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Bonners Ferry City Zoning Code

CHAPTER 12

PLANNED UNIT DEVELOPMENTS

11-12-1: PURPOSE:

   The purpose of the Planned Unit Development (PUD) is to provide design flexibility to encourage creative and efficient development of land and infrastructure, the preservation of natural features, and the addition of open spaces, pathways, green belts and other amenities that might not be achieved under standard zoning requirements. Through flexible design standards, PUDs can allow a mixture of housing and commercial land uses, encourage affordable housing, and create walkable, accessible neighborhoods. Conditions can be set and agreements established during the public process to ensure development is carried out in accord with the approved conceptual design.
(Ord. 621, 5-20-2025)

11-12-2: APPLICABILITY:

   A.   Planned unit developments are applicable in all zoning districts.
   B.   Planned unit developments shall be considered through the special use permit process.
   C.   The subject property shall contain a minimum of two (2) acres.
   D.   The subject property shall be under single ownership or control.
   E.   Where a subdivision of land is proposed as part of a planned unit development, the subdivision application shall be submitted and considered simultaneously with the PUD application.
   F.   Uses shall be the same as the underlying zoning district, with the following allowances/exceptions:
      1.   A mixture of housing types, including detached and attached duplex, single- and multi-family, townhomes, court-yard or cottage style housing, are permitted.
      2.   Limited, low-intensity commercial uses that are ancillary or accessory to the residential districts may be included in the PUD proposal, provided that:
         a.   Such uses are listed as permitted outright or permitted by special use in the district;
         b.   The uses, inclusive of structures, parking, and loading areas, do not collectively exceed five percent (5%) of the gross land area for five-acre and larger PUDs and do not collectively exceed two percent (2%) of the gross land area for PUDs smaller than five (5) acres;
         c.   Taxidermies and cemeteries are excluded;
         d.   Small laundromats, coffee shops, delicatessens or bakery shops are included.
      3.   development shall be based upon the minimum site area requirements of the underlying zoning district.
      4.   Residential uses are not permitted in the industrial district.
(Ord. 621, 5-20-2025)

11-12-3: APPLICATION:

   A.   Pre-Application: Prior to submitting an application to the city, the applicant or representative shall meet with the city administrator or designee for a pre-application meeting. The purpose of the meeting is to review the proposed planned unit development, the city application process and codes, proposed infrastructure needs, and any potential variations to standards. The purpose of the pre-application meeting is to familiarize the applicant and city with the proposal and does not represent acceptance or approval of an application. For the pre-application meeting, the applicant shall provide:
      1.   A conceptual sketch of the development;
      2.   General transportation layout;
      3.   General utility provisions;
      4.   Types of structures, proposed uses and densities;
      5.   Open space, greenway, and pathway proposals;
      6.   Any variations to standards; and
      7.   Any other information necessary for a complete overview of the project.
   B.   Application: A planned unit development is a special use permit. In addition to the special use permit application requirements of chapter 10 of this title, the application shall include:
      1.   A preliminary master plan of the subject site, depicting any proposed housing types and proposed layout and design, street and pathway systems, parking facilities, drainage features, landscaping, common or open space and proposed ownership, commercial or industrial structures, proposed lot layouts, natural and hazardous features, requested variations to zoning standards, and other essential development details.
      2.   A development schedule, including any planned phases.
      3.   A preliminary plat for any portion of the project that is to be platted, consistent with the application standards of title 12 of city code.
      4.   Required fees.
      5.   Any additional information required by the city for a complete understanding of the PUD proposal.
(Ord. 621, 5-20-2025)

11-12-4: PROCESS:

   A.   Permit Consideration: The planned unit development application shall be processed and considered in accord with the special use permit requirements of chapter 10 of this title.
   B.   Standards Of Approval: In addition to the general standards of chapter 10, the governing bodies shall also find adequate evidence confirming the planned unit development:
      1.   Will result in a unified project that will benefit the surrounding area and the city.
      2.   Can be constructed so that each phase can exist independently, without relying upon subsequent phases for open space, amenities, density, infrastructure, or other minimum standards or necessary dedications.
   C.   Conditions Of Approval: The city may set conditions of approval to control the sequence and timing of development, assure the development is maintained properly and other conditions consistent with the special use permit processes of this title and the Idaho Local Land Use Planning Act, including conditions that:
      1.   Minimize adverse impact on other development;
      2.   Control the sequence and timing of development;
      3.   Control the duration of development;
      4.   Assure that development is maintained properly;
      5.   Designate the exact location and nature of development;
      6.   Require the provision for on-site or off-site public facilities or services;
      7.   Require more restrictive standards than those generally required in an ordinance; and
      8.   Require mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction.
   D.   Final Plan And Development Agreement: Following the approval of the planned unit development, the landowner shall file with the city:
      1.   A final master plan, to include all elements and modifications to the preliminary plan, as approved by the city council;
      2.   A final plat, where applicable; and
      3.   A draft development agreement containing the conditions of PUD approval, specific authorizations for uses and housing types, project phasing and timetables for completion, developer responsibilities, vesting, conveyance of open space and amenities and long-term maintenance, and any other details specified by the city to define code-required and negotiated elements of development to ensure public benefits are realized. The development agreement is subject to the review and approval of the city council and shall not be valid until executed by the landowner and city and recorded.
      4.   Draft covenants, conditions, and restrictions (CC&Rs) providing for the development and maintenance of the property in accord with the approved plan.
      5.   Any other documents or details required by the conditions of approval.
   E.   Expiration: The PUD special use permit shall be valid for two (2) years from the date of the city's written decision. An extension not to exceed two (2) years may be granted by the city council if it finds progress is being made on the development or circumstances beyond the control of the developer have prevented completion of the project. A written request for the extension must be filed with the city clerk prior to the expiration date.
   F.   Minor Modifications: Minor modifications to lot lines, structure placements, access alignments, or other modifications that were unforeseen at the time of application and do not expand the original boundaries of the project or increase density or intensity of the PUD may be approved by the city administrator or designee prior to the filing of the final plan.
   G.   Major Modifications: Any requests for major changes to block and lot design, density, exterior boundaries of the PUD, conditions of approval, renegotiated terms of the development agreement or other modifications deemed major by the city administrator shall require a public hearing before the city council, using the same notice and procedures as the original application.
(Ord. 621, 5-20-2025)

