Kootenai County Unincorporated
City Zoning Code

   A.   The purpose of the airport overlay zone is to protect the airspace in the vicinity of the Coeur d'Alene Airport and its runway approaches, to protect the lives of airport users, and to protect the property and occupants of land in its vicinity. Accordingly, the height of structures and objects, both natural and manmade, and the use of property within the airport overlay zone shall be subject to the additional regulations and restrictions contained in this article.

   B.   Except as modified by the provisions of this article, the uses permitted, building site areas, setbacks, and all other regulations set forth in this title shall apply within the airport overlay zone. In cases where a provision of this article conflicts with another provision of this title, the provision contained in this article shall take precedence. (Ord. 493, 6-9-2016)

The airport overlay zone shall consist of that portion of the unincorporated area of Kootenai County designated as the Coeur d'Alene Airport in the then current Coeur d'Alene Airport master plan. Specific areas with the airport overlay zone are described as follows:

   A.   Height Limitation Area: The height limitation area shall include all civil airport imaginary surfaces as set forth in the federal aviation regulations, 14 CFR part 77, or any successor thereto, and as delineated in the then current airport master plan.

   B.   Noise Compatibility Area: The noise compatibility area shall include all land located within the 2028 sixty five (65) decibel day-night average sound level (65 DNL) noise contour, as delineated in the then current airport master plan. (Ord. 493, 6-9-2016)

   A.   Endangering Aircraft: Notwithstanding any other provisions of this title, no use shall be established within any area within the airport overlay zone in such a manner as would create electrical interference with navigational signals or radio communications 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, attract birds in a manner that creates a bird strike hazard, create foreign object damage hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.

   B.   Compliance With Rules And Regulations: Uses established within the airport overlay zone shall comply with all applicable federal aviation regulations and administrative rules of the division of aeronautics of the Idaho transportation department, and shall not be inconsistent with the grant assurances made by the county to the federal aviation administration and/or the division of aeronautics of the Idaho transportation department.

   C.   Construction: No residential development, place of assembly or place of worship shall hereafter be constructed or otherwise established within any runway protection zone, as defined in FAA advisory circular 150/5300-13A, "Airport Design", and as depicted in the then current airport master plan.

   D.   Restrictions Within The Noise Compatibility Area: The noise compatibility area is considered to be hazardous because of noise or the potential of endangering the lives and property of the users. Therefore, the following restrictions shall apply:

      1.   Establishment of uses within the noise compatibility area shall be limited to those within each respective day-night average sound level (DNL or Ldn) noise contour, as set forth in 14 CFR part 150, appendix A, table 1, and as delineated in the then current airport master plan.

      2.   No place of assembly or place of worship shall hereafter be constructed or otherwise established within the noise compatibility area.

      3.   All new subdivisions within the noise compatibility area will be subject to recordation of avigation easements.

      4.   Nothing in this subsection shall be construed to permit any use otherwise prohibited in the underlying zone. (Ord. 493, 6-9-2016)

Notwithstanding the provisions of this article governing height limitation areas, the owner, and all future owners, of any existing nonconforming structure or tree within a height limitation area hereby waives the right to object to the installation, operation, and maintenance thereon of such markers and lights as may be deemed necessary by the federal aviation administration to indicate to operators of aircraft, airport obstructions located within a height limitation area. Such markers and lights shall be installed at the expense of the Coeur d'Alene Airport. (Ord. 493, 6-9-2016)

Any person desiring to erect or increase the height of any structure or the growth of any tree not in accordance with the regulations prescribed herein must apply for a variance in accordance with the provisions of section 8.8.203 of this title. The application must include determinations from the airport advisory board and the federal aviation administration that the proposal will not adversely affect the operation of the airport. (Ord. 493, 6-9-2016)

   A.   Separation requirements for abutting structures shall be as set forth in the international building code.

   B.   Apron, runway, taxiway, and tie down clearance specifications shall be as set forth in FAA advisory circular 150/5300-13A, "Airport Design".

   C.   When a structure abuts a road, the front yard setback shall be thirty five feet (35'). (Ord. 493, 6-9-2016)

   A.   No structure or tree shall be constructed, altered, maintained, or allowed to grow so as to exceed four (4) stories or a maximum height of fifty feet (50') above airport elevation.

   B.   Except as otherwise permitted in this article, and except as necessary and incidental to airport operations, no structure or tree shall be constructed, altered, maintained, or allowed to grow in the height limitation area so as to project above any of the civil airport imaginary surfaces referenced in section 8.3.102 of this article.

   C.   Site and structural plans for any proposed structure which will exceed thirty five feet (35') above airport elevation shall be submitted to the airport advisory board for design and safety review. The airport advisory board must provide a recommendation to approve the proposed structure to the director before a building permit may be issued. (Ord. 493, 6-9-2016)

   A.   Maximum building coverage of eighty percent (80%) of the site is allowed within the airport overlay zone, subject to applicable setback and clearance requirements.

   B.   At grade parking lots and parking areas shall not be included in building area calculations. Parking structures with levels above grade shall be included in the calculation of maximum building coverage. (Ord. 493, 6-9-2016)

   A.   Outdoor Storage:

      1.   The outdoor display of aircraft for the purpose of sale is permitted.

      2.   The outdoor display of automobiles and machinery other than aircraft for purposes of sale is prohibited.

      3.   In areas where outdoor storage is authorized by the airport director, storage of materials and machinery shall be within a six foot (6') high sight obscuring fence, or screened with vegetative materials, so that the storage area cannot be seen from adjacent properties or by the traveling public. Storage areas must conform to the setback regulations set forth in section 8.3.106 of this article, with the exception of aircraft being displayed for the purpose of sale.

   B.   Petroleum Products And Critical Materials:

      1.   The use, handling, and storage of petroleum products and critical materials shall be in accordance with all applicable state and federal laws and regulations, and with all applicable Panhandle health district regulations.

