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Scenic Highway Overlay Cat Ex

  1. Please include Subdivision Lot and Block # or Township Range Section

  2. Is the applicant the owner of the property legally described above?

  3. Does the applicant own property adjacent to the area proposed for development?

  4. Attach the following documentation in sufficient detail to determine compliance to the design criteria and categorical exclusions set forth in §9-21A-3

    Site plan showing property lines, location of proposed berm, fence, or wall; -Grading plan for proposed berm drawn to scale which indicates the height of berm relative to elevation of the centerline of the adjacent highway, slope and shape of berm; -Fence or wall design; -Landscape plan showing planting location, size, type and quantity of proposed landscape materials;

  5. Attachment to Scenic Highway Overlay District Categorical Exclusion Request Form

    Section 9-21A-3 of the Zoning Ordinance states: General Exclusions: Unless the intent of the land owner or his/her authorized agent is to circumvent the purposes of the Scenic Highway Overlay District regulations, the requirements of this Chapter shall not apply to the following, provided the land owner or agent, before commencing construction of free-standing walls, earthen berms, fences and sight obscuring screens of trees, first obtains a written decision from the Administrator, in consultation with the County Engineer or his/her designated representative, that the construction falls within and meets one of the following categorical exclusions. The fact that construction does fall within a categorical exclusion does not remove such construction from the Scenic Highway Overlay District. 1. Agricultural fences on lands within the R-5, A-10 and A-20 districts which are customarily and directly related to agricultural purposes. 2. Berms, fencing and landscape improvements that are required as part of a valid conditional use permit, variance or subdivision approved prior to the effective date of this ordinance provided the improvements are consistent with the previously approved plan. 3. Free-standing walls, earthen berms, fences and sight obscuring screens of trees that meet the following design standards: a. Fences shall be of a post and pole design with a maximum top rail height of forty-two inches (42") and with the bottom rail at least sixteen inches (16") off of the ground as measured from natural grade. Fences shall not be located on any portion of a berm or within five feet (5') of the toe of any berm. The openings in fences shall not be blocked with wire fencing or in any other manner. Fences shall comply with the provisions of 9-29-8, Blaine County Code. On lots which have a residence within one hundred feet (100') of Highway 75, sight obscuring fences of wood construction no higher than five feet (5') as measured from natural grade may be constructed. On such lots, post and pole design fences may be blocked. Fences on such lots must also be set back at least five feet (5') distant from the toe of any berm. b. The toe of earthen berms shall be located no closer than five feet (5') from the property line nearest to the Highway 75 right-of-way within the Scenic Highway Overlay District. This setback is to be increased in accordance with paragraph A.2.c. of this Section where the natural grade is higher than the center line of Highway 75. c. Within the first twenty feet (20') of depth of the lot or parcel as measured from the property line nearest the Highway 75 right-of-way, the slope of earthen berms shall be no greater than 3:1 (run: rise) on the side facing Highway 75. On lots which have a residence within one hundred feet (100') of Highway 75, earthen berms may have a slope no greater than 2:1 (run: rise) within the first twenty feet of the depth of the lot or parcel. The peak of earthen berms and the top of free-standing walls shall not exceed the following maximum heights: SETBACK DISTANCE MAXIMUM HEIGHT From property line to 5 feet natural grade 5 feet to 20 feet 4 feet From 20 feet to 75 feet 5 feet Greater than 75 feet 6 feet The height measurements shall be taken from the center line of the highway at the point closest to the berm. The distance measurements shall be taken from the peak of the berm to the Highway 75 right-of-way at the point closest to the berm. Where the natural grade is higher than the center line of Highway 75, berms, free standing walls, and fences must be set back an additional three (3) feet for every one (1) foot in height the natural grade is higher than the center line of Highway 75, and this additional setback shall be added to the distance measurement for calculation of the maximum height designated. Land owners are encouraged to build berms that undulate in height and distance from the right-of-way in order to provide a less monotonous, more pleasing appearance. d. No additional structures, including fences, shall be placed on top of walls or above the toe of earthen berm structures to which the restrictions in this Chapter apply. e. Vegetation on earthen berms, other than trees and shrubs for which standards are provided in paragraph A.2.f. of this Section, shall be limited to native or native-compatible drought tolerant grasses, wild flowers and ground cover. Disturbed areas shall be landscaped or re-vegetated immediately after completion of the site alteration activities, but no later than the end of the first construction season during which the site alteration commences. Earthen structures shall be covered with a depth of topsoil adequate to sustain vegetation, and shall be planted with native or native-compatible drought tolerant grasses, wild flowers or ground cover in a weed free environment prior to the end of the fall season in the year in which construction of the earthen structure was commenced. The required topsoil is to be included in the height of the berm for the purpose of determining compliance with maximum height limitations. Earthen structures shall be maintained weed free in all phases of construction and after revegetation. Components of the revegetation plan shall include techniques that will be used to ensure the establishment of the proposed vegetation within a period of three (3) years. f. Trees and shrubs may only be planted within the lowest two vertical feet (2') of earthen berms. The limitations in this paragraph shall apply to all trees and shrubs planted within the District with the exception of naturally growing trees and shrubs along the banks of surface bodies of water. No more than thirty percent (30%) of the width of the lot measured parallel to Highway 75 shall be occupied by trees and shrubs, and no more than twenty-five percent (25%) of such trees and shrubs shall be conifers. In order to avoid shading and icing of Highway 75 when they have matured, clusters and screens of trees and shrubs shall be planted at least ten feet from the property line nearest to the Highway 75 right-of-way, and no conifers may be planted within the first fifty feet from the property line nearest to the Highway 75 right-of-way. g. Earthen structures shall be designed and constructed so that no more than natural runoff of water and sediment leaves the property of the applicant. h. Applicants are encouraged to consult with the Idaho Department of Transportation to determine what State standards may apply. Applicants must also comply with the safety standards in Section 9-29-8, Blaine County Code. 4. Modifications to any conforming or non-conforming existing berm, fencing, wall, or landscaping, within the Timberway to Big Wood Bridge Project Area, as designated on Exhibit A: Timberway to Big Wood Bridge-SHO, as of [date of ordinance], as consistent with an approved Timberway to Big Wood Bridge – Scenic Highway Overlay State-County Transportation Improvement Plan, which shall not, a) Exceed the elevation of the existing berm, fence, or wall, as identified on the Improvement Plan; or b) Add any retaining wall taller than 48 inches in height, as measured from base of footing to top of wall. Any existing berm, fence, or wall deemed conforming before [date of ordinance] shall not be required to obtain a SHO site alteration permit unless new modification or construction is proposed.

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