Bonners Ferry City Zoning Code

   The following application requirements, procedures and standards of review are adopted to ensure applications are considered in a timely manner and with proper due process of law, consistent with the Idaho Local Land Use Planning Act.

(Ord. 621, 5-20-2025)

   All applications required by this title shall be completed upon forms furnished by the city. To be determined complete by the city, all applications shall contain the minimum general and specific documents and information required by this title.

(Ord. 621, 5-20-2025)

   Fees for applications filed under the terms of this title shall be established by resolution of the city council. The applicable fee established by the city's official fee schedule shall be paid to the city when submitting a completed application. The city shall take no action on any application, appeal, reconsideration or any other request set forth in this title until the required fees, charges, and expenses are paid in full.

(Ord. 621, 5-20-2025)

   A.   Prior to submitting an application with the city, the applicant shall review the proposal with the zoning administrator.

   B.   All applications and fees shall be filed with the city clerk or designee.

   C.   The zoning administrator shall have a reasonable amount of time to review the application for completeness, based upon the standards and requirements of the respective application. A reasonable time is generally considered not more than thirty (30) days.

   D.   The city shall inform the applicant in writing of any additional items that are required to complete the application.

   E.   The city shall provide copies of the application to affected agencies for review and comment, allowing up to thirty (30) days for replies. Affected agencies may include fire, police, street department, utilities, school district, health district, and any other local, state, or federal agencies or services that could be affected by the request, as determined by the zoning administrator. Agency comments shall be provided to the applicant for response and any required actions.

(Ord. 621, 5-20-2025)

   A.   The following applications require public hearings before the planning and zoning commission and may require a public hearing before city council, as specified under the specific application type:

      1.   Annexations;

      2.   Zone changes;

      3.   Comprehensive plan amendments to map and text;

      4.   Planned unit development, except as otherwise specified in this title;

      5.   Text amendments to this title;

      6.   Variances; and

      7.   Special use permits.

   B.   Notice: For those applications requiring public hearings, notice shall be provided in accord with the Idaho Local Land Use Planning Act for the specific file type. When notice for a site-specific application is required to two hundred (200) or more property owners or purchasers of record, sufficient notice shall be deemed to have been provided if the city provides notice through a display advertisement at least four (4) inches by two (2) columns in size in the official newspaper of the city at least fifteen (15) days prior to the hearing date, in addition to site posting on all external boundaries of the site.

   C.   Procedures: All public hearings are subject to the hearing procedures adopted by resolution of the city council.

   D.   Decision Making: Whenever an application requires a public hearing, as specified in this title, the planning and zoning commission and city council shall render a decision, specifying the relevant facts considered in approving or denying the application, and shall provide a reasoned statement in support of the decision and the actions to be taken to obtain approval.

   E.   Written Decision: The city shall issue a written decision to the applicant following the conclusion of the public hearing. The city council decision shall be final, and any recourse shall be as provided by Idaho Code.

(Ord. 621, 5-20-2025)

   A.   Administrative reviews by the zoning administrator or designee are authorized for applications, permits, and requests that do not require a public hearing, as specified by the Local Land Use Planning Act or this title, including the following:

      1.   Zoning permits;

      2.   Zoning reviews in conjunction with building permit applications;

      3.   Administrative site plan reviews;

      4.   Determinations of compliance for uses, standards, land divisions; and

      5.   Requests for interpretation of zoning code and applicability.

   B.   The zoning administrator or designee shall have a reasonable amount of time to review the application for completeness and conformance with zoning standards. The zoning administrator may:

      1.   Request additional information to complete the application;

      2.   Seek review by affected agencies, where it is determined necessary to complete a thorough review of the application;

      3.   Approve the application with conditions; or

      4.   Deny the application.

   C.   The zoning administrator shall provide a written decision, citing the standards of review, whether approved or denied, relevant facts used in reaching the decision, any conditions of approval, and actions to be taken to obtain the permit.

   D.   All decisions of the zoning administrator are considered final unless appealed to the council as set forth in this title.

(Ord. 621, 5-20-2025)

   A.   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:

      1.   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.

      2.   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.

      3.   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.

      4.   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.

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

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

   B.   Mediation: Mediation may occur upon a written request filed with the city clerk by the applicant, an affected person, the planning and zoning commission, or the governing board. Mediation may occur at any point during the decision-making process or after a final decision has been made. If mediation occurs after a final decision, any resolution of differences through mediation must be the subject of another public hearing before the decision-making body. Mediation of planning and zoning issues shall be in accordance with Idaho Code section 67-6510.

(Ord. 621, 5-20-2025)

   The site plan, terms, and conditions of any approved permit are the controlling document for the development and use of the property authorized or required by this title and shall not be modified except in accord with the following:

   A.   Filing: Applications and fees for modifications of any issued land use permit shall be filed with the city clerk.

   B.   Consideration: The same process, standards of review, and notification used for consideration of the original permit shall be followed for the review and consideration of the modification. The governing body or official authorized to approve make the original decision is authorized to consider the modification. The review shall be confined to the modification request.

   C.   Decision: The decision to approve or deny the modification request shall be in writing, based on the same standards of review as the original permit.

(Ord. 621, 5-20-2025)