This title shall be known as the KOOTENAI COUNTY LAND USE AND DEVELOPMENT CODE. (Ord. 493, 6-9-2016)

In addition to the general authorities set out in section 1-1-2 of this code, the provisions of this title are authorized under title 31, chapter 7, Idaho Code, title 46, chapter 10, Idaho Code, title 50, chapter 13, Idaho Code, and title 67, chapter 65, Idaho Code, as amended or subsequently codified. This title is adopted for the purpose of promoting the health, safety, and general welfare of the citizens of Kootenai County, Idaho, in accordance with article XII, section 2 of the Idaho constitution. (Ord. 493, 6-9-2016)

The purposes of this title are as follows:

   A.   To promote the health, safety and the general welfare of the citizens of Kootenai County;

   B.   To protect and promote property rights and enhance property values, while also ensuring that the use of property does not unduly interfere with the lawful use and enjoyment of other properties;

   C.   To comply with the requirements of the local land use planning act, title 67, chapter 65, Idaho Code, and to carry out its intent and purposes;

   D.   To carry out the goals and policies of the Kootenai County comprehensive plan;

   E.   To establish zoning districts within Kootenai County in conformance with section 67-6511, Idaho Code, and in accordance with the goals and policies of the Kootenai County comprehensive plan;

   F.   To provide standards for the orderly growth and development of Kootenai County and to avoid undue concentration of population and overcrowding of land;

   G.   To ensure that development:

      1.   Is performed in conformance with Idaho Code, the requirements of this title, and the requirements of other agencies with jurisdiction;

      2.   Mitigates negative environmental, social and economic impacts;

      3.   Creates buildable lots of reasonable utility and livability;

      4.   Aids in the establishment of a transportation system that is safe, efficient, cost effective, and minimizes congestion;

      5.   Provides for adequate and affordable fire, water, sewer, stormwater and other services;

      6.   Encourages the conservation of open space and environmentally sensitive areas;

   H.   To protect property, surface water, and groundwater against significant adverse effects from excavation, filling, clearing, unstable earthworks, soil erosion, sedimentation, and stormwater collection and runoff;

   I.   To provide maximum safety in the development and design of building sites, roads, and other service amenities;

   J.   To minimize public and private losses due to flood conditions in specific areas by provisions designed:

      1.   To protect human life and health;

      2.   To minimize expenditure of public money and costly flood control projects;

      3.   To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

      4.   To minimize prolonged business interruptions;

      5.   To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in special flood hazard areas;

      6.   To help maintain a stable tax base by providing for the sound use and development of special flood hazard areas so as to minimize future flood blight areas;

      7.   To ensure that potential buyers are notified that property is in a special flood hazard area;

      8.   To ensure that those who occupy special flood hazard areas assume responsibility for their actions; and

      9.   To meet federal requirements so Kootenai County may participate in the national flood insurance program;

   K.   To provide a method of administration and enforcement of the provisions of this title.

   L.   To ensure that all property owners and affected persons are afforded due process of law. (Ord. 493, 6-9-2016; amd. Ord. 545, 10-3-2019)

The provisions of this title shall apply to all property located within the unincorporated areas of Kootenai County, Idaho, with the following exceptions:

   A.   Lands owned by the federal government or any agency thereof;

   B.   Lands located within the exterior boundaries of the Coeur d'Alene Indian Reservation which are owned by the Coeur d'Alene Tribe, or any enrolled member thereof, or by the federal government in trust for the tribe or any enrolled member thereof; and

   C.   Lands owned by the state of Idaho that are:

      1.   School endowment lands;

      2.   Transportation systems of statewide importance, as determined by the Idaho transportation board; or

      3.   Submerged lands under the jurisdiction of the Idaho department of lands. (Ord. 493, 6-9-2016)

The regulation of land use and the enforcement thereof, as set forth in the provisions of this title, are hereby declared to be discretionary functions and duties of county government within the meaning of section 6-904, Idaho Code. (Ord. 493, 6-9-2016)

