Zoneomics Logo
search icon

Bonner County Unincorporated
City Zoning Code

CHAPTER 4

DEVELOPMENT STANDARDS

12-400: PURPOSE:

The purpose of this chapter is to establish basic development standards consistent with the goals and policies of the comprehensive plan. (Ord. 501, 11-18-2008)

12-410: INTERPRETATION OF TABLES:

   A.   Sections 12-411 and 12-412 of this chapter contain general density and dimension standards for the various zones and limitations specific to a particular zone. The minimum setbacks shall apply to all structures, as defined in section 12-819 of this title, except as otherwise noted. Additional rules, exceptions and methodologies are set forth in the remainder of this chapter.
   B.   The density and dimension tables are arranged in a matrix format on two (2) separate tables and are delineated into two (2) zoning district groupings for ease of use:
      1.   Forestry, agricultural/forestry, rural.
      2.   Suburban, commercial, industrial, rural service center, recreation, alpine village.
   C.   Development standards are listed down the left side of both matrices, and the zones are listed at the top. The matrix cells contain the minimum dimensional requirements of the zone. A blank box indicates that there are no specific requirements related to the applicable standard. Specific requirements or exceptions associated with particular standards are identified by numbers in parentheses. Such requirements or exceptions are listed below the table. Requirements or exceptions listed in the "standard" column (far left column in each table) shall apply to the standard in each zoning district referenced in the table. (Ord. 501, 11-18-2008)

12-411: DENSITY AND DIMENSIONAL STANDARDS; FORESTRY, AGRICULTURAL/FORESTRY AND RURAL ZONES:

   TABLE 4-1
   DENSITY AND DIMENSIONAL STANDARDS
Standard
Zoning District
F
A/F-20
A/F-10
R-10
R-5
Standard
Zoning District
F
A/F-20
A/F-10
R-10
R-5
Minimum lot sizes (acres) (1), (2)
40 (4)
20 (5)
10 (6)
10 (6)
5 (7)
Maximum residential density
1 dwelling unit per minimum lot sizes (3), (8)
Minimum street setback (9), (10), (13)
25 feet
25 feet
25 feet
25 feet
25 feet
Minimum property line setback (11), (12), (13)
25 feet
25 feet
25 feet
25 feet
25 feet
On premises sign property line or street setback
25 feet
25 feet
25 feet
25 feet
25 feet
Maximum lot coverage
35 percent
35 percent
35 percent
35 percent
35 percent
 
Requirements Or Exceptions:
   (1)   Building lots in conservation subdivisions can be smaller than the minimum lot size for each zone. See chapter 6, subchapter 6.3 of this title for more details.
   (2)   For the purposes of subdividing or adjusting lots or parcel lines: Gross acreage may include rights of way within the boundaries of the land being subdivided or where right of way has been dedicated within the subject aliquot division of a section of land. Acreages may be rounded off per the following: 4.95 acres and larger shall be considered 5 acres; 9.95 acres and larger shall be considered 10 acres; 19.95 acres and larger shall be considered 20 acres; 39.95 acres and larger shall be considered 40 acres.
   (3)   Density may be increased via conservation subdivision provisions set forth in section 12-637 of this title for properties in the A/F and R zones.
   (4)   Or 1/16 aliquot division of the section minimum site area.
   (5)   Or 1/32 aliquot division of the section minimum site area.
   (6)   Or 1/64 aliquot division of the section minimum site area.
   (7)   Or 1/128 aliquot division of the section minimum site area.
   (8)   Dwellings, not to exceed a total of 3 single family dwellings, may be permitted on a single lot or parcel of land; providing, that the lot or parcel is large enough to comply with the density requirements of the zone. The maximum density of dwellings on a single lot or parcel of land shall be calculated using only non-submerged land. For example, 3 single family dwellings may be permitted on a 15 acre lot or parcel in the Rural 5 (R-5) district. Exceptions:
      a.   The total allowable number of dwellings does not apply to temporary or seasonal farm labor housing, such as a bunkhouse where only sleeping quarters are provided for farmworkers.
      b.   Additional single family dwellings may be allowed on lot in a conservation subdivision or PUD, provided the subdivision or development plan complies with the density requirements of the district and where the single family dwellings are authorized on the plat, if applicable.
   (9)    From Street as defined in BCRC 12-819.
   (10)   Utility structures not exceeding 30 square feet, such as well houses may be permitted within the required street setback, when necessary per applicable utility company or property owner.
   (11)   For legal nonconforming lots or parcels the following setback exceptions may be applied, provided snow storage and stormwater are accommodated on the subject site:
      a.   The minimum property line setback may be reduced to 5 feet for lots/parcels of less than one (1) acre.
      b.   The minimum property line setback may be reduced to 10 feet for lots/parcels larger than 1 acre but less than 5 acres.
   (12)   Setback requirements per this subchapter do not exempt land owners from deeded restrictions or confirm landowners are not building in recorded or prescriptive ingress/egress boundaries. Nothing in this Title shall be construed to relieve an applicant from complying with deeded restrictions, prescriptive easements or legally binding easement boundaries.
   (13)   The minimum property line setbacks for agricultural buildings and other nonresidential structures shall be at least 40 feet, the minimum setback requirements may be reduced to 50 percent of the requirement if acceptable landscaping or screening, approved by the planning director, is provided. Such screening shall be masonry or solid fence between 4 feet and 8 feet in height, maintained in safe condition and free of all advertising or other signs on the residential side of lot or parcel. Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than 20 feet in width, planted with an evergreen hedge or dense planting of evergreen shrubs not less than 4 feet in height at the time of planting. The setback may be reduced to 25 feet from property line or a street. The minimum property line setbacks for agricultural buildings used solely for growing and harvesting crops shall be 5 feet. The minimum street setback for row covers, hoop houses or other membrane covered, season extending structures may be reduced to 15 feet, provided they are not on permanent foundations.
(Ord. 501, 11-18-2008; amd. Ord. 512, 1-6-2010; Ord. 516, 6-9-2010; Ord. 520, 12-8-2010; Ord. 538, 6-26-2014; Ord. 606, 7-14-2020; Ord. 700, 10-11-2023; Ord. 714, 7-24-2024)

12-412: DENSITY AND DIMENSIONAL STANDARDS; SUBURBAN, COMMERCIAL, INDUSTRIAL, RURAL SERVICE CENTER, RECREATION AND ALPINE VILLAGE ZONES:

   TABLE 4-2
   DENSITY AND DIMENSIONAL STANDARDS
Standard
Zoning District
S
C
I
RSC
REC
AV
Standard
Zoning District
S
C
I
RSC
REC
AV
Minimum lot size where all urban services are available
10,000 square feet (1), (2)
See standard (3)
See standard (3)
12,000 square feet (1), (2)
12,000 square feet (1), (2)
12,000 square feet (1), (2)
Urban water only (19)
1 acre (4)
1 acre
1 acre
1 acre
1 acre (4)
1 acre (4)
Urban sewer only
20,000 square feet (4)
20,000 square feet
20,000 square feet
20,000 square feet
20,000 square feet (4)
20,000 square feet (4)
Community LSAS and urban water (19), (20)
1 acre (4)
1 acre
1 acre
1 acre
1 acre (4)
1 acre (4)
Community drainfield and individual well (19), (20)
1 acre (4)
1 acre
1 acre
1 acre
1 acre (4)
1 acre (4)
Minimum lot size where urban sewer and water services are not available (1)
21/2 acres (2), (4), (5)
21/2 acres (2), (5)
21/2 acres (5)
21/2 acres (2), (5)
21/2 acres (2), (4), (5)
21/2 acres (2), (4), (5)
Maximum residential density (if applicable)
1 dwelling unit per minimum lot size (2), (6)
Minimum street setback (7), (8), (9)
25 feet
25 feet (10)
25 feet
25 feet (10)
25 feet (10)
(11)
Minimum property line setback (12), (15), (18)
5 feet
5 feet
5 feet
5 feet
5 feet
15 feet (16)
On premises sign property line or street setback (7), (17)
25 feet
25 feet
25 feet
25 feet
25 feet
25 feet
Maxium lot coverage
35 percent
35 percent
50 percent
35 percent
35 percent
35 percent
 
Requirements Or Exceptions:
   (1)    Cluster lots in a conservation subdivision can be smaller than the minimum lot size for each zone.
   (2)    Density may be increased via conservation subdivision bonus provisions set forth in section 12-637 in this title.
   (3)    Residential density for the C district shall be determined the same as for the minimum standards of the S district.
   (4)    Clustering lots via a conservation subdivision is encouraged to allow for the opportunity to develop at greater density if and when urban services become available. See section 12-636 of this title for more details.
   (5)    Or 1/256 aliquot division of the section minimum site area.
   (6)   Dwellings, not to exceed a total of 3 single family dwellings may be permitted on a single lot or parcel of land; providing, that the lot or parcel is large enough to comply with the density requirements of the zone. The maximum density of dwellings on a single lot or parcel of land shall be calculated using only non-submerged land. For example, 3 single family dwellings may be permitted on a 30,000 square foot lot or parcel with all urban services in the Suburban district. Exceptions:
      a.   The total allowable number of dwellings does not apply to temporary or seasonal farm labor housing, such as a bunkhouse where only sleeping quarters are provided for farmworkers.
      b.   Additional single family dwellings may be allowed on a lot in a conservation subdivision, provided the subdivision complies with the density requirements of the district and where the single family dwellings are authorized on the plat.
   (7)    From Street as defined in BCRC 12-819. 
   (8)    Utility structures not exceeding 30 square feet such as well houses may be permitted within the required property line or street setback, when necessary per applicable utility company or property owner.
   (9)    Street setback exceptions:
      a.   Street setbacks may be reduced where approved and indicated on the final plat of a conservation subdivision or PUD.
      b.   First-floor porches and decks, open and unenclosed on three sides, and attached to the Dwelling Unit, may project up to 8 feet into the street setback.
   (10)   The minimum street setbacks may be reduced to 0 for buildings containing ground floor commercial uses facing the street, provided the following conditions are met:
      a.   A 12 foot wide sidewalk with street trees between the street and walkway is provided.
      b.   The street facade contains transparent windows and doors along at least 50 percent of the facade 3 feet and 8 feet above the sidewalk grade.
      c.   There is a public building entrance off of the sidewalk.
      d.   Street facade features weather protection at least 5 feet in width along at least 50 percent of the facade. Said weather protection could be a building overhang, permanent canopy or awning, or fabric awning, and must be at least 8 feet above the grade of the sidewalk.
      e.   Building location does not conflict with county or state roadway plans.
   (11)   Structures shall be set back at least 35 feet from the centerline of a paved road, but not closer than 5 feet setback from the property line fronting the right of way.
   (12)   Minimum property line setbacks shall be increased to 20 feet where abutting land in the A/F district.
   (13)    Property line setbacks are 5 feet for detached, residential accessory buildings or structures, except where abutting land in the A/F district.
   (14)    The minimum property line setbacks for detached, residential accessory buildings shall be 5 feet.
   (15)    Property line setbacks may be reduced to 0 (only for lots internal to a subdivision) where indicated on the final plat of a conservation subdivision.
   (16)    Structures, including roof overhangs, shall not take up more than 60 percent of lot street frontage.
   (17)    Signs mounted on buildings are subject to all setback requirements contained in this subchapter.
   (18)    The minimum property line setbacks for agricultural buildings and shall be 20 feet.
   (19)   New lots created through any land division process shall include the sanitary restriction lift.
   (20)   Community LSAS or community drain field shall be located on a common lot or tract of land. (Ord. 501, 11-18-2008; amd. Ord. 512, 1-6-2010; Ord. 538, 6-26-2014; Ord. 606, 7-14-2020; Ord. 615, 11-18-2020; Ord. 700, 10-11-2023; Ord. 714, 7-24-2024)

12-420: GENERAL STANDARDS:

