A.   Application.

   1.   Any person may request an amendment of the text of this land development code by filing a written application with the development services department.

   2.   An owner of real property within the town, or that owner's authorized representative, may apply for a rezoning of that property by filing a written application with the development services department.

B.   Rezoning. The town has three broad rezoning categories:

   1.   Translational or non-site analysis rezoning: A simplified rezoning with flexible application requirements for any rezoning that does not require a site analysis as described in subparagraph 2 below.

   2.   Site analysis rezoning: A rezoning used in all of the following circumstances:

      a.   When property is to be developed for more than one non-residential use or on multiple lots.

      b.   When property is to be developed with more than three lots for single- family residential use.

      c.   When property is to be developed for multi-family residential use.

   3.   Specific plan: A specific plan, as defined in section 17-1-6(A), contains unique development and design standards specific to a rezoning site on a parcel of five acres or more, with either single-or multi-phased development. See section 17-4-15 for further requirements regarding specific plans.

C.   Citizen review process. After submission of an application for a rezoning to the town and before the planning commission holds a public hearing on the matter, the applicant and the town shall comply with the citizen review process set forth in this paragraph.

   1.   The applicant shall mail written notice of the application to all owners of property located within 300 feet of the subject property and to any other persons reasonably determined by the planning manager to be potentially affected citizens. All distances shall be measured from the property lines of the subject property.

      a.   The written notice shall provide a general explanation of the substance of the proposed rezoning, and shall provide notice of the date, time, and location of a neighborhood meeting to discuss the application.

      b.   The applicant shall mail the written notice by first class mail at least 15 days prior to the neighborhood meeting.

   2.   The applicant shall hold the neighborhood meeting, noticed as provided in subparagraph 1, a minimum of 15 days prior to the planning commission public hearing.

   3.   Following the neighborhood meeting, the applicant shall submit to the planning manager a meeting summary that includes:

      a.   Copies of the written notice required by subparagraph 1 and of the mailing list for the notice.

      b.   A list of the people in attendance at the meeting.

      c.   A description of the issues that were raised and a summary of the discussion.

   4.   The town shall post a sign on the subject property at least 15 days prior to the planning commission public hearing. The town will ensure that the sign complies with design standards specified by the town and is placed in a conspicuous location. The town will incorporate the costs associated with the sign posting into the town’s fees for rezoning applications, as set forth in the comprehensive fee schedule approved by the council and amended from time to time.

   5.   The planning manager may authorize an alternative citizen review process for translational, non-site analysis rezoning applications, and other similar rezoning applications deemed appropriate for the alternative process by the planning manager, as long as the alternative process meets the requirements of A.R.S. § 9-462.03.

D.   Procedures.

   1.   Before any application for a text amendment or rezoning is accepted by the development services department, the applicant shall submit an application for a pre-application meeting. The purpose of the pre-application meeting is to discuss, in general, the procedures and requirements for an amendment request pursuant to this section.

   2.   All applications shall follow the requirements defined in the town's applications, checklists, and process guides on file with the development services department. The planning manager may waive the requirement to provide any information required by an application, checklist, or process guide by making a written finding specifying the reasons the information is not needed for a thorough review of the proposed amendment or rezoning. The waiver shall be included in the materials submitted to the planning commission and the council.

   3.   The planning commission shall hold a public hearing on the application and shall recommend to the town council approval, approval with conditions, or denial of the rezoning or text change. Prior to the public hearing, public notice shall be given in the manner provided in A.R.S. § 9-462.04 (A).

   4.   After the public hearing before the planning commission, the planning manager shall schedule the application for hearing before the town council.

   5.   The town council shall hold a public hearing on the application and shall approve, approve with conditions, or deny the rezoning or text change. Prior to the public hearing, public notice shall be given in the manner provided in A.R.S. § 9-462.04(A).

   6.   When a rezoning application is accompanied by an application for a conditional use permit applications may be processed and reviewed concurrently.

