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Bonners Ferry City Zoning Code

CHAPTER 1

AUTHORITY AND PURPOSE

11-1-1: SHORT TITLE:

   These regulations shall be known officially and cited as the Zoning Regulations of the City of Bonners Ferry, Idaho.
(Ord. 621, 5-20-2025)

11-1-2: AUTHORITY:

   A.   This title is adopted pursuant to the authority granted to the City of Bonners Ferry, Idaho, at Article XII, Section 2, of the Idaho Constitution, the Idaho Local Land Use Planning Act at Title 67, Chapter 65, and Title 50, Chapters 3, 9, and 13, as currently comprised or subsequently amended.
   B.   The City Council, Planning and Zoning Commission, administrative staff, and agents of Bonners Ferry are vested with the authority to review, approve, approve with conditions, or deny applications, as specifically provided by this title.
(Ord. 621, 5-20-2025)

11-1-3:

   The purpose of this title is to promote the health, safety, and general welfare of the people of Bonners Ferry by establishing land use standards and regulations, in accord with the adopted comprehensive plan, to:
   A.   Protect property rights while making accommodations for other types of development such as low-cost housing and mobile home parks;
   B.   Ensure that adequate public facilities and services are provided to the people at reasonable cost;
   C.   Ensure that the economy of the city and its people is protected;
   D.   Ensure that the important environmental features of the city are protected;
   E.   Encourage urban and urban-type development within incorporated cities;
   F.   Avoid undue concentration of population and overcrowding of land;
   G.   Ensure development on land is commensurate with the physical characteristics of the land;
   H.   Protect life and property in areas subject to natural hazards and disasters;
   I.   Protect fish, wildlife, and recreation resources;
   J.   Avoid undue water and air pollution;
   K.   Encourage the school district to participate in the community planning and development process so as to address public school needs and impacts on an ongoing basis; and
   L.   Implement the goals and policies of the adopted comprehensive plan.
(Ord. 621, 5-20-2025)

11-1-4: APPLICABILITY:

   Provisions of this title shall apply to all properties within the incorporated boundaries of the City of Bonners Ferry, Idaho, to the extent permitted by law. Lands owned by the government of the United States of America shall be governed hereby only to the extent provided by federal law. Lands owned by the State of Idaho shall be governed hereby to the extent allowed by state law.
(Ord. 621, 5-20-2025)

11-1-5: SCOPE:

   A.   Uniform Application: The regulations of this title shall apply uniformly to each class or kind of structure or land, except as otherwise specifically provided.
   B.   Interpretation In Case Of Conflict With Other Laws: The city does not intend for this title to impair or interfere with other regulations of state or local law, or with private restrictions on the use of land, improvements, and structures. Where this title imposes greater restriction than that imposed by other law or private restrictions, this title shall prevail.
   C.   Conformity Required: No building, structure or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified and for the zoning district in which it is located.
   D.   Use: Any use not permitted by the provisions of this title is prohibited.
   E.   Interpretation Authority: Interpretation of this title may be reasonably made by the city staff and city council in the event its meaning may be unclear or ambiguous.
   F.   Protection Of Property Rights: The city of Bonners Ferry wishes to ensure that land use policies, ordinances, restrictions, conditions, and fees do not violate private property rights, adversely impact private property values, or create unnecessary technical limitations upon the use of the property that would constitute an unconstitutional taking of private property rights. Every final decision rendered concerning site specific land use request shall provide or be accompanied by notice to the applicant regarding the applicant's right to request a regulatory taking analysis pursuant to Idaho Code.
   G.   Minimum Requirements: In interpreting and applying the provisions of this act, the provisions hereof shall be held to be the minimum requirements adopted by the council for the promotion of the health, safety, morals, comfort and convenience of residents of the municipality and to promote the general welfare.
   H.   Existing Agreements: This act does not alter or change an existing agreement between parties where this act imposes a greater restriction upon the height of buildings or requires larger lots or yards than are imposed or required by existing permits, easements, covenants, or agreements, but where there is such variation, then this act shall be liberally construed to promote the best interest and purpose of the public and the general welfare.
   I.   Existing Construction: Nothing herein contained shall require any change in the principal construction or designated use of a building for which a permit has been heretofore issued, and the construction of which such building shall have been actually begun at the time of the passage of this act. If any area in any particular zone is hereafter transferred to another zone by change in zone boundaries, the provisions of this section with regard to buildings or premises then existing, or building permits then issued at the time of the adoption of this act shall apply to buildings or premises existing or building permits issued in such transferred area at the time of such transfer.
(Ord. 621, 5-20-2025)