No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure, or land be established or changed in use without a permit therefor issued by the administrator. Zoning permits shall be issued only in conformity with the provisions of this title. (Ord. 2009-05, 9-28-2009)
11-14-2: APPLICATION:
A. Signature Required: The application for a building permit shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application.
B. Expiration: Each application shall clearly state that the permit shall expire and be considered revoked if work has not begun within one hundred twenty (120) days from the date the permit was issued.
C. Contents Of Application: At a minimum, the application shall contain the following information:
1. Name, address and phone number of applicant;
2. Legal description of property;
3. Existing use;
4. Proposed use;
5. Zoning district;
6. Plan, drawn to scale, showing the actual dimensions and the shape of the lot to be built upon; the exact size and location of existing buildings on the lot, if any; and the location and dimensions of the proposed building(s) or alteration;
7. Building heights;
8. Number of off street parking spaces or loading berths;
9. Number of dwelling units;
10. Proposed sewer and water facilities; and
11. Such other matters as may be necessary to determine conformance with, and provide for, the enforcement of this title. (Ord. 2009-05, 9-28-2009)
11-14-3: APPROVAL OF BUILDING PERMIT:
A. Approval/Disapproval: Within thirty (30) days after the receipt of an application, the administrator shall either approve or disapprove the application in conformance with the provisions of this title.
B. Condition Of Approval: All building permits shall, however, be conditional upon the commencement of work within one hundred twenty (120) days.
C. Approved Plans: One copy of the plans shall be returned to the applicant by the administrator after the administrator shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. One copy of plans, similarly marked, shall be retained by the administrator.
D. Placard: The administrator shall issue a placard, to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alteration is in conformance with the provisions of this title. (Ord. 2009-05, 9-28-2009)
11-14-4: EXPIRATION OF BUILDING PERMIT:
If the work described in any building permit has not begun within one hundred twenty (120) days from the date of issuance thereof, said permit shall expire and be considered revoked by the administrator. No written notice of expiration or revocation need be given to the persons affected. (Ord. 2009-05, 9-28-2009)
11-14-5: CERTIFICATE OF OCCUPANCY:
It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof thereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the administrator stating that the proposed use of the building or land conforms to the requirements of this title and with all conditional provisions that may have been imposed. (Ord. 2009-05, 9-28-2009)
11-14-6: TEMPORARY CERTIFICATE OF OCCUPANCY:
A temporary certificate of occupancy may be issued by the administrator for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion. (Ord. 2009-05, 9-28-2009)
11-14-7: RECORD OF BUILDING PERMITS AND CERTIFICATE OF OCCUPANCY:
The administrator shall maintain a record of all zoning permits, building permits and certificates of occupancy and copies shall be furnished upon request to any person. (Ord. 2009-05, 9-28-2009)
11-14-8: FAILURE TO OBTAIN:
Failure to obtain a zoning permit, building permit or certificate of occupancy shall be a violation of this title. (Ord. 2009-05, 9-28-2009)
11-14-9: CONSTRUCTION AND USE:
Building permits or certificates of occupancy issued on the basis of plans and applications approved by the administrator shall authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto, and no other use, arrangement or construction. Use, arrangement or construction contrary to that authorized shall be deemed a violation of this title. (Ord. 2009-05, 9-28-2009)
11-14-10: COMPLAINTS REGARDING VIOLATIONS:
Whenever a violation of this title occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the administrator. The administrator shall properly record such complaint, immediately investigate and take action thereon as provided by this title. (Ord. 2009-05, 9-28-2009)
11-14-11: PENALTY:
A. Violation: Violation of any of the provisions of this title, or failure to comply with any of its requirements shall be subject to the general penalties outlined in Title 1, Chapter 4 of this code.
B. Penalty: Each violation shall subject the violator to punishment as set forth in Idaho Code 18-113.
C. Injury Or Damage: Further, any person who violates this title and as a result of that violation causes injury or damage to another person or property shall pay full restitution to the injured or damaged person.
D. Separate Offense: The landowner, tenant, subdivider, builder, public official or any other person who commits, participates in, assists in, or maintains such violation may be found guilty of a separate offense.
E. Additional Remedies: Nothing herein contained shall prevent the board or any other public official or private citizen from taking such lawful action as is necessary to restrain or prevent any violation of this title or of the Idaho Code. (Ord. 2009-05, 9-28-2009; amd. Ord. 2022-05, 6- -2022)
11-14-12: ENFORCEMENT:
The prosecuting attorney shall make the determination as to whether an individual shall be charged for a violation of the terms of this title. In addition, the prosecuting attorney, after consultation and agreement by the board of commissioners, shall have the authority to take any actions available at law or in equity to civilly address any violations of this title. Such actions might include, but are not limited to, injunctions, restraining orders, or other forms of relief. Nothing in this title shall require the prosecuting attorney or the board of commissioners to proceed either criminally or civilly against a person alleged to have violated this title. (Ord. 2009-05, 9-28-2009; amd. Ord. 2022-05, 6- -2022)
11-14-13: SCHEDULE OF FEES, CHARGES AND EXPENSES:
A. Established: The board shall establish a schedule of fees, charges and expenses and a collection procedure for zoning and building permits, amendments, appeals, variances, special use permits, plan approvals and other matters pertaining to the administration and enforcement of this title requiring investigations, inspections, legal advertising, postage and other expenses.
B. Posting; Amendment: The schedule of fees shall be posted in the office of the administrator, and may be altered or amended only by the board.