      2.   Storage of petroleum products below ground in these areas shall be limited to a total quantity of twenty thousand (20,000) gallons or less per site except in areas where a larger quantity is authorized by the airport director. (Ord. 493, 6-9-2016)

The landscaping requirements set forth in chapter 4, article 4.6 of this title shall not apply within the airport overlay zone. The landscaping requirements which apply within the airport overlay zone shall be as follows:

   A.   The front, rear, and side setback areas shall be landscaped with an effective combination of ground cover, shrubbery, and trees. All other unpaved areas shall be landscaped in similar fashion, except those areas designated for parking or storage on site plans approved by the director.

   B.   The entire area between the curb and a point fifteen feet (15') back from the front lot line shall be landscaped for the purpose of forming a vegetative frontage, except for driveway access in the immediate area. Notwithstanding the aforementioned vegetative frontage, the entire area between the curb and the building line of any lot, except for concrete or paved walkways, shall be landscaped.

   C.   All undeveloped areas shall be maintained in a weed free condition by the lessee.

   D.   All areas under lease shall submit a landscaping plan to the airport advisory board for design review. The airport advisory board shall provide recommendations to the board for all landscaping in the airport overlay zone.

   E.   Areas used for parking shall be landscaped in such a manner as to provide a vegetative frontage, or a visual vegetative barrier along areas in view of access streets, freeways, and adjacent properties.

   F.   All stormwater runoff from parking areas shall receive primary treatment and disposal through grassy swales. Engineered site plans shall allow acreage sufficient to provide primary treatment for the first one-half inch (1/2") of stormwater runoff generated from paved or impervious parking surfaces. (Ord. 493, 6-9-2016)

Security within the airport overlay zone shall be maintained in conformance with the federal aviation regulations, 14 CFR part 107, as set forth by the federal aviation administration. (Ord. 493, 6-9-2016)

The goals and intent of this article are to improve safety conditions along State Highway 41, reduce congestion and delays, provide property owners with safe access, promote desirable land use development patterns which are compatible with the future growth of the cities of Post Falls and Rathdrum, facilitate the future widening of Highway 41, and make pedestrian and bicycle travel safer. The provisions of this article shall be used to manage and control access to Highway 41, and may require that properties adjacent to this highway utilize or obtain access from other public roads. (Ord. 493, 6-9-2016)

   A.   The provisions of this article shall apply within that portion of the unincorporated area of Kootenai County which lies within one thousand three hundred twenty feet (1,320') east and west of the centerline of State Highway 41, south of Lancaster Road and north of Poleline Avenue. If a parcel lies partially or entirely within the overlay area described in this section, the rules of this chapter shall apply to the entire parcel.

   B.   All applicable provisions of this title shall apply within the Highway 41 access overlay zone. In cases where a provision of this article conflicts with another provision of this title, the provision contained in this article shall take precedence. (Ord. 493, 6-9-2016)

   A.   New approaches directly accessing onto Highway 41 from parcels located within the Highway 41 access overlay zone shall be permitted only in the following circumstances:

      1.   Access to and from an individual residence on an existing parcel. No new common driveways or private roads shall be allowed. All new subdivisions shall obtain access via a new or existing public road other than Highway 41.

      2.   Agricultural field access.

      3.   When a fire protection district requires a secondary access for emergency services, such access shall not be open for nonemergency uses, and shall be maintained by the owner of the parcel as a closed access except during emergencies.

   B.   The new approach shall not be used until the Idaho transportation department or highway district with jurisdiction has issued an approach permit. Traffic counts, studies and improvements may be required by the Idaho transportation department or the highway district with jurisdiction.

The use of existing approaches onto Highway 41 from parcels located within the Highway 41 access overlay zone shall be allowed to continue in accordance with the following standards:

   A.   The existing use is lawful and has been properly permitted.

   B.   There is no significant change in the use of the parcel or approach (for example, a residential use to a commercial use).

   C.   The intensity of an existing commercial or industrial use does not increase. For purposes of this article, an "increase of intensity" is defined as the establishment of additional businesses or an increase in lot coverage greater than twenty five percent (25%) per year.

   D.   The number of parcels served by the approach does not change. (Ord. 493, 6-9-2016)

All structures within the Highway 41 access overlay zone shall be set back at least one hundred fifty feet (150') from the centerline of Highway 41. All other setback standards which apply in the underlying zone shall also be met. (Ord. 493, 6-9-2016)

   A.   If there is a significant change in the use of a parcel within the Highway 41 access overlay zone, a change of use permit must be issued before any new building permits may be issued.

   B.   Before a change of use permit may be issued, the property owner must acquire lawful access to an existing public road other than Highway 41. The access must meet the applicable standards of the highway district with jurisdiction, which may require dedication of a new access road based on the specific project or specific use. The Idaho transportation department or the applicable highway district with jurisdiction may require submittal of traffic counts, studies or proposed improvements to aid in making this determination.

   C.   After the change of use permit and the new access are approved, the use of the existing approach shall cease and the approach shall be abandoned and removed. (Ord. 493, 6-9-2016)

Before a building permit may be issued for a parcel located within the Highway 41 access overlay zone, the applicant shall provide a circulation plan which complies with the following standards:

   A.   The plan must be designed to create a safe flow of vehicular and pedestrian circulation through the parcel.

   B.   The plan must be drawn to scale, and must include:

      1.   Identification of easements, new or existing roads; and

      2.   Identification and overall design of parking lots, stormwater treatment, and sidewalks. (Ord. 493, 6-9-2016)

Requests for variances from the requirements or standards set forth in this article shall be in accordance with the provisions of section 8.8.203 of this title. (Ord. 493, 6-9-2016)

A planned unit development (PUD) is an integrated design for development of residential, commercial or industrial uses, including mixed use developments, which allow for flexibility and creativity in site and building design and location in a manner which is in accordance with the goals and policies of the comprehensive plan. Subdivisions may be developed as a PUD if they include at least twenty five (25) lots. Approval of a PUD does not have the effect of changing the underlying zoning district, but does provide a mechanism by which the normally applicable standards of this title may be varied. (Ord. 493, 6-9-2016)

