(a)

Position created. The city administrator or his designee shall administer and enforce this chapter as the city's zoning administrator. Said zoning administrator may be provided with the assistance of such other persons as the city administrator may direct.

(b)

Powers and duties. The zoning administrator shall exercise all enforcement powers under this section, including but not limited to the investigation of complaints of zoning violations, issuance of notices and municipal infraction citations to violators, and the preparation and submission to the legal department of reports of those zoning violations which continue unabated after exhaustion of reasonable administrative remedies toward their abatement, for such legal action as the facts of each report may require. In addition, these duties include, but are not limited to, the following:

(1)

Perform inspections for matters referred to in this chapter.

(2)

Keep records of permits issued, inspections made, and notices or orders issued.

(3)

Interpret and enforce the provisions of this chapter.

(4)

Review proposed developments and changes in use for conformance with the provisions of this chapter. Perform administrative approval functions as provided for in this chapter.

(5)

Provide staff support for the planning and zoning commission and the zoning board of adjustment.

(Code 1970, § 38-181; Ord. No. 3088, § 2(exh. A), 12-1-2015)

No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefor, issued by the building official. No building permit shall be issued upon any property with outstanding or existing unresolved nuisances in conformity with the City Code, including but not limited to chapter 24 "Nuisances Generally" and chapter 24½ "Nuisances Resulting from Abandoned or Junk Vehicles or Machinery". No building permit shall be issued by the building official except in conformity with the provisions of this chapter, unless the zoning administrator receives written order from the zoning board of adjustment in the form of an administrative review, special exception, or variance as provided herein.

(Code 1970, § 38-182; Ord. No. 3088, § 2(exh. A), 12-1-2015; Ord. No. 3154, § 2, 5-7-2019)

All applications for building permits shall be accompanied by plans drawn to scale showing the actual dimensions and shape of the lot to be built upon, the exact sizes and locations on the lot of buildings already existing, if any, and the location and dimensions of the proposed building or alteration or other similar drawing so required by the building official. The application shall include such other information as lawfully may be required by the zoning administrator, including existing or proposed building or alteration, existing or proposed uses of the building and land, the number of families, housekeeping units, or rental units the building is designed to accommodate, conditions existing on the lot, and such other matters as may be necessary to determine conformance with and provide for the enforcement of this chapter.

(Code 1970, § 38-183; Ord. No. 3088, § 2(exh. A), 12-1-2015)

Building permits issued on the basis of plans and specifications approved by the zoning administrator authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement or construction at variance with that authorized shall be deemed violation of this chapter.

(Code 1970, § 38-184; Ord. No. 3088, § 2(exh. A), 12-1-2015)

(a)

Investigation. Whenever any work for which a permit is required by this chapter has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.

(b)

Fee. An investigation fee, as provided for by this Code, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee that would be required by this chapter if a permit were to be issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code or ordinances, or any penalty prescribed by law.

(Code 1970, § 38-185; Ord. No. 3088, § 2(exh. A), 12-1-2015)

(a)

Chapter may be amended, etc. The provisions of this chapter may be amended, supplemented, modified, or repealed.

(b)

Initiation of application to amend filing requirements. Requests to amend this chapter may be initiated by the planning and zoning commission, and/or city council, and by a real property owner in the area included in the proposed amendment. Applications for amendments shall be made available in the office of the planning and development department.

(c)

Requirements for application; petition by owners of property in area included on the application. The application for amendment shall be signed by the owner of the real property which is the subject of the proposed amendment, or by the agent or attorney for the owner of such property, and shall be presented at the time the application is filed. In the event that an application for an amendment includes properties other than that owned by the applicant, then before the application will be accepted for processing, the applicant shall file a written petition in favor of the request signed by the real property owners, or their agents or attorneys, representing at least 75 percent of the land area to be included in the proposed amendment. Said petition shall bear the property owners' signatures and addresses, the legal description, and land area of each property represented on the petition and the total land area of individual properties included in the proposed amendment. A copy of the proposed amendment shall be sent by certified mail (at applicant's cost) to the last known address of the remaining 25 percent of the property owners of the land area included in the proposed amendment whose names are not on the petition. None of the requirements of this section shall apply to amendments initiated by the planning and zoning commission or city council.

(d)

Fee schedule.

(1)

Application for amendment to the ordinance shall be accompanied by a fee established by resolution of the city council.

(2)

Application for amending the ordinance to planned unit development (PUD) shall be accompanied by a fee established by resolution of the city council.

