of the existing Comprehensive Plan, or whenever so directed by the board of county commissioners, the administrator will initiate the following procedure:

Upon receipt of a recommendation of adoption from the planning and zoning commission, the administrator will provide copies as proposed to each member of the board of county commissioners and allow at least 30 days for their review. After the review period ends, the administrator will schedule meeting on the next available agenda to allow discussion of concerns and a decision either to remand the plan back to the planning and zoning commission for further refinement or to proceed to public hearing.

Upon decision to proceed to public hearing, the administrator will schedule public hearing before the board of county commissioners, allowing for public notification pursuant to IC 67-6509 and Section 19, this ordinance. Following public hearing, the board may:

Upon amendment or adoption, the Comprehensive Plan and Comprehensive Land Use Map will be recorded with the Clerk of Court.

Amendments to the Zoning and Subdivision Ordinance may be initiated by the board of county commissioners, the planning and zoning commission, the administrator or by any interested citizen, however, the planning and zoning commission will bear the responsibility of determining whether the proposed amendment meets the goals and objectives of the Comprehensive Plan and serves the public interest.

To establish procedures by which the zone district designation of large tracts or areas of Boundary County involving multiple property ownership may be amended to adapt to changing conditions or to more closely conform to the goals and objectives of the Comprehensive Plan and the Comprehensive Land Use Map.

Legislative amendments to the Zone District Map may be initiated by the board of county commissioners, the planning and zoning commission, the administrator or by any interested citizen by petition as specified in Section 18.3, however, the planning and zoning commission will bear the responsibility of determining whether the proposed amendment meets the goals and objectives of the Comprehensive Plan and serves the public interest.

Upon receipt of a request for legislative amendment of the zone map, the administrator will provide copies to each member of the planning and zoning commission and schedule discussion of the proposal on the next available agenda. During discussion, the person or agency making the request will have the opportunity to present their case, and the planning and zoning commission will determine whether the proposal may be reasonable and necessary and whether further consideration is warranted.

Upon receipt of a recommendation from the commission, the administrator will schedule public hearing before the board of county commissioners and public notification made pursuant to IC 67-6509 and Section 19, this ordinance. After conducting at least one public hearing, the board may:

Workshops will be conducted as special meetings in accordance with Idaho’s Open Meeting Law, included on the applicable agenda and be posted outside the Planning and Zoning Office at least five (5) days prior to the workshop.

Written minutes will be kept and made available to the public within a reasonable time following the workshop.

At planning and zoning commission workshops, no quorum will be required provided at least one planning and zoning commission member and a member of staff are present and that no final actions are taken or motion called.

At planning and zoning commission workshops, members of the public may be allowed to participate, provided notice so states.

All work performed during workshops will be legislative and subject to subsequent public hearing.

In the event a property owner or any subsequent owner fails to establish a use according to an approved development agreement within two years of the effective date of the agreement, the development agreement will be deemed to lapse and the property will revert to the zoning it held prior to the zone map amendment.

Upon conclusion of the duration of the agreement, the development agreement will terminate and the zoning will become permanent and open to all uses afforded that zone.

Summarize the proposed amendment and, if applicable, the specific use proposed by the application, including the type use should the amendment be approved.

Establish the specifics of the site or area on which amendment is proposed, to include parcel number(s), legal description, existing zone district designation, parcel size, surrounding zone district designations, and surrounding general land uses.

Identify any overlay, hazardous area or special site affected by the amendment proposal.

Include a listing of the provisions of this ordinance applicable to the amendment proposed.

Provide an analysis of applicable provisions of the Comprehensive Plan.

Include a listing of options available to the planning and zoning commission in rendering a recommendation on the application.

Upon conclusion of public hearing and based upon discussion held, the planning and zoning commission may, by motion and majority vote:

Upon conclusion of public hearing and based upon discussion held, the board may, by motion and majority vote:

If it is determined by the planning and zoning commission that the amendment is not reasonable or necessary, it may disapprove the request, providing the applicant written findings supporting the decision.

