A.   Changes In Structure Or Use: Within the corporate limits of the city and the city impact area, except as may otherwise be provided in this title, all uses of land or buildings established hereafter, and all structural alterations or relocation of existing buildings occurring hereafter, shall be subject to all the regulations of this title which are applicable to the districts in which such buildings, uses or land shall be located.

   B.   Building Permits: Where a building permit for a building or a structure has been issued in accordance with law prior to the effective date hereof; and provided that construction is begun within one hundred eighty (180) days from such effective date and diligently pursued to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit was issued, and further, may, upon completion, be occupied upon the issuance of a certificate of occupancy, subject thereafter to the provisions of this title. Loss of the building permit by failure to proceed will result in the loss of this right and any building permit issued after the passage hereof shall be subject to this title. (1974 Code § 4-401)

   C.   Certificates Of Occupancy: Upon any change, expansion or enlargement of use, application shall be made for a certificate of occupancy. Pursuant to the international building code section 110, and the provisions of this title, no building or structure shall be used or occupied until the certificate of occupancy is issued. (Ord. 929, 5-14-2007)

Improvements required in this section shall be provided whenever a principal building or structure is expanded or enlarged or when there is a change of use of a building, structure or parcel of land.

   A.   Scope Of Requirements:

      1.   Whenever, in any zoning district, a building, structure or land occupied by any permitted use is: a) changed from one land or building use to another; or b) expanded or enlarged to the extent of twenty five percent (25%) or greater in gross floor area, structure area or land area, or increased in gross floor area over ten thousand (10,000) square feet, whichever is less, said change of use or expansion or enlargement shall include installation of improvements required herein.

      2.   If a single building of a premises containing multiple buildings is expanded over twenty five percent (25%) of that building's square footage but less than a total of twenty five percent (25%) of the combined square footage of all buildings, the improvements required in this section shall be provided for the building being expanded only. If the expansion is the combined footage of all buildings, the improvements required shall be provided for the entire premises.

   B.   Change Of Use: "Change of use" shall be defined as any change of use from one use category to another.

   C.   Improvements Required:

      1.   Landscaping as required by this title.

      2.   Street, curb, gutter, driveway approach, and sidewalk improvements as required by standards and specifications of the city.

      3.   Loading and parking space improvements as required by chapter 13 of this title.

   D.   Completion Of Improvements And Deferrals:

      1.   Unless otherwise provided, all improvements shall be a condition of any building permit, and they shall be completed prior to final inspection and occupancy of the building or property.

      2.   If cost of improvements required herein exceeds twenty five percent (25%) of the cost of the proposed private improvements, upon recommendation of the city engineer and approval of the city council, an agreement may be negotiated to allow the required improvements to be staged over a period of time, not to exceed one year. The terms of any deferral agreement will be in a written development agreement signed by the parties and recorded with the Twin Falls County recorder. (1974 Code § 4-402)

   A.   Use: A building, structure or land shall hereafter be used or occupied, and a building or part thereof, or other structure, shall be erected, raised, moved, reconstructed, extended, enlarged or altered only as in conformity with the regulations in this title specified for the district in which it is located.

   B.   Bulk: All new buildings and structures shall conform to the regulations established in this title for the district in which each building shall be located. (1974 Code § 4-403)

   A.   Lot Split: The splitting of one lot in a subdivision into two (2) building sites.

   B.   Parcel Splits: The splitting of a parcel under single ownership, which has not been platted as part of a subdivision after 1981, into two (2) parcels.

   C.   Conditions To Be Met: Such splits will only be considered under the following conditions:

      1.   No public improvements are required because of such split;

      2.   The newly created lot(s)/parcel(s) shall have access to a public conveyance meeting the minimum requirements of the district in which it is located;

      3.   Applicant meets all other requirements of this title.

   D.   Application Process: In order to qualify for a lot/parcel split provided for in this section, an applicant must complete and file with the planning and zoning clerk a standard application form, together with a filing fee established by council resolution. The application must be accompanied by:

      1.   Proof of ownership of the land;

      2.   A map of the lot(s)/parcel(s) drawn to scale showing the proposed division;

      3.   A legal description of the proposed lot or lot/parcel or parcels.

   E.   Approval: If the application and its attachments meet the requirements of this chapter, planning and zoning clerk will issue a certificate approving the split. The planning and zoning clerk may require clustering of the lots/parcels to be split to minimize interference with any agricultural use and/or to minimize necessary road access.

