ORDINANCE NO. 458 INTERIM ORDINANCE - URBAN SERVICES

| February 24, 2005 8:00 PM

AMENDMENT TO TITLE 12, (LAND USE CODES)

OF THE BONNER COUNTY REVISED CODE

AN ORDINANCE OF BONNER COUNTY, IDAHO, SETTING FORTH ITS AUTHORITY AND AMENDING CHAPTERS 9, 11, 12, 13 AND 14, OF TITLE 12, BONNER COUNTY REVISED CODE BY SETTING FORTH THE MINIMUM LOT OR PARCEL SIZE FOR THE SUBURBAN, COMMERCIAL, RURAL SERVICE CENTER DISTRICT, INDUSTRIAL AND RECREATION ZONING DISTRICTS BASED ON URBAN WATER AND SEWER SERVICES; 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, Idaho Code, Title 67, Chapter 65, further provides that if a governing board finds that a plan, a plan component, or an amendment to a plan is being prepared for its jurisdiction, it may adopt interim ordinances; and

WHEREAS, Bonner County is preparing an amendment to the comprehensive plan and has recognized the need to provide adequate separation between individual subsurface sewage disposal systems and wells to avoid adverse impacts to adjoining properties; and

WHEREAS, Bonner County desires to safeguard water quality and property rights by increasing the site area minimums for lots or parcels served by individual subsurface drainfields and individual wells, 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 interim 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: SUBURBAN DISTRICT

PART A1:

Section 12-921, paragraphs (a) and (b) of the Bonner County Revised Code, are hereby amended to read as follows:

12-921, Minimum lot size, subdistricts.

(a) One acre minimum lot size, where either urban water or urban sewer service, as defined under "Urban Services" of Chapter 2 of this Title, is available, or two and one-half (2?) acres or a 1/256th aliquot division of the section site area minimum elsewhere, except as provided for in this Section.

(b) Within the Suburban District, there are hereby created two (2) subdistricts, the boundaries of which shall be shown on the Official Zoning Map or supplemental zoning maps of Bonner County. The subdistricts shall be:

(1) Suburban-1/4 (S-1/4): Site area minimum: Ten thousand (10,000) square feet where all urban services, as defined, are available; or one (1) acre where either urban water or urban sewer service, as defined under "Urban Services" of Chapter 2 of this Title, is available or two and one-half (2-1/2) acres or a 1/256th aliquot division of the section where neither urban water nor urban sewer services, as defined under "Urban Services" of Chapter 2 of this Title, is available.

(2) Suburban-1/3 (S-1/3): Site area minimum: Twelve thousand (12,000) square feet where all urban services, as defined, are available; or one (1) acre where either urban water or urban sewer service, as defined, is available or two and one-half (2-1/2) acres or a 1/256th aliquot division of the section where neither urban water nor urban sewer services, as defined under "Urban Services" of Chapter 2 of this Title, is available.

PART A2:

Section 12-930, paragraph (a), of the Bonner County Revised Code, is hereby amended to read as follows:

12-930, Uses permitted, uses by right.

(a) Residential uses: Single-family structures and mobile homes used as a single-family residence on the applicable minimum lot size; and duplex structures on lots of one (1) acre minimum size in the Suburban-1/4 and Suburban-1/3 subdistricts where all urban services, as defined are available, and duplex structures in the Suburban-1/4, Suburban-1/3 and Suburban districts on two (2) acres where either urban water or urban sewer service, as defined, is available or five (5) acres where neither urban water nor urban sewer services, as defined under "Urban Services" of Chapter 2 of this Title, is available.

PART B: COMMERCIAL DISTRICT

Section 12-1121, paragraph (a), of the Bonner County Revised Code, is hereby amended to read as follows:

12-1121, Minimum lot size.

(a) Site area minimum: Ten thousand (10,000) square feet where all urban services are available; one (1) acre minimum lot size, where either urban water or urban sewer service, as defined under "Urban Services" of Chapter 2 of this Title, is available, or two and one-half (2-1/2) acres or a 1/256th aliquot division of the section site area minimum elsewhere.

