Resolution - 1987 - 06-87 - Adopting Impact Area Boundaries - 10/13/1987
RESOLUTION NO. --'-::j'?
A RESOLUTION ADOPTING THE EAGLE AREA OF CITY IMPACT AGREEMENT AND
THE EAGLE CITY/ADA COUNTY REFERRAL PROCESS AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the 1975 Local Planning Act requires that Ada
County and each of its cities establish Area of City Impact
boundaries for each city and designate plans and ordinances to
apply within such Areas of City Impact; and
WHEREAS, Idaho Code § 66-6526A establishes procedures
and deadlines for establishing such Area of City Impact Agreement;
and
WHEREAS, Ada County and the City of Eagle did adopt an
Area of City Impact Agreement which became effective October 3,
1980; and
WHEREAS, Idaho Code § 67-6526D provides that Areas of
City Impact shall remain fixed until both governing boards agree
to negotiate; and
WHEREAS, Ada County and the City of Eagle have
renegotiated their Area of City Impact pursuant to the require-
ments of Idaho Code; and
WHEREAS, the proposed Area of City Impact Agreement
calls for a referral process agreement to be adopted establishing
procedures for amending plan policies and ordinances and for the
processing of zoning applications;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF EAGLE, IDAHO:
Section 1: That the City of Eagle hereby adopts the
Eagle Area of City Impact Agreement, the terms of whicb. Çire
spelled out by reference to Ada County Ordinance No. /¿{/ , and
Eagle City Ordinance No. /J I, which documents are attached
hereto and incorporated herein.
Section 2: That the City of Eagle hereby adopts the
Eagle City/Ada County Referral Process Agreement, attached hereto
and incorporated herein.
Section 3: That this Resolution shall be in full force
and effect immediately upon its adoption and approval.
~ day ~~o~~~~co~n~~~7~f the City of Eagle, Idaho, this
~ day ~~J~~M~y~~8~: the City of Eagle, Idaho, this
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/3Oc-'87
CITY OF EAGLE/ADA COUNTY REFERRAL PROCESS AGREEMENT
Section 1.0 AMENDMENT OF CITY COMPREHENSIVE PLAN AND ORDINANCES
.1.1 All proposed amendments to the Eagle Comprehensive Plan, the Eagle
Subdivision Ordinance and shall be forwarded to the Ada County
Department of Development Services by the Eagle City Clerk at least
fifteen (15) days prior to any public hearing on any such proposed
amendment(s), whether said amendment(s) is before the Eagle Planning
and Zoning Commission or the Eagle City Council. The Ada County
Department of Development Services shall .determine whether or not such
amendment(s) is in conflict with one or more of the Comprehensive Plan
or the Ada County Zoning Ordinance. The Ada County Department of
Development Services shall notify the Eagle Planning and Zoning
Commission,.or the Eagle City Council, as the case may be, of such
determination .in writing prior to or at such public hearing. Such
input from the County shall not be binding or controlling on the City
of Eagle, but shall be treated as documentary evidence.
1.2 When the Eagle City Council has rendered a final decision to adopt
an amendment to the Eagle City Comprehensive Plan, the Eagle City
Subdivision Ordinance, or the Eagle City Zoning Ordinance, the Eagle
City Clerk shall,.within fifteen (15) days forward a copy of the final
document to the Ada County Department of Development Services and the
Board of Ada County Commissioners, along with a notice as to when the
amendment will take effect .in the City. Within thirty (30) days after
the receipt of the amendment, the Board of Ada County Commissioners
shall either protest the amendment and request renegotiation of the
area of city impact ordinances, or if necessary, shall direct the Ada
County Planning and Zoning Commission to schedule the amendment for
public hearing as an amendment to. the area of city impact ordinance.
Section 2.Q AMENDMENT OF COUNTY COMPREHENSIVE PLAN AND ZONING
ORDINANCE.
2.1 All proposed amendments to the County Comprehensive Plan and/or
the Ada County Zoning Ordinance shall be forwarded by the Ada County
Department of Development Services to the Eagle City Clerk at least
forty-five (45) days prior to any public hearing on any such proposed
amendment(s). The Eagle City Council. and/or the Eagle Planning and.
Zoning Commission shall determine whether or not such amendment is in
conflict with one or more of the goals, objectives, policies or
provisions of the Eagle City Comprehensive Plan, the Eagle City
Subdivision Ordinance, or the Eagle City Zoning Ordinance. The Eagle
City Council shall notify the Ada County Department of Development
Services of such determination in writing prior. to or at such public
hearing. Such input from the City shall not be binding or controlling
on the County, but shall be treated as documentary evidence.
2.2 The Board of Ada County Commissioners shall notify the City of
Eagle, in writing, of the County's action on such amendment(s) within
fifteen (15) days following a final decision on such matter along with
notice as to when the amendment(s) will take effect in the County.
Within forty-five (45) days after the receipt of the amendment(s), the
Eagle City Council shall either protest the amendment(s) and request
renegotiation of the Area of City Impact Ordinances, or if necessary,
shall direct the Eagle City Planning and Zoning Commission to schedule
the amendment for public hearing as an amendment to the Area of City
Impact Ordinance.
Section 3.0 PROCESSING.OF LAND USE APPLICATIONS IN THE EAGLE AREA OF CITY
IMPACT
3.1 The Ada County Department of Development Services shall send to
the Eagle City Clerk all county applications for planned developments,
subdivisions, rezones, and.conditional use permits located within the
Eagle Area of City Impact, forty-five (45) days prior to any county
public hearing on such application. The Eagle Planning and Zoning
Commission or the Eagle City Council shall make recommendations to the
Director of the Ada County Department of Development Services on such
application, in writing, and shall .cite those Eagle Subdivisions
Ordinance or Eagle Comprehensive Plan policies, goals, objectives or
provisions supporting such recommendation. Such recommendation shall
be received by the Director of the Ada County Department of Development
Services no later than thirty (30) days after the Eagle City Clerk has
received such application. Such input from....
3.2 Neither the Board of Ada County Commissioner nor the Ada County
Planning' and Zoning Commission shall hold a public hearing on such
application until the recommendation of Eagle City Council or Eagle
Planning and Zoning Commission, as the case may be, has been received,
or the date the County should have received said Counsel's or
Commission's recommendations, specified above, has passed.
3.3 The Ada County Department of Development Services will notify the
Eagle City Clerk in writing of the County's action on land use
applications located within the Eagle Area of City Impact but outside
the Eagle City Limits within fifteen (15) days following final decision
by the appropriate County agency on such matter.
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Ordinance No. 181
AN ORDINANCE AMENDING THE ADA COUNTY CODE, TITLE 9, CHAPTER 2, THE
EAGLE AREA OF CITY IMPACT; CLARIFYING THE EAGLE AREA OF CITY IMPACT BOUNDARY
MAP REFERRED TO IN THE ADA COUNTY CODE; RENUMBERING VARIOUS PROVISIONS OF
THE ADA COUNTY CODE DEALING WITH THE EAGLE AREA. 'OF CITY IMPACT; DELETING
PROVISIONS ALREADY MANDATED BY THE IDAHO CODE; ALLOWING THE CITY OF EAGLE
AND THE COUNTY OF ADA TO REVISE THE REFERRAL PROCESS RESOLUTION FROM TIME TO
TIME AS MAY BE APPROPRIATE; AND TO STANDARDIZE ADA COUNTY CODE TREATMENT OF
AREA OF CITY IMPACT FORMAT.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ADA COUNTY,
IDAHO, THAT THE FOLLOWING SECTIONS OF THE ADA COUNTY CODE BE REVISED TO READ
AS FOLLOWS:
9-2-1:
AREA OF CITY IMPACT BOUNDARY:
A. The Eagle Area of City Impact is the area designated on the Eagle Area
of City Impact Boundary Map, fully incorporated by reference, copies of
which are available at the Ada County Development Services Department.
B. In tAe case tAat a property under single. ownership is divided by the
boundary line of the Eagle Area of City Impact, if such line divides
such property so that one or both of the parts' has a depth of three
hundred feet (300') or less, such part may be included in the
jurisdiction within which the remainder and larger portion of the
prqperty is located.
G~ ~~SR aRRe~atisR Sf aRY ~S~tiSR Sf tAe a~ea Sf €ity iffi~a€t iRts tRe G~ty
er ~o.g~<-, tAe ~t<'SVtStSRS Sf tAtS a~t<'eeffieRt sAaH AS tSA~et<' a~~tY ts
SHEA aARe*ee a~eas~ fGt<'a~ 98, 9-26-8Gt G~a~ 99, 9-26-89, eff~ lG-6-89j
9-2-2:
ANNEXATION TO OCCUR ONLY IN AREA OF CITY IMPACT:
A. tAe-bt ty-ef-~a~te-SAat t - + tffiH-t tS -aAAe*a H8A-Sf-HA~A€S~~et<'a tea
te~~itst<'y-ts-tA8se-taRas-w4thiA-4ts-a~ea-sf-€tty-4ffi~a€t~--ff-tAe-Gity
sf-~a~te-wtsRes-ts-aARe~-+aRas-sHts~ae-ef-tts-a~ea-8f-€tty-4ffi~a€t,~4t
witt-~eAe~8Hate-its-a~ea-ef-€tty.-tmJ3a€t-l3ei:tRaal"y-wHA-Aea-G8l:lRty-tA
a€€el"a-wttR-feaAs-Geae-67-6~26faj~ - .
Annexation by the City of Eagle shall be limited to those lands lying
within the Area of City Impact and being contiguous to the boundaries
of the City of Eagle.
B. fR-tHfA,-Aaa-G8l:lAty-w4tt-R8t-pefffi~t-l:lfl3aA-aeVet8pffieAt-te-~€eHt<'-eHts4ee
ef-tRe-at<'eas-ef-eity-tffil3aet,-w4tR-tRe-e*€ef3t48A-ef-the-~tal"-~t<'l3aA
~et<'vtee-PtaAAiA~-Al"ea-aA~-the-b8Htl=lwest-G8ffiffiHA~tY~--t~H€I=l-aeVet8pffieRt
att8Wee-aY-leRiRg-4A-e*isteAee-as-8f-th~s-~ate-ffiay-ae-f3efffi4tte8~1--ff
the-e8l:lAty-eetel"ffiiAes-that-HPbaA-eeVet8f3ffieAt-sh8Hta-8eeHl"-tR-aA-al"ea
eHtsiee-ef-aR-al"ea-ef-etty-4ffil3a€t,-4t-ffiay-atteffi~t-te-t<'eAe~8ttate-aA
· .ea -af -.m~aE .-aB. A~a .y-. A-aEEa.~-w' .ll-l~alla-~B~e -.mir~ t~l ~ [l))
OCT 8 1987
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tRet~6e-t~e-s~Bje€t-taR6~--+~e-~ses-aRe-feSt6eRttat-6eRSttteS-~ePffittte6
tR-t~e-AP-f-aRe-AP-2-~eRes-ef-tAe-A6a-Ge~RtY-teRtR~-gfetRaR€e-a~
ef-t~tS-6ate-SAatt-Sefve-as-a-~~teettRe-fef-eetefffitRtA~-t~ese
~ses-aRe-eeRstttes-w~t€~-ee-Ret-€~ASttt~te-~feaR-eeYete~ffieRt.
Upon annexation~ the provisions of this Chapter shall no longer ~
to the annexed area.
9-2-3:
APPLICABLE PLAN POLICIES AND ORDINANCES~
A. +Ae-~a~te-GeffiJ'lfeAeRStYe-PtaA;-as-aEle~te6-aRe-affieR6e6-By-tRe-Gtty
ef-~a~te-aRe-ay-Aea-Ge~Rty;-as-ef-getesef-f4;-f9gg;-sAatt-a~~tY
wttA4R-tAe-~RtReef~efatee-apea-ef-e4ty-4ffi~aet-tA-aeeefe-WttA-tAe
~feY4steRS-ef-tRtS-a~peeffieAt~--~t-tS-Repesy-etaftftee~tAat-tAtS
~taR-sRa+t-Be-4Rtep~petee-sY-tAe-G4ty-ef-~a~te-aRe-Aea-GeHRtYT
fep-aRy-~pe~e5ee-pe~eRe~ef-taAe-4A-tRe-A~Fte~tt~patfRHpat
ReSteeRtta+-eest~Rat4eR-te-reRe-etstptets-etAep-tAaA-AP-I-ep-AP-2
etstptets;-te-pe~HtPe-a-J'ltaA-affieReffieRt-wAteA-we~+6-8est~Aate-SHeA
taRe-as-YPBaR-Res4eeRt4atl-Geffiffiefetat-ef-IRe~StP4at-eR-tRe~baRe
~se-Ma~;-RefeBy-fHtly-4Reef~efate6-BY-FefefeReeT-eeptes-ef-wAteR
afe-aYattaste-fep-tRs~eet4eR-at~t~e-A6a-beHRty-Gfewth-MaRa~meRt
ge~aPtffieRt~ .
