Power County | minutes | meeting 2026-05-26 | Commissioner's Meeting Agenda source: https://www.powercounty.gov/AgendaCenter/ViewFile/Minutes/_05262026-307 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 Page 2 of 8 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 Page 3 of 8 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 Page 4 of 8 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 Page 5 of 8 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 Page 7 of 8 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 POS,ER COUNTY. trrar{) 5-27-2O:i26 (X:10:35 PM t{o. orpag..:2 Rccordcd fo. : POti\rER COt t{Ty COtrti SStOiaRS SHAREE SPRAGT E FG.: O,OO Erotfcio Rccoarier ,7.r'^ 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 s Po n1 loncr Kryst Krein. Commissioner lnstrument # 2126o74 POUTER COt NTY, lllAtlo 6-2-2OZt 09:42:iail A tlo o, P{t : , RGGord lo. : PCI!,ER cqr TY SHAREE SPRAGUE Fc :0.00 Er-oftrcrc Rcco.d.r Wty -M1-- 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. Hosted by: American Legal Publishing Previous Doc Back to Code Library 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 directly or contact American Legal Publishing toll-free at 800-445-5588. Hostcd by: American Legal Publishing Back to Code Libran Previous Doc 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) | 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) I)isclaimer: This Codc of Ordinances and/or any other documents that appcar on this site may not refleot the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for inlormational purposes only. These documents should not be relied upon as the definitive authoritl' for local legislation. Additionalll', the f,ormatting and pagination of the posted documents varies from the lormatting and pagination olthe olficial copy. The official printed cop-v of a Code ofOrdinances should be consulted prior to any action being taken. For furthcr inlormation regarding the official version ofany of this Code of Ordinances or other documents posted on this site, please oontact the Munioipality directly or contact American Lcgal Publishing toll-lree at 800-445-5588. Hosted by: American Legal Publishing Previous Doc Back to Code Libran