[Vision2020] Latah Land Use Proposed Ordinance

[Jeff Harkins]

Thanks to all the V2020 postings and the private notes to me.

With one glaring exception - and I don't think that poster actually owns 
any property in the county - the comments have been encouraging and 
supportive of a thorough review.  Now don't get me wrong, you don't have to 
be a property owner to "have a say" in this matter, but property owners are 
going to be the ones most impacted by the proposed ordinance and most 
likely can fully appreciate the challenge to their private property 
rights.  In raw numbers, many folks are reading the proposed ordinance and 
are acknowledging many difficulties.

What I intend to do is to chronicle my thoughts and observations about the 
proposed ordinance as well as those that have been posted to me 
privately.  I don't assert that my summary is "right" or "complete" but I 
am going to try to flush out the troublesome areas and trust that this will 
encourage discussion by the community.

So, this first posting will focus on the big picture - observations about 
the overall structure of the ordinance and what I perceive to be 
shortcomings.  Subsequent postings will follow in sequence in an attempt to 
shed some light and encourage discussion on each section of the ordinance.

Here are issues I note for the overall ordinance:

1. The proposed ordinance is intended to adopt "... regulations and 
standards in accordance with the Latah County Comprehensive Plan" [Section 
1.01].  For each regulation and standard proposed, it would be appropriate 
for the proposed ordinance to cite the specific areas of the Long Range 
Comprehensive Plan being addressed.  This would help to frame a relative 
context for each proposed regulation.  The county is rich with experienced 
and educated folks who, given the context, can make rational and informed 
contributions for evaluating and improving the ordinance.

I acquired a copy of the Comprehensive Long Range Plan last year.  A quick 
search of the current website did not turn up a copy of the Current 
Comprehensive Long Range Plan at the site.  This should be posted ASAP so 
that citizens will have a chance to review that document.

2. For each standard and regulation, the proposed ordinance should provide 
a clear and unambiguous statement as to the reason for the standard or 
regulation.  This would entail designation of the specific problems or 
issues of concern as well as an explanation as to how the standard or 
regulation would improve things.  This is absolutely essential in creating 
the foundation for assessment of the regulation and whether or not the 
regulation or standard is effective.

3. Given that the proposed ordinance has obvious budget elements, a full 
budget of proposed revenues and expected costs should be presented.  Noted 
costs include the cost of creating a separate Planning Commission and a 
separate Zoning Commission.  Further, the ordinance would establish a 
separate Planning Department complete with a Planning Director.  There is 
no mention of what would happen to the current Planning and Building 
Department.  Given the already crowded space difficulties, it would appear 
this would require additional space and hence costs.

The ordinance addresses the use of Conditional Use Permits and presumably a 
fee schedule for those permits, but no schedule of fees is 
presented.  Further, the fine structure is set at $300 per day for each day 
that a "violator" is out of compliance with a standard or regulation.  This 
seems a rather high fine and suggests that the county is anticipating 
substantial costs of enforcement.  A budget would help to address these 
items and provide Latah residents with a better overall perspective and 
impact of the proposed ordinance

Full accountability here is essential - and a budget is warranted.

4. Finally, the timing for public review should be extended.  This 
ordinance has far reaching consequences for many Latah citizens.  The 
Planning and Zoning Commission has been working on this document for, by 
their account, seven years.  It is simply unreasonable for the taxpayers of 
Latah County to have 1-2 weeks to digest the substance and impact on this 
ordinance.

So, the above comments are a summary of the global issues noted for the 
ordinance.  If you note others or have comments about the above, please 
post or write me privately.