The mayor is authorized as the enforcing officer for this title and shall enforce all provisions, entering actions in court if necessary, and by his failure to do so shall not legalize any violations of such provisions. The city council may, by resolution or ordinance, from time to time entrust administration of this title in whole or in part to another officer of the city without amendment to this title. (Ord., 6-17-1987)

   A.   Required: No person shall erect, construct, reconstruct or alter any building or other structure without having first having applied for and obtained a building permit from the building inspector. Detached accessory buildings having floor space less than one hundred twenty (120) square feet are exempt from this regulation. An application for a building permit shall be on a form provided by the city, and shall be accompanied by the appropriate fee and detailed drawings showing the intended improvements. No building or structure shall be erected nor modified so as to be in violation of this title. In addition to all other requirements necessary to obtain a building permit, the building permit applicant shall provide proof to the building inspector that the parcel of property upon which the building is to be erected has access to a dedicated city street, is within two hundred fifty feet (250') of a fire hydrant and complies with all requirements with respect to the zone in which the parcel of property is located. Violation of this section is punishable as a class B misdemeanor, in addition to any other civil penalties provided by the applicable building related code(s).

   B.   Improvements: In addition, unless the applicant is a subdivider who has a current bond which has not yet been released and is currently being held in escrow for the full cost of subdivision improvements, the building permit applicant shall provide for the improvement of the abutting street according to the specifications and procedures set forth in the subdivision title of this code, in one of the following methods:

      1.   Upon application to the city and upon express written approval by the city, install all necessary improvements as required by and in accordance with the provisions of the subdivision title of this code, upon completion of which the applicant shall deposit cash or post a one year bond approved by the city in the amount of twenty five percent (25%) of the cost of the improvements, to cover possible latent defects, which twenty five percent (25%) amount shall be administered and released as described in section 11-3-5 of the subdivision ordinance of this code; or

      2.   Deposit funds with the city, in an amount to be determined by the city, using the then current cost to construct and install such improvements as would be required under this section. In the event this option is chosen by the building permit applicant, the city shall hold said funds at its discretion until such time as it deems necessary to improve the street, at which time said improvements shall be so used without further liability on the part of the applicant. (Ord. 2007-25, 10-3-2007)

A certificate of occupancy shall be issued by the building inspector to the effect that the use of a building or premises will conform to provisions of this title and related ordinances. A certificate of occupancy will constitute evidence that work covered in a building permit has been completed to the extent that occupancy is in compliance with this title and related ordinances. Occupancy or use of a building without obtaining an occupancy permit shall constitute a violation of this title, which is punishable as a class B misdemeanor and subject to any other civil penalties provided by the applicable building related code(s). (Ord. 2007-25, 10-3-2007)

All departments, officials and public employees of the city who 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. Any permits or licenses so issued shall be null and void. (Ord., 6-17-1987)

   A.   Each application required by this title shall be accompanied by the appropriate fee and shall also include the required maps, plans and drawings related to the permit or use applied for that support the request.

   B.   For each land use application, the city shall:

      1.   Notify the applicant of the date, time, and place of each public hearing and public meeting to consider the application;

      2.   Provide to each applicant a copy of each staff report regarding the applicant or the pending application at least three (3) business days before the public hearing or public meeting; and

      3.   Notify the applicant of any final action on a pending application.

If the city fails to comply with the requirements of subsections B1 and/or B2 of this section, an applicant may waive the failure so that the application may stay on the public hearing or public meeting agenda and be considered as if the requirements had been met. (Ord. 2007-25, 10-3-2007)

The building inspector or any city official shall not grant a permit for the erection, construction, reconstruction or alteration of any building or structure if such building or structure would be in violation of any of the provisions of this title. Any permit that is granted in violation of this title shall be null and void. The issuance of a building permit by the city does not permit the owner to violate restrictive covenants effective as to the property or lot. It will be the responsibility of the owner to adhere to such restrictive covenants and any violation of such covenants can be remedied as indicated in the restrictive covenants. (Ord., 6-17-1987; amd. Ord. 2007-25, 10-3-2007)

Fees may be charged for zone changes, building, occupancy and conditional use permits, design review and planned unit development approval, subdivision plat approval, planning commission and appeal authority (including, but not limited to, the board of adjustment) hearings and such other services as are required by this title to be performed by public officers or agencies. Such fees shall be established by the city council by resolution and shall be in amounts reasonably necessary to defray costs to the public. (Ord. 2007-25, 10-3-2007)