The - ~ Comprehens i ve Pl an, as adopted and a~Qy the City of
Eag1e-on"'March 10, 1987 ~ ResoTUtion No. 1-87, sha pply within tne
Eagle Area of City Impact.
B. BetR-tRe-G4ty-ef-~a~te-aRe-Aea-GeHRty-s~att-affieR8-tAe4p-Ge~J'lfeReRS4ve
P+aAS-te-eeRfefm-w4tR-tA4s~a~feeffieRt.
C. +Ae-A8a-Ge~RtY-teAtA~-gpe4RaR€e-SRatt-aJ'l~+y-wttRtR-tRe-HRtReep~epatee
~a~te-Afea-ef-GttY-~ffiJ'la€t-te-tffiJ'lteffieRt-J'ltaR-J'lett€tes.--+Re-Ge~Rty
SRatt-€eAttAHe-te-HJ'l8ate-ttS-~eRtR~-efe4AaA€e-te-J'lpeY4ee~e4stpt€tS
ffiepe-a~~pe~ftate-te-tffiJ'l+effieRt-tRe-GeffiJ'lfeAeRS4Ye-PtaR-J'let~€tes.
All subdivision p~ats situated wit' ~ r a of City Impact shall be
submitted to the ~ ~Eaqle f r a rov , in addition to Ada County
approval, as provided ~ Idaho Code - 3 . -
D. 4R-aeeef8-wttR-IeaRe-Ge6e-Bg~f6GeT-att-ptats-sttHate8-wttRtR-tRe-Ea~te
Apea-ef-Gtty-IffiJ'laet-sRall-se-sHsmtttee-te-the-Gtty-ef-Ea~te-aR8-Be
a~~feYee-sY-tRe-Gtty-Ge~R€ttT-tA-aeettteA-te-Aea-GeHRty-a~~feYat;
eefefe-tRe-same-SRatt-~e-reee~eee.--+Re-~a~te-GttY-be~A€tt-SRatt-~Se
tRe-~a~+e-teAtA~-aA6-~HB64Y4steA-Qf6tRaAEes-aAe-tRe-~agte-beffi~FeAeRStYe
P+aA-as-g~t6ettAeS-fep-a~~feYtA~-tAese-~tats~
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The Ada County Zoning Ordinance (Ada County Code, Title ~ shall be
used to implement this Chapter. .- =::.
9-2-4:
~QNING QF= bANg WItHIN' AR~A QF= bIn IMPAb++ AMENDMENT OF PLAN
POLICIES AND.ORDINANCES -- ----
A. Re~eRtR~-ef-fijpa~-~aR~-te-ijf~aA-~eSt~Rat4eRs-sha~~-~eRepa~~y-eeeijp-as
the-pesij~t-ef-aRRe~atteR-ef-sijeh-taRs-te-tAe-btty-ef-~agte~--I~~tAese
~*ee~t4eRs-wAepe-FeleRtRg-eaRRet-~e-aeeeffi~JtSAe~-as-a-fesijJt-ef
aRR~*atteRT-A6a-beijRty-sAa~J-€eRsi~ep-sijeA-peleRtRgs-iR-eeeFStRatteR
w4th-tAe-btty-ef-EagJe-as-~peYt6e6-w4tAiR-this-agpeeffieRt~
All applications for County and City amendments to their respective
com,rehenSive Plans and implementing ordinances _ which apply within the
~ Area of ~ity Impact shall be sent by the entity considering such
amenamentto t e other en~ ~ separate~ferral Process shan be
adopted -~ reSOl uti on ~ each entity, regardi ng procedures - and time
peri ods for, and the effect ~ sendi ng such amendments, and such
resolution ~ be amended from tlme to time upon mutual agreement in
writing ~ ~ County and the City of Eagre:-
B. +Aese~taR6s-witAiR-tAe-EagJe-Afea-ef-gity-Iffi~a€tT-wAt€h-ape-~feseRtJy
leRe8-iReeRsisteRtty-wtth-the-Eag~e-beffi~peheRStYe~P~aRT-SAatt~~e
eeRsi~epe~-tR-the-fijtijpe-fep-pereRtR~-~y-the-beijRty-te-a-leRe-~tstpt€t
ef-the~A~a-beijAty-~eRiR~-Qp~tRaA€e-WAt€h-ts-tR-a€eeFe-witA-the
~es4gRatieR-aAefeF-~etietes-ef-the-Eag~e-beffi~peheRSiYe-PtaR~--YRtit
Sijeh~FeleAiA~-e€eijPS1-tAese-~ap€ets-shatt-FeffiatA-ijR~eF-thetP-€ijppeRt
Aea -beijR ty- ~eRtR~ ~'--ReleRtRg -ef- tAeSe-ta Res - SAa H -~e-eee petRa tee -wi th
the-bity-ef-Eagte-as-~peYi~e~-w4tAiR-tAis-a~peeffieAt.
All county app1i.cations for planned developments, subdivisiol1~ .!:.~zones
and conditionals us~ permits \-!ithin. the ~agle Area of City lmpac~ shall
be sent to Eag1 e , ~ accordance Wl th ~ Referra 1Processarn ved at
pursuant to subsection A, above.
A new section 9-2-5 shall be added to read as follows:
9-2-5: ZONING WITHIN THE EAGLE CITY AREA OF CITY IMPACT: County zoning
districts 'shall be in accordance with the adopted plan policies identified
in Section 9-2-3 above.
9-2-9 6:
RENEGOTIATION OF AGRE~MEN++ PLAN POLICIES AND ORDINANCE
APPLICATION PROVISIONS.
A. tR-aeeep~-w4tA-IeaAe-be~e~67-e626fetT-tAe-bity-ef-Ea~te-ep-Aea-GeijAty
ffiaY~fe~ijest-iA-wpittR~-te-peReget4ate-this-a~peeffieRt-aRy-time;~witRiR
tAipty-f6gt-~ays-ef-peeei~t-ef-sijEA-wFitteA-pe~ijest-~y-eitAef-~aptYT
appaR~emeRts-sRa~t-be-ffia6e-feF-a-meettRg-~etweeA-the-twe-ft}
jijl"is~iEtieAs';"
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~ accordance with Idaho Code 67-6526 (d), the City of Eag 1 e or the
Board of Ada County Commissioners may request, ~ writing, the
renegotiation of a-ny provision of this Chapter at ~ time. Within
thirty (30) days of receipt of such written request Qr either party, a
meetingbetween the two (2) juriSdlCtions shall occur. -
B. Q~~iR~-tRe-~e~ie8-~R-wRieR-feRe~etiatieR-e~-tRis-a~~eemeRt-is
8eeHF~4R~,-a~~-~~eY4s4eRs-ef-th4s-a~FeemeRt-sha~~-Fema4R-4~-effeet
~RH~-a~FeemeRt-etReFw4se-4s-FeaeRea-l3etweeR-tRe-b4ty-ef-!;a~~e-aRa-A8a
Ge~Rty,-aR8-tRe-as~eemeRt-4s-ameAaee-l3y-e~a4RaRee-4R-aeeeFe-w4th-tRe
ReHee-aAa-ReaF4A~-~Feeeal:lFeS-~F8Y4aee-4R-feaRe-Geae-e7-esgg,-e~-~Rt4~
a-aee~a~ate~y-j~agmeAt-fFem-tRe-Q4stFiet-be~Ft-4s-Fe€eiYea,-~R~ess
l3etR-jHF45a4et4eA5-a~Fee-4R-wFit4R~-tRat-tRe-~FeY4s4eAs-ef-tRe
a~FeemeAt-she~~a-he~teFm4Ratea-~Rt4~-a-~eY4sea-a~FeemeRt-eaR-he
FeRe~et4atea.--fgFa.-gg,-9-23-8g,-eff.-fg-3-89t
While renegotiation ~ occurring, all provi"sions of this Chapter shall
remain in effect until this Cha~ter is amended or a substitute
ordinance~ adopte~Eagle and da County, in accordance with the
notice and hearina procedures provided in Title 67, Chapter 65 of Idaho
Code, or until ~ eclaratory judgment from the District Court ~ f~
Provided, however, that this Chapter or stipulated portions, thereof
shall be of no further force and effect if both jurisdictions so agree
Qr mutual 1Yadopted resolUtTOn-:- - - -
APPROVED AND ADOPTED This 24th day of September , 1987.
BOARD OF ADA COUNTY COMMISSIONERS
By:
By:
Commissioner
By:
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ORDINANCE NO. 1;2. I
AN ORDINANCE REPEALING TITLE 8, CHAPTER 8, OF THE EAGLE CITY CODE,
AND ESTABLISHING A NEW TITLE 8, CHAPTER 8, OF THE EAGLE CITY CODE,
ENTITLED AREA OF CITY IMPACT; PROVIDING REQUIREMENTS FOR ANNEXA-
TION; DETERMINING THE PLAN POLICIES AND ORDINANCES TO APPLY TO THE
IMPACT AREA; ESTABLISHING A REFERRAL PROCESS FOR APPLICATIONS FOR
AMENDMENTS TO THE COUNTY AND CITY COMPREHENSIVE PLANS IN CERTAIN
INSTANCES; AND PROVIDING FOR RENEGOTIATION.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
EAGLE, IDAHO, AS FOLLOWS:
SECTION.1:
repealed.
Title 8, Chapter 8, of the Eagle City Code, is hereby
SECTION 2:
A new Title 8, Chapter 8, of the Eagle City Code, is
established to read as follows:
8-8-1:
AREA OF CITY IMPACT BOUNDARY:
A. The Eagle Area of Ci.ty Impact is the area designated on the
Eagle Area of City Impact Boundary Map, fully incorporated by
reference and established by Ordinance No. J 2.;L, copies of
which are available at the Eagle City Hall and the Ada County
Development Services Department.
B. In case a property under single ownership is divided by the
boundary line of the Eagle Area of City Impact, if such line
divides such property so that one or both of the parts has a
depth of three hundred feet (300') or less, such part may be
included in the jurisdiction within which the remainder and
larger portion of the property is located.
8-8-2:
ANNEXATION TO OCCUR ONLY IN AREA OF CITY IMPACT:
A. Annexation by the City of Eagle shall be limited to those
lands lying within the Area of City Impact and being
contiguous to the boundaries of the City of Eagle.
B. Upon annexation, the provisions of this Chapter shall no
longer apply to the annexed area.
- 1 -
8-8-3:
APPLICABLE PLAN POLICIES AND ORDINANCES:
A: The Eagle Comprehensive Plan, as adopted and amended by the,
City of Eagle on March 10, 1987, by Resolution No. 1-87,
shall apply within the Eagle Area of City Impact.
B. Applications for subdivision development in the Eagle Area of
City Impact shall be evaluated for conformance to the design
and improvement standards contained in the Eagle City Code,
Title 9" Chapters 3, and in Chapter 4, Subsections 9-4-1
through 9-4-1-12.
C. All subdivision plats situated within the Area of City Impact
shall be submi tted to the Ci ty of E~gle for approval, in
addi tion to Ada County approval, as provided in Idaho Code
50-1306.
D. The Ada County Zoning Ordinance (Ada County Code, Title 8)
shall be used to implement this Chapter.
:-
8-8-4:
AMENDMENT OF PLAN POLICIES AND ORDINANCES:
A. All applications to Ada County (the "County") or to the City
of Eagle for amendments to their respective Comprehensive
Plans and implementing ordinances which apply within the
Eagle Area of City Impact shall be sent by the entity receiv-
ing such application to the other entity. A separate refer-
ral process shall be adopted by resolution by each entity,
regarding procedures and time period for, and the effect of,
sending such amendments, and such resolution may be amended
from time to time upon mutual agreement in writing by Ada
County and the City of Eagle.
B. All county applications for planned developments,
Subdivisions, rezones, and conditional use permits within the
Eagle Area of City Impact shall be sent to the City of Eagle,
in accordance with the referral process established pursuant
to subsection A, above.
8-8-5:
ZONING WITHIN THE EAGLE CITY AREA OF CITY IMPACT:
A. County zoning districts shall be in accordance with the
adopted plan POlicies identified in Section 8-8-3 above.
