May 2013 Updates
Posted: May 8, 2013; UPDATED: May 13, 2013
Frequently Asked Questions and "Did You Know..." Regarding the New DRAFT Unified Land Use Code
This FAQ and “Did You Know…” handout is intended to help people get quick answers to many of the questions and concerns repeatedly heard regarding the new DRAFT Unified Land Use Code.
ULUC PLANNING COMMISSION PUBLIC HEARING
“PUBLIC COMMENT FORMS”
As part of the ongoing Unified Land Use Code (ULUC) public participation and outreach program, the Planning Commission is providing the “Public Hearing Draft” and “Zoning Map” public comment forms. The use of the forms is not required, but are simply provided for convenience and to encourage public participation in the upcoming Planning Commission hearing process. All written comments will be accepted.
Written comments may be submitted by noon Monday, June 17, 2013 either on-line at http://www.zoningplus.com/regs/kootenai/; or to Community Development via mail, hand-delivery or e-mail at kcpz@kcgov.us. Oral and written comments may also be submitted during the Planning Commission’s “Public Hearing Schedule” noted below.
If you would like more information about the ULUC code development process, please visit the project website at: www.kccode.com. Copies of the proposed draft ULUC may be viewed: 1) online at http://www.zoningplus.com/regs/kootenai/; 2) at the front counter of Community Development; and/or 3) at local area libraries. Paper copies of the proposal are also available for purchase for the cost of production upon request.
PLANNING COMMISSION PUBLIC HEARING SCHEDULE
& DELIBERATIONS SCHEDULE:
Public Hearing Schedule GENERAL Meeting Focus:
- Monday, June 17, 2013, 6:00 p.m. ULUC Chapters 1, 2 & 3
- Tuesday, June 18, 2013, 6:00 p.m. ULUC Chapters 4, 5 & 6
- Wednesday, June 19, 2013, 6:00 p.m. ULUC Chapters 7, 8 & 9
- Thursday, June 20, 2013, 6:00 p.m. Zoning Map
Deliberations Schedule (the public is invited to attend and observe):
- Monday, June 24, 2013, 6:00 p.m.
- Tuesday, June 25, 2013, 1:00 p.m. to 5:00 p.m. (as needed)
- Wednesday, June 26, 2013, 6:00 p.m. (as needed)
- Thursday, June 27, 2013, 6:00 p.m. (as needed)
- Friday, June 28, 2013, 6:00 p.m. (as needed)
LOCATION: Kootenai County Administration Building
451 Government Way, Room 1
Coeur d’Alene, ID 83814
April 2013 Updates
Posted: April 17, 2013
ULUC PROJECT UPDATE
As part of the ongoing public participation and outreach program for the proposed new Unified Land Use Code (ULUC), which is being developed for properties in the unincorporated areas of Kootenai County, the Planning Commission will be conducting public hearings and deliberations this coming June.
Recently, the Unified Land Use Code Technical Committee completed their review and comment on the draft ULUC. The complete ULUC draft has been uploaded to the county website. Public hearings have been scheduled before the Kootenai County Planning & Zoning Commission beginning on Monday June 17, 2013, at 6:00 p.m., and continuing on June 18th, 19th, and 20th (all beginning at 6 p.m.). Written comments may be submitted by noon Monday, June 17, 2013 either on-line at http://www.zoningplus.com/regs/kootenai/; or to Community Development via mail, hand-delivery or e-mail at kcpz@kcgov.us. Oral and written comments may also be submitted during the Planning & Zoning Commission’s public hearing process beginning June 17th.
If you would like more information about the ULUC code development process, please visit the project website at: www.kccode.com. Copies of the proposed draft ULUC may be viewed: 1) online at http://www.zoningplus.com/regs/kootenai/; 2) at the front counter of Community Development; and/or 3) at local area libraries. Paper copies of the proposal are also available for purchase for the cost of production upon request. The county is mailing notification of the upcoming hearings to all citizens that own land in the unincorporated territory of the county to facilitate their participation in this project.