The building inspector is hereby authorized to inspect or cause to be inspected all buildings or structures in the course of erection, construction, reconstruction or alteration and to inspect land uses to determine compliance with the provisions of this zoning title. The building inspector or any authorized employee of the city shall have the right to enter the premises for the purpose of determining compliance with the provisions of this title; provided, that such right of entry shall be exercised only at reasonable hours and that in no case shall entry be made to any occupied building in the absence of the owner or a tenant thereof without written permission of the owner or the written order of a court of competent jurisdiction. The building inspector may order the construction, erection, reconstruction or alteration to cease immediately by issue of a stop order on a form to be approved by the city council. Any person who wilfully continues to construct, reconstruct, erect or alter after having received notice of the stop order, unless authorized by the building inspector, shall, upon conviction, be guilty of a class C misdemeanor, for each day that the person continues to construct, reconstruct, erect or alter on the premises. (Ord., 6-17-1987; amd. 1998 Code; Ord. 2007-25, 10-3-2007)

The city council may amend the general plan and the number, shape, boundaries, or area of any zoning district, any regulation of or within the zoning district, or any other provision of the land use ordinance, including the zoning map, in accordance with the following:

   A.   General Decision-Making Standards. The decision-making standards set forth in this section are based on the fundamental distinction between legislative and administrative proceedings: Legislative proceedings establish public law and policy applicable generally, while administrative proceedings apply such law and policy to factually distinct, individual circumstances.

      1.   Legislative proceedings. The following shall apply to legislative decisions:

         a.   Decisions regarding a legislative application shall be based on the "reasonably debatable" standard, as follows: the decision-making authority shall determine what action, in its judgment, will reasonably promote the public interest, conserve the values of other properties, avoid incompatible development, encourage appropriate use and development, and promote the general welfare. In making such determination, the decision-making authority may consider the following:

         (1)   Testimony and evidence presented at a public hearing or meeting; and

         (2)   Personal knowledge of various conditions and activities bearing on the issue at hand, such as, but not limited to, the location of businesses, schools, roads and traffic conditions; growth in population and housing; the capacity of utilities; the zoning of surrounding property; and the effect that a particular proposal may have on such conditions and activities, the values of other properties, and upon the general orderly development of the City.

         b.   The following types of applications are declared to be legislative proceedings:

         (1)   General plan amendment

         (2)   Zoning map amendment

         (3)   Land use or zoning text amendment

         (4)   Annexation

         (5)   Temporary regulations.

         c.   The decision-making body should state on the record the basis for its decision.

      2.   Administrative proceedings. The following shall apply to administrative decisions:

         a.   Decisions regarding an administrative application shall be based on the "substantial evidence" standard and shall include at least the following elements:

         (1)   A statement of the standards for approval of the application;

         (2)   A summary of evidence presented to the decision-making body or official;

         (3)   A statement of findings of fact or other factors considered, including the basis upon which such facts were determined and specific references to applicable standards set forth in this title or other provisions of this Code; and

         (4)   A statement of approval, approval with conditions, or disapproval, as the case may be.

         b.   The following types of applications are hereby declared to be administrative proceedings:

         (1)   Permitted use review

         (2)   Site plan review

         (3)   Special exception

         (4)   Variance

         (5)   Building permit

         (6)   Nonconformities

         (7)   Sign permit

         (8)   Temporary use permit

         (9)   Routine and uncontested matter

         (10)   Administrative interpretation

         (11)   Appeal of administrative decision

         (12)   Subdivision approval

   B.   Amendment of General Plan. Subject to the procedures set forth herein, the City Council may from time to time amend the general plan in accordance with the following:

      1.   Persons wishing to propose a general plan amendment shall file their proposals and shall pay the fee established by the fee schedule adopted by the City Council. Proposed general plan amendments will be considered by the Planning Commission twice a year, at the February and August meetings. Notwithstanding the foregoing, the City Council or Planning Commission may, at any time by majority vote, authorize preparation and consideration of proposed general plan amendments.

      2.   Persons proposing general plan amendments shall do such survey and analysis work necessary to support the proposed amendment. To ensure that the Planning Commission and City Council have sufficient information to evaluate each proposal, an applicant shall submit the following information:

      3.   For map amendments:

         a.   Eight and one-half inch by 11-inch map showing the area of the proposed amendment;

         b.   Current copy of county assessor's parcel map showing the area of the proposed amendment;

         c.   Mapped inventory of existing land uses within the area of the proposed amendment and extending one-half mile beyond such area;

         d.   Correct property addresses of parcels included within the area of the proposed amendment;

         e.   Written statement specifying the potential use of property within the area of the proposed amendment;

         f.   Written statement explaining why the existing general plan designation for the area is no longer appropriate or feasible;

         g.   Analysis of the potential impacts of the proposed amendment on existing infrastructure and public services such as traffic, streets, intersections, water and sewer, storm drains, electrical power, fire protection, garbage collection, etc.; and

         h.   As part of the general plan map amendment process, the applicant shall attempt to collect the signature of the property owner or authorized agent, or, in the case of amendments affecting multiple properties, the signatures of a majority of the persons who own property within the area proposed for the general plan map amendment.

