Commission seeks advice on P&Z proposal
BONNERS FERRY With the potential of discriminating against businesses, Boundary County Commissioners decided to seek legal advice on a zoning amendment before closing a public hearing.
On Tuesday, Jan. 7, Commissioners discussed and heard comments regarding the addition of a primitive parcel division section to the Zoning and Subdivision Ordinance and the change of simple subdivision to simple parcel division.
Currently, any landowner wishing to split their property into parcels or lots is required to follow subdivision rules.
If splitting the parcel into two parcels and both have access, the landowner follows the simple subdivision rules, which requires a staff review and fee.
If there isn’t road access to both parcels, the landowner follows short plat primitive subdivision rules, which requires a survey, platting and public hearing.
In an effort to ease the burden on families wishing to divide their parcel in two for a family member, Boundary County Zoning Administrator Dan Studer proposed the addition of a primitive parcel division and simple parcel division.
The simple parcel division would allow family members to split a parcel into two with only a staff review.
Basically, the simple parcel division is a name change of the simple subdivision rule to eliminate confusion among surveyors.
The primitive parcel division would allow a landowner to divide their land into two parcels, even if the second parcel does not have an approved approach to a county road or state highway, with only a survey and county staff approval.
Families would not need platting or a public hearing under the primitive parcel division.
Families would only be able to split their land once under simple parcel division or primitive parcel division. Future divisions would fall under subdivision rules.
“If you chose to make lots, then you have to make a subdivision,” said Commissioner Walt Kirby.
One aspect of concern for Commissioner Dan Dinning is the availability of the primitive parcel division to only families, lands in family trusts or family limited liability corporations.
Other than family gift deeding, corporations have all the same rights as individuals explained Dinning.
“Why make the distinction between corporations and individuals?” said Commissioner Dinning at the public hearing. “I’m not understanding why corporations shouldn’t have the same right.”
Corporations and non-family owned businesses would be required to follow current rules of simple subdivision or short plat primitive subdivision regardless of how many parcels they split land into.
“A split should be the same for everyone,” said Donna Capurso. “Keep it simple.”
With the possibility of discriminating against businesses, Commissioners agreed to table the public hearing until Monday, Jan. 27 at 1:30 p.m. when Boundary County Attorney Tevis Hull could be present to answer legal questions, including questions regarding business exclusions, adding the limitation of future divisions onto the record of survey, wording within the proposed amendment and fee changes.
The continuation of the public hearing allows more public comment to be heard at the hearing in the Commissioner’s office. At the conclusion of the hearing, Commissioners will approve or deny the application, approve with amendments or table the hearing again.