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Clarkston City Zoning Code

CHAPTER 2

ADMINISTRATION; PERMITS

10-2-1: BUILDING INSPECTOR TO ENFORCE:

The certified building inspector, appointed under the provisions of the building code of the state as adopted by the town council, is hereby designated and authorized as the officer charged with the enforcement of this title; however, the town council, by resolution or ordinance, may from time to time entrust such administration, in whole or in part, to any other officer of the town without amendment to this title. (Ord. 01-04, 1-7-2002)

10-2-2: PERMITS TO COMPLY:

From the time of the effective date hereof, the building inspector shall not grant a permit for the construction or alteration of any building or structure, or the moving of a building or structure onto a lot, if such building or structure would be in violation of any of the provisions of this title, nor shall any town officer grant any permit or license for the use of any building or land if such use would be in violation of this title. (Ord. 01-04, 1-7-2002)

10-2-3: POWERS AND DUTIES OF BUILDING INSPECTOR:

It shall be the duty of the building inspector to inspect, or cause to be inspected, all buildings in the course of construction or repair. He/she shall enforce all the provisions of this title, entering actions in the court when necessary, and his/her failure to do so shall not legalize any violation of such provisions. The building inspector shall not issue any permit unless the plans of and for the proposed erection, construction, reconstruction, alteration and use fully conform to all zoning regulations in effect. (Ord. 01-04, 1-7-2002)

10-2-4: CHANGES AND AMENDMENTS:

This title, including the maps, may be amended from time to time by the town council after fourteen (14) days' notice and public hearing, but all proposed amendments shall be first proposed by the planning commission or shall be submitted to the planning commission for recommendation, which shall be returned to the town council for its consideration within thirty (30) days. Failure of the planning commission to submit its recommendation within the prescribed time shall be deemed approval by such commission of the proposed change or amendment. The town council may overrule the planning commission's recommendations by a majority vote of its members. (Ord. 01-04, 1-7-2002)

10-2-5: AREAS ANNEXED:

   A.   Policy: All annexations to the incorporated boundaries of Clarkston Town shall be made in accordance with the latest requirements for annexations as outlined in the Utah Code Annotated, 10-2-4, (1953 as amended) which are incorporated in this chapter by reference.
   B.   Annexation Policy Plan: An annexation policy plan, developed in accordance with the provisions of section 10-2-401.5 Utah Code Annotated (1953 as amended) has been adopted and shall be used as a guide in making decisions relative to all annexation requests.
   C.   Application Fee: An application fee, as established in the most current version of the adopted prevailing fee schedule, shall be paid at the time the application for annexation is filed with the town clerk.
   D.   Areas Annexed: New areas annexed to the town shall automatically be classified as being in the A-10 agricultural zone until such classification shall have been changed by an amendment to this title, as provided by law. (Ord. 01-04, 1-7-2002; amd. Ord. 22-07, 10-4-2022)

10-2-6: LICENSING:

All departments, officials and public employees of the town, which are vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this title and shall issue no permit or license for uses, buildings or purposes where the same would be in conflict with the provisions of this title, and any such permit or license, if used in conflict with the provisions of this title, shall be null and void. (Ord. 01-04, 1-7-2002)

10-2-7: BUILDING PERMIT REQUIRED:

The construction, alteration, repair, removal or occupancy of any structure, or any part thereof, as provided or as restricted in this title, shall not be commenced or proceeded with except after the issuance of a written permit for the same by the building inspector. (Ord. 01-04, 1-7-2002)

10-2-8: CERTIFICATE OF OCCUPANCY REQUIRED:

No land shall be used or occupied, and no building hereafter structurally altered or erected shall be used or changed in use, until a certificate of occupancy shall have been issued by the building inspector stating that the building, or the proposed use thereof, or the use of the land, complies with the provisions of this title, or for the renewing, changing or extending of a nonconforming use. A certificate of occupancy, either for the whole or a part of a building or structure, shall be applied for coinciding with the application for a building permit and shall be issued within ten (10) days after the erection or structural alteration of such building or structure, or part thereof, shall have been completed in conformity with the provisions of this title. (Ord. 01-04, 1-7-2002)

10-2-9: ZONING PERMIT REQUIRED:

   A.   A building permit is not required for buildings or structures two hundred (200) square feet or less; and
   B.   Buildings or structures, measuring fifty (50) square feet to two hundred (200) square feet, including metal storage or shipping containers of any kind or size, must adhere to the zoning regulations; and
   C.   To ensure that zoning regulations are adhered to on the above mentioned buildings or structures, the town of Clarkston has determined the need to implement a zoning clearance permit; and
   D.   The zoning clearance permit application filing fee shall be in the amount as established by the town council. (Ord. 16-06, 2-2-2016; amd. Ord. 21-05, 5-18-2021)

10-2-10: VALIDITY:

Should any section, clause or provision of this title be declared by the courts to be invalid, the same shall not affect the validity of the title as a whole, or any part thereof, other than the part so declared to be invalid. (Ord. 01-04, 1-7-2002; amd. Ord. 16-06, 2-2-2016)

10-2-11: PENALTY:

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing or permitting the violation of the provisions of this title, including the provisions of a validly issued conditional use permit, shall be guilty of a class C misdemeanor, subject to penalty as provided in section 1-4-1 of this code, and such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this title is committed, continued or permitted by such person, firm or corporation. (Ord. 01-04, 1-7-2002; amd. 2003 Code; Ord. 16-06, 2-2-2016)