      4.   For text amendments:

         a.   Written statement showing the desired language change;

         b.   Written statement explaining why existing general plan language is no longer applicable or appropriate;

         c.   Analysis of the potential impacts of the proposed amendment; and

         d.   Map showing affected areas if text changes will affect specific geographic areas.

      5.   Planning Commission Consideration of General Plan Amendment. After receipt of a complete application for an amendment to the General Plan for all or part of the City, the Planning Commission shall schedule and hold a public hearing on the proposed plan as provided in Utah Code Ann. §10-9a-404 and Utah Code Ann. §10-9a-204 at least ten (10) days before the date of the hearing. After the public hearing, the Planning Commission may recommend approval of the general plan amendments as is, recommend approval of the general plan amendment with changes, or recommend denial of the general plan amendment. The Planning Commission shall then forward the proposed general plan amendment to the General Plan to the City Council with the recommendation of the Planning Commission.

      6.   City Council Consideration of General Plan Amendment. The City Council shall schedule and hold a public hearing on the proposed general plan amendment recommended to it by the Planning Commission as provided in Utah Code Ann. §10-9a-404 and Utah Code Ann. §10-9a-204 at least ten (10) days before the date of the hearing. After the public hearing, the City Council may make any modifications to the proposed general plan amendment that it considers appropriate. The City Council may adopt the proposed general plan amendments to the general plan without further amendment, amend the proposed general plan and adopt or reject it as amended, or reject the proposed amendments to the general plan.

      7.   Except as provided in Utah Code Ann. §10-9a-406, the general plan and any amendments thereto shall be considered only as an advisory guide for growth and development of the land within the City of LaVerkin. After the City Council has adopted a general plan, or any amendments thereto, no street, park, or other public way, ground, place, or space, no publicly owned building or structure, and no public utility, whether publicly or privately owned, may be constructed or authorized until and unless it conforms to the general plan as amended.

   C.   Amendment of Zoning Map and Text of Zoning Ordinance. Subject to the procedures set forth herein, the City Council may from time to time amend the text of this title and the zoning map, which may include changes in the number, shape, boundaries, or area of any zoning district, zoning district regulations or any other provision of this title. The provisions set forth herein shall not apply to temporary land use regulations which may be enacted without public hearing in accordance with Utah Code Ann. §10-9a-504. The use of development agreements in connection with a zone change to achieve the purposes of this chapter, as permitted by Utah Code Ann. §10-9a-532(1) is hereby authorized.

      1.   Initiation: Proposed amendments to the text of this title and the zoning map may be initiated by the City Council, Planning Commission, a property owner, or the duly authorized agent for a property owner.

      2.   Procedure: Zoning text and map amendments shall be considered and processed in accordance with the following:

         a.   An application shall be submitted to the Zoning Administrator in a form established by the administrator along with any fee established by the City's schedule of fees. The application shall include at least the following information:

         (1)   The name, address, telephone number and email address of the applicant and the applicant's agent, if any;

         (2)   The name and address of every person or company the applicant represents;

         (3)   The requested amendment and reasons supporting the request;

         (4)   If the proposed amendment requires a change in the zoning map, the application shall include an accurate property map showing present and proposed zoning classifications, all abutting properties with present zoning classifications, and an accurate legal description and approximate address of the area proposed to be rezoned;

         (5)   The names and addresses of all affected entities;

         (6)   The names of property owners within or immediately adjacent to the area to be rezoned who support the application for amending the zone; and

         (7)   If the proposed amendment requires a change in the text of this title, the application shall include chapter and section references and a draft of the proposed text.

         (8)   A "will serve" letter from utility providers, as may be applicable.

         b.   After the application is determined to be complete, the Zoning Administrator shall prepare and submit to the Planning Commission a staff report evaluating the application.

         c.   After receipt of the staff report, the Planning Commission shall hold a public meeting, which shall include a public hearing, on the application for which notice is given as follows:

         (1)   For a public meeting, notice shall be given as a class A notice under Utah Code Ann. § 63G-30-102 for at least 24 hours before the meeting.