PLANNING COMMISSION PUBLIC HEARING
& DELIBERATIONS SCHEDULE:
Public Hearing Schedule Meeting Focus:
- Monday, June 17, 2013, Starting at 6:00 p.m. ULUC Chapters 1, 2 & 3
- Tuesday, June 18, 2013, Starting at 6:00 p.m. ULUC Chapters 4, 5 & 6
- Wednesday, June 19, 2013, Starting at 6:00 p.m. ULUC Chapters 7, 8 & 9
- Thursday, June 20, 2013, Starting at 6:00 p.m. Zoning Map
Deliberations Schedule (the public is invited to attend and observe):
- Monday, June 24, 2013, Starting at 6:00 p.m.
- Tuesday, June 25, 2013, 1:00 p.m. to 5:00 p.m. (as needed)
- Wednesday, June 26, 2013, Starting at 6:00 p.m. (as needed)
- Thursday, June 27, 2013, Starting at 6:00 p.m. (as needed)
- Friday, June 28, 2013, Starting at 6:00 p.m. (as needed)
LOCATION: Kootenai County Administration Building
451 Government Way, Room 1
Coeur d’Alene, ID 83814
Notice of Public Hearings
NOTICE OF PUBLIC HEARINGS
KOOTENAI COUNTY UNIFIED LAND USE CODE (ULUC)
60 DAY PUBLIC COMMENT PERIOD
NOTICE IS HEREBY GIVEN that the Kootenai County Planning Commission will conduct public hearings at or after the hour of 6:00 p.m. beginning on Monday, June 17, 2013 through Thursday, June 20, 2013 in the Kootenai County Administration Building, Meeting Room 1, 451 Government Way, Coeur d’Alene, Idaho 83814, to hear Case No. ORA11-0003, which proposes the adoption of a new Unified Land Use Code (ULUC) that will replace, reorganize, and consolidate the following Kootenai County Ordinances: Ord. 81, Historic Preservation; Ord. 301, Road Naming and Addressing; Ord. 355, Hearing Bodies and Hearing Procedures; Ord. 394, Subdivision Ordinance; Ord. 401, Zoning Ordinance; Ord. 411, Conditional Zoning Development Agreements; Ord. 415, Condo Plats; Ord. 441, Flood Damage Prevention; Ord. 445, Site Disturbance; Ord. 446, Development Impact Fees; Ord. 453, Site Disturbance Text Amendments; Ord. 464, Suspending Impact Fee Collection; and the Official Kootenai County Zoning District Map.
ULUC Project Information: Information and background regarding the drafting and development process for the ULUC project can be viewed at: http://www.kccode.com.
Copies of the Draft Proposal: Copies of the proposed draft ULUC may be viewed: 1) online at http://www.zoningplus.com/regs/kootenai/; 2) at the front counter of Community Development; and/or 3) at local area libraries. Paper copies of the proposal are also available for purchase (for the cost of production) upon request.
60 Day Comment Period: Written comments may be submitted by noon Monday, June 17, 2013: 1) on-line at http://www.zoningplus.com/regs/kootenai/; 2) or to Community Development via mail, hand delivery or e-mail at 'kcpz@kcgov.us'. Oral and written comments may also be provided during the Planning Commission hearing process. If you require special accommodation, please contact Kootenai County Community Development seven (7) days prior to the public hearing. Further information can be obtained from Kootenai County Community Development, 451 Government Way, P.O. Box 9000, Coeur d’Alene, Idaho 83816-9000, (208) 446-1070.
Preliminary Draft Zoning Map Revisions
The preliminary draft of the proposed zoning map is available here. The team has also created an interactive map, which is available here. Earlier versions of the draft zoning map can also be accessed on the library page.
A copy of the current zoning map (the districts that are in effect now) is available here (from the County FTP site). It is useful for comparative purposes. The current zoning ordinance (the rules that are in effect now) is available here (from the Community Development Department site).
March 2013 Updates
Posted: March 5, 2013
Preliminary Draft Zoning Map Revisions
The preliminary draft of the proposed zoning map is available here. The team has also created an interactive map, which is available here. Earlier versions of the draft zoning map can also be accessed on the library page.
A copy of the current zoning map (the districts that are in effect now) is available here (from the County FTP site). It is useful for comparative purposes. The current zoning ordinance (the rules that are in effect now) is available here (from the Community Development Department site).