PART C: RURAL SERVICE CENTER DISTRICT

PART C1:

Section 12-1221, of the Bonner County Revised Code, is hereby amended to read as follows:

12-1221, Minimum lot size.

(a) The site area minimum for residential uses shall be: Twelve thousand (12,000) square feet where all urban services are available; or one (1) acre where either urban water or urban sewer service, as defined under "Urban Services" of Chapter 2 of this Title, is available, or two and one-half (2-1/2) acres or a 1/256th aliquot division of the section site area minimum elsewhere.

(b) The site area minimum for commercial, light industrial and other nonresidential uses shall be: Ten thousand (10,000) square feet where all urban services are available; or one (1) acre where either urban water or urban sewer service, as defined under "Urban Services" of Chapter 2 of this Title, is available, or two and one-half (2-1/2) acres or a 1/256th aliquot division of the section site area minimum elsewhere.

PART C2:

Section 12-1230, paragraph (a), of the Bonner County Revised Code, is hereby repealed, and a new paragraph (a) is hereby added which shall read as follows:

12-1230, Uses permitted, uses by right.

(a) Residential uses. One single-family structure or mobile home used as a single-family residence on the applicable minimum lot size as set forth in this chapter; or a duplex structure on a lot of one (1) acre minimum size, where all urban services, as defined under "Urban Services" of Chapter 2 of this Title are available or on two (2) acres where either urban water or urban sewer service, as defined, is available, or five (5) acres where neither urban water nor urban sewer services, as defined, is available.

PART D: INDUSTRIAL DISTRICT

Section 12-1321, of the Bonner County Revised Code, is hereby amended to read as follows:

12-1321, Minimum lot size. Minimum site requirements: Ten thousand (10,000) square feet where all urban services are available; or one (1) acre where either urban water or urban sewer service, as defined under "Urban Services" of Chapter 2 of this Title, is available, or two and one-half (2-1/2) acres or a 1/256th aliquot division of the section site area minimum elsewhere.

PART E: RECREATION DISTRICT

PART E1:

Section 12-1421, paragraphs (a) and (b), of the Bonner County Revised Code, are hereby repealed and a new paragraph (a) is hereby added which shall read as follows:

12-1421, Minimum lot size.

(a) Residential uses: One single-family dwelling or mobile home used as a single-family residence on twelve thousand (12,000) square feet, where all urban services are available, or one (1) acre where either urban water or urban sewer service, as defined under "Urban Services" of Chapter 2 of this Title, is available or two and one-half (2-1/2) acres or a 1/256th aliquot division of the section where neither urban water nor urban sewer services, as defined under "Urban Services" of Chapter 2 of this Title, is available.

PART E2:

Section 12-1430, paragraph (a)(1), of the Bonner County Revised Code, is hereby amended to read as follows:

12-1430, Uses permitted, uses by right.

(a) Residential uses:

(1)Single-family residences and mobile homes used as single-family residences with a minimum lot area of twelve thousand (12,000) square feet, where all urban services are available, or one (1) acre where either urban water or urban sewer service, as defined under "Urban Services" of Chapter 2 of this Title, is available or two and one-half (2-1/2) acres or a 1/256th aliquot division of the section where neither urban water nor urban sewer services, as defined, is available.

PART E3:

Section 12-1440, paragraph (c) of the Bonner County Revised Code, is hereby amended to read as follows:

12-1440, Conditional uses within district.

(c) One duplex (two-family dwelling) on a single lot or parcel with a minimum lot area of fifteen thousand (15,000) square feet where all urban services are available; or on two (2) acres where either urban water or urban sewer service, as defined under "Urban Services" of Chapter 2 of this Title, is available, or five (5) acres where neither urban water nor urban sewer services, as defined under "Urban Services" of Chapter 2 of this Title, is available

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 for one (1) full year upon its passage for 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 #5878

February 25, 2005