The Agricultural Zone is a zoning district in which the land has been found to be suitable for uses related to farming, agriculture, forestry, silviculture, aquaculture, and other similar uses. (Ord. 493, 6-9-2016)

   A.   In the Agricultural Zone, no building or premises shall be used, nor shall any building or structure hereafter be erected or altered (unless provided in this title), except for one or more of the following uses in accordance with the standards set forth or referenced in this article; provided, however, that those standards shall not be in conflict with section 67-6529, Idaho Code, which reads in part: "No power granted hereby shall be construed to empower a board of county commissioners to enact any ordinance or resolution which deprives any owner of full and complete use of agricultural land for production of any agricultural product." For purposes of this title, "agricultural land" is defined as a tract of land containing not less than five (5.00) acres, including canal and railroad rights-of-way, used exclusively for agricultural purposes.

   B.   Subdivisions are prohibited in the Agricultural Zone. This prohibition shall not apply to divisions of land exempted from the requirements of chapter 6 of this title pursuant to section 8.6.103 of this title. (Ord. 493, 6-9-2016)

Any cemetery existing as of June 9, 2016, shall be regarded as a conforming use; provided, however, that expansion of any such cemetery shall comply with the applicable provisions of Idaho Code. (Ord. 493, 6-9-2016)

On parcels that are a minimum of five (5.00) acres in size, the following uses are permitted of right, provided that all uses shall leave sixty five percent (65%) of the parcel as open space free from structures:

   A.   Primary uses:

Bed and breakfast inns, subject to the standards set forth in section 8.4.502 of this title.

Cemeteries, provided that they meet all standards of the Idaho Code and are approved by the Panhandle Health District.

Dairy product manufacturing facilities.

General farming and forestry.

One single-family dwelling, which may be a Class A or Class B manufactured home, or one (1) two-family dwelling.

Processing plants, feed mills, packing plants, and warehouses for the purpose of processing, packing, and storage of agricultural products, employing regularly not more than ten (10) persons, but excluding meat, poultry, slaughterhouses, and commercial fertilizer manufacturing.

Public safety wireless communications facilities.

Publicly-owned parks, playgrounds, and recreational facilities.

Sales of agricultural products produced on the premises or on parcels under common ownership. The amount of space dedicated to such use shall not exceed three hundred (300) square feet of building area.

Utility complexes.

Utility services.

   B.   Accessory uses: The following uses are allowed after one or more of the primary uses listed in subsection A of this section have been established:

Accessory buildings.

Automotive hobby activities, subject to the standards set forth in section 8.4.503 of this title.

Cottage industries, subject to the standards set forth in section 8.4.504 of this title.

Home occupations, subject to the standards set forth in section 8.4.501 of this title.

Non-commercial kennels, subject to the standards set forth in section 8.4.505 of this title.

One accessory living unit, subject to the standards set forth in section 8.4.301 of this title.

Temporary hardship use, subject to the standards set forth in section 8.4.302 of this title.

   C.   One personal storage building may be built prior to the establishment of one or more of the primary uses listed in subsection A of this section, subject to the standards set forth in section 8.4.303 of this title.

   D.   Temporary or intermittent recreational use of up to two (2) recreational vehicles, subject to the standards set forth in section 8.4.401 of this title. (Ord. 517, 1-25-2018; amd. Ord. 611, 5-8-2025)

Except as permitted of right or with a conditional use permit or special notice permit as set forth in this article, the following uses are prohibited:

Commercial uses.

Industrial uses.

Manufacturing uses. (Ord. 493, 6-9-2016)

The following setbacks shall apply to all structures in the Agricultural Zone:

 

(Ord. 493, 6-9-2016)

Agricultural products sales stores.

Airports or airstrips.

Automobile wrecking yards or junkyards.

Child care centers, preschools, or Head Start facilities.

Commercial fur farms.

Commercial kennels.

Commercial resorts.

Commercial riding arenas, boarding stables, or equine training facilities.

Feedlots.

Fish hatcheries or fish farms (aquacultural facilities).

Golf courses or driving ranges.

Gun clubs, rifle ranges, or archery ranges.

Hospitals.

Mini-storage facilities or rental warehouses.

Nonprofit trade or business associations.

Places of worship or assembly.

Privately owned recreational facilities which are open to public use.

Public safety facilities or public service facilities.

Racetracks.

Residential care facilities.

Resort lodges, retreat centers, or guest ranches.

Restricted surface mining operations.

Sawmills, shingle or planing mills, or woodworking plants.

Schools.

Slaughterhouses or rendering plants.

Special event locations.

Veterinary hospitals or clinics.

Wholesale greenhouses.

Wireless communication facilities; provided, however, that public safety wireless communication facilities shall be permitted of right. (Ord. 517, 1-25-2018)

The Rural Zone is a zoning district in which the land has been found to be suitable for rural residential uses and uses related to agricultural pursuits, including farming and forestry. (Ord. 493, 6-9-2016)

In the Rural Zone, no building or premises shall be used, nor shall any building or structure hereafter be erected or altered (unless provided in this title) except for the following uses in accordance with the standards set forth or referenced in this article. (Ord. 493, 6-9-2016)

The minimum parcel size in the Rural Zoneshall be five (5.00) acres, except as follows:

   A.   In conservation subdivisions, the maximum density shall be one (1) single family dwelling per five (5.00) acres.

   B.   The minimum size for lots created within the exterior boundaries of the Coeur d’ Alene Tribal Reservation on or after July 1, 2024 shall be ten (10) acres. (Ord. 517, 1-25-2018; amd. Ord. 596, 6-27-2024)

Except as permitted of right or with a conditional use permit or special notice permit as set forth in this article, the following uses are prohibited:

Commercial uses.

Industrial uses.