The purpose of a planned unit development is to allow diversification in the relationship of various uses and structures to their sites, and to permit more flexibility in the use of such sites. The application of planned unit development concepts is intended to:

   A.   Allow for and encourage a variety of housing types and environments;

   B.   Allow for greater flexibility and a more creative and imaginative approach to the design of residential and commercial developments and open space, while ensuring substantial conformance with the intent of this title and the comprehensive plan;

   C.   Encourage more functional, efficient and economical use of land, resulting in smaller networks of utilities, streets and other infrastructure features, and maximizing the allocation of fiscal and natural resources;

   D.   Ensure that development occurs at proper locations, away from environmentally sensitive areas, and on land best physically suited to construction;

   E.   Encourage land development that, to the greatest extent possible, preserves valuable natural areas, respects natural topographic and geologic features, scenic vistas, vegetation and natural drainage patterns, and that creates more usable open space and recreational amenities; and

   F.   Encourage more convenience in the location of commercial and industrial uses and services. (Ord. 493, 6-9-2016)

   A.   Approval of a PUD allows the normally applicable standards of this title to be replaced with alternative standards unique to the PUD. For example, a mix of residential and commercial uses, with different property line setbacks, lot sizes, or building heights may be approved as a PUD. The PUD must, however, meet the requirements of this title not expressly varied through the PUD approval, and must also meet the requirements of other agencies with jurisdiction.

   B.   If land is being divided in conjunction with a PUD, the development must also meet the requirements of chapter 6 of this title. A subdivision application associated with a PUD must be submitted, and will be processed, concurrently with the underlying PUD application. Both applications must comply with their respective application requirements.

   C.   A PUD may provide for phased development of subdivisions. For such PUDs, the subdivision application submitted concurrently with the PUD application may be for the first phase of subdivision development within the PUD. Phasing shall comply with the requirements of section 8.3.312 of this article.

   D.   If there is a conflict or inconsistency between the provisions of this article and another section of this title, the provisions of this article shall take precedence. Subjects not covered in this article shall be governed by the applicable provisions of this title. (Ord. 493, 6-9-2016)

   A.   All parcels to be developed under a PUD permit must be under single ownership or control, and must remain under single ownership or control until final approval of the PUD and any associated subdivisions are issued.

   B.   If components of the project will be under separate ownership, a cooperative corporation or similar organization must be established to provide oversight and control of the entire property included within the PUD in perpetuity. The documents establishing this organization must be approved by the director, and must include procedures allowing corporation officers to submit applications for amendment of the PUD or any associated subdivisions, and to take other action on behalf of the owners in the development as necessary.

   C.   All improvements and land within a PUD, including common areas, shall be operated and maintained by the owner in accordance with applicable best management practices (BMPs) and approved plans, and in a manner that is visually appealing. If the development will not remain under single ownership or control, an organization must be established to operate and maintain shared land, improvements and infrastructure in perpetuity. Organizational options include taxing districts (such as water or sewer districts), for profit or nonprofit entities such as utility corporations, or cooperative entities such as homeowners' associations. (Ord. 493, 6-9-2016)

   A.   The primary uses in a PUD shall be those permitted of right, with a conditional use permit, or with a special notice permit in the underlying zone. Approval of a PUD shall constitute approval of any use within the area subject to the PUD which would otherwise require approval of a conditional use permit or special notice permit in that zone. In addition, other uses may be approved if they are found to have been harmoniously incorporated into the design of the PUD, are compatible with the surrounding area, and meet the requirements of this article.

   B.   Residential uses within PUDs may include both single-family and multi-family dwelling units such as townhouses, garden apartments, and common wall, single-family and multi-family dwellings. (Ord. 493, 6-9-2016)

The overall density of a PUD shall conform to the requirements of the zone in which the PUD is located, however lot sizes may be varied from the minimum lot size otherwise required in that zone. If a PUD is located in more than one zone, the allowable density for the land in each zone shall be calculated separately and then added together to yield the allowable density for the development. The distribution of dwellings within the PUD shall not be affected by zone boundaries. (Ord. 493, 6-9-2016)

This section delineates the minimum on site design requirements for PUDs. Any off site improvements which may also be required to mitigate negative effects of the development will be considered on a project by project basis.

   A.   General Design Requirements:

      1.   The proposed uses and design of a PUD must be compatible with existing homes, businesses, neighborhoods, and the natural characteristics of the area. PUDs shall minimize grading, road construction and disturbance of the terrain, vegetation, soils, and drainageways, and shall prevent soil erosion. To achieve this, the board may condition approval on the inclusion of design features such as building envelopes, no-disturbance zones, height restrictions or planting or retention of vegetation.

      2.   The development must be planned as a cohesive, integrated whole, consistent with the intent and purpose of this title.

      3.   The PUD plan must be compatible with the goals, policies and future land use map of the Kootenai County comprehensive plan.

      4.   Within the airport overlay zone, the proposal must be in conformance with the then current Kootenai County airport master plan, and an avigation easement, approved by the airport director, must be recorded.

      5.   The inclusion of open spaces within PUDs is to be encouraged to the greatest extent practicable. Open space shall be distinguished as common (for use by all property owners) or public (open to all members of the general public).

   B.   Utilities And Services: The development of a PUD must occur in conjunction with services and facilities that are appropriate and adequate for the proposed uses. Services and facilities necessary to serve the development must be feasible, available and adequate, and the proposal must mitigate the negative effects of the development so that the existing quality of services is not compromised, and so there is no substantial increase in the cost of services to existing residents. At a minimum, the following utilities and services shall be required:

      1.   Sewage disposal. A sewage disposal system or systems meeting the requirements of Panhandle health district or the Idaho department of environmental quality (DEQ), whichever has jurisdiction. Commercial and industrial areas must be served by a wastewater treatment plant approved by DEQ. No subsurface discharge of treated or untreated, nondomestic wastewater is permitted.