(3)

Applications initiated by the planning and zoning commission or the city council shall not be subject to the requirements of a filing fee.

(4)

No part of any fee shall be refundable.

(e)

Hearings by city planning and zoning commission on proposed amendments, report to city council; hearings by city council. All applications for amendment of the ordinance shall first be submitted to the city planning and zoning commission, who will hold a public hearing in relation to the proposed amendment. At the public hearing, citizens shall have an opportunity to be heard. The planning and zoning commission shall then make a recommendation to the city council. The city council may adopt, reject, or send back to the planning and zoning commission's recommendation after a public hearing before the city council. The planning and zoning commission and city council shall find that the project adequately addresses the following concerns:

(1)

The rezoning conforms to the future land use map in the comprehensive plan.

(2)

The proposed rezoning is consistent with the goals and objectives of the comprehensive plan.

(3)

If the responses for both subsections (e)(1) and (2) of this section are not affirmative, then either the rezoning request recommendation must be denial or the planning and zoning commission and city council must amend the comprehensive plan to provide the required consistency.

(4)

The subject property, after the requested rezoning, will be compatible with the character of the surrounding neighborhood, including the existing uses and zoning of the properties near the subject property.

(5)

The potential hardships and nuisances (such as noise, neon lights, odors, etc.) of the rezoning request have been adequately considered.

(6)

There are adequate public utilities and services available to the land if rezoned. If not, who will have to pay for installing them?

(7)

The trend of development near the subject property, including changes that have taken place in the area since the subject property was placed in its current zoning district, supports the rezoning request.

(8)

The proposed rezoning amendment is in the public interest and not solely in the interests of the applicant.

(f)

Notice of city planning and zoning commission and city council meetings shall be published. When an amendment proposes a change in any zoning district, and is initiated by the property owner, city planning and zoning commission, or the city council, the notice of the date, time, and place of such city planning and zoning commission and city council meetings shall be published at least once weekly in the official newspaper of the city, or, in a newspaper of general circulation in the area of the city. The publication must be published at least once before the public hearing and shall not be published less than seven nor more than 20 days before the city planning and zoning commission public hearing or less than seven nor more than 20 days before the city council public hearing. In no case shall a city council public hearing be held earlier than the next regularly scheduled city council meeting following the published notice.

(g)

Failure of city planning and zoning commission to report on amendment. If the city planning and zoning commission fails to make a recommendation on any proposed ordinance amendment, rezoning request, or zoning map amendment within 90 days after the filing of the application, such failure shall be deemed to constitute a recommendation of denial by the city planning and zoning commission.

(h)

Another application after denial or withdrawal. In the event that an application for amendment is denied by the city council or that the application is withdrawn after the city planning and zoning commission hearing, the city planning and zoning commission shall have the authority to refuse to accept another application for the same amendment within a year of the original hearing.

(i)

Written protest by property owners. If the owners of 20 percent or more, either of the area included in a proposed ordinance or zoning district change, or of those immediately adjacent in the rear or any side thereof extending 200 feet therefrom, or of those directly opposite thereto extending 200 feet from the street frontage of opposite lots, file a protest in writing against a proposed ordinance amendment with the city clerk (request filing protest before 12:00 noon on the date of the city council hearing), it shall not become effective except by a favorable vote of four-fifths of all members of the city council. If any member of the city council is unable to vote on such a question because of a conflict of interest, then the required number of votes for passage of the question shall be four-fifths of the remaining membership of the city council, provided that such required number of votes shall in no event be less than a majority of the full membership of the city council.

(j)

Procedures. Applications requesting a change in the zoning district boundaries as shown on the official zoning district map shall be filed with the zoning administrator, accompanied by a fee set by resolution of the council, and shall contain the following information:

(1)

The legal description and local address of the property.

(2)

The present zoning classification and the zoning classification requested for the property.

(3)

The existing use and proposed use of the property.

(4)

The names and addresses of all the owners of all property within 200 feet of the property for which the change is requested.

(5)

A statement of the reasons why the applicant feels the present zoning classification is no longer valid.

(k)

Conditions on rezoning. As a part of an ordinance changing land from one zoning district to another zoning district, or an ordinance approving a site development plan, the council may impose conditions on a property owner which are in addition to existing regulations if the additional conditions have been agreed to in writing by the property owner before the public hearing required under this section or any adjournment of the hearing. The conditions must be reasonable and imposed to satisfy public needs which are directly caused by the requested change.