Manufacturing uses. (Ord. 493, 6-9-2016)

The following setbacks shall apply to all structures in the Rural Zone:

 

 

(Ord. 493, 6-9-2016)

Agricultural products sales stores.

Airports or airstrips.

Asphalt or concrete batch plants.

Automobile wrecking yards or junkyards.

Child care centers, preschools, or Head Start facilities.

Commercial fur farms.

Commercial kennels.

Commercial resorts.

Commercial riding arenas, boarding stables, or equine training facilities.

Explosive manufacturing or storage facilities.

Golf courses or driving ranges.

Gun clubs, rifle ranges, or archery ranges.

Hospitals.

Mini-storage facilities or rental warehouses.

Nonprofit trade or business associations.

Outdoor theaters.

Places of worship or assembly.

Privately owned recreational facilities which are open to public use.

Public safety facilities or public service facilities.

Public utility complex facilities.

Racetracks.

Residential care facilities.

Resort lodges, retreat centers, or guest ranches.

Restricted surface mining operations.

Sawmills, shingle or planing mills, or woodworking plants.

Schools.

Special event locations.

Veterinary hospitals or clinics.

Wholesale greenhouses.

Wireless communication facilities; provided, however, that public safety wireless communication facilities shall be permitted of right.

Zoos. (Ord. 517, 1-25-2018)

The Agricultural Suburban Zone is a zoning district in which the land has been found to be suitable for residential and small scale agricultural uses. (Ord. 493, 6-9-2016)

In the Agricultural Suburban Zone, no building or premises shall be used, nor shall any building or structure hereafter be erected or altered (unless provided in this title), except for the following uses in accordance with the standards set forth in this article. (Ord. 493, 6-9-2016)

The minimum parcel size in the Agricultural Suburban Zone shall be two (2.00) acres, with the following exceptions:

   A.   Conservation subdivisions, which shall be subject to the standards set forth in section 8.6.602 of this title.

   B.   The minimum parcel size for parcels located over the Rathdrum Prairie Aquifer and are subject to the provisions of section 8.7.302 of this title shall be five (5.00) acres. (Ord. 518, 2-15-2018; amd. Ord. 574, 3-22-2022; Ord. 578, 9-8-2022)

Parcels created prior to February 8, 2005 that are a minimum of eight thousand two hundred fifty (8,250) square feet but less than two (2.00) acres in size shall be regarded as conforming parcels for purposes of this title. On such parcels, the following uses are permitted of right, provided that all uses shall leave sixty five percent (65%) of the parcel as open space free from structures:

   A.   Primary uses:

Bed and breakfast inns, subject to the standards set forth in section 8.4.502 of this title.

General farming and forestry, provided that the minimum area for the keeping of livestock shall be three-fourths (3/4) acre. Domestic fowl must be kept in a secure yard or other enclosure at all times.

One single-family dwelling, which may be a Class A manufactured home, or one (1) two-family dwelling.

Publicly-owned parks, playgrounds, or recreational facilities.

Temporary office for the sale of real estate, for a period not to exceed two (2) years.

Utility services.

   B.   Accessory uses: The following uses are allowed after one or more of the primary uses listed in subsection A of this section have been established:

   C.   Temporary or intermittent recreational use of up to two (2) recreational vehicles, subject to the standards set forth in section 8.4.401 of this title. (Ord. 517, 1-25-2018)

   D.   One (1) personal storage building not to exceed two thousand (2,000) square feet may be built prior to the establishment of one or more of the uses listed in subsection A of this section; provided, however, that a special notice permit shall be required for such personal storage buildings where the building will be two hundred (200) square feet or greater and the lot or parcel is less than one (1.00) acre in size. No special notice permit shall be required for a personal storage building if the building will be four hundred (400) square feet or less and the setback areas from the structure to the property lines are two (2) times the normally applicable setback distances. See section 8.2.310 of this article. (Ord. 517, 1-25-2018; amd. Ord. 546, 10-17-2019)

On parcels that are a minimum of two (2.00) acres in size, the following uses are permitted of right, provided that all uses shall leave sixty five percent (65%) of the parcel as open space free from structures:

   A.   Primary uses:

Bed and breakfast inns, subject to the standards set forth in section 8.4.502 of this title.

One single-family dwelling, which may be a Class A manufactured home, or one (1) two-family dwelling.

Public safety wireless communications facilities.

Publicly-owned parks, playgrounds, or recreational facilities.

Temporary office for the sale of real estate, for a period not to exceed two (2) years.

Utility services.

   B.   Accessory uses: The following uses are allowed after one or more of the primary uses listed in subsection A of this section have been established:

Accessory buildings.

Automotive hobby activities, subject to the standards set forth in section 8.4.503 of this title.

Cottage industries, subject to the standards set forth in section 8.4.504 of this title.

Home occupations, subject to the standards set forth in section 8.4.501 of this title.

Non-commercial kennels, subject to the standards set forth in section 8.4.505 of this title.

One accessory living unit, subject to the standards set forth in section 8.4.301 of this title.

Temporary hardship use, subject to the standards set forth in section 8.4.302 of this title.

   C.   One personal storage building may be built prior to the establishment of one or more of the primary uses listed in subsection A of this section, subject to the standards listed in section 8.4.303 of this title.

   D.   Continued operation of airports or airstrips that were in existence as of June 9, 2016.

   E.   Temporary or intermittent recreational use of up to two (2) recreational vehicles, subject to the standards set forth in section 8.4.401 of this title. (Ord. 517, 1-25-2018; amd. Ord. 546, 10-17-2019; Ord. 611, 5-8-2025)

Except as permitted of right or with a conditional use permit or special notice permit as set forth in this article, the following uses are prohibited:

Commercial uses.

Industrial uses.

Manufacturing uses.

The keeping of livestock on parcels of less than three-fourths (3/4) acre in size.

