ORDINANCE NO. 457 AMENDMENT TO TITLE 12, OF THE BONNER COUNTY REVISED CODE
LAND USE CODES -
MISCELLANEOUS
PROCEDURES, STANDARDS
AN ORDINANCE OF BONNER COUNTY, IDAHO, SETTING FORTH ITS AUTHORITY AND AMENDING CHAPTERS 3, 4, 21, 22 AND 23 OF TITLE 12, BONNER COUNTY REVISED CODE BY ESTABLISHING THE STATUS OF THE PLANNING COMMISSION RECORDS AT BOARD PROCEEDINGS; CLARIFYING THE PENALTIES SECTION BY SETTING FORTH THE MISDEMEANOR PENALTIES; PROVIDING A "STOP WORK" ORDER FOR VIOLATIONS OF LAND USE CODES; REINSTATING A REVOCATION CLAUSE FOR FAILURE TO COMPLY WITH TERMS AND CONDITIONS OF CONDITIONAL USE PERMITS; ESTABLISHING A DENSITY BONUS OF 1 DWELLING UNIT FOR EACH 10% OF ADDITIONAL OPEN SPACE PROVIDED RATHER THAN 1% FOR PLANNED UNIT DEVELOPMENTS; REDEFINING LOT LINE ADJUSTMENTS TO EXCLUDE PROJECTS IN WHICH PUBLIC RIGHT-OF-WAY IS PROPOSED FOR DEDICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Idaho Code, Title 67, Chapter 65, provides for the adoption of procedures for the review and processing of permits, for the adoption of standards, and for the enforcement of ordinances and regulations; and,
WHEREAS, the Bonner County Board of Commissioners has adopted procedures for the review and approval of development standards and procedures in accordance with the provisions of Idaho Code, Title 67, Chapter 65; and, Bonner County desires to amend some of the development standards and procedures within Title 12, Bonner County Revised Code, as provided for in Idaho Code, Title 67, Chapter 65; and,
WHEREAS, the Bonner County Planning and Zoning Commission did hold a public hearing January 13, 2005, and did make recommendations to the Board of County Commissioners; and,
WHEREAS, the Bonner County Board of County Commissioners did hold a public hearing February 17, 2005.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Bonner County, Idaho that the following be and is hereby adopted as an ordinance of Bonner County:
SECTION 1: AUTHORITY.
This Ordinance is adopted pursuant to the authority granted at Chapter 65, Title 67, Idaho Code, and pursuant to the procedural requirements contained at Section 67-6509, Idaho Code.
SECTION 2:
PART A: COMMISSION RECORD
There is hereby added to Section 12-324, Bonner County Revised Code, a new paragraph (c), which shall read as follows:
12-324, Conduct of meetings, records, open to public.
(c)The written records, transcripts, audio tape recordings, or other written, audio or video evidence received or compiled by the Commission in the conduct of its meetings or hearings shall be automatically incorporated into the record of the Board for the Board's consideration of appeals or recommendations from the Commission.
PART B: VIOLATIONS AND PENALTIES
Section 12-492, of the Bonner County Revised Code is hereby amended to read as follows:
PART B1:
12-492, Violations and penalties. Penalties for failure to comply with, or violations of the provisions of this title shall be as follows: Violation of any of the provisions of this title or failure to comply with any of its requirements shall constitute a misdemeanor, which shall be punishable by imprisonment in a county jail not exceeding six (6) months, or by a fine not exceeding three hundred dollars ($300.00), or by both. Each day such violation continues shall be considered a separate offense. The landowner, tenant, subdivider, builder, or any other person who commits, participates in, assists in or maintains such violation, may be found guilty of a separate offense. Nothing herein contained shall prevent the board of county commissioners or any other public official or private citizen from taking such lawful action as is necessary to restrain or prevent any violation of this title or of the Idaho Code.
PART B2:
There is hereby added to Chapter 4 of Title 12 of the Bonner County Revised Code a new section 12-493, which shall read as follows:
12-493, Authority, issuance of stop work order, unlawful continuance.
(a)Whenever the planning director finds any activity regulated by this title being performed in a manner contrary to the provisions of this title, the Planning Director or his or her designee is authorized to issue a stop work order.