   F.   Record Of Survey With Metes And Bounds Description Required: When a lot/parcel split of land has been approved by the planning and zoning clerk pursuant to this chapter, the applicant must, at his/her expense, furnish a record of survey with a metes and bounds description prepared by a professional land surveyor. When the city certifies that the record of survey and description correctly evidences the split as approved, the applicant must then record the record of survey, a deed with the appropriate description when conveying title, and the planning and zoning clerk certificate with the office of the Twin Falls County recorder. The applicant must also file one copy of the record of survey, one copy of the deed and two (2) copies of the recorded documents with the city who shall maintain a record of the split. Recordings should not be made until after time for appeal has expired.

   G.   Appeal By Affected Persons: Any affected persons who are aggrieved by the planning and zoning clerk's decision as to an application for a lot/parcel split pursuant to this chapter may appeal such decision as provided in chapter 3, article D of this title.

   H.   Limitation: Once one split has been approved, there shall be no additional splits from that land, regardless of ownership. Any additional splits of the land must follow the subdivision procedures outlined in this title. (1974 Code § 4-404)

Requirements for lot line adjustment:

   A.   It is advisable to meet with the planning and zoning clerk to discuss the proposed adjustment to verify the process before employing a surveyor;

   B.   Nonconforming lots may not be created;

   C.   All requirements of area, setbacks and road frontage for the applicable zoning must be adhered to for all parcels;

   D.   The new parcels must be described by a metes and bounds description, or a description acceptable under state law, and recorded with the county recorder;

   E.   No additional buildable parcels may be created;

   F.   The record of survey shall be submitted to the planning and zoning clerk for review before recordation;

   G.   A record of survey is required when any property is divided for the purpose of lot line adjustment. The record of survey shall include the following statements:

      1.   Record of survey of "          " for the purpose of lot line adjustment;

      2.   Description of new parcels: "          ". (1974 Code § 4-406)

   A.   Maintenance Of Yards, Courts And Other Open Spaces: The maintenance of yards, courts, other open spaces and minimum lot area legally required for a building shall be a continuing obligation of the owner or his successor in title of such building or of the property on which it is located as long as the building is in existence. Furthermore, no legally required yards, courts, other open space or minimum lot area allocated to any building shall (by virtue of change of ownership or for any other reason) be used to satisfy yard, court, other open space or minimum lot area requirements for any other building.

   B.   Location Of Required Open Space: All yards, courts and other open spaces allocated to a building or dwelling group shall be located on the same lot as such building or dwelling group except as permitted in an approved planned unit development (PUD). (1974 Code § 4-407)

   A.   Two Or More Contiguous Lots Under One Ownership: When two (2) or more lots or parcels of land are contiguous and are held in one ownership, the owner may elect to use such lots or parcels as one lot or parcel to build on by recording an instrument, which the city has previously approved, in writing, with the Twin Falls County recorder that the owner has elected to do so and filing a copy thereof with the city. Thereafter, the yard requirements, percentage of occupancy and similar rules will apply to the entire parcel as if it were always one parcel.

   B.   Two Or More Contiguous Lots Under One Ownership Lacking Adequate Area And Dimension: When two (2) or more lots or parcels of land (each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which they are located) are contiguous and are held in one ownership, they shall be used as one lot for such use as is permitted in the use district. To do so, the owner must comply with subsection A of this section. (1974 Code § 4-408)

Except as otherwise provided for herein by planned unit developments (PUD), every residential building shall be constructed or erected upon a lot or parcel of land which abuts upon a public street or has permanent access to a public street by means of a recorded permanent easement or right of way approved by the city. Permanent access may also be by flag lot design or private shared driveways. (1974 Code § 4-409)

The number of principal detached buildings allowed in each district shall be specified by that district or as allowed or provided for in the case of planned unit development (PUD), duplex or multi-family area. When the number is not specified it shall be considered to be one. (1974 Code § 4-410)

Where a use is classified as a legal conditional use and exists as a legal conditional use at the date of the adoption hereof, it shall be considered a legal conditional use without further action of the commission or council. (1974 Code § 4-411)

All applications for amendment, alteration or modification of an approved application or use shall be treated as an initial application and must be processed in the same fashion and under the same procedures as an initial application. (1974 Code § 4-412)