A present nonconforming use or occupancy not permitted under the provisions of this title may be continued, but the nonconforming use or occupancy shall not be expanded. A nonconforming use or occupancy existing at the time of the passage hereof may not be reconstructed or structurally altered to an extent exceeding an aggregate cost of fifty percent (50%) of the value of which such building is assessed on the records in the office of the county assessor unless such building is changed to conform to the provisions of this title. A nonconforming occupancy or use may not be changed unless changed to an approved use. Notwithstanding use, a variance may be issued to modify size, yard, or setback requirements for an otherwise conforming use or occupancy. Nothing in this title shall require the change of any building now constructed. (Ord. 749, 5-18-2015)

A variance shall only be used to modify setbacks, building height, yard or frontage requirements, and parking requirements on a lot or parcel of land prescribed by this title. Variances are not a property right and shall be reviewed by the zoning commission and approved by city council prior to construction. This review shall determine if the variance is in conflict with the public interest and that compliance with the specified ordinance restrictions would deny the property owner an otherwise permitted use on the property.

   A.   Application: Application for a variance shall be made by the owner of the affected property. The completed application form, fee, and any other information required by the planning and zoning commission shall be submitted to the commission prior to scheduling a public hearing.

   B.   Variance Criteria: A variance may be granted if the planning and zoning commission finds that the proposed variance meets each of the following criteria:

      1.   The variance will not be detrimental to the public interest or other property in the vicinity of the proposed variance.

      2.   Compliance with setbacks, building height, yard or frontage requirements, and parking requirements prescribed would deny the property owner an otherwise permitted use on the property due to the parcel's peculiar physical characteristics.

   C.   Public Hearing:

      1.   Time Limitation: A public hearing before the planning and zoning commission shall be held on each complete application received by the commission within four (4) months of receiving the complete application.

      2.   Notice Of Hearing: Notice for the public hearing shall be given as set forth in Idaho Code section 67-6516.

      3.   Commission Determination: The planning and zoning commission shall determine whether the proposal conforms to the variance criteria set forth in subsection B of this section. Based on its determination, the zoning commission shall make a recommendation to the city council. The city council shall approve or deny the application for the variance.

      4.   Decision: The planning and zoning commission shall announce its decision and make a recommendation to the city council regarding its findings of fact and conclusions of law within forty (40) days of closing the public hearing. The city council will then make a decision within forty (40) days. A copy of the signed findings of fact and conclusions of law will be mailed to the applicant within forty eight (48) hours of them being signed.

   D.   Effective Date: No variance shall become effective nor shall any building or installation permit be issued until the fifteen (15) day appeal period has elapsed or until the city council has made a decision upon appeal.

   E.   Expiration Of Variance: A variance shall expire if the structure allowed by the variance is not physically established within one year of its effective date. (Ord. 749, 5-18-2015)

A permit may be issued by the city clerk for the construction, alteration, repair, or removal of any structure. When applying for a building permit, the owner shall present a verification of survey stakes or a resurvey. He shall also show the present or future location of the garage and access drive. The city clerk may require the applicant to submit a plan showing the proposed construction, alteration or improvement and all other information pertinent to the proposed project. A fee as set by the state shall accompany each application for permit. (Ord. 718, 5-12-2008)

To comply with the purposes of this title, specific land uses within a particular zone require special consideration prior to their being permitted in that zone. These conditional uses must be reviewed by the planning and zoning commission prior to initiation or development. This review shall determine the compatibility of the proposed use with the surrounding area and particularly with permitted uses in that zone. The zoning commission will then make a recommendation to the city council which will then approve or deny the request. The approval may provide specific conditions which ensure that the proposed use will be compatible with the permitted uses. A special use permit cannot be used to change zoning.

   A.   Application: Application for a special use permit shall be made by the owner of the affected property. The completed application form, fee, and any other information required by the planning and zoning commission shall be submitted to the commission prior to the scheduling of a public hearing. The applicant is responsible for reimbursing the city for fees for publishing the public hearing notice in the newspaper and for any attorney fees.