   A.   Buildings, Structures: No building or other structure shall hereafter be erected or altered:
      1.   To accommodate or house a greater number of families than permitted by the standards of this title;
      2.   To occupy a greater percentage of lot area than permitted by the standards of this title; (Ord. 512, 1-6-2010)
      3.   To have narrower or smaller rear yards, front yards, side yards or other open spaces than herein required; or in any other manner contrary to the provisions of this title.
   B.   Areas Not Included In Requirements: No part of a yard, or other open space, or off street parking or loading space required about or in connection with any building for the purpose of complying with this title, shall be included as part of a yard, open space or off street parking or loading space similarly required for any other building.
   C.   Yard Reductions: No yard or lot existing at the time of passage of this section shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date hereof shall meet at least the minimum requirements.
   D.   Structure To Have Access: Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off street parking.
   E.   Fences, Walls And Hedges: Notwithstanding other provisions of this title, fences, walls and hedges may be permitted in any required yard, unless otherwise restricted by provisions of this title.
   F.   Parking And Storage Of Certain Vehicles: Any automobile body which is not properly and currently licensed, and is not in operating condition or has not been used for a period of six (6) months or more, whether left on public or private property, and which is offensive to the sight of the community or neighborhood, or to persons passing by on a public thoroughfare, will be considered a public nuisance.
   G.   Temporary Buildings: Temporary buildings, construction trailers, equipment and materials used in conjunction with construction work only may be permitted in any district during the period construction work is in progress, but such temporary facilities shall be removed upon completion of the construction work. Storage of such facilities or equipment beyond the completion date of the project shall require a building location permit or building permit authorized by the planning director.
   H.   Conversion Of Dwellings To More Units: A residence may not be converted to accommodate an increased number of dwelling units unless:
      1.   The yard dimensions still meet the yard dimensions required by the zoning regulations for new structures in that district.
      2.   The lot meets density requirements for the applicable district as stated in section 12-411, table 4-1 or section 12-412, table 4-2 of this chapter.
      3.   The conversion is in compliance with all other relevant codes and ordinances.
   I.   Visibility At Intersections: On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two and one-half feet (21/2') and ten feet (10') above the centerline grades of the intersecting streets bounded by the right of way lines of such corner lots and a line joining points along said street right of way lines twenty five feet (25') from the point of intersection. (Ord. 501, 11-18-2008)
   J.   Projections: All architectural projections such as canopies, eaves, balconies, platforms, decks, carports, covered patios, and similar architectural projections shall be considered parts of the building to which attached and shall not project into any required setback except as otherwise provided by this title. (Ord. 512, 1-6-2010)

12-421: PERFORMANCE STANDARDS FOR ALL USES:

No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises, except that any use permitted by this title may be undertaken and maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits as established by the following performance requirements:
   A.   Fire Hazards: Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire prevention equipment. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential fire danger involved as specified in the international fire code as adopted by the state of Idaho. (See also section 12-487 of this chapter.)
   B.   Radioactivity Or Electrical Disturbance: No activity shall emit harmful radioactivity at any point, or electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance.
   C.   Noise: "Objectionable noise", as defined in this subsection, which is due to volume, frequency or beat shall be muffled or otherwise controlled. Air raid sirens and related apparatus used solely for public purposes are exempt from the requirement. "Objectionable noise" is defined as:
      1.   Residential land use resulting in greater than sixty (60) decibels at the property line of the lot or parcel developed with the residential land use.
      2.   Commercial land use resulting in greater than sixty five (65) decibels at the property line of the lot or parcel developed with the commercial land use.
      3.   Industrial land use resulting in greater than seventy (70) decibels at the property line of the lot or parcel developed with the industrial land use.
   D.   Vibration: No vibration shall be permitted which is discernible without the use of vibration detection instruments on any adjoining lot or property.
   E.   Air Pollution: Any use must be operated and maintained in conformance with the minimum air pollution control standards and regulations established by the health authority.
   F.   Reserved.
   G.   Water Pollution: Any use must be operated and maintained to conformance with the minimum water pollution control standards and regulations established by the health authority.
   H.   Enforcement Provisions: The planning director, prior to giving zoning approval, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.
   I.   Measurement Procedures: Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American Standards Institute, New York; the Manufacturing Chemists' Association, Inc., Washington, D.C.; the United States bureau of mines; and the health authority. (Ord. 501, 11-18-2008)

12-430: PURPOSE:

The purpose of this subchapter is to provide adequate parking spaces for uses. (Ord. 501, 11-18-2008)

12-431: PARKING STANDARDS:

   A.   Requirements: Parking spaces required shall be exclusive of drives and access lanes and each space will be provided with adequate ingress and egress.
   B.   Size Of Parking Spaces: Parking spaces shall be no less than two hundred (200) square feet in area.
   C.   Unspecified Uses: Parking for unspecified uses shall be determined by the planning director. Requirements for such unspecified uses shall be based on the requirements for the most comparable use pursuant to the "Standard Industrial Classification Manual" or the North American industry classification system, as amended, modified or superseded.
   D.   Handicapped Parking: Handicapped parking shall be provided consistent with the Americans with disabilities act, where applicable.
   E.   Cooperative Off Street Parking: Any two (2) or more uses may establish cooperative off street parking where it can be established to the satisfaction of the planning director that the hours of traffic generation on the part of the different land uses are at nonoverlapping times of the day based on hours of operation. In that case, the off street parking provisions for each can be credited to the same off street parking areas provided cooperatively. All shared parking and mutual easements shall be recorded and a copy provided to the planning department.
   F.   Gross Area Determination: In determining the gross area required for an off street parking lot requiring a specified number of parking spaces, including driveways and aisles, two hundred fifty (250) square feet per parking space shall be used. (Ord. 501, 11-18-2008)

12-432: MINIMUM OFF STREET PARKING REQUIREMENTS:

   A.   For the purposes of defining off street parking, the floor area shall exclude areas devoted exclusively to circulation or service, such as storage, restrooms, corridors, hallways, entries, stairways, elevators, equipment/utility rooms, kitchens not to be occupied by clientele, and other areas for utility purposes not connected with general conduct of business for which office or sales space is provided.
   B.   Off street parking areas shall contain the minimum number of parking spaces stipulated in table 4-3 following, plus adequate stopping or parking areas for service vehicles, as specified in subsection C of this section. Standards associated with a particular use are identified by numbers in parentheses. Standards are listed below the table. A use that is similar to any of the below referenced uses shall adhere to the minimum parking requirements for the referenced use or uses. The planning director shall determine the minimum parking requirements for service vehicles and for a use that is not referenced in this section based on the most comparable use pursuant to the "Standard Industrial Classification Manual" or the North American industry classification system, as amended, modified or superseded.
   TABLE 4-3
   MINIMUM OFF STREET PARKING REQUIREMENTS
Use
Minimum Requirement
Proximity Of Parking Spaces
Use
Minimum Requirement
Proximity Of Parking Spaces
Residential Uses:
Residential, single-family (1)
2 spaces/dwelling unit
On the same lot as the dwelling unit
Residential, multi-family (1)
 
Within 300 feet of the principal use
Studio
1 space/dwelling unit
1 bedroom
1.5 spaces/dwelling unit
2 or more bedrooms
2 spaces/dwelling unit
Mobile home parks
1 space/homesite
Within 200 feet of the homesite
Cottage housing (2)
1.5 spaces/dwelling unit
Located on the same property as the cottage development
Commercial Uses:
Convalescent center (3)
1 space/4 beds AND
1 space/day shift employee
Within 500 feet of the principal use
Bed and breakfast
2 spaces plus
1 space/room for rent
 
Financial institutions
3 spaces/1,000 square feet floor area
 
Hotels, motels, RV sites (3)
1.25 spaces/unit
Within 500 feet of the principal use
Racetrack
1 space/3 seats (4)
 
Restaurants
8 spaces/1,000 square feet
 
Retail (3)
1 space/250 gross square feet floor area
Within 500 feet of the principal use
Theaters (3)
1 space/4 fixed seats AND
1 space/100 square feet of gross floor area without fixed seats for assembly purposes
Within 500 feet of the principal use
Wholesale sales or service (3)
1 space/200 gross square feet floor area
Within 500 feet of the principal use
Industrial Uses:
Industrial or institutional (3)
1 space/1,000 gross square feet floor area OR
1/2 space/employee, whichever is greater
Within 800 feet of the principal use
Warehouse
1 space/5,000 gross square feet floor area
Within 800 feet of the principal use
Public Uses:
Assembly buildings (e.g., community halls) (3)
1 space/100 gross square feet floor area
Within 500 feet of the principal use
Churches, synagogues and temples
1 space/4 fixed seats AND
1 space/50 square feet of gross floor area without seats for assembly purposes
 
Community docks and marinas
0.5 space/boat slip (5)
 
Golf courses (excluding clubhouses) (3)
4 spaces/tee AND
1 space/tee for driving ranges
Within 500 feet of the principal use
Hospitals (3)
1 space/2 beds AND
1 space/employee
Within 500 feet of the principal use
Schools (daycare, preschool and kindergarten) (3)
1 space/10 students AND
1 space/employee or teacher
Within 500 feet of the principal use
Schools (elementary) (3)
1 space/5 students AND
1 space/employee or teacher
Within 500 feet of the principal use
Schools (secondary and vocational) (3)
1 space/3 students AND
1 space/employee or teacher
Within 500 feet of the principal use
 
Standards:
   1.    Vehicles, to include automobiles, recreational vehicles, boats or campers that are to be parked or stored for a period exceeding 48 hours, shall be located on the same lot as the use they are intended to serve. The subject vehicles must be outside of the required front yard.
   2.    Parking for cottage housing shall be: a) screened from public streets and adjacent residential uses by landscaping or architectural screening; b) located in clusters of not more than 5 adjoining spaces; c) prohibited in required minimum front and interior side yards; and d) a pitched roof design is required for all detached parking structures.
   3.    Industrial, institutional and commercial uses shall be provided with off street loading spaces, exclusive of access areas, of not less than 12 feet in width. Loading spaces shall not project into public rights of way or setback areas.
   4.    Parking to be provided with a security type fence and a suitable dust prevention type of road surfacing.
   5.    25 percent of parking spaces arranged as tandem spaces not less than 10 feet by 40 feet.
   C.   Commercial uses will be provided with off street loading spaces, exclusive of access areas, of not less than twelve feet (12') in width. Loading spaces shall not project into public rights of way or setback areas. (Ord. 501, 11-18-2008)

12-433: PARKING LOT PATHWAY STANDARDS:

See subsection 12-453C of this chapter for applicable parking lot pathway standards. (Ord. 501, 11-18-2008)

12-434: PARKING LOT LANDSCAPING STANDARDS:

See subchapter 4.6 of this chapter for applicable parking lot landscaping standards. (Ord. 501, 11-18-2008)

12-440: PURPOSE:

   A.   To encourage signage that is both clear and of appropriate scale for the project.
   B.   To encourage quality signage that contributes to the character of the area. (Ord. 501, 11-18-2008)

12-441: GENERAL STANDARDS:

   A.   All signs erected, altered or maintained pursuant to this title will comply with the regulations herein, except for political signs or posters, traffic control signs and directional signs maintained by government entities.
   B.   No sign or advertising structure shall be attached, installed or erected as to affect in any manner an emergency access, fire escape, door or window.
   C.   All signs shall be plainly marked with the name of the person, firm or corporation responsible for maintaining the sign. (Ord. 501, 11-18-2008)
   D.   Signs shall be limited in subject matter to products, an object, a place, persons, institutions, businesses, services or activities occurring on the premises, except as otherwise provided for in this chapter. With the permission of the property owner, off premises, temporary event signs or banners are permitted in all zoning districts, for up to a maximum of thirty (30) days total during one calendar year, in connection with a single temporary event. (Ord. 538, 6-26-2014)
   E.   Freestanding signs, building mounted signs, or combination thereof, in an aggregate size not to exceed ninety six (96) square feet in area, shall be allowed, provided no individual sign exceeds sixty four (64) square feet in area. (Ord. 501, 11-18-2008)

