Article B: Nonconforming Property Use, or Structure

It is the intent of this Ordinance to permit nonconforming uses, structures, and lots to continue until they are removed or altered in such a manner to bring them into conformance. It is further the intent of this Ordinance that nonconforming uses, buildings, and lots shall not be enlarged upon, expended or extended in such a manner as to increase their nonconformity, without approval of the Commission.

A. The lawful use of land or structures existing on December 5, 2005, may be continued.

B. A non-conforming structure which conforms with respect to use may be altered or expanded if the alteration, expansion or addition is in conformance with the standards of this Ordinance.

C If a non-conforming use is discontinued for a period of twelve (12) consecutive months further use of the property shall conform to this Ordinance, However, any single family or duplex use lawfully existing on the effective day of this Ordinance shall be hereafter deemed a lawful use.

D. A non-conforming use, if changed to a conforming use, may not thereafter be changed back to a non-conforming use.

E. Normal repairs and alterations may be made to a non-conforming structure. No existing non-conforming structure designed, arranged, intended for or devoted to, a use not allowed under this Ordinance shall be enlarged, extended, reconstructed, structurally altered or moved unless such use is changed to a use allowed under the regulations specified by this Ordinance; and provided, further, that nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof.

Nothing contained in this regulation shall require any change in the plans, construction, alteration or designated use of a structure upon which construction has commenced or a permit has been obtained prior to the effective date of this Ordinance. If the designated use will be non-conforming, the construction for such use shall be commenced within six (6) months of permit issuance and it shall be in operation within two (2) years from the effective date of this Ordinance, otherwise, future use of the property shall be in conformance with the Multiple Use District.

If the non-use continues for a period of twelve (12) consecutive months, the county shall, by written request, require that the owner declare his intention with respect to the continued non-use of the improvements in writing within twenty-eight (28) days of receipt of the request. If the owner elects to continue the non-use, he shall notify the county in writing of his intention and shall post the property with notice of his intent to continue the non-use of the improvements. He shall also publish notice of his intent to continue the non-use in a newspaper of general circulation in the county where the property is located. If the property owner complies with the requirements of this subsection, his right to use such improvements in the future for their designed purpose shall continue, notwithstanding any change in the zoning of the property.

The property owner may voluntarily elect to withdraw the use by filing with the clerk of the county an affidavit of withdrawn use. If the property is redesigned for a different use, the property owner shall be deemed to have abandoned any grandfather right to the prior use of the property.

For purposes of this Section “designed purpose” means the use for which the improvements were originally intended, designed and approved pursuant to any applicable planning and zoning ordinances.

The provisions of this Section shall not be construed to prohibit a county from passing or enforcing any other law or ordinance for the protection of the public health, safety and welfare.

2B-5 Violations:

Properties, uses, or structures that were in violation of previous land use regulations and that remain a violation under this ordinance shall be considered continuing violations.

Section 1 Overlay Districts Established

Section 2 Allowed Uses

Section 3 Multiple Overlay Districts

Section 4 Standards and Regulations

Article A Wildland-Urban Interface Overlay District

Article B Planned Unit Development Overlay District

Article C Flood Damage Prevention Overlay District

Article D Hazardous Development Site Overlay District

Article E Planned Community Overlay District

For the purpose of this ordinance, the unincorporated territory of Boise County, Idaho, has the following categories of overlay districts:

1. 
   Wildland-Urban Interface Overlay District
   
2. 
   Planned Unit Development Overlay District
   
3. 
   Flood Damage Overlay District
   
4. 
   Hillside (Hazardous Development Site) Overlay District
   
5. 
   Planned Community Overlay District
   

A use that is allowed in the underlying base district may be prohibited subject to the regulations of an overlay district. With the exception of the Planned Unit Development Overlay District and any Planned Community Overlay District, an overlay district shall not be construed to allow a use that is otherwise not allowed in the underlying base district.

Where a property is subject to the regulations of more than one overlay district as outlined in this chapter, the requirements of an overlay district shall not be waived or modified unless specifically authorized through procedures set forth in said overlay district. When a conflict exists between the regulations of an overlay district(s), the most restrictive shall apply.

A Planned Community Overlay District is subject to the standards and regulations that are applicable to all base districts unless different standards and regulations are specifically authorized in the Pplanned Ccommunity Ooverlay Ddistrict.

3A-1 Purpose

3A-2 Applicability

3A-3 Standards

3A-4 Penalties

3A-1 Purpose:

This section will establish guidelines to mitigate the risk to life and property from the spread of fire from wildland onto developed land, from developed land onto wildland, and between adjacent structures.

This Section shall apply to all Subdivisions, Conditional Use Permit applications, Planned Communities, Planned Unit Developments and structures 200 square feet or greater, submitted or constructed.

1. 
   This Section will apply to additions or alterations made to any building or structure if the footprint of the structure is expanded by 50% or more.
   
2. 
   All Subdivision, Planned Communities, Planned Unit Developments and Conditional Use Permit applications shall include mitigation plans as provided in this Section. This Section shall supplement all other Sections of the Boise County Unified Development Code, and where at variance with other laws, regulations, Sections, or resolutions, the more restrictive requirements shall apply.
   
