The purposes of this chapter are to:

   A.   Establish districts compatible with the goals, objectives and policies of the comprehensive plan, wherein compatible uses of land may be located and grouped to create, protect or maintain a quality environment for the citizens of Bonner County.

   B.   Acknowledge the values of agricultural and timber lands.

   C.   Protect water quality and wildlife resources.

   D.   Provides areas for economic growth.

   E.   Encourage affordable housing.

   F.   Focus growth in areas where adequate public and private services can be provided.

   G.   To limit development in potentially hazardous areas.

   H.   To protect and stabilize land values.

   I.   To retain the rural character of Bonner County. (Ord. 501, 11-18-2008)

   A.   The official zoning district map shall be made available in an electronic format for the public to view. The official map shall be updated on a continuous basis as zone changes are approved by the board and upon publication. The official, electronic zone map shall be made available for public review during the Bonner County Planning Department’s normal business hours. Changes to the official zone map shall be listed in an electronic format on the official zoning map. One or more physical reproductions of the official zoning map shall be located in office of the Bonner County Planning Department. Any reproductions of the official zoning map shall be true and correct reproductions of the official zoning map to the greatest extent possible (with the exception of signatures), but any such reproductions shall not be considered official. (Ord. 501, 11-18-2008; amd. Ord. 680, 10-12-2022)

   A.   Official Zoning District Map: The county is divided into zones or districts, as shown on the official zoning district map, which, with all explanatory matter thereon, is adopted by reference and declared to be a part of this title. The official zoning map shall be identified by the signature of the chairperson of the board, attested by the county clerk:

      This is to certify that this is the official zoning district map referred to in section 12-311 of the Bonner County Revised Code, of Bonner County, Idaho.

   B.   Amendments: If, in accordance with the provisions of this title, changes are made in district or zone boundaries, or other matter portrayed on the official zoning district map, changes shall be entered on the official zoning district map promptly after the amendment has been approved by the board, with the entry on the official zoning district map specifying the file number, ordinance number, and effective date. Amendments to the zoning map are to become effective immediately upon publication.

   C.   Conformance with Procedures: No changes of any nature shall be made in the official zoning district map or matter shown thereon except in conformity with the procedures set forth in this title. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this title and punishable under sections 12-132 and 12-133 of this title. (Ord. 501, 11-18-2008; amd. Ord. 680, 10-12-2022)

   A.   If the official zoning district map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the board may by resolution adopt a new official zoning district map which shall supersede the prior official zoning district map. The new official zoning district map may correct drafting or other errors or omissions in the prior official zoning district map, but no correction shall have the effect of amending the original official zoning district map or any subsequent amendment thereof. The new official zoning district map shall be identified by the signature of chairperson of the board, and shall state:

   B.   Unless the prior official zoning district map has been lost or totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment. (Ord. 501, 11-18-2008; amd. Ord. 680, 10-12-2022)

   A.   The regulations set by this title within each district or zone shall be minimum regulations and shall apply uniformly to each class or kind of structure or land use.

   B.   No building, structure or land shall hereafter be used or occupied, and no building or structure, or part thereof, shall be erected, subject to provisions of subchapter 3.4 of this chapter, constructed, reconstructed, moved or structurally altered, except in conformity with all of the regulations specified for the district or zone in which it is located. (Ord. 501, 11-18-2008)

Where uncertainty exists as to the boundaries of zones or districts as shown on the official zoning district map, the following rules shall apply:

   A.   Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow the centerlines.

   B.   Boundaries indicated as approximately following platted lot lines shall be construed as following those lines.

   C.   Boundaries indicated as approximately following city limits shall be construed as following city limits.

   D.   Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

   E.   Boundaries indicated as following shorelines shall be construed to follow those shorelines and legally established meander lines. In the event of change in the shoreline, boundaries shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow those centerlines.

   F.   Boundaries indicated as parallel to, or extensions of features indicated in subsections A through E of this section shall be so construed. Distances not specifically indicated on the official zoning district map shall be determined by the scale of the map.

   G.   Boundaries indicated as following section or township lines shall be construed as following those section or township lines.

   H.   Where physical or cultural features existing on the ground are at variance with those shown on the official zoning district map, or in other circumstances not covered by subsections A through G of this section, the board shall interpret the district or zone boundaries.

   I.   Where a district or zone boundary line divides a lot which was in single ownership at the time of passage of this section, the board may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed fifty feet (50') beyond the district or zone line into the remaining portion of the lot. (Ord. 501, 11-18-2008)

The purpose statements for each zone and map designation set forth in the following sections shall be used to guide the application of the zones and designations to all lands in unincorporated Bonner County. The purpose statements also shall guide interpretation and application of land use regulations within the zones and designations, and any changes to the range of permitted uses within each zone through amendments to this title. (Ord. 501, 11-18-2008)

In accordance with the provisions of Idaho Code and the objectives set forth in this code, all land in the unincorporated areas of Bonner County is hereby classified according to the following zoning designations and zoning map symbols, which shall be applied as shown on the official zoning district map:

   TABLE 3-1

   ZONING DISTRICTS AND MAP DESIGNATIONS

 

(Ord. 501, 11-18-2008)

   A.   The forestry district is established to preserve the forest land base; to conserve and protect the long term productivity of forest lands; and to restrict uses unrelated to or incompatible with forestry. These purposes are accomplished by:

      1.   Applying the F zone to large contiguous areas where a combination of site, soil and climatic characteristics make it possible to sustain timber growth and harvests over time.

      2.   Limiting residential, recreational, commercial and industrial uses to those uses that are compatible with forestry, to minimize the potential hazards of damage from fire, pollution and land use conflicts.

      3.   Providing for compatible outdoor recreation uses and for conservation and protection of municipal watersheds and fish and wildlife habitats.

   B.   Use of this zone is appropriate in areas designated as remote ag/forest land in the comprehensive plan. The remote agricultural/forest land is located on mountaintops and remote areas of the county where few or no access roads have been constructed. Included in these areas are most of the state and federal lands, which are managed for forest production or recreation. (Ord. 501, 11-18-2008)

   A.   The agricultural/forestry district is established to provide for agricultural and forestry pursuits, including livestock production, forestry, horticulture, floriculture, viticulture, and necessary accessory uses for treating, storing and processing agricultural products. The purpose of the A/F district is to preserve, protect and maintain areas that are rural in character and the integrity of the forest/woodland areas where viable agricultural pursuits can be feasible and to avoid fragmentation of forests and farms. These purposes are accomplished by:

      1.   Establishing residential density limits and conservation development standards to retain areas sized for efficient farming.

