The purpose of this article is to regulate the placement of wireless telecommunication facilities in a manner consistent with the provisions of applicable law and the Latah County Comprehensive Plan. (Ord. 392, 8-16-2021)

For the purpose of this article, the following terms shall have the meanings ascribed to them in this section:

 

All wireless telecommunication providers operating or using wireless telecommunication facilities in Latah County shall file a statement with the Latah County Planning Department by December 31 of each year. The report shall state whether the wireless telecommunication provider is continuing to use its facilities and, if so, verify that it remains in compliance with all applicable Federal/State rules and conditions set forth in any applicable conditional use permit. This annual report shall also include the number of antennas and the location of each antenna in Latah County, and documentation demonstrating that the provider is licensed in good standing by the Federal Communications Commission (FCC). Failure to comply with these duties shall be subject to the provisions of section 9-4A-11 of this article for any uses subject to a conditional use permit issued after February 25, 2001. (Ord. 392, 8-16-2021)

   A.   All wireless telecommunication providers shall make reasonable attempts to co-locate on legally existing support structures before applying for a conditional use permit to build a tower. The installation or location of antennas on legally existing support structures shall be considered a permitted use in the Agricultural/Forest Zone, provided that:

      1.   The use of the equipment does not exceed radio frequency emission (RF) standards as set by the FCC;

      2.   The installation does not exceed twenty feet (20') in height above the existing support structure; and

      3.   The antenna(s) and/or support structure does not require additional lighting by the Federal Aviation Administration (FAA), and will not be illuminated or have any lights thereon.

   B.   Placement of transmission or reception devices on legally existing support structures shall comply with the following:

Prior to installation or operation of the equipment, the applicant must complete and return the application form provided by the Planning Department along with the required application fee and the following documents:

      1.   Documents demonstrating that landowner authorization and necessary easements have been obtained;

      2.   Plans showing how vehicle access will be provided;

      3.   Documentation demonstrating that no additional lighting is required by the FAA; and

      4.   Map showing the area of coverage that will be provided by the transmission of the proposed antenna(s).

   C.   Prior to use of the antenna(s):

      1.   Documentation demonstrating the provider is licensed in good standing by the Federal Communications Commission (FCC) must be provided to the Planning Department;

      2.   If equipment enclosures will be located on the ground, a six foot (6') to seven foot (7') high fence constructed of wood, masonry or privacy slats shall completely surround the equipment enclosure to secure and screen the equipment and structure; and

      3.   A warning sign no larger than three (3) square feet and no smaller than two (2) square feet must be placed on the fence or the access/gate. It must contain the name of the owner and operator of the facility, a phone number for cases of emergency and any other information required by law. (Ord. 392, 8-16-2021)

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Zoning Commission that no legally existing support structure is available or can accommodate the proposed antenna(s) based on testimony or written verification:

   A.   By a professional engineer licensed in the State of Idaho that the legally existing support structures located within the geographic area are not of sufficient size or structural strength to meet applicant's reasonable engineering requirements;

   B.   That no legally existing support structure is located within the geographic area which meets the applicant's reasonable engineering requirements;

   C.   That use of the legally existing structure would cause electromagnetic interference with the existing antennas or the proposed antenna(s);

   D.   That co-locating on a legally existing support structure would violate the RF emissions set by the FCC;

   E.   That there are other limiting factors that render legally existing support structures unsuitable; or

   F.   That the fees, costs, or contractual provisions required by the owner of an existing support structure are unreasonable. (Ord. 392, 8-16-2021)

   A.   A conditional use permit is required for the following:

      1.   The construction of a tower.

      2.   The installation of an antenna that would require lighting by the FAA.

   B.   Conditional use permits for wireless telecommunication towers or support structures are subject to the provisions of chapter 9-7A of this title and the following standards and requirements:

      1.   All applicants must complete a conditional use permit application for the construction of a wireless telecommunication tower as provided by chapter 9-7A of this title. The application must be signed by all legal landowners of the property, the applicant, and proposed tower owner.

      2.   The following documents must be attached and submitted along with the application:

         a.   A legal description of the parcel of land on which the proposed tower is to be located. This legal description shall include all real property described on the deed of conveyance most recently recorded for that parcel that complies with this title.

         b.   A detailed drawing of the tower with the height specified.

         c.   The general capacity of the tower in terms of the number and type of antennas it is designed to accommodate.

         d.   A signed agreement with Latah County stating that the applicant will allow co-location with other users and that any future owners or operators will allow co-location on the tower. This agreement will be recorded in the Latah County Recorder's Office by the Planning Department.

         e.   Documents demonstrating to the satisfaction of the Zoning Commission that the necessary easements have been obtained, as well as plans showing how vehicle access will be provided.

         f.   FAA form 7460-1 as well as a diagram showing the placement and type of lighting that will be used if required by the FAA, or documentation demonstrating that the applicant has complied with FAA requirements that no lighting is required and verifying that none will be used.

         g.   Evidence satisfactorily demonstrating to the Zoning Commission that use of an existing support structure is not possible pursuant to section 9-4A-5 of this article.

         h.   A map showing the area of coverage provided by the transmission of the proposed antenna(s).

         i.   If the proposed tower is less than one thousand feet (1,000') from any residence or commercial building, and/or less than one hundred fifty percent (150%) the height of the tower to any property line, the applicant shall submit a signed notarized form, approved by the Planning Department, from all owners of record of such residential or commercial buildings and all owners of record of such property consenting to the location of the tower. This form shall be recorded in the Latah County Recorder's Office by the Planning Department. Setbacks from any public road or public right-of-way shall not be waived.

