(1) No building (or part of a building) may be erected, moved, or altered, and no lot may be altered, unless the action conforms with the regulations herein specified for the zone in which it is located, except as otherwise provided herein.

(2) No permit for construction or alteration of any building may be issued unless plans, specifications, and intended uses of such building have first been submitted and on file with the Community Development Department and conform in all respects with the provisions of this Development Code.

(3) No land may be divided, unless and until the person proposing the land division, or his authorized agent or representative, has made application in writing to the City and the City determined the proposed land division is in compliance with the requirements and procedures established by this Development Code.

(4) If state or federal law provides some higher or different approval criteria, the applicant must demonstrate compliance with such state or federal law. [Ord. 933 § 2.1, 2019.]

(1) Legality of Preexisting Approvals. Developments, including subdivisions, projects requiring development review or site design review approval, or other development applications for which applications were filed prior to the effective date of the ordinance codified in this Development Code, and which have not legally expired, may occur pursuant to such approvals except that modifications to development approvals must comply with MDC 18.80.290, Modification of Approval. All conditions of preexisting approvals shall apply.

(2) Subsequent Development Applications. All development proposals and applications received by the Community Development Director after the adoption of any applicable land use regulation codified in this Development Code are subject to review for conformance with the standards under this Development Code or as otherwise provided by state or federal law. [Ord. 933 § 2.2, 2019.]

(1) Building Permit. A building permit shall not be issued until a land use approval has been issued in accordance with the provisions of this Development Code, unless the Community Development Director has otherwise found that a land use approval is not required.

(2) Certificate of Occupancy Required. To ensure completion of a development or use in the manner approved, a development must not be occupied and a use must not begin until the Building Official has issued a certificate of occupancy following completion of the work in substantial conformance to the applicable land use and building permits.

(3) Prior to Final Completion. Prior to the final completion of all work, a temporary certificate of occupancy may be issued for a portion of the structure conditioned upon further work being completed by a date certain. [Ord. 933 § 2.3, 2019.]

(1) Administration. It is the duty of the Community Development Director to enforce the provisions of the Development Code.

(2) Building Permits. No building permit shall be issued for any development that does not conform to the requirements of the Development Code or to any property that is currently in violation of the Development Code.

(3) Authority. Whenever necessary to enforce the provisions of this Development Code, the Community Development Director may pursue any remedy provided by law, without prejudice to any other available remedy, including, without limitation, entering into voluntary compliance agreements with the violator.

(4) Violation of this Development Code as a Nuisance. The construction, erection, location, enlargement, or use or change in use of any structure or property in violation of this Development Code of those conditions and limitations approved pursuant to the provisions of this Development Code is deemed a nuisance and may be enjoined, abated, or removed pursuant to the procedures set forth in the City’s nuisance ordinance, Chapter 8.15 MMC.

(5) Code Enforcement and Land Use.

(6) Revocation for False Statement. The Planning Commission may revoke any permit granted pursuant to the provisions of this Development Code if it is determined that the permit was issued on account of false statements contained in the application form or false representations made at a public hearing.

(7) Revocation for Nonconformance. The Planning Commission may revoke any permit granted pursuant to the provisions to this Development Code for failure to comply with those conditions and limitations placed upon the exercise of the permit.

(8) Revocation Hearing. A public hearing held pursuant to the provisions in Chapter 18.80 MDC must be held prior to revocation of a permit.

(9) Who May Request Revocation Hearing. A revocation hearing shall be held by the Planning Commission at the request of the Community Development Director or an interested person who has reasonable cause to believe that the provisions of this Development Code have been violated.

(10) Penalties for Violation.

(1) Purpose Statements. Any purpose statements included in this Development Code are only for context and should not be construed as independent approval criteria requiring findings.

(2) Most Restrictive Regulations Apply. Where the provisions of this Development Code conflict with comparable standards described in any other ordinance, resolution, or regulation, the most restrictive regulations shall govern.

(3) As used in this Development Code, the singular includes the plural and the masculine includes the feminine and neuter; the word “may” is discretionary, the words “shall,” “must,” and “will” are mandatory. [Ord. 933 § 2.9, 2019.]