      2.   Allowing for uses related to agricultural production and limiting nonagricultural uses to those compatible with agriculture, or requiring close proximity for the support of agriculture.

   B.   Use of this zone is appropriate in areas designated by the comprehensive plan as follows:

      1.   A/F-20 in all areas designated as prime ag/forest land in the comprehensive plan. The A/F-20 zone is also appropriate in areas designated ag/forest land in the comprehensive plan that also feature:

         a.   Prime agricultural soils.

         b.   Are characterized by agricultural or forestry uses.

         c.   Areas where one or more of the following apply: limited services; characterized by slopes steeper than thirty percent (30%); where access may be absent or limited to substandard road systems or where large tracts of land may be devoted to ag/forest production.

      2.   A/F-10 in areas designated as ag/forest land in the comprehensive plan that do not feature prime agricultural soils, but where agricultural and forestry pursuits remain viable. These areas may be within or adjacent to areas of city impact or where lands are afforded fire protection, access to standard roads and other services. (Ord. 501, 11-18-2008)

   A.   The rural district is established to allow low density residential uses that are compatible with rural pursuits. The purpose can be accomplished by:

      1.   Limiting residential densities and permitted uses to those that are compatible with rural character and nearby resource production districts and sites and can be adequately supported by rural service levels.

      2.   Allowing small scale farming and forestry activities, and tourism and recreation uses that can be supported by rural service levels and are compatible with rural character.

      3.   Encouraging conservation development configurations that create permanent open space or farming areas, protect sensitive environmental features, reduce infrastructure costs and/or enhance recreational opportunities.

   B.   Use of this zone is appropriate in areas designated by the comprehensive plan as follows:

      1.   R-10 in areas designated as rural residential in the comprehensive plan that meet one or more of the following criteria:

         a.   Characterized by slopes that are steeper than thirty percent (30%).

         b.   Located within critical wildlife habitat as identified by federal, state or local agencies.

         c.   Contain prime agricultural soils.

         d.   Served by a network of public and/or private roadways that generally do not meet applicable roadway standards set forth in title 2 (public roads) of this code or appendix A (private roads) of this title or are absent.

         e.   Within the floodway.

         f.   Contain limited access to public services.

      2.   R-5 in areas designated rural residential in the comprehensive plan that are already developed at or near the one dwelling unit per five (5) acre density and/or do not meet the criteria for R-10 above. (Ord. 501, 11-18-2008)

   A.   The suburban district is established to promote the development of residential uses located on the edges of the incorporated cities or other developed communities or areas, where urban sewer and water services are either available or have the potential to become available in the near future by reason of their inclusion in service districts, city service areas, or are adjacent to those areas or areas of city impact. Access to primary transportation routes and a system of hard surfaced roads are expected. The purpose can be accomplished by:

      1.   Providing for single-family detached dwelling units and other compatible housing forms, with a variety of densities in locations appropriate for urban densities.

      2.   Allowing only those accessory and complementary nonresidential uses that are compatible with urban residential communities.

      3.   Establishing density designations to facilitate advanced areawide planning for public facilities and services, and to protect environmentally sensitive sites from over development.

      4.   Encouraging conservation development configurations that create permanent open space, protect sensitive environmental features, reduce infrastructure costs and/or enhance recreational opportunities.

      5.   Requiring conservation development configurations in areas where all urban services are not available to provide the opportunity in the future to subdivide the land at urban densities.

   B.   Use of this zone is appropriate in areas designated by the comprehensive plan as transition, urban growth area, resort community or suburban growth area in the comprehensive plan where a network of hard surfaced roads provides good access to primary transportation routes or potential public transportation systems. Urban services may not be available immediately, but are capable of being extended or constructed in the area. (Ord. 501, 11-18-2008)

   A.   The commercial district is established to promote a range of commercial uses to serve the needs of the immediate area, surrounding rural communities and visitors without adversely affecting adjacent residential neighborhoods. The commercial district is also intended to provide opportunities for a variety of affordable housing types that are within walking distance of commercial services. Intensive large scale commercial development is not appropriate due to the limited density of surrounding unincorporated areas. Access to primary transportation routes and a system of hard surfaced roads are expected and consideration is given to the potential public transportation access. These purposes are accomplished by:

      1.   Providing for a wide range of small to medium scaled retail, professional, governmental and personal service uses.

      2.   Allowing for mixed use buildings (housing over office or retail) and a range of housing types, including cottage housing, townhouses, apartments and mobile home parks where sufficient services are provided.

      3.   Allowing for light industrial uses where activities are conducted primarily indoors and impacts to adjacent uses can be mitigated.

      4.   Excluding commercial uses with extensive outdoor storage.

      5.   Excluding large scale commercial uses that would be more effectively located in incorporated cities.

      6.   Applying simple design standards that enhance pedestrian access and improve the character of the area.

   B.   Use of this zone is appropriate in areas designated as neighborhood commercial, urban growth area or transition by the comprehensive plan and community plans and that are served at the time of development by adequate sewage disposal services, water supply, roads and other needed public facilities and services. Expansion of existing commercial districts or the creation of new commercial districts may be considered only if the expansion will not negatively impact the safety and function of a state highway or other roadway. (Ord. 501, 11-18-2008)

   A.   The industrial district is established to promote the development of areas for manufacturing, processing, fabrication and wholesale sales, research and testing operations, limited retail sales and warehousing. It is also a purpose of this zone to protect the industrial land base for industrial economic development and employment opportunities. Due to the intensity of land use, these areas require primary transportation routes, urbanlike water and sewer services, fire and police services and consideration given to the potential public transportation access. These purposes are accomplished by:

      1.   Providing for a wide range of industrial and manufacturing uses.

      2.   Establishing appropriate development standards and public review procedures for industrial activities with the greatest potential for adverse impacts.

      3.   Limiting residential, institutional, office and other nonindustrial uses to those that are accessory to industrial activities.

