This chapter establishes the purpose of this title, identifies the enabling statute pursuant to which it is adopted, repeals conflicting ordinances, provides rules for the transition from previous regulations to this title, and establishes rules for the interpretation of this title.

(1992 Development Code; Code 2011, § 11-1-1)

The purpose of this title is to promote the health, safety, and general welfare of the people of the city by fulfilling the purposes and requirements of the Local Planning Act of 1975 and implementing the comprehensive plan. Specific statements of purpose accompany some provisions of this title, but the comprehensive plan provides the full statement of the city's purpose and intent in planning and zoning activities.

(1992 Development Code; Code 2011, § 11-1-2)

This title is adopted pursuant to the authority granted by the Local Planning Act of 1975. It includes the zoning ordinance required by Idaho Code, § 67-6511 and the subdivision ordinance required by Idaho Code, § 67-6513. It also fulfills the other requirements of the Local Planning Act, including the provision for variances required by Idaho Code, § 67-6516, the adoption of procedures for processing permits required by Idaho Code, § 67-6519, and the adoption of a hearing procedure required by Idaho Code, § 67-6534.

(1992 Development Code; Code 2011, § 11-1-3)

A vested right is the right to proceed with development that was under construction or had obtained some form of final approval from the city before the effective date of the ordinance from which this title is derived. Vested rights to proceed with development initiated prior to the adoption of the ordinance from which these regulations are derived shall be established by:

(1)

Having obtained a building permit in full compliance with previous ordinances (such vested rights expire with the permit); or

(2)

Having obtained approval of a preliminary plat or conditional use permit in full compliance with previous ordinances (such vested rights expire with the approval or permit); or

(3)

Having recorded a final plat in full compliance with previous ordinances.

(4)

Approval of a preliminary plat or recording of a final plat establishes a vested right to the lot layout and road network design of the subdivision. It does not establish a vested right for the development of any lot.

(1992 Development Code; Code 2011, § 11-1-5)

A nonconforming use or building is one that was in compliance with all applicable regulations at the time it was initiated or constructed, but that would not comply with one or more requirements of this title if presented for approval after the effective date of the ordinance from which this title is derived. Nonconforming uses and buildings may continue subject to the rules established herein.

(1)

Any nonconforming use abandoned for more than 12 months shall be terminated. Abandonment shall not be measured by the owner's intent, but solely by the fact that use ceases for a period of 12 or more months.

(2)

There shall be no limit on repair or maintenance activities for nonconforming uses or buildings, but no such activity shall increase the degree of nonconformity, except where the administrator permits a minor increase in nonconformity to provide handicapped access to a structure, as required by law. Repair and maintenance of nonconforming buildings will be subject to the requirements of the International Building Code and International Energy Conservation Code.

(3)

Changes in occupancy may be permitted in nonconforming commercial or industrial buildings, provided that the new occupancy is no more intense (with intensity being measured by traffic and noise generation, parking requirements, and similar factors) than the existing occupancy. Requests for such changes in nonconforming occupancies shall be processed as applications for a special use permit.

(4)

Nonconforming buildings may be replaced, but only where the effect of the replacement is to lessen the adverse impact of the nonconformity on the city and the degree of nonconformity is not increased. Requests for replacement of nonconforming buildings shall be processed as applications for special use permits, except that any nonconforming building destroyed by fire or other catastrophe may be replaced without a special use permit if the degree of nonconformity is not in any way increased and the replacement is completed within 12 months of the building's destruction. There may be additional restrictions on the replacement of nonconforming buildings in airport safety zones or special flood hazard areas.

(1992 Development Code; Code 2011, § 11-1-6; Ord. No. 563, 4-16-2003)

This title does not nullify easements, covenants, deed restrictions, and similar private agreements, but where any such private agreement imposes standards that are less restrictive than those of this title, this title shall govern.

(1992 Development Code; Code 2011, § 11-1-7)

All provisions of this title shall be interpreted as the minimum requirements necessary to protect the public health, safety, and general welfare, and to implement the Local Planning Act and the comprehensive plan. This title is designed to be consistent with the comprehensive plan and should be liberally construed to achieve its purposes and intent.

(1992 Development Code; Code 2011, § 11-1-8)

When future city ordinances, or state or federal law, impose additional standards on activities regulated by this title, the most restrictive standard shall govern.

(1992 Development Code; Code 2011, § 11-1-9)

The burden of proof shall, in all proceedings pursuant to this title, rest with the developer.

(1992 Development Code; Code 2011, § 11-1-10)

No individual, including city council and planning and zoning commission members, or the administrator or other city employees, who acts in good faith and without malice in the performance of duties assigned by this title, shall be held liable for errors or omissions in its administration. Any suit brought against such an individual shall be defended by the city and any judgment resulting from such a suit shall be the liability of the city.

(1992 Development Code; Code 2011, § 11-1-11)