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Kootenai City Zoning Code

CHAPTER 5

ZONING DISTRICTS AND MAP

8-5-1 ZONING DISTRICTS DESIGNATED:

For the purpose of this title, the city shall be and is hereby divided into zoning districts and zoning overlay districts as follows:
Agriculture (AG) zone
Recreational (REC) zone
Rural (RU) zone
Rural-suburban transition (R-S) zone
Single-family residential (R-1) zone
Multi-family residential (M-F) zone
Neighborhood-office overlay (N-O) district
Commercial (C) zone
Commercial-light industrial (C-LI) zone
Industrial (IND) zone
Downtown commercial (DT) district
(Ord. 201, 11-15-2013; amd. 2017 Code)

8-5-2 OFFICIAL ZONING DISTRICT MAP:

   A.   Scope: Zoning classification and zoning districts are hereby established for all real property lying within the city, and all real property is hereby zoned or rezoned in accordance with and pursuant to the official zoning map and the legal descriptions hereinafter referenced.
   B.   Map Adopted:
      1.   The official zoning map depicting the zoning classifications for the real property located within the city is hereby adopted and made a part of this title by reference.
      2.   Said map shall be the official zoning map of the city and shall hereby zone, rezone and/or reestablish zoning classification and the boundaries surrounding each zoning district for all real property lying within the city on the effective date hereof.
   C.   Applicability Of Map: Upon adoption hereof, said map shall:
      1.   Be referred to as the official zoning map of the city, unless and until further amended or modified by appropriate legal ordinance; and
      2.   Shall constitute the legal evidence of the existing zoning classification of any and all parcels of real property located within the city.
   D.   Amendments: If, in accordance with the provisions of this title, changes are made in zone boundaries or other information portrayed on the official zoning district map, such changes shall be entered on the official zoning district map promptly after the amendment has been approved by the city council.
   E.   Unauthorized Changes: No changes of any nature shall be made in the official zoning district map or information shown thereon except in conformity with the procedures set forth in this title. Any unauthorized changes of whatever kind by any person or persons shall be considered a violation of this title.
   F.   Location Of Official Map: Regardless of the existence of purported copies of the official zoning district map, which may from time to time be made or published, the official zoning district map, which shall be located in the office of the city clerk, shall be the final authority as to the current zoning status of land and water area, buildings and other structures in the city. (Ord. 201, 11-15-2013)

8-5-3 REPLACEMENT OF OFFICIAL ZONING DISTRICT MAP:

   A.   Permitted: In the event that the official zoning district map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the city council may adopt by resolution a new official zoning district map, which shall supersede the prior official zoning district map. The new official zoning district map may correct drafting or other errors or omissions in the prior official zoning district map, but no such corrections shall have the effect of amending the original official zoning district map or any subsequent amendment thereof. The map shall contain the following statement: "This is to verify that this Official Zoning District Map supersedes and replaces the Official Zoning District Map adopted (date of adoption of map being replaced)", with said certification signed by the mayor.
   B.   Preservation: Unless the prior official zoning district map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment. (Ord. 201, 11-15-2013)

8-5-4 RULES FOR INTERPRETATION OF ZONE BOUNDARIES:

When uncertainty exists as to the boundaries of a zone as shown on the official zoning district map, the following rules shall apply:
   A.   Centerline Of Streets, Highways Or Alleys: Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be construed to follow such centerlines;
   B.   Platted Lot Lines: Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;
   C.   City Limits: Boundaries indicated as approximately following city limits shall be construed as following such city limits;
   D.   Railroad Lines: Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;
   E.   Shorelines; Bodies Of Water: Boundaries indicated as following shorelines shall be construed to follow such shorelines and legally established meander lines, which may be referenced as ordinary high water marks (OHWM). In the event of change in the shoreline, it shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines;
   F.   Section, Township Lines: Boundaries indicated as following section or township lines shall be construed as following such section or township lines;
   G.   Parallel To Extensions Of Features: Boundaries indicated as parallel to extensions of features indicated in subsections A through F of this section, shall be so construed. Distances not specifically indicated on the official zoning district map shall be determined by the scale of the map;
   H.   Conflicts: When physical or cultural features existing on the ground are in conflict with those shown on the official zoning district map, or in the other circumstances not covered in subsections A through G of this section, the city council shall interpret the district or zone boundaries;
   I.   Special Exceptions For Adjustments: Where a zone boundary line divides a lot which was in single ownership at the time of passage hereof, the city council may permit, as a special exception the adjustment of zoning boundaries for either portion of the lot by a distance not to exceed fifty feet (50') beyond the district or zone into the remaining portion of the lot. Zone boundary adjustments as determined above shall be administratively adjusted, at the time of approval of the proposed adjustment, with said adjustments reflected on subsequent periodic updates to the city's official zoning map. (Ord. 201, 11-15-2013)

8-5-5 APPLICATION OF ZONE REGULATIONS:

The following regulations set by this section within each zone shall be minimum regulations and shall apply uniformly to each class or kind of structure or land use:
   A.   Conformance: No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered, except in conformity with all of the regulations herein specified for the zone in which it is located.
   B.   Divided Lots: Where a zone boundary line divides a lot, no building, structure or land shall be hereafter occupied, and no building or structure or part thereof shall hereafter be erected, constructed or reconstructed except in conformity with the uses allowed in both zones, with the more restrictive standards of the two (2) zones applying with respect to lot sizes, building heights, setback requirements and other such standards and regulations as may be associated with the applicable zones.
   C.   Prohibitions: No building or other structure shall hereafter be erected or altered:
      1.   To exceed the height regulations;
      2.   To accommodate or house a greater number of families than is permitted on a lot within the underlying zone;
      3.   To occupy a greater percentage of lot area; or
      4.   To have narrower or smaller rear yards, front yards, side yards or other open space than herein required, or in any other manner contrary to the provisions of this title.
   D.   Requirements Used For Other Buildings Prohibited: No part of a yard, or other open space, or off street parking or loading space required about or in connection with any building for the purpose of complying with this title, shall be included as part of a yard, open space or off street parking or loading space similarly required for any other building, unless provided for herein.
   E.   Reduced Dimensions Or Area: No yard or lot existing at the time of the passage hereof shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date hereof shall meet at least the minimum requirements. (Ord. 201, 11-15-2013)

8-5-6 NEW AND UNLISTED USES; PROCEDURE FOR DETERMINATION:

It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the city. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:
   A.   Statement Of Facts: The question concerning any new or unlisted use shall be accompanied by a statement of facts listing the nature of the use, including, but not limited to, whether it involves dwelling activity, sales, processing, type of project, storage, enclosed or open storage, anticipated employment and the amount of noise, odor, fumes, dust, toxic materials and vibration likely to be generated;
   B.   Consideration By City Council: The city council shall consider the nature and describe the performance of the proposed use and its compatibility with the uses permitted in the various districts, and determine the type of zone within which such use should be permitted. (Ord. 201, 11-15-2013)

8-5A-1: PURPOSE:

The purpose of this article is to provide a compilation of permitted uses and special uses allowed in the various zoning districts. The following tables are sorted by types of uses and are to be used as a general reference to uses in the zoning districts. The specific standards and restrictions for the uses are contained in each zoning district and the design standards of chapter 14 of this title. Should any conflict arise between this index and the zoning district standards, the specific standards of the zoning district and design standards shall prevail. (Ord. 227, 9-3-2019)

8-5A-2: RESIDENTIAL USE TABLE:

P= Authorized; S= Specially Permitted; [vacant] = Prohibited use.
Use
AG
REC
RU
R-S
R-1
M-F
N-O
C
C-LI
IND
DT
Use
AG
REC
RU
R-S
R-1
M-F
N-O
C
C-LI
IND
DT
Accessory living unit1
S
S
S
S
P
S
P
S
P
S
Apartment complex, of two or more multi-family buildings
S
S
Childcare, in home
P
P
P
P
P
P
P
Home occupations
P
S
P
P
P
P
Single-family dwelling w/ accessory structures
P
P
P
P
P
P
P
Two-family dwelling unit w/ accessory structures
P
P
P
P
P
P
Three-family dwelling unit w/ accessory structures
P
Four-family dwelling unit w/ accessory structures
P
S
Multi-family dwelling unit w/ 5 or more units
S
Residential unit in upper floors and/or rear of principal structure
S
S
S
P
Notes:
1.   Use is permitted as listed in table only under specific standards of the zoning district and chapter 8-14. See separate zoning districts and section 8-14-3-1 of this title for specific standards and permitting.
 
(Ord. 227, 9-3-2019; amd. Ord. 236, 6-6-2023)

8-5A-3: COMMERCIAL AND INDUSTRIAL USE TABLE:

Use
AG
REC
RU
R-S
R-1
M-F
N-O
C
C-LI
IND
DT
Use
AG
REC
RU
R-S
R-1
M-F
N-O
C
C-LI
IND
DT
Adult daycare
S
S
S
S
S
S
S
S
S
Agricultural production, farming or ranches, as defined by this title
P
P
Animal clinics and veterinary hospitals
S
S
Animal clinics and veterinary hospitals (excluding large animal clinics/hospitals and crematoriums)
S
P
Animal clinics and veterinary hospitals (including large animals) with crematoriums
S
P
Art galleries, artist studios and photographic studios, not meeting the definition/standards of a home occupation
S
Assembly halls, community
S
S
S
S
P
P
P
Automobile, truck, recreational vehicle and heavy equipment sales, service and/or rental
P
P
Bakeries, coffee shops, sandwich shops/delis, and other low-impact uses
S
Barns, stables, riding arenas, structures accessory to agricultural operations
P
P
Bed and breakfast
S
Bed and breakfast, inns and hotels
S
Boarding kennels and animal training schools
S
S
P
Business service operations
P
P
P
Call centers
S
S
Childcare centers, licensed
S
S
S
S
S
S
S
P
P
Churches
S
S
S
S
S
P
P
Eating or drinking establishment
P
P
Eating or drinking establishment (without drive-through)
P
Resorts, commercial and private resorts, limited accessory commercial
S
Communication transmission facilities, communication towers, other communication and wireless transmission facilities
S
S
S
Distribution centers
S
S
Drive-through facilities serving any permitted or special use allowed in this chapter
S
Equipment and small engine repair
P
P
Event facilities, including stadiums, auditoriums, exhibition halls and convention centers
S
S
Food processing operations, excluding slaughterhouses and rendering plants
S
Financial institutions and banks
P
P
Financial institutions and banks (without drive-through)
P
Fuel sales
P
P
P
Funeral homes with crematoriums
S
Funeral homes without crematoriums
S
P
Hospitals, skilled care facilities, residential institutions and residential care facilities over 30,000 sq. ft.
S
S
Hospitals, skilled care facilities, residential institutions and residential care facilities of more than 16 beds, and under 30,000 sq. ft.
P
P
Hotels and motels
S
S
Light manufacturing, meeting the definition of "assemblage", as defined in section 8-2-2 of this title
P
P
S
Manufacturing, processing, fabrication and assembly operations, excluding food processing, slaughterhouses and rendering plants
P
Medical and dental clinics and services under 15,000 sq. ft.
P
P
P
Medical and dental clinics and services over 15,000 sq. ft.
S
S
S
Ministorage and self-storage warehouse facilities
P
P
P
Museums
S
Offices and multi-tenanted office buildings
P
P
P
Outdoor theaters, recreational and entertainment facilities
S
S
S
Parking, public and private lots and structures (as an accessory use)
P
Parking, public and private lots and structures (as a principal use)
S
Parking, public and private lots and structures (as principal or accessory use)
P
P
Parks, private
S
S
S
S
S
S
S
P
Personal services, such as barber shops, beauty salons, massage therapy, nail salons, personal trainers and/or tanning salons, not meeting the definition/standards of a home occupation
S
Personal service establishments
P
P
P
Preschools
P
P
Professional offices, not meeting the standards of home occupation
S
Indoor commercial recreational and/or entertainment facilities
P
P
P
Residential care facilities, including group homes and assisted living facilities, 9 to 16 beds
S
Residential care facilities, including group homes and assisted living facilities, with over 8 beds, but not more than 16 beds
S
Retail and wholesale sales and services under 15,000 sq. ft., excluding distribution centers
P
Retail and wholesale sales and services over 15,000 sq. ft. and less than 30,000 sq. ft., excluding distribution centers
S
Retail and wholesale sales and services under 30,000 sq. ft., excluding distribution centers
P
P
Retail and wholesale sales and services over 30,000 sq. ft. and under 100,000 sq. ft.
S
S
Retail and wholesale sales and service operations
P
Roadside stand of not more than 300 sq. ft. used for the sale of agricultural products produced on site that does not meet setback requirements
S
S
Roadside stands of not more than 300 sq. ft., meeting setback requirements, and used for the sale of agricultural products produced on site
P
P
Schools, public and private
S
S
S
S
S
S
S
S
S
Small accessory commercial activities and operations (including drive-through food and beverage stands) of less than 750 sq. ft., as an accessory use
S
S
S
Small wind energy systems as an accessory use
S
Solid waste transfer station, recycling facility or material recovery facility
S
Storage, accessory to a permitted principal use
P
P
P
S
Swap meets, flea markets and farmers' markets
S
S
S
Temporary building for construction office purposes for a period not to exceed 9 months, or the duration of the construction project, whichever is less
P
P
P
P
P
P
P
P
P
P
P
Vehicle repair services and quick vehicle servicing uses
P
P
Warehousing and storage
S
S
Wholesale sales and shipping operations
S
 
(Ord. 227, 9-3-2019)

8-5A-4: PUBLIC/OTHER:

P= Authorized; S= Specially Permitted; [vacant] = Prohibited use.
Use
AG
REC
RU
R-S
R-1
M-F
N-O
C
C-LI
IND
DT
Use
AG
REC
RU
R-S
R-1
M-F
N-O
C
C-LI
IND
DT
Above-ground public utility facilities and infrastructure
S
S
S
S
S
S
S
S
S
P
Community facilities, including fire stations, public utility installations
P
Parks, public
P
P
P
P
P
P
P
P
P
P
Public building
S
S
S
S
S
S
Public facilities, other than offices
S
S
Public offices
P
P
Public buildings and facilities
P
Public buildings and facilities including fire stations, public utility installations, etc.
P
Wind energy system, distributed
S
S
S
Wind energy systems, multiple small as an accessory use
S
S
S
Wind energy system, one small as an accessory use
P
S
P
P
P
P
P
S
 
(Ord. 227, 9-3-2019)