SAVE OUR SACHEEN

PROPOSED CHANGES TO 4/09/07 DRAFT

PEND OREILLE COUNTY DEVELOPMENT REGULATIONS

DATE: 6/08/07

 

CHAPTER XX.10                             DEFINITIONS 

SECTION XX.10.020           DEFINITIONS

SUBSECTION B

 

B.  The following definitions shall apply to this title:

 

4B       Boat Berth: A boat berth is a space on a dock or pier not less than 25 feet to provide parking of a single boat.

 

11B     Keyholing: The practice of providing access through a water access lot water body for many users or lots located elsewhere.

 

19B     Marina: Any dock or pier that contains 9 boat berths or more is

considered a Marina.

 

35.             AWater Access Lot@: A water front lot upon a lake which is used to provide access to the lake for to limited specific group of people rather than the general public.

 

 

Comments: These additional definitions pertain to the following proposed changes including limitations on the practice of keyholing through water access lots and limitations upon docks and larger docks such as marinas which would overcrowd the surface waters  of Pend Oreille County.

 

 

 

CHAPTER XX.26                             ZONING CONTROLS

SECTION XX.26.050           DEVELOPMENT STANDARDS

SUBSECTION D                               WATER ACCESS

 

Water Access.  All applications for development activities fronting, near, or proposing to access a river, lake, stream, or other body of water shall include, subject to County review and approval, a Water Access Management Plan.  The Water Access Management Plan and the associated development application may be denied if the new proposed water related uses put an unacceptable burden on already existing water uses including surface and underground water (quality) and boating.  This plan shall be process in accordance with the procedures for any associated permits, and shall include, but is not limited to:

 

Comment: The current development regulation needs some teeth.  The County should specifically state that the Water Access Management Plan and the associated development application can be denied.  The grounds for denial of approval of the Plan should also be stated.  If over use of a water resource is permitted, then the valuable water resource will be lost for the current uses of the water resources and the water resource will be lost for all.  If the boating traffic on the lakes and rivers of Pend O=reille County become like boat traffic on Coeur d=Alene Lake or Bayview on Pend O=reille Lake, then boating will not become a lesser and lesser desired use.      

 

 

 

CHAPTER XX.26                             ZONING CONTROLS

SECTION XX.26.060           RURAL OVERLAY

SUBSECTION A

SUBSUBSECTION                                                  3          SACHEEN LAKE    

 

xx.26.060      Rural Overlay Zone

 

A.  The purpose of this zone is to identify rural areas that may be suitable for more intensive development and to establish standards to promote compatible land used.  Upon the completion of sub-area plans, the following areas may be designated as Limited Areas of More Intensive Rural Development, Rural Activity Centers, or similar zones:

 

3.  Sacheen Lake (more intensive residential densities only);

 

Comment: The Sacheen Lake Area is already overdeveloped and cannot support more residences on its shoreline.  Limited Areas of More Intensive Rural Development allow for infill of the LAMIRD area which would only increase the overcrowding that already exists.  Infill is not needed or desired at Sacheen Lake and would in fact be harmful to its environment by adding more people than the lake can support. 

 

 

CHAPTER XX.26                             ZONING CONTROLS

SECTION XX.26.080           PROHIBITED USES

SUBSECTION A                               WATER ACCESS LOTS

 

xx.26.080                                                                               The following uses shall be prohibited:      

 

A.  Water Access Lots.  All other uses other than water access. 

 

 

Comment: If a lot is designated as a water access lot, that use should not be mixed with other residential uses or other uses.  Such other uses would be incompatible with the water access use. 

 

 

 

 

 

CHAPTER XX.34                             SHORELINE REGULATIONS

SECTION XX.34.110           MARINAS

SECTION E                                                   LAKES SMALLER THAN 350 ACRES

 

 

E.                 Lakes Smaller than 350 acres in size

 

Marinas are not allowed on lakes smaller than 350 acres in size.

(See definition of Marinas)

 

Comment: If a marina which is defined as a dock with 10 or more boat berths is allowed on small lakes, then the small lake cannot absorb the increased boat usage of its surface waters without harmful effect to the current users.  The current users could or would be forced off the lake.  (Sacheen Lake is less than 350 acres.)

 

 

 

CHAPTER XX.34                             SHORELINE REGULATIONS

SECTION XX.34.230           PIERS AND DOCKS

SUBSECTION A                               GENERAL REGULATIONS

 

A.  General Regulations

 

6.  At this time the establishment of regulations for the location, spacing, and length of piers and docks is not recommended, however The USACOE has limitations for docks on the Pend Oreille River.  New docks on lakes shall be limited in length and number as follows:

 

A.     Docks on lakes of 350 acres or less: 50 feet

B.     Docks on lakes of 351 acres to 700 acres: 75 feet

C.  Docks on lakes over 700 acres:  100 feet.

 

The number of docks for each lot and each water access lot is limited to one dock.

 

Comment: If the length of docks are not limited, then the owners of the adjacent land tend to extend the length of docks leading to decreased area in the lakes for other boat users.  Limitations on length are reasonable and for a valid purpose. 

 

 

 

 

CHAPTER XX.34                             SHORELINE REGULATIONS

SECTION XX.34.250           WATER ACCESS LOTS

A.  Water Access Lots shall be reviewed for lakes by evaluating the

capacity to absorb new additional water dependant activities.  Such

water recreational proposals will be reviewed in terms of whether

other public access is available, percentage of shoreline development

and impacts to the environment including erosion.

 

1.  Lakes 350 acres in size or less

 

     Water Access Lots will be permitted only if the lake shoreline

     development does not exceed 80%, erosion is addressed, and

     the number of access lots are restricted to 1 to 4 secondary lots

     with a density of 1 dwelling per lot.

 

2.  Lakes 351 acres to 700 acres in size

 

Water Access Lots will be permitted only if the lake shoreline

development does not exceed 90%, erosion is addressed and

the number of access lots would not exceed 25 secondary lots

(not 3rd tier lots) with a density of one dwelling per lot.

 

3.      Lakes over 700 acres in size

 

Water Access Lots will be permitted only if the lake shoreline

development does not exceed 90%, provided other access

opportunities exist, erosion is addressed, and the number of

access lots would not exceed 50 lots either secondary or third

tier are permitted.

 

Comment: Water access lots should not be approved if they would lead to overcrowding and damage to the lake environment.

 

 

 

 

 

CHAPTER XX.48                             RECREATIONAL VEHICLE PARK REGULATIONS

SECTION XX.48.070           LIMITATION OF RV SITES

 

1.  The number of RV sites shall be limited to the size of the lake as follows:

 

A.  Lake 350 acres or less:  maximum of 20.

 

B.  Lake 351 to 700 acres;   maximum of 40.

 

C.  Lakes 700 acres in size:  maximum of 50