There is hereby created the office of zoning administrator. The mayor, with the advice and consent of the city council, shall appoint one or more persons to act as zoning administrator. Said administrator is hereby charged with the administration and enforcement of the development code and such other duties as are set forth below. (Ord. 97-7-8-8, 7-8-1997)

It shall be the duty of the zoning administrator to:

   A.   Review all applications for building permit and zoning approvals and to issue zone clearance permits for those projects and uses found to be in compliance with the development code.

   B.   Refuse to issue any zone clearance permit unless the plans of and for the proposed erection, construction or use fully conform to all zoning regulations in effect within the city.

   C.   Review all applications for site plan review and conditional use permits, and inform the appropriate approval authority of the findings of that review.

   D.   Enforce the provisions of the zoning regulations and the terms of any site plan or conditional use permit which shall have been approved and, wherever violations occur, to consult with the city attorney, to issue a notice to comply or other appropriate action, to prepare exhibits, testimony and other data which may be needed in such enforcement. (Ord. 97-7-8-8, 7-8-1997)

   E.   Render administrative decisions on those certain routine and uncontested matters as are delegated to him by the city council or appeal authority and pursuant to established guidelines relating thereto. (Ord. 97-7-8-8, 7-8-1997; amd. Ord. 07-7, 4-24-2007)

   A.   A zone clearance permit shall be required prior to the issuance of any building permit. No zone clearance or building permit shall be issued within the city until the application therefor has been reviewed and the proposed use or structure found to be in compliance with all applicable provisions of the development code.

   B.   Where the use is one which requires the prior approval of a site plan, special exception or conditional use permit, no zone clearance or building permit shall be issued until such time as the required approval shall have been granted by the appropriate approval body. (Ord. 97-7-8-8, 7-8-1997)

No building permit authorizing the use of land or the construction or alteration or moving of a building or structure on a lot shall be issued unless the parcel of land upon which the use is to be conducted or the building constructed, altered or moved shall qualify as a "zoning lot", as defined in section 10-2-2 of this title. (Ord. 97-7-8-8, 7-8-1997)

From the effective date hereof, no building permit shall be granted for the construction or alteration of any building or structure or for the moving of a building or structure onto a lot or for the change of use of any land, building or structure if such construction, alteration, moving or change of use would be a violation of any of the provisions of this development code, nor shall any municipal service or electric utilities be installed to serve the premises if such use would be a violation of this development code. (Ord. 97-7-8-8, 7-8-1997)

Permits issued on the basis of plans and specifications approved by the zoning administrator authorize only the use, arrangement and construction set forth in such approved application. Any use, arrangement or construction at variance with that authorized shall be deemed to be a violation of this development code. (Ord. 97-7-8-8, 7-8-1997)

Authorization granted by the city to construct a building or structure, or to change the use of land, shall not be denied or abridged in the event that construction has taken place thereon to the extent of one thousand dollars ($1,000.00) or more in replaceable value by the date on which this development code or an amendment thereto shall become effective; provided, however, that such authorization to construct a building or structure shall be denied if construction would not have complied with all applicable laws and ordinances existing prior to the effective date hereof, or amendment. Replaceable value shall be construed to mean the expenditure necessary to duplicate the material and labor at market prices. (Ord. 97-7-8-8, 7-8-1997)

No business or similar license shall be issued which would not be in conformance with the provisions of this development code. Any permit so issued shall be null and void. (Ord. 97-7-8-8, 7-8-1997)

It shall be the responsibility of the owner and any and all builders, contractors, subcontractors, real estate agents and any other persons having to do with the establishment of any use of land or the erection, altering or relocation of any building to make sure that a proper permit has been obtained before work is begun. Any person doing any work on a project for which a proper permit has not been obtained shall be deemed guilty of a violation of this development code. (Ord. 97-7-8-8, 7-8-1997)

It shall be unlawful for any person, firm or corporation to install or allow to be installed, any sewer or water service lines, or any gas, telephone or electric utility connection to serve the premises before a building permit has been properly approved and issued by the zoning administrator, and any person who shall install or authorize the installation of any such line or connection shall be in violation of this development code. Each day such violation is continued shall be considered as a separate offense. (Ord. 97-7-8-8, 7-8-1997)

Any person purchasing a lot or parcel or land who may be injured as the consequence of a denial of a building permit, which purchase was made pursuant to inaccurate, incorrect, untrue or fraudulent information on the part of the seller or his agent, may recover damages from the seller or his agent by civil action. However, the city shall not be liable for any damages that may occur as a consequence of the denial of a building permit based upon such information. (Ord. 97-7-8-8, 7-8-1997)

   A.   Procedure: This development code, and the zoning map adopted as a part thereof, may be amended from time to time by the city council, but all proposed amendments must first be submitted to the planning commission for its recommendation. The procedure to be followed in amending the development code and map shall be as set forth below.