C. Payment Required: Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. (Ord. 2009-05, 9-28-2009)
Gem County Unincorporated City Zoning Code
CHAPTER 14
ENFORCEMENT
11-14-1: BUILDING PERMIT REQUIRED:
No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure, or land be established or changed in use without a permit therefor issued by the administrator. Zoning permits shall be issued only in conformity with the provisions of this title. (Ord. 2009-05, 9-28-2009)
11-14-2: APPLICATION:
A. Signature Required: The application for a building permit shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application.
B. Expiration: Each application shall clearly state that the permit shall expire and be considered revoked if work has not begun within one hundred twenty (120) days from the date the permit was issued.
C. Contents Of Application: At a minimum, the application shall contain the following information:
1. Name, address and phone number of applicant;
2. Legal description of property;
3. Existing use;
4. Proposed use;
5. Zoning district;
6. Plan, drawn to scale, showing the actual dimensions and the shape of the lot to be built upon; the exact size and location of existing buildings on the lot, if any; and the location and dimensions of the proposed building(s) or alteration;
7. Building heights;
8. Number of off street parking spaces or loading berths;
9. Number of dwelling units;
10. Proposed sewer and water facilities; and
11. Such other matters as may be necessary to determine conformance with, and provide for, the enforcement of this title. (Ord. 2009-05, 9-28-2009)
11-14-3: APPROVAL OF BUILDING PERMIT:
A. Approval/Disapproval: Within thirty (30) days after the receipt of an application, the administrator shall either approve or disapprove the application in conformance with the provisions of this title.
B. Condition Of Approval: All building permits shall, however, be conditional upon the commencement of work within one hundred twenty (120) days.
C. Approved Plans: One copy of the plans shall be returned to the applicant by the administrator after the administrator shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. One copy of plans, similarly marked, shall be retained by the administrator.
D. Placard: The administrator shall issue a placard, to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alteration is in conformance with the provisions of this title. (Ord. 2009-05, 9-28-2009)
11-14-4: EXPIRATION OF BUILDING PERMIT:
If the work described in any building permit has not begun within one hundred twenty (120) days from the date of issuance thereof, said permit shall expire and be considered revoked by the administrator. No written notice of expiration or revocation need be given to the persons affected. (Ord. 2009-05, 9-28-2009)
11-14-5: CERTIFICATE OF OCCUPANCY:
It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof thereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the administrator stating that the proposed use of the building or land conforms to the requirements of this title and with all conditional provisions that may have been imposed. (Ord. 2009-05, 9-28-2009)
11-14-6: TEMPORARY CERTIFICATE OF OCCUPANCY:
A temporary certificate of occupancy may be issued by the administrator for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion. (Ord. 2009-05, 9-28-2009)
11-14-7: RECORD OF BUILDING PERMITS AND CERTIFICATE OF OCCUPANCY:
The administrator shall maintain a record of all zoning permits, building permits and certificates of occupancy and copies shall be furnished upon request to any person. (Ord. 2009-05, 9-28-2009)
11-14-8: FAILURE TO OBTAIN:
Failure to obtain a zoning permit, building permit or certificate of occupancy shall be a violation of this title. (Ord. 2009-05, 9-28-2009)
11-14-9: CONSTRUCTION AND USE:
Building permits or certificates of occupancy issued on the basis of plans and applications approved by the administrator shall authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto, and no other use, arrangement or construction. Use, arrangement or construction contrary to that authorized shall be deemed a violation of this title. (Ord. 2009-05, 9-28-2009)
11-14-10: COMPLAINTS REGARDING VIOLATIONS:
Whenever a violation of this title occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the administrator. The administrator shall properly record such complaint, immediately investigate and take action thereon as provided by this title. (Ord. 2009-05, 9-28-2009)
11-14-11: PENALTY:
A. Violation: Violation of any of the provisions of this title, or failure to comply with any of its requirements shall be subject to the general penalties outlined in Title 1, Chapter 4 of this code.
B. Penalty: Each violation shall subject the violator to punishment as set forth in Idaho Code 18-113.
C. Injury Or Damage: Further, any person who violates this title and as a result of that violation causes injury or damage to another person or property shall pay full restitution to the injured or damaged person.
D. Separate Offense: The landowner, tenant, subdivider, builder, public official or any other person who commits, participates in, assists in, or maintains such violation may be found guilty of a separate offense.
E. Additional Remedies: Nothing herein contained shall prevent the board or any other public official or private citizen from taking such lawful action as is necessary to restrain or prevent any violation of this title or of the Idaho Code. (Ord. 2009-05, 9-28-2009; amd. Ord. 2022-05, 6- -2022)
11-14-12: ENFORCEMENT:
The prosecuting attorney shall make the determination as to whether an individual shall be charged for a violation of the terms of this title. In addition, the prosecuting attorney, after consultation and agreement by the board of commissioners, shall have the authority to take any actions available at law or in equity to civilly address any violations of this title. Such actions might include, but are not limited to, injunctions, restraining orders, or other forms of relief. Nothing in this title shall require the prosecuting attorney or the board of commissioners to proceed either criminally or civilly against a person alleged to have violated this title. (Ord. 2009-05, 9-28-2009; amd. Ord. 2022-05, 6- -2022)
11-14-13: SCHEDULE OF FEES, CHARGES AND EXPENSES:
A. Established: The board shall establish a schedule of fees, charges and expenses and a collection procedure for zoning and building permits, amendments, appeals, variances, special use permits, plan approvals and other matters pertaining to the administration and enforcement of this title requiring investigations, inspections, legal advertising, postage and other expenses.
B. Posting; Amendment: The schedule of fees shall be posted in the office of the administrator, and may be altered or amended only by the board.
C. Payment Required: Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. (Ord. 2009-05, 9-28-2009)