      2.   Water. A water system approved by DEQ that can provide fire flows or water storage as required by the fire protection district with jurisdiction. The new components of a water system, and any necessary improvements to an existing system, must be designed and constructed in conformance with the requirements of DEQ, the "Idaho Standards For Public Works Construction" promulgated by the Idaho division of public works, the fire protection district with jurisdiction, and if applicable, the water district, utility or corporation.

      3.   Electrical service.

      4.   Fire protection.

         a.   PUDs must be served by a fire protection district.

         b.   PUDs shall meet the requirements of the fire protection district with jurisdiction, including those pertaining to roads, driveways, fire flows, hydrants, water storage and defensible space.

         c.   PUDs shall also minimize the hazards associated with wildfire. PUDs that are located in timbered areas shall provide a fire mitigation plan, developed by a professional forester, that is approved by the director, the fire district, or the Idaho department of lands. The plan must be implemented throughout the development of the PUD.

      5.   Roads and trails. Roads, trails and sidewalks within a PUD shall comply with the applicable provisions of section 8.6.707 of this title.

      6.   Garbage collection. Department staff shall seek comment regarding garbage collection service from the Kootenai County solid waste department. The property owner shall arrange for garbage collection service as required by the board.

      7.   Underground installation. Underground installation of utilities shall be required unless utility providers determine that site conditions would preclude or would render such installation impracticable or cost prohibitive, taking into consideration such factors as terrain, available easements, safety, maintenance, repair, replacement and the like. The board may, however, allow appurtenances to these systems to be installed above ground if they can be effectively screened in a manner that is visually appealing and compatible with the PUD and are approved by the utility provider.

      8.   Other services. Other services and facilities may be required on a project by project basis.

   C.   Sensitive Area Requirements:

      1.   Viewsheds: Mountain and water views and vistas are an important part of the character of Kootenai County, contributing to the visual quality of the area, increasing property values, attracting visitors, and enhancing the desirability and livability of the community. Therefore, PUDs should be designed so that development can be accomplished in a manner that is visually unobtrusive, environmentally responsible, and compatible with the character of the area.

      2.   Minimization Of Disturbance: PUDs must be designed to fit houses, structures and roads into and around hillsides in a manner that minimizes disturbance of the terrain, vegetation and drainageways, that will not result in soil erosion, and that is compatible with the natural characteristics of the area. If the vertical height of any cut or fill slope, or any combination thereof, will exceed thirty feet (30'), effective measures must be taken to mitigate the visibility of the slope.

      3.   Stream And Wetland Protection Buffers: When a PUD abuts a stream or wetland, a stream or wetland protection buffer must be reserved and shown on the plan.

         a.   Purpose: The purpose of stream and wetland protection buffers is to protect downstream property owners and water resources from increased or decreased flows, to prevent sedimentation, to promote good water quality, and to protect fish and wildlife habitat.

         b.   Dimensions: Stream and wetland protection buffers shall be as set forth in table 3-301 of this section.

      TABLE 3-301

      STREAM AND WETLAND PROTECTION BUFFER WIDTHS

 

 

         c.   Designation: Each stream or wetland protection buffer shall be labeled as such on the plan. The board may require that such areas be designated as an easement or conservation easement.

         d.   Development Restrictions: Proposed road and utility crossings within designated stream and wetland protection buffers must be shown on the plan, must be kept to a minimum, and must take the shortest possible route across the area. Roads and utilities shall not be constructed within such areas except at approved crossings. Fences, walkways which do not exceed four feet (4') in width, stairway landings which do not exceed six feet (6') in length or width, and trams may be constructed in stream and wetland protection buffers, provided that disturbance of the ground and vegetation is minimized.

         e.   Maintenance: In stream and wetland protection buffers, native vegetation and large organic debris must be protected or replanted to leave the area in the most natural condition possible. Any necessary maintenance must be in conformance with chapter 7, article 7.1 of this title and with applicable best management practices.

      4.   Shoreline Management Areas: When a PUD abuts a shoreline, the shoreline management area must be reserved and shown on the plan. Activities within the shoreline management area shall be limited to those set forth in chapter 7, article 7.1 of this title, and shall also be in conformance with applicable best management practices.

   D.   Zero Lot Line Development: PUD designs may include zero lot line development for single-family and multi-family dwellings, with each dwelling and lot independently owned, and lot lines along common walls providing:

      1.   The construction complies with all applicable provisions of building codes adopted pursuant to title 7, chapter 1 of this code which pertain to common wall and/or zero lot line construction;

      2.   Common walls are adequately soundproofed in accordance with the requirements of applicable provisions of adopted building codes;

      3.   Electrical, water, sewer, heating and air conditioning systems, and all other incorporated utility systems are separately metered or designated for each dwelling unit.

      4.   Deeds and covenants pertaining to buildings must contain appropriate provisions to ensure harmonious maintenance of shared indoor or outdoor walls, and outdoor yard areas. Easements shall be recorded as necessary to assure access to shared outdoor walls and yards.

   E.   Common Open Space: Common open space in PUDs shall meet the following requirements:

      1.   The amount and design of common open space in a PUD must be appropriate to the scale and character of the project, considering its size, density, expected population, topography, and the number and type of dwellings to be provided. A minimum of fifteen percent (15%) of the land within the PUD shall be developed into usable public or common open space, or recreational facilities for the residents or users of the development. If possible, the open space should be designed to connect with existing or planned open space on neighboring properties. Areas designated as open space shall be accessible to all residents of the development from a road or right of way. Utility, drainage and similar easements and rights of way are not acceptable for common open space unless such land is usable for a trail or similar purpose and is approved by the board.