   7.   If the proposed rezoning is inconsistent with the land use designation in the general plan, an application for an amendment to the general plan shall be submitted by the applicant in accordance with the requirements of the general plan. Amendments to both the official zoning map and the general plan may be considered concurrently.

E.   Approval criteria. The planning commission and town council shall consider the following, at a minimum, in reviewing an application for a rezoning:

   1.   Any change of character in the area due to installation of public facilities, other zone changes, new growth trends, deterioration, and development;

   2.   The degree to which the proposed zoning will benefit the community; whether there will be benefits derived by the community, or area, by granting the proposed rezoning;

   3.   Whether the proposed rezoning is compatible with the surrounding area or whether there will be adverse impacts on the capacity or safety of the portion of street network influenced by the rezoning, parking problems, or environmental impacts that the new use will generate such an excessive storm runoff, water, air, or noise pollution, excessive nighttime lighting, or other nuisances;

   4.   Whether the proposal conforms with and is in furtherance of the implementation of the goals and policies of the general plan, other adopted plans, and the goals, objectives and policies of this land development code, and other town regulations and guidelines, including goals and policies relating to economic development;

   5.   The zoning districts and existing land uses of the surrounding properties;

   6.   Whether the existing and proposed transportation infrastructure is suitable and adequate to serve the traffic anticipated to be generated by the proposed development.

   7.   Whether the existing and proposed utility infrastructure, public facilities, and public services are suitable and adequate to serve the proposed rezoning area;

   8.   Whether the subject property is suitable for the uses to which it has been restricted under the existing zoning classification;

   9.   Whether the rezoning is compatible with the adjacent neighborhood, especially residential neighborhood stability and character;

   10.   If applicable, the length of time the subject property has remained vacant as zoned; and,

   11.   Whether there is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs.

F.   Review time frames. The town shall review all zoning applications pursuant to the following time frames.

   1.   The town shall determine whether a zoning application is administratively complete within 30 days after receiving the application.

   2.   If the town determines that a zoning application is not administratively complete, the town will provide the applicant with a written notice that includes a comprehensive list of the specific deficiencies. Upon issuance of the written notice, the administrative completeness review time frame and overall time frame contained in this section are suspended until the town receives the resubmitted application.

   3.   The town shall determine whether a resubmitted application is administratively complete within 15 days after receiving the resubmitted application. If the town determines that a resubmitted application is not administratively complete, the process set forth in subparagraph F.2 above shall repeat until the application is administratively complete.

   4.   After determining that a zoning application is administratively complete, the town council shall approve or deny the application within 180 days. The town may extend the time frame to approve or deny a zoning application beyond 180 days for either of the following reasons:

      a.   Town staff may grant a one-time extension of not more than 30 days for extenuating circumstances; or

      b.   Town staff may grant extensions in 30-day increments at the request of the applicant.

   5.   This section does not apply to zoning applications for any of the following:

      a.   Land that is designated as a district of historical significance pursuant to A.R.S. § 9-462.01(a).

      b.   An area that is designated as historic on the national register of historic places.

      c.   Land that is already zoned as a specific plan.

A.   Purpose. The town recognizes certain uses which may be appropriate in a specific zoning district, but which may have characteristics that, depending upon the location, design, and standards of operation, may have a greater impact than permitted uses on nearby properties, businesses, or residences. Such uses require more comprehensive review, including the ability of the town to establish specific conditions for the project to mitigate any potential impacts. The planning commission can evaluate only conditional uses listed, and is empowered to grant, grant with conditions, or deny any application for a use permit. The planning commission’s review is subject to findings and the application meeting requirements of this section. The burden of proof shall be the responsibility of the applicant.

B.   Application. Applications shall be filed with the planning manager on an application form with the required documentation specified on guidelines provided by the planning manager with appropriate fees. The application, at a minimum, shall include the following:

   1.   Name and address of the applicant. If the applicant is not the owner of the property, the name and address of the owner shall be supplied along with authorization that the applicant is the agent of the owner and may apply for the use permit. Proof of ownership must be submitted with the application.

