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POWER COUNTY COMMISSION
Page 1 of 8
REGULAR SESSION MINUTES
Tuesday, May 26, 2026
POWER COUNTY BOARD OF COMMISSIONERS
Meeting Minutes
Commission Chambers
543 Bannock Ave.
American Falls, ID 83211
www.powercounty.id.us
Monday, May 26, 2026, 9:00 a.m.
I. CALL TO ORDER
The Board of County Commissioners met in regular session Tuesday, May 26, 2026, and called the
meeting to order at the hour of 9:04 am, in the Commission Chambers of the Power County Courthouse.
II. COMMISSIONERS/STAFF
PRESENT:
Commissioner Chris Fehringer, Chair
Commissioner Kryst Krein
Commissioner Jason Povey
ABSENT:
None
STAFF:
Sharee Sprague, Clerk
Mariano Villa, Deputy Clerk
Brock Bischoff, Legal Counsel
OTHER PARTIES PRESENT:
Kami Chandler
Macie Evans
Kasey Kendall
Cecil Sweeney
Jeff Evans
Dan Bartel
Blaine Newman
Andi Higgins
Ryan Grayson
Stace Gearhart
Krystal Denney
Deanna Curry
Leslie Schei
Patty Porath
Jeff Rankin
George Stewart
Debra Wynn
III. AGENDA
A. NOTICES/REPORTS
1. Public Comment: No public comment was given.
2. Fire Season Outlook: Chris Colt and Blaine Newman, operating under direction from the
national office, and Dan Bartel from the United States Fire Service, detailed a challenging
season ahead for regional wildfire management. A higher-than-normal fire season is
anticipated, driven primarily by critically dry fuel conditions at high elevations. Specifically,
1,000-hour fuels are registering at approximately 10% moisture content, a stark drop from the
normal 25% baseline, which creates a significantly elevated risk for severe fire activity. In
response to these conditions, management strategies will heavily emphasize aggressive initial
attacks to suppress all feasible fires quickly, with a parallel top priority placed on rangeland
protection. Long-term mitigation efforts are also moving forward, as the recently signed Lower
Portneuf Vegetation Project is set to begin fuels reduction work this summer. This season also
POWER COUNTY COMMISSION
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REGULAR SESSION MINUTES
Tuesday, May 26, 2026
marks a major operational shift with the introduction of the newly formed U.S. Wildland Fire
Service, which unifies the Bureau of Land Management (BLM), Bureau of Indian Affairs (BIA),
and the Fish & Wildlife Service into a single agency. Resource levels remain robust across the
collaborating services. The Forest Service enters the season fully staffed with 135 firefighters
dedicated to the Caribou-Targhee area, while the new U.S. Wildland Fire Service brings 80
personnel to the effort. Air support is also positioned for rapid response, with both a Type 1 and
a Type 3 helicopter currently deployed and based out of Pocatello.
3. Juvenile Probation Annual Report & Update: Idaho Department of Juvenile Corrections
representative Stace Gearhart and Probation Director, Ryan Grayson, presented the Juvenile
Justice Report, which showed continued positive trends in Power County’s juvenile justice
system. Overall youth involvement with the court system, arrests, and detention placements
remained low and have decreased in recent years. Probation and diversion programs continued
to achieve strong outcomes, with high success rates and low recidivism among participating
youth. The report also highlighted ongoing community service and restitution efforts, available
state and local funding sources that support juvenile services, and the continued use of
substance abuse and mental health resources for eligible youth. Mr. Gearhart noted that the
county’s strong results are largely attributed to the effectiveness of diversion programs and the
collaborative efforts of the prosecutor’s office and juvenile probation staff.
4. SICOG Update: The Board received an update from SICOG regarding the Power County Annex
project and organizational activities. The annex project continues to move forward under EPA
Brownfields funding; however, progress has been delayed due to federal historic preservation
review requirements associated with the building’s historic designation. SICOG is working with
state and federal agencies to complete the necessary agreements and public involvement
process before demolition can proceed. Potential mitigation measures to preserve the site's
historical significance are also being evaluated. The Board was informed of ongoing
organizational changes within SICOG, including leadership and program transitions resulting
from regional restructuring. SICOG representatives discussed the impacts these changes may
have on the organization and its operations moving forward. The next SICOG Board meeting is
scheduled for June 18 at the Oneida County Senior Center.
5. Sheriff’s Office Update: Sheriff Kendall outlined key developments across personnel, budgeting,
and facility maintenance. On the staffing front, salary approvals have been submitted for a part-
time court security officer and a detention deputy, leaving just one vacancy in detention. The
office is still managing openings in dispatch and patrol—with plans to promote from within for
an open detective role—while carefully evaluating the vacant Chief Deputy position. Financially,
the current budget is flexible enough to absorb new hires and recent raises (salary approvals for
consideration). Facility and equipment maintenance remains active. The office submitted a
$5,000 insurance claim for a lightning-damaged amplifier at Table Mountain and temporarily
reinstalled an old silo amplifier while awaiting a new one. Additionally, plumbing repairs are
wrapping up, recreation door updates are ongoing, and a water heater showing sediment
buildup and venting issues will likely need replacement.
6. Courthouse Security: The Board discussed courthouse security equipment and reviewed
options for replacing the current body scanner before the existing contract expires.
Commissioners and Sheriff Kendall expressed interest in transitioning to a traditional walk-
through metal detector as a more cost-effective long-term solution. The IT team will be directed
to research and procure a metal detector before the current Evolv contract expires.
7. CASA Budget Request: Representatives from CASA presented their annual budget request and
provided an overview of services offered to children involved in the child protection court
system. The program continues to serve local youth through volunteer advocates who provide
independent recommendations to the court regarding the best interests of children. CASA
POWER COUNTY COMMISSION
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REGULAR SESSION MINUTES
Tuesday, May 26, 2026
representatives highlighted the program's cost-effective use of volunteers and discussed
anticipated funding challenges related to state budget reductions. The organization requested
continued county support at the same funding level provided in prior years.
8. Landfill Discussion: The Board discussed the financial sustainability of landfill operations, noting
that current disposal fees no longer cover actual hauling and operating costs. Potential fee
increases, including adjustments for out-of-county users, were considered as a means of
addressing revenue shortfalls. Commissioners also discussed possible relief options for
qualifying low-income residents, future scale and weighing system improvements, and long-
term plans for handling demolition waste. A public hearing process will be required before any
fee changes are implemented.
9. Rytel Proposal: George Stewart from Rytel presented information regarding hosted telephone
and communication services for Power County. The presentation highlighted available
communication features, support services, equipment compatibility, and potential cost-saving
benefits for government entities. The Commissioner’s requested additional coordination with
the IT department, and a formal proposal is expected for future consideration.
10. Youth Center Budget Request: The Board received a budget request from the Power County
Youth Center and reviewed the programs and services provided to local youth. The center
continues to offer a supervised after-school environment, educational and recreational
activities, and food assistance for participating children. Representatives discussed increasing
operational costs, current funding sources, and efforts to maintain financial stability while
meeting growing community demand.
11. Building & Grounds: The following items were considered;
•
Railings at Prosecutor’s Office – Prosecutor Bischoff states that he spoke with
Maintenance Director, Chet Taylor, regarding the timeframe on the installation of the
new railings. Mr. Taylor had stated that they should have started last week. It was
agreed that contact with the contractor will be made in order to get an estimated time
of completion.
Probation Department AED: Probation Director Ryan Grayson inquired on possibly obtaining
AED Defibrillator kits for the new drug testing area. The Commission informed Mr. Grayson to
speak with EMS Chief Chandler for further details and pricing.
12. Board Updates: The following board updates were discussed;
•
Fair Board / 4-H: The circus remains on track with a planning meeting scheduled for
next week, and weekend campers have already been utilizing the grounds. Meanwhile,
efforts to strengthen the 4-H program are moving forward following positive
conversations with the dean, with plans next to audit and learn from highly successful
counties.
•
Southeast Idaho Health District: A district meeting is scheduled for this coming
Thursday, and full updates will be shared at the next board session.
•
Airport: Infrastructure and compliance are in good standing. Pricing is currently
underway for a new 40-foot double gate, and a recent FAA compliance walkthrough
concluded successfully, confirming that all hangars are properly utilizing their space for
aircraft.
•
Waterways: An urgent safety concern has arisen at the boat dock, where north winds
have caused a significant buildup of sand. Boats and trailers are currently getting stuck,
POWER COUNTY COMMISSION
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REGULAR SESSION MINUTES
Tuesday, May 26, 2026
raising fears that vessels could become trapped during a sudden storm, meaning
excavation work may soon be necessary.
•
Veterans: In personnel updates, Natalie Fuss received authorization from Commissioner
Povey to attend specialized program training focused on navigating disability benefits.
•
Great Rifts / Transfer Station: Highlighting a great community partnership, an Idaho
Power representative serving on the Great Rifts board has offered to donate a pickup
truck to the transfer station.
13. Budget Workshop: No action was taken on this item.
14. Mosquito Abatement Discussion: Clerk Sprague raised the need to initiate the Request for
Proposal (RFP) process for the mosquito abatement district contract ahead of the upcoming
fiscal year. Because a new vendor has expressed interest in providing these services, the county
must put the contract out for a competitive bid rather than automatically renewing the existing
agreement. Clerk Sprague emphasized that opening the RFP process now ensures a fair,
transparent, and timely selection. The contract and bidding timeline are scheduled for formal
discussion during the next meeting.
15. AFLAC FSA Discussion: Prosecutor Bischoff discussed with the Commissioner’s regarding
switching the FSA administration from a receipt-based reimbursement model to a debit card
system. This switch was described as a privacy friendly alternative to the current process. Clerk
Sprague raised concerns about the IRS compliance aspects, prior bad experience with a third –
party FSA administrator, and the need to understand all implications before switching. It was
agreed to invite AFLAC representative Ben Fuhriman to the next meeting for further discussion.
B. MOTIONS:
1. Agenda: A motion to approve the agenda for Monday, September 8, 2026, was presented by
Commissioner Povey with a second by Commissioner Krein. Following audible call of the Board,
motion unanimously carried.
2. Convene as Ambulance District Board at 9:02 am: A motion to adjourn as the Power County
Board of County Commissioners and convene as the Power County Ambulance District Board
was presented by Commissioner Povey with a second by Commissioner Krein. Following an
audible call of the board, the motion unanimously carried.
3. Power County Ambulance Administration & Financial Report: Chief Kami Chandler and Chief
Deputy Maci Evans appeared before the Board and presented the accounts receivable reports
for the date ending April 2026. The meeting covered several key topics related to ambulance
services and county operations. A new social media SOP for the Ambulance district was
implemented with additional trainings with a medical director in June to propose optional
training modules for providers, which could increase billing capabilities and require
compensation adjustments. Also discussed were scheduling challenges in Rockland, status of
various grants and the arrival of a new ambulance in July or August. Following discussion, a
motion to accept the Financial Reports as submitted was presented by Commissioner Krein with
a second by Commissioner Povey. Following audible call of the Board, motion
unanimously carried.
