15. ZONE DISTRICT SPECIFICATIONS

15.1. Use Classes

Unrestricted: Uses not regulated by Boundary County in any zone district

Light: <4 employees, < 20 traffic trips/day

Moderate: All exceeding light use traffic, <11 employees, <=100 traffic trips/day

High Occupancy: All exceeding moderate use traffic, >10 employees, >100 traffic trips/day

Land Intense: All exceeding High Occupancy use, >10 employees, >100 traffic trips/day

Note: Light, Moderate, High Occupancy and Land Intensive uses are Commercial uses;

Conditional uses (except signage, multiple housing structures) are Commercial

Note 2: All Conditional Uses require a Conditional Use Permit

Zone	Density	Unrestricted	Light	Moderate	High Occupancy	Land Intense
Prime For	160	Unregulated	Unregulated	Unregulated	Unregulated	Unregulated
Prime Ag	10	Unregulated	Unregulated	Unregulated	Conditional	Conditional
Ag/For	10	Unregulated	Unregulated	Unreg 500	Conditional	Conditional
Rur/Res	5	Unregulated	Unregulated	Unreg 500	Conditional	Conditional
Suburban	1 - 2.5	Unregulated	Unreg 500	Unreg 1000	Conditional	Conditional
Residential	¼ - 2.5	Unregulated	As specified	As specified	As specified	Prohibited
Rur Com/Cmr	¼ - 2.5	Unregulated	Unregulated	Unregulated	Conditional	Prohibited
Comm/Lt Ind	N/A	Unregulated	Unregulated	Unregulated	By Permit	Conditional
Industrial	N/A	Unregulated	Unregulated	Unregulated	Conditional	By Permit

Unregulated 500: Not regulated by Boundary County when use is located more than 500 feet from any existing residence; conditional use when use is located less than 500 feet from any existing residence.

Unregulated 1000: Unregulated when use is located more than 1,000 feet from any existing residence; conditional use when use is located less than 1,000 feet from any existing residence.

15.2. Unrestricted Uses: Uses not regulated by Boundary County in any zone district. The intent of this class is to characterize property rights from Boundary County’s point of view. Article 1, Section 1 of the Idaho State Constitution defines the inalienable rights of man, stating, “All men are by nature free and equal, and have certain inalienable rights, among which are enjoying and defending life and liberty; acquiring, possessing and protecting property; pursuing happiness and securing safety.” While these uses are not regulated by Boundary County, these uses may be subject to state and federal regulation.

15.2.1. Agriculture and silviculture and structures accessory to those uses.

15.2.2. Animal husbandry, stables, fences, corrals and other livestock enclosures.

15.2.3. Private recreational uses, such as camping, hunting and fishing, parking and operation of recreational vehicles, motorcycles, ATVs, snowmobiles, etc.

15.2.4. Accessory structures such as sheds, storage structures, greenhouses, gazebos, shops and garages.

15.2.5. Remodeling or renovation of an existing structure.

15.2.6. The placement of mobile or modular homes in a lawfully established mobile home park.

15.2.7. Fences, paths and walkways.

15.2.8. Construction, maintenance and upgrade of roads.

15.2.9. Water resource development, drilling water wells, drainage works, ponds and levy construction and maintenance.

15.2.10. Outdoor parking of working vehicles, equipment and trailers.

15.2.11. Outdoor storage of materials and property, including Containers but not to include refuse, out of direct public view in an area less than half an acre in size. (See 15.17. Storage Excess regarding storage of materials and property in public view on half acre or more in size.)

15.2.12. General yard maintenance, landscaping and gardening.

15.2.13. Woodstove, yard waste, slash and field burning.

15.2.14. Firewood collection, storage, burning and sale.

15.2.15. Land clearing or alteration in response to an emergency such as fire, flood or slide, to include but not limited to levy, dike and water control maintenance and upgrade, construction of firebreaks or other fire control measures designed to limit damage in the event of fire.

15.2.16. Events such as yard sales, reunions, flea markets, festivals or other such gatherings that do not exceed seven consecutive days in duration and at which fewer than 500 people will attend at any one time.

15.2.17. Private sales of property through want ads, Craig’s List, E-Bay, etc.

15.2.18. Home school education of children, tutoring and lessons.

15.2.19. Work from a home office or a home-based business intended for profit and which is conducted entirely within the owner or tenant’s primary residence or in a residential accessory structure(s), and which have no outside storage of materials, supplies or wares in direct public view, to include seeing clients.