   2.   A statement describing the proposed use, and any pertinent data required to evaluate the use, including but not limited to: hours of operation, numbers of employees and shifts, processes and materials involved in the use, and types and volume of traffic generated by the use.

   3.   A site plan including dimensions showing the type and location of buildings, structures, floor plans, parking, landscaping, circulation and other relevant site information.

   4.   Any additional information required by the planning manager.

C.   Public hearing. The planning commission shall hold a public hearing on the application. Prior to the public hearing, notice shall be sent to all owners of property located within 300 feet of the property subject to the request and shall be given in the manner provided in A.R.S. § 9-462.04 (A).

D.   Findings. A conditional use permit may be granted only after a determination by the planning commission that the proposed use:

   1.   Will not adversely affect the orderly development and improvement of surrounding property for uses permitted within the zoning district;

   2.   Will not be injurious to the use and enjoyment of the property in the immediate vicinity for the purposes already permitted, nor substantially diminish or impair the property values within the neighborhood;

   3.   Will not adversely affect the tax base and other substantial revenue sources within the town;

   4.   Conforms to the character of the neighborhood, within the same zoning district, in which it is located, giving consideration to the location, type, and height of the buildings or structures and the type and extent of landscaping and screening on the site;

   5.   Is on a proposed site adequate in size and shape to accommodate the intended use and all requirements for the zone district will be met, including but not limited to, the setbacks, walls, landscaping and bufferyards;

   6.   Will have ingress and egress designed to minimize traffic hazards and to minimize traffic congestion on the public roads;

   7.   Is consistent with the general plan and other adopted town plans;

   8.   Shall not be noxious or offensive by reason of vibration, noise, odor, dust, smoke, or gas;

   9.   Will have adequate utilities, access roads, drainage, fire protection, and other necessary facilities; and

   10.   Benefits the public interest and welfare to an extent sufficient to outweigh the individual interests adversely affected by the establishment of the proposed use.

E.   Action by the planning commission. The planning commission may grant, grant with conditions, or deny the application. If the application is denied, the planning commission shall make factual findings on the public record with the reasons for the denial. The planning commission may place any conditions which are deemed necessary to mitigate potential impacts and insure compatibility of the use with surrounding development and the town as a whole. These conditions may include, but are not limited to:

   1.   Requirements for setbacks, open spaces, buffers, fences or walls to mitigate conflicts from visual, noise, lighting and similar impacts associated with the use;

   2.   Dedication and/or paving of street or other public rights-of-ways, and control in location of access points and on-site circulation to mitigate traffic impacts from increased volumes or nature of traffic activity associated with the use;

   3.   Regulations pertaining to hours of operation, methods of operation, and phasing of the development of the site to mitigate impacts to surrounding properties and the neighborhood;

   4.   Time limits on the duration of the permit to determine if the use, after a temporary period of operation, is materially detrimental or to evaluate whether changed conditions in the neighborhood effect the capability of the use to continue to adequately mitigate impacts to the surrounding area or the town as a whole.

F.   Effective date of the conditional use permit. The decision of the planning commission shall be final and effective 15 days from the date of decision unless an appeal is filed as provided below.

G.   Appeal procedure.

   1.   The action of the planning commission may be appealed to the council by the applicant, any member of the council, the town manager or any property owner within 300 feet of the property subject to the request. Such requests for appeal must be filed on an application form provided by the planning manager, with the appropriate fee, within the 15 days following the date of the planning commission action.

   2.   Consideration of the appeal shall be made at a public hearing.

   3.   Notice of the hearing shall be placed in the newspaper of general circulation in the area designated by the council for legal public notice at least 15 days prior to the hearing.

