A.   Designation: This title shall be administered by the zoning administrator, who shall be duly designated by the city council.

   B.   Responsibility And Authority: For the purpose of this title, the zoning administrator shall have the following responsibility and authority:

      1.   Advise interested persons regarding zoning and subdivision ordinance provisions.

      2.   Notify the public, involved agencies and interested media regarding planning and zoning matters, as required by law.

      3.   Advise applicants regarding applications and ordinance compliance.

      4.   Administer and issue land use and development permits, notifications and similar administrative duties.

      5.   Investigate possible violations of this title and take actions as necessary and appropriate to remedy such violations.

      6.   Assist the city council in implementing the provisions of this title.

      7.   Coordinate with other involved public agencies and/or city departments concerning permits which may be required by this title and by previously or subsequently adopted laws.

   C.   Alternative Administrator: In the absence of a zoning administrator duly designated by the city council, an employee or agent designated by the mayor may act on behalf of the city concerning matters arising from the above listed duties and/or the administration of this title.

   D.   Administrative Permit Process: All administrative permits and requests that do not require a public hearing shall be reviewed by the zoning administrator to determine completeness and conformance with zoning standards. The zoning administrator shall provide a written decision, citing standards and code requirements, whether the permit is approved or denied, the reasons for the decision, and any conditions of approval. Administrative decisions are subject to the rights of appeal provided at section 8-3-5 of this title. (Ord. 201, 11-15-2013; amd. Ord. 227, 9-3-2019)

An application for a permit governed by this title shall address the information necessary to determine compliance with this title and other applicable provisions of law. The city council shall review application forms and administrative procedures, as may be developed to demonstrate applicant's compliance with this title, and the applicable provisions of state and local law. (Ord. 201, 11-15-2013)

The city council establishes by resolution a schedule of fees, charges and expenses for matters pertaining to the administration and enforcement of this title, including, but not limited to, costs associated with investigations, preparation of advisory reports, inspections, legal advertising, postage and other such expenses. The schedule of fees will be made available in the office of the city clerk, and may be altered or amended only by the city council. Until all applicable fees, charges and expenses have been paid in full, no application shall be deemed complete for processing pursuant to this title. (Ord. 201, 11-15-2013)

Public hearings, as may be required by this title, or in accordance with the provisions of Idaho Code, shall comply with all public hearing requirements and procedures as adopted by resolution of the city council, and consistent with state law. (Ord. 201, 11-15-2013)

Appeals concerning administrative determinations, land use decisions and/or interpretations of city ordinances, standards and policies by staff and/or authorized agents of the city, shall be heard and decided by the city council. Fees governing appeals must be paid and the specific legal basis for appeals must be stated in writing before an appeal will be accepted for consideration. Appeals must be filed within ninety (90) days of the administrative determination, land use decision or staff interpretation being appealed. Appeals will follow procedures established by the city council by resolution. (Ord. 201, 11-15-2013)

   A.   Specified: It shall be deemed a violation of this title to:

      1.   Construct any building, structure, sign or site improvement for the purpose of establishing any use contrary to the requirements of this title;

      2.   Violate any express prohibition or exceed any express limitation contained in the text or exhibits of this title; or

      3.   Use any land, buildings or premises contrary to the provisions of this title, the terms and conditions of a building, zoning or site plan permit, or the terms and conditions of any permit as may be established by the city council, or duly designated agents of the city. (Ord. 201, 11-15-2013)

   B.   Misdemeanor: Violations of any of the provisions of this title are hereby declared to be a misdemeanor, and shall be subject to penalty as provided in section 1-4-1 of this code. (Ord. 201, 11-15-2013; amd. 2017 Code)

   C.   Separate Offense; Violators: Each day a violation continues shall be considered a separate offense. Any landowner, tenant, subdivider or builder who commits, participates in, assists in or maintains such violation shall be guilty of a violation. (Ord. 201, 11-15-2013)

   A.   Official Designated: The zoning administrator is authorized to enforce the provisions of this title.

   B.   Complaints: Whenever a violation of this title occurs, or is alleged to have occurred, any person or entity may file a complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the city clerk.