The keeping of domestic fowl on parcels of less than eight thousand two hundred fifty (8,250) square feet in size. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019)

   A.   Setbacks: The following setbacks shall apply to all structures in the Agricultural Suburban Zone:

 

   B.   Off-Street Parking: Standards for off-street parking are set forth in section 8.4.1301 of this title. (Ord. 514, 9-28-2017)

Cemeteries.

Child care centers, preschools, or Head Start facilities.

Commercial kennels.

Commercial resorts.

Commercial riding arenas, boarding stables, or equine training facilities.

Golf courses or driving ranges.

Hospitals.

Medical or dental clinics.

Mini-storage facilities or rental warehouses.

Places of worship or assembly.

Privately-owned recreational facilities which are open to public use.

Public safety facilities or public service facilities.

Public utility complex facilities.

Residential care facilities.

Resort lodges, retreat centers, or guest ranches.

Schools.

Veterinary hospitals or clinics.

Wholesale greenhouses.

Wireless communication facilities; provided, however, that public safety wireless communication facilities shall be permitted of right. The minimum lot size for wireless communication facilities in the Agricultural Suburban Zone, including public safety wireless communication facilities, shall be two (2) acres. (Ord. 517, 1-25-2018)

The Restricted Residential Zone is a zoning district in which the land has been found to be suitable for residential use which is, or is expected to become, a one- or two-family unit living area. Uses are generally limited to residential uses. (Ord. 493, 6-9-2016)

In the Restricted Residential Zone, no building or premises shall be used nor shall any building or structure hereafter be erected or altered (unless provided in this title) except for the following uses in accordance with the standards set forth in this article. (Ord. 493, 6-9-2016)

The minimum parcel size in the Restricted Residential Zone shall be eight thousand two hundred fifty (8,250) square feet, with the following exceptions:

   A.   The maximum density within the boundaries of area of city impact of the City of Hayden Lake shall be one single-family dwelling per acre.

   B.   The minimum parcel size for parcels which are located over the Rathdrum Prairie Aquifer and are subject to the provisions of section 8.7.302 of this title shall be five (5.00) acres. (Ord. 493, 6-9-2016; amd. Ord. 574, 3-22-2022; Ord. 578, 9-8-2022)

On parcels that are a minimum of eight thousand two hundred fifty (8,250) square feet but less than nine thousand nine hundred (9,900) square feet in size, the following uses are permitted, provided that all uses shall leave sixty five percent (65%) of the parcel as open space free from structures:

   A.   Primary uses:

Bed and breakfast inns, subject to the standards set forth in section 8.4.502 of this title.

One single-family dwelling, which may be a Class A manufactured home.

Publicly-owned parks, playgrounds, or recreational facilities.

Temporary office for the sale of real estate for a period not to exceed two (2) years.

Utility services.

   B.   Accessory uses: The following uses are allowed after one or more of the primary uses listed in subsection A of this section have been established:

Accessory buildings.

Automotive hobby activities, subject to the standards set forth in section 8.4.503 of this title.

Home occupations, subject to the standards set forth in section 8.4.501 of this title.

One accessory living unit, subject to the standards set forth in section 8.4.301 of this title.

Temporary hardship use, subject to the standards set forth in section 8.4.302 of this title.

The keeping of domestic fowl, subject to the following limitations:

   Male chickens (roosters) shall not be kept.

   Domestic fowl must be kept in a secure yard or other enclosure at all times.

   C.   Temporary or intermittent recreational use of up to two (2) recreational vehicles, subject to the standards set forth in section 8.4.401 of this title.

   D.   One (1) personal storage building may be built prior to the establishment of one or more of the uses listed in subsection A of this section, subject to the standards listed in section 8.4.303 of this title. (Ord. 517, 1-25-2018; amd. Ord. 546, 10-17-2019; Ord. 611, 5-8-2025)

On parcels that are a minimum of nine thousand nine hundred (9,900) square feet but less than five (5.00) acres in size, the following uses are permitted, provided that all uses shall leave sixty five percent (65%) of the parcel as open space free from structures:

   A.   Primary Uses:

Any of the other primary uses listed in section 8.2.405 of this article.

One single-family dwelling, which may be a Class A manufactured home, or one (1) two-family dwelling.

   B.   Accessory Uses:

      1.   Any of the accessory uses listed in section 8.2.405 of this article, subject to the applicable standards or limitations set forth in that section, are allowed after one or more of the primary uses of right permitted under this section have been established.

      2.   The keeping of livestock, subject to the following limitations:

         a.   The keeping of livestock shall be allowed only after one or more of the primary uses of right permitted under this section have been established.

         b.   The minimum area for the keeping of livestock shall be three-fourths (¾) acre.

         c.   Livestock care and animal waste management must meet all applicable regulations of agencies with jurisdiction.

   C.   Recreational Use: Temporary or intermittent recreational use of up to two (2) recreational vehicles, subject to the standards set forth in section 8.4.401 of this title.

   D.   Storage: One (1) personal storage building may be built prior to the establishment of one or more of the uses listed in subsection A of this section, subject to the standards listed in section 8.4.303 of this title. (Ord. 517, 1-25-2018; amd. Ord. 546, 10-17-2019; Ord. 611, 5-8-2025)

On parcels that are a minimum of five (5.00) acres in size, the following uses are permitted of right, provided that all uses shall leave sixty five percent (65%) of the parcel as open space free from structures:

   A.   Primary Uses: Any of the primary uses listed in sections 8.2.405 and 8.2.406 of this article.

   B.   Accessory Uses:

      1.   Any of the accessory uses listed in section 8.2.405 and 8.2.406 of this article are allowed after one or more of the primary uses of right permitted under this section have been established.

      2.   Accessory uses shall be subject to the applicable standards or limitations set forth in section 8.2.405 or 8.2.406 of this article, except that the keeping of domestic fowl may include male chickens (roosters), and domestic fowl need not be kept in a secure yard or other enclosure.

