Boundary County Planning and Zoning Commission
Minutes April 18, 2019
|
|
Attending
|
Names
|
|
Public |
..none.. |
|
Planning & Zoning |
David Hollabaugh, John Cranor, Wade Purdom (Co-Chair), Scott Fuller, Rob Woywod |
|
Absent |
Adam Isaac, Caleb Davis, Tim Heenan, Counselor Tevis Hull |
|
Staff |
John Moss |
[Planning & Zoning minutes are transcribed from the conversation that takes place during the meeting. Topics are condensed, eliminating verbatim comment in order to condense the material. Key points are included in this extraction and all votes taken are recorded.]
At 6:00PM Co-Chairman Wade Purdom identified the presence of a quorum, opened the Meeting (Workshop), and asked the Commission if there were any changes or corrections to be made to the Minutes of the March 21, 2019 Meeting. There being none, Purdom asked for a motion to approve the March 21 Minutes. Rob Woywod so moved, seconded by John Cranor, and there being no further discussion Purdom called for a vote. The votes were as follows:
John Cranor - Aye, Tim Heenan - Absent, Scott Fuller - Abstain, David Hollabaugh - Aye, Wade Purdom -Aye, Adam Isaac - Absent, Rob Woywod - Abstain, Caleb Davis - Absent
Tally: Nay (0), Aye (3), Absent (3), Abstain (2)
The motion to approve the March 21, 2019 Meeting minutes was unanimous.
Co-Chairman Purdom then asked the Commission to discuss the information gathered over the last month regarding junk yard definitions. He encouraged everyone to participate and share their views. He then asked staff to explain the reason for reviewing the junkyard definition.
Staff - Rather than focusing on existing junk yards, it is important to have a definition of a junkyard that clearly defines a junkyard regardless of whether one approves of or disapproves of, whether one likes or dislikes junkyards, the definition will clearly define a junkyard so that none can dispute the definition, regardless of how they feel about a particular junkyard the definition must be clear, unambiguous and without bias of any kind.
With this in mind it is up to the planning and zoning Commission to provide such a definition. There are many resource examples available on the web, especially if you Google for them. Given these results, combined with your own interpretation of how these examples boil down to a workable definition for Boundary County, it is your job to present this definition to the County Commissioners who will ultimately decide to accept or reject your proposed definition.
Woywod - At the last meeting a definition was discussed as being generic, presented from a Google search. This generic definition can be used to specifically define a junkyard so even if someone likes or dislikes a junkyard there can be no question, when looking at their property, there is or is not a junkyard there.
Staff - Right! What to do about it if there is a junkyard present? The definition does not dictate any action, that is the responsibility of Section 10.5, but first there must be a clear definition of just what IS a junkyard, as per Section 2.31.
Cranor - Our objection is not to itemize but to describe a junkyard. We're not to define an eyesore or an element we don't like but to create a definition of a junkyard.
Purdom - people are saying, based on the definition of a junkyard currently in place, that they don't have a junkyard and so they have nothing to comply with or to - no issue to deal with. The problem is we do nothing about about compliance and people know that - so we need to scarp the books or start enforcing the code. And we want to enforce the code because everyone appreciates a clean site.
Hollabaugh - there is little definition of code that lends itself to enforcement.
Staff - I draw your attention to Section 10.5, the Standards for Specific Uses - Junkyards - which says what a junkyard must look like to conform to desired appearance, but does nothing to reflect failure to do so. For that level of control we must turn to Section 7, Conditional Use permits, where the permission is granted to have a junkyard and terms and conditions are established relative to establishing a junkyard.
Woywod - Within the Conditional Use approval the Planning and Zoning Commission may establish Terms and Conditions.
Staff - Yes, and note that Section 7.5, Penalties for Violation, is where one would expect to find the teeth that Mr. Hollabaugh refers to.
Purdom - And it would be in the failure to comply with whatever Terms and Conditions have been established for the Conditional Use that one would expect, for example, to find revoking of the Conditional Use.
Staff - No such verbiage exists. It is the Planning and Zoning Commission who has the responsibility for describing the junkyard and what must be done to comply with having one, and how to acquire compliance when a property owner says No, I'm not in violation and I'm not doing anything.
Hollabaugh - so do we say that so many cars or more constitute a junkyard?
Cranor - wait a minute, someone whose hobby it is to restore antique cars may have 5 or more in various stages of repair and he'll say "I'm not a junkyard and I'm not complying"!
Staff - hold it!?