      2.   Common open space in a PUD shall be:

         a.   Retained by the owner of the development;

         b.   Dedicated to the public; or

         c.   Conveyed to a cooperative corporation such as a homeowners' association.

      3.   Responsibility for maintenance of open space areas shall be specified by the developer in the application for final plan approval, and must be approved by the board.

   F.   Commercial And Industrial Uses: PUDs that include commercial or industrial uses and structures must meet the following additional requirements:

      1.   Commercial and industrial areas must be developed with parklike surroundings utilizing landscaping and/or existing woodlands around structures, parking areas, roads, loading areas, and areas used for outdoor storage of raw materials or products.

      2.   If the PUD includes, or is adjacent to residential zones or residential uses, commercial or industrial uses must be of a nonnuisance character, and must be clean, quiet and free of bright lighting, odor, dust or smoke.

      3.   Loading areas must be provided for delivery trucks.

      4.   All areas designed for future expansion or not intended for immediate improvement or development shall be landscaped or otherwise maintained in a neat and orderly manner.

      5.   Lighting may not exceed 0.2 foot-candle at the property line of any lots used for commercial or industrial purposes. (Ord. 493, 6-9-2016)

   A.   The PUD permit application must contain the information necessary for the hearing body and the board to make a decision on the proposal. To gain approval, the information provided in the application must sufficiently demonstrate that the project can meet the requirements of the county and of other agencies with jurisdiction.

   B.   The applicant shall submit one complete application packet to the county, including all required copies, plus additional packets for each agency or organization reviewing the proposal. The director will determine which agencies will receive application packets, and the county will forward the application packets to those agencies. An applicant may request that an incomplete application be accepted by submitting a letter stating which items are missing, and giving a detailed explanation and rationale for the incomplete submission. If the director determines that the information is not necessary to establish conformance with the required findings, he may approve the request, in which case the application will be deemed to be complete, will be vested under then current ordinances, and will be processed. If the director denies the request, the application will not be processed or scheduled for public hearing until it is complete. This determination may be appealed in accordance with chapter 8, article 8.5 of this title.

   C.   The following items constitute a complete application for preliminary PUD plan approval:

      1.   An application form which is completed and signed by the applicant or property owner. The signature of an applicant other than the property owner must be accompanied by a signed, notarized letter from the property owner authorizing the applicant to sign and file the application.

      2.   A completed checklist of application requirements.

      3.   Fees, as adopted by resolution of the board.

      4.   A legal description of the property.

      5.   A title report or similar document containing the legal description, ownership and easements for the property.

      6.   A large preliminary plan which meets the requirements outlined in table 3-302 of this section. The original and two (2) copies must be submitted for county review, along with two (2) copies for the highway district and one for other agencies.

      TABLE 3-302

      FORM AND CONTENT OF PUD PLANS

 

      7.   A small preliminary plan, which shall be an eleven inch by seventeen inch (11" x 17") copy of the large preliminary plan.

      8.   A map of adjoining subdivisions and the surrounding area showing the site of the proposed PUD and adjoining lots, parcels and subdivisions. The map shall show the layout of streets and parcels in a manner which is sufficiently distant from the project to illustrate the relationship to proposed streets and lots, any neighboring land owned by the same applicant, and surrounding properties within one-fourth (1/4) mile or two (2) parcels (whichever is greater) in every direction. The map must be to scale, which shall not be less than one inch per four hundred feet (1" = 400'). The original plus three (3) copies of this map must be provided to the department.

      9.   At least six (6) photographs of the site, taken at various angles so as to depict the general character of the site, and a map showing the location and orientation of the photographs.

      10.   A narrative which provides a detailed description of the following:

         a.   The general character of the proposed development, including the design principles for buildings and streetscapes;

         b.   The acreage, number of lots, and number and type of housing units in each area;

         c.   Nonresidential structures or uses that are proposed;

         d.   Existing zones and uses, and the existing characteristics of the site, including vegetation, soils and wildlife;

         e.   Proposed variances to the standards set forth in this title;

         f.   Proposed water, sewer, electrical, natural gas and other utilities, and roads, trails, parking, landscaping and other improvements;

         g.   Plans for recreation facilities and common open space;

         h.   Proposed methods of ownership and/or control of the project, including proposed maintenance arrangements for common areas and shared infrastructure and improvements;

         i.   A statement explaining the reasons the PUD will be in the public interest;

         j.   The proposed completion schedule, including any phasing; and

         k.   A written analysis of the presence or absence of wetlands on the property that identifies all "sensitive areas", as described in section 8.9.403 of this title, which are located on the property.

      11.   Adequate information must be provided to ensure that new or existing wells will provide sufficient water for the development, without negatively affecting nearby property owners. To satisfy this requirement, the application must, at a minimum, include an engineering report prepared by an Idaho licensed professional engineer or professional geologist, and approved by DEQ, which demonstrates that an adequate water supply is available to meet the estimated demand. Unless a subdivision is to be served by connection to an existing public water system, available well logs which cover a minimum of one-half (1/2) mile of the boundary of the site shall be included in the report. For developments proposed to be served via a connection to an existing public water system, a letter from the owner of the system which indicates that it has sufficient reserve production capacity to supply water to the PUD may be submitted in lieu of an engineering report. The original plus one copy of this documentation must be provided to the department.

      12.   A conceptual stormwater plan, developed by a design professional, which proposes suitable methods and locations for stormwater treatment systems. Proposed systems must comply with the provisions of chapter 7, article 7.1 of this title, associated resolutions, and approved best management practices (BMPs). If it is likely that slopes, soils, groundwater or other conditions will not meet the design parameters of proposed BMPs, the director may require that test holes be evaluated to determine soil types in the vicinity of stormwater systems. The original plus three (3) copies of this plan must be provided to the department.