4. Reconvene as Board of County Commissioners at 9:41 am: A motion to adjourn as the Power
County Ambulance District Board and reconvene as the Power County Commissioners was
presented by Commissioner Fehringer with a second by Commissioner Povey. Following an
audible call of the board, the motion unanimously carried.
POWER COUNTY COMMISSION
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REGULAR SESSION MINUTES
Tuesday, May 26, 2026
5. Resolution 2026-08 Burn Ban: A motion to approve Resolution 2026-08 A Resolution Declaring
an Emergency and Implementing a Burning Ban & Fireworks Protection until September 30,
2026, was presented by Commissioner Povey with a second by Commissioner Krein. Following
audible call of the board, the motion unanimously carried. The resolution is attached to these
minutes and incorporated herein as Exhibit A.
6. Ordinance 2026-03: A motion to approve Ordinance 2026-03 was presented by Commissioner
Krein with a second by Commissioner Povey. Following audible call of the board, the motion
unanimously carried. The resolution is attached to these minutes and incorporated herein as
Exhibit B.
7. Retail Alcoholic Beverage License Application of Kin Enterprises, INC.: The application for a
retail alcoholic beverage license came before the Commission at 1:50 pm. The applicant, Kin
Enterprises, Inc. dba Pop N Cork, requests approval of retail alcohol beverage license No. 20 for
2026-2027, namely bottled or canned beer not to be consumed on premises and retail wine. A
motion to approve the application of Kin Enterprises Inc. for approval of retail alcohol beverage
license No. 20 for 2026-2027, namely bottled or canned beer not to be consumed on premises
and retail wine, was presented by Commissioner Povey with a second by Commissioner Krein.
Following roll call vote, motion carried unanimously and the record concluded at 1:51 pm.
8. Consenting Agenda: Following discussion, a motion to approve the consenting agenda as
submitted was presented by Commissioner Povey with a second by Commissioner Krein.
Following audible call of the board, the motion unanimously carried.
Claims: The following claims report was approved;
FUND
Paid
0001 GENERAL FUND (CURRENT EXPENSE)
$ 26,689.87
0003 FAIR BOARD
$ 500.00
0004 POWER COUNTY AMBULANCE DIST.
$ 71,202.53
0005 POWER COUNTY ABATEMENT DIST.
$ 16,060.00
0006 DISTRICT COURT
$ 90.85
0008 JUSTICE FUND
$ 23,636.03
0009 DRUG COURT
$ 266.14
0010 ENHANCED 911 SERVICES
$ 548.11
0011 HEALTH DISTRICT
$ 432.12
0015 ELECTIONS
$ 6,904.66
0020 REVALUATION
$ 99.63
0023 SOLID WASTE (LANDFILL)
$ 34,308.98
0027 WEEDS
$ 235.45
0038 WATERWAYS
$ 19,885.06
0039 MUSEUM
$ 1,138.68
0050 PAYMENT IN LIEU OF TAXES
$ 3,441.85
Total Amount Paid
$ 205,439.96
Approval of Past Meeting Minutes: Minutes for the Commissioner’s meeting held on May 11,
2026 were approved.
Treasurer’s Update: Treasurer Deanna Curry presented the Board of Commissioners with a LGIP
monthly statement, Treasurer’s Cash, Joint Month End reports ending April 2026. Reports were
reviewed and approved by the Board.
9.
Personnel: The following personnel items were discussed and approved;
POWER COUNTY COMMISSION
Page 6 of 8
REGULAR SESSION MINUTES
Tuesday, May 26, 2026
Sheriff’s Office
•
The Sheriff's Department hired an employee to fill the vacant position and requests
Louis Alexander Hamilton receive $25,350.00 annually or $25.00 hourly as
compensation for completion of assigned job duties.
•
The Sheriff's Department hired an employee to fill the vacant position and requests
Richard Iver Lee Koger receive $47,840.00 annually or $23.00 hourly as compensation
for completion of assigned job duties.
•
The Power County Sheriff’s Office merit-based raise and requests Gary Krell receive
$59,280.00 annually or $28.50 hourly as compensation for completion of assigned job
duties.
•
The Power County Sheriff’s Office merit-based raise and requests Travis Morrell receive
$56,160.00 annually or $27 hourly as compensation for completion of assigned job
duties.
•
The Power County Sheriff’s Office merit-based raise and requests Jeb Hoag receive
$56,160.00 annually or $27 hourly as compensation for completion of assigned job
duties.
•
The Power County Sheriff’s Office merit-based raise and requests Callin Cardona receive
$56,160.00 annually or $27 hourly as compensation for completion of assigned job
duties.
•
The Power County Sheriff’s Office merit-based raise and requests Nicholas Eblin receive
$52,000.00 annually or $25 hourly as compensation for completion of assigned job
duties.
•
The Power County Sheriff’s Office merit-based raise and requests Byron Marshall
receive $56,160.00 annually or $27 hourly as compensation for completion of assigned
job duties.
•
The Power County Sheriff’s Office merit-based raise and requests Carrie Weisenburger
receive $56,680.00 annually or $27.25 hourly as compensation for completion of
assigned job duties.
•
The Power County Sheriff’s Office merit-based raise and requests Staci Miller receive
$48,984.00 annually or $23.55 hourly as compensation for completion of assigned job
duties.
•
The Power County Sheriff’s Office merit-based raise and requests Devan Funk receive
$49,649.60 annually or $23.87 hourly as compensation for completion of assigned job
duties.
•
The Power County Sheriff’s Office merit-based raise and requests Trinity McLaren
receive $44,720.00 annually or $21.50 hourly as compensation for completion of
assigned job duties.
•
The Power County Sheriff’s Office merit-based raise and requests Marci Beebe receive
$50,897.60 annually or $24.47 hourly as compensation for completion of assigned job
duties.
•
The Power County Sheriff’s Office merit-based raise and requests Stephanie Ramirez
receive $49,920.00annually or $24.00 hourly as compensation for completion of
assigned job duties.
•
The Power County Sheriff’s Office merit-based raise and requests Richard Simmons
receive $56,992.00annually or $27.40 hourly as compensation for completion of
assigned job duties.
•
The Power County Sheriff’s Office merit-based raise and requests Francis Pahler receive
POWER COUNTY COMMISSION
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REGULAR SESSION MINUTES
Tuesday, May 26, 2026
$47,840.00 annually or $23 hourly as compensation for completion of assigned job
duties.
•
The Power County Sheriff’s Office merit-based raise and requests Destiny Ortiz receive
$46,800.00 annually or $22.50 hourly as compensation for completion of assigned job
duties.
•
The Power County Sheriff’s Office merit-based raise and requests Andrea Cuevas
receive $49,088.00 annually or $23.60 hourly as compensation for completion of
assigned job duties.
•
The Power County Sheriff’s Office merit-based raise and requests Emma Carter receive
$46,800.00 annually or $22.50 hourly as compensation for completion of assigned job
duties.
•
The Power County Sheriff’s Office merit-based raise and requests Dayton Rice receive
$49,088.00 annually or $23.60 hourly as compensation for completion of assigned job
duties.
•
The Power County Sheriff’s Office merit-based raise and requests Rebecca Titterington
(Glass) receive $46,800.00 annually or $22.50 hourly as compensation for completion of
assigned job duties.
Ambulance
•
The Clerks office reports that Marissa Neal a PRN has resigned from the Ambulance
District.
•
The Clerks office reports that Jedidiah Price a PRN has resigned from the Ambulance
District.
Following discussion, a motion to approve the personnel updates as submitted was presented
by Commissioner Krein with a second by Commissioner Fehringer. Following audible call of the
board, the motion unanimously carried.
10. Election Canvass: The recent election concluded with an overall voter turnout of 48.3%,
including 51 new voter registrations, highlighted by an exceptional 80% turnout in the Rockland
precinct. The primary source of voter friction involved state party affiliation rules, which
prohibit voters from changing their party alignment after the candidate filing deadline.
Operationally, the county faced challenges with discontinued Oki printers; to resolve this, plans
are underway to purchase backup Lexmark printers for future elections.
On the ballot, both school district measures failed to pass:
The Plant Facilities Levy: Received 51.4% of the required 55% supermajority, largely because
many voters mistakenly believed it was a new tax rather than a renewal.
The Bond Measure: Failed decisively with only 34.49% of the required 66.67% approval,
meaning the district likely cannot run another levy until next year.
Finally, the Secretary of State's office will soon draw counties for a post-election audit. Because
Power County has not yet been audited, its odds of selection are high. Following discussion, a
motion to accept the Election Canvass report for the May 19th, 2026, primary election was
presented by Commissioner Krein with a second by Commissioner Fehringer. Following audible
call of the board, the motion unanimously carried.
IV. EXECUTIVE SESSION:
1. Executive Personnel Session I.C. 74-206(1)(b) 1:29 pm: A motion to enter into executive
session to consider personnel actions pursuant to Idaho Code 74-206(1)(b) was presented by
Commissioner Povey with a second by Commissioner Krein. Deputy Clerk Mariano Villa
conducted roll call on the motion;
POWER COUNTY COMMISSION
Page 8 of 8
REGULAR SESSION MINUTES
Tuesday, May 26, 2026
•
Commissioner Povey, AYE
•
Commissioner Krein, AYE
•
Commissioner Fehringer, AYE
Following roll call of the Board, motion unanimously carried. Upon conclusion of discussion,
Commissioner Fehringer declared the meeting open at 1:45 pm.
2. Executive Personnel Session I.C. 74-206(1)(b) 1:54 pm: A motion to enter into executive
session to consider personnel actions pursuant to Idaho Code 74-206(1)(b) was presented by
Commissioner Povey with a second by Commissioner Krein. Deputy Clerk Mariano Villa
conducted roll call on the motion;
•
Commissioner Povey, AYE
•
Commissioner Krein, AYE
•
Commissioner Fehringer, AYE
Following roll call of the Board, motion unanimously carried. Upon conclusion of discussion,
Commissioner Fehringer declared the meeting open at 2:30 pm.
V. ASSESSMENTS/CONCLUSIONS:
1. Next Meeting: The next regular session for the board to meet is slated for June 8, 2026.
2. Adjourn: Having no further business to come before the Board, a motion to adjourn was
presented by Commissioner Povey with a second by Commissioner Krein. Following audible call
of the Board, motion carried and the meeting was adjourned at 2:30 pm.
The foregoing minutes were approved by the Board of County Commissioners during the Regular Board
Meeting held June 8, 2026.