(Code 1970, § 38-186; Ord. No. 3088, § 2(exh. A), 12-1-2015; Ord. No. 3108-2017, § 5, 2-7-2017)

State Law reference— Amendments, I.C.A. § 414.4.

(a)

Organization. The zoning board of adjustment, to be hereinafter referred to as the board, consists of five members appointed by the mayor, subject to the approval of the city council. The board members' terms shall be for five years and vacancies shall be filled for the unexpired terms of any member whose term becomes vacant. Members shall be removable for cause by the appointing authority upon written charges and after public hearing. All members of the board shall serve without compensation.

(1)

All meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. All meetings of the board shall be open to the public. The chairperson, or in their absence the acting chairperson, may administer oaths and compel the attendance of witnesses in accordance with the laws of the state.

(2)

The board shall make and adopt rules and regulations to govern its proceedings. The minutes and records of all board proceedings shall be kept and filed as public record in the office of the planning and development department.

(b)

Zoning board of adjustment powers and duties. The zoning board of adjustment shall have the power and duty to:

(1)

Hear and decide appeals from administrative decisions. The board shall hear appeals from administrative decisions made by administrative officials who interpret or enforce this chapter. Appeals shall be filed within 30 days of such decisions on a form provided thereto. The board may grant appropriate relief to persons aggrieved.

a.

An appeal shall stay all proceedings in the matter appealed from, unless the office from whom the appeal is taken certifies to the board that, by reason of the fact stated in the certificate, the stay would in the administrative official's opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by a restraining order granted by the board or by a court of record, on application and notice to the office from which the appeal is taken. The board shall fix a reasonable time for hearing the appeal and give notice thereof to the parties in interest and to the public.

b.

The concurring vote of three members of the board shall be necessary to reverse any order or decision of an administrative official, or to pass or to affect any variations from the terms and conditions of this chapter.

(2)

Grant a variance in the regulations of this section that will not be contrary to the public interest, where owing to special conditions a literal enforcement of the regulations will result in unnecessary hardship, and so that the spirit of this section shall be observed and substantial justice done.

a.

Application for variances. Application for variance from zoning regulations shall be made to the zoning board of adjustment in the form of a written application. Said application shall be filed with the planning and development department, upon forms provided thereto and shall be accompanied by the following:

1.

Plans and descriptions sufficient to indicate the nature of the project involved and the proposed use. The application shall contain a site plan of the proposed building and elevations when deemed necessary.

2.

Evidence satisfactory to the zoning board of adjustment of the ability and intention of applicant to proceed with implementation of project in accordance with said plans and completion of the project within the time frame approved by the board.

3.

A filing fee shall be established by resolution of the city council.

4.

From the time of filing the application until the time of such hearing, the application and all maps, plans and other accompanying data shall be available for public inspection during office hours at the office of the planning and development department.

5.

In the event that an application is denied by the zoning board of adjustment, the board shall have the authority to refuse to accept another application that is substantially the same as the application previously considered.

b.

Findings. The board may authorize a variance from the terms of this chapter. A variance from the provisions of this chapter shall not be contrary to public interest and shall not be authorized unless the board shall find upon sufficient evidence:

1.

That there are special circumstances or conditions applying to the land, building, or use, referred to in the application, which do not apply to other properties in the district;

2.

That such special circumstances were not created by the owner or applicant;

3.

That the authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights;

4.

That the authorizing of the application will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, to the neighborhood or the public welfare in general;

5.

That the basis of the hardship is of a non-economic nature; and

6.

Where a property owner can show by reason of exceptional shallowness, narrowness, or shape of a piece of property, or where, by reason of exceptional topographical conditions or other extraordinary situation that the strict application of the provisions of this chapter actually prohibit the use of his property in a manner similar to that of other property in the district. The board shall be satisfied by the evidence heard before it that the granting of such variance will alleviate a hardship approaching confiscation as distinguished from a special privilege sought by the owner.

c.

Action. The board shall prescribe in connection with any variance, such conditions as the board may deem necessary in order to fully carry out the provisions and intent of this chapter. Such conditions may include, among other things, a limitation of the time for which such variance shall be valid. Violation of any such condition shall be a violation of this chapter, and such violation shall render the variance null and void.

(3)

Grant a variation from the terms of the floodplain management ordinance, as provided for in that section.

