Just spoke to our attorney, Gary Allen, regarding the NEW changes the Bonner County Planning and Zoning department are attempting to propose(tomorrow) at the hearing, and June 3rd at a different hearing and he says, it's not lawful and can be voided in the future.
Here is a rundown:
IN this amendment - AM0004-21 - P & Z are attempting to change nonconforming land by allowing land to expand as of the date of this new amendment, which is NOT lawful per Gary.
Our Bonner County code says this 12-341 for nonconforming land says this:
1. The accumulated expansion by up to ten percent (10%) of a commercial, industrial or public use or structure in any zoning district that was established prior to December 9, 1981, and that has been in use continuously since December 9, 1981, is permitted, provided no additional land area is being acquired for the expansion.
2. The accumulated expansion of such use identified in subsection A1 of this section by more than ten percent (10%), but no more than fifty percent (50%) is conditionally permitted, provided no additional land area is being acquired for the expansion.
They want to add this:
For natural resource based uses set forth in BCRC 12-336 and Table 3-6, nonconforming uses may be expanded within the parcel boundaries existing at the date of adoption of this ordinance. Uses to be expanded beyond the existing parcel boundaries at the time of this ordinance shall require compliance with current code.
Here is you want to look at it:
They are proposing more next month that is also unlawful and can be voided as well.
You can check it out as well.
Again totally unlawful to attempt to bypass what is considered expansion and claiming that an asphalt plant is not increasing intensity to gravel pits when it clearly IS and even the Supreme Court knows it.
This ordinance/amendment, it would allow asphalt plants in rural, ag and forest and they are attempting to add this:
(21) Batch plant operations shall be located outside of city impact areas. The emissions control system(s) on such batch plants shall be of “Best Available Control technology” (BACT) as generally accepted under relevant industry standards, within five (5) years prior to application.
(22) A Batch Plant shall only locate in an active gravel pit. A batch plant placed in a gravel pit shall be considered a separate, discrete use, and not the increased intensity of a grandfathered use to operate the gravel pit itself.
BOTH CAN BE VOIDED WITH A DECLARATORY JUDGEMENT because both are not legal to do and the planning and zoning SHOULD know this, or their lawyer should.
WRITE THE COUNTY AT PLANNING@BONNERCOUNTYID.GOV
Tired of them using our own tax payers money to do these type things?
WE all should be!