   C.   Investigation; Final Determination. The city shall establish a record of complaints or alleged violations of this title, and may investigate. The city council shall make the final determination of action to be taken if the landowner fails to abate the violation.

   D.   Compliance Required: No building, zoning, sign or business license or permit shall be issued unless existing and intended structures, the parcel of land, and the uses of the building and land, conform in all respects with the provisions of this title and other city ordinances.

   E.   Provisions Not Limited: Nothing contained in this section shall prevent the city or public official from filing a legal action or taking such lawful action, at any time, to restrain or prevent any violation of this title.

   F.   Recovery of Costs: Violations of this title are subject to the investigatory fees to recover costs incurred by the city in the processing, enforcement, and abatement of violations.

   G.   Other Actions: In addition to any other actions authorized herein, the city may file with the recorder's office a notice to title of a zoning or use violation that has remained unresolved for forty-five (45) days or more after the first notice of violation was sent by certified mail. After the violation has been resolved, the landowner shall pay a fee as set forth in the city fee schedule for processing the release of the notice to title. (Ord. 201, 11-15-2013; amd. Ord. 227, 9-3-2019)

   A.   Civil Action: In lieu of a criminal action, the city may commence a civil action or proceeding for any violation of this title. The city's legal counsel may apply to such court or courts as may have jurisdiction to grant relief as to abate, terminate and remove unlawful uses, buildings or structures, and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining or using any building, structure, vehicle or property contrary to the provisions of this title, or to any permits or authorizations issued pursuant to this title.

   B.   Civil Penalty: If the court finds by a preponderance of the evidence that a violation of this title has occurred, the court may order a civil penalty of the costs incurred by the city to abate or enjoin the activity. The civil penalty shall be assessed against the property owner and shall be included in the civil judgment entered against the property owner. (Ord. 201, 11-15-2013; amd. Ord. 227, 9-3-2019)

The purpose of this article is to establish standards and a framework of procedures for consideration of requests for special use permits. Special uses are not permitted by right in a particular zoning designation, but may be authorized following a public hearing; provided, that they comply with the standards established by this title. A special use permit is not transferable from one parcel of land to another, nor shall it be considered as establishing a binding precedent to grant other special use permits in similar locations or circumstances. A special use permit may be issued subject to performance or compliance with conditions as outlined in this title and as addressed by the specific proposal or application. (Ord. 201, 11-15-2013)

Special use permit requests require a public hearing before the city council. Notice shall comply with legal requirements established by Idaho Code. Once the city has determined the application is complete, it shall provide affected agencies an opportunity to comment on the proposal prior to the hearing. The agencies shall have a set time not exceeding thirty (30) days to reply. (Ord. 201, 11-15-2013; amd. Ord. 227, 9-3-2019)

A completed special use permit application shall be submitted to the zoning administrator, and shall include, among other matters addressed by the application form:

   A.   A description of the use proposed;

   B.   The manner of implementation of the proposed use, including information about appearance;

   C.   Materials to be used and configuration;

   D.   How it would be compatible with infrastructure and land uses, present and future;

   E.   Why the proposal would not be detrimental to the public interest; and

   F.   A description of potential impacts on adjacent uses, and how those impacts are proposed to be mitigated. (Ord. 201, 11-15-2013)

The city council shall conduct a public hearing to consider testimony and other evidence and review the particular facts and circumstances of each proposed special use. In considering a special use request, the city council may attach appropriate conditions to mitigate impacts and to ensure conformance with the intent of the comprehensive plan and applicable provisions of this title. An application for a special use permit may be approved as presented, conditionally approved or denied by the city council upon determining the following:

   A.   Allowable Special Use: Whether the proposed use does/does not constitute an allowable special use as established by this title within the zoning district involved;

   B.   Conformance, Compatibility: Whether the proposed special use will/will not conform to the purposes and express terms of the applicable zoning designation in which it would be located; and, whether the special use, as proposed or with conditions as may be incorporated, will/will not be compatible and harmonious with present or future land uses in the vicinity of the project;