      13.   When land disturbing activity is proposed in areas where the natural slope equals or exceeds fifteen percent (15%), the director may require a conceptual engineering plan as part of a PUD application. The plan shall be developed by an Idaho licensed civil engineer, and shall depict proposed building sites, road and driveway grades, profiles and cross sections, and the slope and location of cuts and fills. The purpose of this plan is to demonstrate the feasibility of the proposed PUD plan and to illustrate the nature and extent of earthwork required for site preparation and construction. The original plus three (3) copies of this plan must be provided to the department.

      14.   A traffic impact study shall be submitted when requested by the director or by a highway agency with jurisdiction. This study must include:

         a.   Existing traffic counts and level of service on adjacent and nearby streets;

         b.   Vehicle trips that will be generated by the development;

         c.   The effect the development will have on the level of service on affected streets;

         d.   The effect added traffic will have on signals, turn lanes, or other transportation infrastructure;

         e.   Improvements needed to maintain adequate levels of service; and

         f.   Any other information required to evaluate impacts to the transportation system.

The original plus three (3) copies of this study must be provided to the department.

      15.   A geotechnical analysis is required whenever building sites, roads, driveways or other development are proposed in areas where the natural slope equals or exceeds fifteen percent (15%), where there is a high water table (within 6 feet of ground surface at any time of year), where soils are highly erodible, or where there are scarps, slumps, seeps or other geologic features that may be unstable, as determined by the director. The geotechnical analysis shall be stamped and signed by an Idaho licensed civil or geological engineer having sufficient education and experience to prove competency in the field of geotechnical engineering. The geotechnical analysis shall explain the geologic and hydrologic features of the area, shall evaluate the suitability of the site for intended uses, shall identify potential problems relating to the geology and hydrology, shall summarize the data upon which conclusions are based, and shall propose mitigation measures. The original plus three (3) copies of this analysis must be provided to the department.

      16.   If national wetlands inventory maps show wetlands on the site, or if soil survey maps indicate the presence of hydric soils, or if the director or a qualified design professional determines that there may be wetlands on the site, a detailed wetlands analysis and delineation shall be provided and shown on a supplemental page of the plan. The wetlands delineation must be provided by a professional recognized as qualified by the U.S. army corps of engineers or the U.S. fish and wildlife service, including, without limitation, a professional engineer, landscape architect or wetlands specialist. In addition to classifying wetlands and delineating their boundaries, the report must explain the likely impacts of the project on wetlands, and must recommend actions to mitigate those impacts and preserve wetland plants and animals. The original plus two (2) copies of this analysis must be provided to the department.

      17.   The director, hearing body or board may require additional studies of the social, economic, fiscal or environmental effects of the proposed PUD.

   D.   The application documents set forth in subsection C of this section which are required elements of agency packets are the application form, large preliminary plan, narrative, and photographs. (Ord. 493, 6-9-2016)

   A.   Procedure: An application for preliminary PUD approval shall be brought before the hearing body for a recommendation, and before the board for a decision, in accordance with the notice and hearing procedures set forth in chapter 8, article 8.4 of this title.

   B.   Required Findings: For the hearing body to recommend preliminary approval of a PUD plan, and for the board to grant preliminary approval of a PUD plan, each of the following findings must be made:

      1.   The proposal is compatible with the goals, policies and future land use map of the Kootenai County comprehensive plan.

      2.   The proposal is consistent with the intent and purpose of this title, and the amenities, design, and benefits of the PUD justify any approved deviations from the normal requirements of this title.

      3.   The PUD will be held in one ownership, or there is an effective means of control and oversight of the development in perpetuity.

      4.   The application and design meet the requirements of this article, other applicable sections of this title, other applicable provisions of this code, and the requirements of other agencies.

      5.   The proposed development is compatible with surrounding homes, businesses and neighborhoods, and with the natural characteristics of the area.

      6.   The proposed structures and uses within the PUD are compatible with one another.

      7.   Provisions for maintaining land, infrastructure and shared improvements are adequate.

      8.   Services, utilities and facilities necessary to serve the development are feasible, available and adequate, and any adverse effects on delivery of service by political subdivisions will be adequately mitigated.

      9.   Proposed roads, sidewalks, trails and parking facilities within the development establish or adequately contribute to a transportation system for vehicles, bicycles and pedestrians that is safe, convenient, efficient and that minimizes traffic congestion.

      10.   Areas not suited for development are designated as open space.

      11.   Road construction and disturbance of the terrain, vegetation and drainageways will be minimized and will not result in soil erosion.

      12.   Any site constraints, hazards or negative environmental, social or economic impacts will be adequately mitigated.

      13.   The proposal is not anticipated to result in significant degradation of surface or ground water quality, as determined by the agency with jurisdiction.

      14.   Development of the PUD is in the best interest of the public.

      15.   Public notice and the processing of the application met the requirements set forth in chapter 8, article 8.4 of this title and applicable provisions of Idaho Code.

   C.   Conditions Of Approval: Preliminary PUD approvals may contain conditions which address potential impacts of the development contemplated in the PUD, including, without limitation, the following:

      1.   Minimizing or mitigating adverse effects on delivery of services by political subdivisions, including school districts;

      2.   Minimizing or mitigating adverse effects on other developments;

      3.   Controlling the sequence, timing and duration of development;

      4.   Assuring that the development is maintained properly;

      5.   Designating the exact location and nature of development;

      6.   Requiring the provision of on site or off site public facilities or services;

      7.   Requiring more restrictive standards than those generally required in this title; or

      8.   Varying from standards generally required in this title.

   D.   Order Of Decision: The order of decision granting or denying the application shall comply with the requirements of section 67-6535, Idaho Code, and at a minimum, shall specify the following:

      1.   The ordinances, laws and standards used in evaluating the application;

      2.   The reasons for the approval or denial; and

      3.   If an approval, the specific conditions, restrictions, and limitations on such approval; or

      4.   If a denial, the actions which the applicant could take to obtain approval.

   E.   Duration Of Approval:

      1.   Approval of a preliminary PUD plan shall expire if a complete application for approval of the final PUD plan is not submitted within one year from the date of preliminary approval.