   C.   Recreational Use: Temporary or intermittent recreational use of up to two (2) recreational vehicles, subject to the standards set forth in section 8.4.401 of this title.

   D.   Storage: One personal storage building not to exceed five thousand (5,000) square feet may be built prior to the establishment of one or more of the primary uses listed in subsection A of this section. (Ord. 517, 1-25-2018; amd. Ord. 546, 10-17-2019; Ord. 611, 5-8-2025)

Except as permitted of right or with a conditional use permit or special notice permit as set forth in this article, the following uses are prohibited:

Commercial uses.

Industrial uses.

Manufacturing uses.

The keeping of domestic fowl on parcels of less than eight thousand two hundred fifty (8,250) square feet in size.

The keeping of livestock on parcels of less than three-fourths (3/4) acre in size. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019)

   A.   Setbacks: The following setbacks shall apply to all structures in the Restricted Residential Zone:

 

 

   B.   Off Street Parking: Standards for off street parking are set forth in section 8.4.1301 of this title. (Ord. 493, 6-9-2016)

Child care centers, preschools, or Head Start facilities.

Commercial resorts.

Golf courses or driving ranges.

Places of worship or assembly.

Privately owned recreational facilities which are open to public use.

Public safety facilities or public service facilities.

Public utility complex facilities.

Residential care facilities.

Resort lodges, retreat centers, or guest ranches.

Schools. (Ord. 517, 1-25-2018)

Annual special event locations, subject to the standards set forth in section 8.5.204 of this title.

Lighting for any outdoor recreational facility permitted of right.

One Class B manufactured home.

Private resorts.

The High Density Residential Zone is a zoning district in which the land has been found to be suitable for high density residential uses, including multiple-family dwellings, manufactured home units used as single-family residences on individual lots, or manufactured home parks permitted through the issuance of a conditional use permit. The predominant housing type in this zone will be manufactured homes and apartments. (Ord. 493, 6-9-2016)

In the High Density Residential Zone, no building or premises shall be used, nor shall any building or structure hereafter be erected or altered (unless provided in this title), except for the following uses in accordance with the standards set forth in this article. (Ord. 493, 6-9-2016)

   A.   Except as otherwise provided in this article, the maximum density in the High Density Residential Zone shall be one dwelling unit per three thousand (3,000) square feet.

   B.   The minimum parcel size for parcels which are located over the Rathdrum Prairie Aquifer and are subject to the provisions of section 8.7.302 of this title shall be five (5.00) acres. (Ord. 493, 6-9-2016; amd. Ord. 574, 3-22-2022; Ord. 578, 9-8-2022)

The following uses are permitted of right, provided that all uses shall leave sixty five percent (65%) of the parcel as open space free from structures:

   A.   Primary uses:

Bed and breakfast inns, subject to the standards set forth in section 8.4.502 of this title.

Multiple-family dwellings are permitted of right on parcels of not less than twelve thousand (12,000) square feet in size with frontage on a public road. There shall be a ratio of not less than three thousand (3,000) square feet of land per dwelling unit.

One single-family dwelling or one (1) two-family dwelling. On parcels of not less than six thousand (6,000) square feet with frontage on a public road, one Class A or Class B manufactured home may be used as a single-family dwelling.

Publicly-owned parks, playgrounds, or recreational facilities.

Temporary office for the sale of real estate for a period not to exceed two (2) years.

Utility services.

   B.   Accessory uses: The following uses are allowed after one or more of the primary uses listed in subsection A of this section have been established:

Accessory buildings.

Automotive hobby activities, subject to the standards set forth in section 8.4.503 of this title.

Home occupations, subject to the standards set forth in section 8.4.501 of this title.

One accessory living unit, subject to the standards set forth in section 8.4.301 of this title.

Temporary hardship use, subject to the standards set forth in section 8.4.302 of this title.

   C.   Temporary or intermittent recreational use of one recreational vehicle, subject to the standards set forth in section 8.4.401 of this title. (Ord. 517, 1-25-2018)

Except as permitted of right or with a conditional use permit or special notice permit as set forth in this article, the following uses are prohibited:

General commercial uses, except as specifically permitted in manufactured home parks under section 8.5.116 of this title.

Industrial uses.

Manufacturing uses.

The keeping of livestock or domestic fowl. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019)

   A.   Setbacks: The following setbacks shall apply to all structures in the High Density Residential Zone, except within manufactured home parks:

 

 

   B.   Off Street Parking: Standards for off street parking are set forth in section 8.4.1301 of this title. (Ord. 493, 6-9-2016)

Any accessory building, structure, or use not located on the same parcel as the primary use, provided that it is located on a parcel within two hundred feet (200') of the parcel on which one or more primary uses listed in section 8.2.504 of this article have been established.

Any building, structure, or use to be built prior to the establishment of one or more of the primary uses listed in section 8.2.504 of this article.

Child care centers, preschools, or Head Start facilities.

Golf courses or driving ranges.

Manufactured home parks.

Public safety facilities.

Public utility complex facilities.

Residential care facilities.

Transitional group housing facilities. (Ord. 517, 1-25-2018)

Annual special event locations, subject to the standards set forth in section 8.5.204 of this title.

Lighting for any outdoor recreational facility permitted of right.

Private resorts.

Utility complexes. (Ord. 493, 6-9-2016)

The Commercial Zone is a zoning district in which the land has been found to be suitable for wholesale and retail sales and services. (Ord. 493, 6-9-2016)

In the Commercial Zone, no building or premises shall be used, nor any building or structure be hereafter erected or altered (unless provided in this title), except for the following uses in accordance with the standards set forth in this article. (Ord. 493, 6-9-2016)

Unless a conditional use permit or special notice permit is required pursuant to section 8.2.606 or 8.2.607 of this article, respectively, the following uses are permitted of right:

   A.   Primary Uses:

      Any eating or drinking establishment, or other entertainment facility.