   C.   Notification shall follow the requirements of Idaho Code section 67-6512, and all property owners of record located within one thousand feet (1,000') of the proposed tower shall be notified by regular mail at the last address listed in the Latah County Assessor's Office records by the Planning Department fifteen (15) days prior to the hearing. (Ord. 392, 8-16-2021)

In addition to the conditional use permit criteria set out in chapter 9-7A of this title, the Zoning Commission shall take the following considerations into account when deciding whether to grant a conditional use permit for a wireless telecommunication tower:

   A.   Whether the wireless telecommunication provider has attempted in good faith to co-locate or use an existing structure in the County;

   C.   Whether it has been demonstrated the tower will have a negative impact on nearby property;

   D.   Whether the existing land use of the proposed site is unique to that land; and

   E.   Whether any lighting required by law may pose an unreasonable nuisance at the proposed site. (Ord. 392, 8-16-2021)

The following are required conditions for the approval of the construction of towers and shall appear in any CUP approved for such use:

   A.   All towers must be built so as to allow for a total of at least three (3) wireless telecommunication providers on the tower. The Zoning Commission may waive this requirement if greater consistency with the Latah County Comprehensive Plan may be achieved thereby.

   B.   All towers must be set back a minimum of one hundred fifty percent (150%) the height of the tower from any public road, public right-of-way or property line, and a minimum of one thousand feet (1,000') from any residence or commercial building. If consents pursuant to subsection 9-4A-6B2i of this article are filed with the Planning Department, the Zoning Commission may waive such setbacks. Setbacks from any public road or public right-of-way shall not be waived.

   C.   If equipment enclosures will be located on the ground, a six foot (6') to seven foot (7') high fence of wood, masonry or privacy slats completely surrounding the equipment enclosure is required to secure and screen the equipment and structure.

   D.   A warning sign no larger than three (3) square feet and no smaller than two (2) square feet must be placed on the fencing access/gate. It must contain the name of the owner and operator of the facility, and a phone number for cases of emergency as well as any other information required by law.

   E.   Any tower/structure shall be finished in a nonreflective neutral color or as otherwise specified by the Zoning Commission.

   F.   No ladder rungs or climbing pegs on towers shall be allowed within twenty feet (20') of the ground.

   G.   No towers with guy wires are allowed.

   H.   No lighting of antennas or antenna support structures except as required by the Federal Aviation Administration. The maximum tower lighting is a low intensity red light as defined by the Federal Aviation Administration.

   I.   Transmission towers and all accompanying equipment enclosures or ancillary facilities shall be camouflaged to fit into their immediate surroundings at the discretion of the Zoning Commission.

   J.   Prior to turning on or using the antenna(s), the applicant must submit documentation demonstrating the provider is licensed in good standing by the Federal Communications Commission (FCC).

   K.   Compliance at all times with any applicable laws or regulations including this title.

   L.   All applicants granted a permit under this article shall cooperate and negotiate in good faith with other providers or tower owners in efforts to co-locate. Such good faith shall include sharing technical information to evaluate the feasibility of co-location. Such technical information is limited to necessary information to evaluate the feasibility of co-location.

      1.   If a provider is denied the opportunity to co-locate by a tower owner or operator with a conditional use permit granted under this article, the denied party shall obtain a technical study showing whether co-location is possible from an independent third party prior to consideration for a permit. If the study concludes co-location may occur without impairment to the existing operator(s), the tower owner shall be charged the expense of the study and co-location shall be permitted at a reasonable fee.

      2.   In the event that the parties are unable to agree as to what is fair market value, the parties shall notify the Planning Department of such in writing and shall then select a certified general appraiser in the State of Idaho to determine the fair market value and notify the County of the same within thirty (30) days. If the parties do not agree on the selection of an appraiser and so notify the Planning Department, the Planning Department may arrange for an appraiser, at the expense of both parties. The determination of fair market value by any such appraiser shall be binding on the parties.

