[Vision2020] Proposed Latah Land Use Ordinance - Definitions

[Jeff Harkins]

So along comes the next installment.

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.

Affected Persons - a person who may be adversely affected by the issuance 
or denial of a permit authorized under this ordinance.

Doesn't seem so awkward until you compare to the state standard.

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.

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.

Animal Husbandry - the branch of agriculture, commercial or non-commercial, 
concerned with the care, raising or breeding of animals such as cattle, 
hogs, sheep, and horses, 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.

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:
    * Why the special exclusion?
    * What is to be gained or solved as a result of this exclusion?
    * What is the problem being resolved?
    * Why have llamas and alpacas not been excluded?
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.

Animal Unit - the equivalent of one cow/calf pair

The state definition is far more precise ...

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);

This suggests a significant variance between the state standard and the 
County standard.  This would no doubt lead to legal difficulties in 
enforcement.

School - a place for learned intercourse and instruction; an institution 
for learning; an educational establishment; a place for acquiring knowledge 
and mental training.

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.

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.
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