January 2013 Updates
Posted: Januart 15, 2013; UPDATED 1/31/2013
ULUC Technical Advisory Committee Workshops via webinars will be conducted for review of the draft United Land Use Code from 1 p.m. to 3 p.m. on Tuesday, February 5; Tuesday, February 12; and Wednesday, February 13. In addition, the committee will meet at 2 p.m. to 4 p.m. on Wednesday, February 6; Thursday, February 7; and Thursday, February 14. If you would like to observe the webinars, the public is welcome to attend the workshops at the Kootenai County Administration Building, 451 North Government Way, Coeur d’Alene ID, Room 2, or if would like to observe the workshops remotely, please RSVP to Scott Clark at sclark@kcgov.us to receive webinar login information.
| Monday, February 4 | Tuesday, February 5 | Wednesday, February 6 | Thursday, February 7 | Friday, February 8 |
| - | 1:00 PM to 3:00 PM: Kootenai County Administration Building 451 North Government Way, Room 2 Coeur d’Alene ID, 83814 |
2:00 PM to 4:00 PM: Kootenai County Administration Building 451 North Government Way, Room 2 Coeur d’Alene ID, 83814 |
2:00 PM to 4:00 PM: |
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| Monday, February 11 | Tuesday, February 12 | Wednesday, February 13 | Thursday, February 14 | Friday, February 15 |
| - | 1:00 PM to 3:00 PM: Kootenai County Administration Building 451 North Government Way, Room 2 Coeur d’Alene ID, 83814 |
1:00 PM to 3:00 PM: Kootenai County Administration Building 451 North Government Way, Room 2 Coeur d’Alene ID, 83814 |
2:00 PM to 4:00 PM: Kootenai County Administration Building 451 North Government Way, Board Chambers Coeur d’Alene ID, 83814 |
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ULUC Technical Advisory Committee Workshops via webinars will be conducted for review of the draft United Land Use Code from 2 p.m. to 4 p.m. on Thursday, January 17; Friday, January 18, Tuesday, January 22; Wednesday, January 23; Thursday, January 24; and Thursday, January 31. In addition, the committee will meet 1 p.m. to 3 p.m. on Tuesday, January 29, and Wednesday, January 30. (As necessary). If you would like to observe the webinars, the public is welcome to attend the workshops at the Kootenai County Administration Building, 451 North Government Way, Coeur d’Alene ID, Room 2 (Room 1B on January 22 and Board Chambers on January 24), or if would like to observe the workshops remotely, please RSVP to Scott Clark at sclark@kcgov.us to receive webinar login information.
| Monday, January 14 | Tuesday, January 15 | Wednesday, January 16 | Thursday, January 17 | Friday, January 18 |
| - | - | - | 2:00 PM to 4:00 PM: |
2:00 PM to 4:00 PM: Kootenai County Administration Building 451 North Government Way, Room 2 Coeur d’Alene ID, 83814 |
| Monday, January 21 | Tuesday, January 22 | Wednesday, January 23 | Thursday, January 24 | Friday, January 25 |
| - | 2:00 PM to 4:00 PM: Kootenai County Administration Building 451 North Government Way, Room 1B Coeur d’Alene ID, 83814 |
2:00 PM to 4:00 PM: Kootenai County Administration Building 451 North Government Way, Room 2 Coeur d’Alene ID, 83814 |
2:00 PM to 4:00 PM: Kootenai County Administration Building 451 North Government Way, Board Chambers Coeur d’Alene ID, 83814 |
- |
| Monday, January 28 | Tuesday, January 29 (as necessary) |
Wednesday, January 30 (as necessary) |
Thursday, January 31 | Friday, February 1 |
| - | 1:00 PM to 3:00 PM: Kootenai County Administration Building 451 North Government Way, Room 2 Coeur d’Alene ID, 83814 |
1:00 PM to 3:00 PM: Kootenai County Administration Building 451 North Government Way, Room 2 Coeur d’Alene ID, 83814 |
2:00 PM to 4:00 PM: Kootenai County Administration Building 451 North Government Way, Board Chambers Coeur d’Alene ID, 83814 |
- |
November 2012 Updates
Posted: November 12, 2012; UPDATE 12/14/2012
Preliminary Draft Zoning Map Revisions
Based on suggestions from the public, Kendig Keast Collaborative changed the E3 district to the E2.5 district. Essentially, the E2.5 is a district in which the typical residential subdivision will be 2.5-acre lots as opposed to 3-acre lots in the former E3 district. On very large parcels, both districts allow density bonuses for creating hamlets or villages on very large parcels, in which homes are built on small lots and surrounding land is kept in farming, forestry, or wilderness condition.
