Can the new county code be adopted by the voters of Teton County, Idaho? 

Zoning ordinances are not able to be adopted by initiative. I.C. §34-1801B(22) states that the broadly constructed individual right to petition via initiative and referendum simply, "does not apply to any local zoning legislation including, but not limited to, ordinances required or authorized pursuant to chapter 65, title 67. This was established in 2018 with the passage of House Bill No. 568 which amended the states initiative and referendum procedures to prohibit voter approval of local zoning legislation or any actions authorized by LLUPA. This includes comprehensive plans, zoning ordinances, subdivision ordinances, variances, and conditional use permits. 

“When will the new Code take effect?” 

The new Teton County Land Development Code will take effect when adopted by the Board of County  Commissioners. This is expected to occur in 2022 after the final public hearing and review. 

“Does this Code change development standards for the entire valley?” 

It does not.  

Teton County contains seven different land planning jurisdictions—the three cities of Victor, Driggs and  Tetonia, the three doughnut-shaped areas of impact (AOI’s) that surround each city, and the  unincorporated county beyond the AOI’s. The new Teton County Land Development Code will only govern  development in the seventh jurisdiction—the unincorporated rural parts of the county outside of the  cities’ areas of impact.  

The cities of Driggs, Tetonia and Victor will remain as high-density areas of development under their  respective individual development ordinances. The three areas of impact surrounding each city will  remain under the control of individual AOI agreements negotiated between each city and the county.  They are intended to contain transitional zoning with densities that are lower than the cities but higher  than the rural county. 

“Will the Code make existing landowners comply with new standards?” Existing buildings and development will not be affected by the new draft Code. They will be allowed to  continue as “nonconforming uses.” Existing lots that don’t comply with new density assignments will be  allowed to be developed per their original entitlements. The new LDC only regulates new land division  proposals and establishes minimal regulation of short-term rentals. 

Nonconforming structures: If structures become non-conforming, it only means they are not up to code.  Most old structures of any age fall into this category each year, as the International Building Code gets  updated every three years or a land development code gets changed over time. 

Teton County Land Development Code Update | Executive Summary of Changes 4 

With any new Land Development Code that gets adopted, it applies only to new construction projects and  new developments. What is already built, subdivided and existing now is not affected by new density  requirements, fencing requirements, height limits or view corridor requirements. No one will ever be  asked to tear down or replace existing structures by a governing body. 

“I heard the Scenic View Corridor set back was 1000 feet!” 

Regarding scenic view corridors, the set back is not 1000 feet along the highway. The initial sentence in  the draft pertains to the definition of a view. The draft ordinance originates from state law.  

The LDC draft has two types of scenic corridor protections: type 1 and type 2. Both have design review  provisions for development that occurs within 500 feet. There are options for new applicants within that  500’ distance for graduated increases in height limits as the home location steps back from the right of  way.  

“How will the new Code affect my home business?” 

Small home businesses in residential zones have become less restricted in the draft LDC. What was a four page section of restrictions in the old code, is now just one page. A business sign is now allowed with a  permit for starters.  

The restrictions, for example, on deliveries of ten per day, sets a limit of what neighbors could be impacted  by from small businesses in their residential zone. The use standards for home business are listed in 3-9- 6 of the proposed LDC.  

Any home business with traffic and high levels of activity in one form or another that has outgrown a  home business may be classed as light home industrial. If at any point the home business or home industry  exceeds the standards for a residential zone, it needs to relocate to a commercially zoned parcel. 

“How will the new Code affect my short-term rental?” 

Because of the rapid unregulated spread of short-term rentals throughout the county, and since Idaho  Statute allows for a county or city to implement “reasonable regulations….to safeguard the public health,  safety and general welfare,” the new Teton County code does establish standards for parking, limits the  ensures that the allowed numbers of occupants are appropriate for the septic size, establishes quiet  hours, and sets other basic civil standards. The new draft Code additionally establishes requirements for  trash storage, smoke detectors, etc. 

Short-term rentals will be required to obtain a Short-Term Rental Registration (Permit) with the Planning  Department to verify that use standards have been met prior to the use being approved. A building  inspection may be performed prior to permit issuance. A permit will identify the owner of the property  and their contact information. Property management contact information, if applicable, will also be listed.  

The permit requires notification of the neighbors in each direction that may be impacted by the new rental  activity. Having proof of emails or letters that notify neighbors 30 days prior to the start of rental activity  is the new requirement in the LDC. 

Property owners and managers that follow these guidelines will reduce the number of problems for  neighborhoods throughout the valley.

