This chapter establishes the A Agricultural Zoning District, the purpose of which is to provide for continued production on the County's best croplands. This zoning district also allows for initial processing of agricultural commodities, farm services, and other rural resource related activities including mining, silviculture, and recreation. See the "agricultural" land use categories in the comprehensive plan for further clarification of the intent of this zoning district. (Ord. 2019-01, 1-14-2019)

The permitted uses in this zoning district shall be:

   Accessory uses and structures customarily associated with the uses permitted in the A Zoning District, including one accessory dwelling for each agricultural processing or farm service use, mine, or resource related recreation use.

   Agriculture (except confined feeding operations and land application [of wastewater or sludge] fields, which are defined as industrial uses).

   Continued operation and expansion of existing initial agricultural processing, farm service, and resource related recreational uses.

   Continued production at, and expansion of, existing mines.

   Home occupations, in compliance with the performance standards in section 10-17-2, "Appendix B, Home Occupations", of this title.

   Minor utility installations.

   Silviculture. (Ord. 2019-01, 1-14-2019)

The uses permitted in the A Zoning District after public review for compliance with the applicable performance standards and approval of a special use permit shall be:

Low impact industrial uses which:

   A.   Do not require movement of the final product or byproducts by surface transportation.

   B.   Do not produce pollutants which exceed the limits established by State environmental laws.

   C.   Do not produce adverse consequences for conventional agricultural production on nearby lands as a result of the establishment or use of the developed facilities.

   D.   Do not produce external effects which adversely affect the peaceful enjoyment of neighboring lands to a degree which would exceed the impact of normal agricultural practices.

   E.   Do not produce burdens upon roads, schools or other public facilities that are not substantially mitigated by special use conditions or design features.

   F.   Would not be located where buildings and facilities would produce significant adverse impacts to public vistas and the natural landscape of the County.

   G.   Result in density that would be compatible with the capacity of the site and of the surrounding area.

      New confined feeding operations, feedlots, fish farms, commercial kennels and land application fields, schools and churches.

      New initial agricultural processing and farm service uses.

      New mines.

      New resource related recreational uses. (Ord. 2019-01, 1-14-2019)

All uses not permitted by section 10-4-2 or 10-4-3 of this chapter shall be prohibited. (Ord. 2019-01, 1-14-2019)

Note that the performance standards of subsections 10-4-6A10 and B of this chapter also affect the placement of buildings.

   A.   Setbacks: Setbacks from public roads and property lines shall be required, as shown in subsection B, tables 1 and 2 of this section.

   B.   Additional Specification Standards For Residential Development: Additional specification standards for the limited residential development permitted in the A Zoning District are shown in table 2 of this subsection.

TABLE 1

MINIMUM SETBACKS FROM PROPERTY LINE

 

 

The determination that a use is similar shall be made by the Administrator. Any dispute over the Administrator's decision may be resolved using the appeal procedure of subsection 10-2-3A of this title. Note that the buffering requirements of section 10-13-8, table 2 of this title, may apply to residences in certain locations, resulting in greater setback requirements.

TABLE 2

SPECIFICATION STANDARDS FOR DWELLINGS

All Setbacks From Property Line

 

Note that the buffering requirements of section 10-13-8, table 2 of this title, may apply to residences in certain locations, resulting in greater setback requirements.

(Ord. 2019-01, 1-14-2019)

   A.   Specific To The A Zoning District:

      1.   Dwellings In The A Zoning District:

      2.   Resource Management Easement: No permit shall be issued for a dwelling in the A Zoning District, except upon the recording of a resource management easement, as shown in section 10-4-7, table 3 of this chapter.

      3.   Fencing Out Livestock: All homesites in the A Zoning District that are, or are intended to be, in separate ownership shall have a lawful fence, as defined by Idaho Code section 35-101 or 35-102.

