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Public Draft of the Teton County Land Development Code

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Public Draft of the Teton County Land Development Code TETON COUNTY LAND DEVELOPMENT CODE APRIL 2021 PUBLIC DRAFT FOR PUBLIC REVIEW Title Page and Table of Contents TC-0 April 2021 Public Draft Chapter 1 – Legal Provisions 1-1 April 2021 Public Draft TETON COUNTY LAND DEVELOPMENT CODE Table of Contents CHAPTER 1 ADMINISTRATION..................................................................................................................... 3 1-1 Legal Provisions ........................................................................................................................... 3 CHAPTER 2 ZONE DISTRICTS ..................................................................................................................... 16 2-1 Zoning District Descriptions ...................................................................................................... 16 CHAPTER 3 USE PROVISIONS .................................................................................................................... 21 3-1 Classification of Uses ................................................................................................................. 21 3-2 Use Table .................................................................................................................................. 22 3-3 Residential Uses ........................................................................................................................ 26 3-4 Agricultural Uses ....................................................................................................................... 29 3-5 Public and Infrastructure Uses .................................................................................................. 32 3-6 Commercial Uses....................................................................................................................... 36 3-7 Industrial uses ........................................................................................................................... 42 3-8 Recreational Uses ...................................................................................................................... 53 3-9 Temporary Uses ........................................................................................................................ 58 CHAPTER 4 APPLICATION PROCEDURES ................................................................................................... 61 4-1 Application Procedures ............................................................................................................. 61 CHAPTER 5 GENERAL DEVELOPMENT STANDARDS .................................................................................. 99 5-1 General...................................................................................................................................... 99 5-2 Grading and Drainage ............................................................................................................. 101 5-3 Vegetation Management ........................................................................................................ 106 5-4 Natural Resource Protection ................................................................................................... 107 5-5 Scenic Corridor Protection ...................................................................................................... 112 5-6 Driveways, Parking, and Access............................................................................................... 114 5-7 Buffers, Screening and Fencing ............................................................................................... 121 5-8 Outdoor Lighting ..................................................................................................................... 126 5-9 Signage ................................................................................................................................... 127 CHAPTER 6 SUBDIVISION DEVELOPMENT STANDARDS .......................................................................... 137 6-1 General Provisions .................................................................................................................. 137 6-2 Road Layout and Access .......................................................................................................... 138 6-3 Road Design Standards ........................................................................................................... 139 6-4 Utilities .................................................................................................................................... 148 6-5 Conservation Areas ................................................................................................................. 149 6-6 Nutrient Pathogen Evaluation ................................................................................................. 151 CHAPTER 7 DEFINITIONS ......................................................................................................................... 154 Chapter 1 – Legal Provisions 1-2 April 2021 Public Draft CHAPTER 1 ADMINISTRATION 1-1 Legal Provisions 1-1-1 Legal Provisions A. Title a. This document is the “Land Development Code for Teton County, Idaho” and is referred to in this document as such or the LDC. B. Purpose and Intent The Land Development Code guides future residential and nonresidential development in unincorporated Teton County, in accordance with the County’s adopted Comprehensive Plan and its existing and future needs, in order to protect, promote, and improve the public health, safety, and general welfare. The Land Development Code is enacted to exercise the full range of authority available under Idaho law, including the purposes stated in the Local Land Use and Planning Act. C. Applicability 1. Territorial Application This Land Development Code applies to all land, uses, Buildings, and Structures within unincorporated Teton County, Idaho, except in Areas of City Impact where the County and a municipality have agreed to apply other ordinances. When land is added within the jurisdiction of the County, through de-annexation or sale of public lands, the County will follow LDC procedures to apply a zoning designation to those lands. 2. General Application LDC requirements are the minimum necessary to meet the purpose and intent of the Land Development Code and Local Land Use and Planning Act per Idaho Code Section 67-65. 3. Required Conformance a. All Buildings, Structures, or land, in whole or in part, must be used, occupied, constructed, or built in conformance with the LDC. No Building or Structure shall be built, altered, or used unless it is located on a Lot of Record or otherwise complies with nonconformity provisions in section 1-1-8 of this chapter. b. Unless otherwise provided by law, the state of Idaho, and its agencies, boards, departments, institutions, and local special purpose districts, must comply with the LDC. c. The LDC does not apply to transportation systems of statewide importance, as determined by the state transportation board, though the board must consult with the County on Site Plans and design or transportation systems within the unincorporated areas. d. Development by public utilities shall be subject to Idaho Code Section 67-6528. e. This Land Development Code does not nullify any private agreement or Covenant and each shall apply as provided by law and the terms of the private agreement. Teton County will not enforce any private agreement or Covenant. 4. Control Over Less Restrictive Laws and Regulations If any condition or requirement imposed by the LDC is more restrictive than a condition or requirement imposed by any other law, rule, or regulation, the more restrictive condition or requirement governs, unless preempted or otherwise prohibited by law. Chapter 1 – Legal Provisions 1-3 April 2021 Public Draft 5. Conflict If any condition or requirement imposed by the LDC contains an actual, implied, or apparent conflict, the more restrictive condition or requirement controls. 6. References to Other Laws Whenever a provision of the LDC refers to any other part of the Teton County Code or to any other law, the reference applies to any subsequent amendment of that law, if applicable. 7. Text and Graphics Illustrations, photographs, and graphics are included in the LDC to illustrate the intent and requirement of the text. In the case of a conflict between the text and any illustration or graphic, the text controls. D. Severability If any section, paragraph, clause, sentence, or provision of the LDC is adjudged by any court of competent jurisdiction to be invalid, that judgment does not affect, impair, invalidate, or nullify the remainder of the LDC. The effect of the judgment is confined to the section, paragraph, clause, sentence, or provision immediately involved in the controversy in which a judgment was rendered. E. Effective Date This Land Development Code became effective on <insert effective date of the LDC>. 1-1-2 Zoning Districts Established A. Generally In order to implement this Land Development Code, Teton County is divided into the following Zoning Districts as established in Chapter 3 and as shown on the Official Zoning Map. B. Zone Districts 1. IR: Industrial/Research 2. TN: Town Neighborhood 3. RN-5: Rural Neighborhood 4. FH-10: Foothills 5. RR-20: Rural Residential 6. RA-35: Rural Agriculture 7. LA-35: Lowland Agriculture 1-1-3 Official Zoning Map A. Zoning Maps Established 1. The Teton County Official Zoning Map includes the boundaries of all County Zoning Districts,
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