Teton County Land Development Code Update | Executive Summary of Changes 5 

“Why change the zoning districts?” 

Teton County’s existing Zoning Map identifies basically two zone densities in the unincorporated parts of  the valley—A-20 and A/R-2.5. These zones were established in the early 1990’s, were largely self-assigned  by property owners, were not based on a comprehensive plan, and only vaguely reflect the valley’s actual  land use patterns and landforms. In contrast, the Comprehensive Plan’s Framework Map identifies six  zones which have been delineated according to actual topography and existing settlement patterns. These  include Rural Agriculture, Rural Neighborhood, Foothills, Mixed Ag/Rural Neighborhood, Mixed  Ag/Wetland, and Industrial/Research. 

“Why change density assignments?” 

The Comprehensive Plan calls for changes in how lands may be divided in each zone, including revised  densities. In response, the Steering Committee, the Planning and Zoning Commissioners, and the Board  of County Commissioners have worked out a new set of densities to better reflect the needs of the Coutny  and the Comprehensive Plan: Rural Agriculture- 35-acre, Mixed Ag/Wetland-35-acre, Mixed Ag/Rural  Neighborhood-20 acre, Foothills-10-acre, Foothills- 20-acre, Rural Neighborhood-7.5 acre, and  Industrial/Research.  

Update: In subsequent editing by the P&Z Commission, Rural Agriculture zoning was revised to 35-acre zoning and Mixed Ag/Rural Neighborhood was revised to 7.5-acre zoning. 

The current valley-wide basic densities of 2.5 acres and 20 acres offer little choice and are relatively small  in size for a rural community. 20-acre zoning is simply too small for most agricultural purposes and does  little to protect meaningful open space. Other comparable mountain communities around the Rockies  offer both a wider range of assigned densities, and far lower density limits (with corresponding higher  acreage numbers). 

“Why switch to average density zoning?” 

For the most part, the LDC Steering Committee proposed to get rid of minimum lot size requirements in  favor of using average density as the guiding principle in how many lots can be created in a subdivision (a  1-acre minimum lot size is planned to remain in all zones to accommodate fundamental well-septic  separation requirements). By definition, this would allow clustering by right. This change represents a  major shift in land development policy for the county. It is absolutely intended to help families get the  additional lots they desire and keep quality farmland and families together. It is a win for everyone. 

Average density zoning provides greater flexibility for property owners and developers, while allowing the  community to reach many of its most important goals from the Comp Plan. An enormous advantage of  average density zoning is that rather than having all the land in the parcel incorporated into lots, any land  leftover could either be put into a conservation easement, deeded to a homeowners’ association, left as  a working farm or otherwise utilized in a similar manner. 

“Can I split off a small piece of land to give/sell to one of my family members? How?” Two methods are available to larger landowners to achieve this goal. The first is to simply utilize the  average density zoning method just described in the previous answer. The second is to utilize a short plat land division to divide acreage into up to four parcels.

Teton County Land Development Code Update | Executive Summary of Changes 6 

“How does the new Code help protect wildlife and natural resources as highlighted in the  Comp Plan?” 

All development proposed within wildlife habitat as identified on the Teton County Natural Resource  Overlay Map will be subject to Site Plan review to ensure that the location of proposed development or  use avoids or mitigates impacts to indicator species and indicator habitats to the extent practical. The  location of proposed development will reduce fragmentation of habitat, avoid locations that affect  landscape elements such as unique rock formations, sheltered draws, drainage ways, or other features,  maintain connectivity among habitats, and protect sensitive fish and wildlife breeding areas and winter  ranges. 

If impacts cannot be avoided, the lost habitat will be required to be mitigated by replacing it with similar  vegetation communities at a one to one (1:1) ratio. The replacement ratio must be higher within a half  mile of riparian areas and equal a two-to-one (2:1) ratio. Perimeter fencing will need to be wildlife  friendly—this requirement does not apply to privacy fencing used to enclose the living space immediately  adjacent to a Dwelling Unit. 

If a subdivision proposal falls within the natural resource overlays, the Administrator, Planning  Commissioners or BoCC may ask for a more detailed Natural Resource Analysis.  

“How is the Code different from the Comprehensive Plan?” 

Both a Comprehensive Plan and a Land Development Code are required by state statutes contained in  Idaho’s Local Land Use Planning Act. The Comprehensive Plan is a conceptual document outlining the  community’s vision and goals. In Teton County’s case, our Comprehensive Plan was adopted by a BoCC  resolution in 2012. The Code is then supposed to be built from the Comprehensive Plan’s outline into a  working set of ordinances.