      4.   Allowing limited commercial uses that complement industrial activities.

   B.   Use of this zone is appropriate in areas designated by the comprehensive plan as transition which are served at the time of development by adequate sewage disposal services, water supply, roads and other needed public facilities and services. Expansion of existing industrial districts or the creation of new industrial districts may be considered only if the expansion will not negatively impact the safety and function of a state highway or other roadway. (Ord. 501, 11-18-2008)

   C.   The Planning or Zoning Commission and board of county commissioners may add specific conditions to require compatibility with surrounding uses and to assure compliance with the intent of the industrial district, this title, and the health and safety of the public. To assure conditions are met, the county shall require the execution of a written commitment concerning the use or development of the subject parcel. This commitment shall be recorded in the office of the county recorder. The commitment shall take effect on the adoption of the amendment to the zoning map. The commitment shall be binding on the owner of the parcel, each subsequent owner, and each person acquiring an interest in the parcel. A commitment may be modified following the procedures for modification provided within this title and the approval of the board. The commitment may be terminated and the zoning designation reversed on the failure of the landowner/operator to abide by the terms of the agreement, following notice to the landowner/operator by certified mail of the violations and after a reasonable time, as determined by the governing board, has been given to abate the violation. No such reversal of zoning may occur without appropriate notice and public hearing as set forth in Idaho Code and this code for zoning district amendments and proof beyond a reasonable doubt that a violation remains after attempts to abate have been exhausted. If the board reverses the zoning designation after a hearing, the board decision shall be final and further recourse shall be as provided by Idaho Code. (Ord. 551, 3-9-2016; amd. Ord. 661, 3-18-2022; Ord. 580, 10-12-2022)

   A.   The rural service center district is established to promote the development of local commercial services in small communities to meet the needs of rural residents as well as limited tourist commercial services and limited light industrial uses consistent with the maintenance of the rural character of the area. The rural service center district is also intended to provide opportunities for a variety of affordable housing types that are within walking distance of commercial services. These purposes are accomplished by:

      1.   Providing for a range of small scale retail and rural service uses.

      2.   Allowing for mixed use buildings (housing over office or retail) and a range of housing types, including detached single-family dwelling units, cottage housing, townhouses, apartments and mobile home parks where sufficient services are provided.

      3.   Allowing for light industrial uses where activities are conducted primarily indoors and impacts to adjacent uses are mitigated.

      4.   Excluding commercial uses with extensive outdoor storage.

      5.   Excluding large scale commercial uses that would be more effectively located in incorporated cities.

      6.   Applying simple design standards that enhance pedestrian access and improve the character of the area. (Ord. 501, 11-18-2008)

   B.   Use of this zone is appropriate in areas designated as neighborhood commercial, resort community or transition by the comprehensive plan and community plans and that are served at the time of development by adequate sewage disposal services, water supply, roads and other needed public facilities and services. Expansion of existing rural service center districts or the creation of new rural service center districts may be considered only if the expansion will not negatively impact the safety and function of a state highway or other roadway. (Ord. 512, 1-6-2010)

   A.   The recreation district is established to provide a wide range of recreational uses in areas where if access is by road rather than solely by waterways, the road shall be located within a recorded easement or public right of way, except where subject to the terms of an approved special use permit or a state or federal agency, adequate water and sewer services and fire services. Consideration shall also be given to access to potential public transportation systems. The recreation district is intended to provide for a range of housing types and uses that are accessory and complementary to recreational and residential uses. These purposes are accomplished by:

      1.   Allowing for a range of housing types provided adequate services are available.

      2.   Providing for commercial and private resorts which contain provisions for a range of recreational activities.

      3.   Excluding uses that are not compatible with the desired recreational character of the area.

      4.   Encouraging conservation development configurations that create permanent open space, protect sensitive environmental features, reduce infrastructure costs and/or enhance recreational opportunities.

      5.   Applying simple design standards that enhance the recreational opportunities and character of the area.

   B.   Use of this zone is appropriate in areas designated as transition, neighborhood commercial, urban growth area and resort community with the following conditions:

      1.   Land is physically suitable to accommodate a broad range of residential and recreational uses.

      2.   Sites are served by adequate sewage disposal service, water supply, roads and other needed public facilities and services. (Ord. 501, 11-18-2008)

   A.   The Alpine Village District is established to accommodate recreational development in high elevation communities while recognizing the unique and challenging features of mountain communities. The Alpine Village District is intended to provide for a range of housing types and uses that are accessory and complementary to recreational and residential uses. These purposes are accomplished by:

      1.   Allowing for a range of housing types.

      2.   Providing for commercial and private resorts which include a range of recreational activities.

      3.   Excluding uses that are not compatible with the desired recreational/residential character of the area.

      4.   Applying development standards that address the unique environmental needs of high elevation communities.

   B.   Use of this zone is appropriate in areas designated as alpine community by the comprehensive plan. These are areas of the County generally greater than three thousand feet (3,000') in elevation that support and complement mountain recreational activities. Consideration within this district should also be given to potential public and community transportation systems. (Ord. 501, 11-18-2008)

In the use tables in this subchapter, land use classifications are listed on the vertical axis and zoning districts are shown on the horizontal axis.

   A.   If no symbol appears in the box at the intersection of the column and the row, the use is not allowed in that district.

   B.   If the symbol "P" appears in the box at the intersection of the column and row, the use is permitted subject to general requirements for the use and the zoning district.

   C.   If the symbol "C" appears in the box at the intersection of the column and the row, the use is permitted subject to the conditional use provisions specified in chapter 2, subchapter 2.2 of this title and to general requirements for the use and the zoning district.

   D.   Standards associated with particular uses are identified by numbers in parentheses. Standards are listed below the tables. Standards listed in the "use" column (far left column in each table) apply to the applicable use in each district that the use is permitted or conditionally permitted. (Ord. 501, 11-18-2008)

   A.   In the case of a question as to the inclusion or exclusion of a particular proposed use in a particular use category, the Planning Director shall have the authority to make the final determination based on the characteristics of the operation of the proposed use and the Planning Director's interpretation of the standard land use coding manuals, as provided in section 12-339 of this subchapter.

   B.   In the case of a conflict between the general description and the use table, the table shall prevail. (Ord. 501, 11-18-2008)

TABLE 3-2
RESIDENTIAL USE TABLE

 

Standards:

   (1)    Must be living quarters within the structure of a permitted use. Caretaker must be a bona fide employee of the property ownership and/or management.