3. 
   All outdoor fires within unincorporated Boise County shall be regulated pursuant to 3A-3(A)(7).
   

1. 
   Objective. Provisions of this Section are intended to modify the fuel load in areas adjacent to structures to create a defensible space around those structures. Distances may be increased due to site-specific analysis based on local conditions and the fire protection plan.
   
2. 
   Building Permits. Upon issuance of a building permit for home or out-building construction, the Planning and Zoning Administrator will advise the applicant on any requirements to mitigate fuels in accordance with this ordinance. At the completion of the backfilling of the foundation, the applicant must inform the Planning and Zoning Administrator and request a WUI inspection. Failure to do so shall authorize the Planning and Zoning Administrator to declare the permit revoked and shall not issue another permit until said violation is corrected. Violations shall follow procedures set forth in the current Building Permit Ordinance and this Ordinance.
   
3. 
   Fuel modification. In order to qualify as a conforming defensible space for the purpose of structures on a property, fuel modification shall be not be less than 30 feet or to the property line if less than 30 feet. Figure 3A-1 demonstrates the application of this subsection.
   
4. 
   Responsibility. Persons owning, leasing, controlling, operating or maintain­ing buildings or structures requiring defensible spaces are responsible for modifying or removing non-fire-resistive vege­tation on the property owned, leased or controlled by said per­son.
   
5. 
   Trees. Trees are allowed within the defensible space, provided the horizontal distance between crowns of adjacent trees, and crowns of trees and structures, overhead electrical facilities or unmodified fuel is not less than 10 feet. Dead wood and litter shall be regularly removed from trees.
   
6. 
   Landscaping. Where ornamental vegetative fuels or cultivated ground cover, such as green grass, ivy, succulents or similar plants are used as ground cover, they are allowed to be within the desig­nated defensible space, provided they do not form a means of transmitting fire from the native growth to any structure.
   

1. 
   General. Persons owning, leasing, controlling, operating or maintain­ing buildings or structures requiring defensible spaces are responsible for maintaining non-fire-resistive vege­tation on the property owned, leased or controlled by said per­son.
   
2. 
   Modified Area. Non-fire-resistive vegetation or growth shall be kept clear of buildings or structures, in accordance with Section 4 Defensible Fence, in such a manner as to provide a clear area for fire suppression operations.
   
3. 
   Responsibility. Persons owning, leasing, controlling, operating or maintaining buildings or structures are responsi­ble for maintenance of defensible spaces to the standards set forth in this ordinance.
   
4. 
   Trees. Tree crowns extending to within 30 feet of any structure shall be pruned to maintain a minimum horizontal clearance of 15 feet. Tree crowns within the defensible space shall be pruned to remove limbs located less than 18 feet or 1/3 the height of the tree above the ground surface adjacent to the trees. Portions of tree crowns that extend within 18 feet of the outlet of a chimney shall be pruned to maintain a mini­mum horizontal clearance of 18 feet.
   

1. 
   Clearance of brush or vegetation growth from road­ways. The Fire Chief, Sheriff or authority having jurisdiction is authorized to require areas within 10 feet on each side of fire apparatus access roads and to be cleared of non-fire-resistant vegeta­tion growth.
   

1. 
   General. Burning on private or public land will comply with fire permit requirements of the specific fire district or the County, State or Federal entity that has ownership/jurisdiction of the land. Proper burn permits are required during specific times of the year and are issued by the fire jurisdiction/agency providing response in each area of the County. Burn permits are required from May 10 to June 30 of each year. A “No Burn” policy is in effect from July 01 to Oct 20 in the unincorporated areas under the jurisdiction of Boise County. The Boise County Firefighters Association may vote to cancel the Burn Ban on private ground at an earlier date if conditions permit.
   

2. 
   Permits. Even when burning is approved by permit of the local Fire Department, outdoor fires shall not be built, ignited or main­tained in or on hazardous fire areas under the following conditions:
   

1. 
   When high winds are blowing.
   
2. 
   When a person 18 years old or over is not present at all times to watch and tend such fire.
   
3. 
   When a public notice has been made extending the “No Burn” season.
   

3. 
   Reckless behavior. The Fire Chief, Sheriff or authority having jurisdiction is authorized to stop any actions of a person or persons if the official determines that the action is reckless and could result in an ignition of fire or spread of fire. Such actions will be reported to Boise County Dispatch and given to the Boise County Sheriff or applicable Law Enforcement Agency. IAN
   

1. 
   Access. Newly constructed driveways shall be constructed to a minimum width of twelve feet (12’).
   

2. 
   County Right-of-Way Access. To utilize the right-of-way approaches in Boise County shall require approval through the Boise County Road and Bridge Department. Applicants will complete the “Application to Use Right-of-Way Approaches” form and submit it to the Road and Bridge Department along with applicable fees.
   
