These regulations shall hereafter be known, cited and referred to as the DEVELOPMENT REGULATIONS OF THE CITY OF KIMBERLY and shall include all zoning and subdivision regulations governing developments under the jurisdiction of the city. (Ord. 542, 2007)

   A.   Pursuant to the powers and jurisdictions vested through the laws, statutes and regulations of the state of Idaho, the city council of the city of Kimberly does hereby exercise the power and authority to adopt zoning and subdivision regulations to regulate development of lands under its jurisdiction. Such regulation of the development of land and the attachment of reasonable conditions to land development is an exercise of valid police power delegated by the state to this city. The developer has the duty of compliance with reasonable conditions laid down by said council for design, dedication, improvement and restrictive use of the land so as to conform to the physical and economical development of the municipality and the safety and general welfare of the future property owners in the subdivision and of the community at large.

   B.   Under the power and authority so vested, the council hereby declares that no building permit or certificate of zoning compliance shall be issued for any parcel or plat of land subject to the regulations nor shall any excavation or filling of land or construction of any public or private improvements take place or be commenced thereon, except in conformity with these regulations and no land subject to these regulations shall be subdivided and sold or offered for sale until the owner has obtained approval of a final plat in accordance with the regulations and the approved plat is filed with the county recorder. (Ord. 542, 2007)

   A.   These regulations shall apply to all lands and improvements within the corporate city limits.

   B.   These regulations shall apply to lands and improvements outside the corporate city limits that:

      1.   Are within the designated "area of impact" and are not incorporated into an active agricultural unit of twenty (20) acres or more;

      2.   Are under written agreement by past or present owners to be regulated in return for enjoying the benefits of certain services normally available only to in-city lands.

   C.   For subdivision regulation only, all lands within one mile of the corporate city limits are subject by state law to the city's ordinances. (Ord. 542, 2007)

It is hereby declared to be the policy of the city of Kimberly to consider the development of land within the jurisdiction of the city subject to the control of the city and to adopt development regulations to facilitate accomplishment of the goals and objectives of any comprehensive plans of the city for the orderly, planned, efficient and economical development of the city. It shall be the general policy of the city that:

   A.   All land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace.

   B.   Land shall not be subdivided until all available public facilities and improvements exist or have been given proper consideration by the city council and proper provisions have been made for drainage, water, sewage and capital improvements such as schools, parks, recreation facilities, transportation facilities and improvements.

   C.   All existing and proposed public improvements shall conform to and be properly related to any proposals shown in a comprehensive plan, official map or capital budget and program of the city.

   D.   It is intended that these regulations shall supplement and facilitate the enforcement of the provisions and standards contained in any building and housing codes, zoning ordinances, comprehensive plans, official maps, land use plans and capital budgets and programs adopted by the city. (Ord. 542, 2007)

Pursuant to the general policy of the city of Kimberly, these regulations are adopted for the following purposes:

   A.   To protect and provide for the public health, safety and general welfare of the municipality and surrounding area.

   B.   To guide the future growth and development of the municipality and surrounding area, in accordance with any comprehensive plan of the city.

   C.   To provide for adequate light, air and privacy, to secure safety from fire, flood and other danger, and to prevent overcrowding of the land and undue congestion of population.

   D.   To protect the character and the social and economic stability of all parts of the municipality and surrounding area, and to encourage the orderly and beneficial development of all parts of the municipality and the surrounding area.

   E.   To protect and conserve the value of land throughout the municipality and surrounding area and the value of buildings and improvements upon such land, and to minimize the conflicts among the uses of land and buildings.

   F.   To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, schools, parks, playgrounds, recreation and other public requirements and facilities.

   G.   To provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the municipality and surrounding area, having particular regard to the avoidance of congestion in the streets and highways, and the pedestrian traffic movements appropriate to the various uses of land and buildings and to provide for the proper location and width of streets and building lines.

   H.   To establish reasonable standards of design and procedures for subdivisions and resubdivisions, in order to further the orderly layout and use of land; and to ensure proper legal descriptions and monumenting of subdivided land.

   I.   To ensure that public facilities are available and will have a sufficient capacity to serve any proposed development.

   J.   To prevent the pollution of air, streams and ponds; to assure the adequacy of drainage facilities; to safeguard the water table and water resources; and to encourage sustainable use and management of natural resources throughout the municipality and surrounding area in order to preserve the integrity, stability and beauty of the community, the ecosystem and the value of the land.

   K.   To preserve the natural beauty and topography of the municipality and surrounding area and to ensure appropriate development with regard to these natural features.