ATTEST:
MARIANO VILLA, Deputy Clerk
__________________________________
COMMISSIONER FEHRINGER, Chairman
Mariano Villa Jr.
lnstrument # 226039
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POWER COUNTY RESOLUTION NO. 2026-08
A RESOLUTION DECLARING AN EMERGENCY AND IMPLEMENTING A
BURNING BAN AND PIREWORKS PROTECTION
WHEREAS, the Power County Board of Commissioners wishes to protect the lives, safety, and
property ofthe residents ofPower County: and
WHEREAS. the board of county commissioners have authority to pass ordinances to provide for
the safety and good order ofthe county and its inhabitants pursuant to ldaho Code $ 31-714; and
WHERIE,AS, on May 26.2026. the Power County Board of County Commissioners declared an
emergency drought condition to exist in Power County; and
WHEREAS. pusuant to idaho Code section 39-2609. the Power County Board of
Commissioners may declare a severe fire threat based on the vegetative conditions during the
current fire season that renders the use olfireworks unlawful in any area so declared; and
WHEREAS, the Power County Board olCounty Commissioners have consulted with and
support the recommendations ofthe Power County Sheriff and Power County Fire Chiefs in
declaring a moratorium on buming pursuant to Power County Code $ 4-1-9 and ldaho Code €
31-222'7, and further believe a ban offireworks, pursuant to Idaho Code $ 39-2609 is warranted.
WHER-EAS, pursuant to Power County Code section 4-1-9. the Fire Chief of any fire district
and the County Sherifffor any area not within a fire district may declare a moratorium on
buming; and
WHEREAS, this Resolution shall allow for an Ag exemption upon application through existing
rules and regulations and the Fire Chiefofany fire district and the County Sheriff:
NOW, THEREFORE, BE IT RESOLVED upon the motion of Commissioner Povey, having
been seconded by Commissioner Krein, and duly approved by the Power County Board of
County Commissioners. that the following shall be in effect in the unincorporated areas of Power
County:
1. Due to high temperatures and minimal summer precipitation causing the vegetative
conditions in Power County to be extremely dry, the Power County Board of County
Commissioners declared that a severe fire threat does exist in Power County;
2. The Power County Board of County Commissioners suppofi the fire chiefs and County
Sheriff in issuing a moratorium on buming as outlined in Power County Code section 4-
1-9;
3. Pursuant to Power County Code section 4- l -7(D), the agency responsible for issuing bum
permits in accordance with Power County Code is authorized to require that recreational
fires be immediately discontinued if such fires are determined by that agency to
constifute a hazardous condition:
4. Pursuant to Idaho Code section 39-2609. the use of fireworks is banned in Power County
due to the severe fire threat based on the extremely dry vegetative conditions during the
current fire season. unless used pursuant to a display for which a permit has been granted
by the agency having jurisdiction to issue said permit: and
5. AII open buming of solid fuels, including, but not limited to: wood. paper. charcoal. etc..
within or upon any public ground owned, operated by, and/or leased from Power County,
except for the use ofgas fire pits; appliances designed for the preparation offood, such as
gas grills. pellet grills, and/or charcoal briquettes or lump charcoal for barbecuing: is
prohibited; and
6. The Power County Board of Commissioners declare that all open buming, defined under
Power Counlv Code $ 4-1-2. as the buming of a bonfire. rubbish fire or other fire in an
outdoor location where fuels being bumed are not contained in an incinerator. outdoor
fireplace or barbeque pit, is prohibited; and the use of fireworks is banned unless used
pursuant to a display lbr which a permit has been granted by the agency having
jurisdiction to issue said permit. This ban goes into effect on June 5 2026 and witl
continue through Seotember 30. 2026; and
7. Agricultural exemption for burning shall be allowed if a permit is issued pursuant to
Power County Code $$ 4-1-3 and 4-l-6:
8. Nothing in this Resolution shall be interpreted to supersede any state or federal law
currently existing.
9. Failure to adhere to the conditions of this Resolution banning buming and the use of
certain areas within Power County may result in criminal and/or civil liability.
These restrictions shall remain in place until September 30. 2026. unless revoked prior to said
date or extended beyond said date, pursuant to the concurrence ofthe Power County Board of
County Commissioners with the fire chiefs and Power County Sheriff.
Approved and adopted by the Power County Board ofCounty Commissioners on this 26th day of
Mav 2026.
Fehringer.
an
Attest:
Power Countv Deputy Clerk
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Kryst Krein. Commissioner
lnstrument # 2126o74
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Power county commissioners Ordinance 2026-03
POWER COUNTY AMENDMENT OF TITIE 10, CHAPTER l0 through 14 - UPDATE AND CORRECTION.
Be it ordained by the County Commissioners of Power County ldaho:The followlng modification to Power County
Municipal Code Title 10, Chapter 10 through L4 (Ord. 98-01, 7 /73/1998, amd. 2O78-I0, 7214/2018, amd 2026-03,
5126/26].ro update and correct informaton to meet the Comprehensive Plan and existing ordinances. The update
and corrections were considered by the Power County Planning and Zoning Commission, approved and forwarded
to the Power county Board of commissioners for review and approval on the 77h day of April 2026-
NOW, THEREFORE, lT lS RESOTVED that the Power County Commissioners do hereby approve the updates and
corrections to Title 10, Chapters 10 through 14 in its entjrety to the Power County Municipal Code as attached
herewith as exhibit A.
APPROVED FOR BOARD oF cOUNw COMMISSIONERS REVIEW - REVISION OR APPROVAL this 26th day of May
2026
Chris E. Feh ringer
irm
Povey
mtsstoneT
Kryst Krein
Commissioner
WHEREAS, on April 71h,2026, The Planning and Zoning Commission approved the amendment to Power County
Code Title 10, Development Code, chapters 10 through 14 for updates and corrections to coincide with existing
ordinances and the comprehensive plan.
Exinbloit
[\
TITLE 1O . CHAPTER 1O
ASOD AIRPORT SAFETY OVERLAY DISTRICT
SECTION:
10-10-1 : Scope; Purpose
10-10-2: Height Limitation Zones
1 0-10-3: Height Limitations
'l 0-10-4: Use Restrictions
1 0-10-5: Nonconforming Uses; Additional Regulations
1 0-10-6: Permits; Additional Requirements
1 0-10-7: Variances
10-10-8: Obstruction Marking A€dgld Lighting
10-10-9: Airport Maps On File
10-10-1 : SCOPE; PURPOSE:
The purpose of the Airport Safety Overlay District (ASOD) is to provide for the safety of aircraft
pilots and passengers and protect a substantial investment of public funds by assuring that land
development and construction activities within the ASOD are compatible with the safe continued
use of the American Falls and Pocatello Airports. (Ord. 20'19-0'1, 1-14-2019)
10-10-2: HEIGHT LIMITATION ZONES:
This Overlay Zoning District is composed of several height limitation zones, which include all
land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical
surfaces appurtenant to the American Falls and Pocatello Airports. These zones are shown on
supplements to the Official Zoning Map established by section '10-3-3 of this title. An area
located in more than one of these zones shall be considered to be in the zone with the more
restrictive height limitation.
A. Approach Zones:
1. American Falls Airport: The inner edge of this approach zone coincides with the width of
the primary surface and is two hundred fifty feet (250') wide. This approach zone expands
uniformly outward to a width of one thousand two hundred fifty feet (1,250') at a horizontal
distance of five thousand feet (5,000') from the end of the primary surface. lts center line is the
continuation of the center line of the runway.
2. Pocatello Airport:
a. Runway 16/34: The inner edge of this approach zone coincides with the width of the
primary surface and is five hundred feet (500') wide. This approach zone expands uniformly
outward to a width of one thousand five hundred feet (1 ,500') at a horizontal distance of five
thousand feet (5,000') from the end of the primary surface. lts center line is the continuation of
the center line of the runway.
b. Runway 03/21 . The inner edge of this approach zone coincides with the width of the
primary surface and is one thousand feet ('1,000') wide. To the northeast, this approach zone
expands uniformly outward to a width of sixteen thousand feet (16,000') at a horizontal distance
of fifty thousand feet (50,000') from the end of the primary surface. lts center line is the
continuation of the center line of the runway. To the southwest, this approach zone expands
uniformly outward to a width of three thousand five hundred feet (3,500') at a horizontal distance
of ten thousand feet (10,000') from the end of the primary surface. lts center line is the
continuation of the center line of the runway.
B. conical Zones: The conical zone commences at the outer edge of the horizontal zone and
extends outward a horizontal distance of four thousand feet (4,000').
C. Horizontal Zones:
1. American Falls Airport: The horizontal zone is established by swinging arcs of five
thousand feet (5,000') from the center of each end of the primary surface and connecting the
adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the
approach and transitional zones.
2. Pocatello Airport. The horizontal zone is established by swinging arcs often thousand
feet (10,000') from the center of each end of the primary surface of Runway 03121 and
connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does
not include the approach and transitional zones.
D. Transitional Zones: The transitional zones are beneath the transitional surfaces defined in
section 10-10-3 of this chapter. (Ord. 20'19-01, 1-14-2019)
10-10-3: HEIGHT LIMITATIONS:
Except as provided in subsection E of this section, or by variance, no structure or tree shall be
allowed to break the plane of the imaginary surfaces established herein.
A. Approach Surfaces:
1. American Falls Airport And Pocatello Airport Runway 16/34: This surface is above the
approach zones for these runways and slopes tvventy feet (20') outward for each foot upward
beginning at the end of and same elevation as the primary surface, then extending along the
extended runway center line to the end of the approach zone.
2. Pocatello Airport Runway 03/21: This surface is above the approach zones for this
runway. To the northeast it slopes fifty feet (50') outward for each foot upward beginning at the
end of and same elevation as the primary su#a€HFCSUdaeC l& extending to a horizontal
distance often thousand feet (10,000') along the extended runway center line, then forty feet
(40') outward for each foot upward to the end ofthe approach zone. To the southwest it slopes
thi*yJ€+r4h jtEfqq feet (34') outward for each foot upward beginning at the end of and same
elevation as the primary surface, then extending along the extended runway center line to the
end of the approach zone.
B. Conical Surface: These surfaces slope twenty feet (20') outward for each foot upward
beginning at the edge of the horizontal surface and extending for a horizontal distance of four
lhousand feet (4,000').
C. Horizontal Surface: A horizontal plane one hundred fifty feet (150') above the established
airport elevation, the perimeter of which, in planpla!4 view, coincides with the perimeter of the
horizontal zone established in subsection 10-10-2C of this chapter.
D. Transitional Surface. These surfaces extend outward at Fin€ty+€CfeeollCly:deSrcg (90')
angles to the runway center line and the runway center line extended at a slope of seven to one
(7: 1) from the sides of the primary and approach surfaces to where they intersect the horizontal
and conical surfaces.
