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 review and approval by the zoning administrator.

Prior to approval of any building permit, the building official will request a review by the zoning administrator of building permit application, who will determine whether proposed use in the building permit application is in compliance with the city's zoning laws. The review will be conducted as provided in section 8-13-3 of this chapter. (Ord. 557, 12-12-2012)

The application for zoning permit shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state that the permit shall expire and be considered revoked if work has not begun within one hundred eighty (180) days from the date the permit was issued. At a minimum, the application shall contain the following information:

   A.   Name, address and phone number of applicant and name, address and phone number of owner if applicant is not the owner;

   B.   Legal description of property;

   C.   Existing use;

   D.   Proposed use;

   E.   Zoning district;

   F.   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 alterations;

   G.   Building heights;

   H.   Number of off street parking spaces or loading spaces;

   I.   Number of dwelling units;

   J.   Proposed sewer, water and electrical facilities; and

   K.   Such other matters as may be necessary to determine conformance with, and provision for, the enforcement of this title. (Ord. 441, 7-24-2002)

Within twenty eight (28) days after the receipt of a request for review as set forth in section 8-13-1 of this chapter, the administrator shall either approve or disapprove the application in conformance with the provisions of this title. Any approval by the zoning administrator however, shall be conditional upon the commencement of work within one hundred eighty (180) days. If the proposed use is not in compliance with the city's zoning laws, the zoning administrator will determine what is required and advise the building official. Any recommendation by the zoning administrator that the building permit not be issued because of lack of compliance with the city's zoning laws shall be in writing and may be hand delivered, mailed or sent by e-mail to the building official. The building official shall advise the applicant to such determination. (Ord. 557, 12-12-2012)

If the work described in the building permit, for which there was a zoning review, has not begun within one hundred eighty (180) days from the date of issuance of the building permit, said approval shall expire and be considered revoked by the administrator. No written notice of expiration or revocation need be given to the persons affected. (Ord. 557, 12-12-2012)

Structures or buildings constructed and located in an agricultural zone on a parcel that meets the below definition for agricultural exemption, will only be required to obtain a siting permit in lieu of a building permit. (Ord. 441, 7-24-2002)

A parcel or tract of land that is more than five (5) contiguous acres, and is actively devoted to agriculture is eligible for an agricultural exemption when meeting the following criteria:

   A.   It is used to produce field crops including, but not limited to, grains, feed crops, fruits and vegetables; or

   B.   It is used to produce nursery stock as defined in Idaho Code section 22-2302; or

   C.   It is used by the owner for the grazing of livestock to be sold as part of a net profitmaking enterprise, or is leased by the owner to a bona fide lessee for grazing purposes; or

   D.   It is in a cropland retirement or rotation program; and

   E.   It is not a lot, tract or parcel within a subdivision or planned unit development. (Ord. 453, 2-12-2003)

The following are requirements dealing with providing utility hookups and payment of hookup fees prior to the issuance of a building permit: (Ord. 562, 5-22-2013)

   A.   It shall be unlawful to request or demand from any utility, private or public, the connection of power to any structure, house, building, installation, including manufactured homes, for which a building permit is required, without first displaying to said utility or other company a valid building permit.

   B.   Each utility, private or public, receiving such a request for connection of utilities without compliance with the terms of this section, shall promptly notify the city.

   C.   No building permit shall be issued for any structures located within the corporate limits of the city which would require public services without verification that the appropriate hookup fees or deposits have been paid.

   D.   Manufactured home parks (mobile home parks) shall not allow a unit to be connected to utilities without verification that a building permit has been issued as required by state law and local ordinances.

