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 a permit therefor issued by the commission or its designated agent. Building permits shall be issued only in conformity with the provisions of this title.

(Ord. 443 Ch. 5 §1, 1979)

By submitting the building permit application to the City, the applicant or applicant’s agent certifies to the City, to the best of their knowledge that the information being submitted is true, that they have read and understood the application and Preston Municipal Code relating to the construction of buildings, zoning and any other applicable code.

The application may contain the following information and/or any other information the permit administrator deems necessary to gain a full understanding of the building project:

1. Name, address and phone number of applicant;
2. Legal description of property (and street address, if possible);
3. Existing use;
4. Proposed use;
5. Zoning district;
6. A site plan illustrating the dimensions of all buildings, easements, improvements, hard surfaces, setbacks, lot lines, shape and dimensions of the lot, landscaped area to be included as a yard with dimensions, and proposed building site;
7. Building heights;
8. Number of off-street parking spaces or loading berths;
9. Number of dwelling units;
10. Proposed sewer and water facilities;
11. Such other matters as may be necessary to determine conformance with, and provide for, the enforcement of this title; and
12. A survey of the lot or other property upon which the building or other structure is to be constructed, shall be submitted with the application. Such survey shall be conducted in accordance with the laws of the state by a professional surveyor qualified to conduct surveys within the state. No survey shall be required on lots previously surveyed which are part of subdivisions which have been accepted by the city. In certain situations, specified within this code, a survey may not be required.
    
    1. Movable buildings are excluded from the survey requirement as specified in zoning code.
       
    2. If a building is built out in such a way so as to square off its foundation, without projecting out any further than the currently existing foundation, then a survey shall not be required.
       
    3. If a building is built up, but does not expand upon its currently existing footprint, no survey shall be required.
       

(Ord. 2019-9 § 1, 2019; Ord. 2006-6 §3, 2006: Ord. 536 §1, 1995; Ord. 443 Ch. 5 §2, 1979)

Within thirty-one (31) days after the receipt of a completed application which is found to conform to Preston Municipal Code requirements, the permit administrator shall either approve or disapprove the application in conformance with the provisions of this title. All building permits shall, however, be conditional upon the commencement of work within one (1) year. One (1) copy of the plans shall be returned to the applicant by the permit administrator or building inspector after the building inspector shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. One (1) copy of plans similarly marked, shall be retained by the permit administrator. The City Clerk's Office shall issue a placard, to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alteration is in conformance with the provisions of this title.

(Ord. 2019-9 §1, 2019; Ord. 443 Ch. 5 §3, 1979)

If the work described in any building permit has not begun within one (1) year from the date of issuance thereof, the permit shall expire.

(Ord. 443 Ch. 5 §4, 1979)

Failure to obtain a building permit shall be a violation of this title.

(Ord. 443 Ch. 5 §5, 1979)

Building permits issued on the basis of plans and applications approved by the permit 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. 2019-9 § 1, 2019; Ord. 443 Ch. 5 §6, 1979)

1. Within the area between 4th North, 4th East, 6th South, and 4th West streets, the owner or person lawfully occupying any property within the city, who desires to construct, erect, move, enlarge the building footprint by more than 49%, or place a principal structure upon such property within the city, shall, prior to obtaining an occupancy permit, meet the following requirements:
   1. All improvements shall be in accordance with the city’s current standards and specifications.
      
   2. At the property owner’s expense, an engineer or surveyor shall calculate the proper grade for sewer lines, curb, gutter, sidewalk and streets located on the property, which require proper angles of grade.
      
   3. Construct all proposed streets found in figure 2.2.2 of the Major Street Plan which may be located on the property.
   4. Lay asphalt plant mix pavement over approved rock bases, or otherwise match existing road surface, on all proposed streets located on the property and on the existing street or streets abutting such property to the middle of such existing street or streets, or the existing edge of the pavement.
   5.  Construct ribbon curb and swale/vertical curb and gutter along all proposed streets located on the property and along the existing street or streets abutting the property.
   6. Construct sidewalk in accordance with city standards parallel to all proposed streets located on the property and to the existing street or streets abutting the property.
      
