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So along comes the next installment. <br><br>
Section 2 deals with definitions - here we go. There are some 128
of them. I will point your attention to some of the more
interesting ones.<br><br>
<b>Affected Persons</b> - a person who may be adversely affected by the
issuance or denial of a permit authorized under this ordinance.<br><br>
Doesn't seem so awkward until you compare to the state standard.<br><br>
<pre>TITLE 67
STATE GOVERNMENT AND STATE AFFAIRS
CHAPTER 65
LOCAL LAND USE PLANNING
67-6521. ACTIONS BY AFFECTED PERSONS.
(1) (a) As used herein, an affected person shall
mean one having an
interest in real property which may be adversely
affected by the issuance or denial of a permit authorizing the
development.
TITLE 67
STATE GOVERNMENT AND STATE AFFAIRS
CHAPTER 65
LOCAL LAND USE PLANNING
67-6534. ADOPTION OF HEARING PROCEDURES. The governing board shall,
by
ordinance or resolution, adopt procedures for the conduct of public
hearings.
At a minimum such hearing procedures shall provide an opportunity for all
affected persons to present and rebut evidence.
</i></pre>It would appear that there would be reasons for the Planning
Commission to restrict the definition to that of the State definition,
but it certainly is an issue to be considered by Latah residents and
elected officials. Who exactly should be allowed to appear before
the Planning, Zoning and County Commissioners as an affected party.
The proposed standard would appear to allow anyone from
anywhere.<br><br>
<b>Animal Husbandry</b> - the branch of agriculture, commercial or
non-commercial, concerned with the care, raising or breeding of animals
such as cattle, hogs, sheep, and horses, <font color="#FF0000">subject to
Section 3.01.01.2 of this ordinance; for the purposes of this ordinance,
horse and dog activities and facilities as listed in Sections 3.01.02.4
and 3.01.02.5, and feedlots, dairies or other similar uses listed as
conditionally permitted in Article 3 of this ordinance are not considered
animal husbandry.<br><br>
</font>This definition has created quite a stir. The exclusion of
horses and dogs from the traditional definition of "animal
husbandry" is singling out horses and dogs for special
ordinance. Issues that have been raised include:
<ul>
<li>Why the special exclusion?
<li>What is to be gained or solved as a result of this exclusion?
<li>What is the problem being resolved?
<li>Why have llamas and alpacas not been excluded?
</ul>When you read the ordinance provisions cited in the definition, you
begin to get a sense of the problem from the perspective of the
agricultural/forest zone residents.<br><br>
<b>Animal Unit </b>- the equivalent of one cow/calf pair<br><br>
The state definition is far more precise ...<br><br>
<pre>TITLE 67
STATE GOVERNMENT AND STATE AFFAIRS
CHAPTER 65
LOCAL LAND USE PLANNING
67-6529C. DEFINITIONS. As used in this act, the
following definitions
shall apply:
(1) "Animal unit" means a unit of
measurement for any animal feeding
operation calculated by adding the following numbers: The number of
slaughter
and feeder cattle multiplied by one (1), plus the number of young
slaughter or
feeder cattle less than twelve (12) months of age multiplied by
six-tenths
(0.6), plus the number of mature dairy cattle multiplied by one and
four-tenths (1.4), plus the number of young dairy cattle multiplied by
six-tenths (0.6), plus the number of swine weighing over twenty-five
(25)
kilograms, approximately fifty-five (55) pounds, multiplied by
four-tenths
(0.4), plus the number of weaned swine weighing under twenty-five (25)
kilograms multiplied by one-tenth (0.1), plus the number of sheep
multiplied
by one-tenth (0.1), plus the number of horses multiplied by two (2), plus
the
number of chickens multiplied by one-hundredth (0.01);
</pre>This suggests a significant variance between the state standard and
the County standard. This would no doubt lead to legal difficulties
in enforcement.<br><br>
<b>School </b>- a place for learned intercourse and instruction; an
institution for learning; an educational establishment; a place for
acquiring knowledge and mental training.<br><br>
This seems a pertinent definition to ponder, given all the current
discussion on New St Andrews College and charter schools. I wonder
if the definition ought to require that some evidence of accreditation or
acknowledgement of recognition as a school ought to be required.
Certainly warrants some thought.<br><br>
In the interest of time, I leave the rest of the definitions list for the
rest of you to ponder. The devils in the definitions lie, of
course, in the application of the definition to an ordinance. These
generally don't become relevant until it is your interest that is
challenged. My advise - if you conduct an activity that is
addressed by the omnibus ordinance, read the definitions carefully and
raise concerns quickly.</body>
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