E. Exception From Height Limitations: Nothing in this chapter shall prohibit the construction
or maintenance of any structure of th jdy{ye!hil!y:[!ye feet (35') or less in height, or the growth of
any tree to a height up to thirty five feet (35') above the surface ofthe land, except in the
approach zones. (Ord. 2019-01, 1-14-2019)
10-10-4: USE RESTRICTIONS:
No use shall create electrical interference with navigational signals or radio communication
between the airport and aircraft, make it difficult for pilots to distinguish between airport lights
and other lights, result in glare in the eyes of pilots using the airport, impair visibility in the
vicinity of the airport, create bird strike hazards, or in any way endanger or interfere with the
operation of aircraft. Note that this performance standard appiies throughout the County. (Ord.
2019-0'l , 1-14-2019)
Disclaimer: This Code ofOrdinances and/or any other documents that appear on this site may
no1 rcflect thc most current legislation adoptcd by the Municipality. American Lcgal Publishing
provides these documents for informational purposes on11,. These documents should not be relied
upon as the definitivc authority for local lcgislation. Additionally, the lormatting and pagination
of the posted documents varies lrom the formatting and pagination of the official oopy. The
olficial printed copv of a Codc of Ordinances should bc consulted prior to any action being
taken. For further information regarding the official version ofany of this Code olOrdinances or
othcr documents posted on this site, pleasc contact the Municipality dircctly or contact Amcrican
Legal Publishing toll-free at 800-445-55{ltt.
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F o D F L J[SF.-I' - "J#?'.K L rr *, ",
SECTION.
10-1I -1: Scope; Purpose
1O-'11-2: Boundary
10-'11-3: Administration Of National Flood lnsurance Program
10-11-4: Performance Standards For Special Flood Hazard Areas
10-1 1-5: Variances
1O-1 1 -1 : SCOPE; PURPOSE:
This chapter adopts the procedures and performance standards required for Power County's
participation in the National Flood lnsurance Program. (Ord. 2019-01 , 1-14-2019)
10-1'l-2: BOUNDARY:
The Floodplain Overlay District (FOD) includes and is coterminous with all flood-prone areas
identified by the U.S. Geological Survey and all special flood hazard areas identified by the
Federal Emergency Management Agency (FEMA). (Ord. 2019-01 , 1-14-2019)
10-11-3: ADMINISTRATION OF NATIONAL FLOOD INSURANCE PROGRAM:
A. Development Defined: ln the FOD, "development" shall include any activity that may
potentially affect flood flows. This includes all land disturbance, including grading and the
construction of fills for any purpose, as well as all building construction, and is more
comprehensive than the definition of development used ln other portions of the County.
B. Warning; Disclaimer Of Liability: All applicants for permits in the FOD shall sign an
acknowledgement stating:
1. I understand that, while the degree of flood protection required by the County is
considered reasonable for regulatory purposes and is based on scientific and engineering
considerations, larger floods can and will occur.
2. I understand that projected flood levels may be increased by manmade or natural
causes.
3. I understand that this Title does not imply that land outside the area of special flood
hazard or useeggg permitted within such areas will be free from flooding or flood damage.
4. I understand that this Title does not create any liability on the part of the County or any
officer or employee thereof, or on the paft of FEMA, for flood damageedBmBp.
C. Additional Application Requirements: All applications for permits in the FOD shall be
accompanied by the following information:
'1. Elevation of the lowest floor of all proposed buildings.
2. Elevation to which any existing or proposed building has been or will be
+l€odpreetuCflggdplgqt.
3. For all buildings other than single-family dwellings: certification by an engineer or
architect that the floodproofing methods used comply with these performance standards.
4. Where alteration of any watercourse or wetlands is proposed. a description of the extent
to which the watercourse or wetlands will be altered or relocated as a result of the proposed
development and proof that all State or Federal permits required for that alteration have been
approved.
5. The developer shall provide base flood elevation data for all subdivisions or permit uses
that include fifty (50) or more lots or dwelling units or one or more acres.
D. Duties Of Administrator: The Administrator shall serve as the local Floodptain Ordinance
Administrator and perform the duties listed below:
1. Determine thatwhgthg all required State and/or Federal permits have been obtained
before reviewing any application for a permit in the FOD.
2. Where base flood elevation data are not provided by FEMA: obtain and reasonably
utilize any base flood elevation and floodway data available from State, Federal, or other
sources as a basis for the administration of these performance standards.
3. Maintain a record of the actual elevation of the lowest floor of new or substantially
improved buildings, and whether or not the building contains a basement.
4. Maintain a record of the floodproofing certifications required by subsection C3 of this
section.
5. Notify the ldaho Department of Water Resources prior to the alteration or relocation of a
tercourse and submit evidence of that notification to the Federal lnsurance
Administration.
6. Maintain records of appeal actions and report all variances allowed to the Federal
lnsurance Administration. (Ord. 201 9-0 1, 1 -1 4-201 9)
10-11-4: PERFORMANCE STANDARDS FOR SPECIAL FLOOD HAZARD AREAS:
A. Anchoring: New construction and substanlial improvements shall be anchored to prevent
flotation, collapse, or lateral movement. Manufactured homes shall be anchored to prevent
flotation, collapse, or lateral movement, and shall be installed using methods and practices that
minimize flood damage. Anchoring methods may include, but are not limited to, the use of over-
the{op or frame ties to ground anchors.
B. Construction Materials And Methods:
1. New construction and substantial improvements shall be constructed with materials and
utility equipment that is resistant to flood damage-an{lggagg srul using methods and practices
that minimize flood damage.
2. All electrical, heating, ventilation, plumbing, and air conditioning equipment, and other
service facilities shall be designed, or elevated, or located, 6€-a€{o!9 prevent water from
entering or accumulating within their components during flooding.
C. Utilities And Solid Waste:
1. New and replacement potable water systems shall be designed to eliminate infiltration of
flood waters into the system.
2. New and replacement sewage disposal systems sha{ghggld be designed to eliminate
infiltration of flood waters into the system and discharge from the system into flood waters.
3. Solid waste handling and storage facilities shall not be located in the FOD.
D. Hazardous Substances: Storage and handling of hazardous substances in the FOD is
prohibited.
E. Site Planning: Design and construction of all subdtvisions and uses for which a special
use permit is required shall minimize flood damage. Utilities shall be located and designed to
minimize flood damage, and the site shall be graded and drained to guide flood waters around
and away from existing and/or proposed buildings.
F. Residential Development: Subsections F1 and F2 of this section apply only where base
flood elevations have been established by FEMA.
'1. Construction or substantial improvement of any dwelling shall result in the lowest floor
being elevated to or above base flood elevation.
2. Fully enclosed areas below the lowest floor are prohibited, except whercWgle designed
to automatically equalize hydrostatic forces on exterior walls by allowing for entry and exit of
flood waters. Designs for meeting this requirement shall either be certified by an engineer or
architect, or meet the following minimum standards:
a. A minimum of two (2) openings, having a totat net area of not less than one square
inch for every square foot of enclosed area subject to flooding, shall be p+evided;g9yp99!.
b. The bottom of such openings shall be no higher than one foot (1 ') above grade; and
c. Such openings may be equipped with screens, louvers, or other coverings or devices,
provided they permit automatic entry and exit of flood waters.
3. Where base flood elevation data is not available through the Flood lnsurance Study or
from another authoritative source, applications must be reviewed to assure that the proposed
construction will be reasonably safe from flooding. This determination of reasonableness shall
be based on evidence submitted with the application by the developer, including historical flood
records, including photographs of past flood events and similar documentation. The minimum
elevation above grade in such cases shall be two feet (2').
G. Nonresidential Development: Construction or substantial improvement of any
nonresidential building shall result in the lowest floor being elevated to or above base flood
elevation or, together with the attendant utility and sanitary facilities, shall:
1. Be fleedpreefeCflegdplgq[ so that below base flood level, the building is watertight, with
walls substantially impermeable to the passage of water.,Ug!9r.
2. Be designed and constructed to resist hydrostatic and hydrodynamic loads and the
effects of bu€yan€yi buoyancv
3. Present a certification from an engineer or architect that the design and methods of
construction comply with accepted standards of practice for meeting the performance standards
of this title; and
4. Meet the performance standard of subsection F2 of this section for enclosed spaces
below the lowest floor.
5. Developers floodproofing nonresidential buildings shall be notified that flood insurance
premiums will be based on rates that are one foot (1') below the floodproofed level.
H. Manufactured Homes. Manufactured homes that are placed, replaced, or substantially
improved within the FOD shall be elevated on and securely anchored to a permanent
foundation, so that the lowest floor is at or above base flood elevation, where a base flood
elevation has been established or at least two feet (2') above grade where no base flood
elevation has been established.
l. Floodways: The floodway is the channel of a river or other watercourse and any adjacent
land area that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one foot (1'). The floodway is a hazardous
area due to the velocity of flood waters which carry debris and potential projectiles, and due to
the high erosion potential. Encroachments into the floodway, including fill, new construction,
substantial improvements, and other development is prohibited, unless an engineer or architect
certifies that the encroachment will not result in any increase in the flood level during the base
flood discharge.
J. Maintenance Of Flood Capacity: Continuing maintenance to prevent the reduction of flood
carrying capacity in altered or relocated watercourses shall be required.
K. Areas Of Shallow Flooding (AO Zones): An area of shallow flooding is an AO or AH Zone
on the Flood lnsurance Rate Map (FIRM). ln these areas, base flood depth ranges from one
foot (1') to three feet (3'), a clearly defined channel does not exist, the path of flooding is
unpredictable and indeterminate, and veleeity4enflsw olyqleqily may be evident.
1. Construction and substantial improvement of dwellings in AO Zones shall result in the
lowest floor being elevated above the highest adjacent grade of the building site to or above the
depth number specified on the FIRIt/ or to at least two feet (2'), where no depth number is
specified.
2. All new construction and substantial imp+eveme* j4prcyqlCltg of nonresidential
buildings in AO Zones shall:
a. Be graded and drained to guide flood waters around and away from existing and/or
proposed buildings; and
b. Have the lowest floor elevated above the highest adjacent grade ofthe building site to
or above the depth number specified on the FIRM or, where no depth number is specified, to at
least two feet (2') above the highest adjacent grade; or
c. Together with its attendant utility and sanitary facilities, be floodproofed so that any
space below that level is watertight, with substantially impermeable walls and structural
components capable of resisting hydrostatic and hydrodynamic loads and the effects of
buoyancy. Compliance shall be certified by an engineer or architect. (Ord. 2019-01 , 1-14-2019)
10-11-5: VARIANCES:
A. Additional Finding Fe{q Variances: The approval of any variance in the FOD shall be
based on all findings required by subsection 10-2-38,4 of this title, and the additional finding that
approval of the variance will not result in increased flood levels, a threat to public safety, or
extraordinary public expense.