3. 
   Address markers. All buildings shall have a reflective perma­nently posted address, which shall be placed at each driveway entrance and be visible from both directions of travel along the road. In all cases, the address shall be posted at the beginning of construction and shall be maintained thereafter, and the address shall be visible and legible from the road on which the address is located. All address markers and signs shall comply with Chapter 4, Article H, Street Naming and Address Numbering.
   

1. 
   Access. Access to a development or subdivision shall meet the following requirements:
   

1. 
   Safety. All road systems shall provide for unobstructed traffic circulation for residents, fire­fighters and fire equipment in case of an emergency. This requires wide, well-constructed roads with sufficient turn-arounds to prevent getting stuck off the road, and to allow simultaneous access by emergency vehicles and escape by local residents. Turns must be designed and hill grades established allowing for truck traffic.
   
2. 
   Key Box. Where emergency vehicle access is restricted because of secured access roads or driveways or where immediate access is necessary for life-saving or fire-fighting purposes, the Fire Chief or Sheriff may require a key box to be installed in an accessible location. The key box shall be of a type approved by the Sheriff or Fire Chief and shall con­tain keys to gain necessary access as required. Combination locks are acceptable when appropriate codes are furnished to the local fire department and Boise County Dispatch. Should a key box not be installed the fire department or Sheriff may take such actions as necessary to access the property. The requirements of this subsection shall not apply if the access road is equipped with a knock-down gate.
   

2. 
   Driveways. Driveways shall be required when any portion of an exterior wall of the first story of a building is located more than 150 feet from a fire apparatus access road. Driveways shall have a minimum unobstructed width of 12 feet and a minimum unobstructed height of 13 feet 6 inches. Driveways in excess of 150 feet in length shall have turn­arounds. Driveways in excess of 200 feet in length and less than 20 feet in width shall have turnouts in addition to turnarounds.
   

1. 
   Driveway turnarounds shall have inside turning radii of not less than 30 feet and outside turning radii of not less than 45 feet. Driveways that connect with a road or roads at more than one point may be considered as having a turnaround if all changes of direction meet the radii require­ments for driveway turnarounds.
   
2. 
   Driveway turnouts shall be built to the standards of the Chapter 4, Article D, and be at least 10 feet wide and 30 feet long. Driveway turnouts shall be located as required by the Fire Chief or Sheriff.
   

3. 
   Fire Apparatus Access Road. New subdivisions, Planned Communities and Planned Unit Developments and Conditional Use Permits shall have fire apparatus access roads which shall be all-weather roads with a mini­mum width of 20 feet and a minimum vertical clearance of 14-feet; shall be designed to accommodate the loads and turning radii for fire apparatus; and have a gradient nego­tiable by the specific fire apparatus normally used at that loca­tion within the jurisdiction; and constructed in accordance with Chapter 4, Article D. Dead-end roads in excess of 150 feet in length shall have turnarounds as approved by the Fire Chief or Sheriff.
   
4. 
   Marking of roads. Approved signs in accordance with Chapter 4, Article H, shall be required and maintained for access roads and driveways to identify such roads.
   
5. 
   Marking of fire protection equipment. Fire protec­tion equipment and fire hydrants shall be clearly identified in a manner approved by the Fire Chief or Sheriff.
   

1. 
   Water Supply A water supply shall be required for the use of the fire protection service having jurisdictional authority for fire-fighting purposes in accordance with the jurisdiction’s fire mitigation plan and this section.
   

4. 
   Fire Mitigation Plan.
   

1. 
   Requirements. A Fire Mitigation Plan shall be prepared, approved, and implemented.
   
   1. 
      The Fire Mitigation Plan shall be based on a site-specific wildfire risk assessment that includes considerations of the following:
      
      1. 
         location,
         
      2. 
         topography,
         
      3. 
         slope,
         
      4. 
         flammable vegetation,
         
      5. 
         climatic conditions,
         
      6. 
         fire history,
         
      7. 
         response time from the nearest fire department,
         
      8. 
         water sources and water source,
         
      9. 
         storage capacity.
         
   2. 
      The plan shall address the following:
      
      1. 
         access,
         
      2. 
         building ignition and fire resistance factors,
         
      3. 
         fire protection systems,
         
      4. 
         fire protection equipment,
         
      5. 
         defensible space,
         
      6. 
         evacuation routes, and
         
      7. 
         vegetation management.
         
   3. 
      The cost of preparing the Fire Mitigation Plan and review shall be the responsibility of the applicant.
      

1. 
   Objective. The intent of this Section is to increase the reliability of water storage and pumping facilities and to pro­tect such systems against loss from intrusion by fire.
   
2. 
   Fuel modification area. Water storage and pumping facilities shall be provided with a defensible space of not less than 30 feet clear of non-fire-resistive vegetation or growth around and adjacent to such facilities.
   

1. 
   Persons owning, controlling, operating or maintaining water storage and pumping systems requiring this defensible space are responsible for clearing and removing non-fire-resistive vegetation and maintaining the defensible space on the prop­erty owned, leased or controlled by said person.
   
2. 
   Portions of trees that extend to within 30 feet of combustible portions of water storage and pump­ing facilities shall be removed.