      3.   Failure of a tower owner to allow colocation at a reasonable fee and on reasonable terms shall result in the immediate revocation of the owner's conditional use permit. (Ord. 392, 8-16-2021)

In order to enable Latah County to better enforce the provisions of section 9-4A-10 of this article, relating to the abandonment and removal of towers, an automatic lien in favor of Latah County may be created for a conditional use permit pursuant to this article. By filing an application for a conditional use permit pursuant to this article, the property owner consents to the creation of this lien. The lien created by this article shall be perfected upon recording in the Latah County Recorder's Office and such lien shall have a priority date as of the date of the issuance of the conditional use permit. Enforcement by lien is nonexclusive and in addition to any and all other remedies available at law or in equity. (Ord. 392, 8-16-2021)

   A.   Any tower that has had no antenna mounted upon it for a period of one hundred twenty (120) consecutive days, or if the antennas mounted thereon are not operated for a period of one hundred twenty (120) successive days, shall be considered abandoned. The tower owner or landowner thereof shall:

      1.   Remove any such tower and any accompanying equipment enclosure within ninety (90) days of abandonment; and

      2.   Bring the location of the removed facility back to its original state, or better.

   B.   The Planning Department, upon determining that a tower has been abandoned, shall serve notice by certified mail of its determination of abandonment upon the owner of the tower, to the address contained in the most recent statement required to be filed with the Planning Department, pursuant to section 9-4A-3 of this article, and to the landowner, to the address on file with the Latah County Assessor's Office. The notice shall contain the reasons why the tower has been deemed abandoned, the owner's obligation to remove the tower pursuant to this article, and the owner's right to appeal the determination of abandonment.

   C.   The tower owner or landowner may, during the ninety (90) days, apply, and for good cause shown, have granted, an extension of time on such terms as the Planning Department shall determine.

   D.   If such structure and equipment enclosure are not so removed within said ninety (90) days or any extension thereof, then the County has the right without further notice to enter upon the land and remove and abate such structures at the expense of the tower owner or landowner, which may be collected through any automatic lien created in section 9-4A-9 of this article and/or by any other remedy available at law or in equity. In the event Latah County exercises its right hereunder, any and all salvage rights shall inure to, and become property of Latah County at the County's sole option.

   E.   The Planning Department's determination of abandonment may be appealed pursuant to subsection 9-1-11 of this title.

   F.   In the event that more than one wireless telecommunication provider is using the support structure, then this provision shall not become effective until all users cease transmitting from the structure. (Ord. 392, 8-16-2021)

In addition to any other enforcement proceedings available under this title, failure to comply with any conditions set forth in this article, all applicable sections, or Federal and State laws will result in immediate revocation of the wireless telecommunication provider's conditional use permit and require removal of their antennas, tower, and/or related equipment if applicable in accordance with section 9-4A-10 of this article. Procedures for appeals are set out in subsection 9-1-11 of this title. (Ord. 392, 8-16-2021)

   A.   Definition And Purpose:

      1.   Mineral resource development is any land use related to the excavation, crushing, washing, sizing and screening, asphalt batching, cement and concrete processing, other processing, and surface stockpiling (excavated on site) of topsoil, peat, sand, gravel, rock, clay, aggregate, metallic, nonmetallic and industrial minerals, gemstones, or other mineral resource.

      2.   The purpose of this section is to regulate the operation of these developments to minimize their impact on surrounding property and to provide definitions and standards to existing mineral resource developments, new mineral resource developments, and exempt uses of mineral resources.

   B.   Existing Mineral Resource Developments: All existing mineral resource developments without current conditional use permits that do not meet the exemptions set forth in subsection D of this section shall comply with the following requirements:

      1.   Hours of operation are limited to eight o'clock (8:00) A.M. to six o'clock (6:00) P.M. daily. An operator may vary from this requirement by applying for a conditional use permit under the provisions of chapter 9-7A of this title.

      2.   Written verification of compliance with the Idaho Surface Mining Act, including filing of any reclamation plan required by the Idaho Surface Mining Act.

      3.   The excavation site, any overburden and stockpiles, and a fifty foot (50') buffer strip surrounding these areas shall be maintained so that they are continuously free of all noxious weeds as determined by the Latah County Noxious Weed Control Superintendent.

      4.   The operator shall provide, by certified mail, written notification to all residences within one mile of any blasting. The notification shall be distributed and in the possession of the occupants of these residences at least seventy-two (72) hours prior to any blasting. The notification shall give the date and time of the planned blast.

      5.   Blasting shall be restricted to the hours of nine thirty o'clock (9:30) A.M. to four thirty o'clock (4:30) P.M., Monday through Friday. No blasting shall occur on Saturdays, Sundays, or the following holidays: January 1, Memorial Day, Labor Day, Thanksgiving Day, and December 25.

      6.   An owner or operator may request, and the Director may grant, an exception to provide for additional hours of operation for a mineral resource development when additional hours of operation are needed to alleviate a public emergency. Public emergencies include the following:

         a.   Damage to public roads or structures that require immediate repair.

         b.   Road construction or repair that is scheduled during nighttime hours to reduce traffic conflicts.

      7.   Signs, upon approval of the signs by the Planning Department, warning of truck entrances shall be posted within one-fourth (1/4) mile of the site's entrance onto a public road.