(4)

Permit the exceptions in this subsection to the district regulations set forth in this chapter, provided all exceptions shall by their design, construction, and operation adequately safeguard the health, safety, and welfare of the occupants of adjoining and surrounding property, shall not impair an adequate supply of light and air to adjacent property, shall not unduly increase congestion in the public streets, shall not increase public danger of fire and safety, and shall not diminish or impair established property values in surrounding areas. However, nothing in this subsection shall be interpreted as authorizing the board to grant an exception to any separation requirement, such power being expressly denied the board. Any exception to a separation requirement granted for a structure for which a building permit has not been issued shall be null and void. In granting any exception, the board may prescribe appropriate conditions and safeguards in conformity with this section. The zoning board of adjustment may permit:

a.

Exceptions to any setback, area, length, width, height, yard, size, or projection limitation, or to the minimum required number of off-street parking or loading spaces, provided such an exception may be granted only where:

1.

Such exception does not exceed 33⅓ percent of the particular limitation or number in question;

2.

Such exception is from a yard requirement to permit an addition to an existing legal nonconforming building and such addition extends no further into the required yard than the existing building;

3.

The exception relates entirely to a use classified by applicable district regulations as either a principal permitted use, a permitted accessory use, or a permitted sign, or to off-street parking or loading areas accessory to such a permitted use;

4.

The exception is reasonably necessary due to practical difficulties related to the land in question;

5.

Such practical difficulties cannot be overcome by any feasible alternative means other than an exception; and

6.

The exception is in harmony with the essential character of the neighborhood of the land in question.

b.

Exceptions to the minimum lot width requirement, where such lot meets the lot width at the building line and satisfies the following conditions:

1.

The development pattern of the lot is in harmony with the development pattern of the neighborhood in which it is located;

2.

The development has unique terrain, views or vegetation; and

3.

The development is consistent with the density of the adjoining lots.

c.

Exceptions to the minimum design standards for single-family detached dwellings where the design of the dwelling is consistent with the design of existing dwellings in the neighborhood of the land in question, or the exception is necessary to permit the construction of a dwelling upon a lot of unusual shape or topography.

d.

Exceptions to the time period within which a use may be resumed after a temporary discontinuance of that use, where:

1.

The discontinuance of the use was due to unique circumstances not of the owner's own making.

2.

The use to be authorized by the exception is in harmony with the essential character of the neighborhood of the land in question.

e.

Extend a district where the boundary line of a district divides a lot of record held in single ownership.

(5)

Hear and decide applications for conditional use permits in accordance with section 38-998.

(c)

Hearing and notice. Upon receipt in proper form of any application, the zoning board of adjustment shall proceed to hold a public hearing upon said application at which time all persons shall be given an opportunity to be heard. Said zoning board of adjustment shall cause one notice of such hearing to be published in the official newspaper of the city. Said notice shall state the time, date and place where said hearing will be held. Said notice shall state the nature of the variance or appeal requested.

(d)

Zoning board of adjustment finality of decision. All decisions and findings of the board on any appeal or conditional use, after a public hearing, shall in all instances be the final administrative decision and shall be subject to judicial review as by law may be provided.

(Code 1970, § 38-187; Ord. No. 3088, § 2(exh. A), 12-1-2015)

State Law reference— Board of adjustment, I.C.A. § 414.7 et seq.

(a)

Uses allowed by conditional use permit. In accordance with section 38-115(2), the zoning board of adjustment may, by conditional use permit after public hearing and only after the city planning and zoning commission has made a recommendation, authorize the location of buildings and uses in districts as indicated in Table 38-115, provided, however, that no such conditional use permit shall be granted authorizing any building or use in a FW district.

(b)

Issuance. Conditional use permits, which may be revocable, conditional, or valid for a term period, may be granted only when expressly permitted by this chapter, and only after the city planning and zoning commission has made a recommendation and the zoning board of adjustment has found in writing as follows:

(1)

That the granting of such conditional use permit will not be materially detrimental to the public health, safety, or welfare. In arriving at the above determination, the factors that shall be considered include the following:

a.

Land use. The location and size of the site, the nature and intensity of the operations involved in, or conducted in connection with the use and location of the site with respect to streets giving access to it. The use will be in harmony with the appropriate and orderly development of the district in which it is located and will promote the welfare of the city.

b.

Impact on area. The location, nature and height of buildings, walls and fences, planned activities, and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.

c.

Bulk standards. Any deviation from the district bulk standards applicable to uses allowed by the district regulations must be reasonably necessary due to practical difficulties related to the land or type of use in question, and such practical difficulties cannot be overcome by any feasible alternative means.

d.