15.2.20. Signage for an onsite business, not to exceed 32 square feet, not lighted.

15.2.21. Hobbies, which may generate income and include sales, but which do not require an Idaho tax number.

15.2.22. Power production less than 100 kilowatts.

15.2.23. Towers less than 50-feet in height.

15.3. Utility Use: Any land use requiring a property address but for which no residence or commercial structure exists or is currently proposed. Note that a surcharge amounting to the fee associated with the commercial/industrial placement permit will be charged in addition to the fee charged for a utility use permit. Provided a residential placement or commercial/industrial placement permit is issued in less than three years from the issuance of the utility use permit, this surcharge will be refunded at the time the owner is issued such placement permit. (Refer to: 6.6.)

15.4. Light Uses: Commercial uses with three or fewer full-time employees, less than 20 trips traffic per day. Noise similar to a lawnmower is intermittent or present for less than five weeks a year.

15.4.1. Outdoor construction for off-site assembly such as log home or portable building construction, work area less than two acres in size.

15.4.2. Intermittent small sawmill use.

15.4.3. Service oriented business, such as construction or yard maintenance, where work is primarily conducted off-site, but includes outdoor storage of materials and equipment.

15.4.4. Repealed.

15.4.5. Gravel borrow operation without crushing or blasting and selling less than 2,000 yards of material per year.

15.4.6. Service-oriented businesses conducted primarily in a building, such as a garage, auto body, fabrication or machine shop.

15.4.7. Cottage industries such as a cabinet shop.

15.4.8. Artisan studio, painting, pottery, blacksmithing, crafts, etc.

15.4.9. Public or private school, fewer than 30 students.

15.4.10. Public service facilities.

15.4.11. Towers not to exceed 100 feet in height.

15.4.12. Bed and breakfasts or vacation rentals.

15.4.13. Commercial greenhouses and produce stands.

15.4.14. Day care facilities.

15.4.15. Boarding house, less than 10 rooms.

15.4.16. Lighted signage not to exceed 32 square feet for on-site business.

15.5. Moderate Uses: Four to ten full time employees, 20 to 100 trips traffic per day, noise sustained.

15.5.1. Unregulated and light uses exceeding employee, traffic or noise limitations.

15.5.2. Gravel borrow operations selling not more than 10,000 yards per year, crushing or blasting limited to two weeks per year.

15.5.3. Commercial facilities less than 5,000 square feet.

15.5.4. Light industrial, warehousing and distribution facilities less than 8,000 square feet.

15.5.5. Restaurants.

15.5.6. Repealed.

15.5.7. Junkyard.

15.5.8. Tourist attraction.

15.5.9. Towers not exceeding 150-feet in height.

15.5.10. Recreational commercial.

15.5.11. Recreational hospitality, five or fewer units.

15.5.12. Boarding house, more than 10 rooms.

15.5.13. Public or private school, more than 30 students.

15.5.14. Mini storage.

15.5.15. Small saw mill.

15.5.16. Commercial kennels and animal boarding, except where prohibited.

15.5.17. Churches, community halls and other like gathering places, less than 5,000 square feet.

15.5.18. Small scale power production, 100 kilowatt up to one megawatt.

15.5.19. Lighted signage not to exceed 128 square feet for on-site business.

15.6. High-Occupancy Uses: More than 100 trips traffic per day, and/or more than 10 full-time employees.

15.6.1. Moderate uses exceeding employee or traffic limitations but not noisy or odiferous.

15.6.2. Churches, community halls and other like public gathering places exceeding 5,000 square feet.

15.6.3. Retail sales facilities exceeding 5,000 square feet.

15.6.4. Recreational hospitality exceeding five units, such as hotel, motel, resort or conference center.

15.6.5. Towers exceeding 150-feet.

15.6.6. Apartment complex.

15.6.7. Elder care retirement home.

15.6.8. Lighted or digital signage not to exceed 128 square feet for on-site business.

15.7. Land-Intensive Uses: More than 100 trips traffic per day, and/or more than 10 full-time employees. Noisy and/or odiferous. Use does not present substantial life safety concerns such as large explosive hazard, potential large release of poison gas, etc.

15.7.1. Moderate or high-occupancy use exceeding employee, traffic, noise or odor limitations.

15.7.2. Gravel pits or quarries with sales exceeding 10,000 yards per year with crushing, and/or blasting.

15.7.3. Mining, gas and oil extraction.

15.7.4. Towers exceeding 150-feet in height.

15.7.5. Power production greater than one megawatt, such as biomass, wind farm, etc.

15.7.6. Manufacturing, warehousing and distribution greater than 8,000 square feet.

15.7.7. Processing or packaging plant.

15.7.8. Lighted or digital signage not to exceed 600 square foot for on-site business.

15.8. PRIME FORESTRY

15.8.1. Applicability: All designated lands lying within the jurisdiction of Boundary County owned or managed by agencies of state or federal government.