      8.   The mineral resource development shall be marked by warning signs posted two hundred feet (200') from mine operations.

      9.   A plan to retain stormwater runoff within the mineral resource development boundaries.

   C.   New Mineral Resource Developments: Any mineral development which is not registered as an existing development or does not qualify to be registered as an existing development, not exempt as per subsection D of this section, or does not have an existing conditional use permit, shall be considered a new development. Prior to operation, all new developments must obtain a conditional use permit under the provisions of chapter 9-7A of this title. In addition, the Zoning Commission shall, as a minimum, place the requirements of subsection B of this section upon any newly permitted mineral development, unless making specific findings supporting the omission or alteration of the requirements of subsection B of this section. Mineral resource developments which have been granted a valid conditional use permit prior to one year after the effective date hereof shall be considered permitted and shall observe all conditions previously established. New mineral resource developments shall be exempt from the provisions of section 9-7A-8 of this title. The following are requirements for operation of all new mineral resource developments:

      1.   Activity associated with a mineral resource development shall be at least one thousand feet (1,000') from any home existing at the time of application for conditional use permit, unless a lesser distance is approved by the Zoning Commission. A lesser distance shall not be approved unless the applicant submits a signed notarized form, approved by the Planning Department, from all owners of record of any residential building within one thousand feet (1,000') of the development consenting to the location of the mineral resource development. Each form shall be recorded in the Latah County Recorder's Office by the Planning Department. Approval of a distance less than one thousand feet (1,000') shall be within the discretion of the Zoning Commission, even if all owners of residential buildings within one thousand feet (1,000') approve of the location of the development.

      2.   The operator of a mineral resource development must provide at least a seventy-five foot (75') undisturbed or natural buffer on the perimeter of mineral resource development operations. The buffer and the area of mineral resource development operations shall be maintained so that they are continuously free of all noxious weeds as determined by the Latah County Noxious Weed Control Superintendent. Frontage on a public road does not require a buffer. Activities associated with a mineral resource development shall not be allowed within the seventy-five foot (75') buffer area. Location and specifications for access road(s) shall be determined by the Zoning Commission.

      3.   To protect aquatic and terrestrial habitat and other biological resources, all mineral resource developments and mineral resource development operations shall be set back at least seventy five feet (75') from perennial streams and thirty feet (30') from any intermittent streams shown on USGS 7.5 minute maps; except for stream crossings that are regulated by a State or Federal regulatory system and those activities permitted under the Idaho Placer and Dredge Mining Protection Act from the Idaho Department of Lands, a stream channel alteration permit from the Idaho Department of Water Resources, a dredge and fill permit from the U.S. Army Corps of Engineers, a development permit from the Latah County Planning Department, and/or a national pollution discharge elimination system permit from the U.S. Environmental Protection Agency. Applicable permit documentation shall be provided to the Zoning Administrator prior to onset of mineral resource development.

      4.   The applicant shall prepare and submit the following plans with the application for a conditional use permit:

         a.   Dust abatement plan to include mineral resource development operations and all access roads.

         b.   A plan for coordination with County response units for hazardous materials transport and use and emergency spill response.

         c.   A plan for procedures and protocols for spill containment and storage of oil, fuels, and/or chemicals; and documentation of compliance with the State and Federal laws or documentation of exemption from requirements.

         d.   A plan for fire suppression and response, including an inventory of tools stored on site to implement planned suppression and response.

      5.   The applicant may be required to post a bond with the Latah County Planning Department to assure full compliance with the proposed plans and provisions of this section. The amount of the bond shall be determined by the Latah County Zoning Commission.

   D.   Uses Exempt From Conditional Use Permits: Mineral resources excavated from or stockpiled on the parcel by the property owner for construction uses, excavation for residential and accessory building construction for which a valid building permit has been issued; construction and maintenance of driveways, roadways, and rights-of-way; grading; landscaping; leveling; ponds and shallow water areas for wildlife; and cemetery operations are exempt from conditional use permits under this section, provided one of the following applies. No product produced by an exempt use may be sold, bartered, or traded.

      1.   The mineral resource is less than one thousand feet (1,000') from adjacent property boundary, use of the mineral resource disturbs one acre or less, and the mineral resource and associated use are located on the same parcel or adjacent parcels under the same ownership. Blasting, crushing or any other processing is not allowed on site.

      2.   The mineral resource is greater than one thousand feet (1,000') but less than one mile from adjacent property boundary or structures on State or Federal lands (when applicable), and use of the mineral resource disturbs one acre or less. The mineral resource may be transported for use off site to a different parcel owned by the same landowner. Blasting, crushing or any other processing is not allowed on site.

      3.   The mineral resource is greater than one mile from adjacent property boundary and the mineral resource development disturbs less than five (5) acres. The mineral resource may be transported for use off site to a different parcel owned by the same landowner. Blasting, crushing, and processing are allowed on site. (Ord. 392, 8-16-2021)

   A.   Definition And Purpose:

      1.   A "nonconforming use" is a parcel, use, or structure which was legal when commenced or built, but which does not conform to subsequently enacted or amended regulations.

