Because of glitch,
county zoning ordinance put off for a week
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November 4, 2011 |
Because of a communication glitch between staff
at the Bonners Ferry Herald and the Hagadone
News Network offices down south, a new county
zoning and subdivision ordinance expected to be
enacted Thursday, November 3, has suffered a
week-long delay.
County zoning administrator Mike Weland
submitted the legal notice in time for
publication, Bonners Ferry Herald editor Julie
Golder acknowledged receipt and sent it on
through the right channels for publication, but
somehow the legal ad, required by state law, did
not get published as planned.
Hence the new ordinance is being held in
abeyance until next week, when the county has
assurances that the legal notice will be
published.
"I was disappointed," Weland said of the lapse,
"but things happen. All you can do is back up
and abide by the law, and Idaho law says that an
ordinance can't go into effect until a synopsis
is published in the official newspaper of
record. I think that's an outmoded requirement
that state legislators should look at, as we
have better ways of getting word out to people
in a more far-reaching and timely manner with
the Internet, but until that's taken into
account, we rely on legal publication in the
newspaper."
According to Weland, applicants have been
waiting in the wings for the new ordinances to
be adopted.
"Some developers with big plans have been
following this process since it began," he said.
"They liked the direction we were going and the
assurances that the new ordinance provides. I've
been told over and again by developers that they
don't mind abiding by local rules, but they want
to know what the rules are, along with the
assurance that if they comply with the rules,
they are less likely to be denied the ability to
develop based on what the neighbors might say."
The new ordinance, Weland says, is the best
effort he's seen to bridge that gap. "We had
voices from every side weighing in," Weland
said. "It wasn't pretty, but the issues did get
aired out."
Land use law, he said, is likely the most
contentious "intrusion" by the government short
of taxes.
"Nobody wants to see what's happening in their
back yard change," Weland said. "Our old
ordinance worked well for years, but it allowed
consideration of anything and due process of any
idea. The supreme court ruled that we couldn't
do that ... we have to be more specific. The
letter of the law has to apply, whether or not
common sense as the people of this community
dictates otherwise."
The new ordinance, and the comprehensive plan
supporting it, ensures as best it can that in
the future, matters of importance as expressed
in the comp plan will be considered and weighed
in all land use decisions, but weighed in
balance.
They provide a better measure of assurance for
those who would develop in Boundary County while
assuring that those who live here and enjoy the
tranquility that their voice will be heard and
considered. It closes many of the loopholes once
enoyed by people who would take advantage of our
once lax laws to develop and leave.
It puts more burden on people who want to split
their property for good reason, but it allows
consideration for higher density where apt and
for property owners who are providing for
family.
"This has been a long and tough process," Weland
said, "The result is not perfect, I'm sure ...
but we have the ability to adjust it later if
need be. I think Boundary County is blessed to
have a group of volunteers serving in the often
thankless position on the Planning and Zoning
Commission, and I am grateful that these people
took the time and effort to seriously critique
my efforts and improve the work I'd done. I
think the effort will serve Boundary County
well." |
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