   4.   The council shall act to affirm, or reverse, in whole or in part, or modify the planning commission’s decision including adding to or deleting the conditions attached to the approval by the planning commission. Any action to grant a conditional use permit, either by affirmation, modification, or reversal of the planning commission’s decision, must include the required findings for use permits as provided in this section.

H.   Modification of conditional use permits. A request to modify, expand, or otherwise change an approved conditional use permit, not in substantial conformance with the approved permit, shall be processed according to the provisions of this section as a new application.

I.   Exercise and use. A permit automatically expires if the use is not established within six months of its grant or within the time otherwise specified in the permit, whichever is greater. For a use requiring a building permit, the use is established when a building permit is issued or a development plan is approved for the use. If the use does not require a building permit, the use is established when the planning manager finds clear and visible evidence of the use’s establishment.

J.   Extension of initial period for use. Upon a showing of good cause, the planning manager may extend the period for initially exercising the permit for a maximum of one additional year.

K.   Expiration upon discontinuance. If a use established under a conditional use permit is discontinued for any reason for a period of six months, the permit becomes void and the use may not be resumed. Upon applications during the six month period by the owner and upon showing of good cause, the planning manager may grant another extension not to exceed a total of six additional months.

L.   Revocation. Failure to comply with the conditions, stipulations or terms of the approval of a conditional use permit is a violation of this code. Repeated offenses shall be cause for revocation of the permit.

M.   Grounds for revocation. The planning commission may revoke a permit on any of the following grounds:

   1.   Violation of a zoning regulation of the town.

   2.   Violation of a term, limitation or condition of the conditional use permit.

   3.   Causing or allowing a nuisance in connection with the premises.

   4.   Conviction of a violation of federal or state law or town ordinance in connection with the operation of the permitted use.

N.   Termination upon change of use. A conditional permit for an established use terminates upon the establishment of a new use.

O.   Status of the conditional use permit. A use permit granted pursuant to the provisions of this section shall run with the land and continue to be valid regardless of ownership of the property or structure so long as it operates within the conditions, stipulations, and terms of the permit.

P.   Conditional uses upon annexation

   1.   Purpose. The uses and densities permitted under county zoning and in county zoning districts do not directly correlate to the uses and densities permitted in the most closely comparable town of Marana zoning classifications. Upon annexation, this paragraph P is intended to authorize the council to conditionally permit uses and densities permitted by the county immediately before annexation upon translation of county zoning to the most closely comparable town of Marana zoning classification.

   2.   Applicability. The special procedures and authority set forth in this paragraph P apply only to the translation of county zoning to town of Marana zoning upon annexation of property.

   3.   Procedure. Except as specifically set forth below, paragraphs A (purpose) through G (appeal procedure) and I (exercise and use) through K (expiration upon discontinuance) of this section 17-3-2 shall not apply to conditional uses authorized upon annexation pursuant to this paragraph P. Conditional uses granted upon annexation shall be included in the ordinance adopted by council translating county zoning upon annexation.

   4.   Findings. In determining whether to grant conditional uses upon annexation pursuant to this paragraph P, the council shall consider the factors set forth in paragraph D (findings) of this section.

   5.   Conditions. Conditional uses permitted by the council upon annexation may include conditions the council deems necessary to mitigate potential impacts and insure compatibility of the use with surrounding development and the town as a whole, including without limitation those conditions set forth in paragraph E of this section.

   6.   Effect. Paragraphs H (modification of conditional use permits), L (revocation), M (grounds for revocation), and O (status of the conditional use permit) shall apply to conditional uses permitted by the council upon annexation pursuant to this paragraph P.

A.   Purpose. The temporary use permit is for the following uses and is allowed only in the zoning districts indicated:

   1.   A real estate sales office in any zoning district, except where it is a permitted use as set forth in section 17-4-19 table 1.

   2.   A single-family dwelling in a temporary structure in any zoning district.

   3.   A donation bin located in a neighborhood commercial, village commercial, light industrial, or heavy industry zoning district.