.
- 2 -
8-8-6:
RENEGOTIATION OF PLAN POLICIES AND ORDINANCE APPLICATION
PROVISIONS:
A. In accordance with Idaho Code G 67-6526(d), the City of Eagle
or the Board of Ada County Commissioners may request, in
writing, the renegotiation of any provision of this Chapter
at any time. Within thirty (30) days of receipt of such
wri tten request by either party, a meeting between the two
(2) jurisdictions shall occur.
B. While renegotiation is occurring, all provisions of this
Chapter shall remain in effect until this Chapter is amended
or a substitute ordinance is adopted by Eagle and Ada County,
in accordance with the notice and hearing procedures provided
in Title 67, Chapter 65 of Idaho Code, .or until a declaratory
jUdgment from the District Court is final. Provided,
however, that this Chapter or stipulated portions thereof
shall be of no further force and effect if both jurisdictions
so agree by mutually adopted resolution.
SECTION 3:
.-
This Ordinance shall take effect and be in force from and
after its passage, approval, and publication as required by law.
In lieu of publication of the entire ordinance, a summary thereof
in comPliance. with Section 50-9~7~) I~jfo Code, may be published.
DATED this ( -) day of C) U~, 1987.
CITY OF EAGLE
Ada County, Idaho
By {! /iA &-(' 4& '" _
Carol Haley, Mayor 7
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ATTEST:
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City Clerk
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ORDINANCE NO. ) d. :J-
AN ORDINANCE ESTABLISHING THE BOUNDARY OF THE CITY OF EAGLE AREA
OF CITY IMPACT.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
EAGLE, IDAHO, AS FOLLOWS:
Section 1: Pursuant to Section 67-6526, Idaho Code, the
City of Eagle area of city impact shall be that area designated on
the attached map, marked Exhibit A, which is fully incorporated
herein by this reference.
Section 2: In case a property under single ownership is
divided by the boundary line of the Eagle Area of City Impact, if
such line divides such property so that one or both of the parts
has a depth of three hundred feet (300') or less, such part may be
included in the jurisdiction within which the remainder and larger
portion of the property is located.
Section 3:
force from and after
required by law. In
a summary thereof in
may be published.
DATED this
This Ordinance shall take effect and be in
its passage, approval, and publication as
lieu of publication of the entire ordinance,
compliance with Section 50-901A, Idaho Code,
17 day Of~ ' 1987.
CITY OF EAGLE
Ada County, Idaho
By {ltU ~r
Carol Ha e , May r
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Resolution # 500
AT A DULY CONVENED 1vlEETING OF THE BOARD OF AOA COUNTY cor~r'lISSIONERS, THE
FOLLOWING RESOLUTION WAS ADOPTED, TO-WIT:
WHEREAS, the 1975 Local Planning Act requires that Ada County and
ea,ch of its cities establish Area of City Impa.ct boundaries for each city.
and designate plans and ordinances to apply within such Areas of City
Impact; and,
WHEREAS, Idaho Code 66-6526A establishes procedures and deadlines
for establishing such Area of City Impact Agreement; and,
WHEREAS, Adi'\ County and the City of Eagl e did adopt an Area of
City Impact Agreement which became effective October 3, 1980; and,
WHEREAS, Idaho Code Section 67-65260 provides that Areas of City
Impact shall remain fixed until both governing boards agree to negotiate;
and,
WHEREAS, Ada County and the City of Eagle have renegotiated their
Area of City Impact pursuant to the requirements of Idaho Code; and,
WHEREAS, The proposed Area of Ci ty Impact Agreement en 11 s for a
referral process agreement to be adopted establishing procedures for
amending plan policies and ordinances and for thf~ processing of zoning
applications;
. NOW, THEREFORE, BE IT RESOLVED that the Board of Ada County
Commi ss i oners . hereby adopt the Ea~l e Area of City Impact Agreement, the
terms of which are spelled out by referrnce to Ada County Ordinance # 181 ,
Eagl e City Ordi nance # 121 ,whi c~ documents are attached hereto and
incorporated herein; and,
THE BOARD OF ADfJ, COUNTY COMMISSIONERS hereby further adopts the
Eagle City/Ada County Referral Process Agreement, attached hpreto and
incorporated herein.
APPROVED AND ADOPTED by the Board of Ada County Commissionrrs this
24th day of ____September , 1987,
BOARD OF ADA COUNTY COMMISSIONERS
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Micnael L-:' J;rnnson, Chairman
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Judy M Peavey, o~missioner
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ernon L. B sterfe dt, Co~ss"one~./
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Attachment to County Resolution 500
Section 1,1'
CITY OF EAGLE! ADA COUr\TY f~EFERRAL PROCESS AGREEMENT
AMENDMENT OF CITY COMPREHENSIVE PLAN AND ORDINANCES
1 . 1 .kl'l"""propos-e-d""anip.h dme nt s-to..,..the,..Eagle-Compr~hens.i.ve~-P".l.a 11 ,...--th8.---Ea gJ,e,
S u hd-i.y..i-.-s.;io n-,-Ordiuance-a nd-sha.U.......be,..,....f.onwa r-ded_....-to-the........Ada ,......Co u nty
Depa-l'ltmen t,...of.....De,.yeJ,.oopm,e,JJJ..o.$..exy. i.s~ Q.~,~tO-e.Ja 9l~~....ci.t'y~C+erk""at-l ea st--
fjJt,e~n...,.(-"5-)...,days prior to any' puhl ic hearing on any such proposed
Clfl1endmp.nt(s), whether said amendment(s) is beforf" the Eagle Planning
and Zoning Corlilllission or the Eagle City COllneil. The Ada County
Department of Development Services ,shall determine whether or not slJch
amendOlent(s) is in conflict with one or more of Othe Comprehensive Plan
or the Ada County Zoning Ordinance. The Ada County Department of
Development Se)'vices shall notify the Eagle Planning and Zoning
Commission, or the Eagle City Council, as the case may be, of such
determination in writing prior to or at such public hearing. Such
input from the County shall not be binding or controlling on the City
of Eagl e. but sha 11 be treated as documentary evi dence.
~WC]e!l~~,~~~,e,..:C.i.t'y..,..Councilo,has _--rendered.a--fi na.l...-deci s i on...to-adopt
an amendment to the"."Iag1 e.....City.......Comprehens ive.,...,.P...lan,"""the.......Eag,l e Ci ty--..,c
"-Sli5cfViST6'ii-0 rd.inance ,.-ol~--th('......ECl gle,.,,~i.t.v..,.)O'lJ..i.r19 _~QJ:g"i.na nc,e".......the.~ 9 1 e
City Clerk shall, within fifU~en (15) days forward a cOJlY of theina1
document to the Ada County [lE'pa rtment of Deve 1 opment Servi ees a ,j the
Board of Ada COllnty COfl1missioners, along with a notice as to wI 'n the
amendrr:ent will take effect in the City. Within thirty (30) days after
thE~ receipt of the amendment, the Board of Ada County Commissioners
shall either protest the amendment and request renegotiation of the
Clrea of city impact ordinances, or if necessary, shall direct the Ada
County Planning and Zoning. Commission to schedule the amendment for
public hearing as an amendment to the area of city impact ordinance.
Section 2.0
AMEND~ENT OF COUNTY COMPREHENSIVE PLAN AND ZONING
ORDINANCE.
2.1 All proposed amendments to the County Comprehens i ve Pl an a n%r
the Ada County Zoning Ordinance shall be forwarded by the Ada County
'Department of Development Services to the Eagle City Clerk at least
forty-five (45) days prior to any public hearing on any such proposed
amendment(s). The Ea01e City Council and/or the Eagle Plannin9 and
Zoning Commissipn shall dp.termine whether or not slIch amendment is in
conflict with one or more of the goals, objectives, policies or
provisions of the Eagle City Comprehensive Plan, the Eaqlp City
Subdivision Orciinance, or the Eagle City Zoning Ordinance. The Ea91e
City Council (hall notify the JI,da County Department of Development
Services of Sl: h determination in writing prior to or at such Jluhlic
hearing. Such input from the City shall not be binding or controlling
on thp County, IJut shall be .tre2trd as documentr.ry evidence.
2.2 The Board of Ada County Commissioners shall notify the City 01
Eagle, in writin9, of the County's action on such amendment(s) \'dthin
fifteen (15) days followinQ a final decision on such matter alonq with
notice as to when the amendment(s) will take effect in the County.
Within forty-five (45) days after the receipt of the amendment(s), the
Ea0le City Council shall either protest the amendment(s) and request
renegotiation of the Area of City Impact Ordinances, or if necessary,
shall direct the Eagle City Planning and Zoning Commission to schedule
the amendment for publ ic hearing ilS an amendment to the Area of City
Impact Ordinance.
Section 3.0
PROCESSING OF LAND USE APPLICATIONS IN THE EAGLE AREA OF CITY
IMPACT
3.1 The Ada County Department of Development Services shall send to
the Eagle City Clerk all county applications for planned developments,
subdivisions, rezones, and conditional use permits located within the
Eagl e Area of City Impact, forty-fi ve (45) days pri or to any county
public hearing on such application. The Eagle Planning and Zoning
Commission or the Lagle City Council shall make recommendations to the
Director of the Ada County Department of Development Services on such
application, in writing, and shall cite those Eagle Subdivisions
Ordinance or Eagle Comprehensive Plan policies, goals, objectives or
provisions supporting such recommendation. Such recommendation shall
be received by the Director of the Ada 'Count~ Department of Development
Servi ces no 1 ater than thi rty PO) dats after the Eagl e City Cl erk has
received such application. Such--iriput from....
3.2 Neither the Board of Ada County Commissioner nor the Ada County
Planning and Zoning Commission shall hold a public hearing on such
application until the recommendation of Eagle City Council or Eagle
Planning and Zoning Commission, as the case may be, has been rec~ivr.ci,
or the date the County shoul d have recei ved sai d Counsel's or
Commission's recommendations, specified above, has passed.
3.3 The Ada County Department of Development Services will notify the
Eagle City Clerk in writing of the County's action on land use
applicetions located within the Eagle Area of City Impact but outside
the Eagle City Limits within fifteen (15) days following final decision
by the appropriate County agency on such matter.
THE LANGUAGE OF PLANNING AND ZONING
A Glossary of Selected Words and Phrases
00
Idaho Planning Association
DISCLAIMER: The Idaho Planning Association provides this
glossary as a training tool and aid to planning and zoning
commissioners. elected officials and the general public. The
definitions found in local ordinances may differ from those
contained in this document. Therefore. planning and zoning
commissioners and elected officials should become familiar with
the definitions used in their local ordinances.
DEVELOPMENT RIGHTS
DUE PROCESS .
EASEMENT
EMINENT DOMAIN
. 6
. . . . . 7
. . . . . 7
. . . 7
ENVIRONMENTAL IMPACT STATEMENT . . . . 7
. . . 7
EXTERNALITIES
FUNCTIONAL PLANS
FEDERAL EMERGENCY MANAGEMENT
AGENCY (FEMA) ....
GOAL
GROWTH MANAGEMENT
HEARING EXAMINER
HIGHEST AND BEST USE
HOME OCCUPATION
ILLEGAL USE . . .
IMPACT ANALYSIS .
INFILL
INVERSE CONDEMNATION
LAND BANKING
LAND TRUSTS .
LAND USE
. . . . . 8
. 8
. . 8
. . 8
. . . . 8
. . 9
. 9
. 9
. . 9
. 9
10
10
10
............
10
LAND USE PLAN .
LEAPFROG DEVELOPMENT.
LOCAL IMPROVEMENT DISTRICTS .
LOCAL PLANNING ACT
LOT OF RECORD . . .
MANUFACTURED HOUSING
10
11
11
11
11
........
11
MAP, FUTURE ACQUISITIONS. . .
12
METES AND BOUNDS
MOBILE HOMES
MORATORIUM
NON-CONFORMING USES .
NUISANCE
OPEN SPACE
ORDINANCE . .
PERFORMANCE STANDARDS
PLANNED UNIT DEVELOPMENT. .
PLANNING
..............
PLANNING & ZONING COMMISSION. .
PLAT
POLICE POWER
POLICY
POLICY PLANS. .
PRESERVATION.
PRINCIPAL USE .
RESOLUTION
.........
RIGHT OF WAY. .
SITE PLAN
SITE PLAN REVIEW
SPECIAL DISTRICTS (ZONING). .
SPECIAL DISTRICTS .