All applications for permits or approvals made pursuant to the provisions of this title shall be governed by the rules and policies in effect as of the day on which a complete application is submitted to the department. Vesting may be waived in writing by the applicant, but in executing such waiver, the applicant must agree that the application will be subject to all of the then current provisions of this title as of the date on which the waiver was submitted to the department. (Ord. 493, 6-9-2016)

Except when the context clearly indicates otherwise, the provisions of this title shall be observed and applied as follows:

   A.   Words used in the present tense shall include the future tense.

   B.   Words used in the singular number shall include the plural number and the plural the singular.

   C.   The words "shall" and "must" are mandatory.

   D.   The word "may" is permissive, and indicates the ability to exercise sound discretion. "Sound discretion" involves the following:

      1.   Recognizing a matter as discretionary;

      2.   Acting within the outer boundaries of that discretion and consistently with any legal standards applicable to specific choices; and

      3.   Reaching a decision through an exercise of reason.

   E.   The phrase "used for" shall include the phrases "arranged for", "designed for", "maintained for", and "occupied for". (Ord. 493, 6-9-2016)

   A.   The requirements of this title will be held to be minimum requirements, in that whenever the provisions of any other duly adopted statute, ordinance, or regulation require more restrictive standards than those contained in this title, the provisions of such standards shall govern and, in any event, the applicant or proponent may voluntarily elect to incorporate more restrictive standards than might otherwise apply.

   B.   The provisions of this title shall be applied in a uniform manner. Provisions which apply to a particular zone shall apply uniformly within that zone.

   C.   The provisions of this title shall be interpreted:

      1.   In a manner that best carries out the purpose and intent of the zones adopted herein, as shown on the official zoning map of Kootenai County;

      2.   In accordance with the Kootenai County comprehensive plan; and

      3.   In a manner consistent with applicable federal and state law. (Ord. 493, 6-9-2016)

Subject to the provisions of chapter 8, article 8.7 of this title, 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 provisions of this title which apply in the zone in which it is located, except to the extent that such provisions may be preempted under applicable federal or state law, or fully covered by other applicable laws or regulations (where, in the case of a conflict, such laws or regulations shall apply). (Ord. 493, 6-9-2016)

The provisions of the Kootenai County building code ordinance, title 7, chapter 1 of this code, and all codes adopted by reference therein, shall remain in effect under the administration of the director to the extent that they regulate the construction of buildings or other structures. If any conflict occurs between provisions of this title, or between a provision of this title and a provision of title 7, chapter 1 of this code, the more restrictive provision shall take precedence. (Ord. 493, 6-9-2016)

   A.   The county shall be divided into zones as established herein, with the zones applying to individual properties being as shown on the official zoning map of Kootenai County, Idaho ("official zoning map"). The then current official zoning map, together with all explanatory matter thereon, is hereby adopted and incorporated into this title by reference herein.

   B.   The official zoning map shall be identified by the physical or electronic signature of the chairman of the board, attested by the county clerk:

   C.   Changes in boundaries of zones shall be made by ordinance after duly noticed public hearing as prescribed by Idaho Code and chapter 8, article 8.4 of this title. Upon adoption and publication of such amendment ordinance, said changes shall be made on the official zoning map, along with a notation of the date, file number(s), and initials of the person making the changes.

   D.   The official zoning map shall be in electronic format available for public viewing on the county website. The official zoning map shall be continuously updated as changes in zoning are approved by the board. The official zoning map, as updated, shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the county. One or more physical reproductions of the official zoning map shall be located in the office of Kootenai County community development. Any reproductions of the official zoning map shall be true and correct reproductions of the official zoning map to the greatest extent possible (with the exception of signatures), but any such reproductions shall not be considered official. (Ord. 493, 6-9-2016)

   A.   In the event that the official zoning map is destroyed, lost, or becomes irreparably damaged, compromised, or difficult to interpret, the board may, by ordinance, adopt a new official zoning map which shall supersede all previously adopted official zoning maps. The new official zoning map may correct drafting or other errors or omissions contained in any previously adopted official zoning map. The new official zoning map shall be identified by the physical or electronic signature of the chairman of the board, attested by the county clerk, as follows:

   B.   Except in the event of total loss or destruction, all previously adopted versions of the official zoning map, or any remaining significant parts thereof, shall be preserved together with all available records pertaining to its adoption or amendment. (Ord. 493, 6-9-2016)

Where uncertainty exists as to the boundaries of a zone, as shown on the official zoning map, the following rules shall apply:

   A.   Boundaries indicated as approximately following the centerline of streets, highways, or alleys shall be construed to follow such centerlines;

   B.   Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

   C.   Boundaries indicated as approximately following city limits shall be construed as following such city limits;

   D.   Boundaries indicated as following railroad lines shall be construed to follow the centerline of the railroad right of way;

   E.   Boundaries indicated as following a shoreline of a lake or reservoir shall be construed to follow the ordinary high water mark of that lake or reservoir. Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines;

   F.   Boundaries indicated as parallel to or extensions of features indicated in subsections A through E of this section, shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map;

   G.   Boundaries indicated as following section or township lines shall be construed as following such section or township lines;

   H.   Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections A through G of this section, the director shall provide an interpretation regarding the location of the zone boundary upon written request of an affected person.

   I.   If a zone boundary line divides a parcel, the director may permit the entire parcel to be included in one of the zones that then apply to that parcel so that only one zone and its associated regulations will apply to that parcel. (Ord. 493, 6-9-2016)

   A.   Amendments to any provision of the text of this title may be proposed by any person at any time. Text amendments may also be initiated by department staff, the planning commission, or the board. An application for a text amendment other than one initiated by department staff, the planning commission, or the board, must be in writing on a form approved by the department, must include the appropriate application fee, and must also include a narrative addressing the following:

      1.   The nature of the proposed amendment, clearly showing the language to be added, amended, or repealed, and the conditions supporting the proposed amendment.

      2.   Facts to justify the proposed amendment on the basis of advancing public health, safety, and general welfare.

      3.   The effect the proposed amendment will have on property rights, hazardous or sensitive areas, community design, neighborhood character, delivery of public services and utilities, etc., with respect to properties potentially affected by the proposed amendment.

      4.   The potential effects of denial of the proposed amendment.

      5.   How the proposed amendment would be in accordance with the comprehensive plan.

   B.   For text amendments initiated by department staff, the planning commission, or the board, department staff shall prepare a report detailing the above listed considerations.

   C.   The department shall schedule a public hearing on a proposed text amendment before the commission for its consideration and recommendation. In the event the commission finds that it is inclined to recommend a material change to the proposed text amendment, it may include that material change in its recommendation to the board, or may direct the department to schedule a second public hearing before the commission on the proposed change. The notice for the second public hearing shall include both the proposed text amendment and the proposed change.

   D.   Upon receipt of the commission's recommendation, the department shall schedule a public hearing before the board for consideration of the proposed amendment and the recommendation of the commission. In the event the board finds that it is inclined to make a material change to the recommendation of the commission, the department shall schedule a second public hearing before the board on the proposed change. The notice for the second public hearing shall include both the recommendation of the commission and the proposed change. (Ord. 493, 6-9-2016)

   A.   An application for an amendment to the official zoning map may be made by any owner or person with a bona fide interest in the property that is the subject of the proposed amendment. The application must be in writing on a form approved by the department, must include the appropriate application fee, and must also include a narrative addressing the following:

      1.   The existing zoning of the property, and the date on which that zoning became effective.

      2.   The nature of the proposed amendment.

      3.   The circumstances which justify the proposed amendment. These may include, without limitation, changes in conditions or changes to the Comprehensive Plan or this title since the existing zoning was adopted, or that the existing zoning was made in error.

      4.   Why the proposed amendment promotes the public health, safety, and general welfare.

      5.   The effect the proposed amendment will have on the property that is the subject of the proposed amendment, and on the property rights, value and character of neighboring properties.

      6.   The effect on the property owner if the proposed amendment is not granted.

      7.   Why the proposed amendment would not be in conflict with the Comprehensive Plan.

      8.   Authorization for application by the owner of record of the affected property, if not the applicant.

   B.   Amendments to the official zoning map may also be initiated by department staff, the Planning Commission, or the Board.