   (2)    Refer to section 12-411, table 4-1 and section 12-412, table 4-2 of this title, for applicable density standards for residential uses. For the F, A/F and Rural Districts, the required acreage for a duplex shall be double the site area minimum for the respective zoning district. For the S, C, RSC, REC and AV, the required acreage for a duplex shall be 15,000 square feet where all urban services are provided, 1 acre where urban sewer is provided, and 21/2 acres elsewhere.

   (3)    Refer to section 12-480 of this title for cottage housing provisions/standards.

   (4)    Use only permitted in conjunction with a conservation subdivision, provided such subdivision complies with the density standards of the applicable district (see section 12-411, table 4-1 and section 12-412, table 4-2 of this title) and the use is authorized on the plat.

   (5)    Ground floor residential uses are prohibited within 100 feet of a State highway or designated arterial.

   (6)    Multi-family dwellings with a minimum of 12,000 square feet of lot area for the first unit, plus 3,000 square feet for each additional unit; provided, that all urban services are available.

   (7)    See section 12-627 of this title for standards related to subdivisions intended for residential uses in the Commercial District.

   (8)    Refer to section 12-490 of this title for accessory dwelling unit provisions/standards. One (1) accessory dwelling unit is permitted per lot or parcel without respect to density. This does not apply to parcels/lots that have explicit restrictions on the number of dwellings.

   (9)    Building Location Permit regulations do not apply to non-commercial temporary, intermittent or occasional use of recreational vehicle. When a recreational vehicle is used in the same manner as a single family dwelling or an accessory dwelling unit, such use is limited to a maximum of 2 recreational vehicle dwelling units per parcel, and the conditions of BCRC 12-496 apply.

   (10)    See section 12-485 of this title for mobile home park standards.

   (11)    Farm labor housing: Caretaker must be a bona fide employee of the property ownership and/or management. The total allowable number of dwelling units does not apply to temporary or seasonal farm labor housing, such as a bunkhouse where only sleeping quarters are provided for farmworkers.

   (12)   Refer to section 12-484 of this title for standards of vacation rentals.

(Ord. 501, 11-18-2008; amd. Ord. 512, 1-6-2010; Ord. 581, 10-24-2018; Ord. 598, 1-22-2020; Ord. 607, 7-22-2020; Ord. 707, 3-13-2024)

    TABLE 3-3

   COMMERCIAL USE TABLE

 

Standards:

   (1)    All animals, other than livestock, shall be housed in permanent structures which can be physically enclosed during nighttime hours. All buildings and fenced running areas will be a minimum of 300 feet from any existing dwelling other than that of the owner. The operator of such a use will maintain adequate housekeeping practices to prevent the creation of a nuisance.

   (2)    Where access to the site is by road, the road shall be located within a recorded easement or public right of way, and constructed to provide adequate emergency vehicle access (including, but not limited to, fire, medical, and law enforcement), except where subject to the terms of an approved special use permit issued by a state or federal agency.

   (3)    Where access to the site is by road, the road shall be located within a recorded easement or public right of way, and constructed to the appropriate standard set forth in title 2 of this code or appendix A of this title, except where subject to the terms of an approved special use permit issued by a state or federal agency.

   (4)    Adequate daily food, water, veterinary care, ventilation, sanitation and shelter shall be provided for the animals. Facilities shall be designed to provide for isolation and quarantine of any animals exhibiting disease symptoms. The operator shall maintain identification and death records and shall permit a minimum of 1 inspection annually.

   (5)    1 on premises sign, not in excess of 6 square feet, shall be permitted when included as part of the conditional use permit application.

   (6)    A bed and breakfast shall be a detached single-family dwelling, occupied and operated by the owner or a resident manager, where 5 or fewer rooms are available for rent for a period not to exceed 2 weeks per guest, where meals are served from a central kitchen only to overnight guests. Guestrooms shall not have separate outside entrances as the primary method of entrance and exit. Liquor shall not be available for sale by the drink within the establishment. Food service facilities, water supply and wastewater disposal, and accessory uses, such as pools, shall conform to regulations set by the state of Idaho. Health and safety requirements shall conform to the adopted uniform codes based upon the occupancy and type of construction.

   (7)    In addition to the golf course or athletic facility, no commercial uses will be permitted except those related to the sale or rental of equipment associated, or food or beverage sales.

   (8)    Adequate water supplies for drinking and fire suppression, as well as approval of sewage disposal sites and methods by the Panhandle health district and/or the state of Idaho, must be demonstrated as appropriate.

   (9)    Use not permitted in the A/F-20 district.

   (10)    All facilities shall be designed and located with full consideration to the safety factors involved with such a use and to minimize the noise, smoke, dust and other nuisance factors to nearby land uses.

   (11)    Sufficient off street parking for patrons shall be provided.

   (12)    Gun clubs and rifle ranges shall have a minimum area of 5 acres. Target areas shall be at least 600 feet from any existing dwelling, except that of the owner or caretaker.

   (13)    Reserved.

   (14)    Use subject to the applicable home occupation permit per standards in section 12-489 of this title.

   (15)    Permitted only in conjunction with an approved resort or as part of a planned unit development.

   (16)    As defined in Idaho Code, except where used as a subordinate part of a permitted use.

   (17)    Sufficient land area is required to accommodate the proposed use, and the use and any appurtenant structures shall be so arranged on the land as to minimize any adverse effects on surrounding properties. The use shall not create particular hazards to adjacent properties.

   (18)    Specified conditions with respect to emissions of noise, light, glare, smoke, odor, dust, particulate matters, vibrations or hours of operation may be prescribed differently from those required in a given district, as to be compatible with other applicable state and federal standards.

   (19)    For drive-in theaters, the site shall provide for adequate screening from adjacent land uses using a sight obscuring fence, plus a strip of type A landscaping at least 20 feet wide along the applicable property line.

   (20)    Racetracks shall have a minimum area of 20 acres and shall be a minimum of 1,000 feet from any suburban district.

   (21)    Refer to Section 12-497 of this Title for RV Parks/Campground standards. Site requirements for RV parks include at least 25 percent tree canopy coverage and a maximum of 25 percent impervious surface.

