This title is adopted pursuant to authority granted by Idaho Code title 67, chapter 65, and article 12, section 2 of the Idaho constitution, as amended or subsequently codified. This title applies to all unincorporated areas of Bonner County. (Ord. 501, 11-18-2008)

The zoning regulations and districts for the unincorporated areas of Bonner County, as herein established, have been made in accordance with a comprehensive plan and Idaho Code for the purpose of promoting the health, safety and general welfare of the people of Bonner County as follows:

   A.   To protect property rights while making accommodations for other necessary development such as varied types of affordable housing.

   B.   To ensure that adequate public facilities and services are provided to the people at reasonable cost.

   C.   To ensure that the economy of the state and localities is protected.

   D.   To ensure that the important environmental features of the state and localities are protected.

   E.   To encourage the protection of prime agricultural, forestry and mining lands for production of food, fiber and minerals.

   F.   To encourage urban and urban type development within incorporated cities.

   G.   To avoid undue concentration of population and overcrowding of land.

   H.   To ensure that the development on land is compatible with the physical characteristics of the land.

   I.   To protect life and property in areas subject to natural hazards and disasters.

   J.   To protect fish, wildlife and recreation resources.

   K.   To avoid undue water and air pollution.

   L.   To allow local school districts to participate in the community planning and development process so as to address public school needs and impacts on an ongoing basis. (Ord. 501, 11-18-2008)

   A.   In the interpretation and application of the provisions of this title, the requirements shall be held to be the minimum requirements.

   B.   When this title imposes a greater restriction upon the use of buildings or premises, or requires larger spaces than are imposed by other codes, laws, resolutions, rules and regulations, or covenants, the provisions of this title control.

   C.   The provisions of this title shall be interpreted to carry out the purpose and intent of the zone district as shown on the official zoning maps on file in the planning department office, this title as adopted, and the Bonner County comprehensive plan.

   D.   The use of the following words shall apply:

      1.   "Shall" and "must" are mandatory and not discretionary.

      2.   "May" is permissive.

      3.   "Should" refers to a guideline that is encouraged, but not mandatory. (Ord. 501, 11-18-2008)

Pursuant to the authority granted at Idaho Code title 31, chapter 8, the board of county commissioners has created a planning department to assist in the fulfillment of the duties prescribed by this title and Idaho Code. (Ord. 501, 11-18-2008)

The board of county commissioners shall designate a planning director, who shall be charged with administering the provisions of this title. (Ord. 501, 11-18-2008)

   A.   Establishment: The Bonner County Planning Commission is hereby established as provided for by Idaho Code section 67-6504. This commission shall be composed of seven (7) members assigned to positions A through G.

   B.   Organization: The Planning Commission shall elect a Chairman and Vice Chairman. This commission shall abide by the provisions of this title, the Local Land Use Planning Act, and shall also adopt bylaws as required.

   C.   Terms of Office: Positions A, B, and C shall first expire September 30, 2025, and then every three (3) years thereafter. Positions D and E shall expire September 30, 2024, and every three (3) years thereafter. Positions F and G shall expire September 30, 2023, and every three (3) years thereafter. Appointment to complete the term of a vacated position or appointment to a new term shall be done by motion and order of the Board of Bonner County Commissioners.

   D.   Jurisdiction: The Planning Commission shall be responsible for recommending amendments of the Bonner County Comprehensive Plan and land use ordinances to the Board of Bonner County Commissioners. The Planning Commission shall not consider amendments which are deemed to be quasi-judicial proceedings. (Ord. 501, 11-18-2008; amd. Ord. 655, 1-12-2022)

   A.   Establishment: The Bonner County Zoning Commission is hereby established as provided for by Idaho Code section 67-6504. This commission shall be composed of five (5) members assigned to positions A through E.

   B.   Organization: The Zoning Commission shall elect a Chairman and Vice Chairman. This commission shall abide by the provisions of this title, the Local Land Use Planning Act, and shall also adopt bylaws as required.

   C.   Terms of Office: Position A shall first expire September 30, 2023, and then every three (3) years thereafter. Positions B and C shall expire September 30, 2024, and every three (3) years thereafter. Positions D and E shall expire September 30, 2025, and every three (3) years thereafter. Appointment to complete the term of a vacated position or appointment to a new term shall be done by motion and order of the Board of Bonner County Commissioners.

   D.   Jurisdiction: The Zoning Commission shall be responsible for holding quasi-judicial hearings required by this title and Idaho Code for applicant initiated land use requests. When requested by staff, by a majority of the Zoning Commission members, or by the Board of Bonner County Commissioners, the Zoning Commission or Board of Bonner County Commissioners may appoint a hearings examiner in accordance with Idaho Code section 67-6520 upon approval by the Board of Bonner County Commissioners. (Ord. 501, 11-18-2008; amd. Ord. 655, 1-12-2022)

(Reserved by Ord. 655, 1-12-2022)

   A.   The Planning Commission and Zoning Commission shall adopt written rules consistent with this title and the laws of the State of Idaho for the transaction of business of the commission.

   B.   The Planning Commission and Zoning Commission shall maintain and make open to the public written records of meetings, hearings, resolutions, findings, studies, permits and actions.