A copy of the current zoning map (the districts that are in effect now) is available here (from the County FTP site). It is useful for comparative purposes. The current zoning ordinance (the rules that are in effect now) is available here (from the Community Development Department site).
The preliminary draft of the proposed zoning map is available here. The team has also created an interactive map, which is available here. Earlier versions of the draft zoning map can also be accessed on the library page.
October 2012 Updates
Posted: October 10, 2012; UPDATED 10/17/2012; UPDATED 10/23/2012
Preliminary Draft Zoning Map Published
Thank you to all who attended the ULUC public workshops on October 17, 18, and 19. Your input was very valuable.
Kendig Keast Collaborative would like to apologize for overestimating our ability to get the revised zoning map published by the following Monday or Tuesday. As it turned out, the public input resulted in the creation of a new zoning district, which made the map revisions take longer than expected.
Based on suggestions from the public, we modified the Estate Residential district into two districts: E5 and E3. Essentially, E5 is a district in which the typical residential subdivision will be 5-acre lots. E3 is a district in which the typical residential subdivision will be 3-acre lots. On very large parcels, both districts allow density bonuses for creating hamlets or villages on very large parcels, in which homes are built on small lots and surrounding land is kept in farming, forestry, or wilderness condition.
A copy of the current zoning map (the districts that are in effect now) is available here (from the County FTP site). It is useful for comparative purposes. The current zoning ordinance (the rules that are in effect now) is available here (from the Community Development Department site).
The early draft of the proposed zoning map is available here. The team has also created an interactive map, which is available here.
Article 3-2, Number of Dwelling Units, includes the language about how many lots can be created in each district. The general rules are:
- All existing legal lots that can be built with residences today would retain their expectation to build with a residence under the proposed ULUC.
- For new subdivisions, the maximum density (number of houses per acre) in the proposed agricultural and residential districts is much better calibrated to the historical development patterns in the County:
- WL district is 1 house per 40 acres;
- WG district is 1 house per 20 acres;
- CO district is 1 house per 10 acres;
- E5 district is 1 house per 5 acres;
- E3 district is 1 house per 3 acres;
- S district is 3 houses per acre; and
- EN district is about 5 houses per acre to 1 house per 5 acres, depending upon the "sub-district."
- After the number of houses is calculated, an assortment of different lot and housing types are available to choose from to develop those houses. This program is much more flexible than the current code. For example, an owner of 80 acres in the WG district could subdivide the property into three 24,000 square foot lots and a 78.36 acre lot. An owner of a section (640 acres) in the E5 district could create a "village" with mixed-use buildings and a variety of housing types, surrounded by farms, forests, outdoor recreation and / or wilderness. See Article 3-3, Housing Palette, for more details (more housing types to be posted in the next few days).
ULUC Public Workshops:
Preliminary DRAFT “Text” -&- Preliminary DRAFT “Zoning Map”
From October 17 to October 19, Kendig Keast Collaborative (KKC) presented the “preliminary DRAFT text” of the new Unified Land Use Code (ULUC) and a “preliminary DRAFT zoning map” in a series of five (5) regional Public Workshops.
5 Regional Public Workshops
| Wenesday, October 17 | Thursday, October 18 | Friday, October 19 | |
| Morning | 10:00 AM - Noon: |
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| Afternoon | 1:00 PM to 3:00 PM: |
2:00 PM - 4:00 PM: Rathdrum City Hall 8047 N. Main Street Rathdrum, ID 83858
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| Evening | 6:00 PM to 8:00 PM: |
6:00 PM - 8:00 PM: |
NOTICE: A "ULUC PUBLIC WORKSHOP" WAS ERRONEOUSLY LISTED FROM 5:00 PM TO 7:00 PM AT THE KOOTENAI COUNTY ADMINISTRATION BUILDING. THERE IS NO MEETING SCHEDULED FOR FRIDAY EVENING. |
Other Committee Meetings
The public was also invited and encouraged to attend and observe any of the following committee meetings.