   7. On parcels not abutting a public street, show legal access to the parcel exists.
      
   8. Connect to the city water system.
      
   9. If available, connect to the city sewer system. If sewer service is extended to an area that has not previously been available, then owner of the parcel shall pay all applicable fees and connect to the system.
      
   10. If extension of the public sanitary sewer or water lines is required in order to permit connection to a building or structure, the owner of the property to be connected shall pay all costs of extension of the public line and connection thereto.
       
   11. After the completion of all proposed streets found in figure 2.2.2 of the Major Street Plan which may be located on the property, including the completion of all curb, gutter and sidewalk, dedicate such streets to the city.
       
   12. Prior to the construction, erection or placement of such building or structure, the person owning such property shall have either (a) previously constructed all of the above required improvements and secured a certificate of completion from the city engineer or (b) posted with the city a cash bond or letter of credit, in a form acceptable to the city, payable to the city in the amount of one hundred and twenty percent (120%) of the estimated costs of completing all of the above required improvements..
       
   13. Prior to the issuing of a building permit for the construction, erection or placement of such building or structure within a subdivision approved by the city, either (a) all improvements required as a condition of approval of the subdivision final plat, shall be completed and such improvements accepted by the city as described in Section 16.28.010(F) of this code or (b) a cash bond or letter of credit, in a form acceptable to the city, payable to the city shall have been posted with the city in the amount of one hundred and twenty percent (120%) of the estimated costs of completing all improvements required as a condition of approval of the subdivision final plat.
       
   14. Prior to the issuing of a building permit for the construction, erection or placement of such building or structure within a subdivision on lands annexed to the city, all annexation fees must be paid.
       
   15. The owner or person lawfully occupying any property within the city, who desires to construct, erect, move or place a building or other structure upon such property within the city, shall repair any damages to city improvements caused by the permitted activities at their own expense prior to issuance of an occupancy permit.
       
   16. No building materials, equipment or trailers may be stored in the public right-of-way.
       
   17. Within seven (7) months after being issued a certificate of occupancy, the owner or person lawfully occupying any property comply with PMC section 16.25.060R in regards to swales. The owner or other occupant of the property shall cause the swale to be kept free and clear of debris, and shall cause weeds to be cut in accordance with Chapter 8.06, Preston Municipal Code. Neither the property owner, occupant, or any other occupant shall plant any trees or cause cobblestone, bark, or other unspecified landscaping material to be placed in the swale. If the shape of the swale has been compromised due to the construction activities upon the property, or otherwise, the property owner shall cause the swale to be restored to its original shape and condition. At the time of making application for a building permit, the city engineer shall estimate the cost of purchasing and installing live grass sod within the swale, and the estimated amount plus an additional twenty-five (25) percent of said cost to cover contingencies, shall be paid by the property owner to the city to insure proper installation of the swale. If the property owner complies with PMC section 16.25.060R, or if there are any excess funds held by the city after its installation of the same, at the request of the property owner, the funds shall be refunded. If no such request is made within the period of one (1) year, those funds shall be forfeited to the City Sidewalk Fund.
2. Outside the area between 4th North, 4th East, 6th South, and 4th West streets, the owner or person lawfully occupying any property within the city, who desires to construct, erect, move, enlarge the building footprint by more than 49% or place a principal structure upon such property within the city, shall, prior to obtaining an occupancy permit meet the following requirements:
   1. All improvements shall be in accordance with the city’s current standards and specifications.
      
   2. At the property owner’s expense, an engineer or surveyor shall calculate the proper grade for sewer lines, curb, gutter, sidewalk and streets located on the property, which require proper angles of grade.
      
   3. Construct all proposed streets found in figure 2.2.2 of the Major Street Plan which may be located on the property.
      
   4. Lay asphalt plant mix pavement over approved rock bases, or otherwise match existing road surface, on all proposed streets located on the property and on the existing street or streets abutting such property to the middle of such existing street or streets, or the existing edge of the pavement.
      
   5. Construct ribbon curb and swale/vertical curb and gutter along all proposed streets located on the property and along the existing street or streets abutting the property, or pay into the City Sidewalk Fund at a rate specified therein.
      