         (2)   For a public hearing, notice of the date, time and place of the public hearing shall be: (1) given as a class B notice under Utah Code Ann. § 63G-30-102 for the area directly affected by the proposed amendment for at least ten (10) calendar days before the public hearing, (2) mailed to each affected entity at least 10 days before the public hearing.

         (3)    In addition to the foregoing, the City shall send a courtesy notice to each owner of private real property whose property is located entirely or partially within a proposed zoning map enactment or amendment at least 10 days before the scheduled day of the public hearing. The notice shall: (1) identify with specificity each owner of record of real property that will be affected by the proposed zoning map or map amendments, (2) state the current zone in which the property is located, (3) state the proposed new zone for the real property, (4) provide information regarding or a reference to the proposed regulations, prohibitions, and permitted uses that the property will be subject to if the zoning map or map amendment is adopted, (5) state that the owner of real property may no later than 10 days after the day of the first public hearing file a written objection to the inclusion of the owner's property in the proposed zoning map or map amendment,(6) state the address where the property owner should file the protest, and (7) notify the property owner that each written objection filed with the municipality will be provided to the LaVerkin City Council.

         d.   Following a public hearing, the Planning Commission may make a recommendation to the City Council for approval, approval with modifications, or denial of the proposed zoning map or text amendment.

         e.   Following receipt of a recommendation from the Planning Commission, the City Council shall hold a public meeting on the application as provided in Utah Code Ann. §10-9a-205. The City Council may, but shall not be required to, hold a public hearing on the proposed amendment. If the City Council elects to hold a public hearing on the proposed amendment, it shall follow the notice requirements set forth above for public hearings. At the conclusion of all hearings, The City Council may approve, approve with modifications, or deny the proposed amendment in accordance with the following approval standards:

         (1)   Approval standards. A decision to amend the text of this title or the zoning map is a matter within the legislative discretion of the City Council as described herein. In considering such amendment, the following factors should be considered:

            (A)   Whether the proposed amendment is consistent with goals, objectives and policies of the City's general plan;

            (B)   Whether the proposed amendment is harmonious with the overall character of existing development in the vicinity of the subject property;

            (C)   The extent to which the proposed amendment may adversely affect adjacent property;

            (D)   The adequacy of facilities and services intended to serve the subject property, including, but not limited to, roadways, parks and recreation facilities, police and fire protection, schools, stormwater drainage systems, water supplies, and wastewater and refuse collection;

            (E)   The extent to which any concerns with the proposed amendment can be ameliorated with a development agreement; and

            (F)   Other factors deemed relevant by the City Council

         e.   Appeal of decision. Any party adversely affected by a decision of the City Council to amend the text of this title or the zoning map may, within 30 days after such decision, appeal to the district court subject to the provisions of Utah Code Ann. §10-9a-801.

         f.   Effect of approval. Approval of an application to amend the provisions of this title or the zoning map shall not be deemed an approval of any site plan or other permit. Approval of such permits shall be obtained in accordance with applicable provisions of this title.

         g.   Effect of disapproval. City Council denial of an application to amend the provisions of this title or the zoning map shall preclude the filing of another application covering substantially the same subject or property, or any portion thereof, for one (1) year from the date of the disapproval, except that another application for a change of zone may be made sooner if the Planning Commission determines that a substantial change in circumstances has occurred to merit consideration of the application. Substantial change may include:

         (1)   A significant change in the affected land area,

         (2)   An agreement with the applicant reducing overall density and incorporating significant design changes including reduced building height, increased setbacks, or other changes resulting in reduced impact on adjacent land uses,

         (3)   Changes in the neighborhood including recent zone changes or land use amendments and/or new roads or other infrastructure to serve the area proposed for the change, or

         (4)   The application is for a change to a different zone.

         h.   The City Council or Planning Commission may propose any text or zoning map amendment at any time. (Ord. 2007-25, 10-3-2007; amd. Ord. 2024-13, 5-1-2024)

The city or any owner of real estate within the district in which a building or structure is being erected, constructed, reconstructed, altered or used in violation of this title may, in addition to other remedies provided by law, institute injunctions, mandamus, abatement or other appropriate actions, proceedings or proceedings to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration or maintenance of use. (Ord. 2007-25, 10-3-2007)

Any person violating or causing or permitting the violation of the provisions of this title shall be guilty of a class C misdemeanor, subject to penalty as provided in section 1-4-1 of this code, and such person 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, continues or is permitted by such person. (Ord., 6-17-1987; amd. 1998 Code; Ord. 2007-25, 10-3-2007)