   E.   No building permit shall be issued for structures utilizing private septic systems without first obtaining a subsurface sewage permit from the applicable health authority. (Ord. 517, 12-9-2009)

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 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. 441, 7-24-2002; amd. Ord. 517, 12-9-2009)

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. 441, 7-24-2002; amd. Ord. 517, 12-9-2009)

Pursuant to Idaho Code section 63-304 manufactured homes may be declared as real property. A manufactured home may only be accepted as real property upon the submittal of an application as prescribed by the state, properly completed, signed and notarized and upon verification of compliance with all state and local building codes and manufactured home installation standards. (Ord. 481, 12-14-2005; amd. Ord. 517, 12-9-2009)

The administrator shall maintain a record of all building permits, and certificates of occupancy and copies shall be furnished as provided in the city's public records policy. (Ord. 562, 5-22-2013)

Failure to obtain a zoning review or certificate of occupancy shall be a violation of this title, and punished as a misdemeanor. (Ord. 557, 12-12-2012)

Building permits or certificates of occupancy issued on the basis of plans and applications approved by the administrator 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. 562, 5-22-2013)

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 and immediately investigate and take action thereon as provided by this title. (Ord. 441, 7-24-2002; amd. Ord. 481, 12-14-2005; Ord. 517, 12-9-2009)

   A.   Continuing Obligation. Maintenance of improvements, conditions of approvals, and requirements of this code shall be a continuing obligation of the applicant or their successors. Any failure to meet these obligations shall be deemed a violation of the code and subject to the penalties as outlined.

   B.    Violation. Any person or entity that violates any provisions of this Code shall be guilty of a misdemeanor, and upon conviction shall be subject to the penalties as set forth in City Code.

   C.   Procedures for Enforcement.

      1.   A written notice of failure to maintain the required improvements, conditions of approval, or requirements of this Code shall be served upon all owners of record of the property, such notice may be served upon any registered agent. Such notice may be served by any police officer, City Administrator, City Engineer, Building Inspector, Fire Chief, or City employee designated as code enforcement. Notice shall be in writing and shall be mailed to the owner(s)’s or address last shown on the records of the County Assessor or registered agent shown on the records of the Idaho Secretary of State. Service of the notice shall be deemed to be complete upon its deposit into the U.S. mail, postage prepaid. The notice shall contain a brief description of the terms of the maintenance plan, conditions of approval, or violation of the Code.

      2.    Any person receiving notice, may, within ten (10) days of the date of service, request a hearing, which shall be delivered to the Zoning Administrator. Following receipt of the request, the Zoning Administrator shall deliver the request to the Commission which shall hold a hearing at its next regularly scheduled meeting. At the hearing, the person may request a reasonable extension of time for curing their failure to comply or otherwise demonstrate good cause why they should not be required to comply.

      3.   If compliance is not completed within thirty (30) days after the date of notice of failure to maintain the public improvements was served, or any extension allowed by the Commission, the owner or owners of the property shall be deemed to be in violation of this Code and shall be subject to the penalties set forth.

   D.   Nuisance. Any building or structure which has been set up, erected, constructed, altered, enlarged, converted, moved, remodeled, or maintained contrary to the provisions of this Code, and any use of the land or building or premises established, conducted, maintained, or operated contrary to the provisions of this Code are declared to be unlawful and opposed to the orderly development of the community and shall therefore be considered a public nuisance. (Ord. 2023-671, 4-26-2023)

Violation of any of the provisions of this title or failure to comply with any of its requirements shall constitute a misdemeanor. Each day such violation continues shall be considered a 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. Nothing herein contained shall prevent the city from taking such lawful action as is necessary to restrain or prevent any violation, including new or ongoing, of this title or Idaho Code, including civil remedies such as enjoinment or abatement. (Ord. 556, 9-12-2012; amd. Ord. 2023-671, 4-26-2023)

The city council, by resolution, shall establish a schedule of fees, charges and expenses and a collection procedure for building permits, zoning review, 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. The schedule of fees shall be posted in the office of the administrator, and may be altered or amended only by the city council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. (Ord. 562, 5-22-2013; amd. Ord. 2023-671, 4-26-2023)