Residential setback. Adequate setbacks shall be provided to protect adjacent residentially zoned property from non-residential and institutional uses.

e.

Architectural character. New buildings and alterations to existing buildings located in or adjacent to existing developed areas shall be compatible with the existing architectural character of such areas. Compatibility may be achieved through techniques such as the repetition of roof lines, the use of similar proportions in building mass and outdoor spaces, similar relationships to the street, similar window and door patterns, and/or the use of building materials that have color shades and textures similar to those existing in the immediate area of the proposed development. Brick and stone masonry shall be considered compatible with wood framing and other materials.

f.

Building mass. New buildings and alterations to existing buildings shall be either similar in size and height, or if larger, shall be articulated, setback, or subdivided into massing that is proportional to the mass and scale of other structures on the same block and adjoining blocks. Articulation may be achieved through variation of roof lines, setbacks, patterns of door and window placement, and the use of characteristic entry features. To the maximum extent feasible, the height, setback, and width of new buildings and alterations to existing buildings should be similar to those of existing buildings on the same block. Taller buildings or portions of buildings should be located interior to the site. Buildings at the ends of blocks should be of similar height to buildings on the adjoining blocks.

g.

Parking. No parking should be permitted in a required front yard of an R district unless shown to be compatible with the adjoining land use. Parking lots containing more than eight parking spaces should comply with the adopted landscape standards applicable to commercial development in the C-1 district, unless a higher standard is applicable under the site plan regulations.

h.

Building suitability. In cases where it is proposed to convert a structure designed and built originally for other uses, the structure must be adaptable to the proposed use from the point of view of public health, safety, and construction codes.

i.

Adverse effects. There shall be no adverse effect upon the neighboring area resulting from the use of exposed artificial lights, colored lights of any nature, flashing lights, loudspeakers, or other noise-making devices.

(2)

The characteristics of the use proposed in the conditional use application are reasonably compatible with the types of uses permitted in the surrounding area. The burden of proof for satisfying the aforementioned requirements shall rest with the applicant.

(c)

Application. Application by real property owner for conditional use permit shall be made to the zoning board of adjustment. The application shall be accompanied by a fee established of the city council, no part of which shall be returned to the applicant. The application shall be accompanied by a site plan, with a written statement outlining the proposed activity.

(d)

Public hearing. With filing of an application for a variance or appeal with the zoning board of adjustment, the date for a public hearing shall be published no less than four days or no more than 45 days prior to the public hearing. A public hearing for a conditional use permit shall be published a minimum of seven days prior to and not more than 20 days before the public hearing before the zoning board of adjustment.

(e)

Action of city planning and zoning commission. The city planning and zoning commission shall forward a recommendation on the conditional use permit application to the zoning board of adjustment.

(f)

Action of zoning board of adjustment. The planning and development department shall schedule a public hearing before the zoning board of adjustment. Citizen input will be requested.

(g)

Decision. Following the conclusion of the public hearing on an application for a special use permit, the zoning board of adjustment may grant a conditional use permit stipulating those conditions it feels necessary to carry out the provisions and intent of this chapter.

(Code 1970, § 38-188; Ord. No. 3088, § 2(exh. A), 12-1-2015; Ord. No. 3108-2017, § 6, 2-7-2017)

(a)

Uses of land, structures, and uses of structures which would otherwise be prohibited under this section but have been allowed by the granting of an exception or variance or have been allowed as a conditional use permit may continue until such exception, variance, or conditional use permit lapses as provided in this section.

(b)

If any such use of land or of a structure is not commenced within one year of the allowance of the variance, exception or conditional use, whichever is later, or is discontinued for a period of one year, such variance, exception or conditional use shall lapse, and any subsequent use of such land or structure shall conform to the district regulations for the district in which such land or structure is located.

(c)

In the event the construction of any such structure is not commenced within two years of the issuance of the variance, exception, or conditional use permit for such structure, whichever is later, and diligently pursued to completion, such variance, exception or conditional use permit shall lapse, and any subsequent use of such land shall conform to the district regulations for the district in which such land is located. The zoning administrator or his designee is authorized to grant up to a one-year extension of this time limit, upon a show of good cause by the applicant. If any such structure is destroyed by any means to an extent of 60 percent or more of its replacement cost at the time of destruction, it shall not be reconstructed; any such variance, exception or conditional use permit for such structure shall lapse; and any subsequent use of such land shall conform to the district regulations for the district in which such land is located.