   (22)    Commercial resorts on sites meeting the minimum lot size of the applicable zoning district, but no less than 1 acre. Resorts may include facilities for food and beverage sales, rented seasonal living units, retail sales of equipment, supplies or services in conjunction with a resort, campgrounds and recreation vehicle parks.

   (23)    Private resorts on sites meeting the minimum lot size of the applicable zoning district, but no less than 1 acre. Resorts shall contain provisions for outdoor recreation uses, which may include areas for group meetings, boating, camping, swimming, skiing, golfing, shooting.

   (24)    Individual retail or hardware stores shall have a maximum floor area of 40,000 square feet or less.

   (25)    Uses are limited to 2,000 square feet of floor area on each property, except for the hardware stores in the industrial district, as noted in standard (24) of this table.

   (26)    Food or retail stores shall have a maximum floor area of 10,000 square feet or less. Commercial malls that feature more than 1 food or retail store shall have a maximum floor area of 25,000 square feet.

   (27)    Meals, recreation and housing may be provided for the participants during the period of the retreat or program only. Retreats shall not be used by the general public for meals or overnight accommodations. Accommodations may include a lodge, dormitory, sleeping cabins without kitchen facilities, tents or other similar housing. Kitchen and dining facilities may be located in a single, centrally located building. Where access to the site is by road, the road shall be located within a recorded easement or public right of way constructed to provide adequate emergency vehicle access (including, but not limited to, fire, medical, and law enforcement). Demonstration of adequate sewer and water provisions and fire protection are required. The applicant shall also demonstrate there is sufficient area to accommodate the retreat and any appurtenant structures so as to minimize any adverse effects on surrounding properties and will not create hazards on adjoining properties. At minimum, the property shall meet the minimum lot size requirement of the applicable district.

   (28)    Of not more than 300 square feet for the sale of agricultural products produced on the premises.

   (29)    Temporary real estate sales office for the lots within the applicable development are allowed, provided they do not exceed 2 years.

   (30)    A traffic plan is required describing, at minimum, the method of ingress and egress to the site, traffic circulation within the site, and on premises parking and loading areas.

   (31)    Limited to tier III home occupation and subject to the standards of section 12-489 of this title.

   (32)    Housing shall be owner/manager supervised and may consist of dormitory style, separate or family sleeping quarters. Food service facilities, water supply and wastewater disposal, and accessory uses, such as pools, shall conform to regulations set by the state of Idaho. Health and safety requirements shall conform to the adopted uniform codes based upon the occupancy and type of construction. Hostels in the A/F district shall be associated with low intensity recreational or natural amenities, similar to recreational facilities.

   (33)    Maximum square footage for ministorage, boat storage, and rental warehouse facilities on a single lot or parcel shall be 10,000 square feet for the rural service center and recreation districts. The maximum square footage for ministorage, boat storage, and rental warehouses in the commercial and industrial districts shall be unlimited.

   (34)    Adequate fire and emergency medical services shall be provided during racetrack events, to the satisfaction of Bonner County.

   (35)    Farmers' markets may also be established in existing churches, schools, community centers or similar public or private community facilities.

   (36)    At least 2 acres of the site must be actively farmed/ranched, producing products or crops to be used in the agri-education school. School shall be clearly incidental to farm/ranch operation. Meals sold as part of the school are limited to foods primarily produced or grown on site. Associated lodging facilities shall conform to the standards of section 12-483 of this title, with exceptions to subsection 12-483C of this title limiting the lodging to only those attending, teaching or staffing at the school and allowing central lodging. (See section 12-493, "Agricultural Direct Marketing Activities", in this title for daytime classes, tours or other temporary educational opportunities.)

(Ord. 501, 11-18-2008; amd. Ord. 521, 3-2-2011; Ord. 538, 6-26-2014; Ord. 540, 10-22-2014; Ord. 547, 7-6-2015; Ord. 549, 12-9-2015; Ord. 594, 12-18-2019; Ord. 650, 11-10-2021; Ord. 707, 3-13-2024; Ord. 727, 7-31-2025)

   TABLE 3-4

   INDUSTRIAL USE TABLE

 

Standards:

   (1)    Fabrication or assembly of products, wholesale distribution facilities, such as warehouses, bulk plants, etc., not used for agricultural purposes.

   (2)    Uses must meet the following criteria:

      a.    Carried on in such a manner as to be protected from fire and explosions.

      b.    Emits no obnoxious odors.

      c.    Exhaust no waste or dust.

      d.    Discharge no treated or untreated industrial waste.

      e.    Carry on any operation that would produce heat, light or glare perceptible from any property line of the industrial site.

   (3)    Use must be wholly contained within a single building having less than 10,000 square feet. Buildings larger than 10,000 square feet are subject to a conditional use permit in the Commercial District.

   (4)    Where access to the site is by road, the road shall be located within a recorded easement or public right-of-way, and constructed to the appropriate standard set forth in title 2 of this Code or appendix A of this title.

   (5)    The site shall provide for adequate screening by using a sight obscuring fence and a strip of type A landscaping at least 20 feet wide around the perimeter of the site.

   (6)    No materials, parts, automobiles or junk will be visible from any public right-of-way. A performance bond or developer's agreement may be required for assurance of compliance with the provisions of this conditional use.

   (7)    Manufacturing of explosives shall have a minimum area of 10 acres and shall be at least 1,000 feet from any residential district or residential use. The use shall be subject to approval of the local fire officials and all other applicable agencies. Facilities will not be approved if not located in a fire district. The use shall meet all other local, State and Federal requirements.

   (8)    All facilities shall be designed and located with full consideration to the safety factors involved with such a use and to minimize the noise, smoke, dust and other nuisance factors to nearby land uses.

   (9)    All sawmill, shingle or planing mill, or woodworking plant facilities must meet air quality standards applicable at the time of issuance of this permit. All facilities must make provision for fire protection; facilities must also meet the requirements and be approved by the appropriate fire district. Facilities will not be approved if fire protection is not provided.

   (10)    Off street parking for all patrons shall be provided.

   (11)    Slaughterhouse shall have a minimum area of 5 acres and all facilities shall be at least 600 feet from any existing dwelling other than the owner's.

   (12)    In conjunction with a retail storefront.

   (13)    Square footage limit for manufacturing in the Commercial Zone shall be limited to 1,000 square feet or 10 percent of the commercial use, whichever is greater.