   L.   To provide for open spaces through the most efficient design and layout of the land, including the use of average density in providing for minimum width and area of lots, while preserving the density of land as established in this title.

   M.   To minimize public and private losses due to flood conditions as follows:

      1.   To minimize expenditure of public money and costly flood control projects;

      2.   To minimize the need for rescue and relief efforts associated with flooding which are generally undertaken at the expense of the general public;

      3.   To minimize prolonged business interruptions;

      4.   To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

      5.   To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

      6.   To ensure that potential buyers are notified that property is in an area of special flood hazard; and

      7.   To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. 542, 2007)

The administrator shall be responsible for the interpretation of these regulations and any interpretation and application of the regulations shall be the minimum requirements for the promotion of the public health, safety and general welfare. This is not intended to abrogate any appeal rights provided herein or by other statute or law. (Ord. 542, 2007)

   A.   These regulations are not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law. Where any provisions of these regulations impose restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.

   B.   These regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction. Where the provisions of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement or restriction, the requirements of these regulations shall govern. Where the provisions of the easement, covenant or private agreement or restriction impose duties and obligations more restrictive or higher standards than the requirements of these regulations, or the determinations of the city council or the municipality in approving a subdivision or in enforcing these regulations, and such private provisions are not consistent with these regulations or determinations thereunder, then such private provisions shall be operative and supplemental to these regulations and determinations made thereunder will not be enforced by the city. (Ord. 542, 2007)

If any part or provision of these regulations or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operating to the part, provision or application directly involved in all controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of these regulations or the application thereof to other persons or circumstances. The city council hereby declares that it would have enacted the remainder of these regulations even without any such part, provision or application. (Ord. 542, 2007)

These regulations shall not be construed as abating any action now pending under, or by virtue of, prior existing subdivision regulations, or as discontinuing, abating, modifying or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any rights of the municipality under any section or provision existing at the time of adoption of these regulations, or as vacating or annulling any rights obtained by any person, firm or corporation, by lawful action of the municipality except as shall be expressly provided for in these regulations. (Ord. 542, 2007)

For the purpose of providing for the public health, safety and general welfare, the city may, from time to time, amend the provisions imposed by these development regulations. The city in the manner prescribed by law shall hold public hearings on all proposed amendments. (Ord. 542, 2007)

Whenever a violation of this title occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall fully state the causes and basis of the same and shall be filed with the administrator. The administrator shall properly record such complaint, immediately investigate the same and take such action, or cause the same to be taken thereon as provided by this title. The city attorney of the city of Kimberly shall, in addition to taking whatever criminal action is deemed necessary, take steps to civilly enjoin any violation of this title.

Any violation of the provisions of this title or a failure to comply with any of its requirements excluding section 17.07.100 of this title shall constitute a misdemeanor. Each day such violation continues beyond notice shall be considered a separate offense. The landowner, tenant, developer, builder, public official or any other person who commits, participates in, assists in or maintains such continuing violation may be found guilty of a separate offense for each day the violation continues as aforesaid. Nothing herein contained shall prevent the council 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 the Idaho Code.

Provided, however, that where property has been made nonconforming or where an existing nonconforming use has been increased by the exercise of eminent domain, it shall not be a violation and no penalty, either civil or criminal, shall result. Persons desiring to change or modify the use of said nonconforming properties in a manner which would, but for the exercise of eminent domain, be permitted outright, may apply for a special use permit, which permit may be granted with due consideration given to the health, safety and welfare of the citizens of the city.

Any person convicted of violating any of the provisions of this title excluding section 17.07.100 of this title shall be punishable by imprisonment of a term not to exceed ninety (90) days, a fine not to exceed three hundred dollars ($300.00) or by both such fine and imprisonment, or as the court shall deem necessary in the interest of justice. (Ord. 636, 2016)

The council shall establish a schedule of fees, charges and expenses and collection procedure for zoning 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 similar matters. The schedule of fees may be altered or amended by only the council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on an application or appeal.

In addition the applicant or appellant shall pay applicable costs of all transcripts, publication costs, legal costs, engineering and similar costs incurred by Kimberly with regard thereto. Also, if a development, phasing or other agreement is required; the applicant shall reimburse Kimberly for the legal expenses and engineer expenses incurred by Kimberly with regard thereto. After the actual costs are determined the applicant/appellant shall pay any additional costs prior to the final hearing on the matter. If any estimated costs paid at time of application submittal exceed the actual costs collected, then Kimberly shall reimburse the applicant/appellant the difference. (Ord. 631, 2016)