Bonners Ferry City Zoning Code

   The purpose of this chapter is to provide for the processing of applications for special or conditional use permits. A special use permit may be granted to an applicant if the proposed use is conditionally permitted by the terms of this title, subject to conditions pursuant to specific provisions of this chapter, and subject to the ability of political subdivisions, including school districts, to provide services for the proposed use, and when it is not in conflict with the plan.

(Ord. 621, 5-20-2025)

   A special use permit shall run with the land and shall not be transferrable to another property. The special use permit may be transferred to a future owner of the subject property, provided the use remains in compliance with the issued permit and conditions of approval. A special use permit shall not be considered as establishing a binding precedent to grant other special use permits.

(Ord. 621, 5-20-2025)

   An application for special use permit shall be filed with the clerk by at least one (1) owner of property for which such special use is proposed. At a minimum, the application shall contain the following information:

   A.   Name, address and phone number of applicant;

   B.   Legal description of property and street address;

   C.   Description of existing use;

   D.   Zoning district;

   E.   Description of proposed special use;

   F.   A plan of the proposed site for the special use showing the location of all buildings, parking and loading area, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and such other information as the commission may require to determine if the proposed special use meets the intent and requirements of this title;

   G.   A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the comprehensive plan;

   H.   Any additional information deemed by the zoning administrator or commission to be required to complete the application, including studies of the social, economic, fiscal, and environmental effects and any aviation hazard as defined in section 21-501(2), Idaho Code, of the proposed special use; and

   I.   Fees as set by resolution of the city council.

(Ord. 621, 5-20-2025)

   The commission shall review the particular facts and circumstances of each proposed special use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location will:

   A.   Constitute a special use as established in this title for the zoning district involved;

   B.   Be harmonious with and in accordance with the general objectives or with any specific objective of the comprehensive plan and the zoning ordinance;

   C.   Be designed, constructed, operated, and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;

   D.   Not be hazardous or disturbing to existing neighboring uses;

   E.   Be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;

   F.   Not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;

   G.   Not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors, or other factors determined to be nuisances;

   H.   Have vehicular approaches to the property that shall be so designed as not to create an interference with traffic on surrounding public thoroughfares; and

   I.   Not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance.

(Ord. 621, 5-20-2025)

   In recommending any special use, the commission may prescribe appropriate conditions, bonds, and safeguards in conformity with this title. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the special use is granted, shall be deemed a violation of this title. The commission may set conditions including, but not limited, those to:

   A.   Minimize adverse impact on other development;

   B.   Control the sequence and timing of development;

   C.   Control the duration of development;

   D.   Assure that development is maintained properly;

   E.   Designate the exact location and nature of development;

   F.   Require the provision for on-site or off-site public facilities or services;

   G.   Require more restrictive standards than those generally required in an ordinance; or

   H.   Require mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction.

(Ord. 621, 5-20-2025)

   Prior to granting a special use permit, at least one (1) public hearing in which interested persons shall have an opportunity to be heard shall be held before the commission. Public notification of the public hearing shall be provided in accordance with Idaho Code.

(Ord. 621, 5-20-2025)

   The commission shall recommend to city council approval, approval with special terms, conditions and limitations, or disapproval of the application for a special use permit. The commission shall ensure that any recommendation for special use permits is in accordance with the comprehensive plan and established goals and objectives.

(Ord. 621, 5-20-2025)

   A.   Prior to granting a special use permit, the council may require a public hearing. They may request studies from the applicant or public agencies concerning social, economic, fiscal and environmental effects of the proposed special use.

   B.   A special use permit issued shall specifically outline the permitted use, note any allowed deviation from the zone requirements of the zone in which the property is located and may impose such conditions and limitations as the council shall deem appropriate, including, but not limited by, this inclusion, time limits, setback and height alterations, lighting conditions, parking spaces, access locations, aesthetics, environment protection, drainage and the mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the city jurisdiction. In determining these conditions and limitations, the council shall consider such factors as it, in its discretion, deems necessary, but it shall consider the impact that such use shall have on the surrounding neighborhood and upon public services and facilities.

   C.   The council shall give approval, approval with special terms, conditions and limitations, or disapproval of the application for a special use permit after receiving the recommendation from the commission.

   D.   Upon granting or denying an application the council shall specify:

      1.   The ordinance and standards used in evaluating the application;

      2.   The reasons for approval or denial; and

      3.   The actions, if any, that the applicant could take to obtain a permit.

(Ord. 621, 5-20-2025)