(Code 1970, § 38-189; Ord. No. 3088, § 2(exh. A), 12-1-2015)

(a)

Statement of intent. Within the various districts established by this section or amendments that may be adopted, there exists structures and uses of land and structures which were lawful prior to the effective date of the ordinance from which this section derives but which would be prohibited under this section. It is the intent of this section to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this section to be incompatible with permitted uses in the districts involved. It is further the intent of this section that such nonconformities shall not be enlarged upon, expanded, or extended.

(b)

Nonconforming uses in any R district.

(1)

Nonconforming uses of land. The lawful use of land upon which no building or structure is erected or constructed which becomes nonconforming under the terms of the ordinance from which this section derives or as this section may be amended may be continued so long as it remains otherwise lawful, subject to the following:

a.

No such nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than was occupied at the effective date of the ordinance adopting or amending this section.

b.

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel, which was not occupied by such use at the effective date of the ordinance adopting or amending this section.

c.

If any such nonconforming use of land ceases for any reason for a period of more than one year, any subsequent use of such land shall conform to the district regulations for the district in which such land is located.

(2)

Nonconforming uses of structures. If a lawful use of a structure or of a structure and land in combination exists at the effective date of the ordinance adopting or amending this section that would not be allowed in the district under the terms of this section, the use may be continued so long as it remains otherwise lawful, subject to the following:

a.

No existing structure devoted entirely or in part to a use not permitted by this section in the district in which it is located, except when required by law, shall be enlarged, extended, reconstructed, moved, or structurally altered, unless the use is changed to a use permitted in the district in which such structure is located.

b.

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use on the effective date of the ordinance adopting or amending this section. No such use shall be extended to occupy any land outside such building.

c.

If no structural alterations are made, a nonconforming use of a structure may be changed to another nonconforming use of a similar nature within the same or a more restricted classification subject to the granting of a conditional use permit. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restrictive use.

d.

If a nonconforming use of a structure or structure and land in combination is abandoned, the use of such shall thereafter conform to the uses permitted in the district in which it is located. A use shall be deemed abandoned if while such use has been discontinued the owner of the property makes any change to the property inconsistent with the resumption of such use. Changes inconsistent with the resumption of a use include, but are not limited to, placing the property to another use, or combining two or more dwelling units under one water, gas, or electric meter, or creating an opening between two dwelling units.

e.

If a nonconforming use of a structure or structure and land in combination is discontinued for more than one year for any reason, the use of such shall thereafter conform to the uses permitted in the district in which it is located.

f.

Any structure devoted to a use made nonconforming by this section that is destroyed by any means to an extent of 60 percent or more of its replacement cost at the time of destruction, exclusive of the foundations, shall not be reconstructed and used as before such happening. If the structure be less than 60 percent destroyed above the foundation, it may be reconstructed and used as before, provided it is done within six months of such happening and is built of like or similar materials. Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

(3)

Nonconforming structures, excluding signs. Where a structure other than a sign exists at the effective date of the ordinance adopting or amending this section that could not be built under the terms of this section because of restriction on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following:

a.

No such structure may be enlarged or altered in a way which increases its nonconformity.

b.

If such structure is destroyed by any means to an extent of 60 percent or more of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with this section. Any single-family, semidetached, or two-family dwelling which was a conforming structure on the effective date of the ordinance from which this section derives may be structurally altered, and if destroyed may be reconstructed and used as before, provided such reconstruction is commenced within one year of such destruction and diligently pursued to completion.

(c)

Nonconforming uses in any district other than R districts.

(1)

Nonconforming uses of land. The regulations governing nonconforming uses of land in any R district, as described in subsection (b)(1) of this section, shall also apply to this section.

(2)

Nonconforming uses of structures. If a lawful use of a structure or of a structure and land in combination exists at the effective date of the ordinance adopting or amending this section that would not be allowed in the district under the terms of this section, the use may be continued so long as it remains otherwise lawful, subject to the following:

a.

Any structure in any district other than an R district devoted to a use made nonconforming by this section may be structurally altered or enlarged in conformity with the lot area, lot coverage, frontage yard, height, and parking requirements of the district in which located, provided such construction shall be limited to buildings on land owned of record by the owner of the land devoted to the nonconforming use prior to the effective date of the ordinance from which this section derives. Such structural alteration or enlargement shall not authorize the substitution of a nonconforming use that is less restrictive than the one to which the structure was devoted on the effective date of the ordinance from which this section derives.

b.