      2.   It is the purpose of this section to allow, but not encourage, the continuation of nonconforming uses. Nonconforming uses shall not be allowed to expand in size or increase in intensity except as provided by this chapter.

   B.   Continuation And Expansion of Use: A nonconforming use may be continued indefinitely. Unless they become a conforming building or use, nonconforming buildings or uses shall not be enlarged or expanded except as permitted under subsection E of this section or as follows: Non-conforming buildings may be expanded or enlarged so long as the expansion or enlargement does not encroach into any setback. Enlargement or expansion includes, but is not limited to, any alteration to the original building or use which would increase its size or intensity of use. The existence of a nonconforming use shall not be adequate justification for permitting other uses prohibited by this title.

   C.   Discontinuance Of Use: Property with nonconforming uses discontinued for more than one year shall thereafter only be used for conforming uses. An intent to resume operation of a nonconforming use without actual operation of the nonconforming use shall not be sufficient by itself to allow resumption of a nonconforming use after one year of nonuse of the nonconforming use. Evidence must be provided by the individual of the last date the use occurred prior to an interrupted use being allowed to resume. If an illegal intervening use occurs, the nonconforming use will not be allowed to continue at any time. Legally built unused buildings or improvements designed for a purpose which subsequently became nonconforming are subject to the provisions of Idaho Code section 67-6538. Nonconforming uses may not be converted to other illegal or nonconforming uses at any time.

   D.   Repair And Restoration: After obtaining the proper building permits, ordinary repair work is permitted on any nonconforming structure, provided that the size of the structure is not increased and that the repair work does not result in an increase in the nonconformity of the building or use, subject to chapter 9-5 of this title. After obtaining the proper building permits, a nonconforming building or building containing a nonconforming use which has been damaged or destroyed by natural causes may be restored to its former size and use, provided such restoration work is started within one year of damage and the building permit is not subsequently abandoned or does not expire prior to completion, subject to chapter 9-5 of this title. A nonconforming building or building containing a nonconforming use that is intentionally moved or torn down cannot be replaced; except nonconforming dwellings may be replaced as provided by subsection E of this section, subject to chapter 9-5 of this title.

   E.   Replacement Of Nonconforming Dwellings: Nonconforming single-family dwellings that exceed the permitted residential density may be expanded or replaced, regardless of size, if the new or enlarged single-family dwelling unit conforms to all other provisions of this title. A residence may only be replaced or expanded if it has been permanently occupied for at least one year immediately prior to replacement or if the residence meets the standards for a residential building under the provisions of the Latah County Building Code adopted by Latah County.

   F.   Dwellings On Nonconforming Parcels And Lots: Existing parcels, as defined in section 9-8A-2 of this title, or lots platted and approved by the Board of Latah County Commissioners prior to the effective date of this title which do not meet the size or frontage requirements for their present zoning designation shall be considered nonconforming parcels. Single-family dwellings may be placed on nonconforming eligible parcels, provided that the new residence meets the zone's setback requirements. Adjacent parcels in the same ownership may be combined to provide adequate setbacks for new residences. Single-family dwellings may be placed on nonconforming eligible parcels, where setbacks cannot initially be met, provided that the owner of the nonconforming parcel completes one or more boundary line adjustments in accordance with section 9-8D-2 of this title to make the parcel meet the size, setback, and frontage requirements of its zoning designation. A single-family dwelling on a nonconforming parcel shall not be considered a nonconforming building, provided it meets all setback requirements of the zone. (Ord. 392, 8-16-2021)

   A.   Definition And Purpose:

      1.   Home occupations are commercial or business uses conducted in a residence or residential accessory building. For a use to be permitted as a home occupation, the commercial or business activity shall meet the standards of subsection B of this section.

      2.   It is the purpose of this section to accommodate the needs of small scale businesses which could not be initiated if separate facilities were required. As a small business expands beyond the scope of the home occupation standards, it is the intent of this section to have the operations moved to a suitably zoned location.

   B.   Standards: Upon written request of the operator or other affected person, the Planning Department shall determine if commercial or business activity located within a residence or existing residential accessory building conforms to the following standards:

      1.   The enclosed floor space required for the commercial or business activity, if located in a residence, shall not exceed fifty percent (50%) of the living space of the residence or, if located in an accessory structure, shall not exceed the floor space of the residence.

      2.   The building shall retain the character of a residence or residential accessory building. One sign to identify the business, unlighted and no larger than four (4) square feet, shall be permitted. No additional outside signs, displays or other decorations shall be used to indicate that the residence is used for commercial or business purposes.

      3.   No outside commercial or business activity or outside storage of materials related to the home occupation shall be permitted. All parking associated with the activity shall be off the public right-of-way.