      2.   If the approved plan calls for phasing, an application for final plan approval for the first phase must be submitted within one year from the date of preliminary approval, and the plans for subsequent phases must be submitted in accordance with the schedule approved by the board.

      3.   The director may approve an extension of the duration of approval for good cause shown in accordance with section 8.3.313 of this article. (Ord. 493, 6-9-2016)

Upon application for final approval of a PUD, the applicant shall submit an application packet containing the items set forth in this section. An application that is incomplete will not be processed.

   A.   An application form which is completed and signed by the applicant or property owner. The signature of an applicant other than the property owner must be accompanied by a signed, notarized letter from the property owner authorizing the applicant to sign and file the application.

   B.   A completed checklist of application requirements.

   C.   Fees, as adopted by resolution of the board.

   D.   A large final plan which meets the requirements outlined in section 8.3.308, table 3-302 of this article.

   E.   A small final plan, which shall be an eleven inch by seventeen inch (11" x 17") copy of the large final plan.

   F.   A narrative explaining how each of the conditions of approval of the preliminary plan have been or are being met, any modifications from the original proposal, the completion schedule for the project, and, if applicable, the completion schedule for each phase of the project.

   G.   Documentation demonstrating that the entire project is under single ownership or control, as required in section 8.3.304 of this article.

   H.   Conceptual building plans, including floor plans and exterior elevations.

   I.   Conceptual landscaping plans for common areas which implement sound water conservation principles.

   J.   Conceptual plans for signs, including the height, dimensions and proposed lighting.

   K.   For PUDs in timbered areas, a wildfire mitigation plan which has been prepared by a professional forester and has been approved by the director and by the fire protection district with jurisdiction or the Idaho department of lands.

   L.   Any documentation needed to show compliance with the conditions of approval of the preliminary plan, including, without limitation, approval letters from other agencies or departments, and documentation of financial security for improvements not yet completed.

   M.   Copies of any documents, such as deed restrictions, restrictive covenants, or homeowners' association articles of incorporation or bylaws, that are associated with the PUD or that will be used to control the use, development, operation or maintenance of the property and improvements. If components of the project will be under separate ownership, a cooperative corporation or other organization must have been established in accordance with section 8.3.304 of this article. The documents establishing the organization must be approved by the director, and must include procedures for submitting PUD amendment applications on behalf of the owners in the development. (Ord. 493, 6-9-2016)

   A.   Procedure: An application for final PUD approval shall be brought before the board for a decision in accordance with the notice requirements set forth in section 74-204, Idaho Code. The director shall make a recommendation, and the board shall make the final decision on the application.

   B.   Required Findings: For the board to grant final approval of a PUD plan, each of the following findings must be made:

      1.   The final PUD plan continues to meet the approval requirements set forth in section 8.3.310 of this article.

      2.   All applicable conditions of preliminary PUD approval have been, or are being, met.

   C.   Order Of Decision: The order of decision granting or denying the application shall comply with the requirements of section 67-6535, Idaho Code, and at a minimum, shall specify the following:

      1.   The ordinances, laws and standards used in evaluating the application;

      2.   The reasons for the approval or denial; and

      3.   If an approval, the specific conditions, restrictions, and limitations on such approval; or

      4.   If a denial, the actions which the applicant could take to obtain approval.

   D.   Final PUD Permit: The order of decision approving the final PUD plan shall be the PUD permit. The Order of Decision and final PUD plan shall be recorded at the applicant’s expense.

   E.   Procedure For Development Of A PUD: Upon approval of the final PUD plan, the PUD shall be developed in accordance with the following procedure:

      1.   The permit holder must obtain approval of infrastructure plans from agencies with jurisdiction, and must obtain approval of necessary construction permits, including building and site disturbance permits, from the department.

      2.   If additional lots are being created within the PUD, infrastructure must be completed, or financial guarantees provided, in accordance with the requirements of chapter 6 of this title. If additional lots are not being created, the board may require an acceptable financial guarantee to assure completion of improvements within two (2) years from the date of final PUD plan approval. Upon written request by the property owner, the director may approve an extension for good cause shown in accordance with section 8.3.313 of this article. Noninfrastructure building permits will not be issued until the essential infrastructure and improvements (e.g., roads, water, sewer, fire suppression systems, wildfire mitigation) have been completed and approved by the agencies with jurisdiction.

      3.   Construction of nonessential improvements, such as landscaping and recreational facilities, shall be completed in proportion to the overall progress on the project, and shall be totally completed and approved by the time building permits are issued for fifty percent (50%) of the units. If this requirement is not met, the director may suspend the issuance of building permits until the nonessential improvements are completed.

      4.   Approval of individual building permits must be in accordance with the approved final PUD plan and associated conditions.

   F.   Duration Of Approval:

      1.   The final PUD permit shall expire if construction on the project has not begun within two (2) years from the date of the final plan approval, unless an alternative completion schedule was approved by the board in the order of decision granting final PUD approval.

      2.   The director may approve an extension of the duration of approval for good cause shown in accordance with section 8.3.313 of this article.

   G.   Effect Of Noncompliance: Failure to comply with conditions or restrictions contained in a PUD approval shall constitute a violation pursuant to chapter 8, article 8.6 of this title. Upon such a finding, the director may take action to suspend or revoke a PUD, which may be appealed in accordance with chapter 8, article 8.5 of this title. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019)

The board may approve alternative PUD construction schedules or phasing of PUD projects. Each phase shall be configured to create a serviceable project, capable of standing alone or with other completed phases, if the project were to be terminated at the conclusion of that phase. Project phasing shall not produce an imbalance of common space to private space, or of land use density, when compared to overall project ratios. Lands designated for development in subsequent phases shall be encumbered by the density limitations of the project as a whole, even if the project fails to develop as planned. (Ord. 493, 6-9-2016)

   A.   Extensions Of Approval: At any time prior to expiration of approval, the applicant may request one extension of up to one additional year for final approval from the date of preliminary approval, or up to two (2) additional years for development to begin from the date of final approval, according to the procedure set forth in this section.