   C.   Protection Of Health And Safety: Whether the special use, as proposed, or with conditions as may be incorporated, will/will not be adequately protective of the health, safety and welfare of the public in general; and

   D.   Compliance With Standards: Whether the proposed special use will/will not comply with the requirements of the zoning designation, parking requirements and design standards as may be established for that use in chapters 13 and 14 of this title, and all other applicable city ordinances, standards and policies, or other applicable laws and regulations of the state. (Ord. 201, 11-15-2013)

When granting a special use permit, the city council may attach conditions and requirements specific to the proposal, including, but not limited to:

   A.   Conflicts: Minimizing conflicts with present or future development.

   B.   Sequence, Timing: Controlling the sequence and timing of development.

   C.   Duration: Controlling the duration of development.

   D.   Maintenance: Assuring that development is maintained properly.

   E.   Location, Setbacks: Controlling the location and setbacks of development.

   F.   Restrictive Standards: Requiring more restrictive standards than those generally required in the zoning ordinance for uses permitted outright. Such more restrictive standards may include, but not be limited to, additional setbacks, requiring development within time limitations, height restrictions, additional landscaping or screening, lighting restrictions, signage restrictions, selection of building or hardscape materials, location of site accesses, location of site features, prescribing site layout, circulation or grading, restricting hours of operation or activity, design limitations, circulation limits for vehicles or pedestrians, control of site drainage or area wide drainage patterns, prescribing specific use limitations and such other features of use or site development as may be needed to enhance compatibility with use of surrounding lands and public facilities. (Ord. 201, 11-15-2013)

Whenever granting or denying an application for a special use permit, the city council shall render its decision in writing, which shall detail, at a minimum:

   A.   Statement Of Decision: A statement of the decision for approval, approval with conditions or denial. If the decision is approval with conditions, the statement shall further detail the conditions upon which the approval is premised;

   B.   Statement Of Compliance, Noncompliance: A statement of the application's compliance or noncompliance with approval standards and design criteria as detailed in section 8-3A-4 of this article;

   C.   Statement Of Facts: A statement of the relevant facts relied upon in making such determination of compliance or noncompliance; and

   D.   Rationale For Decision: The rationale for the decision based upon compliance or noncompliance with applicable provisions of the comprehensive plan, relevant ordinance and statutory provisions, and factual information contained in the record. (Ord. 201, 11-15-2013)

   A.   Permit Runs With Land; Nontransferable: Unless otherwise established by the terms of the special use permit, upon construction, the permit for use shall remain in effect and shall "run with the land" for the duration of that use on that property, subject to the provisions of section 8-3A-8 of this article. Said permit shall not be transferable from one parcel of land to another.

   B.   Building Permit Validity; Extension: Unless otherwise established by the terms of the special use permit, building permits for development of a requested special use that have not been issued within six (6) months of the date of granting of a special use permit, or if development of the approved special use has not commenced with sustained effort to complete development within twelve (12) months after granting approval of the special use permit, the special use permit shall become null and void, unless the city council has granted a permit extension. Such permit extension shall not exceed twelve (12) months upon a showing of good cause by the applicant. An extension to the permit may only be granted if a written request for extension is filed with the city prior to the date of expiration, and if the city council finds, upon review of the record, that an extension is warranted due to circumstances outside control of the applicant. (Ord. 201, 11-15-2013)

Requests for modifications to the conditions of approval shall require a new public hearing, and shall be subject to the requirements and procedures detailed in sections 8-3A-2 through 8-3A-7 of this article. (Ord. 201, 11-15-2013)

Any special use that operates in violation of the requirements or conditions established for a special use permit, pursuant to this article, may be revoked and the use restricted, suspended and/or be subject to penalties for violation of this title. Enforcement of provisions or terms of special use permits issued pursuant to provisions of this article may be subject to criminal penalty and/or civil action seeking to obtain compliance. (Ord. 201, 11-15-2013)