If it is determined by the planning and zoning commission that the proposed amendment may be reasonable or necessary but that further refinement is needed, the administrator will be directed to schedule further discussion on the next available agenda or arrange scheduling and location for workshop(s).

If it is determined by the commission that the amendment may be reasonable or necessary as drafted, the administrator will be directed to schedule public hearing on the next available agenda providing for public notification process pursuant to IC 67-6509.

After conducting at least one public hearing, the commission may:

Upon receipt of a recommendation from the planning and zoning commission, the administrator will set public hearing before the board of county commissioners providing for public notification pursuant to IC 67-6509. After conducting at least one public hearing, the board may:

Upon adoption of a comprehensive plan amendment, a copy of the amendment and resolution will be recorded with the Clerk of Court.

Schedule discussion of the comprehensive plan review process with the board of county commissioners so as to establish budget.

Schedule discussion of the comprehensive plan review process on at least one planning and zoning commission meeting agenda so as to develop strategy and timelines for the conduct of the Comprehensive Plan review.

Schedule a series of public informational meetings regarding the process at various central locations throughout the county so as to invite and encourage the highest level of public participation, allowing sufficient time to publicize the meetings and the process using all available local media and informational resources available. The administrator or designated representative will attend and moderate each meeting, and at least one member of the planning and zoning commission or board of county commissioners will be in attendance. All interested parties, including members of the commission and the board, will be encouraged to attend, and a contact list of all citizens interested in participating in the review process will be maintained.

Assign citizen committees, each chaired by a member of the planning and zoning commission, who will serve as moderator, to examine each component of the Comprehensive Plan as required at IC 67-6508. If new components have been added by the legislature that are not part of the plan being reviewed, committees will be formed to gather factual data pertinent to each from which to draft that component.

Schedule a series of committee workshops so as to thoroughly analyze each factual component of the Comprehensive Plan as required at IC 67-6508, as well as to consider additional components that may be necessary or desirous. Each committee will gather factual data pertinent to each component to determine whether the existing plan remains current. If so, the committee will recommend, in writing, that the component studied should be retained. If not, the committee will proceed to draft an amended component so as to reflect current conditions. Work will be publicized to the greatest extent possible so as to keep the public informed of progress and direction and to encourage continued participation, and the board of county commissioners will be kept informed of progress through regularly scheduled meetings with the administrator.

Upon conclusion of review of their component, each committee will examine their section in the Implementation component so as to ascertain that the goals and objectives enunciated remain valid. If so, the committee will recommend, in writing, that the current provisions be retained. If not, the committee will draft a recommended amendment.

When each committee has completed work on their specific component, a series of workshops involving all participants will be scheduled to examine the Comprehensive Plan in its entirety, to include the Land Use component, the Implementation component and the Comprehensive Land Use Map, until the majority of members are satisfied that the current Comprehensive Plan remains valid and desired or that a new proposed draft represents their best effort. The entire committee may:

Upon conclusion of the above process, the administrator will schedule presentation of the committee recommendation on the next available agenda of the planning and zoning commission, and the commission, by motion and majority vote, will elect whether to conduct additional workshops to further refine the proposed Comprehensive Plan or to proceed to public hearing as drafted.

The planning and zoning commission will hold at least one (1) public hearing on the committee’s recommendation, following public notification as required at IC 67-6509 and Section 19, this ordinance. Following public hearing, the commission may:

Retain the existing Comprehensive Plan and Comprehensive Plan Map by resolution adopted.

Amend the existing Comprehensive Plan and Comprehensive Plan Map by resolution. In the event the Comprehensive Plan or Comprehensive Plan Map is amended, county commissioners will direct the planning and zoning commission to review the zoning and subdivision ordinance and zoning map to recommend amendments or redrafting to meet the goals and objectives of the amended comprehensive plan.

Repeal the existing Comprehensive Plan and Comprehensive Plan Map and adopt a new Comprehensive Plan and Comprehensive Plan Map by resolution. In the event the Comprehensive Plan or Comprehensive Plan Map is repealed and a new plan and map approved, county commissioners will direct the planning and zoning commission to review the zoning and subdivision ordinance and zoning map to recommend amendments or redrafting to meet the goals and objectives of the adopted comprehensive plan and comprehensive plan map.