      Any wholesale, retail or service business.

      General farming and forestry, provided that the minimum lot area for the keeping of livestock shall be three-fourths (3/4) acre.

      Helipads, helicopter operation, and helicopter storage.

      Hospitality businesses such as hotels, motels, condominium or vacation rental facilities, private resorts, commercial resorts, and meeting and convention facilities.

      Marine service businesses, subject to the standards set forth in section 8.4.1502 of this title.

      Mobile commercial vehicles and temporary commercial structures, subject to the standards set forth in section 8.4.1410 of this title.

      Nonprofit trade or business associations.

      Parks, playgrounds, golf courses, and other recreational facilities, whether publicly or privately owned.

      Places of worship or assembly.

      Public or private office buildings.

      Public safety facilities.

      Public safety wireless communication facilities.

      Public service facilities.

      Recreational buildings.

      Recreational vehicle parks, subject to the standards set forth in chapter 4, article 4.4 of this title.

      Residential uses, including single-family, two-family and multiple-family dwellings. Maximum density for residential uses shall be as set forth in section 8.2.503 of this chapter.

      Resort lodges, retreat centers, or guest ranches.

      Transfer, storage, and warehouse facilities, and contractor storage. Storage shall comply with the requirements of section 8.4.605 of this title unless an alternative method of compliance is approved pursuant to section 8.4.606 of this title.

      Universities, colleges, and vocational, trade, or private instructional schools, providing a specialized or single-item curriculum.

      Utility complexes and utility services.

   B.   Accessory Uses: The following uses are allowed after one or more of the primary uses listed in subsection A of this section have been established:

      Accessory buildings.

      Cargo containers, subject to the standards set forth in section 8.4.304 of this title.

      Processing and manufacturing operations which are part of, and ancillary to, the operation of a permitted use.

   C.   Performance Standards:

      1.   Performance standards generally applicable within the Commercial Zone are set forth in section 8.4.1302 of this title.

      2.   Landscaping, screening and fencing shall comply with the standards set forth in chapter 4, article 4.6 of this title unless the parcel is located within the Airport Overlay zone or is expressly modified via approval of an alternative method of compliance pursuant to section 8.4.606 of this title.

      3.   Parking shall comply with the standards set forth in chapter 4, article 4.7 of this title unless the parcel is located within the Airport Overlay zone or is expressly modified via approval of an alternative method of compliance pursuant to section 8.4.705 of this title.

   D.   Public Safety Facilities And Public Service Facilities: Public safety facilities and public service facilities may be located on a lot that is otherwise ineligible for building permits, and shall be exempt from the requirements of section 8.4.1302 of this title.

   E.   Person Storage Buildings: One (1) personal storage building may be built prior to the establishment of one or more of the primary uses set forth in subsection (A) of this section, subject to the standards listed in section 8.4.303 of this title. (Ord. 514, 9-28-2017; amd. Ord. 546, 10-17-2019; Ord. 614, 4-4-2025; Ord. 611, 5-8-2025)

Except as permitted of right or with a conditional use permit or special notice permit as set forth in this article, the following uses are prohibited:

   Automobile wrecking yards and junkyards.

   Processing and manufacturing operations are prohibited unless they are part of, and accessory to, the operation of a use permitted pursuant to this article.

   Sexually oriented businesses.

   Data centers. (Ord. 493, 6-9-2016; amd. Ord. 620, 10-2-2025)

The following setbacks shall apply to all structures in the Commercial Zone:

 

 

(Ord. 493, 6-9-2016)

Outdoor theaters.

Re-entry facilities.

Solid waste transfer stations that are not public utility complex facilities.

Special event locations.

Transitional group housing facilities.

Wireless communication facilities; provided, however, that public safety wireless communication facilities shall be permitted of right.

Zoos. (Ord. 517, 1-25-2018; amd. Ord. 546, 10-17-2019; Ord. 552, 10-15-2020)

Annual special event locations, subject to the standards set forth in section 8.5.204 of this title.

One or more railroad cars or truck cargo containers or trailers used for storage or any other purpose not associated with the active operation of a railroad or trucking business.

Outdoor lighting associated with permitted recreational uses.

Public utility complex facilities.

Uses otherwise permitted of right which are anticipated to generate traffic impacts in excess of the following thresholds according to calculations based on the most current edition of the "Trip Generation Manual" issued by the Institute of Transportation Engineers:

   A.   For sites which access directly onto a State or Federal highway: Twenty five (25) vehicles per hour, or two hundred fifty (250) vehicles per day.

   B.   For sites which access onto other public roads: Fifty (50) vehicles per day.

Uses otherwise permitted of right which are located on a parcel which fronts a State or Federal highway. (Ord. 493, 6-9-2016)

The Mining Zone is a zoning district in which the land has been found to be suitable for excavation and processing materials secured from the earth. (Ord. 493, 6-9-2016)

In the Mining Zone, no building or premises shall be used, nor shall any building or structure hereafter be erected or altered (unless provided in this title), except for the following uses in accordance with the standards set forth in this article. (Ord. 493, 6-9-2016)

   A.   Permitted: The following uses are permitted of right:

All surface and subsurface mining operations, including the processing of materials, necessary plants and offices, equipment, storage space and other facilities directly related to the mining operation.

General farming and forestry, provided that the minimum lot area for the keeping of livestock shall be three-fourths (3/4) acre.

Helipads, helicopter operation, and helicopter storage.

Mobile commercial vehicles and temporary commercial structures, subject to the standards set forth in section 8.4.1409 of this title.

One residential structure for use as a caretaker's quarters.

Public safety facilities.