   6. Construct sidewalk in accordance with city standards parallel to all proposed streets located on the property and to the existing street or streets abutting the property or pay into the City Sidewalk Fund at a rate specified therein.
      
   7. On parcels not abutting a public street, show legal access to the parcel exists.
      
   8. Connect to the city water system.
      
   9. If available, connect to the city sewer system. If sewer service is extended to an area that is has not previously been available, then owner of the parcel shall pay all applicable fees and connect to the system.
      
   10. If extension of the public sanitary sewer or water lines is required in order to permit connection to a building or structure, the owner of the property to be connected shall pay all costs of extension of the public line and connection thereto.
       
   11. After the completion of all proposed streets found in figure 2.2.2 of the Major Street Plan which may be located on the property, including the completion of all curb, gutter and sidewalk, dedicate such streets to the city.
       
   12. Prior to the construction, erection or placement of such building or structure, the person owning such property shall have either (a) previously constructed all of the above required improvements, or paid into the City Sidewalk Fund, and secured a certificate of completion from the city engineer or (b) posted with the city a cash bond or letter of credit, in a form acceptable to the city, payable to the city in the amount of one hundred and twenty percent (120%) of the estimated costs of completing all of the above required improvements.
       
   13. Prior to the issuing of a building permit for the construction, erection or placement of such building or structure within a subdivision approved by the city, either (a) all improvements required as a condition of approval of the subdivision final plat, shall be completed and such improvements accepted by the city as described in Section 16.28.010(F) of this code or (b) a cash bond or letter of credit, in a form acceptable to the city, payable to the city shall have been posted with the city in the amount of one hundred and twenty percent (120%) of the estimated costs of completing all improvements required as a condition of approval of the subdivision final plat.
       
   14. Prior to the issuing of a building permit for the construction, erection or placement of such building or structure within a subdivision on lands annexed to the city, all annexation fees must be paid.
       
   15. The owner or person lawfully occupying any property within the city, who desires to construct, erect, move or place a building or other structure upon such property within the city, shall repair any damages to city improvements caused by the permitted activities at their own expense prior to issuance of an occupancy permit.
       
   16. No building materials, equipment or trailers may be stored in the public right-of-way.
       
   17. Within seven (7) months after being issued a certificate of occupancy, the owner or person lawfully occupying any property comply with PMC section 16.25.060R in regards to swales. The owner or other occupant of the property shall cause the swale to be kept free and clear of debris, and shall cause weeds to be cut in accordance with Chapter 8.06, Preston Municipal Code. Neither the property owner, occupant, or any other occupant shall plant any trees or cause cobblestone, bark, or other unspecified landscaping material to be placed in the swale. If the shape of the swale has been compromised due to the construction activities upon the property, or otherwise, the property owner shall cause the swale to be restored to its original shape and condition. At the time of making application for a building permit, the city engineer shall estimate the cost of purchasing and installing live grass sod within the swale, and the estimated amount plus an additional twenty-five (25) percent of said cost to cover contingencies, shall be paid by the property owner to the city to insure proper installation of the swale. If the property owner complies with PMC section 16.25.060R, or if there are any excess funds held by the city after its installation of the same, at the request of the property owner, the funds shall be refunded. If no such request is made within the period of one (1) year, those funds shall be forfeited to the City Sidewalk Fund.
       
3. On any parcel exceeding the minimum required area by at least twice the requirement, if the undeveloped property remaining meets current requirements to be further divided into another lot or lots but is left undeveloped or remains in agricultural use, only within the area immediately abutting the yard (the area planted in grass and maintained for the non-commercial use and enjoyment of the occupant), including all required setbacks, will be required to install or expand any street or streets, sidewalk, or ribbon curb and swale/vertical curb and gutter until such time that the remaining property is developed.
4. City staff shall review all applications to ensure city services can be delivered at an adequate level to the proposed building. If it is determined that adequate services cannot be delivered, the building permit shall not be approved, unless the applicant makes acceptable arrangements to meet the appropriate level of service.
   
5. The Public Works Director and the Director of City Planning and Land Use shall jointly determine whether ribbon curb and swales or curb and gutter shall be used on individual lots.
   
