An amendment being proposed on June 24th, would allow nonconforming land use, such as gravel pits, (resource based code) to grow to their property lines, and allow abandoned pits to reopen after 10 years of abandonment. (this includes using rock crushing without a conditional use permit, because they are "grandfathered")

It’s unlawful!

Changing boundary lines to these properties will change your neighborhood. Most gravel pits, over 90 in Bonner County, are grandfathered, yet the owners own huge land around these original pits, and with this approval, they can expand fully to their property lines. 

For example, it’s been reported by one of our members that one pit is only 15% of their land, which means they could grow 85% more. 

Linscott pit is approx. grown to 112 acres, yet legally they could only grow to 19 acres without a permit, or 50% with a permit, yet they are 112 acres with no permit, and this approval would allow them to expand their growth to over 200 acres. 

Our land use laws say clearly, 12-340 ….It is further the intent of this title that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district or zone.

This is from our attorney Gary Allen, Givens Pursley, who is the author of the land use portion of the Idaho Land Use Handbook:

Hi Jonna, they are very determined. Here are my thoughts on these amendments:
 
1. Expansion within parcel boundaries. The County is trying to retroactively approve forty years of illegal operations for certain natural resource uses. A nonconforming use can only be established at the time of initial adoption of regulations that restrict a use that was previously lawful. This ordinance does not establish any new restrictions, so it cannot adopt any new protections either. After the time that restrictions are adopted, regulations must be “uniform” and must be established by “standards”. This ordinance clearly conflicts with the rules established when the ordinance was originally adopted, and therefore is an improper attempt to treat existing natural resources uses differently from new ones.
 
2. Nonuse for 10 years. The amendment exceeds the protections of Idaho Code Section 67-6538, which applies only to “improvements” on private property, not to natural resource uses like a gravel pit.
 
You may submit this into the record if you wish.
 
Gary 

Please come support keeping Bonner County rural by coming to the hearing on June 24th, at 5:30, and saying NO to AM0004-21. It will be the 5th hearing of the night, so please be there by 6:30 and stand and say NO when they ask for anyone to speak. (sign in sheet will have been picked up if you show up later)