Bonners Ferry City Zoning Code

The purpose of this chapter is to recognize that certain parcels, lots, uses of land, and structures may have been lawfully established prior to the effective date of zoning or subdivision ordinances governing them but may not conform to the provisions of this title. This chapter sets forth the standards for the continuance of nonconforming uses, land, and structures in accordance with this title. (Ord. 621, 5-20-2025)

A nonconforming use, as defined by this title, may be continued subject to the following provisions:

   A.   No such nonconforming use or the intensity of such use shall be enlarged or increased nor extended to occupy a greater area of land than was lawfully occupied at the effective date of the zoning laws in effect at the time the use began.

   B.   No such nonconforming use shall be moved in whole or in part to any other portion of the subject lot or parcel occupied by such use at the effective date of adoption or amendment hereof.

   C.   If any such nonconforming use of land ceases for any reason for a period of more than one (1) year, any subsequent use of such land shall conform to the regulations specified by this title for the district in which such land is located, except as provided at section 11-7-8 of this title. (Ord. 621, 5-20-2025)

Where a structure exists that was lawfully built in accord with the laws in effect at the time of construction, but could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other zoning requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   No such nonconforming structure may be enlarged or altered in any way that increases its nonconformity. Any structure or portion thereof may be altered to decrease its nonconformity.

   B.   A nonconforming structure or nonconforming portion of a structure destroyed by any means may be reconstructed so long as the reconstruction does not increase its nonconformity and reconstruction occurs within one (1) year of its destruction.

   C.   Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district or zone in which it is located after it is moved.

   D.   No nonconforming portion of a structure may be enlarged or altered in any way that increases its bulk, such as lot area, open space, yards, lot coverage, height, impervious surface ratios and floor area ratios. (Ord. 621, 5-20-2025)

If a use of a structure or of structures and premises in combination was lawfully established under the laws in effect at the time of construction and use, but would not be allowed in the district under the terms of this title, the lawful structure and use in combination may be continued subject to the following conditions:

   A.   No existing structure devoted to a use not permitted in the district in which it is located shall be enlarged, extended, constructed, reconstructed or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located, nor shall the intensity of such use be increased or extended, except as provided in this subsection.

   B.   Any nonconforming use may be extended throughout any parts of a building that were obviously arranged or designed for such use at the time of adoption or amendment hereof, but no such use shall be extended to occupy any land outside such building.

   C.   When a nonconforming use of a structure or a structure and premises in combination is discontinued or abandoned for a period of one (1) year the structure or structure and premises in combination shall conform to the regulations specified by this title for the district in which such structure and land is located. See section 11-7-8 of this chapter for the procedure to continue the use of a nonconforming structure or combination of structure and premises.

   D.   Any nonconforming building or structure in combination with a nonconforming use that is damaged more than sixty percent (60%) of its then fair market value, exclusive of the foundations, at the time of damage by fire, flood, explosion, war, riot or act of God, shall not be restored or reconstructed and used as before such damage. If less than sixty percent (60%) of the structure is damaged above the foundation, it may be restored, reconstructed or used as before, provided that it is restored within six (6) months of such happening and be built of like or similar or better materials. This time may be extended upon application of the owner to the city for extenuating circumstances.

   E.   An extension, enlargement, or expansion of a nonconforming structure may be granted through approval of a special use permit, not to exceed twenty-five percent (25%) of the ground area of the building.

   F.   A nonconforming use may be changed to a use permitted within the applicable zone. Once a conforming use is established, the nonconforming, grandfathered rights are no longer valid. (Ord. 621, 5-20-2025)

   A.   Legal, Nonconforming Lots Or Parcels: A parcel or lot that was lawfully created under the laws in effect at the time of its creation but does not meet current requirements for lot size minimum, design, or other zoning standards, may be developed in accord with the uses of the applicable zoning district, provided:

      1.   The structure meets all required setback, height, lot coverage, or other bulk requirements or obtains an approved variance to those standards.

      2.   The lot or parcel has not been further divided or adjusted so as to increase its nonconformity, in violation of the laws in effect at the time of the adjustment.

      3.   The lot or parcel has legal, developed access. (Ord. 621, 5-20-2025)

On any nonconforming structure, or portion of a structure containing a nonconforming use, work may be done on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, provided that the cubic content existing when it became nonconforming shall not be increased. Nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety upon order of such official. (Ord. 621, 5-20-2025)

Nothing in this title shall be deemed to require any change in the plans for construction or designated use of any building upon which actual construction was lawfully begun and has continued, prior to the adoption of this title, provided that such building shall be completed within one (1) year of permit issuance. (Ord. 621, 5-20-2025)

   A.   If the nonconforming use is discontinued for a period of one (1) year or longer, the city shall, by written request, require that the owner(s) declare their intention with respect to the continued non-use of the improvements in writing within twenty-eight (28) days of receipt of the request. If the owner(s) elect to continue the non-use, they shall notify the city in writing of their intention and shall post the property with notice of intent to continue the non-use of the improvements. They shall also publish notice of intent to continue the non-use in the official newspaper of the City of Bonners Ferry. If the property owner(s) comply with the requirements of this subsection, their rights to use such improvements in the future for their designed purpose shall continue for a period of ten (10) years, notwithstanding any change in the zoning of the property.

   B.   The property owner may voluntarily elect to withdraw the use by filing with the clerk of the city an affidavit of withdrawn use. If the property is redesigned for a different use, the property owner shall be deemed to have abandoned any grandfather right to the prior use of the property.

   C.   The provisions of this section shall not be construed to prohibit the city from passing or enforcing any other law or ordinance for the protection of the public health, safety and welfare. (Ord. 621, 5-20-2025)