The very first step is to define a junkyard such that whether you collect old cars or old refrigerators you cannot deny that you have a junkyard. This is NOT a bad thing! Having 100 cars is not a bad thing but you cannot deny that you have a junkyard if the definition suggests having many cars or refrigerators constitutes a junkyard. The issue is NOT to point a finger of disapproval but to establish a definition that describes a junkyard whether you love the contents or not. Work on the definition, then work on the standards for use (Section 10.5), THEN work on the Conditional Use Terms and Conditions THEN work on the violations process for mitigating compliance.
Cranor - But if someone has a lot of stuff on their property and they don't sell or do anything with their stuff they may look like a junkyard but they never asked for a Conditional Use permit and they just want to be left alone and so what if they sell car parts once in a while, or sewing machines or tractor tires or whatever once in a while - they consider all of this their property and just want to be left alone.
Staff - if the description of a junkyard identifies property like that to be a junkyard, this does not mean people cannot do with their property as they wish. It MIGHT mean, if such property clearly meets the definition of of a 'junkyard', that they will have to do some screening or take other steps in order to comply with junkyard standards.
It also does not mean that someone must have a Conditional Use permit (unless you so stipulate such a requirement), because this will be up to how the standards are written. It is with all of this in mind - definition, standards for use and optional terms and conditions coupled with penalties for failure to comply that will embrace the concerns of someone who wants to be left alone but who must undeniably meet the standards for having a junkyard.
Before we go much further, I'd like to view the example taken from the web that we discussed at the meeting last month as a tool for continuing this discussion.
Fuller - we all had some good ideas, and we can't go through everything tonight since not everyone is here...
Staff - yes, but you should be able to provide some meat for the next review of these thoughts. There are three areas that were discussed, the first being the definition of a junkyard, the second relating to standards regarding junkyard use, and the third being a review of how to revoke a Conditional Use and how to establish penalties associated with a failure to meet Terms and Conditions. Here is the gist of the thinking regarding the definition of a junkyard:
|
Definition Section 2.31
|
|
2.31. Junk Yard: A site which is maintained or used for storing, keeping, buying, or selling:
2.31.1. Automobile Graveyard: An “automobile graveyard” is the use of any lot, parcel or tract of land for the storage, impoundment, dismantling, demolition, salvage or abandonment of more than three (3) derelict vehicles or parts thereof. This definition shall not include implements of husbandry, farm tractors or equipment customarily operated in a farming, ranching or agricultural operation, nor impoundment lots established by the Boundary County Sheriff or Prosecutor as necessary for law enforcement. 2.31.1.1. Derelict: 'A derelict vehicle is any vehicle that is clearly inoperable and unable to move under its own power; or which is partially or totally dismantled or damaged so as to render the vehicle unsafe or illegal to operate on public roads or rights of way. 2.31.1.2. Impoundment: is the legal process of placing a vehicle into a lot or a location which is a holding place for vehicles until:
2.31.1.3. Vehicle: is any automobile or truck that requires a license issued by the Idaho Department of Motor Vehicles in order to operate lawfully on Idaho State Highways public roads or rights of way. 2.31.2. Junk Yard, Commercial: A junk yard for the purpose of commercial gain and for which an Idaho tax identification number is required. 2.31.3. Junk Yard, Non-Commercial: A junkyard for which no Idaho tax identification number is required. |
These were the thoughts regarding the existing Section 10.5 references to junkyard use:
|
Junkyards Section 10.5
|
|
10.5.1. Non-Commercial Junk Yards: 10.5.1.1. Where a non-commercial junk yard exists at the time of adoption of this ordinance in those zone districts in which such use is prohibited, such use shall be deemed a non-conforming use pursuant to the provisions of Section 17, but must meet or be brought to meet the general provisions established below to allow continuance of the use. 10.5.1.2. Non-commercial junkyards established or maintained contrary to the provisions established herein constitute are hereby deemed a public nuisance subject to the provisions of IC 18-5901. 10.5.2. Commercial Junk Yards: 10.5.2.1. Where a commercial junk yard exists at the time of adoption of this ordinance, such use shall be deemed a non-conforming use pursuant to the provisions of Section 17, but must meet or be brought to meet the general provisions established below to allow continuance of the use. 10.5.2.2. Commercial junkyards established or maintained contrary to the provisions established herein are hereby deemed a public nuisance, subject to the provisions of IC 18-590. 10.5.3. General Provisions, Junkyards: 10.5.3.1. All junkyards will be screened, either by opaque fencing, natural topography or vegetation sufficient to block the use from view from any adjacent property or public right of way and to prevent trespassing. When fencing is used, such fencing will not exceed twelve (12) feet in height. No scrap or junk materials will be stacked, stored or piled to a height exceeding the height of the fence. 10.5.3.2. No junk yard will be located or established within three hundred feet of the boundary of an identified wetland, from the normal high-water mark of any surface water, or from an existing well head. 10.5.3.3. No junkyard will be located or established within a FEMA identified “A” flood zone. 10.5.3.4. No junkyard will be used as an unregulated dumping area for refuse or as a place for the burning or disposal of trash. 10.5.3.5. Prior to final approval of a development permit application to establish a junkyard, a noxious weeds analysis will be conducted of the site and, if necessary, a plan approved by the Boundary County Weed Control Superintendent will be submitted and implemented so as to prevent their spread. 10.5.3.6. Security lighting may be used within the junkyard, but will be directed or shielded so as not to shine or produce glare onto adjoining properties or public roads.
