Because of glitch, county zoning ordinance put off for a week
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."