Table the proposal so as to further refine the proposed plan, to include the comprehensive land use map, in regular meeting or workshop. Additional public hearings will be held until a majority of county commission members, by motion and vote taken, are satisfied that the proposed Comprehensive Plan represents their best effort in expressing the interests of the community, at which time the current Comprehensive Plan shall be amended or repealed and the new Comprehensive Plan and Comprehensive Plan Map shall be adopted by resolution.

Requests for amendments of this ordinance will be made on forms provided by the administrator, specifying the person or agency requesting amendment, to include mailing address and telephone number, the provisions to be considered, the language proposed and the rationale or purpose for the amendment. Proposals should cite appropriate Comprehensive Plan provisions that support the request.

receipt of a request for amendment of this ordinance, the administrator will provide copies to each member of the planning and zoning commission and schedule discussion of the proposal on the next available agenda. During discussion, the person or agency making the request will have the opportunity to present their case, and the commission will determine whether the proposal may be reasonable and necessary and whether further consideration is warranted.

Upon receipt of a recommendation from the planning and zoning commission, the administrator will schedule public hearing before the board of county commissioners and public notification will be made pursuant to IC 67-6509 and Section 19, this ordinance.

Requests for legislative amendments of zoning map will be made on forms provided by the administrator, specifying the person or agency requesting amendment, to include mailing address and telephone number, a map showing the areas proposed for amendment and the proposed zoning, and a narrative explaining why the amendment is necessary. Proposals should cite appropriate Comprehensive Plan provisions that support the request.

It will be the responsibility of the administrator to determine whether the proposed amendment is legislative or quasi-judicial.

If it is determined by the planning and zoning commission that the amendment is not reasonable or necessary, it may disapprove the request, providing written findings supporting the decision.

If it is determined by the planning and zoning commission that the proposed amendment may be reasonable or necessary but that further refinement is needed, the administrator will be directed to schedule further discussion on the next available agenda or arrange scheduling and location for workshop(s).

If it is determined by the planning and zoning commission that the amendment may be reasonable or necessary as presented, the administrator will be directed to schedule public hearing pursuant to IC 67-6509 and Section 19, this ordinance.

After conducting at least one public hearing, the planning and zoning commission may:

Approve the amendment as presented by ordinance adopted.

Approve the amendment as changed by the board of county commissioners by ordinance adopted.

Disapprove the request for amendment, providing written findings supporting the decision.

Table the proposal for further amendment or refinement, directing the clerk to schedule time on the regular meeting agenda. At the conclusion of such work, at least one (1) additional public hearing will be held prior to a decision being rendered.

Forward to the board of county commissioners a recommendation to approve the zone map amendment and direct staff to prepare written findings and recommendation, enunciating findings on each separate component of the comprehensive plan, when it is determined that the proposal meets the criteria established herein and the criteria established in the Comprehensive Plan. At the discretion of the planning and zoning commission, final action may be tabled until the next regular meeting to allow review and approval of the findings and recommendation.

Forward to the board of county commissioners a recommendation that the amendment application be disapproved, directing staff to prepare written findings and recommendation, enunciating findings on each separate component of the Comprehensive Plan, when it is determined that the proposal does not meet the criteria established herein or the criteria established in the Comprehensive Plan. Where a specific use is proposed and a lesser development permit application is available and appropriate that would allow the establishment of that use, the planning and zoning commission may discuss possible terms and conditions and direct the applicant and the administrator to complete such application to be forwarded to county commissioners for their consideration. At the discretion of the planning and zoning commission, final action may be tabled until the next regular meeting to allow review and approval of the findings and recommendation.

Forward to county commissioners written considerations when the planning and zoning commission is split and unable to reach consensus. These written considerations will specify issues of contention and the rationale of members on each side of the issue, to include any terms or conditions discussed. Final action will be tabled until the next regular meeting to allow review and approval of the written considerations, with motion and majority vote authorizing the chairman to sign.

