Citizen Proposed Moratorium

ORDINANCE NO. __

            AN ORDINANCE IMPOSING A MORATORIUM ON AUTHORIZING THE DIVISION AND RESIDENTIAL DEVELOPMENT OF A1 ZONED ORIGINAL LOTS, TRACTS, OR PARCELS INTO MORE THAN FOUR PARTS FOR THE PURPOSE OF TRANSFER OF OWNERSHIP OR DEVELOPMENT, UNLESS IT IS AN APPROVED SUBDIVISION AND THE ISSUANCE OF BUILDING PERMITS RELATED TO SAID RESIDENTIAL DEVELOPMENTS WITHIN WASHINGTON COUNTY AND PROVIDING AN EFFECTIVE DATE.

            WHEREAS, the Commissioners of Washington County, State of Idaho find that there is an imminent peril to the public health, safety, or welfare of the community; and it is in the interest of the public welfare to impose a temporary moratorium on authorizing the division and residential development of A1-zoned original lots, tracts, or parcels into more than four parts for the purpose of transfer of ownership or development, unless it is an approved subdivision, and the issuance of building permits related to said residential developments.

            WHEREAS, the Commissioners of Washington County want to ensure compliance with all laws governing local land use planning, including, but not limited to Idaho Code Section 67-6501, et seq.

            WHEREAS, the Commissioners of Washington County in the Comprehensive Plan 2020 adopted on July 13, 2020, recognize “the management of historical and customary agricultural and range land uses is important to the citizens of Washington County who base a large portion of their economy on this use. Historically, the primary force of the Washington County economy has been derived from timber, agriculture and agriculturally related activities. Maintaining viable tracts of prime agricultural land, rangeland, and timberland is a goal;” and furthermore, “the county seeks to protect agricultural land.”

            WHEREAS, the Commissioners of Washington County have recently received multiple conflicting legal opinions, from different sources, concerning the subject of division and development of property commonly referred to as “original 1979 parcels”.

            NOW THEREFORE, be it ordained by the Commissioners of Washington County, Idaho;

            Section 1.        There is hereby imposed a moratorium on authorizing the division and residential development of A1-zoned land original lots, tracts, or parcels into more than four parts for the purpose of transfer of ownership or development, unless it is an approved subdivision, and the issuance of building permits related to said residential development, as authorized by Idaho Code Section 67-6523. No further applications for the division and residential development in A1-zoned original lots, tracts, or parcels into more than four parts for the purpose of transfer of ownership or development, unless it is an approved subdivision, and issuance of building permits related to said residential development shall be submitted to or accepted by the Administrator of the Planning and Zoning Department.  Notice of the hearing has been given, as deemed practical given the circumstances.

            Section 2.        The reason for the moratorium is to avoid unnecessary litigation by the County and to ensure future land use decisions are not based on the threat of potential litigation. The County has been required to take certain action due to the threat of litigation and would like to avoid the recurrence of making decisions based on such threatened conduct.        

            Section 3.        This moratorium shall be in effect until Washington County can enact effective legislation to ensure the division and residential development of A1-zoned original lots, tracts, or parcels into more than four parts for the purpose of transfer of ownership or development, unless it is an approved subdivision, and the issuance of building permits related to said residential development is done in compliance with Idaho law, the Washington County Comprehensive Plan 2020, the Washington County Code, and all other applicable provisions of law.

            Section 4.        Effective date.  This Ordinance shall be in full force and effect after its passage, approval, and publication as required by law.

            APPROVED by the Board of County Commissioners, Washington County, Idaho, this __ day of ________, 20__.

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