11-12-5: DESIGN:

   A.   Lot Design: Lots may deviate from the minimum zoning district lot width. Lots within the residential districts may deviate from the minimum lot area standard, so long as the total number of lots do not exceed the units allowed based on the lot area minimum for the entire subject area. Lots within the commercial, medical, or industrial districts are not subject to the minimum lot area standards, provided lots are sized to accommodate the use, required parking, and other applicable zoning standards.
   B.   Clustering: The clustering of lots and housing units to allow greater open space and reduced infrastructure costs is encouraged.
   C.   Setbacks: Reduced or zero setbacks may be permitted where structures adjoin common areas, courtyards, open spaces, private streets, or common walls. Setbacks to the exterior property lines of the subject property shall meet the zoning district minimums. The setback reductions must be requested in the PUD application and shown on the final plan.
   D.   Variations: The city may approve variations to design and construction standards, where the applicant demonstrates that an alternative design would better serve the proposed development due to topography, service connections, existing development patterns, or other unique features. The variations shall not adversely affect city or public services and shall not be detrimental to public health, safety, or welfare.
   E.   Access: Connections to public rights-of-way shall be consistent with the city transportation plan and standards. Interior streets shall be designed to meet minimum fire code standards.
   F.   Parking: Off-street parking shall meet the minimum standards of Chapter 14 of this title unless variations to the standards are approved through the PUD process.
   G.   Amenities: The developer shall provide public or private amenities appropriate to the scale and location of the project, which may include any of the following, subject to a negotiated agreement with the city:
      1.   A minimum ten percent (10%) of the gross acreage of the subject property, dedicated as common or open space. The land may be dedicated to a homeowners' association or to the city or other public entity through mutual agreements. Proposed common/open space must be appropriate in scale, use, and character to the planned unit development. The land shall be designed, constructed, and maintained for recreational, community gardens, green belts, courtyards, open space, or parkland.
      2.   Bike/pedestrian pathways.
      3.   Connections to existing pathways.
      4.   Bus stop.
      5.   Sidewalks.
      6.   Bike racks.
      7.   Park playground equipment, community facilities, or other public features that serve the neighborhood.
      8.   Other negotiated amenities.
   H.   Buffering: Screening, vegetative buffers, greater setbacks, or integration of multi-family with single-family housing shall be employed to provide consistency with the surrounding neighborhood.
(Ord. 621, 5-20-2025)

11-12-6: MIXED USE PLANNED UNIT DEVELOPMENT:

   A.   Purpose: This subsection provides an option for an administrative site plan review for a planned unit development within the mixed use zoning district to create an incentive for a wider array of permitted uses and flexible design and parking standards, provided certain standards are met to create a variety of housing options, commercial uses, walkable and biking opportunities, and public amenities.
   B.   Application: Application requirements for a mixed use planned unit development shall be as provided in section 11-12-3, except that a site plan review application rather than a special use permit application is required.
   C.   Requirements: A mixed use planned unit development shall include the following minimum standards and features:
      1.   A plan to develop and construct walkable and bikeable public connections within the development and leading to other public places and recreational opportunities;
      2.   A mixture of housing options, optional mixed-use buildings containing at least one (1) floor developed for non-residential uses, and appropriately scaled commercial development as identified in the table of uses in Appendix A of this title;
      3.   Public open space accompanied by a specific plan for the construction, use, and maintenance of the area, which may include public art and seating area, bandstand, small water feature or fountain and bench areas, or other such amenities; and
      4.   A design to provide for clustered, cohesive development, allowing for a more compact arrangement of buildings and fewer extensions of accesses and infrastructure.
   D.   Allowances: The mixed use planned unit development may vary from parking and zoning standards as set forth in the design standards section 11-12-5. There is no set maximum for the number of structures allowed per parcel or lot for a mixed-use planned unit development. Design and density shall be sufficient to accommodate required parking, utilities, setbacks, coverage, and other applicable zoning standards of this title.
   E.   Process: A mixed use planned unit development meeting the requirements of this subsection shall be reviewed pursuant to the administrative site plan review procedures of section 11-13-5 of this title. The remaining sections of 11-12-4 of this title, paragraphs B through G shall apply to mixed use planned unit developments.
(Ord. 621, 5-20-2025)