The purpose of this article is to establish standards and a framework of procedures for consideration of variance requests. A variance is a discretionary exception to the requirements of this title concerning bulk and placement standards, such as lot area, lot coverage, width, depth, setbacks, parking location requirements, height, or any other ordinance provision affecting the size of a structure or the placement of the structure upon the property. Variances may be permitted when, due to unusual natural physical characteristics of the site, a literal enforcement of the provisions of this title would result in unnecessary hardship which would deny an owner all reasonable use of the owner's land. An applicant for a variance bears the responsibility for demonstrating an undue hardship because of unique physical characteristics of the site not created by the property owner, and after meeting that obligation must demonstrate that the implemented variance would not harm the public interest. (Ord. 201, 11-15-2013)

Variance requests require a public hearing before the city council. Notice shall comply with legal requirements established by Idaho Code. Once the city has determined the application is complete, it shall provide affected agencies an opportunity to comment on the proposal prior to the hearing. The agencies shall have a set time not exceeding thirty (30) days to reply. (Ord. 201, 11-15-2013; amd. Ord. 227, 9-3-2019)

   A.   Form; Information Required: A complete application using an application form supplied by the city shall include:

      1.   A site plan;

      2.   A written description of the variance requested;

      3.   Reasons why the variance is warranted, and any supporting documents; and

      4.   Any other pertinent information as may be required by the zoning administrator.

   B.   Public Hearing: The application will be scheduled for public hearing whenever it can be accommodated by the schedule of the hearing body. (Ord. 201, 11-15-2013)

In order to grant approval of a variance request, the city council must make the following findings:

   A.   Applicant Deprived Of Reasonable Use: The strict application of the provisions of this title would deprive the applicant of all reasonable use of his land, as based upon unusual natural characteristics of the land not created by the property owner, and that are not generally applicable to other lands in the community;

   B.   Minimum Variance Necessary: The requested variance represents the minimum necessary to allow the reasonable use of the property; and

   C.   No Adverse Affect: The variance, if granted, would not harm the public interest by adversely affecting public safety, the environment or the legitimate interests of neighboring property owners. (Ord. 201, 11-15-2013)

When granting or denying an application, the city council shall specify in writing the relevant facts considered in evaluating the application, the reasons for approval or denial and the actions, if any, that the applicant could take to obtain a permit. (Ord. 201, 11-15-2013; amd. 2017 Code)

The variance shall be valid for one year from the date of the written decision. An extension not exceeding one year may be granted by the city council if a written request showing good cause for the extension and required fees are filed with the city prior to the expiration date. (Ord. 227, 9-3-2019)

   A.   Boundaries: The city council may amend, by ordinance, the boundaries of the zoning district classifications of lands in accordance with applicable provisions of Idaho Code and this title. Amendments to the zoning map should generally be in accordance with the future land use map and the text of the city comprehensive plan.

   B.   Text: The city council may amend, by ordinance, the text of this title in accordance with applicable provisions of this title, Idaho Code and the text of the city comprehensive plan. Amendment of the text of this title is a legislative act committed to the sound discretion of city council. (Ord. 201, 11-15-2013)

   A.   Public Hearing: Zoning amendment requests shall require a public hearing before the city council, with public notice meeting the legal requirements established in Idaho Code.

   B.   Material Changes Require Additional Hearing: Following the city council hearing, if city council makes a material change from what was noticed for the hearing, further notice and hearing shall be required.

   C.   Amendment By Ordinance: An amendment, if approved, shall be implemented by the passage of an ordinance. (Ord. 201, 11-15-2013)

A complete application using an application form supplied by the city shall be included with each amendment request. The application shall include all information required by the application forms, the information required by state law and information otherwise required by this title or by the zoning administrator, as may be necessary in support of the request. The application will be scheduled for public hearing whenever it can be accommodated by the schedule of the hearing body.