   (14)    Meat processing operations less than 2,000 square feet or as a home occupation is permitted if it meets the requirements of a home occupation. The home occupation meat processing shall be a minimum 200 feet from any existing dwelling other than the owner's.

   (15)    Food and dairy products processing and manufacturing including frozen foods less than 2,000 square feet or as a home occupation is permitted if it meets the requirements of a home occupation.

(Ord. 577, 5-23-2018)

   TABLE 3-5

   PUBLIC USE TABLE

 

Standards:

   (1)    All facilities shall be designed and located with full consideration to the safety factors involved with such a use and to the proximity of residential and adjacent land uses, including the reduction of nuisance factors such as noise, smoke and dust.

   (2)    Airports shall have a minimum area of 20 acres. The facilities must be located at least 2,000 feet from any Suburban District. Storage of flammable liquids, fuel, gases or combustible materials shall meet all local, State and Federal codes.

   (3)    Where access to the site is by road, the road shall be located within a recorded easement or public right-of-way, and constructed to the appropriate standard set forth in title 2 of this Code or appendix A of this title, except where subject to the terms of an approved special use permit issued by a State or Federal agency.

   (4)    Cemeteries shall have a minimum area of 15 acres and shall be at least 500 feet from any existing dwelling, except the dwelling of the owner or employee. No graves shall be located within 30 feet of any public right-of-way. Buildings shall be located no less than 100 feet from property lines. The cemetery shall not be approved if it is of such size, shape or location as to adversely affect the residential development of the existing neighborhood. The cemetery shall be provided with perpetual care for maintenance of the grounds and landscaping.

   (5)    Sufficient land area is required to accommodate the proposed use, and the use and any appurtenant structures shall be so arranged on the land as to minimize any adverse effects on surrounding properties. The use shall not create particular hazards to adjacent properties.

   (6)    Specified conditions with respect to emissions of noise, light, glare, smoke, odor, dust, particulate matter, vibrations or hours of operation may be prescribed differently from those required in a given district, as to be compatible with other applicable State and Federal standards.

   (7)    A traffic plan is required describing, at minimum, the method of ingress and egress to the site, traffic circulation within the site, and on premises parking and loading/launching areas.

   (8)    The granting of approval of a heliport shall be based on the design of the unit, which will meet all local, State and Federal requirements for such use, and will be subject to the approval of the Federal Aviation Administration. Heliports will be located in areas where effects from the noise, vibration, dust or light will not adversely affect adjoining properties, and where the safety of adjoining residents and the public is not endangered. Storage of fuel will meet all local, State and Federal Fire Codes. No flammable liquids, fuel, gases or other combustible materials will be stored below the surface of any lake, river, stream or water body.

   (9)    Adequate water supplies for drinking and fire suppression, as well as approval of sewage disposal sites and methods by the Panhandle Health District and/or the State of Idaho, must be demonstrated as appropriate.

   (10)    Clinics are permitted in the Industrial District, but hospitals are prohibited.

   (11)    The area of land covered by buildings shall not exceed 35 percent of the total lot area. The site area shall be sufficient to accommodate the facility and required parking, setbacks, landscaping, walkways and other applicable development standards. The public utility facility lot or parcel is not required to meet the minimum lot/parcel size of the zoning district in which it is located. In considering applications, the Planning or Zoning Commission shall consider the public convenience and necessity of the facility and any adverse effect that the facility will have upon properties in the vicinity, and may require such reasonable restrictions, or conditions of development; or protective improvements as to uphold the purpose and intent of this title and the comprehensive plan. A sewage management agreement shall be approved and executed prior to the issuance of a conditional use permit for subsurface sewage disposal systems serving 10 or more residential dwelling units or designed with a capacity of 2,500 gallons or more per day.

   (12)    The site will provide for adequate screening from adjacent sensitive land uses using a sight obscuring fence, landscaping and/or other approved treatment.

   (13)    Sanitary landfills shall adhere to the following conditions: a) have a minimum area of 10 acres; b) conform to standards prescribed by the appropriate State and local health authorities; c) conform to time limits for daily operation, as defined by the Board; d) provide a bond, for privately owned sites, to ensure compliance with the provisions of the zoning approval; e) provide for a paved street to the facility; f) be supervised during the hours of operations; g) provide for dust control measures that will limit the site's nuisance factor; and h) provide a suitable guarantee will be provided to assure compliance with the zoning and health regulations and also to guarantee adequate rehabilitation of the site.

(Ord. 501, 11-18-2008; amd. Ord. 512, 1-6-2010; Ord. 661, 3-18-2022)

   TABLE 3-6

   RESOURCE BASED USE TABLE

 

Standards:

   (1)    Includes growing and harvesting of crops only. All other agricultural uses are prohibited, except where otherwise noted in this title.

   (2)    Commercial fur farms shall have a minimum area of 10 acres. All animals and runs will be housed in permanent buildings not less than 100 feet from any dwelling other than the dwelling of the owner. The operator of such a use will maintain adequate housekeeping practices to prevent the creation of a nuisance.

   (3)    Sufficient land area is required to accommodate the proposed use, and the use and any appurtenant structures shall be so arranged on the land as to minimize any adverse effects on surrounding properties. The use shall not create particular hazards to adjacent properties.

   (4)    Specified conditions with respect to emissions of noise, light, glare, smoke, odor, dust, particulate matter, vibrations or hours of operation may be prescribed differently from those required in a given district, as to be compatible with other applicable State and Federal standards.

   (5)    Where access to the site is by road, the road shall be located within a recorded easement or public right-of-way, and constructed to the appropriate standard set forth in title 2 of this Code or appendix A of this title.

   (6)    Temporary rock crushing operations located outside of city impact areas within an existing or approved gravel pit.

   (7)    1 on premises sign, not in excess of 32 square feet, which may be lighted from the exterior, shall be permitted when included as part of the conditional use permit application.

   (8)    A traffic plan is required describing, at minimum, the method of ingress and egress to the site, traffic circulation within the site and on premises parking and loading areas.

   (9)    The keeping of equine animals for noncommercial uses and associated nonresidential accessory structures, on property having an area of 3 acres or more is permitted, provided that animal care and waste management meet all applicable State and health district regulations and provided that the number of animals not exceed 2 equine animals on 3 acres and 1 additional equine animal for each additional acre up to a maximum number of 10 equine animals. The keeping of equine animals for noncommercial purposes on property having an area of not less than 1 acre and not more than 3 acres and associated nonresidential accessory structures may be conditionally permitted, provided that animal care and waste management meet all applicable State and health district regulations and the number of equine animals does not exceed 2.

