Bonners Ferry City Zoning Code

   The city has established a planning and zoning commission and set forth the commission's organization, rules, meetings, appointments, and duties at Title 2 of city code. The commission has the authority and responsibility to perform the duties set forth in the Idaho Local Land Use Planning Act and this title.

(Ord. 621, 5-20-2025)

   This title shall be administered by the zoning administrator or designee, who shall be appointed by the mayor and confirmed by the council and shall have the following duties and authority:

   A.   Advise interested persons regarding zoning and subdivision ordinance provisions;

   B.   Notify the public and media of pending public hearings and actions, as required by law;

   C.   Advise applicants regarding required applications and ordinance compliance;

   D.   Administer and issue land use and development permits, notifications and similar administrative duties as set forth in this title;

   E.   Investigate possible violations of this title and take the actions necessary and appropriate to remedy such violations;

   F.   Assist the planning and zoning commission and city council in implementing the provisions of this title;

   G.   Coordinate with other departments and public agencies concerning all permits that may be required by this title; and

   H.   Perform other planning duties as assigned by this title or at the request of the city council or city administrator.

(Ord. 621, 5-20-2025)

   Any final, written administrative decision made pursuant to this title shall be considered final unless appealed by an affected person to city council, pursuant to the following procedures:

   A.   A written appeal, containing the grounds for such an appeal and any supporting documents, shall be filed with the city clerk, along with applicable fees, within fifteen (15) days of the issuance of the final, written administrative decision. Failure to file the appeal in a timely manner with proper fees shall cause an automatic dismissal of the claim.

   B.   Upon receipt of the properly filed appeal, the city, shall schedule the matter for consideration by the city council at a regular or special meeting within thirty (30) days, allowing sufficient time for proper meeting notice. Copies of the appeal shall be provided to the council and city staff affected by the appeal.

   C.   The city council shall consider the appeal and provide an opportunity for the appellant, appellant's representative, affected staff, and interested parties to present relevant information regarding the matter.

   D.   The city council may reverse, modify, or affirm, in whole or in part, the administrative decision, or may table the matter to another meeting to allow time for additional information or further deliberations. The final decision shall not grant a special privilege or provide an exception to the regulations of this title.

   E.   The city shall notify the appellant in writing of the council's decision.

   F.   The council's decision is final, and any further recourse shall be as provided by Idaho Code, Title 67, Chapter 65.

(Ord. 621, 5-20-2025)

   Mediation: Mediation of planning and zoning issues may be provided in accordance with Idaho Code section 67-6510.

(Ord. 621, 5-20-2025)

   All fees for the administration and enforcement of this title shall be set by resolution of the city council and shall be non-refundable. No action shall be taken on any application or appeal until required fees are paid in full.

(Ord. 621, 5-20-2025)

   A.   Any development, occupation, construction, action, or inaction that is contrary to the requirements of this title or Idaho Code shall be declared a violation. No person, entity, agent, contractor, landowner, tenant, or other authority shall proceed with the development, occupation, construction or other act until the requirements of this code have been satisfied.

   B.   The violation of any of the provisions of this act or failure to comply with any of its requirements shall constitute a misdemeanor. Each day such violation continues shall be considered a separate offense. Any person, entity, agent, contractor, tenant, or landowner who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense.

   C.   The city attorney, in addition to taking whatever criminal action deemed necessary, has the authority to take steps to civilly enjoin any violation of this act.

   D.   The adoption of this title shall not in any manner affect the prosecution for violations of zoning codes committed prior to the effective date hereof or be construed as a waiver of any license or penalty due to the city under such ordinances.

(Ord. 621, 5-20-2025)