Public service facilities.

Utility complexes and utility services.

   B.   Performance Standards:

      1.   Performance standards generally applicable within the Mining Zone are set forth in section 8.4.1303 of this title.

      2.   Landscaping, screening and fencing shall comply with the standards set forth in chapter 4, article 4.6 of this title unless the parcel is located within the Airport Overlay zone or is expressly modified via approval of an alternative method of compliance pursuant to section 8.4.606 of this title.

      3.   Parking shall comply with the standards set forth in chapter 4, article 4.7 of this title unless the parcel is located within the Airport Overlay zone or is expressly modified via approval of an alternative method of compliance pursuant to section 8.4.705 of this title.

   C.   Public Safety Facilities And Public Service Facilities: Public safety facilities and public service facilities may be located on a lot that is otherwise ineligible for building permits, and shall be exempt from the requirements of section 8.4.1303 of this title. (Ord. 514, 9-28-2017; amd. Ord. 546, 10-17-2019; Ord. 611, 5-8-2025)

Except as permitted of right or with a conditional use permit or special notice permit as set forth in this article, the following uses are prohibited:

All types of commercial uses.

All types of dwelling units.

Schools, hospitals, childcare centers, preschools, Head Start facilities, places of assembly, places of worship, and cemeteries. (Ord. 493, 6-9-2016)

Re-entry facilities.

Solid waste transfer stations that are not public utility complex facilities.

Special event locations.

Transitional group housing facilities. (Ord. 519, 2-15-2018; amd. Ord. 546, 10-17-2019; Ord. 552, 10-15-2020)

Annual special event locations, subject to the standards set forth in section 8.5.204 of this title.

Asphalt or concrete batch plants.

Public utility complex facilities. (Ord. 514, 9-28-2017)

The Light Industrial Zone is a zoning district in which the land has been found to be suitable for manufacturing and processing of a nonnuisance character. The purpose of the Light Industrial Zone is to encourage the development of manufacturing and wholesale businesses that are clean, quiet, and free of noise, odor, dust, and smoke. (Ord. 493, 6-9-2016)

In the Light Industrial Zone, no building or premises shall be used, nor shall any building or structure hereafter be erected or altered (unless provided in this title), except for the following uses in accordance with the standards set forth in this article. (Ord. 493, 6-9-2016)

   A.   Permitted: The following uses are permitted of right:

Any commercial, manufacturing, or industrial use that complies with the performance standards set forth in sections 8.4.1304 and 8.4.1305 of this title and are not prohibited under section 8.2.804 of this article.

General farming and forestry, provided that the minimum lot area for the keeping of livestock shall be three-fourths (3/4) acre.

Golf courses and driving ranges.

Helipads, helicopter operation, and helicopter storage.

Mini-storage facilities or rental warehouses.

Mobile commercial vehicles and temporary commercial structures, subject to the standards set forth in section 8.4.1409 of this title.

Public safety facilities.

Public safety wireless communications facilities.

Public service facilities.

Publicly-owned parks, playgrounds, or recreational facilities.

Racetracks, subject to the standards set forth in section 8.5.122 of this title.

Transfer, storage, and warehouse facilities, and contractor storage. Storage shall comply with the requirements of section 8.4.605 of this title unless an alternative method of compliance is approved pursuant to section 8.4.606 of this title.

Utility complexes and utility services.

Wholesale, retail or service businesses.

   B.   Performance Standards:

      1.   Performance standards generally applicable within the Light Industrial Zone are set forth in sections 8.4.1304 and 8.4.1305 of this title.

      2.   Landscaping, screening and fencing shall comply with the standards set forth in chapter 4, article 4.6 of this title unless the parcel is located within the Airport Overlay zone or is expressly modified via approval of an alternative method of compliance pursuant to section 8.4.606 of this title.

      3.   Parking shall comply with the standards set forth in chapter 4, article 4.7 of this title unless the parcel is located within the Airport Overlay zone or is expressly modified via approval of an alternative method of compliance pursuant to section 8.4.705 of this title.

   C.   Public Safety Facilities And Public Service Facilities: Public safety facilities and public service facilities may be located on a lot that is otherwise ineligible for building permits, and shall be exempt from the requirements of sections 8.4.1304 and 8.4.1305 of this title. (Ord. 514, 9-28-2017; amd. Ord. 546, 10-17-2019; Ord. 611, 5-8-2025)

Except as permitted of right or with a conditional use permit or special notice permit as set forth in this article, the following uses are prohibited:

Mining, extraction, filling, and soil stripping operations.

Residential uses.

Schools, hospitals, childcare centers, preschools, Head Start facilities, places of assembly, places of worship, and cemeteries.

Sexually oriented businesses.

Stockyards, tanneries, wool scouring and cleaning, cotton textile sizing, scouring, leaching, dyeing, and similar uses.

The manufacture and storage of explosive products, including, without limitation, dynamite, commercial explosives, TNT, military explosives, and fireworks.

The preparation and processing of dust producing mineral products including, without limitation, abrasives, cement, lime, fertilizer, plaster, crushed stone, sand, gravel, and topsoil.

The production and process of coal and coal tar, the processing of petroleum and petroleum products, and petroleum refining.

The production of corrosive and noxious chemicals, including, without limitation, acids, acetylene gas, ammonia, chlorine, and bleaching compounds.

The production of soap, glue, paper, varnish, or creosote.

The smelting and reduction of metallic ores, including, without limitation, blast furnaces, open hearth, and electric furnaces, bessemer converters, and nonferrous metal smelters. (Ord. 493, 6-9-2016)

   A.   Setback Table And Exceptions:

 

   Notes:

      1.    When the use abuts any parcel located in the Agricultural, Rural, Agricultural Suburban, Restricted Residential, or High Density Residential Zone, the side yard setback shall be 5 feet for each story or 10 foot height increment, whichever is lower.