12-442: ILLUMINATION STANDARDS:

   A.   Illuminated signs or lighting devices shall not be placed in such a manner as to permit beams and illumination therefrom to be directed or beamed upon a public thoroughfare, highway, sidewalk or navigable water.
   B.   All internally illuminated signs are prohibited, except for neon signs, dark opaque signs where light only shines through the individual letters, and logos no more than ten (10) square feet in size.
   C.   Externally illuminated signs that are downwardly directed are encouraged.
   D.   All wiring, fittings and materials used in the construction, connection and operation of electrically illuminated signs or advertising structures shall be in accordance with the provisions of all electrical codes established by the state of Idaho. (Ord. 501, 11-18-2008)

12-443: SIGN STANDARDS FOR NONRESIDENTIAL USES IN COMMERCIAL, INDUSTRIAL, RECREATION, ALPINE VILLAGE, AND RURAL SERVICE CENTER ZONE DISTRICTS:

   A.   Not more than two (2) signs may be installed to identify a business, service, product, person, accommodation or activity. Businesses located on street corners may use up to three (3) signs.
   B.   Table 4-4 of this section provides dimensional standards for freestanding signs.
   TABLE 4-4
   DIMENSIONAL STANDARDS FOR FREESTANDING SIGNS
 
Type Of Frontage Road
State Highway With Speed Limit Posted 55 Miles Per Hour Or More
All Other State Highways
All Other Roads
Maximum height, measured at grade
10 feet
8 feet
8 feet
Maximum area
64 square feet
50 square feet
40 square feet
Minimum separation of freestanding signs along a street (includes neighboring property)
150 feet
150 feet
100 feet
Landscaping
1 square foot of landscaping around base per sign area per each 0.5 square foot of sign area (see subchapter 4.6 of this chapter for other applicable landscaping standards). A rock or masonry base or other natural landscape materials may be substituted as approved by the planning director.
 
 
   C.   Building mounted signs shall not project above the eaves line or parapet wall of the building to which it is affixed.
   D.   Moving, rotating or flashing signs, or parts thereof, are prohibited, with the exception of time and temperature displays.
   E.   Portable or sandwich board signs are prohibited.
   F.   Should any sign not comply with regulations, or be unsafe to property or persons, the owner shall, upon receipt of notice from the planning director, conform with regulations, put the sign in safe and secure condition or remove the sign at once. (Ord. 501, 11-18-2008)

12-450: PURPOSE:

   A.   To preserve and enhance the rural character and natural resource amenities of the county.
   B.   To encourage clustered development and discourage sprawl and strip development.
   C.   To enhance the character of commercial and multi-family areas.
   D.   To provide an integrated community transportation system wherever possible.
   E.   To develop a system of bike and pedestrian pathways as commercial areas of the county develop.
   F.   To preserve rural dark skies by reducing nighttime glare and light pollution. (Ord. 501, 11-18-2008)

12-451: APPLICABILITY:

The standards in section 12-453 of this chapter shall apply to all new development in the commercial, industrial where commercial uses and services are proposed, and rural service center districts and all other commercial, multi-family, public and industrial development in other zoning districts unless otherwise noted. (Ord. 512, 1-6-2010)

12-452: SITE AND BUILDING PLANS:

The applicant shall submit site and building plans through the applicable permit process detailed as necessary to demonstrate how the standards in section 12-453 of this chapter have been met. (Ord. 501, 11-18-2008)

12-453: STANDARDS:

   A.   Sidewalk/Pathway Standards: Provide a sidewalk or pathway paralleling or nearly paralleling the street along the front edge of the property for all new developments and any building addition where the value of the addition equals or exceeds fifty percent (50%) of the market value of the existing structure and/or site improvements as determined by the Bonner County assessor's office over any five (5) year time period. The sidewalk/pathway may be built within the public right of way (where authorized by the applicable agency) or on private property and shall be at least six feet (6') in width (except where greater widths are specifically set forth in the Bonner County trails plan). Where the sidewalk/pathway is provided on private property, an easement at least fifteen feet (15') in width allowing for public access is encouraged. For subdivisions in applicable zoning districts, the easement shall be noted on the plat, and the sidewalk/pathway constructed prior to final plat approval. The sidewalk/pathway shall be constructed with an all weather surface per specifications in the Bonner County trails plan or as approved by the planning director. The planning director may grant an exception to the above requirement if the following criteria are met, as determined by the planning director:
      1.   Adjacent property or properties along the applicable street frontage are not zoned for commercial uses.
      2.   For sites with multiple buildings fronting the street, a pathway along the street linking the two (2) buildings shall be required, but trail connections to the adjacent properties will not be required where subsection A1 of this section is applicable.
      3.   Sites at the end of dead end road where pedestrian connections beyond the road are not possible or desirable.
For all exceptions above, except subsection A3 of this section, the development shall be positioned in a way that allows for trail construction along the front edge of the property (or within the right of way adjacent to the front property line) in the future.
   B.   Pedestrian Connections: Provide walkways connecting all on site commercial and multi-family buildings with each other and the street for all new developments and any building additions where the value of the additions equals or exceeds fifty percent (50%) of the market value of the existing structure and/or site improvements as determined by the Bonner County assessor's office over any five (5) year time period. For other additions or improvements, pathways shall be provided to connect any new structures with existing structures, as determined by the planning director. Buildings/uses where little or no pedestrian traffic is anticipated may be exempted from this requirement. Walkways must be clearly delineated from vehicular access and other areas by curbs, landscaping, or other elements as approved by the planning director. Walkways shall be at least four feet (4') in width or wider where greater pedestrian activity is anticipated. The pathways shall be constructed with an all weather surface.
   C.   Parking Lot Pathways: Large new or expansion of existing developments must provide specially marked or paved walkways through parking lots. Specifically, walkways should be provided every four (4) rows and a maximum distance of one hundred fifty feet (150') shall be maintained between paths. Parking lots less than one hundred fifty feet (150') wide or long are exempt from this requirement. Pathways must be at least five feet (5') in width and constructed with an all weather surface. The pathway must be separated from vehicular traffic by an elevation change, change in surface material or color, or other treatments as approved by the planning director. Where possible, the pathways shall be aligned to connect with major building entries or other destinations. The pathways shall conform to the minimum Americans with disabilities act (ADA) requirements as established by the federal government.
   D.   Parking Location Guidelines: New developments are encouraged to locate parking areas to the side or rear of buildings. For large sites (more than 2 acres), developments are encouraged to limit parking areas to no more than fifty percent (50%) of the lot frontage (other areas may be buildings and/or open space). Developments that meet these guidelines qualify for all of the following:
      1.   Landscaping buffers between any parking lot and a street may be reduced by fifty percent (50%) in width.
      2.   Minimum front yard requirements may be reduced by fifty percent (50%).
      3.   Setbacks for freestanding signs may be reduced to five feet (5').
   E.   Main Building Entry Standards For Commercial Uses: Weather protection at least four feet (4') deep shall be provided over all building entries. Accessory building entrances, service only entrances and secondary residence entrances are exempted from this requirement. Building entry standards are strongly recommended for industrial uses.
FIGURE 4.2
ILLUSTRATING DESIGN STANDARDS AND GUIDELINES FOR
COMMERCIAL AND MIXED-USE DEVELOPMENT
 
   F.   Lighting Standards:
      1.   Lighting shall be directed downward to the intended area to be lighted. All exterior lighting fixtures shall incorporate cutoff shields to prevent spillover into residential areas. Broadcast lighting fixtures that project lighting outward rather than downward are discouraged. Outdoor lighting shall be arranged so that the light is directed downward and away from adjoining properties. Temporary high intensity construction lights should be oriented so as to reduce or eliminate glare onto adjoining properties.
      2.   Freestanding light fixtures shall be limited to fourteen feet (14') in height.
      3.   Vehicular roadway and highway lighting shall be subject to the county requirements.
      4.   Mercury vapor light fixtures are prohibited.
      5.   When using decorative miniature lighting strings, bulbs larger than eleven (11) watts each shall not be used. Low wattage, light emitting diode devices and other lighting that reduces electrical use is encouraged.
      6.   Backlit awnings are prohibited.
The above lighting standards are encouraged for single- family uses in all zones.
   G.   Blank Wall Treatment Standards: Untreated "blank walls", as defined in section 12-802 of this title, adjacent to a street or customer/resident parking areas are prohibited. The intent is to add visual character of commercial and multi-family areas and add visual interest. Proposed methods to treat blank walls shall be submitted at the time of building location permit or building permit and shall include one or more of the following:
      1.   Transparent windows or doors.
      2.   Display windows.
      3.   Landscaped bed at least five feet (5') wide in front of the wall with planting materials sufficient to obscure at least fifty percent (50%) of the wall surface within three (3) years.
      4.   A vertical trellis in front of the wall with climbing vines or other plant materials. The trellis must be of sufficient size to enable plant materials to cover at least fifty percent (50%) of the wall surface within three (3) years.
      5.   Special architectural design features and/or use of materials that add visual interest and mitigates the visual impact of a blank wall. Developers are encouraged to incorporate landscaping elements in front of portions of the wall.
      6.   Other methods that add visual interest and mitigate the visual impact of a blank wall as approved by the planning director.
For blank walls that are longer than one hundred feet (100'), a combination of treatments are encouraged to add visual interest to commercial and multi-family areas.
FIGURE 4.3
BLANK WALL AND EXAMPLE BLANK WALL TREATMENT
 
   H.   Maximum Building Width: For all building facades adjacent to a street or customer/resident parking areas, the maximum building width shall be one hundred twenty feet (120'). The planning director may grant exceptions to the maximum building width, provided the building design complies with the following options:
      1.   The building features vertical building modulation so that it reduces the perceived scale of the building or makes it appear that it is two (2) separate buildings. To achieve this, the depth of vertical modulation must be at least twenty feet (20') and the width of the vertical modulation must be at least thirty feet (30'). Two (2) examples of how this is achieved is illustrated in figure 4-4 of this section.
      2.   Other treatments that successfully reduce the perceived scale of the building or make it appear that it is two (2) separate buildings as per the planning director. Examples include articulation techniques (repeating window patterns, changes in building materials or architectural detailing, or roofline modulation) that break the scale of the building down into components that are less than one hundred twenty feet (120') in width.
FIGURE 4-4
MAXIMUM FACADE WIDTH STANDARDS AND EXCEPTIONS
 