   C.   The written records, transcripts, audio recordings, or other written, audio or video evidence received or compiled by the Planning Commission and Zoning Commission in the conduct of its meetings or hearings shall be automatically incorporated into the record of the Board for the Board's consideration of appeals or recommendations from the Planning Commission and Zoning Commission. (Ord. 501, 11-18-2008; amd. Ord. 661, 3-18-2022)

The position of hearing examiner is established in accordance with the provisions of Idaho Code section 67-6520. Hearing examiners shall meet the minimum qualifications set forth in Idaho Code section 67-6520 and shall be appointed by the Board by resolution. Hearing examiners shall serve at the discretion of a majority of the Board. Vacancies shall be filled in the same manner as original appointments. (Ord. 501, 11-18-2008)

   A.   For any application, the hearing examiner shall provide notice, conduct public meetings, consider applications and render written final decisions based on the standards and procedures provided in this title for the Board and Zoning Commission. The hearing examiner may recommend the Zoning Commission conduct a public hearing pursuant to the public hearing noticing requirements and procedures of chapter 2, subchapter 2.6 of this title, based upon the extent of public comment or other contested factors in the case which warrant a hearing before the Zoning Commission. The hearing examiner is authorized to consider the following:

      1.   Subdivisions;

      2.   Variances;

      3.   Conditional use permits, including planned unit developments and tier III home occupations;

      4.   Special use permits.

   B.   Applications authorized for consideration by a hearing examiner shall be considered by the Board or Zoning Commission as provided by this title, if the hearing examiner position is vacant. (Ord. 501, 11-18-2008; amd. Ord. 590, 6-12-2019; Ord. 661, 3-18-2022)

Any "affected person", as defined by Idaho Code title 67, chapter 65, may present an appeal of the final decision of the hearing examiner to the Board. The appeal is subject to the same procedures and standards as established in section 12-262 of this title for appeals from final decisions of the zoning commission. (Ord. 501, 11-18-2008; amd. Ord. 661, 3-18-2022)

The hearing examiner is subject to the same standards regarding conflict of interest as provided in Idaho Code title 67, chapter 65, for governing boards, commissions and employees. (Ord. 501, 11-18-2008)

   A.   The Planning Director, or designee, shall have the authority to enforce this title. The Planning Director shall not issue a permit unless the intended uses of the buildings and land conform in all respects with the provisions of this title. (Ord. 512, 1-6-2010)

   B.   The prosecuting attorney may take any criminal action considered necessary to enjoin a violation of this title. The prosecuting attorney may, with the consent of the board, bring a civil action considered necessary to enjoin a violation of this title. Civil remedies may be sought in addition to, or in lieu of, criminal penalties, including the recovery of any costs, civil fines or penalties imposed by this title and the filing with the recorder's office of a notice to title of a zoning violation that has remained unresolved for forty five (45) days or more after the first notice of violation was sent by certified mail by Bonner County to the landowner at the address shown on the county assessor's tax rolls. The notice of violation shall identify the zoning violation, location and the actions required to resolve the violation. After the violation has been resolved, the landowner shall pay a fee as set forth in the official fee schedule established by this title to process and record a lifting of the notice to title. (Ord. 524, 1-11-2012)

When a violation of this title occurs, or is alleged to have occurred, any person may file a written complaint. The complaint shall state fully the causes and basis for the complaint and shall be filed with the planning director. The planning director has the authority to investigate and take actions on the complaint as provided in this title. The planning director may also dismiss the complaint based upon a finding that there is insufficient evidence that a violation exists. (Ord. 512, 1-6-2010)

Penalties for failure to comply with, or violations of the provisions of this title shall be as follows: Violation of any of the provisions of this title or failure to comply with any of its requirements is a misdemeanor, punishable by imprisonment in a county jail not exceeding six (6) months, or by a fine not exceeding one thousand dollars ($1,000.00) or by both. Each day that a violation continues shall be considered a separate offense. The landowner, tenant, subdivider, builder or any other person who commits, participates in, assists in or maintains a violation, may be found guilty of a separate offense. Nothing contained in this title shall prevent the board or any other public official or private citizen from taking lawful action necessary to restrain or prevent a violation of this title or of Idaho Code. In addition to court actions, the county may impose and recover as penalties all reasonable costs incurred in the investigation, abatement and prosecution of the violation. (Ord. 524, 1-11-2012)

   A.   If the planning director finds any activity regulated by this title being performed in a manner contrary to the provisions of this title, the planning director or designee may issue a stop work order.

   B.   The stop work order shall be in writing and shall be posted on the premises where the activity is occurring or given to the owner of the property involved, or to the owner's agent, or to any person performing the work. Written notice shall also be provided by the planning department by certified mail to the landowner at the address shown on the county assessor's tax rolls. On issuance of a stop work order, the cited activity shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited activity will be permitted to resume.

   C.   Any person who continues to work or perform an activity after having been served with a stop work order, without express written authorization of the planning director, or designee, shall be subject to the penalties as prescribed by this title. (Ord. 501, 11-18-2008)