      4.   The commercial or business use shall be operated by the person(s) occupying the residence, and this residence must be their primary residence, and no more than six (6) persons, not residing on the property, may be employed at a home occupation.

If the activities do not conform to these standards, the Planning Department shall order the activity to cease immediately. (Ord. 392, 8-16-2021)

Upon written request of the owner of the affected property and for which this is a request for their personal situation, the Board of Latah County Commissioners may permit the placement of one temporary dwelling in excess of that permitted within the property's zoning designation. The applicant's request must explain why the existing dwelling on the property is inadequate for the care of a dependent person, must establish that the dependency is the result of the physical or health needs of the dependent, and that other provisions of this title will not allow the placement of the additional dwelling on the affected property. If the Board of Latah County Commissioners finds that the request meets these standards and the dwelling is required to provide regular care for the dependent person, the Board of Latah County Commissioners may grant the applicant's request upon the condition that the approval must be reconsidered annually. For annual renewal of the temporary dwelling, the Board of Latah County Commissioners must find that the facts supporting original approval still exist. Building or installation permits and compliance with setbacks are required for temporary dwellings. Dwellings approved under the provisions of this section shall be no farther than one hundred feet (100') from the existing residence. If it is physically impractical to locate the home within one hundred feet (100') of the existing residence and the applicant can provide proof of this to the Planning Department, the distance to the new temporary home may exceed the one hundred foot (100') limit, but the new home must be located as close as is physically practical to the existing residence. (Ord. 392, 8-16-2021)

Nothing within this title shall be construed to allow a camping trailer, tent, yurt, licensed vehicle or trailer, recreational vehicle, or any other vehicle, accessory structure, or item as a permanent dwelling. No parcel can be used for temporary living quarters for a period of more than six (6) months in a twelve (12) month period, unless permitted for use as specified under a conditional use permit for a campground or recreational vehicle park. (Ord. 392, 8-16-2021)

   A.   New Manufactured Home Developments:

      1.   Manufactured home developments must be located in the Suburban Residential Zone (see chapter 9-3C of this title).

      2.   Those that have four (4) or fewer lots are subject to chapter 9-8B of this title and those that have five (5) or more lots are subject to chapter 9-8C of this title. In lieu of a plat, manufactured home developments must submit a scaled drawing/map by an engineer or surveyor licensed in the State of Idaho of the manufactured home development showing all easements, numbered lots, lengths of boundaries of each lot, exterior property boundaries, internal streets, alleys, and drives with widths and courses clearly shown, and all of the other required attributes, such as the water system or the buffer yards, set forth in either chapter 9-8B or 9-8C of this title.

      3.   Manufactured home developments subject to chapter 9-8C of this title that have all manufactured buildings smaller than one thousand six hundred (1,600) square feet will be allowed to develop sites that are sized at seven thousand two hundred sixty (7,260) square feet of land or more exclusive of easements.

   B.   Existing Manufactured Home Developments:

      1.   Existing manufactured home developments must be brought into compliance with chapter 9-8C of this title if they wish to alter or expand, including moving spaces or adding new spaces.

      2.   All spaces or manufactured homes must be permanently numbered meeting the standards set forth in the Latah County uniform rural addressing ordinance and must be clearly visible from the driveway/road/lane.

      3.   All roadways internal to the development (park) must be kept in good repair. No parking or placement of other items is allowed on roadways internal to the development (park) to ensure at least twenty feet (20') of width for emergency vehicle access.

      4.   Existing space conversion into RV spot:

         a.   An administrative zoning permit is required.

         b.   Existing spaces must be in previously approved spaces in the manufactured home development. The number of new RV spaces shall reduce the number of permanent trailer spots in the park by an equal amount.

         c.   No more than one space conversion per ten (10) spaces in the development.

         d.   Solid waste receptacles shall be permanent and paid for by the park.

         e.   Each RV space must be permanently numbered on a post.

         f.   A six foot (6') buffer must be provided between any RV space and any adjacent property not owned by the development/park owner.

         g.   If the adjacent property is in a different zoning designation, a six foot (6') high fence or other permanent buffer, either of which provides a visual and a safety barrier, as approved by the Planning Department, must be installed.

         h.   All septic hook ups must be of a quick disconnect variety and must be approved by the appropriate regulatory agency.

         i.   All water hook ups must be a quick disconnect and may not be permanently connected to the water system via plumbing. All quick disconnect connections must have a vacuum breaker or a backflow valve installed. If any changes are made to water lines to accommodate an RV they must be permitted and approved by the appropriate regulatory agency.

         j.   All electrical hookups must be a quick disconnect plug and must be approved by the State electrical inspector.

         k.   Two (2) parking spaces for a vehicle shall be provided per unit.

         l.   Any existing RV spaces in the park shall also come into compliance with the above, but shall not be counted in the total.

         m.   RVs shall retain the character of an RV by maintaining wheels, not having skirting or skirting being easy break-away, and generally being ready to move at any time. (Ord. 392, 8-16-2021)

This section of code is required by Idaho Code Title 67, Chapter 97 to provide a voluntary application process to allow agricultural and timber producers to commit lands actively devoted to agriculture or forestry uses for those same uses. This designation aims to protect productive farmland, rangeland, and forest land; promote farm viability; support the local agricultural economy; and provide for long-term planning stability.