   A.   Text Amendment: In addition to information required by the application form, an application to change the text of this title shall provide:

      1.   A description of the amendment requested;

      2.   A statement that describes the rationale for the request;

      3.   The proposed text of the amendment;

      4.   How it would better implement the comprehensive plan; and

      5.   The public purpose that would be achieved by amendment of this title.

   B.   Zoning Map Amendment: In addition to information required by the application form, an application to change zoning district boundaries shall include:

      1.   Authorization by the owner of record, unless request is initiated by the city;

      2.   A description of the amendment or zoning requested, along with a statement that describes the rationale for the request;

      3.   How the amendment would be consistent with the comprehensive plan and the future land use map; and

      4.   How the zone change will or will not be contrary to the interest of the public. (Ord. 201, 11-15-2013)

   A.   Text Amendment:

      1.   The city council, after holding a public hearing on the proposed amendment, and finding that a text amendment to be in accordance with the comprehensive plan, may approve the proposed text amendment, revise the proposed amendment and direct that a hearing on the revised amendment be noticed, or deny the amendment.

      2.   If approved, such amendment shall be implemented with the passage of an ordinance in accordance with procedures established in Idaho Code.

   B.   Zoning Map Amendment: The city council, after holding a public hearing on the proposed amendment, may revise the proposed amendment and direct that a hearing on the revised amendment be noticed, or they may approve or deny the requested amendment, as based upon the following considerations:

      1.   Consistency of the proposed amendment with the comprehensive plan and the future land use plan;

      2.   Compatibility of the proposed amendment with adjoining land uses, both present and future; and

      3.   Adequacy of the public infrastructure to support the range of uses allowed in the proposed zone. (Ord. 201, 11-15-2013)

When granting or denying a requested amendment to the text of this title or the zoning ordinance map, the city council shall specify the relevant facts considered in evaluating the request, the reasons for approval or denial and the actions, if any, that the applicant could take to obtain approval. The applicant will be notified of the decision in writing. (Ord. 201, 11-15-2013; amd. 2017 Code)

Idaho Code section 67-6526 requires that cities and counties negotiate an area of city impact. The purpose of establishing an area of city impact is to identify a logical fringe area adjoining the city of Kootenai. The fringe area includes the unincorporated area surrounding Kootenai that has a potential for development that could affect the provision of public services or the quality of life in the city. (Ord. 210, 8-24-2016)

The following factors were considered by the city council in identifying the area of city impact for Kootenai:

   A.   Trade areas;

   B.   Geographic factors;

   C.   Area that can reasonably be expected to be annexed to the city in the future;

   D.   Areas where extension of city services is possible and reasonable;

   E.   Areas where growth is occurring or growth is anticipated to occur;

   F.   Areas in which to encourage or discourage particular types of growth and development and for which the city may want some form of control over in the future. (Ord. 210, 8-24-2016)

The officially adopted geographic area of city impact is as shown on the map entitled "Area Of City Impact For Kootenai, Idaho". All parcels of land lying all or in part within the area of city impact shall be subject to provisions of this article. The map is available for review at the Kootenai City Hall during regular business hours. (Ord. 210, 8-24-2016)

The comprehensive plan and subsequent amendments thereof, as officially adopted by Bonner County, Idaho, shall apply to the unincorporated portion of Bonner County, Idaho, lying within the area of city impact. (Ord. 210, 8-24-2016)

The zoning and subdivision ordinances and subsequent amendments thereto, as officially adopted by Bonner County, Idaho, shall apply to the unincorporated portion of Bonner County, Idaho, lying within the area of city impact. (Ord. 210, 8-24-2016)

Any request for development, zone change, conditional use permit, variance or subdivision in the unincorporated portion of Bonner County, Idaho, lying within the area of city impact, shall be referred to the city council of Kootenai, Idaho, for review and comment. The city council shall have forty (40) days to consider the request and submit a reply to the board of county commissioners, Bonner County, Idaho. If no reply is received by the board of county commissioners within the forty (40) day period, the city council forfeits its right to comment on the request, and processing shall continue under the board's administration. (Ord. 210, 8-24-2016)

The administration of plans and ordinances that apply to the area of city impact shall be the duty of the governing body which adopted the plans or ordinances originally. (Ord. 210, 8-24-2016)