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Plummer City Zoning Code

CHAPTER 18

ADMINISTRATION AND ENFORCEMENT

8-18-1: PERMITS REQUIRED:

   A.   Commencement Of Work: All permits for construction, alteration, or for occupancy must have work commenced within one hundred eighty (180) days of the date of issuance of the permit or the permit becomes null and void.
   B.   Occupancy:
      1.   Generally: 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 partially altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the office of the building department.
      2.   Exceptions: Occupancy permits are not required for single- family dwellings or other buildings excluded in the building code 1 . (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009)

8-18-2: APPLICATION FORMS:

Administrative forms shall be available in sufficient quantity at the city clerk's office. These forms must ask for sufficient and detailed information to assist in the granting of the various permits, uses, variances and the like. These forms shall be constantly reviewed and upgraded as necessary to ensure that decisions may be made on fair and equal basis. (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009)

8-18-3: ZONING UPON ANNEXATION:

   A.   Procedure And Application: A person desiring to have a parcel of land annexed into the incorporated area of the city, shall submit a written request containing at least the following information:
      1.   The complete legal description of the parcel or parcels as last shown on the record of the county recorder. Tax numbers are not of sufficient legal description to satisfy this requirement.
      2.   A plot plan (drawn to a readable scale) showing the following:
         a.   Parcel or parcels, vicinity streets, location in relation to city boundaries, measurements of parcel or parcels in linear feet, all directions and total acreage.
         b.   Zone or zone district desired.
         c.   A tentative plan showing the proposed intended use should be submitted with the application for annexation.
      3.   All parcels of land to be considered for annexation must have a continuous boundary attachment to the existing incorporated area. A mere ribbon or very narrow strip of land shall not be considered a contiguous attachment.
   B.   Hearing And Decision:
      1.   Upon receipt of an application for annexation, the council shall hold at least one public hearing, as provided in section 67-6509, Idaho Code, in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the plan to be discussed shall be published in the official newspaper of the city. All costs for notification and advertising for hearing shall be the responsibility of the applicant.
      2.   If the council rejects the annexation, the applicant shall be notified in writing and no further action shall be required.
      3.   If the council approves the zoning as presented or amended, and the annexation, this zoning title and official zoning map shall be amended in accordance with section 8-3-1 of this title.
      4.   Concurrently or immediately following the adopting of an ordinance for annexation, the city council shall comply with all provisions of sections 50-222 through 50-223, Idaho Code, when annexing adjacent territory to the city limits. (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009)

8-18-4: NEW AND UNLISTED USES:

   A.   Development Of New Uses: It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the city.
   B.   Procedures For Determination: In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:
      1.   The question concerning any new or unlisted use shall be accompanied by a statement of facts listing the nature of the use, including, but not limited to, whenever it involves dwelling activity, sales, processing, type of project, storage, and amount or nature thereof, enclosed or open storage, anticipated employment and the amount of noise, odor, fumes, dust, toxic materials and vibration likely to be generated.
      2.   The council shall consider the nature and describe performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the type of zone within which such use should be permitted. (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009)

8-18-5: ENFORCEMENT:

All departments, officials and employees of the city vested with the duty of authority to issue permits shall conform to the provisions of this title; and any such permit or any business license issued in conflict with the provisions of this title shall be null and void. It shall be the duty of the director of the building department of the city, or his authorized agent, to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration, addition, location or use of any building or structure. (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009)

8-18-6: VIOLATIONS:

Any person violating any of the provisions of this title shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this title is committed, continued, or permitted. (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009)

8-18-7: PENALTIES:

Except in those cases where a specific penalty is prescribed elsewhere within this code (e.g., subsection 3-1-9D of this code), any person violating any of the sections or provisions of this title shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this code. (Ord. 352, 10-10-2002; amd. Ord. 398, 8-14-2009)

8-18-8: SCHEDULE OF FEES, CHARGES AND EXPENSES:

The council shall establish by resolution a schedule of fees, charges and expenses and a 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 investigation, inspections, legal advertising, postage, and other expenses. The schedule of fees shall be in the office of the city clerk and may be altered or amended only by the council. Until applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. (Ord. 370, 6-9-2005; amd. Ord. 398, 8-14-2009)