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use on the effective date of the ordinance adopting or amending this section. No such use shall be extended to occupy any land outside such building.

c.

If no structural alterations are made, a nonconforming use of a structure may be changed to another nonconforming use of a similar nature within the same or a more restricted classification subject to the granting of a conditional use permit. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restrictive use.

d.

If a nonconforming use of a structure or structure and land in combination is abandoned, the use of such shall thereafter conform to the uses permitted in the district in which it is located. A use shall be deemed abandoned if while such use has been discontinued the owner of the property makes any change to the property inconsistent with the resumption of such use. Changes inconsistent with the resumption of a use include, but are not limited to, placing the property to another use, combining two or more dwelling units under one water, gas, or electric meter, or creating an opening between two dwelling units.

e.

If a nonconforming use of a structure or structure and land in combination is discontinued for more than one year for any reason whatsoever, the use of such shall thereafter conform to the uses permitted in the district in which it is located.

(3)

Nonconforming structures. The regulations governing nonconforming structures in any R district, as described in subsection (b)(2) of this section, shall also apply to this section.

(d)

Nonconforming uses. Required repairs and unauthorized nonconformities.

(1)

Nothing in this section shall be deemed to prevent the restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

(2)

Any use of land, use of structures or structures, in existence on the effective date of the ordinance from which this section derives which was not an authorized nonconformity under previous zoning ordinances shall not be authorized to continue its nonconforming status pursuant to this section or amendments to this section.

(Code 1970, § 38-190; Ord. No. 3088, § 2(exh. A), 12-1-2015)

(a)

Any person, firm corporation, partnership, or association whether as principal, owner, agent, tenant, or otherwise who violates, disobeys, omits, or refuses to comply with or who resists the enforcement of any of the provisions of this chapter is subject to a civil violation or a criminal violation.

(b)

Notwithstanding subsection (a) of this section, a second or subsequent violation of any of the provisions of this chapter within a two-year period shall be deemed a misdemeanor.

(Code 1970, § 38-191; Ord. No. 3088, § 2(exh. A), 12-1-2015)

The violation of any such provision of this Code or any ordinance may be considered a municipal infraction as provided by the state code, except if the violation is a felony, an aggravated misdemeanor, or a serious misdemeanor under state law or if the violation is a simple misdemeanor under I.C.A. chs. 687—747. A municipal infraction is a civil offense punishable by a civil penalty of not more than $500.00 per each violation or, if the infraction is a repeat offense, a civil penalty not to exceed $750.00 per each repeat offense.

(Code 1970, § 38-192; Ord. No. 3088, § 2(exh. A), 12-1-2015)

Violations of this chapter are in addition to any other violation enumerated within the city ordinances and Code and in no way limits the penalties, actions, or abatement procedures which may be taken by the city for any violation of this chapter which is also a violation of any other ordinance or Code provision of the city, or statutes of the state.

(Code 1970, § 38-193; Ord. No. 3088, § 2(exh. A), 12-1-2015)

Each day any violation of any provision of this chapter continues, shall constitute a separate offense.

(Code 1970, § 38-194; Ord. No. 3088, § 2(exh. A), 12-1-2015)

(a)

If any building or structure is constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure, or land is used in violation of this chapter, the city, or any owner or tenant of real property in the same contiguous zoning district as the building or structure in question in addition to other remedies may institute any appropriate action or proceedings:

(1)

To prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance, or use;

(2)

To prevent the occupancy of the building structure or land;

(3)

To prevent any illegal act, conduct, business or use in or about the premises; or

(4)

To restrain, correct or abate the violation.

(b)

When any such action is instituted by an owner or tenant, notice of such action shall be served upon the city at the time suit is begun, by serving a copy of the complaint on the city clerk.

(c)

In any such action or proceeding, the court with jurisdiction thereof, has the power and in its discretion, may issue a restraining order, or a preliminary injunction, as well as a permanent injunction, upon such terms and under such conditions as will do justice and enforce the purpose of this chapter.

(Code 1970, § 38-195; Ord. No. 3088, § 2(exh. A), 12-1-2015)

(a)

No land shall be newly occupied or used and no building erected or structurally altered shall be occupied or used in whole or in part for any purpose whatsoever until an occupancy permit is issued by the building official including the approval of the zoning administrator stating that the building and use comply with the provisions of this section and the city's building and health ordinances.

(b)

In non-construction situations, the zoning administrator may issue a certificate of zoning compliance to indicate that the building and use comply with the provisions of this section and the city's building and health ordinances.