Advisory Committee Meetings:
| Thursday, October 18 | Friday, October 19 | |
| Morning |
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10:00 AM to Noon: |
| Afternoon | 1:00 PM to 3:00 PM: Joint Board of Commissioners/Planning Commission Meeting – KKC presentation of Project Update Board Chambers, Kootenai County Administration Building. |
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| Evening |
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Municipal Officials Focus Group Meeting: In addition to the Committee Meetings scheduled above, the following Focus Group meetings are scheduled:
| Thursday, October 18 | |
| Morning |
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| Afternoon | 3:30 PM to 5:00 PM: Municipal Officials “Prairie” Focus Group (Cities of Coeur d’Alene, Post Falls, Hayden & Rathdrum) – KKC presentation and discussion regarding ACI coordination issues within the “Rathdrum Prairie” Areas of City Impact (ACIs); Room 2, Kootenai County Administration Building, or in a location to be determined. |
| Evening |
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If you have questions regarding the Public Workshops or Committee Meetings, please contact Scott Clark in Community Development at (208) 446-1070, or on-line at sclark@kcgov.us.
Library Update
Posted: August 28, 2012; updated August 29, 2012
The project library is updated with recordings of project webinars, meetings of the Technical Committee, and additional research reports.
Join Us for a ULUC Public Workshop
Posted: August 28, 2012; updated August 29, 2012
Kendig Keast Collaborative (KKC) will be present on the Procedures and Processes proposed in the new Unified Land Use Code (ULUC) on Wednesday, September 5, 2012, from 5:00 PM to 7:00 PM at the Kootenai County Administration Building, 451 Government Way, Coeur d'Alene, ID 83816, in Room 1. The idea of this workshop is to provide a summary of what has been learned thus far, including a public discussion of the initial draft text for these topics. The procedures and processes of the new code are critically important components of this project, which need to be carefully structured and calibrated in the new ULUC. The public, agencies and all interested parties are strongly encouraged to attend and participate. We need your ideas and input!
Other public meetings are outlined below in the following table:
| Tuesday, September 4 | Wednesday, September 5 | |
| Morning | 11:30 AM to 1:00 PM: ULUC Advisory Committee Meeting. Room 1A, Kootenai County Administration Building. |
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| Afternoon | 1:00 PM to 3:00 PM: ULUC Technical Committee Meeting. Room 2, Kootenai County Administration Building. 3:00 PM to 4:00 PM: Joint Board of Commissioners/Planning Commission Meeting. Board Chambers. |
1:00 PM to 3:00 PM: ULUC Technical Committee Meeting. Room 2, Kootenai County Administration Building. |
| Evening |
|
5:00 PM to 7:00 PM: ULUC Public Workshop. Room 1, Kootenai County Administration Building. |
If you have questions regarding the Public Workshop or Committee Meetings, please contact Scott Clark in Community Development at (208) 446-1070, or on-line at sclark@kcgov.us.
Join Us for a Webinar on Code Module #5
Posted: August 7, 2012
Kendig Keast Collaborative presented a preliminary draft of Code Module #5 of Kootenai County’s new Unified Land Use Code (ULUC) by “webinar” on Wednesday, August 8, 2012, beginning at 4:00 PM. The consultant made a presentation at the beginning of the meeting and then answered questions and received feedback on the draft Code Module.
Code Module #5 is based on Issue Outline #9, Procedures, and Outline #10, Quasi-Procedures, which were previously presented, reviewed and commented on by the public.
You may contact Scott Clark at sclark@kcgov.us at any time to be included on the ULUC webinar invitation list. This will ensure you receive e-mail invitations to all future ULUC project webinars as well. Alternatively, you can join the webinars when they start by directly by visiting Kendig Keast Collaborative's WebEX Conference Center page (this option will not put you on the list for future webinar invitations; you'll also need a password, which is always kootenai).