B. Notice Of Variance: Where a variance of the requirements of this chapter is approved, the
Administrator's notice of the decision shall state that the County is not liable for any flood
damagesdA@ge that result from the variance. Where a variance of the elevation requirements
of this chapter is approved, the Administrator shall also notify the developer that the cost of
flood insurance will be commensurate with the increased risk resulting from the reduced lowest
floor elevation. (Ord. 2019-01, 1-14-2019)
Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not
reflect the most current legislation adopted by the Municipality. American Legal Publishing provides
these documents for informational purposes only. These documents should not be relied upon as
the definitive authority for local legislation. Additionally, the formatting and pagination of the posted
documents varies from the formatting and pagination of the official copy. The official printed copy of
a Code of Ordinances should be consulted prior to any action being taken. For further information
regarding the official version of any of this Code of Ordinances or other documents posted on thls
site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-
445-5588.
Hosted by: American Legal Publishing
wPo D *=. r, =#r?F, ffiJ =&ll,-o" D ! sr R r cr
SECTION:
10-12-1 : Scope; Purpose
1 0 -1 2-2: Development Referral
10-12-3: Ground Water Quality Protection
10-12-2.. DEVELOPMENT REFERRAL:
All applications for permits within the WPOD shall be referred to the City of American Falls for
review. The city shall have three (3) days to comment on applications for lot split and
development perm.itstendpe4dlg sld shall be required to submit comments on or before the
public hearing date for applications for subdivisions, spe€i€tgenditjenal_use permits, and Zoning
Map amendments. (Ord. 2019-01 , 1-14-2019)
10-12-3: GROUND WATER QUALIry PROTECTION:
No development shall be approved that, based on competent evidence submitted by the city,
poses a threat to the Sunbeam Springs water source. (Ord. 2019-01, 1-14-2019)
Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not
reflect the most current legislation adopted by the Municipality. American Legal Publishing provides
these documents for informational purposes only. These documents should not be relied upon as
the definitive authority for local legislation. Additionally, the formatting and pagination of the posted
documents varies from the formatting and pagination of the official copy. The official printed copy of
a Code of Ordinances should be consulted prior to any action being taken. For further information
regarding the official version of any of this Code of Ordinances or other documents posted on this
site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-
445-5588.
Hosted by: American Legal Publishing
10-12-'l : SCOPE; PURPOSE:
This chapter permits the City of American Falls to protect its munlcipal source at Sunbeam
Springs by establishing a Wellhead Protection Overlay District (WPOD). (Ord. 201 9-01 , 1-14-
2O19)
ffiffi;'iH,'
ffi
SECTION:
10-13-1: Scope
'1O43-2,. Continuing Compliance Required
I 0-1 3-3: Adequate lnfrastructure
10-13-4: Public Health And Safety
10-'t3-5: Land Use Gompatibility
!.Q!j!$: Maintaining Natural And Cultural Assets
LE1-3-7: Large-Scale Development
10-13{: Table 2 - Buffering Requirements
1@9,: Livestock Defined; Animal Units Enumerated
{0-13-9-1: Authority And Purpose
10-13-9-2: Definitions
l0-13-9-3: Restrictions On Animal Types And Animal Units Enumerated
LE!-il&: Minimum Livestock Facilities
L!LLS: Compliance With Zoning Provisions; Facility Standards
10-13-9-6: Chickens
l0-13-9-7: Bees
'10-13-9-8: Kennels
l0-13-9-9: Penalties
10-13-1 : SCOPE:
This chapter establishes general performance standards for land and building development activity throughout the County. Additional performance
standards specific to the various zoning diskicts will be found in chapters 4 through 't2 of this title. Additional performance standards for
subdivisions are found in chapter 14 of this title. (Ord. 2019-01, 1-14-2019)
1O-13-2: CONTINUING COMPLIANCE REQUIRED:
Developments shall demonstrate continuing compliance with the applicable performance standards. (Ord. 20'19-01, 1-14-2019)
1 0-1 3-3: ADEQUATE INFRASTRUCTURE:
A. Utilities:
1. On-Site Water Supply: Where reliance on individual water supplies is proposed, evidence shall be provided that an adequate quantity and
quality of water is available for the proposed development. The required evidence may be in the form of documented experience with existing wells
at geologically similar, neighboring sites or records of on-site well tests, and shall include, where appropriate, the necessary permit from the ldaho
Department of Water Resources.
2. On-Site Sewage Disposal: On-site sewage disposal systems shall be sited, designed, and constructed in compliance with State standards
3. Central Systems. Where provrded, central water and sewerage utilities shall be sited, designed, and constructed in compliance with State
standards. This may be required on subdivision lots of less than one acre.
4. Easements: No building shall be placed in any utility or irrigation easement, public or private. Only wire or rail fences, or solid wood fences
with a separable section or gate across the easement may be constructed across utility easements. Note that private utilities and irrigators may
impose more restrictive requirements on fences crossing their easements. The minimum lot size for a permitted residence is a minimum of eRe
fiveone acreg. ln certain approved subdivisions, lot size may be less than one acre but not to exceed three (3) residences per acre with central
systems.
B. Access:
1. Access Required: All developments and all lots or parcels within a development shall have safe direct access to a dedicated public road that
meets the design and construction standards of the Power County Highway District. Provision of access, including road extensions shall be the
responsibility of the developer.
2. Winter Road Maintenance: No development shall necessitate extension of winter road maintenance, except upon submission of a study
prepared by competent professionals, at the developer's expense, clearly demonstrating that the tax revenues generated by the proposed
development will cover the costs of extending winter maintenance. All applications in areas where there is no winter road maintenance shall include
a signed and dated acknowledgement showing that the applicant understands that there is no winter road maintenance.
3. Clear Vision Triangles. Clear vision triangles shall be provided at all intersections and all points of access to public roads, and maintained as
follows:
a. No solid fence or wall, planter, hedge, shrub, or other visual obstruction more than three feet (3') in height above grade shall be permitted
within a clear vision triangle;
b. No parking shall be permitted within a clear vision triangle; and
c. Trees shall be permitted in clear vision triangles, but only if all branches are removed to a height of at least seven feet (7') above grade.
4. Access To Arterials: The number of points of access to arterial roads shall be minimized.
5. Access To Commercial And lndustrial Uses: No commercial or industrial use shall have its principal access through an existing residential
development or any area in the RR Zoning District.
6. Multiple Points Of Access: All developments containing sixteen (16) or more dwelling units, or with a distance of more than one thousand
three hundred twenty feet (1 ,320') from a public road which is maintained on a year round basis, shall provide a minimum of two (2) points of
ingress and egress from the public road or highway serving the development. "Loop" systems that return to a single point of access to the public
road may be acceptable for relatively small developments (1,OOO or less projected average daily trips).
. C. -Off-Street Parking And Loading: All uses shall provide off- street parking and loading areas as required by section 10-17-4, appendix D of this
title. Snow storage shall not be permitted to reduce the size of required off-street parking Jr loading areas. 1Orci. zols-Ol , ll+-zols1
10-13-4: PUBLIC HEALTH AND SAFETY:
A. Hazardous Substances: Any use that is, or may reasonably be expected to be, subject to the reporting requirements of the Emergency
Planning and Community Right-To-Know Act of 1986 (EPCRA) shall demonstrate continulng compliance witn Siate and Federal requirJments for
the storage and handling of hazardous substances.
B Nuisances. Potential nuisances and hazards shall be mitigated by appropriate means. Creation of any of the nuisances listed in subsections
Bl through 87 of this section shall be a vrolatron of this title, subject to the penalties provided in subsection I !!z:lqE of this tile.
l
Noise: No commercial or industrial development shall create excessive levels of noise adversely affecting other commercial or residential
uses. Excessive noise, as measured at the property line of the affected use, is any noise that exceeds ihe standirds of table 1 of this subsection:
TABLE 1
DETAILED PERFORMANCE STANDARDS FOR NOISE
L'l0 N/eans this noise level may be exceeded '10 percent of the time.
dBA = Decibels.
Land Use Category
Exterior Design Noise Level -
L,t 0
Residences, nrotels. schools. libraries. hospitals. parks, and similar
uses
70 dBA
Other devclopecl lands
75 dBA
2. Light, Glare, Heat: No commercial or industrial development shall direct light, glare, or heat beyond its property line or, in the case of
industrial uses, beyond the boundary of an lndustrial Zoning District. Welding equipm;nt and other sources of intenso light or glare shall be shielded
from the view of neighboring properties or public ways by enclosure in a building, location on the property, or construction of alence or wall.
3. Dust, Smoke: No development shall generate dust, smoke, odors, or other airborne pollutants that travel beyond its property line, or in the
case of industrial uses, beyond the boundary of an lndustrial Zoning District, except as permitted by State and Federal air qualiiy standards.
4.
ways
5.
Drainage: No development shall channel liquid waste or storm or melt water runoff so as to adversely affect neighboring properties or public
Solid Waste Storage:
a. Solid waste shall be stored in enclosures or containers and in such a manner as not to attract rodents or other vermin, be susceptible to
spillage by dogs or cats, generate odors beyond the property line or liquid runoff; or permit blowing of paper and other lightweight waste.
b. No solid waste, including construction or demolition debris shall be buried or otherwise disposed of, except:
(1) At a site permitted by State and Federal law, and approved as a heavy industrial use in compliance with this title; and
(2) Where permitted by State and Federal law, and the lBC, as rubble fill for a construction site.
6. Weed Control: As required by ldaho Code section 22-2407, "11 shall be the duty and responsibility of all persons and nonfederal agencies to
control noxious weeds on land and property they own".
7. Livestock On Residential Lots: All areas in which livestock or domestic animals are confined shall be maintained so as not to create a
nuisance impacting neighboring properties with noise, odors, insects, or dust. See section 10-13-9 of this chapter for livestock criteria.
C. Excavation And Grading: Section 1804.3 of the lnternational Building Code has been adopted to regulate excavation and grading activities.
D. Steep Slopes, Bluffs, And Canyon Rims.
1. No development shall be permitted on slopes of thirty percent (30%) or more, or other slopes identified as unstable, or within three hundred
feet (300') of the top edge of bluffs of seventyiveSeyqOly:[lye feet (75') or more in height, except where a geotechnical engineer certifies that such
development creates no significant hazard of slope failure or accelerated soil erosion. Note that the IBC may require geotechnical reports for certain
developments on lesser slopes.
2. All structures shall be a minimum of one hundred feet (100') from the Snake River Canyon rim and other canyon rims which are composed
of solid rock cliffs. Other canyon rims shall be treated as a bluff.
