Written tutorial with links
Whether you are in favor of or against a development proposal, if you want to create persuasive comments, it’s important to know the legal criteria for getting land use projects approved.
Bonner County Code has legal requirements for land use processes such as zone changes, conditional use permits (CUPs), variances, and subdivisions. While this video is using the county code as an example, cities also have land use codes that dictate what’s required for developments to proceed. More information about researching land use projects is covered in the companion video “Research A Current Project in Bonner County” here.
For any current project, the staff report can be a good source of information not only about the project, but also about the standards for review that the county must follow to approve the project. In any staff report, that’s covered in the section Standards Review and Staff Analysis. (Starting at :50 in the video)
In the case of a conditional use permit, for example, the staff report will cite Subchapter BCRC 12-220 and 12-223 as outlining the standards for review.
To find those or any other standards for review, go to this link to read the county codes (starting at 1:53 in the video). Land use decisions are covered under Title 12. If you click the down arrow next to Title 12, you will find the chapters. Subchapters 12-220 and 12-223 are found under Chapter 2 (The 12- is for Title 12, and the first number after the dash will tell you the chapter, with subsequent numbers indicating the subchapter). Zone changes, amendments, and variances are also covered in Chapter 2. Each has its own standards for review.
For example, 12-223 outlines what the Zoning Commission, Hearing Examiner, or Bonner County Commissioners, will need to find in order to approve a conditional use permit, which is “… that the proposal is not in conflict with the policies of the comprehensive plan, as found in the adopted Implementation Component, and that the proposed use will neither create a hazard nor be dangerous to persons on or adjacent to the property.”
As you scroll through Chapter 2, you will find that Subchapter 12-226 lists a variety of types of conditions that could be imposed on a project to make it more compatible with the community, and meet the policies stipulated in the comprehensive plan.
While CUPs, zone changes, and subdivisions all have their own chapter in the code, other chapters can also be very relevant to determining whether a project is well-designed or appropriate for a particular area.
For instance, Chapter 4 (minute 3:46 in the video) has tables that outline development standards for different zoning districts and land uses. Subchapter 4.1, The Density and Development Standards, is important to review for zone changes and subdivisions.
In the case of a CUP, it’s important to check out Chapter 3 for Zoning Districts and Land Uses. Subchapter 3.3: Use Provisions spells out what types of uses are appropriate for different zoning districts.
For example, you can look up what uses are appropriate in a commercial project in the Commercial Use Table under 12-333. You can scroll down the table to see what’s allowed outright in a Zoning District — indicated by a P, for Permitted — or a use that is only permitted with conditions (through a conditional use permit), which is indicated by a C.
It’s worth checking the “Standards” footnotes referenced in the Row or Cells to see if there are any special considerations. In this case, there are two standards that apply to recreation facilities: (8) states that adequate water supplies for drinking and fire suppression, and appropriate sewage disposal systems must be provided and (17) discusses that there must be sufficient land for the use and the use, and any structures on the property, should be designed so as to minimize “any adverse effects” on adjacent properties, and not create any hazards to adjacent properties.
Chapter 4 (Development Standards), Chapter 6 (Subdivisions) and Chapter 7 (Environmental Standards) also outline what needs be addressed before development, or special uses, can be permitted.
To compare the proposal to the Bonner County Comprehensive Plan (minute 6:08 in the video), go to that page here, and click on the subheading for Implementation/ Goals and Objective and Policies. Scroll through the table of contents to find sections that may be relevant to the project you’re researching. Economic Development, Land Use, Natural Resources, Recreation, and Community Design all may be relevant — and depending on the details of the particular site, other sections may also be relevant. Note that in our example, the code specifically references policies, so citing a particular goal may not be sufficient to make your case.
Let’s look at Community Design, for example. The first policy speaks to the need to “preserve natural features and rural atmosphere of the community,” and “…design standards that account for waterfront setbacks, commercial and industrial landscaping, requirements for reduced lighting, cluster development, rural rather than urban setback standards, and other design objectives aimed at preserving the rural, natural character of the community.”
While at a minimum, things like conditional use permits cannot be issued if it would create a hazard, or be dangerous to people on or adjacent to the property, the language here also suggests that some conditions may be placed on the project to make sure it is in harmony with the surrounding community character.