   I.   Recreational Space For Multi-Family Developments: Multi-family developments featuring more than four (4) dwelling units shall provide at least two hundred fifty (250) square feet of on site recreational space per dwelling unit. Examples of on site recreational space include landscaped courtyards, centralized lawn areas that can be used for informal recreational activities, common or private decks or balconies, or children's play areas. Such space shall be located, designed and maintained per the following:
      1.   Space shall be placed in a dedicated recreation tract or area if developed in conjunction with a planned unit development or subdivision.
      2.   Space shall be maintained by the landowner, homeowners' association, or other incorporated organization or private organization formed to provide long term care of the recreational space.
      3.   Space shall be centrally located in an area that is visible from two (2) or more of the proposed dwelling units.
      4.   Space contains physical conditions that allow for active and passive recreation. For example, slopes should generally be less than five percent (5%), soils and hydrological conditions should be compatible with desired active and passive recreational activities.
      5.   Space shall have no dimension less than thirty feet (30') except for trail segments and balconies.
      6.   Balconies and private decks may qualify for up to fifty percent (50%) of the required recreational space.
      7.   Required setback areas shall not be counted as on site recreational space unless the planning director finds that the design of the space will be usable for active and/or passive recreational activities.
      8.   Space shall feature landscaping and other amenities to make the area usable for active and/or passive recreational activities.
      9.   Large developments are encouraged to provide a range of activities that accommodate a range of age groups.
Exceptions: Developments in the alpine village district shall be exempted from these requirements. Also, developments in conservation subdivisions, where indicated on the final plat, may use common open space to meet these requirements where the applicant can successfully demonstrate that the design of the common open space will meet the recreational needs of residents.
   J.   Outdoor Storage: Outdoor storage of commercial and industrial materials:
      1.   Will be screened from view from any existing adjoining residence or residential zoned area, whether or not such property is separated by an alley or street per landscaping standards in subchapter 4.6 of this chapter.
      2.   Will not be located in any front yard setback.
   K.   Solid Waste, Recycling Collection Areas: All solid waste and recycling collection areas for commercial, industrial and multi-family residential uses:
      1.   Shall be located to minimize visibility from the public and adjacent nonindustrial uses. Service elements should generally be concentrated and located where they are designed for easy access by service vehicles and for convenient access by tenants.
      2.   When visible from a street or resident/customer parking area, the receptacles shall be enclosed on at least three (3) sides by a solid wall or fence of at least six feet (6') in height, or within an enclosed building. Screen fences should be made of masonry, ornamental metal or wood, or some combination of the three (3). The use of chainlink, plastic or wire fencing is prohibited.
      3.   Shall be animalproofed. (Ord. 501, 11-18-2008)

12-454: COMPLETION OF REQUIRED IMPROVEMENTS:

Completion of required improvements per section 12-453 of this subchapter shall be required prior to occupancy. (Ord. 501, 11-18-2008)

12-460: PURPOSE:

   A.   To reduce the visual impacts of parking and storage areas on the street and adjacent properties.
   B.   To enhance the character of commercial and multi-family areas.
   C.   To provide visual screens and barriers as a transition between differing land uses.
   D.   To promote the use of native and drought tolerant species appropriate for the region.
   E.   To provide increased areas for permeable surfaces to allow for infiltration of surface water into groundwater resources, reduce the quantity of stormwater discharge and improve the quality of stormwater discharge. (Ord. 501, 11-18-2008)

12-461: APPLICABILITY:

The standards in this subchapter shall apply to all new development in the commercial, industrial and rural service center districts and all other commercial, multi-family, public and industrial development in other districts unless otherwise noted. For remodels or additions, the standards in this subchapter shall apply where the value of the additions equals or exceeds fifty percent (50%) of the market value of the existing structure and/or site improvements as determined by the Bonner County assessor's office over any five (5) year time period. For other additions or remodels, the landscaping standards shall only apply to the specific areas being improved. For instance, if a commercial use is adding additional parking, the new parking area must feature landscaping per the standards in this subchapter. (Ord. 512, 1-6-2010)

12-462: LANDSCAPING PLAN REQUIRED:

A landscape plan shall be submitted with all new development requiring a building location permit, or building permit or conditional use permit. Such landscape plan shall be drawn to scale and include the following information:
   A.   Boundaries and dimensions of the site.
   B.   Identification of all species and locations of existing trees that are to be retained.
   C.   Location and identification of all proposed plantings.
   D.   Location and design of areas to be landscaped, buffered and maintained.
   E.   Type, location and design of proposed irrigation.
   F.   Plant list or schedules with common name, quantity, spacing and size of all proposed landscape material at the time of planting.
   G.   Location and description of other landscaping improvements, such as earth berms, furniture, fences, lights and paved areas.
   H.   Methods of protecting existing vegetation during construction.
   I.   Planting/maintenance schedule. (Ord. 501, 11-18-2008)

12-463: LANDSCAPING STANDARDS AND GUIDELINES:

   A.   Applicants are encouraged to integrate the existing on site trees and native vegetation (if applicable) into the design of the site. Retention of the existing on site trees and native vegetation is preferred over new landscaped areas. Where existing trees or other native plant materials are proposed to be retained, the landscape professional should provide supplemental plantings in the area where needed or provide confirmation that existing vegetation meets or exceeds objectives stated in section 12-460 in this chapter. Xeriscaping, or designs for drought tolerant vegetation and low water usage, are encouraged.
   B.   Planting areas should be a mix of evergreen and deciduous shrubs whose height and width will be proportionate to the area being planted, except where otherwise noted in this subchapter.
   C.   Trees, shrubs, ground covers and/or grasses that are native to northern Idaho and are appropriate to the conditions of the site are preferred. Appendix B of this title provides a list of native plants and their landscape uses. Nonnative plants may be considered, provided they are appropriate to the region and not invasive.
   D.   Landscape plans shall demonstrate that the vegetation will not visually block lines of sight for vehicles or pedestrians or obscure businesses with landscape material that will be too large for the site at maturity.
   E.   Ground cover material should cover seventy percent (70%) of the soil in one growing season or seventy percent (70%) of the soil in three (3) years if mulch is applied until the ground cover fills the designated area. (Ord. 501, 11-18-2008)

12-464: LANDSCAPING TYPES:

   A.   Type A: Landscape type A (evergreen screen) standards:
      1.   For landscaping strips ten feet (10') to fifteen feet (15') wide, trees, shrubs and ground covers per the standards below to result in a total covering of the landscape strip:
         a.   At least one row of evergreen trees, minimum six feet (6') in height and fifteen feet (15') maximum separation.
         b.   Permitted evergreen tree species are those with the ability to develop a minimum branching width of eight feet (8') within five (5) years.
         c.   Shrubs at a rate of one shrub per twenty (20) square feet of landscaped area. Shrubs shall have a minimum container size of two (2) gallons at the time of installation and have a mature height between three feet (3') and four feet (4').
         d.   Ground cover.
      2.   For landscaping strips wider than fifteen feet (15'), trees, shrubs and ground covers per the standards below to result in a total covering of the landscape strip:
         a.   A minimum of one evergreen tree at least six feet (6') in height for every two hundred twenty five (225) square feet arranged in a manner to obstruct views into the property.
         b.   Permitted evergreen tree species are those with the ability to develop a minimum branching width of eight feet (8') within five (5) years.
         c.   Shrubs and ground cover as required in subsection A1 of this section.
FIGURE 4-5
 
   B.   Type B: Landscape type B (mixed buffer) standards:
      1.   For landscaping strips less than fifteen feet (15') wide, trees, shrubs and ground covers per the standards below to result in a total covering of the landscape strip:
         a.   Informal groupings of evergreen (minimum 6 feet in height) and/or deciduous. Deciduous trees shall be a minimum two inch (2") caliper as measured four feet (4') from the root ball at the time of planting. At least fifty percent (50%) of the trees must be evergreen. Trees to be spaced at an average of twenty feet (20') on center, but may be grouped in asymmetrical arrangements.
         b.   Permitted tree species are those with the ability to develop a minimum branching width of eight feet (8') within five (5) years.
         c.   Shrubs at a rate of one shrub per twenty (20) square feet of landscaped area. Shrubs shall have a minimum container size of two (2) gallons at the time of installation and have a mature height between three feet (3') and four feet (4').
         d.   Ground cover.
      2.   For landscaping strips wider than fifteen feet (15'), trees, shrubs and ground covers per the standards below to result in a total covering of the landscape strip:
         a.   At least one tree sized per subsection B1 of this section per three hundred (300) square feet of landscaped area. At least fifty percent (50%) of the trees must be evergreen.
         b.   Tree species, shrubs and ground cover as required in subsection B1 of this section.
FIGURE 4-6
 
   C.   Type C: Landscape type C (see through buffer) standards:
      1.   For landscaping strips five feet (5') to twenty feet (20') wide:
         a.   Trees at twenty feet (20') on center on average. Trees may be clustered to allow greater visibility into the site, where desired by the applicant. Trees shall be a minimum two inch (2") caliper as measured four feet (4') from the root ball at the time of planting.
         b.   Permitted tree species are those that reach a mature height of at least thirty five feet (35').
         c.   Shrubs at a rate of one shrub per twenty (20) square feet of landscaped area. Shrubs shall have a minimum container size of two (2) gallons at the time of installation and have a mature height between three feet (3') and four feet (4').
         d.   Ground cover.
      2.   For landscaping strips wider than twenty feet (20'):
         a.   At least one tree per three hundred (300) square feet of landscaped area or twenty foot (20') separation (on average). Place trees to create a canopy in desired locations without obstructing necessary view corridors.
         b.   Tree species, shrubs and ground cover as required in subsection C1 of this section.
FIGURE 4-7
 
   D.   Type D: Landscape type D (naturalistic buffer) standards:
      1.   Landscaping shall consist of trees, shrubs and ground covers that are native to northern Idaho and are appropriate to the conditions of the site. Species shall be on the plant list found in appendix B of this title.
      2.   Arrangement of plants shall be asymmetrical and plant material shall be sufficient in quantity to cover the soil in one growing season.
      3.   Minimum twenty feet (20') in width if used as a screen or required front yard treatment.
FIGURE 4-8
 
(Ord. 501, 11-18-2008)

12-465: BUFFER REQUIREMENTS:

   A.   Developments shall conform to the landscaping buffer requirements in table 4-5 of this section, where applicable. Where conditions feature more than one landscaping type in the second column, applicants have the option of choosing any of the landscaping types, unless otherwise directed through the PUD or conditional use permit. Additional standards associated with particular buffers are identified by numbers in parentheses. Such standards are listed below the table.
   TABLE 4-5
   BUFFER REQUIREMENTS
 
Site Condition
Landscaping Types
Buffer Width
Parking area adjacent to a street (includes auto, RV and mobile home dealers)
C
25 feet adjacent to a state highway
15 feet adjacent to all other roads
Parking area along side or rear property lines (includes auto, RV and mobile home dealers)
A, B or D (1)
10 feet
Outdoor storage of equipment or materials
A, B (2) or D (2)
20 feet along perimeter of site, except 10 feet in industrial district side and rear yards
Multi-family uses
A, B or D (2)
10 feet along the side and rear perimeter of site
 
Standards:
   1.    20 feet if type D.
   2.    30 feet along perimeter of site if type B or D, except 20 feet in industrial district.
   B.   Exceptions to landscaping buffer requirements in table 4-5:
      1.   See subsection 12-263A in this subchapter regarding the preference to preserve existing native vegetation, where applicable.
      2.   The planning director may allow exceptions to the width and type of landscaping buffer requirements where it can be successfully demonstrated by the landowner or landowner's design professional that the buffer is not needed for privacy to and from current or future adjacent uses due to unique natural conditions on the site. This can include slopes, rock outcroppings or existing native vegetation.
      3.   The planning director may reduce the required width and type of landscaping buffer requirements where they would block desirable views from residential units, as evidenced by photographs, drawings, topographic detail or other proof and such reduction in buffering does not adversely impact the adjoining properties. (Ord. 501, 11-18-2008)

12-466: MAINTENANCE:

All required landscaping shall be permanently maintained in a healthy growing condition by the property owner or the property owner's designee. The property owner shall remove and, if required to meet the standards of this subchapter, shall replace any unhealthy or dead plant material immediately or as the planting season permits. (Ord. 501, 11-18-2008)

12-467: COMPLETION OF REQUIRED IMPROVEMENTS:

Completion of required improvements specified in this subchapter shall be required prior to occupancy. (Ord. 501, 11-18-2008)

12-470: PURPOSE:

   A.   To provide measures to accommodate snowfall in high elevation communities.
   B.   To provide measures to minimize erosion and surface slippage. (Ord. 501, 11-18-2008)

12-471: STANDARDS:

   A.   Plans for retaining wall taller than four feet (4') shall bear the stamp of a structural engineer and shall be submitted at the time of building location or building permit.
   B.   Applicants for building location permits or building permits shall submit a snow management plan to the satisfaction of the agency having jurisdiction over the public or private travelways.
   C.   Applicants for all building location permits or building permits shall submit a grading, stormwater and erosion control plan, containing the minimum requirements of chapter 7, subchapter 7.2 of this title. In addition to the requirements for stormwater management plans, the following shall be addressed in the plan:
      1.   Water resulting from snowmelt on the site.
      2.   Plans to reclaim disturbed ground with native plants having soil holding properties.
   D.   Parking requirements for residential uses shall be two (2) off street spaces per dwelling unit, or one space per one thousand (1,000) square feet of floor area (living space), whichever is more.
   E.   Driveways that do not have a snowmelt system are limited to an eight percent (8%) maximum grade so that they are usable during winter months. All portions of driveways that extend into public rights of way shall be paved and include swales or other treatments acceptable to the agency having jurisdiction over the public or private travelways to protect roadways from excessive water runoff and accumulations. (Ord. 501, 11-18-2008)

12-480: COTTAGE HOUSING:

   A.   Intent:
      1.   To provide a housing type that responds to changing household sizes, ages and interests.
      2.   To create an efficient layout of dwelling units that reduces the development footprint and infrastructure costs.
      3.   To ensure that the overall size, including bulk and mass of cottage structures and cottage housing developments, remains smaller and incurs less visual impact than standard sized single-family dwellings.
      4.   To provide centrally located and functional common open space that fosters a sense of community and a sense of openness in cottage housing developments.
      5.   To provide private area around the individual dwellings to enable diversity in landscape design and foster a sense of ownership.
      6.   To ensure minimal visual impact from vehicular use and storage areas for residents of the cottage housing development as well as adjacent properties.
      7.   To maintain a single-family character along public streets.
   B.   Cottage Development Procedural Options: Cottage development applicants have four (4) procedural options for obtaining approval:
      1.   Applicants intending to retain ownership of all of the units may use the planned unit development process per subchapter 2.5 of this title to allow the development of four (4) or more cottages on a single (or multiple) property.
      2.   Applicants intending to record a condominium plat can use the planned unit development process per subchapter 2.5 of this title and the requirements for condominium projects in subchapter 6.7 of this title.
      3.   Applicants intending to subdivide the individual lots must use the conservation subdivision process and standards set forth in this title.
      4.   The owner or owners of multiple lot or parcels may reconfigure their properties through one of the processes above to create a cottage development.
   C.   Cottage Development Approval: The applicants must demonstrate compliance with all standards in this section. For example, an applicant seeking to create a speculative cottage housing subdivision must demonstrate how the site is designed to accommodate cottage units and open spaces consistent with the standards prescribed herein. The final plats, condominium plans or development plans, thus, shall include building envelopes, building design and other standards pursuant to approval of the particular application.
   D.   Permit Applicants To Comply: Building location permit or building permit applicants for cottage housing unit as approved per subsections B and C of this section shall comply with the requirements in this section.
   E.   Density Bonus: Due to the reduced size of individual cottages, two (2) cottages are permitted for every one dwelling unit. For example, for a property large enough to allow three (3) dwelling units, six (6) individual cottages are allowed, subject to the standards set forth in this section.
   F.   Dimensional Standards: The dimensional standards for cottage housing shall be pursuant to table 4-6 below:
   TABLE 4-6
   COTTAGE HOUSING DIMENSIONAL STANDARDS
Standard
Requirement
Standard
Requirement
Maximum gross floor area
1,500 square feet per dwelling unit.
Maximum gross floor area/ground or main floor
900 square feet per dwelling unit.
Minimum common open space
600 square feet per dwelling unit in the rural district and 400 square feet per dwelling unit in all other districts (see subsection G of this section).
Minimum private open space
200 square feet per dwelling unit (see subsection H of this section).
Maximum building height for cottages with minimum roof slope of 6:12
25 feet subject to all parts of the roof above 18 feet shall be pitched.
Minimum front, side and rear yards
Same as other residential development in applicable zoning districts, except for the rural district, where cottage dwelling units must be at least 100 feet from any property adjacent to the parent tract.
Minimum distance separating structures (including accessory structures)
10 feet
Maximum building height for cottages without roof slope of 6:12 and all accessory structures
18 feet
Clustering groups
Developments shall contain a minimum of 4 and a maximum of 12 dwellings located in a cluster group to encourage a sense of community among the residents. A development site may contain more than one group of cottage clusters.
 
FIGURE 4-9
   G.   Common Open Space Requirements:
      1.   At least fifty percent (50%) of the cottages in a cottage housing development shall abut the required common open space.
      2.   At least two (2) sides of the required common open space shall be abutted by cottages.
      3.   An entrance, preferably the main entrance of cottages, shall face the required common open space.
      4.   Cottage facades facing the required common open space or common pathway shall feature a roofed porch at least sixty (60) square feet in size with a minimum dimension of six feet (6') on any side.
      5.   Cottages shall be within sixty feet (60') walking distance of the required common open space, as measured from the closest architectural projection.
      6.   The common open space shall be sized large enough to include an area with a dimension of no less than thirty feet by thirty feet (30' x 30') completely inside it (see figure 4-9 for example). For example, a twenty foot (20') wide pathway corridor would not be wide enough to meet the size requirements.
      7.   Required common open space shall be maintained by the homeowners' association or other incorporated or private entity formed to ensure long term maintenance of the open space.
   H.   Private Open Space Requirements: Private open space shall be adjacent to each dwelling unit and for the exclusive use of the cottage residents. The private open space shall:
      1.   Be usable (not on a steep slope).
      2.   Be oriented toward the common open space as much as possible.
      3.   Have no dimension less than ten feet (10').
   I.   Garages: Shared garages and parking areas are encouraged. Attached private garages are acceptable if they do not conflict with the development's ability to meet all other standards specified in this section (notably the common open space requirements above).
   J.   Communal Buildings: Communal buildings intended for social, recreational or other use by the residents of the development are acceptable. (Ord. 501, 11-18-2008)

12-481: CONFINED ANIMAL FEEDING OPERATIONS:

   A.   Minimum area: Forty (40) acres.
   B.   Confined animal feeding operations (CAFO), shall be conducted so as to minimize the effects of light, glare, noise, vectors, pests, smoke, odor and dust upon adjacent properties and the surrounding transportation and circulation system.
   C.   The specific provisions of this section control when other portions of this code are inconsistent with provisions of this section. Any action by Bonner County pursuant to this section does not ensure that the applicant is in compliance with any other provisions of applicable local, state and/or federal laws, rules and/or regulations. The provisions of this section are minimum standards, and any more restrictive standards required by other applicable local, state and/or federal laws, rules and/or regulations must be complied with.
   D.   Any and all livestock operations are subject to the following requirements:
      1.   A waste distribution plan for all waste from a livestock operation. Discharge of waste from a property owned or controlled by any livestock operator is prohibited. This applies to any livestock operation, regardless of size or type. Animal waste products, including sprinkled waste, shall not leave the property of the operator, unless the operator has agreed with another party through a recorded agreement or easement to disperse animal waste products on that person's property. Liquid waste treatment lagoon, separators and holding ponds and such dispersal shall meet all local, state and federal guidelines.
      2.   Animal waste shall not be applied to frozen ground.
      3.   Animal waste may be surface applied not closer than three hundred feet (300') from any river, stream, lake, wetland or other bodies of water.
      4.   A comprehensive nutrient management plan, prepared by a certified nutrient management planner, which generally analyzes the effect of the proposed CAFO on surface and subsurface waters. The analysis shall also include and identify, at a minimum, the following: climatic, hydrogeologic and soil characteristics; watershed delineation; a map showing the location of all private and community domestic water wells, irrigation wells, existing monitoring wells and existing injection wells as documented by the Idaho department of water resources (IDWR), or other sources which are within a one mile radius of the proposed CAFO; the location of existing patterns of surface drainage; the depth to groundwater and a potentiometric map for the uppermost and regional aquifer; direction of water flows; estimates and sources of recharge to the uppermost aquifer; characterization of the relationship between the groundwater and adjacent surfaces waters; and a summary of local surface and subsurface water quality including microorganisms, nutrients and pharmaceuticals and organic compounds.
      5.   Odor management and vector and pest control plans which shall utilize current best management practices.
      6.   A waste system design for solid and liquid waste approved by the appropriate state agency regulating solid and liquid waste.
      7.   Water right information including one of the following: evidence that a valid water right exists to supply adequate water for the operation of the proposed CAFO; or a copy of an application for a permit to appropriate water that has been filed with IDWR, which if approved, will supply adequate water for operation of the proposed CAFO; or a copy of an application to change the point of diversion, place, period and nature of use of an existing water right that has been filed with IDWR, which if approved, will supply adequate water for the operation of the proposed CAFO.
      8.   Waste storage on property not a part of the CAFO, i.e., leased or rented property, is required to follow setbacks stated in subsection E of this section.
   E.   Required setbacks for a CAFO:
      1.   All structures and animal confinement areas shall be a minimum of one hundred feet (100') from any public or private right of way or easement or lot line.
      2.   All potable water wells shall be a minimum of three hundred feet (300') from any liquid or solid waste storage facility and a minimum of fifty feet (50') from all animal confinement areas.
      3.   Animal confinement areas shall be one thousand feet (1,000') from any residence not associated with the CAFO if the residence is in existence or under construction at the time the CAFO application is filed. All CAFO corrals or feed yards shall be one thousand feet (1,000') away from the artificial or natural high water mark of any public body of water, canal, lateral or ditch, which might return to any public body of water.
      4.   Liquid waste treatment lagoons, separators, holding ponds, liquid and/or solid waste storage facilities shall be a minimum of fifty feet (50') away from the artificial or natural high water mark of any canal, lateral or ditch which might return to any public body of water, and three hundred feet (300') from any CAFO property line. Composting of animal waste shall be a minimum of one thousand feet (1,000') from any residence not associated with the CAFO. It shall be a minimum of fifty feet (50') from any highway district right of way and fifty feet (50') minimum from the water's edge of any canal, lateral or ditch, and fifty feet (50') from any adjoining neighbor's property line.
      5.   Animal confinement areas, liquid waste treatment lagoons, separators, liquid and/or solid waste storage facilities, and feed storage areas (excluding dry hay and straw storage), shall be a minimum of one thousand feet (1,000') from the boundary between the agricultural/forestry or rural zone district and any other zone district.
      6.   No animal confinement area, liquid waste treatment lagoon, holding pond, waste storage area or composting area shall be located within the boundary of a 100-year flood zone.
      7.   All distance requirements noted in subsections E1 through E6 of this section shall apply equally to new CAFO construction or new residence construction. For example, subsection E3 of this section requires animal confinement areas to be a minimum of one thousand feet (1,000') from existing residences. This requirement also means that new residences (construction begun after permit application for a CAFO) must be located a minimum of one thousand feet (1,000') from the animal confinement areas shown on the CAFO site plan as approved by Bonner County.
   F.   A stormwater management and erosion control plan shall be prepared and submitted concurrently with the application for conditional use permit pursuant to the requirements of subchapter 7.2 of this title.
   G.   Final approval of a CAFO shall reside with the board of county commissioners who shall hold at least one public hearing affording the public an opportunity to comment on each proposed CAFO site. Any "affected person", as defined by Idaho Code section 67-6520, may provide comment. The board may reject a site regardless of the approval or rejection of the site by a state agency.
   H.   Notice of public hearing to consider a CAFO application shall be made in accordance with Idaho Code section 67-6512, with the exception that notices shall be mailed to all property owners within one thousand feet (1,000') of the external boundaries of the land being considered.
   I.   Pastured animals are not considered to be a confined animal feeding operation and, therefore, they do not need a permit, nor are they regulated as to the number of animals that an owner can have on his property, except as otherwise specifically regulated by this title. "Pasture" is defined as land where crops, vegetation or forage growth are sustained in the normal growing season. (Ord. 501, 11-18-2008)

12-482: MINING:

   A.   A reclamation plan approval by the Idaho department of lands shall be applied for, and a copy of the application shall accompany the application for the conditional use permit. Temporary and permanent landscaping and safety fencing shall be provided around all excavations in urban areas. A site plan for the entire parcel shall be submitted with the application identifying the location of any pits, stockpiles, hauling roads, processing facilities, equipment or material storage, fencing, screening and any other pertinent features. A reclamation plan shall also be submitted showing the condition and topography of the land after material and structures have been removed. A grading/stormwater management plan shall be prepared and submitted concurrently with the application for conditional use permit pursuant to the requirements of subchapter 7.2 of this title.
   B.   The mined area shall not be located closer to the nearest property line or public right of way than a horizontal distance equal to one and one-half (11/2) times the vertical depth of the mined area at any given point, except that steeper slopes may be permitted where certified by an Idaho licensed engineer. In no instance shall the actual mined area extend to within sixty feet (60') of the nearest property line or public right of way. Drainage from areas disturbed by surface mining shall be filtered, treated and contained on site.
   C.   The landowner (applicant) shall apply dust abatement (magnesium chloride or other suppressants acceptable to Bonner County) to the private, nonpaved easement and the haulage road on a yearly and/or as needed basis, at no cost to Bonner County.
   D.   No debris from the mining operation shall be placed or tracked onto the public rights of way by vehicles used for the operation, to the satisfaction of the transportation agency having jurisdiction over the adjacent roadways.
   E.   Fugitive dust shall be controlled by the applicant at all times to the satisfaction of the Idaho department of environmental quality and consistent with the approved fugitive dust control plan.
   F.   The applicant shall comply with all requirements of the reclamation plan approved by the Idaho department of lands.
   G.   All retail sales of materials on the site are prohibited.
   H.   The signs on the site shall comply with the standards of subchapter 4.4 of this title.
   I.   The applicant shall install and maintain hazard fencing and signing to warn of the mining danger, to the satisfaction of the Bonner County Planning Department.
   J.   The applicant shall maintain or restore vegetative buffering of the site, where feasible. (Ord. 501, 11-18-2008)

12-483: ART, PERFORMING ARTS AND RECORDING STUDIOS:

   A.   The site shall contain sufficient land area to accommodate the proposed use. The use and any appurtenant structures shall be arranged as to minimize any adverse impacts, including noise, dust or other nuisance factors, to adjacent properties.
   B.   Where access to the site is by road, the road shall meet minimum private road standards set forth in appendix A of this title.
   C.   Associated lodging facilities are permitted only for those artists and their technical staff members who are actively engaged in recording or production, provided they are available for a period not to exceed two (2) weeks. Such lodging facilities must be in a detached single-family structure containing no more than five (5) rooms and two thousand (2,000) square feet of floor area. Sites within the Commercial, Industrial, and Rural Service Center Districts are exempt from this requirement.
   D.   Adequate water supplies for fire suppression, as determined by the applicable Fire District Chief or agency providing fire protection, shall be provided.
   E.   Accessory uses, such as pools and spas, shall conform to regulations set by the State of Idaho.
   F.   Food service facilities shall conform to regulations set by the State of Idaho.
   G.   Health and safety requirements shall conform with adopted codes based upon the occupancy and type of construction.
   H.   Liquor shall not be available for sale by the drink within the establishment.
   I.   Sufficient off street parking for artists and their technical staff members shall be provided. (Ord. 501, 11-18-2008; amd. Ord. 512, 1-6-2010; Ord. 607, 7-22-2020)

12-484: VACATION RENTALS:

   A.   Intent: To provide a process for the use of vacation rentals in Bonner County to safeguard the public health, safety and general welfare, to protect the character of residential areas ensuring compatibility with surrounding residential uses that will not materially alter the neighborhoods in which they are located.
   B.   Vacation Rental Permit Procedures: A vacation rental permit approval by the Planning Director is subject to the procedures set forth in this section.
      1.   Vacation Rental Permit Procedures: No structure, dwelling or dwelling unit or portion thereof shall be used as a vacation rental until an application for a vacation rental permit has been reviewed and approved by the Planning Director or designee. The application shall include the following:
         a.   The name of the landowner/applicant.
         b.   The address of the property and property number.
         c.   The name and telephone number of the local representative.
         d.   The maximum occupancy requested.
         e.   A parking plan to show the number of off-street parking spaces provided on the property and the maximum number of vehicles allowed to be parked on the property.
         f.   The solid waste disposal collection day.
         g.   The name of the fire district in which the vacation rental resides if applicable.
         h.   Site plan showing the location of all property lines and structures on the property.
         i.   Any additional material needed for a complete review of the application, as determined by the Planning Director.
         j.   Fees as determined by the Board of County Commissioners.
   C.   Vacation Rental Standards:
      1.   Permit: The vacation rental permit shall be issued for one (1) year. The Planning Department shall issue the permit where it finds the application requirements and the requirements of this section have been met, and upon payment of the "permit fee" in an amount as determined by the Board of County Commissioners.
         a.   To renew a vacation rental permit, the holder shall submit for renewal on a form provided by the County together with the renewal fee.
         b.   The renewal request shall be submitted no sooner than sixty (60) days prior to the expiration of the vacation rental permit. A permit for which a renewal application is not timely submitted shall automatically expire.
         c.   If a permit has expired, a new application shall be required.
         d.   All current standards of this section, as existing and amended on the submission date of the application for renewal, shall be met in order obtain the vacation rental permit renewal.
         e.   Any residential dwelling in the County may be rented without a permit for no more than fourteen (14) days per calendar year, where those fourteen (14) days are divided into no more than two (2) stays.
      2.   Ownership: A vacation rental permit is issued to a specific owner of a property in the applicable zone. If the property holding a vacation rental permit is sold, the vacation rental permit shall immediately expire. Vacation rental permits shall not be transferred between landowners, either by sale or any other means.
      3.   Occupancy:
         a.   The maximum occupancy for a vacation rental shall be two (2) persons per bedroom plus an additional two (2) persons up to a total of twenty (20) persons, regardless of age. The maximum occupancy shall also be limited by available off-street parking as set forth in this section, whichever is less. If the cumulative total occupancy exceeds twenty (20) persons allowed per lot or parcel, a High Occupancy Vacation Rental permit is required.
         b.   No recreational vehicle, travel trailer or other temporary shelter or accessory building shall be used as a vacation rental or in conjunction therewith to provide additional sleeping areas or otherwise, except for structures permitted as Recreational Vehicle Dwelling Units pursuant to section 12-496 which are connected to septic or sewer.
      4.   High Occupancy Vacation Rental Permit: An application with a proposed cumulative total occupancy exceeding twenty (20) persons people per lot or parcel shall be reviewed against the following:
         a.   Adequate evidence shall be provided to demonstrate that the use and any appurtenant structures are so arranged on the land as to minimize any adverse effects on surrounding properties, and that the use will not create particular hazards to adjacent properties.
         b.   Performance Standards For All Uses as found in section 12-421.
         c.   The Planning Director may, at any time during the review of a High Occupancy Vacation Rental Permit, forward the application to the Hearing Examiner or Zoning Commission for a public hearing and decision in accordance with the public hearing process in section 12-267. The Planning Director shall evaluate whether granting the permit will be consistent with the standards listed in this subchapter.
      5.   Access: Approval shall be obtained from the agency having jurisdiction over the access serving the site.
      6.   Parking: One off-street parking space shall be provided for each three (3) persons of occupancy in a vacation rental. No more vehicles shall be parked on the property than there are designated off-street parking spaces. Inability to provide the required off-street parking will reduce the permitted occupancy. The site plan submitted with a vacation rental permit application shall clearly identify the location of the required off-street parking. All accessory uses and additional parking in conjunction with the vacation rental shall be located off-street. On street parking in connection with a vacation rental is prohibited.
      7.   Solid Waste Disposal: The property owner/owner's representative or a waste collection provider shall provide weekly solid waste collection during all months that the vacation rental is available for rent.
      8.   Permit Posting: The vacation rental permit shall be posted within five feet (5') of the front door of each dwelling unit, on the inside of the dwelling unit, and contain the following information.
         a.   The name and telephone number of the local representative.
         b.   The name and mailing address of the owner.
         c.   The contact information for the Planning Department and the Sheriff's Office in Bonner County.
         d.   The maximum occupancy permitted.
         e.   The parking plan with the number of off-street parking spaces provided on the property. The posted parking plan shall be in the form a clear and legible site plan and shall show all structures on the property and all designated parking spaces on the property.
         f.   The solid waste disposal collection day.
         g.   Rules of the area, Homeowners Association rules, etc. Bonner County will not enforce Homeowners Association rules or Covenants, Conditions and Restrictions.
         h.   Boating and recreational rules.
      9.   Signs/Advertising: One on premises sign not in excess of six (6) square feet, shall be permitted. All advertising for the vacation rental shall include the County permit number, maximum occupancy, and the maximum number of vehicles accommodated by off-street parking spaces.
      10.   Zoning: All vacation rentals shall conform to the zoning in which they are located including and up to floodplain permitting, shoreline regulations and other applicable building location permits.
      11.   Inspection: the County may require an inspection to verify compliance the County standards, upon complaint of non-compliance, or in relation to other enforcement actions.
   D.   Local Representative:
      1.   Local Representative: The owner of the property shall designate a "local representative". The local representative must be either the owner or other individual person who resides permanently within ninety (90) minutes of the property or; a legally operating resort, bed and breakfast establishment, or property management company.
      2.   Change Local Representative: The local representative may be changed by the owner from time to time throughout the term of the permit, by the owner filing a written notice that includes the name, address and telephone number of the new local representative.
      3.   Notification Of Change: Failure to notify the County within thirty (30) days of a change in the local representative constitutes a violation and is grounds for a penalty pursuant to this section.
      4.   Complaints: The local representative must be authorized by the owner to respond to questions or concerns from the occupants or neighbors. The local representative shall serve as the initial contact person if there are questions or complaints regarding the operation of the property as a vacation rental. The local representative must respond to those complaints within seven (7) business days to ensure that the use of the property complies with the standards for vacation rental occupancy, as well as other pertinent County Code requirements pertaining to noise, disturbances, or nuisances, as well as State law pertaining to the consumption of alcohol, or the use of illegal drugs.
      5.   Neighbor Notification: The County shall notify property owners and residents within three hundred feet (300') of the property of the issuance of the permit and associated information. The purpose of this notification is so that adjacent property owners and residents can contact the local representative and/or owner to report and request the resolution of problems associated with the operation of the vacation rental.
   E.   Violations:
      1.   Violations: Failure to comply with the occupancy limits or other requirements of the vacation rental permit and/or this section, shall constitute a violation. Disturbances or nuisances caused by the occupants (and their invited guests) of a vacation rental that violate Bonner County Revised Code or State Law, IC 18-6409, shall also constitute a violation.
      2.   Revocation:
         a.   The Planning Director is hereby authorized to revoke any vacation rental permit, issued under the terms of this section, if, after due investigation, it is determined that the holder thereof has received three (3) violations in a twelve (12) month period.
         b.   A failing septic system, as identified by Panhandle Health District, shall result in a suspension of the vacation rental permit. Once the landowner has obtained approval of the repaired septic system the suspension shall be lifted. Operating a vacation rental with a suspended permit shall result in a revocation of the vacation rental permit.
         c.   If a vacation rental permit is revoked, the landowner or their representative may not reapply for a vacation rental permit on the subject property for a period of one (1) year from the date of revocation.
         d.   The applicant may appeal the Planning Director's decision to revoke a vacation rental permit to the Board of County Commissioners, pursuant to the provisions of section 12-261 of this title.
(Ord. 574, 10-25-2017, eff. 1-1-2018; amd. Ord. 581, 10-24-2018; Ord. 590, 6-12-2019; Ord. 607, 11-18-2020; Ord. 707, 3-13-2024)