(LOCAL GOVERNMENT)
SPECIAL USE AND PERMIT
SPOT ZONING
SUBDIVISION .
SUBDIVISION REGULATIONS .
12
12
12
12
13
13
13
13
13
13
14
14
14
15
15
15
15
15
15
15
16
16
16
16
16
17
17
TAKING . . . . . . . . . .
TRANSFER OF DEVELOPMENT RIGHTS . . .
TRANSITIONAL USES . . .
URBAN GROWTH BOUNDARY . . . . . . . .
USE VARIANCE . . . . . . . . . . . .
VARIANCE . . . . . . . . .
VESTED RIGHT . . . . . . . .
ZONING RELATED TERMS:
AESTHETIC ZONING ...... 19
AGRICULTURAL ZONING . . . 19
BUFFER AREAS (ZONES) . ... 20
CLUSTER ZONING . . . . . . . 20
CONDITIONAL ZONING . . . . 20
CONTRACT ZONING . . . . . . . . 20
DENSITY ZONING . . . . 20
DOWN ZONING . . . . 21
EXCLUSIONARY ZONING . . . . 21
FISCAL ZONING . . . 21
FLEXIBLE ZONING . .. ... 21
FLOATING ZONES . . 22
FLOOD PLAIN ZONING . . . . 22
HOLDING ZONE . . . 23
IMPACT ZONING . . . 23
INCENTIVE (BONUS) ZONING. . . . 24
INCLUSIONARY ZONING . . . .. 24
INTERIM ZONING . . . . . . . . . 24
OVERLAY ZONES . . . . . . 24
17
17
18
18
18
18
19
PERFORMANCE ZONING . . . . 25
PHASED ZONING . . . . 25
PUD--PLANNED UNIT
DEVELOPMENT 26
REZONING . . . . 26
REZONING WITH CONDITIONS . . 26
REZONING, CONDITIONAL . . . 26
REZONING, CONTRACT .. . 27
STATEMENT OF INTENT/PURPOSE. 27
TRANSITIONAL USES . . . . . 27
ZERO LOT LINE . . . . . 28
ZONING . . . . 28
ZONING ORDINANCE . 28
GLOSSARY
ACCESSORY USE. An activity or structure
secondary to the principal use on the same lot.
PRINCIPAL USE)
incidental or
(Related term:
ADVOCACY PLANNING. Advocacy planning occurs when a planner
represents one special interest group like a single neighborhood,
the elderly, or an ethnic community. It is a process whereby
affected groups employ professional assistance directly or have a
public planner assigned to them to represent their interests.
Consequently, the advocate will assist clients to formulate a
plan and articulate their interests before the 10cal government.
AIR RIGHTS. The rights to use the space above a property as
a separate negotiable part of the property which can be sold or
leased independently. The air rights can be utilized in two
ways: 1) for a separate development over and above the existing
use or structure, or 2) as transferable development rights for
development above another property.
Air rights projects often involve the utilization of surplus air
space above public or quasi-public structures such as streets,
highways, railroads, and railroad yards. The technique of
transferring air rights to another property is sometimes utilized
to preserve historic landmarks in densely occupied urban areas.
Condemnation or purchase of air rights is also used to preserve
approach safety for designated areas around airports.
(Related term: TRANSFERABLE DEVELOPMENT RIGHTS)
ANNEXATION. The act of attaching unincorporated land lying
contiguous or. adjacent to a municipal corporation. The Idaho
Code (Sections 50-222 through 50-233) provides several conditions
under which annexation may occur. These conditions include the
platting of parcels of five acres or less, the sel1ing off of
contiguous land by metes and bounds in tracts of five acres or
less, and when property owners request annexation. The city may
also proceed with annexation when a tract is entirely surrounded
by property lying wi thin the city boundaries. The annexation
procedure is implemented through an annexation ordinance which
must be filed with the county and Idaho State Tax Commission.
AREA OF CITY IMPACT. Section 67-6526, Idaho Code, the Local
Planning Act, requires that cities and counties adopt a map
identifying an area of city impact within the unincorporated area
of the county. The area of ci ty impact shall be defined
considering the trade area of the city, geographic factors and
areas that can be reasonably expected to be annexed to the city
in the future. The enabling legislation provides three options
of planning and regulating development within the area of city
1
impact including exclusive use of the city pIan and ordinances,
exclusive uses of the county plan and ordinances, or application
of any mutually agreed upon pIan and ordinances.
Following delineation of an area of city impact, persons residing
in such an area are entitled to representation on the city's
planning and zoning commission.
BOARD OF ADJUSTMENT. A quasi-judicial local body whose
members are appointed by the local governing body created by
ordinance. The Board is responsible for hearing appeals from
decisions of the local zoning administrator and to consider
requests for variances, special use permits, and other quasi-
judicial and administrative determinations as may be delegated by
ordinance. In many communi ties some or all of these functions
are performed by the legislative body, a hearing examiner, or the
planning commission. (Related terms: PLANNING COMMISS ION,
HEARING EXAMINER)
BUFFER AREAS (Zones). See ZONING RELATED TERMS.
BULK REGULATIONS. The combination of requirements which
establish the maximum size and shape of a building and its
location on the lot. Their purpose is, first, to assure
sufficient light, air, and open space on the ground and at all
levels of a building and, second, to maintain a compatible and
pleasing appearance.
Components of bulk regulations include: size and height of
building; location of exterior walls at all levels with respect
to lot lines, streets, or other buildings; building coverage;
gross floor area of buildings in relation to lot area (floor area
ratio); open space (yard) requirements; and amount of 10t area
provided per dwelling uni t. (Related terms: REGULATORY
MEASURES, ZONING ORDINANCE, PERFORMANCE STANDARDS)
BUSINESS IMPROVEMENT DISTRICT. Idaho Code Section 50-26
authorizes incorporated cities to create Business Improvement
Districts. The purpose of these districts includes the creation
and maintenance of parking facilities, operation of
transportation services, general physical improvements and the
general promotion of retail trades and/or public events held
within the districts. The city may levy special assessments on
all benefiting businesses located within the district in order to
finance eligible activities.
CAPITAL IMPROVEMENT PROGRAM (CIP). A community's plan which
matches the costs of future projects such as water, sewers,
roads, and schools to anticipated revenues. It's a governmental
time table for constructing permanent improvements and includes
timing of the proj ects, their costs and the methods for
financing. CIP's are usually prepared for five or six years,
2
updated annually and coordinated with the comprehensive planning
process. (Related terms: COMPREHENSIVE PLAN, FUNCTIONAL PLANS)
CARRYING CAPACITY. The level of use which can be
accommodated and continued without irreversible damage to natural
or human resources, the eco-system and the quality of air, land,
and water. (Related terms: IMPACT ANALYSIS, IMPACT ZONING)
CENTRAL BUSINESS DISTRICT (CBD). That part of a city or
town usually centrally located, where traditionally most of its
commercial activities have been concentrated, such as financial,
service, retail, government, entertainment and office. It is
distinguished from shopping centers by the wider range of
business acti vi ties, mul tiple property ownership, more intense
development and the traditional street pattern.
COMPREHENSIVE PLAN. A document or series of documents
guiding the future development of a county or city, or a part
of, and based upon the stated long term goals and objectives of a
community. Such a plan is the result of public input, study and
analysis of existing physical, economic, environmental and social
conditions and a projection of what future conditions are likely
to be. Certain elements of a comprehensive plan, such as land
use and transportation components are required by the Local
Planning Act (Idaho Code, Title 67, Chapter 65) which is the
state enabling legislation for planning.
Once adopted, the plan serves as a guide for making- land use
changes, preparation of implementing ordinances (zoning,
platting), preparation of capi tal improvement programs and the
rate, timing, and location of future growth. ( ReI ated terms:
PLANNING, COMPREHENSIVE PLANNING PROGRAM, POLICY PLANS)
COMPREHENSIVE PLANNING PROGRAM (Process). The whole of the
continuing planning process, including gathering and analysis of
data, consideration of alternatives, formulation of the
comprehensive plan and measures for implementing the plan,
including regulatory, administrative, education, and updating
measures related to the plan. (Related terms: COMPREHENSIVE
PLAN, POLICY PLANS, FUNCTIONAL PLANS)
CONDEMNATION AND EMINENT DOMAIN. Condemnation is the taking
of private property by a government unit for public use when the
owner will not relinquish it through sale or other means. The
power to take the property is based on the concept of eminent
domain, which is the legal right of a government to acquire or
"take" private property for public use or public purpose upon
paying just compensation to the owner.
Condemnation is commonly used to acquire property for highways,
street widening, parks, and utility construction. Property has
also been condemned under eminent domain powers for private use
3
in the public interest, such as urban renewal where the "public
purpose" is the removal of dilapidated structures.
The terms "eminent domain" and "condemnation" are often used
interchangeably, al though condemnation may also mean the
demolition by public authority of an unsafe structure where no
compensation is paid to the owner and the condemned property does
not become public land. (Related terms: INVERSE CONDEMNATION,
TAKING, POLICE POWER)
CONDITIONAL USE AND PERMIT. Certain uses because of their
size, special requirements, or possible safety hazards are
expected to have detrimental effects on surrounding properties,
but may be compatible with the other uses if they are properly
designed. Such uses are classified in zoning ordinances as
conditional uses requiring conditional use permits.
A condi tional use permit is granted after a careful review by
either the board of adjustment, planning and zoning commission,
hearing examiner, and/or governing board. The zoning ordinance
prescribes the necessary standards ("conditions") which will make
the use acceptable in the district. Most zoning ordinances
specify permi tted, accessory, conditional, and limited use
activi ties wi thin each zone designation and establish criteria
for determining the conditions to be imposed.
Publ ic uti I i ties, daycare centers, schools, churches, and
community centers are often considered as conditional uses in a
single family residential zone. (Related terms: NONCONFORMING
USE, ILLEGAL USE)
CONFLICT OF INTEREST. It is a common law principle that
public officers have the duty of serving the public with
undivided loyalty uninfluenced in their official actions by any
private bias or interest, business associations with interested
parties, prejudgment, and family relationships with interested
parties.
The specific interest or bias which would disqualify a public
officer from voting on a particular matter should be a personal
or private one, and not the common interests that the officer
shares with other citizens and property owners. Whether the
particular interest is sufficient to disqualify an officer from
participating depends upon the circumstances of the particular
case. An action that is not fair is invalid. Idaho Code, Idaho
Code, Section 67-6506 of the Local Planning Act includes specific
standards regarding conflict of interesting planning and zoning
matters.
CONSERVATION. Conservation means to manage in a manner
which avoids wasteful or destructive uses and provides for future
4
availability.
(Related term:
It should not be confused with preservation.
PRESERVATION)
CONSERVATION EASEMENT. A tool for acquiring open space with
less than full fee purchase when the public agency buys only
certain specific rights from the owner. These may be positive
rights giving the public rights to hunt, fish, hike, or ride over
the land, or they may be restrictive rights, limiting the owner's
future use of the land. (Related term: EASEMENT, CONSERVATION,
OPEN SPACE, DEDICATION)
CONTRACT ZONING. See ZONING RELATED TERMS
COVENANT. A covenant is an agreement written into deeds and
other instruments promising performance or non-performance of
certain acts, or stipulating certain uses or non-uses of
property. There may be certain legal requirements for formal
establishment of a covenant such as a written document, a mutual
interest in the property, that the covenant be concerned with the
use of land rather than individual characteristics of ownership,
etc. Covenants are commonly used in the establishment of a
subdivision to restrict the use of lots in the development to a
certain type of use, e.g., single family dwellings. They may be
used in rezoning situations, in conjunction with a contract or
conditional rezoning to bind the landowners to use property in a
specific manner to achieve a desired goal. (Related terms:
DEDICATION)
DEDICATION. The assignment of private property to a
specific public use and its acceptance for such use by the
appropriate governmental agency. Dedications for roads, parks,
open space, school sites and other public uses are increasingly
required as a condition for approval of a development. Where
costs are high or a "fee simple" transfer is unnecessary, the
owner may, where authorized, dedicate a portion of the rights
through an easement or other form of less than fee transfer.
Such easements may include dedications for scenic, nonaccess,
pedestrian, utility, drainage, floodway, air space, and other
purposes.
Where land dedication is not appropriate, a cash payment (fee in
lieu of) may be authorized. Both are methods to assess the
developer with more of the public costs of the new development.
