Bonners Ferry City Zoning Code

   This chapter establishes the types of applications and permits the zoning administrator has the authority to act upon and sets forth the procedures for consideration. The zoning administrator shall have the authority to make final decisions on the applications and permits provided in this chapter, subject to the right of appeal for any written final administrative decision made pursuant to this title, as set forth in Chapter 3 of this title.

(Ord. 621, 5-20-2025)

   Administrative reviews are authorized for applications, permits, petitions, requests for reviews or interpretations, and zoning reviews that do not require a public hearing, pursuant to this title and the state local land use planning act. The following process shall be followed for administrative reviews:

   A.   Upon receipt of an application and fees to the city clerk, the zoning administrator shall have a reasonable time, generally not to exceed thirty (30) days, to examine the application for completeness with application requirements and standards of this title. If the application is determined to be incomplete, the zoning administrator shall notify the applicant in writing of the deficiencies and specify the information needed to complete the application.

   B.   The zoning administrator shall conduct a review of the complete application for compliance with applicable standards of this title. The zoning administrator shall provide a written decision either approving, approving with conditions, or denying the application, and citing the reasons for the decision, the evidence of record, and standards used to reach the decision. If denied, the zoning administrator shall state the actions, if any, that can be taken to obtain approval and the rights of appeal.

(Ord. 621, 5-20-2025)

   Zoning permit reviews are associated with building permit applications and applications for placement or construction of exempt structures. Prior to the construction or placement of any structure or the remodel or modification of a structure that requires a building permit, the zoning administrator shall review the application for compliance with the city's zoning regulations. If the proposed structure and use are determined to be in compliance, the zoning administrator may sign the permit application and need not provide a reasoned statement as required by section 11-13-2B of this chapter. No zoning permit shall be issued for the construction, remodel, modification, or placement of any structure that is not in conformance with the use or development standards of this title.

(Ord. 621, 5-20-2025)

   A landowner may submit an application to the city to determine whether a parcel of land or lot was created, divided, adjusted, or consolidated in conformance with the city's land use laws in effect at the time of its creation, interpretations of this title, or whether an established land use meets zoning code. The application shall include a chain of title prepared by a title company, unless the zoning administrator determines chain of title is not necessary based upon the type of determination requested. If the zoning administrator determines the land in question is not in compliance with the land use laws in effect at the time of creation, the written decision shall include actions that may need to be taken to bring the land into compliance. The required actions shall be limited to the requirements of the laws in effect at the time of the parcel or lot creation.

(Ord. 621, 5-20-2025)

   A.   Purpose: The site plan review process allows the city to administratively review proposed development in a timely manner without requiring a public hearing. The administrative review ensures that future development meets the applicable standards and requirements of city code and addresses potential development impacts by setting conditions to mitigate those impacts.

   B.   Applicability: Certain uses and proposed development, which are not subject to the public hearing process as set forth in this title, are subject to the administrative site plan review application process. Approval of the site plan application is required prior to issuance of building permits, encroachment approval, or any other such permits allowing the development to commence. The following uses and developments require a site plan review:

      1.   Those specified in Appendix A of this title as requiring a site plan review;

      2.   Residential developments of four (4) dwelling units or more on a single lot or parcel;

      3.   Commercial, industrial or light industrial new development that requires a building permit for construction, conversion, or enlargement and is greater than four thousand (4,000) square feet.

      4.   Any development specified in the respective zoning districts as requiring a site plan review.

   C.   Application: A site plan review application and applicable fees shall be filed with the city clerk prior to any construction, building permit approvals, placement of structures, or use of a site that is subject to site plan review cited at 11-13-5B. The application shall be completed on a form provided by the city and shall contain at a minimum the following:

      1.   A to-scale drawing of the site showing the boundaries of the subject property, access and traffic patterns, parking, pathways, the general vicinity, proposed and existing structures and uses, utility features, landscaping, lighting, signs, drainage patterns and proposed stormwater features, fire protection, and any other information deemed by the city to be necessary to properly assess the proposed use and impacts to city infrastructure and neighborhood.

      2.   A narrative explaining the proposed use, compliance with city standards, estimated traffic, hours of operation, potential for noise, lights, and glare from the use, and any measures proposed to mitigate potential impacts.

      3.   A stormwater/erosion control or hillside development plan, where applicable.

      4.   Any additional information deemed necessary by the city administrator or engineer to allow a thorough review of the development.

   D.   Review: The zoning administrator shall complete a review of the application consistent with 11-13-2, procedures for administrative reviews. Copies of the application shall be provided to affected agencies, as determined by the zoning administrator. Agencies shall be given adequate time to review and reply, but not more than thirty (30) days, unless the zoning administrator determines there are extenuating circumstances that warrant additional review and comment time.

   E.   Notice: For those developments identified in the zoning districts as requiring neighborhood notice, the city shall provide written notice of the proposed development via regular U.S. mail to landowners within three hundred feet (300') of the external boundaries of the subject property. Public comment on the proposal shall be limited to whether the proposed development meets the standards of city code and suggested conditions to mitigate potential impacts. The deadline to reply to the city shall be fourteen (14) days from the date the notice is mailed.

   F.   Decision: The determination of the zoning administrator shall be in writing. No construction or commencement of uses shall begin until the site plan is approved. The zoning administrator may approve, deny, approve with conditions, based upon the following standards:

      1.   Compliance with applicable zoning, floodplain, stormwater, and hillside development standards;

      2.   Adequacy of public and private services; and

      3.   Ability to mitigate potential impacts to the neighborhood and city services through applied conditions or the development's design and applicant proposals.

   G.   Conditions: The zoning administrator may impose conditions of approval to:

      1.   Mitigate potential impacts;

      2.   Ensure dedication or installation of public improvements;

      3.   Meet zoning, health, safety, services or infrastructure standards; and

      4.   Other reasonable conditions attributable to the direct impacts of the development on the city, its infrastructure, the environment, or the neighborhood.

   H.   Expiration: The approval shall expire one (1) year from the date of the written decision if the use or construction has not commenced. Prior to the expiration date, the applicant may seek an extension of up to one (1) year. The written request shall be filed with the city clerk and may be approved by the zoning administrator upon a showing of good cause as to why the use or construction has not commenced, such as weather-related delays, unexpected construction challenges, environmental remediation, or development-related legal actions.

   I.   Appeals: Any administrative decision made by the zoning administrator may be appealed to the city council, pursuant to section 11-3-3.

(Ord. 621, 5-20-2025)