   A.   Definitions - For The Purposes Of This Section Only:

      1.   Agriculture Production: Activities or conditions conducted on land actively devoted to agriculture as defined in section 63-604, Idaho Code, or on forest land as defined in section 63-1701, Idaho Code.

      2.   Agriculture Protection Area: Specific parcels of land in a designated geographic area voluntarily created under the authority of this chapter for the purpose of protecting and preserving agricultural land.

      3.   Agriculture Protection Area Commission: The advisory board to the governing body created pursuant to section 67-9705, Idaho Code and Section 9-4C-6.B of this regulation.

      4.   Applicant: Anyone who owns five (5) contiguous acres or more of land that has been in active agricultural or forest production for the previous three (3) consecutive years, consistent with the provisions of sections 63-604 and 63-1701, Idaho Code, and who voluntarily applies for that land to be part of an agricultural protection area.

      5.   Area Of City Impact (AOI): Area designated by county ordinance where city growth and development are expected to occur.

      6.   Farm Structure: A structure designed to be used on a farm. These structures require a zoning placement permit, an agricultural building permit, or a regular building permit depending on what they are used for and their size and nothing in this section of code exempts them from obtaining the required permits.

      7.   Hardship: A situation or circumstance over which a landowner in an Agricultural Protection Area has no control and can then petition for removal for reasons that include but are not limited to an adverse result in litigation against the farm or landowner, death of a close family member that would lead to unanticipated financial hardships, significant tax liabilities, bankruptcy due to another person's fraud, or any other illegal activity.

      8.   Proposal: Written documents submitted to a governing body or agricultural protection area commission from a landowner regarding their property.

      9.   "Regulation that would restrict a farm structure or farming practice" as specified in Idaho Code 67-9710: any complete prohibition of a farm structure (as defined above) or farming practice in Latah County regulations on property designated as an agricultural protection area. Regulations requiring permit(s) or other regulations or requirements that don't outright prohibit a farm structure or a farming practice are not considered to be "regulations that would restrict a farm structure or farming practice," even if the permit is denied because it did not meet code requirements.

   B.   Agricultural Protection Area Commission: An agricultural protection area commission is hereby created and when convened shall consist of three (3) members. Up to five (5) people actively appointed to the Latah County zoning commission and/or the Latah County planning commission that meet the criteria set forth in Idaho Code 67-9705 shall be automatically appointed to serve on the three (3) member agricultural protection area commission for Latah County. If there are more than five (5) members that meet the criteria, the board of commissioners shall choose which five (5) shall serve. Their terms shall run with their appointment to the planning or the zoning commission which are six (6) year cycles. If there are fewer than three (3) people that meet the criteria, the board of commissioners shall find volunteers that meet the criteria to fill the spots and those terms shall be for three (3) years. Staff from the Latah County planning department shall poll eligible members prior to any consideration and, of the individuals that are available, establish who will sit as the three (3) members for any given consideration. The board of commissioners reserves the right to dismiss anyone from this commission.

   C.   Application:

      1.   To qualify to apply for an agricultural protection area designation, the land must be:

         a.   At least five (5) contiguous acres;

         b.   Actively devoted to an agricultural or forest purpose;

         c.   Assessed as agriculture or forest land (assessor's categories 1, 2, 3, 4, 5, 6 and 7);

         d.   Located in the "agriculture/forestry" zoning designation on the Latah County zoning map;

         e.   At least one (1) mile outside of the boundaries of any city;

         f.   Located in the "productive" or "rural" land use designation in the Latah County comprehensive plan;

         g.   Located outside of any current or planned public right-of-ways or transportation corridors;

         h.   Without any residential, commercial, industrial or other non-agricultural related structures or activities on it; and

         i.   Located outside of any areas that have been subdivided as defined in Section 9-2-1 of this regulation.

      2.   Landowners wishing to establish an Agricultural Protection Area must submit an application to the Planning Department on a form provided by the Department. In addition to anything required within the application, the following must also be submitted: a. Name, phone number, email, and mailing address of the landowner;

         a.   Proof of land ownership;

         b.   A legal description of the parcels, and a description of the structures and facilities and uses proposed to be included in the agricultural protection area;

         c.   A map showing the boundaries of the proposed agricultural protection area;

         d.   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 agricultural protection area;

         e.   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;

         f.   The stated reasons for seeking an agricultural protection area designation;

         g.   A copy of any easements on the property;

         h.   A statement from any nearby city that this will not conflict with any existing city annexation, areas important to the city and their infrastructure, or development plans or agreements;

         i.   A statement from any nearby city of any affect this designation may have on annexation, areas important to the city and their infrastructure, the city's area of city impact, or development plans or agreements; and

         j.   A statement from any Highway District, Forest Service, private owner(s), or Idaho Transportation Department for any roadway, driveway or easement that crosses the property that approval will not have a negative impact on future transportation plans or their current rights of way or easement; and

         k.   A copy of any transportation corridors considered for the designated area or a statement from the relevant highway agency that states there are none; and

         l.   Soil information, water rights, or any other relevant environmental assessments on the property.