      1.   Written Petition Required; City Initiated Amendments Permitted:

         a.   Any person seeking an amendment of the development code or zoning map shall submit to the planning commission a written petition designating the change desired and the reasons therefor, and shall pay a nonrefundable filing fee in an amount established by resolution of the city council.

         b.   Amendments to the development code and map may also be initiated by action of the planning commission or upon request of the city council.

      2.   Planning Commission To Make Recommendation: Upon receipt of the petition, the planning commission shall consider the request and shall submit its recommendations with respect thereto to the city council. (Ord. 97-7-8-8, 7-8-1997)

      3.   Public Hearing Required; Notice Published:

         a.   No amendment to the map or development code may be adopted by the city council unless and until the planning commission shall have conducted a public hearing on the proposed amendment. Reasonable notice of the public hearing shall be given at least ten (10) days before the date of the hearing in accordance with the provisions of Utah Code Annotated section 10-9a-205, as amended.

         b.   No material change in or departure from an amendment recommended by the planning commission following the hearing shall be made unless such proposed change or departure shall have been first resubmitted to the planning commission for its consideration and recommendation with respect thereto. (Ord. 06-7, 4-25-2006, eff. 5-16-2006)

      4.   Amendments Adopted By Ordinance; Public Notice Required: All amendments to the development code and map shall be adopted, published or posted and recorded in accordance with the applicable provisions of Utah Code Annotated section 10-3-701 et seq.

   B.   Intent With Respect To Amendments: All amendments to this development code shall be made in accordance with the comprehensive plan of land use. It is hereby declared to be public policy that this development code shall not be amended unless it can be shown that changed or changing conditions make the proposed amendment reasonably necessary to the promotion of the purposes of this development code. (Ord. 97-7-8-8, 7-8-1997)

Whenever the provisions of this development code conflict with the provisions of any other ordinance, resolution or part thereof, the more stringent shall prevail. (Ord. 97-7-8-8, 7-8-1997)

   A.   Any owner or agent of the owner of any land who shall fail to comply with any of the provisions of this development code or who knowingly makes false statements, representations or certifications in any application or document filed or required to be maintained under this code shall be guilty of a violation of this code.

   B.   Any owner or agent of the owner of any land who transfers or sells land in a subdivision without first preparing and having approved and recorded a final plat thereof in accordance with the provisions of this development code, shall be deemed guilty of a violation for each parcel transferred or sold, and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt such transaction from a violation or from the penalties and remedies provided in this development code.

   C.   Any plat of a subdivision filed or recorded without the approval required by this development code is void. (Ord. 97-7-8-8, 7-8-1997)

   A.   Injunction, Mandamus, Abatement:

      1.   The city council, zoning administrator or any owner of real estate within the city in which a violation of this development code occurs or is about to occur may, in addition to other remedies provided by law, institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove any unlawful building, use or act 1 .

      2.   The city need only to establish the violation to obtain the injunction 2 .

   B.   Civil Penalties: In addition to being subject to injunctive or abatement actions under this development code, any person who shall violate this development code or any regulation, order or permit adopted or issued under this development code is liable for a civil penalty not to exceed one thousand dollars ($1,000.00) per violation per day, to be collected in a civil action 3 .

   C.   Withholding Building Permits: In addition to all other remedies, the city may enforce the provisions of this development code by withholding building, grading, excavation or similar permits, and may also refuse to issue such a permit for a building or development upon a parcel which has not been subdivided in accordance with the provisions of this development code. (Ord. 97-7-8-8, 7-8-1997)

   D.   Criminal Penalties: Violation of this code shall be punishable as a class C misdemeanor and, upon conviction, subject to penalty as provided in section 1-4-1 of this code. (Ord. 97-7-8-8, 7-8-1997; amd. 2003 Code)

   E.   Each Day Separate Violation: Each person, firm or corporation found guilty of violation shall be deemed guilty of a separate offense for every day during which any violation of any provision of this development code is committed, continued or permitted. (Ord. 97-7-8-8, 7-8-1997)