E. Reservoir Setbacks; American Falls Reservoir: All structures shall be at least three hundred feet (300') from the high-\,vat€rhigh-\,valCl mark of
American Falls Reservoir. Exceptron: Uninhabited structures associated with water-related outdoor recreation areas and marinas may be permitted
within three hundred feet (300') of the high waterhiqh-water mark of American Falls Reservorr. The location and design of such excepted structures
shall be reviewed by the Bureau of Reclamation with a written report of their findings and requested recommendations being submitted with the
application for review by the County.
F. Alluvial Fans: Development on alluvial fans shall be designed to minimize debris flow and sheet flooding hazards. Alluvial fans shall be
identified on a case-by-case basis, using geologic maps and field investigations,
G. Wldfire Hazards. All developments in or adjacent to forested areas, or areas of flammable brushy vegetation shall:
1. For individual structures, including single-family dwellings. provide a fire defensible space of at least thirty feet (30') around the home or
structure. A "defensible space" is one in which trees are thinned so that crowns do not overlap or touch, woody brush is removed or substantially
thinned, and dead fuel is removed. Maintenance of the defensible space is a requirement for continuing compliance with this title.
2. For subdivisions: thin timber and remove dead fuel from the entire site, and provide appropriate perimeter and, in larger developments,
internal fuelbreaks. A fuelbreak is a strategically located strip of land in which the timber has been thinned and fuel removed to create an open
"park-like" appearance. Fuelbreaks either include roads or are accessible to firefighting apparatus. Fuelbreaks are generally at least two hundred
feet (200') in width, with the width increasing on slopes over ten percent (10%).
H. Childcare Services: Childcare services shall be provided in compliance with this title and State law f , as well as compltance with performance
standards for home occupations. Referto section 10-17-2, appendixBof this title. (Ord. 2O19-O1 ,1-14-2019)
Notes
I
L See IC { 39-ll0l et seq.
10-13-5: LAND USE COMPATIBILITY:
A. Use Of Required Yards. Yards created by required setbacks shall remain unenclosed, except as permitted by this performance standard. This
does not refer to fencing the yard.
1. Overhangs, Extensions: Eaves, rain gutters, bay windows, and similar above-grade extensions may exlend no more than three feet (3') into
a required yard.
2. Accessory Buildings: Accessory buildings shall be permitted insideand rear yards, with a minimum setback of ten feet (10') from any
property line.
3. Loss Of Required Yard Space: No space required to make up any required yard, or to maintain the required maximum lot coverage, shall be
removed from the lot by sale, lease, or other conveyance.
4. Exception For Nonconforming Subdivisions: ln residential subdivisions platted prior to the effective date hereof where recorded covenants
dictate front, side, and rear setbacks for single-family dwellings that are less than those adopted herein, new development shall be approved where
the setbacks provided by the covenants are observed, provided that:
a. The subdivision was not vacant on the effective date hereof;
b. The dwellings that exist in the subdivision have observed the setbacks provided by the covenants;
c. The front setback along arterial roads will not be reduced; and
d. No setback will be insufficient for access by firefighters.
B. Land Use Compatibility: The review of 6pe€ialq9!g!l!D!a!-use permit applications and proposals for Zoning Map amendments shall include a
determination that the proposed development or type of development is compatible with neighboring uses, with compatibility being evaluated using
each of these factors:
1 . Lot coverage and the extent of landscaping, including the effectiveness of proposed landscaped buffers;
2. Building bulk, height, and scale;
3. The effect on scenic views from adjoining properties and public spaces;
4. Activity levels, as measured by traffic and noise generation, parking requirements, the number and size of signs, hours of operation, and
similar indicators; and
5. The extent offunctional connections with adjoining developments (existing and anticipated), including shared access to arterials, shared
parking and service access, shared buffering and open space, and shared pedestrian circulation.
C. Land Use Along Arterial Roads: Where residential development is proposed along an arterial, reverse frontage, deep lots, and landscaped
buffers installed by the developer shall be used to separate homes and traffic. Landscaped buffer standards are found in section 10-13-8, table 2 of
this chapter.
D. Landscaped Buffers: Landscaped buffers shall be provided as required by section 10-13-8, table 2 of this chapter, and section 10-17-3,
appendix C of this title.
1 . Wherever landscaped buffering is required by this title, a planting plan shall be required as part of the application for a permit. That plan
shall show the width of the buffer; the number, size, and species of all proposed plant materials, how the proposed buffer will be graded (i.e., level,
berm, swale); how irrigation will be provided, and, where applicable, the location of any fences, walls, sign poles or pedestals, or other structures
that will be placed in the buffer.
2. Existing vegetation shall be retained to serve required buffering or screening functions wherever possible.
E. lrrigation Systems: All developments including or adjoining irrigated lands, or including or adjoining any irrigation works (diversions, head
gates, canals, pumps, dralns, etc.) shall be reviewed by the responsible irrigation entity. No development shall be permitted to adversely impact the
operation of any irrigatton system. See section 1 0-14-6 of this title for additional requirements for the subdivision of irrigated land.
F, Temporary Uses. Any use permitted in the A, Hl, Ll, REC or C Zoning Districts may also be established as a temporary use in those zoning
districts.
1 . Development Permit: A development permit (see section 10-2-2 of this title) shall be required for a temporary use, but the duration of the
permit shall be for a specified term not exceeding ninety (90) days.
2. Access And Parking: No temporary use shall reduce the number of parking spaces provided by any other use below that required by
section 10-17-4, appendix D of this title, or interfere with safe access to a property or circulation through any parking or loading area. (Ord. 2019-01 ,
1-14-2019)
10-13-6: MAINTAINING NATURAL AND CULTURAL ASSETS:
A. Stream Corridors: A minimum development setback of fifty feet (50') from the annual average highifl€+erhiqhl /AICI mark shall be required
along all streams, perennial and intermittent. Use of the buffers created by this requirement shall be compatible with the protection of stream
corridor values.
1. Stream corridors may be left in, or restored to, native riparian or wetlands vegetation or planted as lawns, They may not be developed in any
way, except as permitted below.
2. Roads and utility lines may cross stream corridors, but the number and width of such crossings shall be minimized. Roads may be required
to cross a stream on a bridge rather than with a culvert and fill, where the County, in consultation with the ldaho Fish and Game Department
determines that a bridge crossing is necessary to protect the fishery.
3. lrrigation works (dams, head gates, ditches, etc.) may be placed in stream corridors, as may hydroelectric power generation facilities, upon
issuance of all required State and Federal permits.
4. Boat ramps, docks, and prers may be installed within stream corridors, but shall occupy no more than ten percent (100/o) of the stream
frontage on any lot or site, with a minimum disturbance of h*entyfeu@9n[gfogl feet (24') permitted on any lot or site. Note that State or Federal
permits may be required for the disturbance of stream channels.
5. The development setbacks required here shall be clearly shown on final site plans and plats. ln subdivisions, the setback line shall be
located by a permanent monument on each lot line that runs more or less perpendicular to the stream and at the center of each lot that borders the
stream.
6. Notethatuseof stream corridors may also be affected bythe performance standards of chapter 11of thistitle.
B. Wetlands: All developments shall demonstrate compliance with State and Federal wetlands protection requirements.
C. Historic And Archeological Sites: Archeological and historical sites shall remain undeveloped, except where:
1. Historic buildings are restored for use, in compliance with the "secretary of lnterior's Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings"; or
2 fhe PZC finds that preservation of the site will create a severe hardship on the developer. ln such cases, the developer shall be required to
provide documentation of the site's value before it is disturbed.
D Wldlife Habitat: lmportant wildlife habitat shall remain undeveloped, except where the PZC finds that its protection will create a severe
hardship on the developer. ln such cases, the developer shall be required to implement a plan for wildlife habitat protection. That plan shall:
1. ldentify the important wildlife habitat area, the principal species present, and species used as "indicators" in the habitat protection plan;
2. ldentify existing wildlife habitat elements, including sources of water, vegetative cover, and migration routes or other wildlife use areas;
3. Show how land disturbance wjll be minimized in order to maximize retention of large habitat patches;
4. Show how the slte plan provides for movement of wildlife through or around developed areas and the connection of habitat patches;
5. Show how disturbed areas will be revegetated with native plants and how revegetation will result in a volume, structure, and diversity of
vegetation similar to that found in the existing habitat; and
6. Show how occupants will be educated in order to promote long- run maintenance of the habitat protection features of the site plan. (Ord.
2019-01, 1-14-2019)
1 0-13-7 : LARGE-SCALE DEVELOPMENT:
A large-scale development includes forty (40) or more residential lots or units or commercial uses that will potentially generate four hundred (400) or
more average daily trips.
A. Purpose; lnclusions: Large-scale developments shall provide additional on- and off-site public facilities necessitated by thetr development.
Such facilities shall be provided in compliance with all requirements of this title and may include: off-site runoff and erosion control measures;
central sewerage systems; such off-site road improvements as deceleration or acceleration lanes, left turn lanes, signs or signals, and bridges or
culverts; solid waste transfer stations; emergency services buildings and apparatus, including fire engines and ambulances; neighborhood parks
(which may include space used for recreational trails) at a rate of two (2) acres per 1,000 population; and school buildings, including additions to
existing buildings.
B. Development Study; Fees; Hearing: The public facilities' needs of any large-scale development shall be determined through a faclfinding
process conducted by the PZC, at the expense of the developer. The commission may retain professional planners and/or engineers to conduct this
study, the purpose of which shall be to determine what new facilities' needs may be attributed to the proposed development. The large-scale
development study process shall be conducted as follows:
1. The Administrator shall determine whether a proposed development is a "large-scale development" as defined by this title;
2. The Administrator shall not approve a permit for or schedule a hearing on an application determined to be for a large-scale development, but
shall, instead, place initiation of a large- scale development study on the agenda of the next regular commission meeting; at which
3. The commission shall review the application. lf it confirms the Administrator's determination, the commission shall require a large-scale
development study.
4. Where a large-scale development study is required, the developer shall place a deposit with the Administrator in the amount required by the
resolution establishing fees for the administration of this title. The Administrator shall retain appropriate professional assistance for the study,
drawing against the deposit as necessary. Additional actual costs shall be billed to the developer, with such costs being paid before a hearing on
the application is scheduled. Any unused funds shall be returned to the developer upon completion of the study.
5. An application shall be considered complete and a hearing conducted only after completion of the large-scale development study.
C. Fire Protection: Large-scale developments shall be in, or annexed to, a fire protection district 1 .
Exception: A mine or similar resource-dependent development may provide its own fire protection. (Ord. 2019-01 , 1-14-2019)
Notes
I
I . As provided b1, IC rs 3 I - I 401 et seq
10-13 8:TABtES: TABLE 2 - BUFFERING REQUIREMENTS:
This
Development
...Must Provide
Buffering For This
Development, Or Vice
Ve rsa
Basic Buffer Width
(Feet)
Height Adjustmentl
Headlight
Buffer
Security
Fence
Hl, industtial
LISES
permitted in
the A
RR. any arca in thc
AOCI designated lirr
rcsidential use
100 ll nrinimum.