   C.   A proposed amendment to the official zoning map which is Countywide or area wide in scope, or involves the potential rezoning of multiple parcels, shall initially be heard before the commission, and proceedings on such amendments shall be deemed to be legislative in nature. A proposed amendment to the official zoning map which is site specific and has been proposed by one or more individual property owners shall initially be heard before a hearing examiner, and proceedings on such amendments shall be deemed to be quasi-judicial in nature.

   D.   The department shall schedule a public hearing on a proposed amendment to the official zoning map before the appropriate hearing body for its consideration and recommendation. In the event the hearing body finds that it is inclined to recommend a material change to the proposed amendment, it may include that material change in its recommendation to the Board, or may direct the department to schedule a second public hearing before the hearing body on the proposed change. The notice for the second public hearing shall include both the proposed amendment and the proposed change.

   E.   Upon receipt of the hearing body's recommendation, the department shall schedule a public hearing before the Board for consideration of the proposed amendment and the recommendation of the hearing body. In the event the Board finds that it is inclined to make a material change to the recommendation of the hearing body, the department shall schedule a second public hearing before the Board on the proposed change. The notice for the second public hearing shall include both the recommendation of the commission and the proposed change. (Ord. 493, 6-9-2016)

The notice requirements and procedures for legislative public hearings, as set forth in section 67-6509, Idaho Code and in chapter 8, article 8.4 of this title, shall apply to all public hearings to consider a proposed amendment to the text of this title or to the official zoning map. (Ord. 493, 6-9-2016)

   A.   Before a proposed amendment to the text of this title can be approved, the Board must find that the proposed amendment is not in conflict with the policies set forth in the Comprehensive Plan.

   B.   Standards pertaining to overlay zoning districts shall not be approved unless they are clear and objective, and can be applied in a manner which does not constitute a regulatory taking pursuant to Idaho or Federal law. (Ord. 514, 9-28-2017)

   A.   Before a proposed change to the Official Zoning Map can be approved, the Board must make the following findings:

      1.   The applicant has demonstrated sufficient justification for the proposed change based on the requirements of subsection 8.1.402A of this article.

      2.   The proposed change is generally consistent with the land use designation in the Comprehensive Plan which applies to the subject property.

      3.   The proposed change is generally compatible with the present and reasonably expected future land uses within the vicinity of the subject property.

      4.   The proposed change is supported by adequate infrastructure for the range of uses allowed in the proposed zone, or will be supported by infrastructure reasonably expected to be adequate to support such uses in the near future.

      5.   After giving particular consideration to the effects of the proposed zone change upon the delivery of public services provided by political subdivisions, including school districts, within the County, the proposed zone change will not result in demonstrably adverse impacts upon the delivery of those services.

      6.   The proposed change will not have a materially adverse effect on the value, character, or use and enjoyment of neighboring properties.

      7.   Denial of the proposed change would have a materially adverse effect on the use and enjoyment of the property which is the subject of the application.

      8.   The proposed change is not in conflict with the policies set forth in the Comprehensive Plan.

      9.   The subject property is suitable for the proposed zoning.

      10.   The proposed zone change will not be materially detrimental to or endanger the public health, safety or general welfare.

      11.   The proposed change will not result in undue traffic congestion or traffic hazards.

   B.   For purposes of this section, "vicinity" shall mean the neighborhood, district, or area surrounding or in close proximity to the subject property. "Vicinity" does not imply a definite distance, but would generally be expected to increase in proportion to the size of the subject property or the intensity of the uses permitted in the proposed zone as compared to the existing zone.

   C.   If the proposed change to the Official Zoning Map is not approved, the Board may remand the matter to the Planning Commission to consider a proposal to amend the Comprehensive Plan pertaining to that property under the notice and hearing procedures provided in section 67-6509, Idaho Code and in chapter 8, article 8.4 of this title. If the Comprehensive Plan amendment is approved, the Board shall then hold a public hearing and make a decision on the proposed change to the Official Zoning Map. (Ord. 513, 9-28-2017)