   4.   Temporary retail located in an agricultural, multi-family residential, resort and recreation, neighborhood commercial, village commercial, light industrial, or heavy industry zoning district.

B.   Application procedures.

   1.   A temporary use permit application shall include a description of the use and a site plan.

   2.   The planning manager shall determine whether the application is complete.

   3.   If the application is incomplete, the application shall be returned to the applicant with an explanation of the reasons it is incomplete.

   4.   If the application is complete, the planning manager shall approve, approve with conditions, or deny the temporary use permit.

C.   Approval criteria.

   1.   Findings. The planning manager shall not approve or modify an application for a temporary use permit unless the use meets the findings set forth in paragraph 17-3-2 D above.

   2.   Owner permission. The applicant must provide written authorization from the owner of the land where the use is to be located.

      a.   When the use is to be located on public right-of-way, the applicant must provide written authorization from the town.

      b.   When the use is in a commercial center, the applicant must provide written authorization of one of the following:

         i.   The anchor tenant of the commercial center.

         ii.   The association of commercial owners.

         iii.   The management company responsible for managing the commercial center.

   3.   Traffic and adverse effects. The use shall be located and operated to minimize adverse effects on surrounding properties, particularly traffic generated by the use and traffic circulation in the area.

   4.   Parking and access.

      a.   Adequate off-street parking, in accordance with this code, shall be provided to serve the use.

      b.   The use shall not displace the required off-street parking spaces or loading areas of the principal permitted uses on the site.

      c.   The entrance and exit drives shall be designed to prevent traffic hazards and nuisances.

   5.   Property line setbacks. Structures and merchandise displays shall comply with the yard and property line setback requirements of the zoning district where the use is located.

   6.   Sight visibility triangle. Structures and merchandise displays shall not interfere with the sight visibility triangle of the intersection.

   7.   General site maintenance.

      a.   During the temporary use, the site shall be maintained in a clean and orderly condition, free of refuse and other debris.

      b.   After the temporary use, the site shall be cleaned and restored to a condition acceptable to the property owner.

D.   Additional approval criteria for specific uses. The planning manager shall not approve or modify an application for a temporary use permit for the following unless the use meets the following additional criteria:

   1.   Temporary retail.

      a.   Automobile, boat, or RV sales.

         i.   Shall not exceed 14 days.

         ii.   Shall be located on a paved, gravel, or other dust-stabilized surface.

      b.   Seasonal sale of products.

         i.   Shall not exceed four consecutive months per calendar year.

         ii.   The building or display booth must be portable and completely removed at the end of the permit period.

      c.   Temporary outdoor merchant(s). Does not include “mobile food vendors” as defined in section 9-13-2(C). Mobile food vendors are regulated by chapter 9-13.

         i.   Limited to the sale of food, beverages, or merchandise from a stand, motor vehicle, or person.

         ii.   Shall not exceed four consecutive months.

   2.   Real estate development and construction-related temporary uses.

      a.   General criteria.

         i.   Zoning clearance and building permit authorization for construction shall be obtained prior to issuance of the temporary use permit, unless otherwise specified below.

         ii.   The temporary building, travel trailer, or manufactured home shall be located on the lot or parcel on which construction is occurring and shall be occupied and used only by the property owner or authorized representative.

         iii.   Shall be removed from the property within 14 days after completion of the construction work, or within 14 days after the expiration of the authorized building permit for the construction work, whichever comes first.

         iv.   If an accessory building has been used for temporary residential use during construction, the building shall be returned to its accessory use state and any kitchen facilities placed in the building shall be removed within ten days after the expiration of the authorized building permit for the construction work, whichever comes first.

      b.   Real estate sales office. One temporary structure such as a trailer or manufactured home may be used as a real estate sales office in any new construction project for the sale of units within that project only, subject to the following:

         i.   The permit shall be valid until all units for the project are sold.

         ii.   An all-weather emergency access road approved by the fire department and the town engineer shall be provided to the site.

         iii.   An off-street parking area shall be provided.

      c.   Single family dwelling in temporary structure. During the active construction period (after a building or grading permit has been issued) of a construction project involving a non-residential use or a residential development, one manufactured home, trailer, or recreational vehicle may be allowed on the same property to be used as a temporary residence or for a night watchman for a period not to exceed 12 months or the active construction period, whichever is less. The temporary home shall be removed from the site within 14 days of the approved final building permit inspection or the final certificate of occupancy.