   B.   Permit Criteria:

      1.   A special use permit shall be granted if the city council finds that the proposed use conforms to each of the following criteria:

         a.   The use is not detrimental to the health or safety of those in the surrounding area and will not otherwise adversely affect permitted uses or the enjoyment of such uses in that zone to any greater extent than a permitted use in that zone.

         b.   The use will not require facilities or services with excessive costs to the public.

         c.   The use is not in conflict with the goals and policies of the comprehensive plan.

         d.   Neighborhood compatibility must be proven. Any proposal which radically or adversely affects the density, typical pattern of development or style of housing will not be permitted.

      2.   The city council shall have the authority to set an expiration date for any special use permit so long as the reasons for such are included in their findings of fact and conclusions of law.

   C.   Public Hearings And Procedures:

      1.   Time Limitation For Hearing; Withdrawal Of Application: A public hearing before the planning and zoning commission shall be held on each complete application received by the planning commission within four (4) months of receiving the complete application. In the event that the applicant does not want a hearing to be held within this four (4) month period, at the end of the four (4) month period, the application will be returned to the applicant, with a refund of eighty percent (80%) of the application fee if the hearing has not been noticed. The applicant can withdraw an application at any time, with a refund of eighty percent (80%) of the application fee if the hearing has not been noticed.

      2.   Notice Of Hearing: Notice for the public hearing shall be given as set forth in Idaho Code subsection 67-6512(b).

      3.   Commission Determination: The commission shall determine whether the proposal conforms to the permit criteria set forth in subsection B of this section and make a recommendation to the city council. Based on its determination, the city council may approve or deny the application for the permit.

      4.   Changes; Conditions: The city council may require such changes or impose such reasonable conditions for the proposed use which are, in its judgment, necessary to ensure conformity with subsection B of this section. Each approved permit shall conform to the specifications of the proposal except as explicitly modified by the commission. Special use permits may be temporary so that the period of approval for a particular use is limited.

      5.   Decision: The commission shall make a recommendation to the city council with their reasoning and notify the city council of its recommendation within forty (40) days of closing the public hearing. The city council will make a final decision and notify the applicant of their decision within forty (40) days after receiving the recommendation from the zoning commission. This time may be extended if the city council decides that a separate hearing is required on the issue.

   D.   Effective Date: No special use permit shall become effective nor shall any building or installation permit be issued until the fifteen (15) day appeal period has elapsed or until the city council has made a decision upon appeal. (Ord. 749, 5-18-2015)

All final decisions of the city council for variances and special use permits may be appealed by an applicant or affected party who is dissatisfied with a decision within fifteen (15) days after the decision is made. The written appeal stating the issues shall be submitted to the city council. A vote of three-fifths (3/5) is required to decide the question appealed. (Ord. 749, 5-18-2015)

(Rep. by Ord. 749, 5-18-2015)

It is not intended by this title to alter or change any existing building or permitted use in effect at the time this title is adopted; where a nonconforming use is created by this title, the city council shall have the power to apply this title to promote the best interest and welfare of the public. (Ord. 718, 5-12-2008)

   A.   Required: No building hereafter erected or altered shall be occupied, used or changed in use or occupancy, until a certificate of occupancy and compliance shall have been issued by the city clerk's office or its designated agent, stating that the building or the proposed use of the building or premises complies with the building requirements of the city and the provisions of this title.

   B.   Change Of Use: The use of a building already erected at the time of the passage hereof shall not be changed to some other use or occupied for any other purpose without the owner or his agent applying for and receiving a certificate of occupancy and compliance from the building inspector and approved by the city council. (Ord. 749, 5-18-2015)

The zoning of manufactured homes and manufactured home courts shall conform with, and be regulated by title 9, chapter 5 of this code. (Ord. 749, 5-18-2015)

Any business established subsequent to the date hereof shall provide adequate parking for employees and customers. (Ord. 718, 5-12-2008)

Signs attached to buildings in accordance with the international building code, not to exceed two (2) square feet of sign area for every ten (10) frontage feet of street frontage adjacent to where the sign is located would be permitted; however any larger, lighted or mechanical signs must be approved by special use permit. (Ord. 718, 5-12-2008; amd. 2009 Code)

Any person convicted of a violation of any section of this title shall, upon conviction, be subject to penalty as provided in section 1-4-1 of this code. Each day in violation shall be considered a separate offense. (Ord. 749, 5-18-2015)