(Related terms: EASEMENT, CONSERVATION EASEMENT, OPEN SPACE,
COVENANT, DEDICAT ION, DEVELOPMENT IMPACT FEES, SUBDIVISION
REGULATIONS)
DEDICATION (FEE IN LIEU OF). As mentioned above, this
technique involves cash payments as a substitute for dedications
which are authorized under subdivision regulations when
requirements for mandatory dedication of land are inappropriate.
The conditions under which such payments will be allowed must be
5
spelled out in the regulations. (Related terms:
SUBDIVISION REGULATIONS, DEVELOPMENT IMPACT FEES)
DEDICATION,
DENSITY. The number of families, persons or housing units
per unit of land usually expressed as "per acre". Density is
controlled through zoning, based upon the density indicated in
the comprehensive plan.
DENSITY TRANSFER. This technique permits unused allowable
densi ties in one area to be transferred to another. Where
density transfer is permitted, the average density over an area
remains constant, but allows internal variations. Wi thin a
single development, the result would normally be a clustering of
buildings on smaller lots while retaining some land in open
space. On a larger scale, this is a technique for concentrating
residential densities adjacent to existing urbanized areas with
utilities and outlying areas left open.
In recent years, the application of the density transfer has been
expanded into transfer of development rights. Such charges are
an extension of efforts to make new developments help pay for
their impact on a community. Impact fees may also involve some
effort to predict the total cost to the community for servicing
the new development and to relate it to the tax revenues that
wi 11 be produced by the development once it is completed.
(Related terms: DEDICATION; IMPACT ANALYSIS)
DEVELOPMENT ORDINANCE. The combining of zoning,
subdivision, and other regulations into a single, integrated code
to cover all the provisions appropriate to the conversion and
development of land. While considered a radical departure 10 or
15 years ago and never enacted except as part of planned unit
development provisions, the development ordinance is a basic
feature of the American Law Institute's A Model Land Development
Code and is likely to be more widely used in the future.
DEVELOPMENT RIGHTS. When a piece of property is purchased,
the purchaser also acquires a number of rights towards the use of
that property, such as the right to build a home, a right to
develop commercially, a right to remove gravel or other minerals,
a right to use water, a right to raise crops. Which of these
rights are purchased wi th each property depends on the zoning,
other applicable regulations and the terms of the purchase.
Acquisi tion of development rights is a method for controlling
urban growth and conserving natural resources. Essentially, the
concept involves buying the future development potential for land
and permits the owners to continue the existing use, usually
agriculture, in urbanizing areas. Hence, a county could acquire
a fee or any lesser interest necessary (development rights) to
conserve selected open space, timber, or agricultural lands. A
county could also acquire fee title to such property and convey
6
or lease the property back to its original owner using covenants
or contractual agreements to limit the future use of the
property. (Related term: TRANSFERABLE DEVELOPMENT RIGHTS)
DUE PROCESS. A constitutional requirement that proceedings
be carried out in accordance with established rules and
principles. Commonly, it takes two forms: procedural and
substantive. Procedural due process means an assurance that all
parties to a proceeding are treated fairly and equally, that
citizens have a right to have their views heard, that necessary
information is available for informed opinions to be developed,
that conflicts of interest are avoided and that, the appearance
of, as well as the fact of, corruption does not exist.
Procedural due process requirements are increasingly being
expanded by the legislature and the courts in proceedings
involving zoning changes.
The meaning of substantive due process is less precise, but it
usually refers to the payment by government of "just
compensation" to property owners when their property is condemned
by government or is severely diminished in value because of
government action. (Related terms: CONDEMNATION AND EMINENT
DOMAIN)
EASEMENT. An easement is a right granted by the owner of
land to another party for specific limited use of that land. For
example, a property owner may give or sell an easement on
property to allow light to reach a neighbor's windows. In recent
years, there has been increasing use of open-space easement under
which a property owners sell their development rights to the
government and thereby keep the I and open for agricul ture
conservation, recreation, or scenic purposes. (Related terms:
CONSERVATION EASEMENT, DEDICATION, COVENANT)
EMINENT DOMAIN. See CONDEMNATION AND EMINENT DOMAIN.
ENVIRONMENTAL IMPACT STATEMENT (EIS). A fact finding
report which is required by the National Environmental Policy Act
(NEPA) before a government may authorize a proposed project,
program, law or any other major activity requiring federal
government authorization. The EIS usually contains a description
of the proposal and its location, its environmental effects, plus
available al ternatives to the proposal and possible ways to
mitigate the expected negative effects.
The purpose of the EIS is to make known
what is likely to happen if the proposed
ahead and thus, help them arrive at
(Related terms: IMPACT ANALYSIS)
to the decision makers
project or program goes
an informed decision.
EXTERNALITIES (second impacts, side effects, spillovers).
The consequences of an action on other than the direct targets or
7
beneficiaries. Externalities may be desirable, undesirable, or
some of both; they may be intended or unintended; they may be
political, social, environmental, physical, or fiscal.
Increasingly it is being recognized that all new development has
secondary impacts. Analysis of these impacts is likely to result
in legislation intended to retain these costs wi thin a new
development. Much of recent environmental legislation is based
on a growing understanding of externalities and a growing desire
that their producers should pay when the effects are undesirable.
FUNCTIONAL PLANS. A plan to deal with a particular activity
of governmental service such as transportation, traffic control
operations, community renewal, water and sewer systems, or other
specific projects. Such functional plans represent detailing of
the elements of a comprehensive plan and should follow the goals
developed in the comprehensive planning process. (Related terms:
COMPREHENSIVE PLAN, COMPREHENSIVE PLANNING PROGRAM, CAPITAL
IMPROVEMENT PROGRAM)
FEDERAL EMERGENCY MANAGEMENT AGENCY ( FEMA) . This is the
federal agency responsible for administering the National Flood
Insurance program.
GOAL. A broad statement of what ought to exist in a
communi ty or what is desired to be achieved in the future,
usuall y determined through a ci tizen involvement process.
(Related terms: POLICY, COMPREHENSIVE PLAN)
GROWTH MANAGEMENT. A wide range of techniques used in
combination to determine the amount, type, and rate of growth and
to direct it to designated areas. Comprehensive plans often form
the backbone of the system. Techniques used to execute growth
management policy may include zoning, capital improvement
programs, public facilities ordinances, urban growth boundaries,
population ceilings, and others. Some of the sophisticated
systems have departed dramatically from the traditional land-use
controls using a variety of innovative devices to achieve
particular policies. Growth management differs conceptually from
conventional approaches in that it does not accept the likely
population growth rate as inevitable but as something open to
question and subj ect to determination by public policy and
action. (ReI ated terms: COMPREHENSIVE PLANNING PROGRAM,
COMPREHENSIVE PLAN, FLEXIBLE ZONING, URBAN GROWTH BOUNDARY, LAND
BANKING, TRANSFERABLE DEVELOPMENT RIGHTS, MORATORIUM)
HEARING EXAMINER. Idaho Code, Section 67-6520 of the Local
Planning Act provides local governments the option of appointing
hearing examiners. Hearing examiners include persons trained in
the area of planning, engineering, or architecture who may
conduct hearings regarding variances, subdivisions and zoning
district boundary changes. Following the hearing, the hearing
8
examiner makes a recommendation to the governing board or
planning and zoning commission. The recommendation must include
the ordinances and standards used in evaluating the request and
the reason for the recommendation.
The hearing examiner system is a growing trend in local
administration nationwide, because it relieves planning
commissions from administrative decisions so that they may
concentrate on policy issues and the updating and revision of the
comprehensive plan and zoning ordinances which are their primary
responsibilities. (Related terms: PLANNING COMMISSION)
HIGHEST AND BEST USE. A real estate term describing the use
of land in such a way that its development will bring maximum
profit to the owner. It is a theory of allowing the economics of
the real estate market to establish a maximum value for each
parcel of land at any given time. This concept is not based upon
public regulations which may limit land use to some activity that
will provide owners with less than maximum profits. For example,
a tavern on a particular site might give its owner the greatest
return, however, if the site is zoned residential, the owner is
prevented from utilizing the "highest and best use" potential.
HOME OCCUPATION. A business which is operated in a home by
in a residential district. Home occupations are usually
regulated by standards designed to ensure compatibility with the
residential character of the district.
ILLEGAL USE. A use, building or activity is illegal if it
is prohibited by the zoning ordinance and was established after
the zoning ordinance became effective, as compared to a
nonconforming use which is a prohibited use that was legally
established before the zoning ordinance became effective.
(Related terms: NONCONFORMING USE)
IMPACT ANALYSIS. The process of evaluating a proposal's
expected impact on its surroundings in a community. The
environmental effects may be evaluated according to criteria
established by local ordinance or other criteria such as the
National Environmental Policy Act (NEPA), and the information may
be presented as an Environmental Impact Statement (EIS).
Closely related are economic, social, and fiscal impact analysis
techniques which are being applied to projects at all levels of
government. Impact analysis is a more sophisticated and
systematic version of the reviews planning agencies have given
public and private proposals for many years. (Related terms:
ENVIRONMENTAL IMPACT STATEMENT, CARRYING CAPACITY, IMPACT ZONING)
INFILL. The utilization of vacant
developed areas for bui ldings, parking
facilities, and other uses.
land
lots,
in previously
recreational
9
INVERSE CONDEMNATION. Governmental action or the use of the
police power to regulate the use of land which reduces the value
of a property to a level where it approaches a taking of private
property for public benefit, but without just compensation.
There is an extensive debate about how far government can go in
using police power regulations which diminish property values
before compensation must be paid (the "taking issue"). (Related
terms: TAKING, CONDEMNATION, EMINENT DOMAIN, POLICE POWER)
LAND BANKING. A system by which a governmental entity
acquires a substantial portion of available land in a region in
anticipation for future needs and in order to control the future
growth of the region. Land banking has been used in Canada and a
number of European countries, notably Sweden and the Netherlands,
where it has been widely acclaimed as a means of encouraging
orderly urban growth and preserving natural resources. The
technique has acquired a considerable number of proponents in
this country as well, but despite the apparent advantages of
eliminating land speculation, reducing the cost of future
development and providing the opportunity for more rational
development patterns, the concept has received little support
from elected officials or local government planners.
Experimentation with the technique may increase as urban land
becomes more scarce and demand for more and better services
increase. (Related terms: TRANSFERABLE DEVELOPMENT RIGHTS,
GROWTH MANAGEMENT, LAND TRUSTS)
LAND TRUSTS. A title-holding legal entity (usually a
private citizen, governmental institution or corporat~on) which
provides a method of establishing permanent stewardship over the
land. The trust is a nonprofit organization that accepts land
contributions. Title to the land is held by the trustee, who in
turn manages and controls the land following practices and
controls delineated wi thin the deed or trust policy. (Related
terms: LAND BANKING)
LAND USE. A term used to indicate the utilization of any
piece of land. The way in which land is being used is the land
use. A study of the existing use of land usually provides the
basis for the formulation of a land use pIan in a community and
the establishment of district boundaries in a zoning ordinance.
LAND USE PLAN. The proposed or proj ected utilization of
land. It is usually presented in a map form, indicating areas in
which it would be most desirable to have residential, commercial,
industrial, agricultural, and other types of usage to occur. It
is supported by a written text explaining the underlying policy
and the principles upon which it is based. It is one of the
major components of a community's comprehensive plan. (Related
terms: LAND USE, COMPREHENSIVE PLAN, COMPREHENSIVE PLANNING
PROGRAM)
10
LEAPFROG DEVELOPMENT. Development that occurs well beyond
the existing limits of urban development leaving intervening
vacant land behind.
LOCAL IMPROVEMENT DISTRICTS (LID). Idaho Code 17-50
authorizes cities to levy assessments on property within a local
improvement district which benefits from public improvements.
Such improvements may include, constructing and repairing
streets, sidewalks, water and sewer lines, and drainage
facilities, etc. LID's may be formed by petition of at least 60%
of benefiting resident property owners or by a majority vote of
the City Council. In order to finance the improvements, city may
issue bonds.
The purpose of a local improvement district is to allow cities to
undertake public improvement projects and assess some or all of
the costs of those proj ects to property owners who directly
benefi t from the proj ect rather than the general public.
(Related terms: BUSINESS IMPROVEMENT DISTRICT)
LOCAL PLANNING ACT. Title 67, Chapter 65 of the Idaho Code,
known as the Local Planning Act of 1975 is the state enabling
legislation which provides the authority for cities and counties
to undertake planning and zoning activities. The Act sets forth
the powers and responsibilities of the planning and zoning
commission and governing board related to the planning process
and land use regulations.