   1. this decision shall be based on access to existing storm drains, use of swales or curb and gutter on adjacent properties and the adequacy off either design in any individual situation.
      
   2. Any improvements shall be installed as specified in the most currently adopted ROW cross section.
      

(Ord. 2026-1 §2 Ord. 2019-9 § 1, 2019; Ord. 2006-6 §§4—7, 2006; Ord. 96-10 §1(part), 1996; Ord. 96-9 §1, 1996; Ord. 524 §1, 1994)

(Ord. No. 2009-1, § 2, 5-11-2009) (Ord. No. 2024-3, § 1, 6/10/2024)

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 clerk. The clerk shall properly record such complaint.

(Ord. 443 Ch. 5 §7, 1979)

The city attorney shall, in addition to taking whatever criminal action deemed necessary, take steps to civilly enjoin any violation of this title. Penalties for failure to comply with or violations of the provisions of this title shall be as follows:

1. The city attorney shall, in addition to taking whatever criminal action deemed necessary, take steps to civilly enjoin any violation of this title. Penalties for failure to comply with or violations of the provisions of this title shall be as follows:
   
   1. "Violation of any of the provisions of this ordinance 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 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 ordinance or of the Idaho Code."
      
2. All fees associated with a building permit shall be paid prior to issuing the permit. These fees include, but are not limited to, the following: building permit fee, water connection fee, sewer connection fee, swale bond, etcetera. If construction commences, continues, or otherwise moves forward prior to a building permit being issued and the fees being paid the following restrictions and penalties shall apply:
   
   1. No building shall be granted occupancy if any fees are unpaid;
   2. No further building permits shall be issued to any applicant if outstanding fees remain on any other permit;
   3. No further requests for water or sewer connections shall be granted to a builder, developer, or individual with any unpaid fees;
   4. No connection to the city water or sewer shall be made until all fees associated with a building permit have been paid;
      
3. In addition to the penalties set forth in 17.46.080B, any violation of any section of this code, 17.46, shall also be punishable by the following:
   
   1. The City may require any buildings or improvements to be removed at the cost of the individual responsible for placing them;
   2. A fine of $500.00 per day may be assessed to the builder and to the property owner each day that the violation exists;
   3. City water shall not be allowed to be turned on at any building where there are unpaid fees;
   4. The builder and/or developer responsible may have their Preston City business license suspended for not less than one (1) year, precluding any further building during that time period;
   5. The City may place a lien on any property owing unpaid fees and fines to the City.

(Ord. 2019-9 § 1, 2019; Ord. 443 Ch. 5 § 8, 1979)

The council shall establish a schedule of fees, charges and expenses and a collection procedure for building permits, amendments, appeals, variances, special use permits, plan approvals and other maters 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 clerk, and may be altered or amended only by the council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

(Ord. 443 Ch. 5 § 9, 1979)

1. Each proposed building will be evaluated on whether it meets building code requirements, zoning code requirements, and whether the city can adequately provide necessary services to the structure. If the building does not comply with all requirements city staff shall not approve the application and advise the applicant of the reasons the application was not approved.
2. If a building permit application is denied, an appeal may be made to the Planning and Zoning Commission. At such hearing, the applicant or the applicant’s representative bears the burden of showing the denial was in error. The applicant or the applicant’s representative may present information to support their position. The Commission may then decide to allow the building, disallow the building, or allow the building under the conditions that a variance or a special use permit first be obtained. A hearing must be requested within 14 calendar days after a denial by staff. Such a request must be made in writing and filed with the City Clerk.
3. If an applicant appeals to the Planning and Zoning Commission and does not prevail, another appeal may be made to the Preston City Council. At such hearing, the applicant or the applicant’s representative bears the burden of showing the denial was in error. The applicant or the applicant’s representative may present information to support their position. The Council may then decide to allow the building, disallow the building, or allow the building under the conditions that a variance or a special use permit first be obtained. A hearing must be requested within 14 calendar days after a denial by the Planning and Zoning Commission. Such a request must be made in writing and filed with the City Clerk.
   

(Ord. 2019-9 § 1, 2019)