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 Planning Administrator. Zoning permits shall be issued only in conformity with the provisions of this title. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)
10-14-2: CONTENTS OF APPLICATION:
The application for zoning permit shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state that the permit shall expire and may be revoked if work has not begun or is substantially completed within one year. At a minimum, the application shall contain the following information:
A. Name, address and phone number of applicant;
B. Legal description of property;
C. Existing use;
D. Proposed use;
E. Zoning district;
F. 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;
G. Building heights;
H. Number of off-street parking spaces or loading berths;
I. Number of dwelling units;
J. Proposed sewer and water facilities; and
K. Such other matters as may be necessary to determine conformance with, and provide for, the enforcement of this title. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)
10-14-3: APPROVAL OF ZONING PERMIT:
Within thirty (30) days after receipt of an application, the Planning Administrator shall either approve or disapprove the application in conformance with the provisions of this title. All zoning permits shall, however, be conditional upon the commencement of work within one year. One copy of the plans shall be returned to the applicant by the Administrator after the Administrator shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. One copy of plans, similarly marked, shall be retained by the Administrator. The Administrator 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. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)
10-14-4: EXPIRATION OF ZONING PERMIT:
If the work described in any zoning permit has not begun within one year from the date of issuance thereof, said permit shall expire; it shall be revoked by the Administrator and written notice thereof shall be given to the persons affected. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)
10-14-5: CERTIFICATE OF OCCUPANCY:
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 partly altered or enlarged in its use or structure until a certificate of occupancy shall have been therefor by the Administrator stating that the proposed use of the building or land conforms to the requirements of this title and with all conditional provisions that may have been imposed. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)
10-14-6: TEMPORARY CERTIFICATE OF OCCUPANCY:
A temporary certificate of occupancy may be issued by the Administrator for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)
10-14-7: RECORDS MAINTAINED:
The Administrator shall maintain a record of all zoning permits and certificates of occupancy and copies shall be furnished upon request to any person. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)
10-14-8: FAILURE TO OBTAIN A ZONING PERMIT OR CERTIFICATE OF OCCUPANCY:
Failure to obtain a zoning permit or certificate of occupancy shall be violation of this title. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)
10-14-9: CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS, PERMITS AND CERTIFICATES:
Zoning permits or certificates of occupancy issued on the basis of plans and applications approved by the 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. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)
10-14-10: COMPLAINTS REGARDING 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. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)
10-14-11: PENALTIES:
The Prosecuting Attorney/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:
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.
The Council shall establish 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 investigations, inspections, legal advertising, postage and other expenses. The schedule of fees shall be posted in the office of the Administrator, and may be altered and 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. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)
Rigby City Zoning Code
CHAPTER 14
ENFORCEMENT
10-14-1: 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 Planning Administrator. Zoning permits shall be issued only in conformity with the provisions of this title. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)
10-14-2: CONTENTS OF APPLICATION:
The application for zoning permit shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state that the permit shall expire and may be revoked if work has not begun or is substantially completed within one year. At a minimum, the application shall contain the following information:
A. Name, address and phone number of applicant;
B. Legal description of property;
C. Existing use;
D. Proposed use;
E. Zoning district;
F. 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;
G. Building heights;
H. Number of off-street parking spaces or loading berths;
I. Number of dwelling units;
J. Proposed sewer and water facilities; and
K. Such other matters as may be necessary to determine conformance with, and provide for, the enforcement of this title. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)
10-14-3: APPROVAL OF ZONING PERMIT:
Within thirty (30) days after receipt of an application, the Planning Administrator shall either approve or disapprove the application in conformance with the provisions of this title. All zoning permits shall, however, be conditional upon the commencement of work within one year. One copy of the plans shall be returned to the applicant by the Administrator after the Administrator shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. One copy of plans, similarly marked, shall be retained by the Administrator. The Administrator 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. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)
10-14-4: EXPIRATION OF ZONING PERMIT:
If the work described in any zoning permit has not begun within one year from the date of issuance thereof, said permit shall expire; it shall be revoked by the Administrator and written notice thereof shall be given to the persons affected. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)
10-14-5: CERTIFICATE OF OCCUPANCY:
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 partly altered or enlarged in its use or structure until a certificate of occupancy shall have been therefor by the Administrator stating that the proposed use of the building or land conforms to the requirements of this title and with all conditional provisions that may have been imposed. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)
10-14-6: TEMPORARY CERTIFICATE OF OCCUPANCY:
A temporary certificate of occupancy may be issued by the Administrator for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)
10-14-7: RECORDS MAINTAINED:
The Administrator shall maintain a record of all zoning permits and certificates of occupancy and copies shall be furnished upon request to any person. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)
10-14-8: FAILURE TO OBTAIN A ZONING PERMIT OR CERTIFICATE OF OCCUPANCY:
Failure to obtain a zoning permit or certificate of occupancy shall be violation of this title. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)
10-14-9: CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS, PERMITS AND CERTIFICATES:
Zoning permits or certificates of occupancy issued on the basis of plans and applications approved by the 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. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)
10-14-10: COMPLAINTS REGARDING 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. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)
10-14-11: PENALTIES:
The Prosecuting Attorney/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:
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.
The Council shall establish 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 investigations, inspections, legal advertising, postage and other expenses. The schedule of fees shall be posted in the office of the Administrator, and may be altered and 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. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)