12-485: MOBILE HOME PARKS:

   A.   Each mobile home shall be located at least twenty five feet (25') from any park property line.
   B.   A mobile home may not be located closer than twenty feet (20') from any other mobile home or permanent building within the mobile home park. A mobile home accessory building shall not be closer than ten feet (10') from a mobile home or building on an adjacent lot.
   C.   Each mobile home lot within a mobile home park shall have direct access to a park street. The park street shall consist of an unobstructed area twenty feet (20') wide and shall be well marked to provide for continuous traffic flow. The street system shall have direct connection to a public or private road meeting applicable standards set forth in title 2 of this code or appendix A of this title.
   D.   Streets and walkways designed for the use of the mobile home park residents shall be lighted during the hours of darkness.
   E.   Each mobile home lot (site) shall be provided with utility connections.
   F.   Water supplies for fire department operations shall be as required by the authority having jurisdiction. Water supplies shall be adequate to permit the effective operation of minimum hose stream flows and duration of flows as required by international fire code for mobile home parks on any fire in a mobile home or elsewhere in the mobile home park. Hydrants shall be located within five hundred feet (500') of all mobile home lots (sites), unless otherwise specified by the fire code.
   G.   Provisions for safe bicycle and pedestrian access shall be integrated into the site.
   H.   At least two hundred fifty (250) square feet of on site recreational space per dwelling unit shall be provided. Such open space shall be located, designed and maintained per subsection 12-453I of this chapter. (Ord. 501, 11-18-2008)

12-486: STANDARDS FOR RENTAL WAREHOUSES, MINISTORAGE, BOAT STORAGE:

   A.   Uses are prohibited within one hundred feet (100') of a state highway or designated arterial in the commercial or rural service center district.
   B.   At least twenty five feet (25') of type A, B, C or D landscaping (as defined in subchapter 4.6 of this chapter) shall be installed and maintained in the front yard between the street and any buildings or vehicular access areas. Exception: The buffer may be reduced to fifteen feet (15') where adjacent to a nonarterial road. Breaks in the required trees, up to no more than twenty five percent (25%) of the site's frontage, may be allowed by the planning director and/or Zoning Commission to enhance visibility of signage and/or the main entrance to the site. At least ten feet (10') of type A landscaping (as defined in subchapter 4.6 of this chapter) shall be installed and maintained around the side and rear perimeter of the site.
   C.   Security fencing, six feet (6') in height, shall be installed and maintained around the site. Fencing materials shall complement exterior building materials (similar color, material and/or detailing) of storage buildings, except where obscured from public view with landscaping. Fencing materials within scenic byways shall be earth toned colors.
   D.   Areas shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item from or at a rental warehouse, ministorage or boat storage facility is specifically prohibited.
   E.   Signs shall be limited to no more than thirty two (32) square feet attached flat on a building or freestanding.
   F.   All lighting shall be shielded and downward directed so as to confine lighting to the premises and produce no glare on adjacent properties or rights of way.
   G.   The distance between structures shall be designed to allow a twelve foot (12') wide travel lane for emergency vehicles to pass while tenant's vehicles are parallel parked at the entrance to their storage areas. (Ord. 501, 11-18-2008)
   H.   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.
   I.   If abutting a residential district or use, the facility hours of public operation shall be limited to seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. (Ord. 501, 11-18-2008; amd. Ord. 540, 10-22-2014; Ord. 661, 3-18-2022)

12-487: PROVISIONS FOR UNIQUE LAND USES:

Certain unique land uses pose special problems that may have a detrimental influence on surrounding land uses. The following performance standards for such unique land uses shall be adhered to in addition to all other provisions of this title:
   A.   Bulk Storage Of Flammable Liquids, Fuel, Gases Or Combustible Materials:
      1.   Storage of flammable liquids, fuel, gases or combustible materials above ground may be permitted only for quantities over twenty thousand (20,000) gallons, provided all of the most restrictive state, local, and federal fire codes and fire insurance underwriter's requirements are complied with.
      2.   No flammable liquids, fuel, gases or combustible materials will be stored below the surface of any lake, river, stream or water body in Bonner County.
   B.   Chemicals, Pesticide, Fertilizer: Chemicals, pesticide and fertilizer storage and manufacturing:
      1.   Will have adequate fire protection, storage area, handling and disposal as approved by the appropriate fire official.
      2.   Will be located at least three hundred feet (300') from any residential zone, a residence, motel or hotel, except for the residence of the owner.
      3.   Will not be stored below the surface of any lake, river, stream or water body in Bonner County.
   C.   Contractor Yard: Contractors' yard (i.e., road, housing, heavy equipment):
      1.   Will be located a minimum distance of three hundred feet (300') from any residence, except for an owner's residence.
      2.   Will have screening fence around the areas utilized for storage of equipment.
      3.   Will be limited to storage, maintenance and processing incidental to contracting work. There shall be no general industrial or commercial uses.
   D.   Development Close To Airport: The location, building height and lighting of residential and commercial development shall be restricted within airport approach areas, as required by the state department of transportation, division of aeronautics and public transportation, and the federal aviation administration. (Ord. 501, 11-18-2008; amd. Ord. 607, 7-22-2020)

12-488: COMMUNICATION TOWERS:

   A.   Communication towers and attendant facilities shall be enclosed by a fence not less than six feet (6') in height.
   B.   The base of any tower shall not be closer to any property line than a distance equal to the tower height.
   C.   The Zoning Commission shall consider the public convenience and necessity of the communication tower and any adverse effect the facility would have upon properties in the vicinity and may require such reasonable restrictions and conditions of development as to uphold the purpose and intent of this title and the comprehensive plan.
   D.   Communication towers shall be built to telecommunication industry association/electronic industry association (TIA/EIA) 222 revision F standards, or as amended, for steel antenna support structures.
   E.   Communication towers shall be constructed to accommodate other future communication services where technically feasible ("collocation").
   F.   Communication towers shall meet all operational, construction and lighting standards of the federal aviation administration.
   G.   Communication towers shall not penetrate any airspace surface on or adjacent to any public or private airfields as set forth at subchapter 5.2 of this title.
   H.   Upon termination of use of a communication tower for a period of not less than one year, the landowner and/or tower operator/applicant shall remove the tower along with all supporting equipment, apparatus and foundation.
   I.   Flammable material storage shall be in accordance with international fire code standards.
   J.   Communication towers shall not be used for signage, symbols, flags, banners or other devices or objects attached to or painted or inscribed upon any communication facility for the purposes of displaying a message of any kind, except as required by a governmental agency. (Ord. 501, 11-18-2008; amd. Ord. 661, 3-18-2022)

12-489: HOME OCCUPATIONS I, II, AND III:

   A.   Intent: To provide performance standards for home occupations.
   B.   Home Occupation I: Permitted by right in applicable zoning districts and subject to all of the following performance standards:
      1.   No person other than those residing on the premises shall be engaged in such occupation.
      2.   Use is clearly incidental and secondary to the use of the property for dwelling purposes.
      3.   There shall be no alteration, structural or otherwise, in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, other than one sign, not exceeding four (4) square feet in area, nonilluminated and meeting applicable setback requirements.
      4.   There shall be no commercial on premises sales in connection with such home occupation, nor shall there be any commercial or manufacturing uses specifically provided for in other parts of this title.
      5.   Vehicular traffic generated by such home occupation shall not significantly exceed the traffic attributable to a normal dwelling unit (no more than 10 vehicle trips per day on average), and any need for parking generated by the conduct of such occupation shall be met off the street and other than in a required front or side yard.
      6.   No equipment or process shall be used in such home occupation which creates objectionable noise, vibration, glare, fumes, odors or electrical interference.
   C.   Home Occupation II: Subject to a home occupation II permit approved by the planning director per the procedures set forth in subsection C1 of this section and per the standards set forth in subsection C2 of this section.
      1.   Home Occupation II Permit Procedures: No home occupation II, home based business shall be conducted until an application for a home occupation II permit has been reviewed and approved by the planning director or designee. The application shall include the following:
         a.   The name of the landowner/applicant.
         b.   The address of the property.
         c.   The type of business and business activities.
         d.   The number of employees.
         e.   The location and area of the home based business (site plan).
         f.   The vehicles used in the home based business.
         g.   The number of expected customer visits per day and at any one time.
         h.   Narrative statement describing use and associated impacts to area.
The planning director shall issue the home occupation II permit based on conformance with the above standards. The applicant may appeal the planning director decision to deny a home occupation II permit to the board of county commissioners, pursuant to the provisions of section 12-261 of this title.
      2.   Home Occupation II Standards:
         a.   Is carried out by those residing in the dwelling and up to two (2) additional employees.
         b.   Use is clearly incidental and secondary to the use of the property for dwelling purposes.
         c.   Whereas the business activity may be conducted in other than the dwelling, there shall be no visible evidence of the conduct of such home occupation other than one sign, not exceeding four (4) square feet in area, nonilluminated and meeting applicable setback requirements.
         d.   Customers/clients may come to the site, provided the following criteria are met:
            (1)   Where access to the site is by road, the road shall meet minimum private road standards set forth in appendix A of this title.
            (2)   Sales in connection with the activity are limited to merchandise handcrafted on site or items accessory to a service (i.e., hair care products for beauty salon).
            (3)   Customers/clients are prohibited on the premises prior to six o'clock (6:00) A.M. and after eight o'clock (8:00) P.M.
         e.   Vehicular traffic generated by such home occupation shall not exceed fourteen (14) vehicle trips per day on average. Any need for parking generated by the conduct of such occupation shall be met off the street and other than in a required front or side yard.
         f.   Certain activities are prohibited:
            (1)   Automobile, truck and heavy equipment repair;
            (2)   Auto body work or painting;
            (3)   Parking and storage of heavy equipment;
            (4)   Stables, kennels, animal husbandry or farming activities, except as provided in this title;
            (5)   Any activities involving more than five (5) customer or business visits per day; and
            (6)   Any use of a nature that is similar to those listed in this section or which creates impacts on the surrounding neighborhood similar to those created by the uses listed in this section.
         g.   Additional parking requirements:
            (1)   One for a nonresident (if applicable).
            (2)   One for patrons if services are rendered on site.
         h.   No equipment or process shall be used in such home occupation which creates objectionable noise, vibration, glare, fumes, odors or electrical interference.
         i.   Manufacturing shall be limited to the small scale assembly of already manufactured parts, but does not preclude production of small, individually handcrafted items, furniture or other wood items as long as the activity meets the other standards of this chapter.
   D.   Home Occupation III: Subject to a conditional use permit and the same performance standards as home occupation II, with the following exceptions and/or additions:
      1.   Is carried out by those residing in the dwelling and up to four (4) additional employees.
      2.   Limited activities and outside storage of materials and/or equipment are permitted, provided the site is sufficiently screened from the street and surrounding properties, as determined by the Zoning Commission.
      3.   Vehicular traffic generated by such home occupation shall not exceed eighteen (18) vehicle trips per day on average.
      4.   Automobile, truck, heavy equipment and small engine repair may be considered as a tier III home occupation, and are subject to the following minimum standards:
         a.   Outdoor activity associated with the repair business shall be limited to a maximum of two percent (2%) of the total site acreage or to a specified area established by the Zoning Commission or hearing examiner. Landscaping and screening to provide buffering for outdoor storage of equipment or materials shall be provided in accord with section 12-465, table 4-5 of this chapter.
         b.   An accessory structure for the repair business not to exceed one thousand five hundred (1,500) square feet may be permitted.
         c.   No more than three (3) vehicles associated with the repair business which are being repaired or awaiting repairs shall be stored on the site at any given time.
         d.   The business shall comply with all building, fire and environmental code regulations established by local, state or federal jurisdictions.
         e.   The business owner shall provide an annual written report to the planning department confirming continued compliance with these standards and any other conditions of permit approval. (Ord. 501, 11-18-2008; amd. Ord. 661, 3-18-2022)