15.8.1.1. Acquisition of Prime Forestry land by other than State or Federal agency will mandate a rezone of the parcel to an appropriate zone (for example, to Agriculture Forestry)

15.8.2. Density: One Hundred Sixty (160) acres.

15.8.3. Structure Setbacks: Conforming parcel: Front yard, 60-feet; Side yard, 50-feet; Back yard, 50 feet. Platted lot or parcel of record: Front yard: 25-feet; Side yard, 20-feet; Back yard, 20-feet.

15.8.4. Uses not Regulated by Boundary County: All activities specifically approved by the U.S. Forest Service or the State of Idaho.

15.9. PRIME AGRICULTURE

15.9.1. Density: Ten acres.

15.9.2. Structure Setbacks: Property line, 25-feet.

15.9.3. Uses Not Regulated by Boundary County: Unrestricted Class, Light Class and Moderate Class Uses.

15.9.4. Uses Requiring County Permit:

15.9.4.1. One (1) single-family primary residential structure on a buildable parcel or lot.

15.9.4.2. Accessory dwelling unit.

15.9.4.3. New primary structure for light or moderate class uses on a buildable parcel.

15.9.4.4. Driveway access to a county road.

15.9.4.5. Utility Use.

15.9.5. Conditional Uses:

15.9.5.1. High-occupancy and land intensive uses.

15.9.5.2. Duplex, multi-family or multi-structure residential.

15.9.5.3. Feed lots.

15.9.5.4. Septage farms.

15.9.5.5. Industrial uses.

15.9.6. Prohibited Uses:

15.9.6.1. CAFO operations exceeding Idaho code 67-6529 (Feedlots).

15.9.6.2. Off premise signs.

15.9.6.3. Junkyards.

15.10. AGRICULTURE/FORESTRY

15.10.1. Density: Ten acres.

15.10.2. Structure Setbacks: Property line: 25 feet.

15.10.3. Uses Not Regulated by Boundary County:

15.10.3.1. Unrestricted Class and Light Class uses.

15.10.3.2. Moderate class uses when located more than 500 feet from any existing residence.

15.10.3.3. Agriculture and silviculture and structures accessory to those uses.

15.10.4. Uses Requiring County Permit:

15.10.4.1. One (1) single-family primary residential structure on a buildable parcel or lot.

15.10.4.2. Accessory dwelling unit.

15.10.4.3. New primary structure for unregulated Light Class or Moderate Class Uses.

15.10.4.4. Off-site commercial greenhouses and produce stands.

15.10.4.5. Driveway access to a county road.

15.10.4.6. Utility Use.

15.10.5. Conditional Uses:

15.10.5.1. Moderate class use when located less than 500 feet from any existing residence.

15.10.5.2. High occupancy and land-intensive uses.

15.10.5.3. Duplex, multi-family or multi-structure residential.

15.10.5.4. Animal boarding facilities, riding or equestrian training facilities, veterinary clinics.

15.10.5.5. Feed lots.

15.10.5.6. Industrial uses.

15.10.6. Prohibited Uses:

15.10.6.1. CAFO operations exceeding Idaho code 67-6529 (Feedlots).

15.10.6.2. Off premise signs.

15.10.6.3. Junkyards.

15.10.6.4. Septage farms.

15.11. RURAL RESIDENTIAL

15.11.1. Density: Five acres.

15.11.2. Structure Setbacks: Property line: 20 feet.

15.11.3. Uses Not Regulated by Boundary County:

15.11.3.1. Unrestricted Class and Light Class Uses.

15.11.3.2. Moderate Class Uses when located more than 500 feet from any existing residence.

15.11.4. Uses Requiring Administrative Development Permit:

15.11.4.1. One (1) single-family primary or duplex residential structure on a buildable parcel or lot.

15.11.4.2. Accessory dwelling unit.

15.11.4.3. New primary structure for unregulated Light or Moderate Class Uses.

15.11.4.4. Driveway access to a county road.

15.11.4.5. Utility Use.

15.11.5. Conditional Uses:

15.11.5.1. Moderate class use when located less than 500 feet from any existing residence.

15.11.5.2. High occupancy and land intensive class use.

15.11.5.3. Multi-structure residential.

15.11.6. Prohibited Uses:

15.11.6.1. CAFO operations exceeding Idaho code 67-6529 (Feedlots).

15.11.6.2. Off premise signs.

15.11.6.3. Junkyards.

15.11.6.4. Septage farms.

15.12. SUBURBAN

15.12.1. Density:

15.12.1.1. Where community water or sewer service are available, 1 acre.

15.12.1.2. Where neither community water service or sewer service are available, 2 ½ acres.

15.12.2. Structure Setbacks: Property line, 20 feet.

15.12.3. Uses Not Regulated by Boundary County:

15.12.3.1. Unrestricted Class Uses.

15.12.3.2. Light Class Uses when located more than 500 feet from any existing residence.

15.12.3.3. Moderate Class Use when located more than 1,000 feet from any existing home.

15.12.4. Uses Requiring Administrative Development Permit:

15.12.4.1. One (1) single-family primary or duplex residential structure on a buildable parcel or lot.

15.12.4.2. Accessory dwelling unit.

15.12.4.3. New primary structure for unregulated Light Class or Moderate Class Uses.

15.12.4.4. Driveway access to a county road.

15.12.4.5. Utility Use.

15.12.5. Conditional Uses:

15.12.5.1. Multi-family or multi-structure residential.

15.12.5.2. Light Class Use when located less than 500 feet from any existing residence.

15.12.5.3. Moderate Class Use when located less than 1,000 feet from any existing residence.

15.12.5.4. High Occupancy Use.

15.12.5.5. Land Intensive Use.

15.12.6. Prohibited Uses:

15.12.6.1. CAFO operations exceeding Idaho code 67-6529 (Feedlots).

15.12.6.2. Off premise signs.

15.12.6.3. Junkyards.

15.12.6.4. Feed lots.

15.12.6.5. Commercial kennels and animal boarding facilities.

15.12.6.6. Septage farms.

15.13. RESIDENTIAL

15.13.1. Density:

15.13.1.1. Where both community water and sewer service is available: ¼ acre.

15.13.1.2. Where community water or sewer service, but not both, are available, 1 acre.

15.13.1.3. Where neither community water service or sewer service are available, 2 ½ acres.

15.13.2. Structure Setbacks: 20-feet from a road, side yard, 5-feet, back yard, 5-feet.

15.13.3. Uses Not Regulated by Boundary County:

15.13.3.1. Unrestricted Class Uses.

15.13.4. Uses Requiring a County Permit:

15.13.4.1. One (1) single-family primary or duplex residential structure on a buildable parcel or lot.

15.13.4.2. Accessory dwelling unit.

15.13.4.3. Driveway access to a county road.

15.13.4.4. Utility Use.

15.13.5. Conditional Uses:

15.13.5.1. Cottage industries, such as cabinet shop.

15.13.5.2. Artisan studio, painting, pottery, blacksmithing, crafts, etc.

15.13.5.3. Public or private school.

15.13.5.4. Bed and breakfast or vacation rental.

15.13.5.5. Day care facilities.

15.13.5.6. Elder care retirement home.

15.13.5.7. Multi-family or multi-structural residential.

15.13.5.8. Recreational commercial or recreational hospitality.

15.13.5.9. Churches and community halls.

15.13.5.10. Service oriented business, such as construction or yard maintenance, where work is primarily conducted off-site, but includes limited outdoor storage of materials and equipment. (See: 15.17.)

15.13.5.11. Public service facilities.

15.13.5.12. Towers exceeding 50-feet in height.

15.13.6. Prohibited Uses:

15.13.6.1. CAFO operations exceeding Idaho code 67-6529 (Feedlots).

15.13.6.2. Land Intensive Class Uses.

15.13.6.3. Off premise signs.

15.13.6.4. Junkyards.

15.13.6.5. Industrial uses.

15.13.6.6. Gravel pits.

15.13.6.7. Commercial kennels and animal boarding facilities.

15.13.6.8. Septage farms.

15.14. RURAL COMMUNITY/COMMERCIAL

15.14.1. Density:

15.14.1.1. Where community water and sewer service is available: ¼ acre.

15.14.1.2. Where community water or sewer service, but not both, are available, 1 acre.

15.14.1.3. Where neither community water service or sewer service are available, 2 ½ acres.

15.14.2. Structure Setbacks: 20-feet from a road, side yard, 5-feet, back yard, 5-feet.

15.14.3. Uses Not Regulated by Boundary County:

15.14.3.1. Unrestricted, Light Class and Moderate Class Uses.

15.14.4. Uses Requiring a County Permit:

15.14.4.1. One (1) single-family primary or duplex residential structure and accessory residential structures on a buildable parcel or lot.