LOT OF RECORD. A lot which is part of a subdivision
officially recorded or a lot or parcel described by metes and
bounds, and the description of which has been recorded. (Related
terms: PLAT, SUBDIVISION, SHORT SUBDIVISION)
MANUFACTURED HOUSING. Includes several types of permanent
dwellings built in one or more units in a factory and transported
to the home site for assembly.
Manufactured housing includes those structures which are intended
to be installed on permanent foundations with any running gear
removed either in special purpose subdivisions (lots sold or
leased) or on individual building lots. This term may also
include units (mobile homes) that are designed to be installed in
place without a permanent foundation and which may be moved from
time to time at the convenience of the owner. These dwellings
are generally located in special mobile home parks, where spaces
or pads are provided sOlely for rent or lease for placement of
the mobile homes for residential purposes.
Travel trailers and recreational vehicles are not considered to
be manufactured homes.
11
Since June 15, 1976, manufactured homes are built to a federal
construction and safety standard, under the jurisdiction of the
Department of Housing and Urban Development.
MAP, FUTURE ACQUISITIONS. Idaho Code, Section 67-6517 of the
Local Planning Act allows a governing board to adopt a future
acquisitions map which designates land proposed for acquisition.
It may include streets, schools, airports, parks, and other
public facilities related to a capital improvement program. If a
building permit is received for development of land identified on
the future acquisitions map, a public agency is allotted a period
of sixty days to acquire the land.
METES AND BOUNDS. A system of describing and identifying a
tract of land by distance (metes) and directions (bounds) from an
identifiable point of reference.
MOBILE HOMES. See MANUFACTURED HOUSING.
MORATORIUM. In planning, a moratorium means a temporary
freeze on all new development pending the completion and adoption
of a comprehensive plan or other guiding document. In recent
years building moratoriums have also been instituted by water and
sewer agencies when sewage treatment facilities are inadequate or
when water shortages are threatened. They have also been voted
into being by residents of communi ties whose schools and other
public facilities have been overwhelmed by rapid growth.
Moratoriums are increasingly common and are generally considered
legal when not abused. (Related terms: INTERIM ZONING, HOLDING
ZONES, GROWTH MANAGEMENT)
NON-CONFORMING USES (LOTS, STRUCTURES). Lots, structures,
uses of land and structures, and characteristics of uses which
are prohibited under the terms of a zoning ordinance but were
lawful at the date of the ordinance's enactment. They may be
permi tted to continue or given time to become conforming. The
continuation of nonconformi ties is based on the principle that
laws cannot be applied retroactively unless there is a compelling
reason, such as imminent danger to health or safety. While many
ordinances permit legal nonconformi ties to continue, and to
rebuild immediately after a fire, they usually prohibit the
extension and enlargement of the degree of such nonconformities.
Some ordinances provide for the abatement (amortization) of all
or some nonconformi ties at the end of a prescribed period.
Increasingly, ordinances are distinguishing, among classes of
non-conformi ties and are providing for their individualized
treatment. Such classes include: nonconforming lots,
nonconforming buildings or structures, nonconforming uses of land
with minor structures only, nonconforming uses of major buildings
and premises, and nonconforming characteristics of use. (Related
terms: ILLEGAL USE, CONDITIONAL USE AND PERMIT)
12
NUl SANCE. Anything that interferes wi th the use or
enjoyment of property, endangers personal health or safety, or is
offensive to the senses may be considered a nuisance. There are
many types of nuisance, and the law can be invoked to determine
when, in fact, a nuisance exists and should be abated. Nuisance
law forms part of the basis for zoning. The separation of uses
through zoning (e.g., industrial from residential areas free from
pollution, noise, congestion, and other characteristics of
industrial areas) had its origins in nuisance law. (Related
terms: ZONING, POLICE POWER)
OPEN SPACE. Land with nondevelopment or minimum development
types of uses (examples: golf courses, agricultural uses, parks,
very low density residential development) or land left
undeveloped for aesthetic, environmental or public health and
safety reasons (examples: greenbelts, floodways, steep unstable
slopes, or wetlands).
Open space can also be classified based on ownership, for
example, 1) privately owned open space: the yards or acreage
associated with private homes or farms; 2) common use open space
(land designated at the time of recording a plat or site plan as
open space for common access and use by the residents of the
development, or 3) public open space (public owned land for the
active or passive recreational use of the public). (Related
terms: OPEN SPACE ACT, CONSERVATION EASEMENT, LAND TRUST)
ORDINANCE. A legislative enactment of a county or city. It
is a governmental statute or regulation and its adoption requires
a public hearing and publication _ of the complete text of the
ordinance in a local newspaper. (Related term: RESOLUTION)
PERFORMANCE STANDARDS. See ZONING RELATED TERMS.
PLANNED UNIT DEVELOPMENT (PUD). See ZONING RELATED TERMS.
PLANNING. The process of setting development goals and
policy, gathering information, evaluating that information and
developing alternatives for future action based on the previous
analysis is commonly referred to as planning.
In a community, planning is a joint effort between citizens,
elected officials, planning commission, and, planning staff. It
consists of identifying the physical, social, and economic
factors which affect and are part of the community; defining the
community's goals and objectives; and after careful evaluation of
the information and possible al ternatives for the future
selecting a course of action which is most likely to bring th~
community closer to its desired goals.
The products of this process usually include a comprehensive plan
(goals, policies, generalized land use, housing, transportation,
l3
and other elements), plus one or more regulatory ordinances to
carry out the plan. A comprehensive plan may range from a single
page with policy statements to a series of reports, plans and
programs. It may consist of a single plan for the entire
jurisdiction or separate plans for geographic sub-areas of a city
or county.
Planning is a continuous process, because community goals and
attitudes change, new information and philosophies emerge, and
new economic and social conditions develop. This requires
periodic re-evaluation of the previously established values and
programs.
PLANNING & ZONING COMMISSION. A group of citizens appointed
by the board of county commissioners or the City Council to
research, survey, analyze, and make recommendations on current
and long range land development policies, resource management,
implementing ordinances and administrative decisions such as
subdivision plats and rezone requests. The planning and zoning
commission functions as a fact finding and advisory board to the
elected officials, but its main function is to recommend a
comprehensive pIan and implementing measures to be adopted by the
ci ty councilor board of county commissioners. The Local
Planning Act describes the method of creation, powers, and duties
of the planning and zoning commission. (Related terms:
PLANNING, BOARD OF ADJUSTMENT, HEARING EXAMINER)
PLAT. A plat is a map representing a subdivision of a
parcel of land into lots, blocks, and streets or other divisions
and dedications.- A preliminary plat is an approximate drawing of
a proposed subdivision showing the general layout of streets and
alleys, lots, and blocks in the subdivision. A final plat is the
final drawing for record with the county auditor and containing
~ll requirements set forth in applicable state and local
regulations. Plats are regulated by Idaho Code, Section 50-13
and local ordinances. (Related terms: SUBDIVISION, SHORT PLAT,
LOT OF RECORD, SITE PLAN)
l'OLICE POWER. Police power is the right of government to
regulate personal conduct and the use of land in order to protect
the public health, safety, and welfare, as provided by the state
consti tution. The use of police power by a unit of government
must follow "due process" and be "reasonable" but the government
does not have to pay compensation for related losses. In this
last respect, it differs from the government's use of the power
of eminent domain which involves taking of property where just
compensation is mandatory. The degree to which such exercise of
pol ice power becomes, in effect, a taking of property is a
question of long standing and has arisen again lately in
connection with the growth management and environmental controls
being imposed by many communi ties. (Related terms: ZONING,
CONDEMNATION AND EMINENT DOMAIN, TAKING, INVERSE CONDEMNATION)
14
POLICY. A more specific statement than a goal which
describes a particular course of action to accomplish the
purposes of the comprehensive plan. Policies represent the will
of the people translated into decision oriented statements which
are continuously available to the legislative body while
eval uating a new proj ect or a proposed change in ordinance.
(Related terms: GOAL, REGULATORY MEASURES)
POLICY PLANS. As the name implies, a policy plan is a plan
that consists mainly of policies and de-emphasizes rigid land use
maps in favor of textual statements expressing general community
goals and policies and desirable relationships among human
activities. A policy plan may be a comprehensive plan, although
more flexible and general than traditional comprehensive plans.
(Related terms: POLICY, COMPREHENSIVE PLAN)
PRESERVATION. Preservation means to save from change or
loss and reserve for a special purpose. It is the most
restrictive among management principles and should not be
confused with conservation. (Related term: CONSERVATION)
PRINCIPAL USE. The main use of a lot or building as
distinguished from a secondary or accessory use on the same lot.
A dwelling is a principal use on a residential lot while a garage
is an accessory use.
RESOLUTION. In the proceedings of city councilor a board
of county commissioners, a resolution is something less formal
and binding than an ordinance. Generally speaking, it is only a
formal statement of opinion, or determination, adopted by the
governmental body. Adoption of a resolution does not require a
public hearing or publication of the complete text in the local
newspaper as is the case with an ordinance. (Related term:
ORDINANCE)
RIGHT OF WAY. The right of way is the right to pass over
the property of another. It usually refers to the land required
for the traffic lanes plus shoulders on both sides of highways,
railroads, bikeways, and hiking trails. In short, it is the land
purchased by or dedicated to the public for traffic purposes.
The pathways over which utili ties and drainage ways run are
usually referred to as easements. (Related terms: EASEMENTS,
DEDICATION)
SITE PLAN. A scale drawing showing proposed uses and
structures for a parcel of land as required by the applicable
regulations. It includes lot lines, lot area, streets, parking
spaces, private roadways, walkways, topographic features,
reserved open space, buildings and other structures, major
landscape features, and the location of proposed utility
easements. A site plan is a more detailed representation of a
proposed development than shown in a plat, and may also include
15
density and statistical data. (Related terms: PLAT, SITE PLAN
REVIEW, PLANNED UNIT DEVELOPMENT, FLEXIBLE ZONING)
SITE PLAN REVIEW. The process whereby local officials,
usually the planning commission and staff, review the site plan
of a development to assure that it meets the stated purposes and
standards of the zoning and other regulations, provides for
necessary public facilities such as roads and schools, and
protects and preserves desirable features and adjacent properties
through the appropriate location of structures and the use of
landscaping.
Si te plan review is required in connection with many flexible
land use regulation techniques. The process often allows
considerable discretion to be exercised by local officials since
it may deal with hard-to-define aesthetic and design
considerations. (Related terms: SITE PLAN, FLEXIBLE ZONING,
PLANNED UNIT DEVELOPMENT)
SPECIAL DISTRICTS (Zoning). See ZONING RELATED TERMS.
SPECIAL DISTRICTS (Local Government). Special district is a
term generally applied to any local government entity which is
neither city nor county. They are public corporations created by
statute and endowed with a definite governmental organization and
revenue raising authority for the purpose of performing a single
function or a few closely related functions. The function or
functions, the way the district is established, and its method of
financing are determined by the state law under which it is
authorized.
Not to be confused with "special districts" as one of the land
designation categories in a zoning ordinance.
SPECIAL USE AND PERMIT. The special use permit, although no
longer used extensively, accommodates essentially the same
concerns that are addressed by the conditional use permit,
whereby a use or activity, otherwise excluded, may be permitted
to locate wi thin a specific zone or district after sufficient
review by the appropriate administrative official, planning
commission or elected officials and the granting of a special use
permit. This permit differs from the conditional use permit in
that there are no condi tions or standards placed upon the
activity once approved. It is for this reason that the
conditional use process has become more popular than the special
use permit. (Related term: CONDITIONAL USE)
SPOT ZONING. Spot zoning is a form of discriminatory zoning
whose sole purpose is to serve the private interests of one or
more landowners instead of furthering the welfare of the entire
community as part of an overall zoning plan. Although changing
the zoning classification of any parcel of land to permit a more
16
intensive use could possibly constitute spot zoning, the test
lies in its relationship to the existing zoning pattern and
guidelines of the local comprehensive plan. Spot zoning is based
on the arbitrary and inappropriate nature of a rezoning change
rather than, as is commonly believed, in the size of the area
being rezoned.