Sec scction l 0-.1-
I ol'this titlc
l:l
For parking
HI. industrial
uses
permitted in
the A
Any arterial stteet
l2
None
Optional
Required
LI
50
0.80:l
For parking
Required
LI
Any other use or any
public way (i.e., a full
perimeter buffer)
l0
None
Optional
Optional
Required
RR. any area in the
AOCI designated fbr
residential use
C
RR. any area in the
AOCI designated fbr
residential use
l0
0.80:l
For parking
Optional
C
Any public way
l
None
Optional
Optional
Higher
density
residential.
manulactured
home parks
Lower density
residcntial
20
Nonc
For parking
Optional
New
residential
subdivision
Any arterial streot
Nonc
Optional
Note:
1 . See section 10-17-3, appendix C of this title.
Detailed performance standards for the design and installation of buffers are found in section 10-17-3, appendix C of this title. Note that the
buffering requirements of this table apply in both directions. That is, a residential development proposed adjacent to an existing commercial use
would have exactly the same buffering responsibility as a new commercial development proposed next to a residential subdivision.
(Ord. 2019-01, 1-14-2019)
10-13-9: LIVESTOCK DEFINED; ANIMAL UNITS ENUMERATED:
1 0-1 3-9-1 : AUTHORIry AND PURPOSE:
The purpose of the requirements for this section 10-13-9 will apply to Residential, Rural Residential and Recreational zoned areas of Power County
and will be as follows:
A. To promote and protect the health, comfort and general welfare of the public.
B. To minimize damaging effects to the environment, increase property values and the quality of life in Power County. (Ord. 2O19-O1, 1-14-2019\
10-13-9-2: DEFINITIONS:
ANIMAL, DOMESTIC: Animals customarily reared as pets, including dogs, cats, rabbits, fish, etc., and farm animals.
ANIMAL, FARM: See deflnition of "livestock".
ANIMAL UNIT: Livestock shall comprise animal units as follows: cows and horses, one unit each, but one-half (1/2) unit if less than one year of age;
sheep and goats, one-half (1/z) unit each, but one-fourth (1/r) unit if less than one year of age; rabbits and fowl, one unit for h#e€ty+ive
(25) of any species or combination thereof.
ANIMAL, WLD: Animals that are customarily not reared as domestic animals or livestock
twenty-five
20
Optional
FARM SERVICE: lncludes all uses as addressed in Power County Comprehensive Plan, agricultural uses, animal husbandry services, horticultural
services, wholesale agricultural chemicals, and wholesale and retail farm equipment and supplies.
FEEDLOT: See definition of CAFO, section 10-2 1-'1 of this title.
KENNEL: Any place other than a veterinary hospital on which more than four (4) dogs and/or more than four (4) cats, of six (6) months in age or
older are kept, or any number of dogs or cats are kept for the purpose of sale, placement, boarding, care, or breeding.
Commercial Kennels: Any location where one or more female dogs are kept primarily for breeding and the offspring thereof are sold for profit, and
any location other than a veterinary hospital, where dogs are received for boarding and/or care.
Hobby Kennels: Any location other than a veterinary hospital and a commercial kennel where four (4) or more dogs over four (4) months of age
are kept.
LIVESTOCK: Defined to consist of cows, inclusive of all bovine; sheep, inclusive of all ovine; goats, inclusive of all caprine; horses, inclusive of all
equine; rabbits; and fowl, inclusive of all turkeys, chickens, ducks, geese and pigeons.
PUBLIC NUISANCE: The unreasonable, unwarranted, or unlawful use of one's property in a manner that substantially interferes with the enjoyment
or use of another individual's property, without an actual trespass or physical invasion to the land. (Ord. 2019-01 , 1-14-2019)
10-13-9-3: RESTRICTIONS ON ANIMAL TYPES AND ANIMAL UNITS ENUMERATED:
A. Animal Types And Units:
1, Except as othemise provided in this section 10- 13-9, it is unlawful and punishable as a misdemeanor for any person to own, harbor, keepor
possess any animal within Power County except household pets and livestock. lt is further unlawful and punishable as a misdemeanor for any
person owning, harboring, keeping or possessing any such livestock to fail to comply with the regulations set forth in subsection 10-13-9-342 and
section 10-13-9-4 of this section 10-13-9.
2. Livestock shall comprise animal units as follows: cows and horses, one unit each, but one-half (1/z) unit if less than one year of age; sheep
and goats, one-half (1/r) unit each, but one- fourth (1/a) unit if less than one year of age; rabbits and fowl, one unit for hrienty{vetwentv-five (25) of
any species or combrnation thereof.
a. Other domestic animals not included in livestock definitions such as cats and dogs are not subject to animal unit totals. (Ord. 20'19-01, 1-
14-2019)
1 0-1 3-9-4: MINIMUM LIVESTOCK FACILITIES:
A. The following minimum facilities standards shall be maintained:
1. No animal unit shall be allowed on any property of less than h#e{+€fi€!ryCCIly:e!9 thousand, seven hundred eighty (21,780) square feet.
2. Not more than one animal unit shall be kept on any property consisting of hrentyenelwgn !y;91e thousand, seven hundred eighty (21,780)
square feet; provided, however, that the animal unit shall be enclosed in a pen or corral containing at least eight hundred (800) square feet.
3. For each ten thousand feet (10,000') of property area in excess of h#enty-€neuenty:9lC thousand, seven hundred eighty (21,780) square
feet, one additional animal unit may be kept; provided, however, that each animal unit shall be enclosed in a pen or corral containing at least eight
hundred (800) square feet per animal unit. (Ord. 2019-01, 1-14-2019)
'1 0-1 3-9-5: COIVIPLIANCE WITH ZON I NG PROVISIONS; FACILITY STANDARDS:
A. Livestock may be kept on property of fifteen thousand (15,000) square feet or more, but less than hfl€n+€fie!ryg1ly:9lg thousand, seven
hundred eighty (21,780) square feet in size, if:
1. The property is zoned Agricultural and meets the agricultural requirements addressed in the Power County Comprehensive Plan.
2. lf the property is sold by the individual who owned the property or if that owner of the property fails to have livestock upon the property for a
period of greater than twelve (12) months, then the permitted use of the property for purposes of keeping livestock terminates.
B. Two (2) or more platted lots in a subdivision can be combined to aftain a twenty one thousand, seven hundred eighty (21,780) square foot or
greater parcel of property for purposes of meeting the requirements of section 10-1 3-9-4 of this section
-13-9
C. Any subdivision passed and approved after October 1, 2018, which contains lots of h^,e€ty-os€Uve0ty:ene thousand, seven hundred eighty
(21,780) square feet or greater shall be presumed to allow livestock unless prohibited by contract, private deed restriction, restrictive covenant or
other action taken by the subdivision owner/developer.
D. All pens or corrals required under section 10-13-9-4of this section 10-13-9 and all sheds, stables, coops or other structures used for keeping
animals, shall be located not less than twenty five feet (25') from any structure used for human habitation. Fences or pens, corrals or similar
enclosures must be of sufficient height and strength to retain the animals. All structures, including sheds, corrals and stables, shall be constructed
and maintained in a manner consistent with the structures located on surrounding properties. Standings under roofed stables or sheds, and pens or
corrals, shall be provided with proper drainage and shall not create offensive odors, fly breeding and other nuisances.
E. The standards in subsections A through D of this section shall not apply to animals being treated or kept at a duly licensed veterinary hospital
or commercial kennel, nor shall they apply to special and temporary events such as rodeos and livestock expositions.
F. Compliance with all animal control regulations set forth in this Code shall be the joint obligation of the owner of the property where the animal
in question is located and of the owner or person having charge of the animal.
G. All zoning provisions of this title shall be followed. Any conditional use permits, if required, shall be acquired prior to the placement of livestock
in any area. (Ord. 2019-01, 1-14-2019)
10-13-9-6: CHICKENS:
A. Notwithstanding anyof the provisions of this section 10-13-9, the keeping of not more than twenty five (25) domestic fowl is permitted within
the rear yard of any single-family dwelling located in a Rural Residential Zone of adequate size per section 10-'13-9-4 of this section 10-13-9,
provided the following requirements are observed:
1. Such fowl on the premises shall not be raised, sold or slaughtered for pecuniary gain or profit.
2. For the purposes of this section, the term "rear yard" means a rural residential yard lying between the rear lot line and the nearest foundation
line of the main building and extending across the full width of the lot. ln the case of a corner lot where the building fronts on a side street, the rear
yard may be established from the rear ofthe house to the side property line.
3. Birds shall be kept in an enclosed area within fences, corrals, barns, pens, coops, or other similar enclosure which shall serve to contain
them, both on the sides and from flying out the top.
4. Bird enclosures must comply with setback requirements.
5. Birds shall be kept so as to not cause adverse impacts on neighboring properties. This includes, but is not limited to, such impacts as odor,
noise, drainage, erosion, and insects. The presence of such impacts can constitute a public nuisance that the County may cause to be abated.
(Ord. 2019-01, 1-14-2019)
10-13-9-7: BEES:
Bees shall not be considered "animals" or "livestock" as defined in this section 10-13-9 and the keeping of the same shall be governed by the
provisions of this Code regarding nuisances. (Ord. 2019-01, 1-14-2019)
10-13-9-8: KENNELS:
A. Kennels:
'1. No person shall operate or maintain a kennel within Power County without first obtaining a special use permit. No special use permit shall be
issued unless the location of the proposed kennel is in accordance with the provisions of the Power County Comprehensive Plan and the Land Use
Ordinance as embodied in this title.
2. No "commercial kennel" or "hobby kennel", as defined herein, which constitutes a nonconforming use under the terms and provisions of this
section 10-13-9, shall be operated or maintained in violation of the terms and provisions of this section 10-13-9, or within any zoned area in which
the same is not permitted.
a. Exception:
(1) A Zone Oeperations: Operations that utilize an animal in a working capacity including but not limited to mousing, herding, security, etc.,
are exempt from this section.
3. Confined animal feeding operatron (CAFO) or feed lots are not governed bythissection. (Ord.2019-01, 1-14-2019)
10-13-9-9: PENALTIES:
Any person, firm, or corporation who fails to comply with, or violates any of the provisions of this section 10-13-9 shall be considered an infraction
except in those circumstances where this section 10-13-9 specifically designates a violation to be a misdemeanor.
A. An initial violation of this section 10-13-9 constituting an infraction shall be punishable by a fixed and set fine of seventy five dollars ($75.00)
when the violator has not previously been convicted of a violation of this section 10-13-9.