Important Information for Lakefront and Riverfront Property Owners
Posted May 6, 2012
There are many rumors spreading throughout the County about how the ULUC will affect property owners along lakes and rivers. Many have reported hearing about a 75-foot "no-build" zone along the shorelines. Although the language of the first draft of the "resource protection standards" included a "secondary buffer" which extended to 75 feet, it was never intended to become a "no-build" zone. In fact, even in the 25 feet along the water, the proposed ULUC includes more flexibility than the site disturbance ordinance that the County uses today.
The County and its consultant recognize the need to protect the reasonable expectations of shoreline property owners to build, rebuild, and enjoy their property. The Commissioners and the consultant recognize that the structure of the proposed regulations has created more confusion than benefit. Therefore, at the County Commission’s direction, the consultant is reworking proposed regulations for shoreline development. The new proposal, which is currently under development, is being guided by the following principles:
- Existing Residential Lots will Enjoy Greater Flexibility. The rules that apply to an existing residential lot which was purchased with a reasonable expectation of future development, expansion, or redevelopment will encourage investment by providing several different flexible alternatives for approving permits. The alternatives will take into account that the lots around the lake are diverse in size, shape, and topography. Accordingly, while some type of setback will likely remain as one way to obtain approval for redeveloping or expanding a home, other ways, such as site designs that reduce and / or treat runoff, will also be available.
- The “Non-Disturbance Area” will Be More Flexible than the Existing Site Disturbance Ordinance. The consultant has proposed making the site disturbance ordinance more flexible, in order to make it easier to construct and maintain reasonable improvements within 25 feet of shorelines. These proposals, which are an improvement over the existing code, will be retained or made more flexible.
- Requirements for New Subdivisions will Be More Reasonable and Promote Better Design. When a developer proposes a new subdivision on a large area of land, the subdivision regulations will promote good design and will not require unnecessary investments in pavement and grading. Proposals that are being considered for subdivisions created under the new code include:
- — Requiring “low-impact development” techniques, like disconnected impervious surfaces, routing stormwater to planted areas, and grading only in areas where it is necessary, among other techniques.
- — Prohibiting or severely limiting the creation of new lots in areas which would have significant impacts (e.g., no new lots that would force buildings to be built on steep slopes because there is not enough level or gently sloped land).
- — Allowing for narrower access driveways than are allowed today, for more homes on a shared driveway, and for narrower private streets, provided that the fire district that serves the area can access the lots.
- — Requiring appropriate water-quality oriented design for the subdivision.
- — Encouraging shared access to the water for owners within the subdivision, and commonly-owned shoreline buffers (particularly in areas where the shorelines are very steep slopes which would not be allowed to be included in the building area of a new lot).
Important Information for Homeowners in Unincorporated Kootenai County
Posted May 6, 2012
Kootenai County’s ordinance consultant, Kendig Keast Collaborative, is proposing a new zoning district; Neighborhood Conservation (NC). This district would be applied to numerous established areas of Kootenai County. In this new district, ten sub-districts are proposed, each of which corresponds to an existing neighborhood pattern. By using this approach, large areas of the County with existing homes on parcels (10 acres or less) would be zoned with an NC sub-district as this will most closely relate to their typical parcel size.
First, unlike our existing land use regulations, the newly proposed NC districts will consider existing nonconforming lots and buildings as being conforming. In other words, if the lot or building was allowed when it was created, it will become legal and conforming under the proposed new code. In fact, many residents who currently own nonconforming properties today will greatly benefit from having their properties converted to conforming.
By having all lots and homes in the NC district conforming, the district is an important step towards making it easier to buy, sell, and improve homes in the County. Buyers and sellers benefit because financial lenders are usually more comfortable loaning on properties which conform to local codes.
Second, the NC sub-districts are designed with existing buildings in mind. They provide more flexibility than the current ordinances when it comes to adding onto an existing home. Special procedures, such as variances, will not be required for typical improvements under the NC sub-districts. For example, a homeowner who wants to expand a building may build up to the setback line, or may even build past the setback if certain standards are met. These standards are designed to help ensure that additions can be more easily accomplished and at the same time do not place unfair burdens on the neighbors.