Approve the zone map amendment and direct staff to prepare written findings and decision and a draft ordinance to amend the zoning map, enunciating findings on each separate component of the comprehensive plan, when it is determined that the proposal meets the criteria established herein and in the Comprehensive Plan.

Table or continue the hearing to a later date and time certain to allow further consideration of the amendment proposed or to allow to review and approval of written findings and decision.

Disapprove the amendment, directing staff to prepare written findings and decision, enunciating findings on each separate component of the Comprehensive Plan, when it is determined that the proposal does not meet the criteria established herein or the criteria established in the Comprehensive Plan. Where the planning and zoning commission has forwarded recommendation of a lesser permit that would allow establishment of a proposed specific use, the board may, through separate findings, grant or deny that application pursuant to the provisions specific to that application.

Forward to county commissioners a recommendation of approval of the amendment as written, providing written findings supporting the decision.

to county commissioners a recommendation of approval of the amendment with changes specified, providing written findings supporting the decision.

Forward to county commissioners a recommendation of disapproval, providing written findings supporting the decision.

Determine that additional refinement is desirous, and direct the administrator to schedule further discussion on the next available agenda or arrange scheduling and location for workshop(s).

Approve the amendment as written by resolution adopted.

Approve the amendment as amended by resolution adopted.

Disapprove the request for amendment, providing written findings supporting the decision.

Table the proposal for further amendment or refinement, directing the clerk to schedule time on the regular meeting agenda. At the conclusion of such work, at least one (1) additional public hearing shall be held prior to a decision being rendered.

Recommend to the planning and zoning commission that the current comprehensive plan be retained.

Recommend to the planning and zoning commission that the current comprehensive plan be amended.

Recommend to the planning and zoning commission that the current comprehensive plan be repealed and a new plan adopted.

Forward to the board of county commissioners a recommendation of adoption.

Schedule additional workshops to further refine the proposed plan, to include the comprehensive land use map, conducting additional public hearings any time a substantial change is made, until a majority of planning and zoning commission members, by motion and vote taken, are satisfied that the proposed Comprehensive Plan represents their best effort in expressing the interests of the community, at which time a recommendation shall be forwarded to the board with a recommendation of adoption.

If it is determined by the commission that the amendment is not reasonable or necessary, the commission may disapprove the request, providing written findings supporting the decision.

If it is determined by the commission that the proposed amendment may be reasonable or necessary but that further refinement is needed, the administrator will be directed to schedule further discussion on the next available agenda or arrange scheduling and location for workshop(s).

If it is determined by the commission that the amendment may be reasonable or necessary as presented, the administrator will be directed to schedule public hearing and initiate the public notification process pursuant to IC 67-6509 and Section 19, this ordinance.

After conducting at least one public hearing, the commission may:

After conducting at least one public hearing, the board of county commissioners may:

Forward to county commissioners a recommendation of approval of the amendment as presented, providing written findings supporting the decision.

to county commissioners a recommendation of approval of the amendment with changes specified, providing written findings supporting the decision.

Forward to county commissioners a recommendation of disapproval, providing written findings supporting the decision.

Forward to county commissioners a recommendation of approval of the amendment as presented, providing written findings supporting the decision.

Forward to county commissioners a recommendation of approval of the amendment with changes specified, providing written findings supporting the decision.

Forward to county commissioners a recommendation of disapproval, providing written findings supporting the decision.

Determine that additional refinement is desirous, and direct the administrator to schedule further discussion on the next available agenda or arrange scheduling and location for workshop(s). Following amendment through the conduct of workshops or further discussion, at least one additional public hearing will be held before the planning and zoning commission prior to a recommendation being forwarded, even if no substantial change has been made.

Disapprove the request for amendment, providing written findings supporting the decision.

Approve the amendment as presented by ordinance adopted.

Approve the amendment as amended by ordinance adopted.

Table the proposal for further amendment or refinement, directing the clerk to schedule time on the regular meeting agenda. At the conclusion of such work, at least one (1) additional public hearing will be held prior to a final decision being rendered.