   (10)    Mining and rock crushing activities shall be temporary, and shall be limited in lifetime and scope by conditions established by the Zoning Commission.

   (11)    Includes growing and harvesting of crops. Other agricultural uses are limited, as specifically provided by this title.

   (12)    The keeping of chickens and rabbits are permitted, subject to the following standards:

      a.    Roosters are prohibited.

      b.    Up to 10 chickens, rabbits or combination thereof may be kept on lots/parcels of less than 1 acre, provided all enclosures and coops are set back a minimum of 20 feet from all property lines and from any residences other than the owner/renter.

      c.    Up to 30 chickens, rabbits or combination thereof may be kept on lots/parcels between 1 and 3 acres, provided all enclosures and coops are set back a minimum of 20 feet from all property lines and from any residences other than the owner/renter.

      d.    Up to 50 chickens, rabbits or combination thereof may be kept on lots/parcels greater than 3 acres, provided all enclosures and coops are set back a minimum of 50 feet from all property lines and from any residences other than the owner/renter.

      e.    All chickens or rabbits shall be kept in a predator resistant enclosure during daytime hours and shall be enclosed in a predator resistant, covered coop or enclosure during nighttime hours.

      f.   Animal care and waste management practices shall meet all applicable State and health district standards.

      g.    Chickens or rabbits shall be kept on the same lot/parcel as the landowner/renter or on an adjacent lot or parcel to owner/renter.

   (13)    The keeping of bees, livestock, farm animals and domestic fowl (turkeys, ducks and geese), are permitted, subject to the following standards:

      a.    The lot or parcel shall contain a minimum of 3 acres.

      b.    Animals shall be limited to 2 animal units for the first 3 acres of fenced, pastureland, forestland or enclosure associated with the agricultural use and 1 additional animal unit per acre thereafter. Total animal units shall not exceed 20 animal units no matter the acreage. (See animal unit chart in chapter 8 of this title.)

      c.    Beekeeping operations shall be registered with the State Department of Agriculture.

      d.    Confined feeding areas, cages, pastureland or enclosures shall be constructed and maintained to keep the animals contained. Feeding areas, cages, pastureland or enclosures may be placed up to the property line but shall not be closer than 40 feet from any residence other than the owner or renter. Hives shall be a minimum of 25 feet from all property lines and any residences other than the owner or renter.

      e.    Animals shall be kept on the same lot/parcel as the landowner/renter or an adjacent lot/parcel to the owner/renter.

      f.    Animal care and waste management shall meet all applicable State and health district regulations. Waste shall not be stockpiled or composted within 50 feet of any property line or any residence other than the owner or renter.

      g.    Keeping of swine, unneutered male goats, guinea fowl, peafowl, ostrich, emu, buffalo, yak, and beefalo is prohibited. Exception: 1 potbellied pig is permitted.

   (14)    Subject to standards contained in section 12-493 of this title.

   (15)    Subject to standards contained in section 12-494 of this title.

   (16)    Subject to section 12-495 of this title.

   (17)    In the Suburban Zoning District, a minimum of 5 acres is required for agricultural direct marketing activities.

   (18)    Shall meet all applicable local, State, and Federal regulations. At least 2 acres of primary ingredient used in processing shall be grown on site.

   (19)    A minimum of 5 acres is required in the Suburban District. Use shall be contained within building not exceeding 10,000 square feet of floor area.

   (20)    At least 0.5 acre of primary beverage ingredient used in distilling or brewing shall be grown on site. Winery, brewery or distillery shall be clearly subordinate to agricultural operation. All structures associated with the beverage operation shall be a minimum of 75 feet from property lines. Sales are limited to fermented or distilled beverages produced on site and limited food sales. Sales of bottle openers, glasses or other such promotional items identifying the site are permitted. Hours of operation and maximum occupancy may be limited by the conditional use permit.

   (21)   Batch plant operations shall be located outside of city impact areas. The emissions control system(s) on such batch plants shall be of "Best Available Control technology" (BACT) as generally accepted under relevant industry standards, within five (5) years prior to application.

   (22)    Reserved.

   (23)    An open pit, also known as a sand box, is an area where material (usually soil, gravel or sand) has been dug for use at another location. Open pits shall be in conjunction with and close to major construction projects and shall be limited in lifetime and scope by conditions established by the Zoning Commission.

(Ord. 577, 5-23-2018; amd. Ord. 661, 3-18-2022)

   TABLE 3-7

   ACCESSORY USE TABLE

 

 

Standards:

   (1)    Employee housing as part of an integral part of the commercial operation shall be onsite housing and shall meet all the required standards and permits of the requested type of housing, i.e., subdivision, RV park or condominium.

   (2)    Watchman or caretaker living quarters shall be limited to 1 unit per lot/parcel.

(Ord. 577, 5-23-2018)

(Ord. 577, 5-23-2018)

It is recognized that new unanticipated types of land uses will be proposed in Bonner County. In order to provide for such changes and contingencies, when a use is proposed that is not listed as a prohibited, permitted or conditional use in a zone district, the Planning Director shall make a determination that:

   A.   The use falls within the same standard classification pursuant to the "Standard Industrial Classification Manual" or the North American Industry Classification System, as amended, modified or superseded, as a listed permitted or conditional use in a current zone district and that it may be processed in the same fashion as the listed use; or

   B.   The use does not fall within the same standard classification pursuant to the "Standard Industrial Classification Manual" or the North American Industry Classification System, as amended, modified or superseded, as a listed permitted or conditional use in a particular zone district, and thus is a prohibited use in that district; or

   C.   The use is unique in nature and an amendment to this title is necessary in order to allow for its placement within the appropriate zone district. (Ord. 577, 5-23-2018)

Within the district or zone established by this title or amendments that may later be adopted, there exist:

   A.   Lots;

   B.   Structures;

   C.   Uses of land and structures; and

   D.   Characteristics of uses which were lawful before this title was passed or amended, but which would be prohibited, regulated or restricted under the terms of this title or future amendment. It is the intent of this title to permit these nonconformities to continue as required by law. It is further the intent of this title that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district or zone. (Ord. 501, 11-18-2008)

   A.   Subject to the provisions of this subchapter, a nonconforming use or structure may be continued but may not be extended or altered, unless necessary to comply with a lawful requirement and unless the use or structure is a less intensive use than the permitted uses in the zone (such as a residence in a conforming residential zone which has been rezoned to industrial). Exceptions:

      1.   The accumulated expansion by up to ten percent (10%) of a commercial, industrial or public use, set forth in BCRC 12-333 and table 3-3, 12-334 and table 3-4, 12-335 and table 3-5, or structure in any zoning district that was established prior to November 18, 2008, and that has been in use continuously since November 18, 2008, is permitted, provided no additional land area is being acquired for the expansion.