|
Then the Commission discussed penalties, and this was suggested:
|
Junkyards Section 10.5
|
|
10.5.3.7. Upon Termination of Use and failure to remove junk from property within 120 days from date of notice, any junkyard will be deemed a public nuisance subject to the provisions of IC 18-5901.
|
Before going any further with defining a junkyard or reviewing the Standards of Use, the Commission reviewed the Conditional Use and Variance permits. The intent was to look at the process in place for terminating either of these permits. The following verbiage was proposed as a result of group discussion:
|
Section 7 - Conditional Use and Section 12 - Variance
|
|
7.4. Terminating a Conditional Use: An approved conditional use permit will be deemed to lapse if work to establish the use has not begun within two years of the date of approval, or when a use established by a conditional use permit is discontinued for a period of two consecutive years. The owner of property subject to a conditional use permit may request termination of a conditional use permit at any time by notifying the administrator in writing. In the event the owner or any subsequent owner alters the use or fails to abide by terms and conditions established, the Planning and Zoning Commission, signed by the Chairman, will give notice of intent to uphold the agreement to the owner by certified mail, return receipt requested, and provide a specific date, not to exceed 90 days from date of notice, by which to comply with the agreement or on which date the agreement will be terminated and land use will revert to that held prior to the agreement.
12.4. Terminating a Variance: An approved variance permit will be deemed to lapse if work to establish the variance has not begun within two years of the date of approval, or when a use established by a variance permit is discontinued for a period of two consecutive years. The owner of property subject to a variance permit may request termination of a variance permit at any time by notifying the administrator in writing. In the event the owner or any subsequent owner alters the use or fails to abide by terms and conditions established, the Planning and Zoning Commission, signed by the Chairman, will give notice of intent to uphold the agreement to the owner by certified mail, return receipt requested, and provide a specific date, not to exceed 90 days from date of notice, by which to comply with the agreement or on which date the agreement will be terminated and land use will revert to that held prior to the agreement.
|
Fuller - Note that the regulation of junkyards is unregulated in the Industrial zone, and that in some zones commercial junkyards are prohibited.
Woywod - Doesn't seem to be much said about non-commercial junkyards in any of the zones, except in a Residential zone where both types are prohibited.
Cranor - Look at moderate use, where non-commercial junkyards are defined as moderate use. This means a non-commercial junkyard would be acceptable in just about any zone.
At the close of this discussion Purdom asked for a motion to recommend to the full Planning and Zoning Commission at the next meeting
a) the definitions discussed and modified especially with respect to Industrial zone (unregulated) junk yards and
b) changes to the Conditional Use and Variance permits to provide for a termination of use.
Rob Woywod so moved and the motion was seconded by David Hollabaugh. There being no further discussion Purdom called for a vote. The votes were as follows:
John Cranor - Aye, Tim Heenan - Absent, Scott Fuller - Aye, David Hollabaugh - Aye, Wade Purdom -Aye, Adam Isaac - Absent, Rob Woywod - Aye, Caleb Davis - Absent
Tally: Nay (0), Aye (6), Absent (2), Abstain (0)
The motion to recommend to the full Planning and Zoning Commission at the next meeting a) the definitions discussed and modified with respect to Industrial zone (unregulated) junk yards and b) changes to the Conditional Use and Variance permits to provide for a termination of use was unanimous.
These minutes are a work-in-progress and the Planning and Zoning Commission will discuss this at the next meeting.
Rob Woywod moved to adjourn, John Cranor seconded, approved unanimously at 7:55 pm.
Transcribed by: John B. Moss