Consequently, unlike current county ordinances, the Neighborhood Conservation district is designed to provide a more objective review process which will have a high level of predictability for land owners, contractors and developers.
In fact, the proposed Neighborhood Conservation district is specifically designed to protect property rights, protect property values and promote investment in Kootenai County.
For more information about the newly proposed NC district, the Kootenai County Board of Commissioners encourages the public and agencies to review the proposed regulations, and provide input online or attend and participate in one of the upcoming ULUC public meetings.
Join Us for Future Webinars
Posted: May 6, 2012
Webinars are held periodically during the project to discuss draft code provisions. You may contact Scott Clark at sclark@kcgov.us at any time to be included on the ULUC webinar invitation list. This will ensure you receive e-mail invitations to all future ULUC project webinars. Alternatively, you can join the webinars when they start by directly by visiting Kendig Keast Collaborative's WebEX Conference Center page (this option will not put you on the list for future webinar invitations; you'll also need a password, which is always kootenai); or join us for the webinar at the Kootenai County Administration Building.
About the Unified Land Use Code Project
Posted: June 24, 2011; Updated: August 29, 2011; Updated: March 20, 2012
The Policy Basis: The Kootenai County Comprehensive Plan
The Board of County Commissioners approved the Kootenai County Comprehensive Plan on December 30, 2010. The new Comprehensive Plan, which applies to the unincorporated areas of Kootenai County,* is the result of several years of research, community input, debate, meetings, writing, and thought. It addresses the changes in circumstances, values, needs, and demands since the adoption of the former plan (in 1994), and was developed in accordance with the standards and requirements of Idaho law (I.C. § 67-6508).
The Kootenai County Comprehensive Plan was developed by the residents of the county, county staff, and elected and appointed officials. It is the result of thousands of hours of volunteer work, considerable County resources, and much debate about the future of the County. A consulting firm called Kezziah Watkins helped the County during the early stages, but the plan was principally developed without the assistance of consultants.
The Unified Land Use Code
Creating new codes that are in accordance with plans is very hard work. There are several private firms across the country that are in business to help local governments through the process. After a competitive selection process that involved detailed proposal documents and a full day of interviews, the County hired Kendig Keast Collaborative to work with the County staff, elected and appointed officials, agencies, landowners, residents, and business owners to develop a new Unified Land Use Code ("ULUC") for consideration by the Board of County Commissioners.
The ULUC will be guided by the policies that the County set out in its Comprehensive Plan, which will be further refined through a process of extensive public input and review.
Why Is the County Updating Its Development Ordinances?
In addition to planning, Idaho law requires Counties to develop and enforce zoning and subdivision ordinances (I.C. §§ 67-6503 and 67-6513, respectively). These ordinances are important tools that Counties use to implement their plans. As such, it is important that the ordinances be consistent with the policies of the plan. In fact, with respect to zoning districts, it is required by state law ("The zoning districts shall be in accordance with the policies set forth in the adopted comprehensive plan." I.C. § 67-6511).
Since the new plan includes new and updated objectives and policies about land use and development, the ordinances that relate to the use and development of land should be revised to ensure that they help to implement the plan, rather than frustrate it. A comprehensive review and re-write of the County's land use regulations also offers the opportunity to:
- Resolve internal inconsistencies, add graphics, and simplify language;
- Reorganize and consolidate the separate ordinances into one place (a Unified Land Use Code);
- Streamline and standardize procedures to the extent allowable under Idaho law;
- Ensure that the ordinances comply with state and federal requirements; and
- Publish the rules in an easy-to-access fashion on the Internet.
What About My Property Rights?
Kendig Keast Collaborative are not bringing a "pre-packaged" set of regulations to Kootenai County. The code language that is presented on this site is in draft form. It is posted in a sincere effort to solicit public comment in order to ensure that the ULUC provides for what the residents of the County want. Accordingly, drafts are subject to substantial change in response to public comment and new information.
