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Farr West City Zoning Code

CHAPTER 17

12 ADMINISTRATION AND ENFORCEMENT

17.12.010: CHANGES AND AMENDMENTS:

   A.   This zoning ordinance, including the official zoning map, may be amended from time to time by the city council after holding a public hearing. Notice shall be posted in the city at least fifteen (15) days prior to the time and place of such hearing. All proposed amendments shall be posted with the required notice. All proposed amendments shall be first proposed by the planning commission or shall be submitted to the planning commission for its recommendation which shall be returned to the city council for its consideration within thirty (30) days. Failure by the planning commission to take action on the proposed amendment within the prescribed time shall be deemed approval by the commission of the proposed change or amendment. The city council may overrule the planning commission's recommendation by a majority vote of its members.
   B.   A property owner or owners may request a zoning change by completing and submitting to the city recorder, along with the required fee, an application for rezoning real property. A complete legal description of the property proposed to be rezoned and a list of all adjacent property owners within three hundred feet (300') of the property proposed for rezone and their addresses, must be included in the application. The city will notify these property owners of the proposed rezone.
   C.   In the case where a single, undivided parcel of property overlaps the municipal boundary between Farr West City and an adjoining county or municipality and the ongoing use of the entire property existed before the adoption of this amendment, a property owner or owners may request a zoning change for that portion of the property which is within the Farr West City to a zone which is identical to, or most similar to, the municipal or county zone governing that portion of the property within the adjacent county or municipality. Such a zoning change request may be granted without condition if:
      1.   The entire property is owned by the same owner or owners;
      2.   The use of the property was established before the date of this amendment and was ongoing up to the time of the zoning change request,
      3.   The use of the property is not being changed; and
      4.   The use of property is in compliance with the zoning regulations of the neighboring county or municipality governing the portion of the property outside of the Farr West City boundary. (Ord. 2014-02; Ord. 22-12)

17.12.020: ADMINISTRATION AND ENFORCEMENT AUTHORITY:

   A.   The chief building official of the city is charged with the administration and enforcement of the provisions of this zoning ordinance.
   B.   The chief building official shall not grant a permit for the construction or alteration of any building or structure, nor issue any certificate of occupancy for a change in the use of land, if such construction or alteration or change would be in violation or would involve a violation of any of the provisions of this zoning ordinance or any other ordinance of the city or of any law of the state of Utah.
   C.   The chief building official shall enforce all of the provisions of this zoning ordinance. He or she shall inspect or cause to be inspected all of the buildings in course of construction, alteration or repair, and any change in the use of land. If, in the course of such inspection, or otherwise, it shall come to his/her attention that any such construction, alteration or repair, or that any use or contemplated use of land is in violation of the provisions of this zoning ordinance, he or she shall issue his or her written order to the person to cease and desist such construction, alteration, repair or use. He or she shall report violation of this zoning ordinance to the city's legal department for prosecution and make complaint thereof before the court or courts having jurisdiction of such violation. Upon the recommendation of the city council, the legal department shall bring a civil action for the abatement of any nuisance existing in violation of this zoning ordinance.
   D.   The chief building official may call for the assistance of law enforcement personnel whenever in his or her opinion such assistance is necessary in the investigation of a suspected violation of this zoning ordinance.
   E.   The building inspector may establish reasonable rules and regulations necessary or desirable in the administration of this zoning ordinance. Three (3) copies of such rules and regulations shall be filed with the city recorder and such rules and regulations shall become effective when so filed.
   F.   The city council may, by resolution, prescribe an exact payment of reasonable fees to cover the expense of examining plans, issuing building permits, inspecting uses, and issuing certificates of occupancy, and may determine the method of collecting such fees.
   G.   All applications, including applications for rezoning, conditional uses, and site plans filed with the City Recorder shall be accompanied by payment of the fee for each application as established by the City Council and codified in title 3, chapter 3.30, "Fee Schedule", of this Code. (Ord. 2014-07: Ord. 93-003 § 1-5)

17.12.030: BUILDING PERMIT REQUIRED:

The construction, alteration, repair, removal or occupancy of any structure or of 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, provided, that no permit shall be necessary where the erection, construction, reconstruction or alteration is minor in character as defined herein, or as determined by the chief building official. Base residential valuation fees are listed in the fee schedule in title 3, chapter 3.30 of this Code. (Res. 2019-01: Ord. 93-003 § 1-6)