12-490: ACCESSORY DWELLING UNITS:

   A.   Intent:
      1.   To provide affordable housing opportunities throughout the county.
      2.   To limit the visual and physical impact of an accessory dwelling unit on surrounding properties and the local infrastructure.
   B.   Standards:
      1.   Accessory dwelling units shall not exceed nine hundred (900) square feet.
      2.   One additional off street parking space shall be required for an accessory dwelling unit.
      3.   No more than two (2) bedrooms shall be provided in an accessory dwelling unit.
      4.   No more than one accessory dwelling unit may be permitted on a property.
      5.   An accessory dwelling unit may be attached to the primary dwelling unit or detached. Exceptions: For all lots less than twenty thousand (20,000) square feet in size, the accessory dwelling unit must be attached to the primary structure or located above or attached to a garage.
      6.   Accessory dwelling units shall have a separate outside entrance from the primary structure.
      7.   Accessory dwelling units are subject to the same setbacks as a regular dwelling unit. (Ord. 501, 11-18-2008; amd. Ord. 512, 1-6-2010; Ord. 520, 12-8-2010; Ord. 607, 7-22-2020)

12-491: ADULT ENTERTAINMENT USES:

   A.   Intent:
      1.   To provide appropriate locations for adult entertainment uses that minimize impacts to the character of residential neighborhoods.
      2.   To minimize exposure of such facilities to minors.
      3.   To ensure that such uses do not become incompatible land uses and further, will not contribute to the blighting or downgrading of zoning districts in which they are permitted, thereby adversely affecting property values and deterring or interfering with the development and operation of other businesses within the county.
      4.   To provide measures to minimize the incidents of crime associated with such uses.
   B.   Standards:
      1.   Advertisements, displays or other promotional materials depicting or describing "specified anatomical areas" or "specified sexual activities", or displaying instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities" shall not be shown or exhibited so as to be visible from other areas open to the general public.
      2.   All building openings, entries and windows for an adult entertainment business shall be located, covered or screened in such a manner as to prevent a view into the interior of an adult entertainment business from any area open to the general public.
      3.   All entrances to an adult entertainment business shall be clearly and legibly posted by a notice indicating that minors are prohibited from entering the premises.
      4.   No loudspeakers or sound equipment shall be used by an adult entertainment business for the amplification of sound to a level discernible by the public beyond the walls of the building in which the adult entertainment business is conducted.
      5.   All off street parking areas, walkways and building entries serving the adult entertainment business shall be illuminated during all business hours with a lighting system designed to provide a minimum maintained horizontal illumination of greater than one foot-candle of light on the parking surface and/or walkway. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the adult entertainment business for personal safety of its patrons.
      6.   All exterior areas of adult entertainment businesses, including buildings, landscaping and parking areas, shall be kept free of litter.
      7.   No adult entertainment use shall be permitted within five hundred feet (500') of the center of any of its public entrances to the center of any public entrance to any establishment serving or selling alcoholic beverages, and vice versa, or within two thousand five hundred feet (2,500') of the center of any public entrance to a school, library, church, park, playground, hospital, medical clinic, nursing home or daycare facility. The distance shall be measured along the shortest route along the street or highway between the points where lines perpendicular to the centers of the public entrances intersect with the street or highway. (Ord. 501, 11-18-2008)

12-492: RACETRACKS:

   A.   Racetracks shall be located to minimize the impacts to adjacent properties from noise, lights, dust, odors, traffic impacts, fire and other potential hazards or nuisances. To achieve this, the applicant shall submit a racetrack operations plan with the conditional use permit application, which addresses, at a minimum, the following:
      1.   Air quality control.
      2.   Emergency response and access (fire, ambulance, police).
      3.   Noise abatement.
      4.   Traffic control.
      5.   Security, including crowd control and safety of spectators.
      6.   Hours of operation.
      7.   Fire control.
      8.   Spill containment. (Ord. 520, 12-8-2010)

12-493: AGRICULTURAL DIRECT MARKETING ACTIVITIES:

   A.   Intent:
      1.   To promote local and regional agriculture by providing opportunities for accessory activities associated with retail sale of agricultural products produced on and off the premises.
   B.   Standards:
      1.   The activity shall not create a permanent or semipermanent sales business that would require a commercial zone classification.
      2.   The subject property shall be actively farmed by the property owner.
      3.   Retail structures shall not total more than three thousand (3,000) square feet.
      4.   The parcel, or adjacent parcel, shall include the residence of the owner or operator of the farm.
      5.   Carnival rides, helicopter rides, inflatable features and other typical amusement park games, facilities and structures are not permitted.
      6.   The use shall be operated in accordance with all applicable federal, state, and local ordinances.
      7.   Adequate sanitary facilities shall be provided in accordance with Panhandle health district requirements.
      8.   The access road shall be located within a recorded easement or public right of way, except where subject to an approved special use permit issued by a state or federal agency.
      9.   Sufficient land area is required to accommodate the proposed use and related parking, 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. (Ord. 538, 6-26-2014)

12-494: SEASONAL HARVEST FESTIVITIES:

   A.   Intent:
      1.   To allow temporary and accessory activities associated with the sale of annual harvest crops.
   B.   Standards:
      1.   The site shall conform to the requirements of section 12-493 of this subchapter.
      2.   Hours of operation shall be eight o'clock (8:00) A.M. to six o'clock (6:00) P.M.
      3.   Seasonal harvest festivities are prohibited on vacant property, unless the vacant land adjoins property occupied by the owner/operator of the festivities.
      4.   Seasonal harvest festivities shall be limited to Friday, Saturday, Sunday and Monday, from the second weekend of June through December 31.
      5.   Inflatable amusement devices, such as moonwalks, slides, or other inflatable games for children, shall be limited to a maximum of five (5) per seasonal harvest festivities event. (Ord. 538, 6-26-2014)

12-495: EXPANDED SEASONAL HARVEST FESTIVITIES:

   A.   Intent: To allow a farming activity to expand beyond the restrictions for seasonal harvest festivities for the purpose of allowing direct marketing of crops to the public. Expanded seasonal harvest festivities are allowed subject to a conditional use permit. (Ord. 538, 6-26-2014)

12-496: RECREATIONAL VEHICLES:

   A.   Dwelling Unit, Recreational Vehicle.
      1.   Limited to one (1) per lot or parcel for lots or parcels less than one (1) acre in size, or limited to two (2) per lot or parcel for lots, or parcels greater than one (1) acre in size without respect to density.
      2.   Each recreational vehicle dwelling unit requires a building location permit.
      3.   Shall meet all residential building setbacks.
      4.   Each recreational vehicle dwelling unit may be inside a garage or under a snow roof.
      5.   It may be used as a vacation rental subject to the standards and conditions in BCRC 12-484.
      6.   RV 's used in conjunction with an open building location permit shall not require an additional permit.
(Ord. 598, 1-22-2020)

12-497: RV PARKS/CAMPGROUNDS:

   A.   Density:
      1.   Each RV space shall be an area to accommodate the size of the RV, not less than 1800 square feet and a width of not less than twenty four feet (24').
      2.   Each camping area must be at least three hundred fifty (350) square feet.
      3.   RV parking is limited to five (5) units per acre.
      4.   Campsites are limited to five (5) sites per acre.
      5.   Each RV Park may allow up to 100% of campground to RV spaces provided the requirements of this section are met.
      6.   Clustering of the RV Park is allowed as long as the original acreage stays intact and the clustering is done in a way to decrease potential impacts to neighbors and the natural resources.
      7.   RV Parks greater than twenty five (25) units shall follow the standards of the PUD ordinance, BCRC 12-2.5.
   B.   Yards and Spacing:
      1.   All structures must be setback a minimum of twenty-five (25) feet from all exterior property lines.
      2.   An RV may not be located closer than ten (10) feet from any other RV or permanent building within the RV Park.
      3.   An RV accessory building shall not be closer than five (5) feet from an RV or building on an adjacent RV space.
   C.   Access:
      1.   RV parks/Campgrounds shall access on maintained County roads, State highways or forest access roads whenever possible.
      2.   Access on private roads shall be built to County standards in Appendix A.
   D.   Parking:
      1.   Parking design shall follow the standards in Section 12-4.3 Parking Standards.
      2.   Campground Parking: one space for each 350 square feet of allotted space plus one guest parking space for each ten campground spaces.
   E.   Park Site Design:
      1.   Provisions for vehicular, bicycle and pedestrian access shall be integrated into the site.
      2.   May be associated with other recreational uses such as rafting, canoeing, swimming, cross country skiing, hiking, hunting and fishing, horseback riding and snowmobiling, together with accessory facilities.
      3.   Each space within an RV park shall have direct access to a travelway.
      4.   The park travelway shall consist of an unobstructed area twenty feet (20') wide and shall be well marked to provide for continuous traffic flow.
      5.   Parking spaces may be up to a forty five (45) degree angle from the travelway.
      6.   The travelway system shall have direct connection to a public or private road meeting applicable standards set forth in title 2 of this code or appendix A of this title.
      7.   Any RV space that is to be occupied throughout the winter months may have an open-shell snow-roof. Snow roofs shall have a minimum often foot spacing from one another, measured from greatest architectural projection. Complete enclosure of snow roofs is prohibited.
      8.   The RV park/campground may be built in phases as approved through a conditional use permit.
      9.   Uses that are clearly incidental to the operation of the park, such as management headquarters, recreational facilities, toilets, dumping stations, laundry facilities, a convenience store, and other facilities established within the park, are permitted as accessory uses.
      10.   Internal roads and parking service areas shall provide safe and convenient access for service and emergency vehicles and to amenities within the park. Internal roads shall not be designed to encourage use by outside traffic to traverse the park to adjoining developed areas.
      11.   Setbacks to wetlands, floodplain, vegetative buffers, and shorelines shall be maintained for all uses onsite.
   F.   Landscaping:
      1.   Landscaping and screening shall follow the standards in BCRC 12-4.6 Landscaping and Screening Standards.
   G.   Water and Sewer:
      1.   Each site may provide utility connections, including water and sub-surface sewage disposal system.
      2.   An appropriate number, per industry standard, of restroom/port-a-johns for tent camping spaces.
   H.   Refuse Collection:
      1.   The park shall provide for regular refuse service whether self-supported or contracted out with a refuse service. Accumulation of trash is prohibited.
   I.   Signs:
      1.   Signs advertising the business are allowed per BCRC 12-4.4 Sign Standards.
   J.   Permits Required.
      1.   A conditional use permit is required for each RV park/campground for twenty five (25) spaces or less.
      2.   A PUD Permit is required for all sites allowing more than twenty five (25) RV spaces.
      3.   A building location permit is required for construction of the entire project or each phase of the approved project.
   K.   Site Plan: A site plan shall be submitted upon application for a conditional use permit for the development of a recreational vehicle park/campground. The site plan must include a north arrow and must clearly depict the following:
      1.   Existing structures which will remain on the parcel, and their uses, and any existing structures proposed to be modified or removed;
      2.   All proposed structures and their uses;
      3.   Existing and proposed roads, easements, and points of access;
      4.   Recreational vehicle space dimensions;
      5.   Campground space dimensions;
      6.   Size of the site in acres;
      7.   Dimensions of property lines and property line setbacks;
      8.   Reserved or dedicated open space;
      9.   Major landscape features, both natural and manmade;
      10.   Locations of existing and proposed utility lines;
      11.   Accessory off street parking and loading facilities, and parking space areas;
      12.   Wastewater drainfield areas;
      13.   Traffic circulation patterns;
      14.   Refuse and service areas;
      15.   Signs;
      16.   Outdoor storage; and
      17.   Proposed screening and buffering, including fences, yards, walls or vegetation.
(Ord. 594, 12-18-2019)