Since there is no final code yet (the process is ongoing), there is no way at this point to evaluate the difference between the current zoning and subdivision regulations and what the proposed ULUC might require on any specific property. Kendig Keast Collaborative understands that this is frustrating to some residents, but there is no other way to do this type of work.
The ULUC will be shaped by the following objectives:
- Make the code easier to use, which will make it easier to understand requirements and obtain approvals for the development and use of property;
- Revise or eliminate existing code provisions that are frustrating landowners because they are unnecessarily restrictive (i.e., they go further than they need to in order to achieve their stated objectives), or too difficult to understand; and
- Help implement Kootenai County's Comprehensive Plan, which represents the hard work of the County's residents in figuring out and articulating where their diverse values meet.
What are Property Rights?
Property rights are a cornerstone of western civilization, but too often their nature is misunderstood. Sometimes, the phrase property rights is used loosely. Generally, that stirs up an emotional response -- typically by suggesting that some undefined set of property rights is being put in harm's way. Unfortunately, this sort of rhetoric too often generates "more heat than light." It taps into a heartfelt intuitive image of property rights -- which is, in short, "I should be able to do anything I want with my property."
Yet, the intuitive image of property rights is not square with what centuries of Western and U.S. law describe as property rights. The legal definition (which is what applies to zoning and subdivision law), is much more complicated. Indeed, there are volumes of court cases and legal treatises on property rights.
The "common-law" (case law) on property rights describes them as a “bundle of rights” that come along with the ownership of property. The “bundle” comparison is used because property rights can be separated from each other and given, rented, or sold to others (e.g., a person may lease property to another – giving them a temporary right to possess the property – while still retaining ownership; a person may transfer mineral rights or water rights while retaining ownership of the surface; a person may grant an easement to another for a specific purpose, like access or drainage).
Key property rights in the "bundle" include the right to possess (which includes the right to exclude others), use, and dispose of property (for example, by sale, gift, or will). According to the U.S. Supreme Court, the “power to exclude [others from one’s property] is ‘one of the most treasured strands in an owner's bundle of property rights.’” Loretto v. Teleprompter Manhattan Catv Corp, 458 U.S. 419 (1982).
Property rights may also be created by state law. For example, in Idaho, there is a "right to farm" law, and a right of a property owner who requests and obtains a rezoning to not have the rules change within a certain period of time.
Property rights are not absolute. Courts have consistently held that through our republican form of representative government, the use of property may be regulated “within reasonable limits” (beyond mere nuisances) for “the public good.” As the U.S. Supreme Court puts it, “that is a burden borne to secure ‘the advantage of living and doing business in a civilized community.’” Andrus v. Allard, 444 U.S. 51 (1979). Significantly, the Andrus v. Allard decision was not simply the expression of an "activist court" that was "legislating from the bench." In fact, the opinion was joined by justices across the political spectrum.
The Court in Andrus v. Allard (citing the famous "takings" case of Pennsylvania Coal v. Mahon) ultimately concluded: “Suffice it to say that government regulation—by definition—involves the adjustment of rights for the public good. Often this adjustment curtails some potential for the use or economic exploitation of private property. To require compensation in all such circumstances would effectively compel the government to regulate by purchase. ‘Government hardly could go on if to some extent values incident to property could not be diminished without paying for every such change in the general law.’ Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922) . . . . The Takings Clause, therefore, preserves governmental power to regulate, subject only to the dictates of ‘justice and fairness.’”
Kendig Keast Collaborative's project manager describes the ULUC as "a set of rules for what it means to be a 'good neighbor' with respect to the use and development of land in Kootenai County." All are welcome to join in the effort to create proposed new rules that are purposeful, just, and fair.
That's why we're here.
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* If your property is within the City limits of Athol, Coeur d'Alene, Dalton Gardens, Fernan Lake Village, Harrison, Hauser, Hayden, Hayden Lake, Huetter, Post Falls, Rathdrum, Spirit Lake, State Line, or Worley, then the proposed ULUC will not apply to it. However, please note that in some cities there are one or more unincorporated "enclaves," which are areas of the County that are surrounded by incorporated parts of the city on all sides. These areas are not part of the city , and therefore are regulated by the County. For a map of the County's cities (which shows the enclaves), click here.