      3.   An application fee in compliance with Idaho Code 67-97 is set by separate resolution and shall be required. This fee shall apply to new applications, expansions, modifications, removals and terminations. A separate fee shall be charged for any appeal allowed under Idaho Code 67-97 and shall be set by separate resolution.

      4.   If an application is determined by Planning Department staff to be incomplete, it cannot be accepted by the Planning Department.

   D.   Agricultural Protection Area Process And Criteria:

      1.   Upon receipt of a completed application, the Agricultural Protection Area Commission shall review the proposal and make a recommendation to the Planning Department within sixty (60) days of receiving the application.

      2.   The following criteria shall be used to determine if a property qualifies for an agricultural protection area.

         a.   If there will be any negative impact or possible conflicts with any nearby city, an area of city impact, with city annexation or development plans, or agreements;

         b.   If the designation will have any negative effect or proximity to existing public rights-of-way, planned transportation corridors, future public rights-of- way, and considered public rights of way including public trails;

         c.   If the designation will have any negative effect or will have any proximity to any airport expansion or development;

         d.   Proximity to planned development with existing entitlements;

         e.   Agricultural production of the land within the proposed agricultural protection area;

         f.   The impact the proposal will have on any areas likely to be annexed by a city that are outside of the prohibited areas; and

         g.   Other local impacts relevant to the proposed agricultural protection area.

      3.   Notwithstanding the criteria and review process outlined in this code, the Planning Department may place additional conditions on lands designated as an Agricultural Protection Area, including, but not limited to, setbacks from existing public rights of way, setbacks from existing public structures, and a review of the land's Agricultural Protection Area designation prior to expiration of the designation.

      4.   Once the Agricultural Protection Area commission makes its recommendation to the Planning Department, the Planning Department shall review the recommendation and criteria and issue its decision within sixty (60) days. Failure to make a decision shall render the Agricultural Protection Area commission's recommendation final. The written decision shall comply with Idaho Code 67-9706(2). Said decision is appealable to the Board of County Commissioners within the timeframes set forth in Idaho Code 67-97. The processes set for appeal within Idaho Code 67-97 shall be followed by the Board of County Commissioners.

      5.   Upon the final decision, the Planning Department shall:

         a.   Record the designation of an Agricultural Protection Area including the date of creation, modification or dissolution, a legal description of the area, and the findings/reasoned statement with the county recorder within ten (10) days of the creation of the Area; and

         b.   Amend relevant county maps to reflect the boundaries of the Agricultural Protection Area.

   E.   Expansion, Modification, Termination, And Duration Of An Agricultural Protection Area:

      1.   An expansion of an existing agricultural protection area shall follow the same application, review, and hearing procedures outlined in this code. Any expansion of an agricultural protection area shall be contiguous to the agricultural protection area.

      2.   A modification, removal or termination of an Agricultural Protection Area shall follow the process set forth in Idaho Code 67-9709 and shall follow the same application, review, and procedures outlined in this code and the following:

         a.   Proof of hardship as set forth in this code when applicable;

         b.   Early termination of the Agricultural Protection Area shall only occur upon the proving by the landowner of an undue hardship as defined in this code. The landowner seeking to terminate an Agricultural Protection Area bears the burden of proof in demonstrating the hardship. Early termination of an Agricultural Protection Area is not taken lightly and will be carefully considered. The application will be considered by the Agricultural Protection Area Committee and a recommendation forwarded to the Board of County Commissioners who will make a final decision.

      3.   Lands designated as an agricultural protection area will remain so designated for a period of twenty (20) years. A landowner wishing to end an approved agricultural protection area designation after twenty (20) years must notify the board of county commissioners in writing of their desire not to renew the land's agricultural protection area designation at least ninety (90) days prior to the expiration as specified in Idaho Code 67-9708. Failure of the landowner to notify the county, or failure of the county to review the agricultural protection area terms, will result in the agricultural protection area designation continuing for another twenty (20) years.

   F.   Enforcement, Prohibitions, And Penalties:

      1.   Unless otherwise approved by the board of county commissioners, the following land uses are not allowed within an agricultural protection area:

         a.   The siting of large, confined animal feeding operations (CAFO);

         b.   The siting of residential, commercial, manufacturing, industrial, solar energy, wind energy, or battery storage structures; or

         c.   Any other nonagricultural land uses.

      2.   Enforcement of this section shall be as set forth in this code. (Ord. 402, 12-10-2024; amd. Ord. 407, 6-24-2025)