      2.   The accumulated expansion of such use identified in subsection A1 of this section by more than ten percent (10%), but no more than fifty percent (50%) is conditionally permitted, provided no additional land area is being acquired for the expansion.

      3.   For natural material resource-based uses, operating under an approved Idaho Department of Lands Reclamation plan, and set forth in BCRC 12-336 and table 3-6, nonconforming uses may be expanded within the parcel boundaries existing at/on November 18, 2008. For the complete development of the material resources of the State or any other necessary means to their complete development, or any other use necessary to the complete development of the material resources of the State.

   B.   The extension of a nonconforming use to a portion of a structure for which a building location permit or building permit or zoning permit has been granted at the time of passage of this chapter shall not be deemed an enlargement or expansion of a nonconforming use. A nonconforming structure which conforms with respect to use may be altered or expanded if the alteration or expansion does not cause the structure to deviate further from the standards of this title.

   C.   If a nonconforming use is discontinued for a period of two (2) years or more, further use of the property shall conform to this title. For "surface mines", as defined in section 12-813 of this title, it shall be concluded that the operator has permanently ceased surface mining operations as to a given affected land if no "minerals", as defined in section 12-813 of this title, have been removed from the mine in question for a period of three (3) years or more. Discontinued nonconforming uses are also governed by the standards of Idaho Code section 67-6538, as it may be amended or retitled from time to time. If a nonconforming use has been discontinued for two (2) or more years, the County may require a written declaration of intent from the landowner, pursuant to the provisions of Idaho Code section 67-6538.

   D.   Nothing contained in this subchapter shall require any change in the plans, construction, alteration or designated use of a structure for which a building location permit or building permit has been issued by the county prior to the adoption of this section, provided the structure has been completed and in use within two (2) years from the time the permit is issued. (Ord. 501, 11-18-2008; amd. Ord. 524, 1-11-2012; Ord. 672, 3-18-2022)

   A.   The minimum site area requirements will apply in all districts, except that these regulations shall not prohibit permitted uses on a lot of record (i.e., lots divided prior to the date of this section). All structures will meet minimum setback requirements as provided in this title.

   B.   In any district or zone in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this section, notwithstanding limitations imposed by other provisions of this title. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district or zone; provided, that yard dimensions and requirements other than these applying to area or width, or both, of the lot shall conform to the regulations for the district or zone in which such lot is located. (Ord. 501, 11-18-2008)

   C.   Any conforming or legally nonconforming parcel or lot reduced or further reduced in size below the zoning district minimums by a government action for the purpose of acquiring public rights of way shall be considered legally nonconforming. (Ord. 524, 1-11-2012)

Nonconforming uses of land may be continued so long as they remain otherwise lawful, provided:

   A.   No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this section, except where otherwise noted in this subchapter.

   B.   No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this section. (Ord. 501, 11-18-2008)

Where a lawful structure exists at the effective date of adoption or amendment of this title that could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   No such nonconforming structure may be enlarged or altered in any way which increases its nonconformity. Any structure or portion thereof may be altered to decrease its nonconformity.

   B.   A nonconforming structure or nonconforming portion of a structure destroyed by any means may be reconstructed so long as the reconstruction does not increase its nonconformity and reconstruction occurs within two (2) years of its destruction.

   C.   Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district or zone in which it is located after it is moved.

   D.   No nonconforming portion of a structure may be enlarged or altered in any way which increases its bulk (such as lot area, open space, yards, lot coverage, height, impervious surface ratios and floor area ratios). (Ord. 501, 11-18-2008)

If a lawful use involving individual structures exists at the effective date of adoption or amendment of this title that would not be allowed in the district or zone under the terms of this title, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   No existing structure devoted to a use not permitted by this title in the district or zone in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the district or zone in which it is located.

   B.   Any nonconforming use may be extended throughout any parts of a structure which were manifestly arranged or designed for such use at the time of adoption or amendment of this section, but no such use shall be extended to occupy any land outside such building.

   C.   If no structural alterations are made, any nonconforming use of a structure or structure and premises may be considered by the Zoning Commission for a change to another nonconforming use through the conditional use permit process provided by this title, provided the Zoning Commission shall find that the proposed use is equally appropriate or more appropriate to the district or zone than the existing nonconforming use. In permitting such change, the Zoning Commission may require appropriate conditions and safeguards in accord with the provisions of this title.

   D.   Any existing structure devoted to a use not permitted by this title in the district or zone in which it is located that is superseded by a permitted use shall thereafter conform to the regulations for the district or zone, and the nonconforming use may not thereafter be resumed.

   E.   When an existing structure devoted to a use not permitted by this title in the district or zone in which it is located fails to be used for the nonconforming use for two (2) years (except where government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district or zone in which it is located.

   F.   Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. "Destruction", for the purpose of this subsection, is defined as damage to an extent of more than fifty percent (50%) of the replacement value at time of destruction.

   G.   Any nonconforming use or structure and use in combination that is damaged or destroyed by an involuntary event such as fire, explosion, collapse or similar catastrophe may be repaired or reconstructed and the nonconforming use restored, provided the following conditions are met:

      1.   A building permit or building location permit has been issued, reconstruction has commenced and the use has resumed within two (2) years of the qualifying event.

      2.   The nonconformity shall not be enlarged, increased or intensified.

      3.   The reconstruction shall meet all applicable floodplain regulations of this title. (Ord. 501, 11-18-2008; amd. Ord. 524, 1-11-2012; Ord. 661, 3-18-2022)

If a nonconforming structure, or portion of a structure, containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district or zone in which it is located. (Ord. 501, 11-18-2008)