SUBDIVISION. Subdivision is both the process and the result
of laying out a parcel of undivided land into lots, blocks,
streets, and public areas. The state law (Idaho Code, 50-l30)
defines "subdivision" as the division of a tract of land into
five or more lots, parcels, or sites for the purpose of sale or
building development whether immediate or future, provided that
this definition shall not include a bona fide subdivision or
portion of agricul tural land for agricul tural purposes as
provided by Idaho Code, Section 50-13. Ci ties or counties may
adopt their own definition of a subdivision. (Related terms:
SUBDIVISION REGULATIONS, PLAT)
SUBDIVISION REGULATIONS. Local ordinances that regulate the
conversion of undivided land into building lots for residential
or other purposes. The regulations establish requirements for
streets, utili ties, site design, and procedures for dedicating
land for open space or other public purposes to the local
government or for fees in lieu of dedication, and prescribe
procedures for plan review and payment of fees. Subdivision
regulations which govern the land conversion process, and zoning
ordinances which establish permitted land uses, have been local
government's primary development and land-use tools. See Idaho
Code, Chapters 67-65 and 50-13 (Related terms: SUBDIVISION,
COMPREHENSIVE PLAN)
TAKING. Taking of property is the appropriation by
government of private land for which compensation must be paid.
Under the U.S. Constitution, property cannot be condemned through
eminent domain for public use or public purpose without just
compensation. This is reasonably clear when government buys land
directly. But the "taking issue" is far less clear when the
imposi tion of regulations through pOlice power considerably
diminishes the value of the property.
Generally, the courts have rules that if government regulations
prevent any reasonable use of a property, then it can be regarded
as "inverse condemnation" and requires compensation. (Related
terms: CONDEMNATION AND EMINENT DOMAIN, POLICE POWER, INVERSE
CONDEMNATION)
TRANSFER OF DEVELOPMENT RIGHTS (TDR). A system of assigning
development "rights" to parcels of land. The landowner has the
option of using these rights to develop his land or he may sell
his rights to another property owner. If the landowner sells his
development rights, he may not develop his property. However, a
17
buyer could use these rights to develop another parcel of land
more intensively than otherwise permitted. In some systems, the
local or state government may purchase development rights in
order to preserve a portion of the locality as open space or for
agricultural production.
TRANSITIONAL USES. See ZONING RELATED TERMS.
URBAN GROWTH BOUNDARY. Urban growth boundary is a line
around an area identified through official public pOlicy within
which urban development will be allowed during a specified time
period. Beyond this line development is prohibited or strongly
discouraged through the use of a variety of growth management
tools such as acreage zoning and limits on capital improvements.
The establishment of such boundaries has become an important tool
for implementing public decisions about where growth should
occur, at what time, and what kinds of services a community can
afford to supply. It is also intended to protect low density
areas from urban intrusion. (Related terms: GROWTH MANAGEMENT,
PHASED ZONING, AREA OF CITY IMPACT)
USE VARIANCE. A variance to permit a use in a district
where it is prohibited. The process is generally regarded as
illegal, because a use variance effectively rezones a property to
a different classification, but the authority to rezone belongs
to the city councilor the board of county commissioners, not the
boards of adjustment that generally administer variances. The
variance provisions defined by Idaho's Local Planning Act do NOT
permit use variances. (Related term: VARIANCE)
VARIANCE. A variance is a relaxation of the terms of a
zoning ordinance or another regulatory document in order to avoid
unnecessary hardships to a landowner. A variance usually deals
wi th measurable physical requirements such as height, bulk, or
setbacks and is based upon a finding that such relaxation will
not be contrary to public interest. A typical use of the
variance procedure would be to permit construction of a home on a
lot that is too narrow to have the required side yards, because
it was platted before the adoption of the current side yard
regulation. The variance mechanism is not to be used in hardship
situations that are the result of an action by the landowner, but
only when the particular physical surroundings, shape of the
property or topographic conditions render strict compliance with
the zoning ordinances impractical. A mere inconvenience or
desire to make more money are not sufficient reasons for a
variance.
Authority to grant variances is vested in the board of
adj ustments, hearing examiner, or governing board. The
administrators have to be aware that the cumulative effect of
repeated variances may significantly change the character of an
area in violation of plans and policies. On the other hand,
l8
repeated requests for similar variances in the same vicinity
indicates that a revision of existing regulations might be
needed. (Idaho Code, 67-65l6) (Related term: USE VARIANCE)
VESTED RIGHT. A property right that has become absolute and
fixed and cannot-be defeated or denied by subsequent conditions
or change in regulations, unless it is purchased from the owner.
The issue of vested rights is usually raised when an attempt is
made to change the regulations governing how a tract of land may
be used. The property owner claims he has a vested right to
develop his property under the terms of the previous regulations,
while the locali ty claims he must abide by the new ones. The
determination of whether or not the developer's rights have
become vested (no longer subject to change) is complex and must
be decided on the basis of good faith commitments by both local
government and developers.
ZONING RELATED TERMS
AESTHETIC ZONING. Aesthetic zoning is designed to create,
preserve, and promote beauty, or a particular architectural
theme. Like all zoning, whether aesthetic or otherwise, it
promotes community interest and is based on the principle that
the public welfare outweighs the interests of the individual
property owner. Justification for aesthetic zoning is _ to be
found within the broad confines of general welfare. In the past,
the courts were reluctant to recognize aesthetics as a main
reason without joining it with other reasons such as property
val ues. Since the 19 50' s, aesthetics have gained increasing
acceptance in the courts as a legitimate reason to exercise
police power in a more advanced and mature society.
AGRICULTURAL ZONING. Agricul tural zones are primarily
intended to retain productive agricultural lands for agricultural
purposes, but they may also be utilized as means of preserving
open space and preventing loss of important aesthetic qualities,
especially in close proximity to metropolitan areas.
Agricul tural zoning may be effectively employed to prevent
increases in property taxes that would otherwise result from
assessment based on maximum development potential on lands near
densely populated areas. Under agricultural zoning, sui table
large parcels of land are identified and designated as
agricultural zones, but the actual uses may include not only the
growing of crops and raising of farm animals, but also some food
processing and selling of farm grown products. Other compatible
uses may be permitted as conditional uses, such as recreation and
very low density residential. Agricultural zoning is just one of
the techniques available to prevent the loss of open space and
19
farm lands and to manage growth by directing the spread of
development into areas where growth can be accommodated.
BUFFER AREAS (ZONES). A parcel of land established to
separate incompatible adjacent land uses, such as a commercial
use and a residential use. The area may be only 10 to 25 feet
wide and include walls, fences, screen plantings, or earthen
mounds (berms) to insulate the adjoining properties from noise,
traffic, or visual intrusions. Some ordinances require
commercial and industrial districts to install a buffer area
wherever the property line abuts a residential district. The
term may also be used more broadly to describe any zone that
separates two unlike zones, such as a transitional mul tiple
family or professional business zone between the central business
district and a single family zone. (Related term: TRANSITIONAL
USES)
CLUSTER ZONING. Cluster zoning generally refers to
development pattern for residential, commercial, industrial,
insti tutional, or combinations of such uses in which buildings
are grouped or "clustered," rather than evenly spread throughout
a parcel as in a conventional lot-by-lot development. A zoning
ordinance may authorize such development by permitting smaller
lot sizes and higher density if a specified portion of the land
is kept in permanent open space usually through public dedication
or designation on a site plan or plat. Cluster zoning is
encouraged by many communi ties and developers since it allows
them to keep in open space land they may have found unbuildable
anyway, such as steep slopes, ravines, or wetlands, to create
innovative designs and to save money by building shorter streets
and utility lines. (Related terms: PLANNED UNIT DEVELOPMENT,
FLEXIBLE ZONING, DENSITY ZONING, INCENTIVE ZONING, ZERO LOT LINE)
CONDITIONAL ZONING. See REZONING WITH CONDITIONS.
CONTRACT ZONING. See REZONING WITH CONDITIONS.
DENS ITY ZONING. Densi ty zoning, which often resembles
cluster zoning and/or performance standards, offers both the
communi ty and the developer substantial flexibility in site
design as long as overall densi ty restrictions and other
requirements are met. Under this approach any type of dwelling
is permitted, from detached homes to apartments, so long as total
density does not exceed the maximum permitted. It is a further
extension of cluster development provisions common in planned
unit development ordinances, and is usually subject to a site
plan review process. (Related terms: DENSITY, CLUSTER ZONING,
PERFORMANCE ZONING, FISCAL ZONING, IMPACT ZONING, INCENTIVE
ZONING)
20
ZONING RELATED TERMS (continued)
DOWN ZONING. A change in the zoning classification of land
to a classification requiring development that is less intensive
such as from mUlti-family to single-family or from commercial to
residential. A change in the opposite direction would be
upzoning. (Related term: REZONING)
EXCLUSIONARY ZONING. Zoning practice that has the effect of
keeping out racial minori ties, poor people, or additional
population of any kind from entering a community is known as
exclusionary zoning and may be subject to court action. The
techniques include large-lot zoning, high minimum residential
f loor- area requirements which increase housing costs and
discretionary decision making processes that may permit a
communi ty to deny certain applications and conceal the real
reasons. Exclusionary zoning, in all its subtle variations, is
considered by many to be one of the most effective and pervasive
tools used by suburbs to maintain their homogeneous character. A
growing number of state court decisions are invalidating
exclusionary practices, whether intentional or unintentional, and
in some cases are requiring affirmative, inclusionary practices.
However, the U. S. Supreme Court has refused to invalidate
exclusionary zoning and have maintained that such zoning is not
unconstitutional, unless it can be proven that the discrimination
was intentional. If discrimination has occurred as a side effect
of the zoning regulations, it is not a sufficient reason to
consider the ordinance unconstitutional. (Related terms:
INCLUSIONARY ZONING, ZONING)
FISCAL ZONING. Fiscal zoning means designing zoning
regulations for the purpose of attracting uses which will bring
in more local tax revenue than they will cost in public ~ervices.
Since the greatest single cost to local government is education,
sophisticated fiscal zoning would tend to limit single-family
housing in favor of small apartments generating few school
chi Idren and business and industry generating higher taxes.
Because of such policies, competition for high tax generators may
be heightened. Fiscal zoning is utilized primarily for economic
motives.
In many instances, fiscal zoning has been based only on the tax
revenue side of the ledger with no regard to service costs.
(Related terms: IMPACT ZONING, FLEXIBLE ZONING, ZONING)
FLEXIBLE ZONING. Under the traditional zoning system, a
ci ty or county is divided into various land use districts and
only "conforming" or "homogeneous" uses are permitted within each
district. In recent years, a growing number of states facing
increasingly complex development problems have sought to bring a
greater flexibility to the system of land use controls without
sacrificing the traditional zoning objectives for health, safety,
2l
ZONING RELATED TERMS (continued)
and wel fare of residents. Numerous techniques have been
developed to achieve the desired flexibility. Among these are
conditional rezoning, bonus and incentive zoning, floating zones,
overlay zones, performance zoning, planned unit development
districts and others.
The intent of flexible zoning techniques is to widen the range of
options available to developers and thereby lead to more
desirable and better designs. Rather than prescribing specified
uses and standards for each and every parcel of land, only
policies and criteria for decision making are established. Under
most flexible techniques, public officials have discretion in
their decision making process and frequently negotiate with
developers before final approval is given. Thus, while
development options are broad, development permission, once
granted, may be quite specific and require compliance with a site
plan.
FLOATING ZONES. A floating zone is a zoning district that
is described in the text of a zoning ordinance but may not be
associated with a specific location on a zoning map. When a
project of sufficient size anywhere within restricted areas can
meet certain requirements, the floating zone can be anchored and
the area designated on the zoning map.
This technique has commonly been used for large-scale
developments such as shopping centers, planned unit developments,
and industrial parks. Frequently, the text describing a tloating
zone will require unified development of the parcel and give
approximate standards for building height, lot coverage, set-
backs, and frontages, and will generally prescribe parking areas
and other site facilities. (Related terms: FLEXIBLE ZONING,
PLANNED UNIT DEVELOPMENT)
FLOOD PLAIN ZONING. Flood plains are those areas which are
subj ected to periodic flooding. Flood plains have been used
successfully for farming and they also provide important wildlife
habi tats, recreation areas and other uses compatible with
periodic inundation. Because flood plains are fIat, often
scenic, and are easily built upon, they attract housing, roads,
and other developments. The wildlife and farms disappear but the
flooding inevitably reoccurs, which may result in extreme damage
and need for costly disaster relief programs and expensive
structures to control the flow potential.
Flood plain zoning has three objectives:
1) to prevent obstruction of the natural flow and capacity
that may cause additional damage;
22
ZONING RELATED TERMS (continued)
2) to protect individuals from poor choices of land use
that may be detrimental to the safety, health, and
property; and
3) to prevent burdening taxpayers wi th unnecessary
expenditures for public works and disaster relief.
Regulations generally limit flood plain uses to those that are
not susceptible to flood damage such as farming and some forms of
recreation. I f other uses must occur, the structures are
required to be flood-proofed or constructed above the flood
elevation.