(Code 1970, § 38-196; Ord. No. 3088, § 2(exh. A), 12-1-2015)

No change of use shall be made in any building or part thereof erected or structurally altered without an occupancy permit being issued therefor by the building official. No permit shall be issued to make a change unless the changes are in conformity with this section.

(Code 1970, § 38-197; Ord. No. 3088, § 2(exh. A), 12-1-2015)

Prior to the issuance of a certificate of occupancy and compliance, the applicant shall pay to the city's treasurer a fee in the amount provided by Code. Where applicable, such sums shall be paid to the city treasurer upon application for a building permit.

(Code 1970, § 38-198; Ord. No. 3088, § 2(exh. A), 12-1-2015)

(a)

The term "insubstantial change" shall have the meanings ascribed below, except where the context clearly indicates a different meaning.

(b)

Insubstantial change includes but is not limited to a change:

(1)

Which does not increase the density of developments or the number of dwelling units, e.g., substituting two single-family units for a duplex, or two duplexes for a fourplex.

(2)

Affecting the off-street parking arrangement, e.g., changing the angle of parking or adding or eliminating garages and parking spaces, as long as any such change conforms to article XXX of this chapter.

(3)

In the orientation of a building, as long as no yard dimension shown on the original plan is reduced by more than ten percent.

(4)

To increase open space, setbacks, or landscaping materials.

(5)

In plant material.

(6)

In increase total square footage up to ten percent.

(Code 1970, § 38-199; Ord. No. 3088, § 2(exh. A), 12-1-2015)

(a)

This section applies only to article XXII of this chapter, planned unit development district.

(b)

A preliminary or final development plan may be changed upon approval by the planning and development department office, if the zoning administrator determines that the change is in substantial compliance with the development plan, as originally approved. Such approval shall be in writing and shall be signed by the zoning administrator. An applicant may request such a change by submitting the following:

(1)

A letter from the owner of the development authorizing the change.

(2)

A copy of the overall development plan clearly showing the change.

(3)

Three copies of the revised development plan. If the change is to a final development plan, the revised plan shall be done in accordance with section 38-666.

(c)

All changes to a preliminary or final development plan not deemed to be in substantial compliance with the development plan, as originally approved, shall be made in accordance with the procedures in effect at the time of initial approval.

(Code 1970, § 38-200; Ord. No. 3088, § 2(exh. A), 12-1-2015)

(a)

Provided no protest is timely filed as allowed by this section, the zoning administrator may grant an administrative exception to any front, rear, or side yard setback, lot area, coverage, length, lot width, building height, sign square footage and height, or projection limitation or to the minimum required number of off-street parking or loading spaces, provided:

(1)

The zoning administrator determines the exception satisfies the requirements for the approval of an exception by the zoning board of adjustment pursuant to section 38-997.

(2)

The exception satisfies one or more of the following limitations:

a.

The exception does not exceed 15 percent of the particular limitation in question, except for signs, which have a limit of 20 percent.

b.

The exception is for one of two or more required off-street parking spaces.

c.

The exception is for no more than 1½ feet of a setback requirement.

d.

The exception is from a setback requirement and allows an addition to an existing legal nonconforming structure to extend no closer to the property line than an adjoining portion of the existing structure.

(b)

Prior to granting any administrative exception pursuant to this section, the zoning administrator shall cause notice of the exception of the zoning administrator's intent to grant the exception if no protest is timely filed, and the manner in which protests may be filed, to be mailed to the owners of all property adjoining the subject property at their address of record as shown by the records of the county assessor.

(c)

The administrative exception shall not be granted until ten business days after the date the notice of intent to grant the waiver has been mailed to the owners of the adjoining property. The administrative waiver shall be denied if prior to its issuance any written protest resisting the granting of the administrative waiver is filed with the city by any owner of adjoining property. However, the administrative exception may be immediately granted if an owner of each adjoining property has filed consent to the exception with the planning and development department and no written protest has been received. The consent to the exception shall be in writing upon a form provided by the planning and development department.

(d)

The denial of an administrative exception shall not prevent the applicant from seeking approval of the exception from the zoning board of adjustment pursuant to section 38-997.

(e)

Prior to mailing the notice of intent to grant the administrative exception, the applicant shall deposit with the planning and development department the fee determined by Code and the estimated notification costs for the exception as determined by the city.

(Code 1970, § 38-201; Ord. No. 3088, § 2(exh. A), 12-1-2015)