   3.   Donation bins.

      a.   Permitted only as an accessory use, on the same lot or in the same commercial center as an existing permitted use.

      b.   The permit shall be valid for a period of one year.

      c.   Must be constructed of painted metal, rubber, wood, or plastic.

      d.   Shall be maintained in a safe condition and free of graffiti.

      e.   The area immediately surrounding the donation bin must be maintained so as to be free of trash or debris. Items may not be placed or left outside of the donation bin.

      f.   Each donation bin shall be no more than six cubic yards in capacity and must have a locking lid or a latch.

      g.   No more than two donation bins shall be permitted on any one property, except that only two donation bins shall be permitted in a commercial center, even if it consists of multiple properties.

      h.   One 12-cubic-yard donation bin may be used in lieu of two six-cubic-yard donation bins.

      i.   The planning manager may approve more than two donation bins on properties that are greater than ten acres in size if the additional donation bins are located on a different street frontage and spaced a minimum of 500 feet from any other donation bin.

      j.   Each donation bin shall be clearly marked as follows:

         i.   To identify the specific items and materials requested to be left for donations.

         ii.   To identify the name, telephone number and email address of the owner or operator of the donation bin that may be used for contact at any time.

         iii.   The temporary use permit number associated with the donation bin shall be clearly located on the donation bin.

         iv.   A notice shall also be on the donation bin that items shall not be left outside of the donation bin and that no hazardous materials may be placed inside the donation bin.

         v.   To identify the name of the non-profit entity that shares the donated item profits.

      k.   The property owner or authorized agent may rescind authorization for the donation bin at any time and the permit shall be revoked.

E.   Appeal. Upon receiving notification of the approval or denial of a temporary use permit, the applicant or any party aggrieved by the decision may file an appeal to the board of adjustment.

A.   Purpose. The purpose of this section is to accomplish the following:

   1.   Provide an expedited administrative review process for non-residential and multi-family developments.

   2.   Promote the development of non-residential and multi-family sites that are functional, safe, attractive, and compatible with surrounding uses.

   3.   Encourage high-quality development that reflects the goals and policies of the general plan.

   4.   Ensure compliance with local, state, and federal regulations, as well as development agreements, specific plans, and other relevant documents.

   5.   Incorporate necessary infrastructure improvements into plans for development.

B.   Applicability. This section applies to all non-residential, mixed-use, and multi-family developments with a total of five or more dwelling units. Development plan approval must precede the issuance of any building permit related to these types of development.

C.   Pre-application meeting. To aid in the preparation of a complete development plan application, a pre-application meeting shall be held not more than two years prior to the date of submitting the full development plan application. The applicant shall submit the following with the request for a pre-application meeting:

   1.   Submittal fee, per the town’s fee schedule.

   2.   Conceptual development plan that includes the size, height, and location of all proposed structures, existing and proposed points of access, location of drive aisles, and location and number of parking spaces.

   3.   Location map.

   4.   Project narrative that includes project name, location, site area, zoning, and background.

D.   Application submittal.

   1.   All applications shall follow the requirements defined in the development plan checklist on file with the development services department. The development plan checklist is an administrative document that is amended from time to time by the planning manager.

   2.   At a minimum, the following items shall be submitted with the application, unless waived in writing by the planning manager.

      a.   Completed project application, with submittal fee per the town’s fees schedule.

      b.   Owner authorization letter, if applicable.

      c.   One complete plan set that includes a site plan, landscape plan, building elevations, and a plan for all proposed improvements.

      d.   Supporting reports for drainage, soils, traffic, and title, as applicable.

      e.   Any other submittal requirements identified at the pre-application meeting.

      f.   Any additional information requested based on the complexity and impact of the proposed project.