      4.   Location:

         a.   The Commission, in considering any application to develop or place a new confined feeding operation, land application field, initial agricultural processing use, farm service use, solid waste disposal site, or mine, that will be within two thousand six hundred forty feet (2,640') from an existing residence, or new residential development, schools or churches, or considering a new residence or new residential development that will be within two thousand six hundred forty feet (2,640') from an existing confined feeding operation, land application field, initial agricultural processing use, farm service, use, solid waste disposal site, or mine, may either grant or deny said application, after considering the following criteria at a special use hearing:

            (1)   Population density surrounding applicant's property;

            (2)   The nature and type of uses being made on the property surrounding applicant's property;

            (3)   Prevailing wind direction;

            (4)   The availability to, and quality of, roads and highways near the applicant's property;

            (5)   Rights-of-way for ingress, egress, and utilities;

            (6)   The nature, type and intensity of use proposed by applicant;

            (7)   Impact on water and air quality;

            (8)   Impact on public roads and highways;

            (9)   Whether applicant's proposed use will create offensive odors;

            (10)   Any impact, positive or negative, that applicant's use will have upon any existing business or industry within one-half (0.5) mile of applicant's property;

            (11)   Any impact, positive or negative, that applicant's use will have upon any of the aforementioned criteria or other interests not specifically identified herein.

   Conditions: Conditions may be imposed by the Board if the conditions are clearly designed to assure compliance with one or more specific requirements of this title, and a list of all conditions imposed is provided to the developer with notice of the decision.

   Exception: Transfer stations will be exempt from this subsection A4.

   Conditions: Conditions may be imposed by the Commission if the conditions are clearly designed to assure compliance with one or more specific requirements of this title, and a list of all conditions imposed is provided to the developer with notice of the decision.

   Further, in the event the Commission finds that a permit should be issued, then prior to issuance of said permit, the applicant shall execute an acknowledgement confirming that they know their land is within one-half (0.5) mile of an existing industrial use or Industrial Zone boundary and that applicant may experience, or suffer, adverse effects therefrom, such as dust, noise, odor, increased traffic, or other undesirable effects not specifically listed herein. In the event the applicant fails or refuses to execute said acknowledgment then the permit shall not issue.

   Furthermore, said acknowledgement shall be recorded in the Office of the Power County Recorder.

         b.   Existing residences located within specified restricted areas may be replaced if removed or destroyed but no new residential permits will be issued to build in these areas without hearing and approval by the Board pursuant to subsection A4b of this section.

      5.   Signs: See section 10-17-1, "Appendix A, Signs", of this title, for sign standards for the A Zoning District.

      6.   Surface Mines: The expansion or establishment of a surface mine shall be in compliance with the "Rules and Regulations Governing Exploration and Surface Mining Operations in Idaho", promulgated by the State Board of Land Commissioners.

      7.   Confined Feeding Operations: The expansion or establishment of a confined feeding operation shall be in compliance with the "Idaho Waste Management Guidelines for Confined Feeding Operations", published by the Idaho Department of Health and Welfare, Division of Environmental Quality.

      8.   Land Application Of Wastewater: The expansion or establishment of a field for the application of wastewater shall be in compliance with the "Guidelines for Land Application of Municipal and Industrial Wastewater", published by the Idaho Department of Health and Welfare, Division of Environmental Quality.

      9.   Landscaped Buffers: New initial agricultural processing, farm service, mining, and resource related developments shall provide landscaped buffers for adjoining, existing dwellings that are in separate ownership and any area zoned RR, or any area within the AOCI Zoning District that is zoned for residential development. The buffer provided shall be in compliance with subsection 10-13-5D of this title, with resource related recreational developments providing the buffer required for commercial (C Zoning District) developments, and all other developments listed herein providing the buffer required for heavy industrial (HI Zoning District) developments.

      10. Resource Related Recreational Uses: Resource related recreational uses may have one accessory dwelling, as provided in section 10-4-2 of this chapter. Such uses may also provide temporary accommodations in the form of campsites or guestrooms, but only where an adequate water supply and sewerage are provided, as evidenced by the approval of the health district, and where the number of such accommodations is limited to no more than ten (10) per acre, or one hundred (100) sites or rooms total.

   B.   Countywide Performance Standards: All developments in the A Zoning District are subject to the Countywide performance standards of this title, as applicable. (Ord. 2019-01, 1-14-2019; amd. Ord. 2020-02, 2-24-2020)

(Ord. 2019-01, 1-14-2019)