(b)The stop work order shall be in writing and shall be posted on the premises where the activity is occurring or given to the owner of the property involved, or to the owner's agent, or to the person or persons performing the work. Written notice shall also be provided by the planning department by certified mail to the landowner at the address shown on the county assessor's tax rolls. Upon issuance of a stop work order, the cited activity shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited activity will be permitted to resume.
(c)Any person who shall continue to work or perform an activity after having been served with a stop work order, without the expressed written authorization of the Planning Director, or his or her designee, shall be subject to the penalties as prescribed by this title.
PART C: REVOCATION OF PERMIT
PART C1:
Section 12-2101, paragraph (c), of the Bonner County Revised Code, is hereby amended to read as follows:
12-2101, Conditional uses, general provisions.
(c) Conditional use permits issued under the terms of this chapter shall be valid for the life of the use at the location for which the permit was issued unless an expiration date is specified in the conditional use permit or unless a permit has been revoked under the terms of this title. Conditional use permits shall be deemed to run with the land to which they are attached, and the terms of such permits shall not be modified, abrogated or abridged by a change in ownership of such lands.
PART C2
Section 12-2131 of the Bonner County Revised Code is hereby amended to read as follows:
12-2131, Conditional use permits, expiration, revocation, limitation. A conditional use permit shall expire if not issued within two (2) calendar years from the date of approval, or once issued, if the use has not commenced within two (2) calendar years from the date of issuance. At any time prior to the expiration date of the conditional use permit, an applicant may make a written request to the planning director for a single extension of the conditional use permit for a period up to two (2) years. The planning and zoning commission at any regular meeting, or board of county commissioners at any regular meeting, may consider such request for extension. The extension request must be approved or denied prior to the expiration date of the conditional use permit. A conditional use permit may be revoked by the commission for failure to comply with the terms, conditions or restrictions of the conditional use permit. Prior to revoking a permit, the commission shall conduct a public hearing, in accord with the noticing and procedures set forth in this chapter, to consider the permit revocation, and may revoke the permit or impose additional conditions or restrictions to bring the permit into compliance, upon a finding that there is substantial evidence that the terms of permit approval have been violated.
PART D: BONUS DENSITY FOR PLANNED UNIT DEVELOPMENTS
Section 12-2240, paragraph (d) of the Bonner County Revised Code is hereby amended to read as follows:
12-2240, Design standards for planned unit developments.
(d) Development density and design standards. The unit density of a PUD (dwelling units/acre) shall not exceed the density of the zone district in which it is located; except that, as an incentive to provide additional open space, the unit density of a "cluster" development design may be increased by one dwelling unit for each additional ten (10) percent of open space provided but not to exceed twenty five percent (25%) above the density allowed by the underlying zone. The other minimum development standards of this title may be increased or decreased sufficient to accomplish design objectives in the utilization of natural or created amenities, i.e., topographic features, water frontage, seasonal recreational uses, etc.
PART E: LOT LINE ADJUSTMENT DEFINITION
Section 12-2360, paragraph (a), of the Bonner County Revised Code is hereby amended to read as follows:
12-2360, Readjustment of lot lines within platted subdivisions.
(a) The procedures set forth in sections 12-2361 through 12-2364 of this chapter shall be used to process applications for minor notational changes as defined and any adjustment of platted lot lines between two (2) or more existing adjacent lots or parcels where land taken from one lot or parcel is added to an adjacent lot or parcel, but not to include readjustments where public right-of-way is proposed for dedication. Where dedication is proposed, the procedures for short plats, as set forth in this chapter, shall be followed. Applications for readjustment may include:
SECTION 3: SEVERABILITY
The provisions of this Ordinance are hereby declared to be individually severable. Should any provision of this ordinance be declared invalid by a court of competent jurisdiction, such declaration shall not affect the validity of the remaining provisions.
SECTION 4: EFFECTIVE DATE
This Ordinance shall be in full force and effect upon its passage and publication in one (1) issue of the Bonner County Daily Bee Newspaper. Regularly considered, passed and approved as an ordinance of Bonner County, Idaho, done this 17th day of February, 2005, upon the following roll call vote:
Chair Phillips: Aye
Commissioner Dye: Aye
Commissioner Young: Aye
Marcia L. Phillips, Chair
Karl J. Dye, Commissioner
Joseph E. Young, Commissioner
ATTEST: Marie Scott, Clerk
Kathrynn Feist, Deputy Clerk
Legal SNP #5877
February 25, 2005