E.   Approval.

   1.   After a complete application has been submitted, the documents shall be routed to the appropriate town departments and outside agencies for review and comment. The applicant is responsible for addressing all comments.

   2.   The plan shall be reviewed for compliance with local, state, and federal regulations, as well as for compliance with specific plans, development agreements, and other relevant documents.

   3.   Once all comments have been resolved, the development plan shall be considered administratively approved. An electronic copy of the plan set with an approval stamp shall be forwarded to the applicant.

F.   Appeal. An applicant may appeal a final action by the planning manager to the board of adjustment pursuant to subsection 17-2-2(C)(2).

G.   Expiration. If a building permit has not been issued within two years from the date of approval of the development plan, the plan shall be considered expired and null and void. An administration extension of up to one year may be granted by the planning manager upon request and with good cause shown.

A.   Purpose. The purpose of this section is to provide an expedited administrative review process for developments that require a site plan or a design review plan.

B.   Administrative review and approval. Except as otherwise expressly provided in this code, the planning manager shall have the authority to approve, conditionally approve, or deny an application seeking the approval of a site plan, a design review plan, or an amendment to a site plan or design review plan.

C.   Applicability. A site plan or design review plan application must be submitted whenever required by title 17.

D.   Application. All applications shall follow the requirements defined in the applicable checklist on file with the development services department, if any. The checklist is an administrative document that is amended from time to time by the planning manager.

E.   Approval.

   1.   After a complete application has been submitted, the documents shall be routed to the appropriate town departments and outside agencies for review and comment. The applicant is responsible for addressing all comments.

   2.   The plan shall be reviewed for compliance with local, state, and federal regulations, as well as for compliance with specific plans, development agreements, and other relevant documents.

   3.   Once all comments have been resolved, the site plan, design review plan, or amendment shall be considered administratively approved. An electronic copy of the plan set with an approval stamp shall be forwarded by the applicant.

F.   Appeal. An applicant may appeal a final action by the planning manager to the board of adjustment pursuant to subsection 17-2-2(C)(2).

G.   Expiration. If a building permit has not been issued within two years from the date of approval of a site plan or design review plan, the plan shall be considered expired and null and void. An administrative extension of up to one year may be granted by the planning manager upon request and with good cause shown.

Permits shall not be granted for the construction or substantial modification of any building or structure or for the moving of a building or structure onto a lot or for the change in use of any land, building, or structure if such construction, moving, modification, or change in use would be a violation of any of the provisions of this code, nor shall any sewer or water service line or electric or gas utilities be installed to service the premises if such use would be a violation of this code. Any license or permit issued by any official or employee of the town which would not be in conformance with the provisions of this code shall be null and void. Any use, arrangement, or construction that is not in conformance with plans, specifications, or other documents approved under the terms of this code shall be deemed a violation of this code.

A.   Except as otherwise provided in this title, any violation of this title is a civil infraction, and may be enforced in any manner provided by town ordinances and state laws.

B.   Each day any violation continues shall constitute a separate offense.

It shall be the responsibility of the owner of the land and any and all builders, contractors, sub-contractors, real estate agents, and any other person having appropriate decision-making authority in the establishment of any use of land or the erection, modification, or relocation of any building or structure or other use of the land 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 in violation of this title.

A.   The planning manager or designee shall be responsible for the enforcement of zoning ordinances codified in this land development code, with the assistance of the town attorney or designee.

B.   The town engineer or designee shall be responsible for the enforcement of subdivision and floodplain regulations codified in this land development code, with the assistance of the town attorney or designee.

C.   The planning manager, town engineer, town attorney and respective designees may designate and authorize code compliance officers to assist in enforcement of this title, consistent with the provisions of chapter 1-9.