   B.   Amendments:

      1.   Minor amendments to a PUD, its structures or uses, may be approved by the director. Minor amendments include, without limitation, adjustments to platted lot lines, or a combination of the boundary lines of platted and legally created, unplatted parcels. The determination of whether a proposed amendment to a PUD constitutes a minor amendment shall be within the sound discretion of the director.

      2.   Significant changes in use, structures, lot or boundary lines, conditions of approval, and all other aspects of a final PUD plan must be approved by the board in accordance with the application, hearing and approval procedures for a new PUD. If components of the PUD are under separate ownership, the cooperative corporation or other organization established to provide oversight and control of the project may be authorized to submit the application on behalf of the property owners in the development. If an organization with such authority has not been established, then all affected persons within the PUD must be coapplicants for the request.

   C.   Application Requirements: The following items constitute a complete application:

      1.   An application form which is completed and signed by the applicant or property owner. The signature of an applicant other than the property owner must be accompanied by a signed, notarized letter from the property owner authorizing the applicant to sign and file the application. Applications for a minor amendment to a PUD may also be submitted by a cooperative corporation or other organization vested with authority to act on behalf of the property owners within the PUD. Proof of such authority shall be submitted with the application, and all signatures shall be notarized in a manner indicating the capacity of the persons signing the application.

      2.   Fees, as adopted by resolution of the board.

      3.   A narrative explaining the reasons the final PUD plan, or if the application is for extension of final PUD plan approval, construction was not completed within the original time line, the status of compliance with the original conditions of approval, and the anticipated schedule for completing the plan and/or beginning construction.

      4.   As part of a complete application, the director may require additional information to determine compliance with conditions of approval, the provisions of this title or other provisions of this code, or the requirements of other agencies.

   D.   Approval Requirements And Procedure:

      1.   Extensions: The director may grant an extension for the requested time period, or such other time period as may be deemed appropriate, upon making the following findings:

         a.   A complete application was submitted;

         b.   The project is in compliance with the requirements of the county and other agencies at the time the complete preliminary PUD application was received by the department; and

         c.   The project is in compliance with its conditions of approval.

      2.   Minor Changes: Minor changes to a PUD shall be approved only upon the following findings:

         a.   No additional lots or parcels are created;

         b.   The resulting lots are in conformance with the size and design approved for the PUD and are in conformance with all applicable provisions of this title and any other applicable provisions of this code;

         c.   The adjustment does not result in lots separated by a right of way or road; and

         d.   A statement is included on the deed of conveyance indicating that the instrument is being recorded for lot line adjustment purposes, and that the property being transferred is not a separate, buildable lot.

      3.   Time Frame: Unless otherwise approved by the applicant, the director shall make a decision within thirty five (35) days of receipt of a completed application.

      4.   Appeal: The decision of the director may be appealed in accordance with chapter 8, article 8.5 of this title. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019)

   A.   Condominiums may be allowed within a PUD as a means of cluster development, provided that the total number of dwelling units permitted shall not exceed the maximum density allowed in the underlying zoning district or districts in which the PUD is to be located.

   B.   Condominiums containing twenty five (25) or more dwelling units shall require PUD approval in addition to approval of a condominium plat pursuant to chapter 6, article 6.5 of this title. (Ord. 493, 6-9-2016)

The purpose of this article is to provide for a voluntary process through which agricultural and timber producers located within Kootenai County may make application to commit lands actively devoted to agriculture for long-term future agricultural use. The Agricultural Protection Area (APA) designation process aims to protect productive farmland, rangeland, and forest land; promote farm viability; support the local agricultural economy; and provide for long-term planning stability. This article sets out the process for creation of Agricultural Protection Areas. (Ord. 607, 12-12-2024)

The provisions of this article shall apply to any person or legal entity that owns five (5) contiguous acres or more of land which has been in active agricultural or forest production for the previous three (3) consecutive years, consistent with the provisions of section 63-604 or section 63-1701, Idaho Code, as applicable, and who voluntarily applies for that land to be designated as an agricultural protection area. (Ord. 607, 12-12-2024)

Landowners wishing to establish an APA must submit an application to the Department. At a minimum, the application shall include the following:

   A.   Application Form: A completed application form must be submitted with the property owner’s signature, or with the applicant’s signature together with a notarized letter from the property owner authorizing the applicant to file the permit application.

   B.   Fees: Fees as adopted by resolution of the board.

   C.   Site Plan: A site plan must be submitted which is drawn to scale showing a north arrow, lot boundaries, location of all structures and utilities, the location, dimension and purpose of existing easements, the location of future structures, and other relevant information regarding the site and the request.

   D.   Proof of property ownership.

   E.   A legal description of the property proposed to be included in the APA.

   F.   A narrative which describes in detail the existing conditions of the property and the nature of the proposal, including the following:

      1.   A statement outlining the current contiguous acreages of land, land use, agricultural productivity, and other relevant characteristics of the land to be included in the APA;

      2.   The number of years the land has been in agricultural or forest production, the types of agricultural or forest commodities produced, and the applicant’s plan to continue using the land for agricultural or forest purposes.

      3.   The reasons for seeking an APA designation.

      4.   Any other information that may be relevant to the application.

   G.   Relevant soil surveys, documentation of water rights, and any other environmental assessments which have been completed with respect to that property. (Ord. 607, 12-12-2024)

Lands designated as an APA shall remain so designated for a period of twenty (20) years unless terminated pursuant to section 8.3.407 of this article. A property owner who intends to end an approved APA designation after twenty (20) years must notify the Department in writing prior to the end of the then-current period. Failure of the owner to so notify the Department will result in the continuation of the APA designation for another period of twenty (20) years. (Ord. 607, 12-12-2024)