No building or other structure shall be erected, moved, added to, or structurally altered without first obtaining a building permit (as defined in the International Building Code, title 7, chapter 3 of this Code). No land shall be established or changed in use without first obtaining a certificate of compliance. Permits and certificates shall be issued only in conformity with the provisions of this title.
(Ord. 275, 4-2-2015; amd. 2018 Code)
8-11-2: CONTENTS OF APPLICATION:
Every application must be filed in duplicate on a form provided by the City Clerk-Treasurer. The application 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:
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.
K. Such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this title. (Ord. 275, 4-2-2015)
L. On projects that the City Council deems environmentally significant, the applicant shall also complete an environmental checklist, supplied by the City Clerk-Treasurer.
(Ord. 275, 4-2-2015; amd. 2018 Code)
8-11-3: APPROVAL OR DISAPPROVAL PROCEDURE:
All applications for a building permit and/or certificate of compliance shall be filed with the City Clerk-Treasurer. Application is reviewed from compliance by City staff and the building inspector. If paid in full and in compliance a permit is issued. One copy of the application with the plans shall be returned to the applicant marked either approved or disapproved. One copy of the same, similarly marked, shall be retained by the City Clerk-Treasurer. (Ord. 275, 4-2-2015; amd. 2018 Code)
8-11-4: EXPIRATION OF PERMIT:
A. If the work for which a permit has been issued is not commenced within three (3) months after the date of issuance or such longer period as the building inspector may authorize in writing because of the occurrence of conditions unforeseen at the time of the issuance, such permits shall expire. A new permit shall be obtained before such work is completed.
B. If the work for which a permit was issued is not completed within one year from the date of issuance of the permit or such longer period as the building inspector shall authorize in writing, said permit shall expire. No further work shall be undertaken until a new building permit has been obtained. (Ord. 275, 4-2-2015)
8-11-5: CERTIFICATE OF OCCUPANCY:
It shall be unlawful to use, 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 building inspector or the City Clerk- Treasurer 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. 275, 4-2-2015)
8-11-6: TEMPORARY CERTIFICATE OF OCCUPANCY:
A temporary Certificate of Occupancy may be issued by the building inspector or the City Clerk-Treasurer for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion. (Ord. 275, 4-2-2015)
8-11-7: RECORD OF PERMITS AND CERTIFICATES:
The City Clerk-Treasurer shall maintain a record of all permits and certificates of occupancy and copies shall be furnished upon request and payment of duplication in cost to any person. (Ord. 275, 4-2-2015)
8-11-8: FAILURE TO OBTAIN PERMIT OR CERTIFICATE:
Failure to obtain a permit or Certificate of Occupancy shall be a violation of this title. (Ord. 275, 4-2-2015)
8-11-9: CONSTRUCTION AND USE RESTRICTIONS:
Permits or Certificates of Occupancy issued on the basis of plans and applications approved by the City Council 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. 275, 4-2-2015)
8-11-10: SCHEDULE OF FEES, CHARGES AND EXPENSES:
A. The City Council shall establish a schedule of fees, charges and expenses and a collection procedure for 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.
B. The schedule of fees shall be posted in the Office of the City Clerk-Treasurer and may be altered or amended only by the City Council.
C. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. (Ord. 275, 4-2-2015)
8-11-11: 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 City Clerk-Treasurer. The City Clerk-Treasurer and building inspector shall properly record such complaint, immediately investigate and take action thereon as provided by this title. (Ord. 275, 4-2-2015)
8-11-12: PENALTIES:
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:
Violation of any of the provisions of this title 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 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. 275, 4-2-2015)
Winchester City Zoning Code
CHAPTER 11
ADMINISTRATION AND ENFORCEMENT
8-11-1: PERMITS REQUIRED:
No building or other structure shall be erected, moved, added to, or structurally altered without first obtaining a building permit (as defined in the International Building Code, title 7, chapter 3 of this Code). No land shall be established or changed in use without first obtaining a certificate of compliance. Permits and certificates shall be issued only in conformity with the provisions of this title.
(Ord. 275, 4-2-2015; amd. 2018 Code)
8-11-2: CONTENTS OF APPLICATION:
Every application must be filed in duplicate on a form provided by the City Clerk-Treasurer. The application 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:
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.
K. Such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this title. (Ord. 275, 4-2-2015)
L. On projects that the City Council deems environmentally significant, the applicant shall also complete an environmental checklist, supplied by the City Clerk-Treasurer.
(Ord. 275, 4-2-2015; amd. 2018 Code)
8-11-3: APPROVAL OR DISAPPROVAL PROCEDURE:
All applications for a building permit and/or certificate of compliance shall be filed with the City Clerk-Treasurer. Application is reviewed from compliance by City staff and the building inspector. If paid in full and in compliance a permit is issued. One copy of the application with the plans shall be returned to the applicant marked either approved or disapproved. One copy of the same, similarly marked, shall be retained by the City Clerk-Treasurer. (Ord. 275, 4-2-2015; amd. 2018 Code)
8-11-4: EXPIRATION OF PERMIT:
A. If the work for which a permit has been issued is not commenced within three (3) months after the date of issuance or such longer period as the building inspector may authorize in writing because of the occurrence of conditions unforeseen at the time of the issuance, such permits shall expire. A new permit shall be obtained before such work is completed.
B. If the work for which a permit was issued is not completed within one year from the date of issuance of the permit or such longer period as the building inspector shall authorize in writing, said permit shall expire. No further work shall be undertaken until a new building permit has been obtained. (Ord. 275, 4-2-2015)
8-11-5: CERTIFICATE OF OCCUPANCY:
It shall be unlawful to use, 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 building inspector or the City Clerk- Treasurer 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. 275, 4-2-2015)
8-11-6: TEMPORARY CERTIFICATE OF OCCUPANCY:
A temporary Certificate of Occupancy may be issued by the building inspector or the City Clerk-Treasurer for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion. (Ord. 275, 4-2-2015)
8-11-7: RECORD OF PERMITS AND CERTIFICATES:
The City Clerk-Treasurer shall maintain a record of all permits and certificates of occupancy and copies shall be furnished upon request and payment of duplication in cost to any person. (Ord. 275, 4-2-2015)
8-11-8: FAILURE TO OBTAIN PERMIT OR CERTIFICATE:
Failure to obtain a permit or Certificate of Occupancy shall be a violation of this title. (Ord. 275, 4-2-2015)
8-11-9: CONSTRUCTION AND USE RESTRICTIONS:
Permits or Certificates of Occupancy issued on the basis of plans and applications approved by the City Council 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. 275, 4-2-2015)
8-11-10: SCHEDULE OF FEES, CHARGES AND EXPENSES:
A. The City Council shall establish a schedule of fees, charges and expenses and a collection procedure for 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.
B. The schedule of fees shall be posted in the Office of the City Clerk-Treasurer and may be altered or amended only by the City Council.
C. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. (Ord. 275, 4-2-2015)
8-11-11: 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 City Clerk-Treasurer. The City Clerk-Treasurer and building inspector shall properly record such complaint, immediately investigate and take action thereon as provided by this title. (Ord. 275, 4-2-2015)
8-11-12: PENALTIES:
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:
Violation of any of the provisions of this title 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 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.