B. A second or subsequent violation of this section 10-13-9 constituting an infraction shall be punishable byafixed andsetfine of one hundred
dollars ($100.00) when the violator has been previously convicted of an infraction violation of this section '10-13-9 in the previous five (5) years.
C. Upon conviction of an infraction, third (3rd) within the previous five (5) years, each subsequent violation or failure to comply shall constitute a
misdemeanor violation, and upon conviction thereof shall be subject to a fine of up to one thousand dollars ($1,000.00), and imprisonment in the
County Jail for a period of not more than six (6) months, or both. Damages in the amount of three (3) times the actual damage, may be imposed.
D. Each day on which a violation occurs may constitute a separate offense.
E. The fine amounts set forth above for infraction or misdemeanor offenses shall be separate and apart from any court costs assessed pursuant
to ldaho Code section 3'1-3201A or any other provision of law. (Ord. 2019-01, 1-14-2019)
I)isclaimcr: I'his Codc olOrdinanocs and/or any othcr documonts thal appcar on this sitc may not roflcct thc mosl ourrent lcgislation adoptcd b1'the
Municipalitr'. Amerioan l,cgal Publishing providcs thcse documcnts for inlormational purposcs only.'l'hese dooumcnts should not be rclicd upon as
the definitive authority for local legislation. Additionally, the formatting and pagination ofthe posted documents varies from the formatting and
pagination olthe official copy. The official printed copy of a Code ofOrdinances should be consulted prior to any action being taken. For lurther
information regarding the official version olany of this Code ofOrdinances or other documents posted on this site, please contact the Municipality
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TITLE 1O CHAPTER 14
LOT SPLITS AND SUBDIVISIONS
SECTION:
1 0-14-1 : Scope
10-14-2: Plat Or Record Of Survey Required
10-14-3: Requirements For Lot Splits
'l 0 -1 4 -4: Avoiding lncremental Subdivision
1 0-14-5: Subdivision Design
10-14-6: Subdivision Of lrrigated Lands
10-14-7: Subdivision Of Special Flood Hazard Areas
1 0-14-8: Subdivision lmprovements
10-14-9: Condominiums
10-14-10: Vacation Of Subdivision Plat
10-14-1: SCOPE:
This chapter provides additional performance standards applicable to the division of land for
sale or development. (Ord. 2010-08, 10-12-2010)
10-14-2: PLAT OR RECORD OF SURVEY REQUIRED:
A record of survey or plat shall be required for all land divisions, except as provided in
subsection 10-2-28 of this title. Records of survey and plats shall meet all requirements of title
50, chapter 13 ofthe ldaho Code, "plats and vacations" , as amended, and all requirements of
section 10-1 7-5, "Appendix E, Platting Lot Splits And Subdivisions", of this title. (Ord. 2010-08,
10-12-2O10)
1O-14-3: REQUIREMENTS FOR LOT SPLITS:
A lot split is the creation of any parcel of land, for the purpose of sale, lease, rental or
development. All lot splits shall comply with the following requirements:
A. Evasion Of Requirements: Lot splits shall not be used as a means to evade the
requirements of this title for subdivision by using multiple lot splits.
B. Permitted Use Accommodated: Any lot created shall be capable of accommodattng a
permitted use allowed by this title.
C. Frontage On Road: Any lot created shall have frontage on and drrect access to an existing
public road in compliance with the standards of this title. The approval of the Power County
highway district or the ldaho transportation department as appropriate shall be required for the
location of any said access to an existing public roadway.
D. Compliance With Standards: Lot splits shall comply with all other applicable standards of
this title.
E. Access To Lot: The provision of access to the lot created, including any necessary
extension of roads, shall be the responsibility of the developer.
F. Subsequent Splits: A single (or "parent") lot may only be divided or "split" up to three (3)
times. Any lots created from the parent lot must comply to the underlying zone. Any subsequent
divisions will be considered a subdivision and shall comply with all requirements of a
"subdivision" herein.
G. Zone Requirements: All lots created by the lot split must meet the requirements of the
zone of the parcel being split, i.e., minimum lot size, setbacks, etc. All lots must have safe legal
access, including access for utilities.
H. Deed Restriction: All lot splits shall require a deed restriction on the parent parcel and the
parcel split off to track the number of times the lot has been split.
L Compliance. The commission shall determine whether the proposed lot split is in
compliance with the comprehensive plan and this title. lf it finds that the proposed lot split
complies, it shall approve the application. lf it finds that the proposed lot split is not in
compliance, it shall disapprove the application. Conditions may be attached to an approval, as
provided herein.
J. Approval Of Use: Approval of a lot split does not constitute or imply approval of a permit
for any prospective use of the lot created.
K. Maximum Acreage Of The Parent Lot. At the option of the applicant, prior to dividing or
splitting up a parent lot, the applicant may desigrnete,andppsigngle 3ng divide the parent lot
down to one hundred sixty (160) acres of dry land agricultural land or eighty (80) acres of
irrigated agricultural land, to be the parent lot for lot splits. This dividing of the parent lot parcel
must be in a form acceptable to the county fe€edet-andrecorder and recorded prior to the lot
split application. The remaining land not so designated will not be labeled the parent lot for any
subsequent lot split, only the land designated as the parent lot as indicated.
Any contrary provisions of this code, which conflict with this section concerning lot splits, are
hereby modified so that this section shall govern. (Ord. 2015-4, 3-9-2015)
Exemptions For Land Divisions: No permit shall be required for land divisions resulting from the
following activities:
1 . An adjustment of lot lines shown on a recorded plat that does not reduce the area,
frontage, width, depth, or building setback lines on any lot betow the minimum requirements of
this ti{le, anC!!!19 :43! does not change the original number of lots shown on the plat.
2. An allocation of land in the settlement of an estate, or as a result of a court decree for
the distribution of specific parcels of property.
3. A gift of land for public purposes, an unwrlling sale of land as a result of condemnation,
or the acquisition of street rights- of-way or other public ways or spaces by a public agency.
4. An exchange of land for the purpose of straightening adjacent property boundaries
which does not result in a change in land use.
5. Any division in which three (3) or fewer parcels created or remaining are more than
twenty (20) acres or less than forty (40) acres in size or any division in which all parcels created
or remaining are more than forty (40) acres in size and for which said division does not involve
the dedication of streets or other public ways or spaces.
6. The creation of cemetery lots.
7. State law may require a record of survey for some activities exempted by this title.
by-m€re+han-six-in€hes{6+
3, ncoeBsery buildings that are alse exempted frem review by the IBG (nete that this
gpneral+y exempts aceessoP buildings with a re€f area ef les6 than 120 square feet with 1 stsry
e such aecessery buildings are lecated in the
1, Fenees under six feet (6') in height are exempt€d frem review by the lBC,
5, Miner utility installatiens; exGept where 6u6h installatiens are in the Airpert Safety er
PeeUptainOve+tay-gis
6, Certain signsi as previC€d in sectien 1e 17 1; 'Appendix n;
10-1 4-4: AVOIDING INCREMENTAL SUBDIVISION:
An application for a subdivision permit may be rejected solely on the grounds that the
application does not provide a master plan for the development of lhe entire contiguous
holdings of the developer or owner. (Ord. 2010-08, 10-12-2010)
10-14-5: SUBDIVISION DESIGN:
Subdivisions shall comply with all the applicable performance standards of this title and the
following design requirements:
A. General Requirements. Subdivisions shall be designed to minimize the length of roads
and utility lines required by their development; exposure to natural hazards and damage to
natural assets, including soil erosion and the acceleration of storm and melting water runoff;
exposure to nuisances, including traffic; and conflict with neighboring land uses.
B. Permitted Use Accommodated: Every lot created shall be capable of accommodating a
permitted use allowed by this title.
C. Double Frontage Lots: No double frontage lots shall be created.
D. Side Lot Lines: Side lot lines shall run as nearly perpendicular to the street as possible.
The creation of acutely angular lots shall be avoided, except where necessary to accommodate
the terrain or previously existing property lines. A utility easement of five feet (5') in width shall
be provided along all side and rear lot lines.
E. Taxing Jurisdiction: No lot shall be divided by the boundaries of any taxing jurisdiction.
(Ord 2010-08, 10-12-2010)
10-14-6: SUBDIVISION OF IRRIGATED LANDS:
All subdjvjsions shall demonstrate compliance with the requirements of ldaho Code section 31-
3805, as amended, which provides for approval of subdivisions by irrigation entities. This statute
is provided, for reference purposes, in sectton 10-17-6, "Appendix F, lrrigation Statute", of this
title. (Ord. 2010-08, 10-12-2010)
10-14-7: SUBDIVISION OF SPECIAL FLOOD HAZARD AREAS:
Subdivisions that are in, or include a portion of, a flood prone or special flood hazard area shall
comply with the additional requirements of chapter 11 of this title. (Ord. 2010-08, 10-i2-2O1O)
10-1 4-8: SUBDIVISION IMPROVEMENTS:
The following improvements shall be provided in all subdivisions.
A. Survey Monuments: Survey monuments as required by state law and this tifle.
B. Private Utility Connections: Private utility connections (power, natural gas - where
available, telephone, cable television - where available) for each lot, including any extension of
lines or cables required to serve the subdivision in compliance with the standards established by
the utility involved.
C. Roads: Roads, constructed to the specifications adopted by the power County highway
district, and dedicated to the public.
D. other lmprovements: Any other improvement required for compliance with this tifle.
E. Water And Sewer Systems, State Approval: Where provided, central water and/or
sewerage systems shall be approved by the state.
F. Underground Utilities: Underground utilities shall be provided where possible. All utility
connections shall be installed to the property line of every lot created before the base course of
the road is laid. (Ord. 2010-08, 1O-12-2O1O)
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7, The lBe may require a bsilding p€rmit fer seme aetivities exemplad by this title,
1 0-14-9: CONDOMINIUMS:
For the purposes of this title, townhouses and other forms of attached multiple ownership
dwellings are included in the term "condominium".
A. Platting: All condominium developments shall be platted.
B. Recording Documents: The developer shall provide evidence that a proper condominium
agreement, party wall easements, and other documents necessary to provide for attached
multiple ownerships have been recorded. (Ord. 2010-08, 1O-12-2O1O)
10-'14-'10: VACATION OF SUBDIVISION PLAT:
Requests for the vacatron of a subdivision plat shall follow the procedure provided in ldaho
Code section 50-1306A except that, prior to conducting the required public hearing on the
proposed vacation, the BOCC shall refer the proposed vacation to the PZC for review and
comment. (Ord. 201 0-08, 10-12-2010)
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not refleot the most current legislation adopted by the Municipality. American Legal Publishing
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official printed cop-v of a Code ofOrdinances should be consulted prior to any action being
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