Zoneomics Logo
search icon

Priest River City Zoning Code

CHAPTER 15

ADMINISTRATION AND ENFORCEMENT

10-15-1: ADMINISTRATION:

   A.   Administrator: The City Council shall appoint an Administrator to administer this title. The Administrator may be provided with the assistance of such other persons as the City Council may direct.
For the purpose of this title, the Administrator shall have the following duties:
      1.   Advise interested persons of the Zoning Code provisions.
      2.   Notify the news media regarding matters of public interest.
      3.   Aid applicants in the preparation and expedition of required applications.
      4.   Investigate all violations of this title and notify in writing the person responsible for such violation(s), ordering the action necessary to correct such violation.
      5.   Issue zoning permits, notifications and such similar administrative duties.
      6.   Assist the City Council in carrying out the provisions of this title.
   B.   Duties Of The City Council: For the purpose of this title, the City Council shall have the following duties:
      1.   Initiate proposed amendments to this title and conduct timely reviews of the complete Zoning Code.
      2.   Review all proposed amendments to this title and make associated decisions.
      3.   Review all conditional use permits, subdivisions, and planned unit developments as specified in this title and under the conditions as herein detailed with such additional safeguards as will uphold the intent of this title.
      4.   Review such variances from the terms of this title as will not be contrary to the public interest where, owing to the special conditions, a literal enforcement of this title will result in unnecessary hardship, and so that the spirit of this title shall be observed, and substantial justice done.
      5.   Conduct an annual review of fees provided for in this title. (Ord. 597, 8-6-2018)

10-15-2: PERMITS REQUIRED:

   A.   Zoning Permits Required: 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 Administrator. Zoning permits shall be issued only in conformity with the provisions of this title.
   B.   Application: The application for a zoning permit shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. At a minimum, the application shall contain the following information to the Administrator's satisfaction:
      1.   Name, mailing address, e-mail address, and phone number of applicant;
      2.   Legal description of property;
      3.   Existing use;
      4.   Proposed use;
      5.   Zoning district;
      6.   Plan, drawn to scale, showing the actual dimensions and the shape of the lot to be built upon; the exact size and location of existing buildings on the lot, if any; and the location and dimensions of the proposed building(s) or alteration;
      7.   Building heights;
      8.   Number of off-street parking spaces or loading berths;
      9.   Number of dwelling units;
      10.   Proposed sewer and water facilities; and
      11.   Such other matters as may be necessary to determine conformance with, and provide for, the enforcement of this title.
   C.   Approval Of Zoning Permits: Within thirty (30) days after the receipt of a complete application, the Administrator shall either approve or disapprove the application in conformance with the provisions of this title.
   D.   Expiration Of Zoning Permit: If the work described in any zoning permit has not begun within the timeframe stated in other sections of this title and adopted Building Code, said permit shall expire; it shall be revoked by the Administrator and written notice thereof shall be given to the persons affected.
   E.   Record Of Zoning Permits: The Administrator shall maintain a record of all zoning permits and copies shall be furnished upon request to any person.
   F.   Failure To Obtain A Zoning Permit: Failure to obtain a zoning permit shall be a violation of this title and will be subject to all conditions as delineated in section 10-15-3 of this chapter.
   G.   Construction And Use To Be As Provided In Applications, Plans, And Approvals: Zoning permits issued based on plans and applications approved by the Administrator do not guarantee approval by the City Council. The zoning permit acts as an administrative review for zoning matters and must accompany any other application forms that are required in the zoning and building process. The Administrator's approval of the zoning permit authorizes only the use and arrangement set forth in such approved plans and applications or amendments hereto, and no other use, arrangement, or construction, contrary to that authorized shall be deemed a violation of this title. (Ord. 597, 8-6-2018)

10-15-3: ENFORCEMENT:

   A.   Violations: 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 Administrator. The Administrator shall properly record such complaint, immediately investigate and take action thereon as provided by this title.
   B.   Penalties: The City Attorney and/or the prosecuting 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:
"Violation of any of the provisions of this title or failure to comply with any of its requirements shall constitute a misdemeanor. Each day the 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 City 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 of the Idaho Code."
(Ord. 597, 8-6-2018)

10-15-4: SCHEDULE OF FEES, CHARGES, AND EXPENSES:

The Administrator may review and recommend to the City Council a schedule of fees, charges, and expenses and a collection procedure for zoning permits, amendments, appeals, subdivisions, variances, conditional use permits, plan approvals, and any other matters pertaining to the administration and enforcement of this title requiring investigations, inspections, legal advertising, postage and other expenses. The City Council shall establish by resolution the schedule of fees and it may be altered or amended only by the City Council. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal. (Ord. 597, 8-6-2018)

10-15-5: HEARING NOTICE:

Whenever a hearing is required by this title for a conditional use permit, variance, appeal or amendment, the hearing shall be held at least once to receive testimony from interested or affected agencies and citizens. At least fifteen (15) days prior to the hearing, notice of the time, place and a summary of the proposal shall be published in the official newspaper or a paper of general circulation within the jurisdiction. Notice shall also be provided to property owners whose property is within or adjacent to the area bounded by lines three hundred feet (300') from the external boundaries of the property under consideration. Notice shall be provided by a placard (sign) posted on the property involved stating the time, the place, and purpose of the hearing. These are only the minimum hearing notice requirements. The Administrator or City Council may, when deemed appropriate, provide additional notice. (Ord. 597, 8-6-2018)