      2.    When a commercial or industrial building abuts any parcel located in the Agricultural, Rural, Agricultural Suburban, Restricted Residential, or High Density Residential Zone, the side yard setback shall be 5 feet for each story or 10 foot height increment, whichever is lower.

Example: If the building is 4 stories, the side yard setback would be 20 feet.

   B.   Building Line Variations: Where there is an established building line in a Light Industrial Zone, a commercial or industrial building may be built on the established building line. The established building line shall be determined by sixty five percent (65%) of the existing buildings within two hundred feet (200') from each side of the lot. (Ord. 493, 6-9-2016)

No building hereafter created or structurally altered in a Light Industrial Zone shall exceed three (3) stories or a maximum height of thirty five feet (35'). (Ord. 493, 6-9-2016)

Above-ground storage of over five thousand (5,000) gallons (per site) of petroleum products.

Automobile wrecking yards or junkyards.

Gun clubs, rifle ranges, or archery ranges.

Re-entry facilities.

Slaughterhouses or rendering plants.

Solid waste transfer stations that are not public utility complex facilities.

Special event locations.

Transitional group housing facilities.

Wireless communication facilities; provided, however, that public safety wireless communication facilities shall be permitted of right. (Ord. 519, 2-15-2018; amd. Ord. 546, 10-17-2019; Ord. 552, 10-15-2020)

Annual special event locations, subject to the standards set forth in section 8.5.204 of this title.

Lighting for any outdoor recreational facility permitted of right.

Public utility complex facilities. (Ord. 514, 9-28-2017)

The Industrial Zone is a zoning district in which the land has been found to be suitable for manufacturing and processing of all types. (Ord. 493, 6-9-2016)

In the Industrial Zone, no building or premises shall be used, nor shall any building or structure hereafter be erected or altered (unless provided in this title), except for the following uses in accordance with the standards set forth in this article. (Ord. 493, 6-9-2016)

   A.   Permitted: The following uses are permitted of right:

Any trade, industry, or processing facility of any type that complies with the performance standards set forth in sections 8.4.1304 and 8.4.1306 of this title and are not prohibited in section 8.2.904 of this article.

Golf courses and driving ranges.

Helipads, helicopter operation, and helicopter storage.

Mobile commercial vehicles and temporary commercial structures, subject to the standards set forth in section 8.4.1409 of this title.

Oil and gas drilling and extraction operations, and exploration operations involving ground disturbances, except as prohibited in section 8.2.904 of this article.

Public safety facilities.

Public safety wireless communications facilities.

Public service facilities.

Publicly-owned parks, playgrounds, or recreational facilities.

Racetracks, subject to the standards set forth in section 8.5.122 of this title.

Recreational buildings.

Sexually oriented businesses, subject to the standards set forth in section 8.4.1202 of this title.

Transfer, storage, and warehouse facilities, and contractor storage. Storage shall comply with the requirements of section 8.4.605 of this title unless an alternative method of compliance is approved pursuant to section 8.4.606 of this title.

Utility complexes and utility services.

   B.   Performance Standards:

      1.   Performance standards generally applicable within the Industrial Zone are set forth in sections 8.4.1304 and 8.4.1306 of this title.

      2.   Landscaping, screening and fencing shall comply with the standards set forth in chapter 4, article 4.6 of this title unless the parcel is located within the Airport Overlay zone or is expressly modified via approval of an alternative method of compliance pursuant to section 8.4.606 of this title.

      3.   Parking shall comply with the standards set forth in chapter 4, article 4.7 of this title unless the parcel is located within the Airport Overlay zone or is expressly modified via approval of an alternative method of compliance pursuant to section 8.4.705 of this title.

   C.   Public Safety Facilities And Public Service Facilities: Public safety facilities and public service facilities may be located on a lot that is otherwise ineligible for building permits, and shall be exempt from the requirements of sections 8.4.1304 and 8.4.1306 of this title. (Ord. 514, 9-28-2017; amd. Ord. 546, 10-17-2019; Ord. 611, 5-8-2025)

Except as permitted of right or with a conditional use permit or special notice permit as set forth in this article, the following uses are prohibited:

Oil and gas exploration, drilling and extraction operations shall be prohibited on all parcels located over the Rathdrum Prairie Aquifer, Chilco Channel Aquifer, or any aquifer recharge area, as determined by Panhandle Health District or the Idaho Department of Environmental Quality.

Residential and commercial uses.

Schools, hospitals, childcare centers, preschools, Head Start facilities, places of assembly, places of worship, and cemeteries. (Ord. 493, 6-9-2016)

   A.   Fixed and permanent structures shall have a minimum setback of fifty feet (50') from any property line.

   B.   If the setback set forth in subsection A of this section would result in a clear area greater than twenty percent (20%) of the total plant site area, the setback distance shall be reduced to not less than the following minimum distances, providing that the resulting clear area is not less than twenty percent (20%) of the total plant site area:

 

 

(Ord. 493, 6-9-2016)

Aboveground storage of over five thousand (5,000) gallons (per site) of petroleum products.

Automobile wrecking yards or junkyards.

Cement, gypsum, or asphalt plants.

Data Centers.

Explosives manufacturing or storage facilities.

Gun clubs, rifle ranges, or archery ranges.

Restricted surface mining operations.

Slaughterhouses or rendering plants.

Solid waste transfer stations that are not public utility complex facilities.

Special event locations.

Wireless communication facilities; provided, however, that public safety wireless communication facilities shall be permitted of right. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019; Ord. 620, 10-2-2025)

Annual special event locations, subject to the standards set forth in section 8.5.204 of this title.

Lighting for any outdoor recreational facility permitted of right.