Flood plain zoning, like any other type of zoning, is based on
the police power. The validity of state and local flood plain
zoning ordinances is generally upheld by the courts where there
is a proper exercise of the pol ice power (i. e., where the
statutory objectives are related to the public health, safety,
and welfare).
Many cities and counties participate in the National Flood
Insurance Program. This federal program makes subsidized flood
insurance available to property owners. In order to be eligible
for the program, a local government must enact local ordinances
which regulate development wi thin identified floodplain areas.
(Related terms: FEDERAL EMERGENCY MANAGEMENT AGENCY)
HOLDING ZONE. A holding zone is a zone e$tablished in the
zoning ordinance on a temporary basis awaiting applications for
rezoning to desired uses. Holding zones are usually very low
densi ty zones with the purpose either made explicit in the
ordinance's statement of intent, or left implicit. Typically, a
holding zone is applied to an area which is undergoing
transi tion, particularly where the ultimate use may be under
consideration or involved in a comprehensive plan revision.
(Related terms: INTERIM ZONING, MORATORIUM)
IMPACT ZONING. This relatively new, still-developing
technique involves an ordinance which identifies fiscal and
environmental standards to be met by new development. The
process involves a detai led analysis of existing conditions in
the area to be developed and estimates what impacts the
development will have on community facilities and environment.
The goal is for the developer to show that the proposed
development will not cost the community more than it will produce
in taxes and incomes. (Related terms: IMPACT ANALYSIS, CARRYING
CAPACITY, FLEXIBLE ZONING, FISCAL ZONING, PERFORMANCE STANDARDS,
PERFORMANCE ZONING)
23
ZONING RELATED TERMS (continued)
INCENTIVE (BONUS) ZONING. Incentive or bonus zoning is
another tool which permits greater flexibility in the zoning
process. It is a negotiation process whereby a developer is
awarded "bonuses" in exchange for adding "ameni ties" which the
community feels it needs. While a typical zoning ordinance is
usually restrictive, incentive zoning permits the restrictions to
be exceeded (i.e., higher densities, greater floor area ratios or
reduced parking requirements). In return, the developer agrees
to build pedestrian plazas or low and moderate income housing, to
protect a fragile natural area, or to support some other critical
need of the community. (Related terms: FLEXIBLE ZONING,
REZONING WITH CONDITIONS, PLANNED UNIT DEVELOPMENT, PERFORMANCE
STANDARDS, PERFORMANCE ZONING)
INCLUSIONARY ZONING. Inclusionary zoning is a positive and
active program in a community to attract racial minorities or
low- and moderate-income residents. Such policies, analogous to
affirmative action in job recruitment, not only avoid techniques
which discourage certain classes of people from moving into an
area, but actively seek to invite such groups. Inclusionary
zoning devices usually include offering incentives or bonuses to
developers for building low- or moderate-cost housing or
exceptions to traditional controls. Such practices are still
rare, but they are being experimented with in a number of
communi ties. Inclusionary zoning devices usually include
offering incentives or bonuses to developers for building low or
moderate cost housing or exceptions to traditional controls.
Such practices are still rare, but they are being experimented
wi th in a number of communi ties. Inclusionary pOlicies are
developed in response to the challenges being levied at
exclusionary zoning practices. (Related terms: EXCLUSIONARY
ZONING) .
INTERIM ZONING. Interim zoning is a device to temporarily
freeze or severely restrict development for an area while a
comprehensive plan and a new set of zoning regulations are
prepared (Idaho Code 6724). Interim zoning has three main
purposes: 1) it permits planning and ordinances writing to
proceed j 2 ) it prevents uses that may not conform to the
adopted ordinances, 3) it encourages public debate on the issues.
The courts have widely accepted the reasonableness of interim
contro~s., although the period of their effect may be reviewed on
a case-by-case basis. Occasionally, where the controls have been
found to be a disguise for a more-or-Iess permanent effort to
halt growth, courts have disallowed them. (Related terms:
MORATORIUM, HOLDING ZONES, GROWTH MANAGEMENT, PHASED ZONING)
OVERLAY
described in
imposed in
ZONES. A set of zoning requirements that are
the ordinance text are mapped, and subsequently
addi tion to those of the underlying district.
24
ZONING RELATED TERMS (continued)
Development wi thin the overlay zone must conform to the
requirements of both zones. They are usually employed to dea 1
with special physical characteristics such as f load plains,
historic preservation, steep slopes, shorel ines or other
environmentally sensitive areas, but have other applications as
well. (Related terms: FLEXIBLE ZONING)
PERFORMANCE ZONING. This zoning technique relies on
performance standards to direct the course of development.
Districts are used in most performance zoning ordinances, but
they are usually few in number and are often defined by naturally
occurring boundaries like historic areas, neighborhoods, or land
types. Performance zoning makes is possible to express a
communi ty' s expectations about the location and quality of
development with more precision than most traditional ordinances
provide.
Rather than listing permitted uses wi thin a certain zoning
district, performance standards deal with the effects the uses
may have on the surrounding area. Measurable minimum standards
are established for such effects as smoke, noise, toxic
emissions, water poll utants, glare, vibration, shade, radio
activity, electrical disturbances, heat, odors, traffic
generation, and others for each zoning district. Theoretically,
any use may locate in any zone, because as long as the standards
for the particular zone are met, the effects on the surrounding
area wi II be acceptable. Performance standards are always
measurable as opposed to subjective standards which only state a
desired policy but cannot be enforced without making
discretionary judgement. Terms like "limited," "objectional" and
"substantial" characterize subjective standards.
Another type of regulation which tends to be confused with
performance standards are the specification standards. For
example, building heights, setback requirements, density limits,
road widths, etc., can all be measured but are not performance
standards because they deal wi th the uses and structures
themselves rather than the effects that the uses will produce.
In a complete zoning ordinance, all three types of regulation--
specification standards, subjective standards, and performance
standards--may be employed, since each accomplishes a specific
purpose. (Related terms: FLEXIBLE ZONING)
PHASED ZONING. Phased zoning is a term referring to
programs or techniques to guide the timing and sequence of
development. Under phased zoning, land designed for residential
use bu t presently undeveloped would receive permission to
subdivide only if the developer could show the availability of
adequate public services such as sewers, drainage, park sites and
25
ZONING RELATED TERMS (continued)
roads. The special use permit or rezoning usually serves as the
control vehicle. Through it, development in the designated areas
would be phased as the community is willing and able to provide
the publ ic services. Phased zoning is one of the growth
management techniques and may be included in the process of
establishing urban growth boundaries. (Related terms: GROWTH
MANAGEMENT, INTERIM ZONING, FLOATING ZONES, HOLDING ZONES, URBAN
GROWTH BOUNDARY)
PUD--PLANNED UNIT DEVELOPMENT. This is a development which
is pre-planned in its entirety with the subdivision and zoning
controls applied to the project as a whole rather than to
indi vidual lots. Therefore, densities are calculated for the
entire development, usually permitting a trade-off between
clustering of housing and provision of common open space.
The PUD is usually characterized by a unified site design and
while most commonly used for residential development, the
technique is also frequently applied to other forms of
development such as shopping centers and industrial parks.
Occasionally, a PUD may have a mix of uses.'
The PUD also refers to the process of site-plan review, in which
public officials have considerable involvement in determining the
nature of the development. The technique includes aspects of
both subdivision and zoning regulations but permits a variation
in the rigid zoning and subdivision regulations. A PUD is
usually administered through a special permit. (Related terms:
FLEXIBLE ZONING, CLUSTER DEVELOPMENT, MIXED USE ZONING, ZERO LOT
LINE)
REZONING. Rezoning is a change in the adopted zoning map.
Re-zoning can be legal only if enacted by the governing body.
Rezoning can only take two forms: 1) a comprehensive revision
or modification of the zoning text and map; and 2) a change in
the map, i.e., the zoning designation of a particular parcel or
parcels. One form of text change, the importance of which may be
overlooked, is a change in a definition. For example, changing
the definition of mobile homes to include them under multi-family
and single-family dwellings may significantly affect where and
how they are permitted. (Related terms: ZONING, REZONING WITH
CONDITIONS, SPOT ZONING)
REZONING WITH CONDITIONS. One of the most important and
controversial of the flexible zoning techniques is rezoning with
condi tions which actually refer to two separate, but similar
techniques: conditional rezoning and contract zoning.
REZONING, CONDITIONAL means that the property owner agrees
to perform certain specific conditions limiting the use of the
26
ZONING RELATED TERMS (continued)
property as a prerequisite to rezoning, but the local government
is not formally committed to the rezone which would permit the
intended use. The purpose of the conditions is to ensure that
the new use will be compatible with the surrounding neighborhood.
Typical restrictions are: limi ting property to a single use;
condi tions reI ating to bui Iding size; open-space requirements;
construction of buffers; dedication of other property for parks
and streets; payment for new public facilities, such as streets,
caused by the rezoning.
Condi tional zoning is vulnerable to legal attacks which claim
that such agreements constitute illegal spot zoning and violate
uniformity requirements.
REZONING, CONTRACT means that a landowner enters into a
reciprocal agreement (contract) wi th the local government
agreeing to restrict the use of his property in return for the
local government's agreement to approve a rezone. The purpose of
the restrictions, as with the conditional zoning, is to assure
that the new use and its impacts will be compatible with the
surrounding neighborhood.
Contract zoning has been challenged in the courts because it has
been interpreted as bargaining away of police power, and a local
government is not authorized to give away powers that have been
delegated to it by the constitution. (Related terms: FLEXIBLE
ZONING, REZONING)
STATEMENT OF INTENT (Statement of Purpose). A statement of
policy or objectives is often incorporated in a zoning ordinance.
It ou t I ines the broad purpose 0 f the ordinance and its
relationship to the comprehensive plan; frequently such a
statement also precedes regulations for individual zoning
districts. When the application of particular district
requirements is challenged in court, the courts rely on the
intent statement in deciding whether the application is
reasonable and related to a defensible public purpose. As zoning
ordinances become more complex, statements of intent which guide
users, administrative officials, and the courts are making more
frequent appearances.
TRANSITIONAL USES. Uses or structures, permitted under the
zoning ordinance, which act as a transition or buffer between
incompatible uses. For example, where commercial uses are back
to back against residences some zoning ordinances recognize the
conflicts across district boundaries by providing for
transitional uses or structures such as more yard space, walls,
fences, screening r or immediate uses such as passenger vehicle
parking to create a spatial separation to minimize the conflict.
27
ZONING RELATED TERMS (continued)
ZERO LOT LINE. A development approach in which a building
is sited on one or more lot lines with no yard. Conceivably,
three of the four sides of the building could be on the lot
lines. The intent is to allow more flexibility in site design
and to increase the amount of usable open space on the lot
between buildings, especially in urban areas with high density
and small lots.
Virtually all zoning ordinances retain yard requirements; where
zero lot line developments have been permitted, they have been
handled through variances or planned unit development procedures,
or other devices which allow for site plan review. The few
ordinances which specifically authorize the zero lot line
approach do so as an exception to prevailing regulations and
under clearly defined circumstances.
Defini tions of incompatibility often are difficult to make and
public bodies or officials may be required to make individualized
determinations of transitional needs and requirements in doubtful
cases. (Related terms: BUFFER AREAS)
ZONING. Zoning is the process by which a county or a
municipali ty legally controls the use of property and physical
configuration of development upon tracts of land wi thin its
jurisdiction. Zoning is an exercise of pOlice power, and as such
must be enacted for the protection of public health, safety, and
welfare. The power to regulate the use of land through zoning is
delegated to local governments by Idaho Code 67-65 (Local
Planning Act). (Related terms: POLICE POWER)
ZONING ORDINANCE. Zoning ordinance is the local law adopted
by the governing body to assure orderly development according to
specific standards established for the general public welfare and
to implement the comprehensive plan. A zoning ordinance may
govern the types of permitted land uses, the maximum density or
minimum lot size, building heights, set backs and so on.
Zoning ordinances usually consist of a text and a zoning district
map. The map divides the jurisdiction into districts (zones) for
different types of development, while the text specifies what
regulations apply to each district, including genera 1 provisions
and administration. Generally, this conventional description of
a zoning ordinance still applies, but many modern ordinances have
advanced beyond the traditional format. They have a greater
variety of districts and employ various techniques to provide
flexibili ty such as floating zones, conditional use permits,
performance standards, and planned unit developments (PUDs).
(Related terms: ZONING, REZONING)
28