17.12.040: 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 structure or the proposed use thereof, or the use of land, complies with the provisions of this title. A like certificate shall be issued for the purpose of maintaining, renewing, changing or extending a nonconforming use. A certificate of occupancy, either for the whole or a part of a building or structure shall be applied for coincidentally 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 a part thereof, shall have been completed in conformity with the provisions of this title. (Ord. 93-003 § 1-7)

17.12.050: ISSUANCE OF LICENSES AND PERMITS:

All departments, officials and public employees of the City, 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 such 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 issued in conflict with the provisions of this title, shall be null and void. (Ord. 93-003 § 1-8)

17.12.060: TERRITORY ANNEXED TO CITY:

At the time of annexation of new territory to the City, the City Council, after reviewing the recommendation of the Planning Commission, shall classify such territory for zoning purposes according to the zones established by this title. (Ord. 93-003 § 1-11)

17.12.070: SITE PLAN REVIEW:

   A.   Approval By Planning Commission: Prior to the issuance of any building permit, approval of a site plan by the Planning Commission is required. In considering any site plan, the Planning Commission may impose reasonable requirements to assure, among other things, the safety and convenience of traffic movement both within the area covered and in relation to access streets, harmonious relation among the buildings and adjacent neighborhoods, and the preservation of future road locations.
   B.   Requirements:
      1.   Site plan review shall be required for the following:
         a.   All proposed new development except single-family detached;
         b.   All plans for earth sheltered dwellings;
         c.   All additions or alterations to nonconforming structures;
         d.   Issuance of a conditional use permit for new construction;
         e.   New signs;
         f.   Modified site plan review shall be required for any change of use in an existing structure or site or addition, except single- family detached.
      2.   In furthering the above objectives, the Planning Commission shall review and may require certain improvements or design changes to be implemented by the developer as part of his or her construction. The following information must be submitted for a site plan review:
         a.   A site plan on nineteen inch by twenty four inch (19" x 24") or smaller, paper. Paper size may be increased if the entire development cannot be shown on one sheet.
         b.   Plan must be drawn accurately to an engineering scale. One inch equals ten feet (1" = 10'), one inch equals twenty feet (1" = 20'), one inch equals thirty feet (1" = 30') are acceptable scales.
         c.   One copy of a current County ownership plat showing the property.
         d.   Lot dimensions and orientation: north arrow, etc.
         e.   Existing and proposed buildings with their dimensions, and the locations of all openings in exterior walls.
         f.   Height of all buildings and other proposed or existing structures; type and slope of roof construction.
         g.   Proposed use of buildings.
         h.   All off street parking, locations and size of points of entry and exits, loading facilities, internal traffic circulation patterns, location of handicapped parking and handicapped access to building(s).
         i.   Height of all existing and proposed walls and fences and type of construction.
         j.   Location and type of landscaping. (See sections 17.44.130 through 17.44.150 of this title.)
         k.   All existing easements (dedicated and prescriptive), irrigation ditches, alleys and street rights-of-way. Location and height of any overhead power and communication and transmission lines, and all utility easements which may affect the property.
         l.   All existing and proposed improvements must be clearly shown on the plan. Improvements include: curb and gutter, sidewalks, sanitary and storm sewer lines, fire hydrants and driveway approaches. Grades must be shown for curb and gutter, sidewalks, sanitary and storm sewer lines.
         m.   Location, type and size of proposed and existing signs.
         n.   Location, type, height and uses of proposed and existing light poles.
         o.   A method for controlling storm drainage so that storm runoff will not enter adjoining property must be shown. (See Public Work Standards and Technical Specifications of Weber County.)
   C.   The building inspector shall ensure that development is in compliance with the site plan and all other requirements imposed by the Planning Commission. After approval of the site plan by the Planning Commission, no alterations shall be made without first obtaining approval from the Planning Commission.
   D.   The developer shall install all improvements and requirements of the Planning Commission prior to the issuance of an occupancy permit, or, if uncompleted, shall file with the City a bond or cash escrow or letter of credit in an amount estimated by the City Engineer to complete the required improvements within a stipulated time period. (Ord. 93-003 § 1-12)

17.12.080: VIOLATION A NUISANCE:

Any structure made or existing and any use of land in violation of any provisions of this title is a public nuisance and may be abated by appropriate proceedings. (Ord. 93-003 § 1-9)

17.12.090: VIOLATION A MISDEMEANOR:

Any person, firm or corporation whether as principal, agent, employee or otherwise, violating or causing or permitting the violation any of the provisions of this title shall be guilty of a Class C misdemeanor. Such person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during which any portion of any violation of this title is committed, maintained, continued, or permitted by such person, firm or corporation, and shall be punishable as herein provided. (Ord. 97-10 § 1: Ord. 93-003 § 1-10)