Public utility complex facilities. (Ord. 514, 9-28-2017)

It is recognized that new types of land uses will develop and forms of land use not anticipated may seek to locate in Kootenai County. The procedure set forth in this article is intended to provide a mechanism for consideration of such changes and contingencies. (Ord. 493, 6-9-2016)

   A.   Authority Of Director: The director may approve the following types of new or unlisted uses under the following circumstances:

      1.   The director may find that a new or unlisted use is an accessory use permitted by right if it is customarily incidental to one of the listed primary uses and otherwise complies with the regulations applicable in that zone.

      2.   The director may find that a new or unlisted use is similar to, or a lesser form of, an existing use which is permitted of right, or an existing use for which a conditional use permit or special notice permit is required, in one or more particular zones. If the director determines that the use in question is similar to, or a lesser form of, an existing use, all performance standards, hearing requirements, and other provisions of this title which apply to that existing use shall be met.

      3.   A determination of the director made pursuant to this subsection may be appealed in accordance with chapter 8, article 8.5 of this title.

   B.   Approval Of Other New And Unlisted Uses: If the director determines that the use in question is a new or unlisted use that cannot be approved pursuant to subsection A of this section, the following procedure shall apply:

      1.   The director shall refer the matter to the planning commission, requesting an interpretation as to the zoning most appropriate for the use in question.

      2.   The referral of the matter shall be accompanied by a statement of facts provided by the applicant, listing the nature and potential impacts of the use in question, including, without limitation, whether it involves dwelling activity, sales, processing, production of a specific product, storage needs, employment of workers, and an accounting of the amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated.

      3.   A public hearing on the matter shall be held before the planning commission in accordance with the provisions of section 67-6511, Idaho Code and chapter 8, article 8.4 of this title.

      4.   The planning commission shall consider the nature and potential impacts of the use in question and its compatibility with the uses permitted in each zone, and shall make the following findings in its recommendation to the board:

         a.   Whether the use should be prohibited, or whether it should be permitted in at least one zone;

         b.   The zones in which the use should be permitted;

         c.   Whether the use should be permitted of right, or whether a conditional use permit or special notice permit should be required; and

         d.   The performance standards which should be associated with the use.

      5.   The planning commission shall transmit its findings and recommendation to the board.

      6.   A public hearing on the matter shall then be held before the board in accordance with the provisions of section 67-6511, Idaho Code and chapter 8, article 8.4 of this title.

      7.   The board shall consider the findings and recommendation of the planning commission and determine whether to adopt amendments to this title in accordance with that recommendation. If the board is inclined to make a material change to the recommendation of the planning commission, a second public hearing before the board must be held before final action is taken. Alternatively, the board may remand the question to the planning commission for further consideration. (Ord. 493, 6-9-2016)

The purpose of the land use tables contained in this article is to assist the public in determining which uses are allowed in which zones, and what land use permits are required when applicable. In the event of any conflict between any of the tables contained in this article and the substantive language contained in this chapter, the substantive language shall govern. (Ord. 493, 6-9-2016)

The tables set forth in this article are not intended to capture uses allowed on legally created lots of record which are less than the minimum lot size. Such uses are set forth in the regulations which apply to each respective zone. (Ord. 493, 6-9-2016)

   A.   Zones:

 

   B.   Classification of uses within the zoning district:

 

 

(Ord. 493, 6-9-2016)

   TABLE 2-1101

   RESIDENTIAL USES

 

Notes:

   1.    Permitted above the first floor of a permitted primary use or in a separate accessory building. Maximum density is 1 dwelling unit per 3,000 square feet.

   2.    Accessory uses which are permitted after the establishment of a primary use.

   3.    1 personal storage building is permitted prior to the establishment of a primary use.

   4.    A special notice permit is required if the parcel is less than 2 acres; maximum building size is 2,000 square feet.

   5.    Minimum parcel size is 9,900 square feet.

   6.    Minimum parcel size is 12,000 square feet; parcel must have frontage on a public road; maximum density is 3,000 square feet per dwelling unit.

   7.    A Class A or Class B manufactured home is permitted if the parcel size is at least 6,000 square feet and the parcel has frontage on a public road.

   8.    Minimum parcel size is 2 acres.

   9.    A conditional use permit is required if the use is not on the same parcel as the primary use or is being established prior to the establishment of a primary use on that parcel.

   10.    1 residential structure for use as a caretaker's quarters is permitted of right.

(Ord. 514, 9-28-2017)

   TABLE 2-1102

   INSTITUTIONAL USES

 

(Ord. 519, 2-15-2018)

   TABLE 2-1103

   USES RELATED TO AGRICULTURE

 

Notes:

   1.    Minimum parcel size is 5 acres.

   2.    Minimum area for this use is 3/4 acre.

   3.    Excluding meat or poultry processing, slaughterhouses, and commercial fertilizer manufacturing.

(Ord. 514, 9-28-2017)

   TABLE 2-1104

   COMMERCIAL USES

 

Note:

   1.    See section 8.2.505 of this chapter for exceptions.

(Ord. 493, 6-9-2016; amd. Ord. 514, 9-28-2017)

   TABLE 2-1105

   LODGING, RECREATION AND ENTERTAINMENT USES

 

Note:

   1.    Temporary or intermittent use of only 1 RV is allowed in the HDR Zone. See subsection 8.2.504C of this chapter.

(Ord. 514, 9-28-2017)

   TABLE 2-1106

   COMMUNICATIONS, UTILITY AND TRANSPORTATION USES

 

Notes:

   1.    Continued operation of airports or airstrips that were in existence on June 9, 2016 are permitted on parcels of 5 acres or more in the R Zone, and on parcels of 2 acres or more in the AS Zone.

   2.    Minimum parcel size is 2 acres.

(Ord. 517, 1-25-2018)

   TABLE 2-1107

   INDUSTRIAL, STORAGE, LOGISTICAL AND MINING USES