15.14.4.2. Accessory dwelling unit.

15.14.4.3. Primary structures for Light and Moderate Class Uses.

15.14.4.4. Driveway access to a county road.

15.14.4.5. Utility Use.

15.14.5. Conditional Uses:

15.14.5.1. Multi-family or multi-structure residential.

15.14.5.2. Light industrial uses with primary structures exceeding 5,000 square feet.

15.14.5.3. Commercial uses with primary structures exceeding 5,000 square feet.

15.14.5.4. Industrial uses.

15.14.5.5. Off-premise signs.

15.14.5.6. Land-intense and High-occupancy Class Uses.

15.14.5.7. Mobile home parks.

15.14.6. Prohibited Uses:

15.14.6.1. CAFO operations exceeding Idaho code 67-6529 (Feedlots).

15.14.6.2. Junkyards.

15.14.6.3. Gravel pits, quarries and mines.

15.14.6.4. Commercial kennels and animal boarding facilities.

15.14.6.5. Septage farms.

15.15. COMMERCIAL/LIGHT INDUSTRIAL

15.15.1. Density: None. Minimum parcel size must be sufficient to accommodate the use and provide level of services necessary.

15.15.2. Structure Setbacks: 20-feet from a road, side yard, 5-feet, back yard, 5-feet.

15.15.4. Uses Not Regulated by Boundary County:

15.15.4.1. Unregulated, light, moderate and high occupancy class uses.

15.15.4.2. Public service facilities.

15.15.5. Uses Requiring a County Permit:

15.15.5.1. Commercial and light industrial uses and commercial accessory structures, with primary structures not exceeding 15,000 square feet.

15.15.5.2. Not more than one owner/caretaker’s residence per lot or parcel.

15.15.5.3. Primary structures for Light, Moderate and High-occupancy Class Uses.

15.15.5.4. Towers.

15.15.5.5. Driveway access to a county road.

15.15.6. Conditional Uses:

15.15.6.1. Commercial and light industrial uses with primary structures exceeding 15,000 square feet.

15.15.6.2. Recreational commercial or recreational hospitality.

15.15.6.3. Industrial uses.

15.15.6.4. Junkyards.

15.15.6.5. Off-premise signs.

15.15.6.6. Gravel pits, quarries or mines.

15.15.6.7. Land-intense class uses.

15.15.7. Prohibited Uses:

15.15.7.1. CAFO operations exceeding Idaho code 67-6529 (Feedlots).

15.15.7.2. Residential use with the exception of an owner/caretaker residence.

15.15.7.3. Septage farms.

15.16. INDUSTRIAL

15.16.1. Density: None. Minimum parcel size must be sufficient to accommodate the use and provide level of services necessary.

15.16.2. Structure Setbacks: 20-feet from a road, side yard, 5-feet, back yard, 5-feet.

15.16.3. Uses Not Regulated by Boundary County:

15.16.3.1. Unregulated, Light and Moderate Class Uses.

15.16.3.2. Junkyards.

15.16.4. Uses Requiring a County Permit:

15.16.4.1. Primary structure for Light and Moderate Class Uses.

15.16.4.2. Land-intense Class Use.

15.16.4.3. Commercial and industrial uses.

15.16.4.4. Not more than one owner/caretaker’s residence per lot or parcel.

15.16.4.5. Driveway access to a county road.

15.16.5. Conditional Uses:

15.16.5.1. Off-premise signs.

15.16.5.2. Uses which present substantial life safety concerns such as large explosive hazard, potential large release of poison gas, etc.

15.16.5.3. Chemical processing or refining.

15.16.5.4. High Occupancy Class Uses.

15.16.6. Prohibited Uses:

15.16.6.1. CAFO operations exceeding Idaho code 67-6529 (Feedlots).

15.16.6.2. Residential use with the exception of an owner/caretaker residence.

15.16.6.3. Septage farms.

15.17. Storage Excess

15.17.1. Provisions of this section apply to all properties in Boundary County at the time this Ordinance takes effect with the understanding that if a violation is deemed to exist the property owner, when so notified, will have a reasonable time to correct the violation (See: 15.17.2.1.1.).

15.17.2. Except as provided for in Section 15.2.11, storage of property, if stored outdoors in plain sight in excess of the allowable acreage as specified, shall be considered a violation of this ordinance.

15.17.2.1. The administrator will send the property owner, by certified mail, with return receipt requested, a notice of violation which will contain the specific provisions of this ordinance alleged to have been violated.

15.17.2.1.1. The owner of the property so notified will have 30 days to respond and make arrangements to correct this violation within an agreed upon time frame.

15.17.2.1.1.1. Failure to make such arrangements within 30 days of notification will result in a notice that Injunctive Action will be taken (provisions of Section 4.2.).