This section establishes the duties and responsibilities for the zoning code official and other officials and agencies, with respect to the administration of this code. The Director of Public Works is the Zoning Code Official for the Town of Mountain View and shall be referred to hereafter as "the code official."

1. Reviews and Approvals. The code official shall be authorized to undertake reviews, make recommendations and grant approvals as set forth in this code.
2. Comprehensive Plan. The code official shall assist the planning and zoning committee in the development and implementation of the comprehensive plan.
3. Site Plan Reviews. The code official shall receive all applications for site plan review and review them for completeness.
4. Conditional Use Permits. The code official shall receive all applications for conditional use, review for completeness and prepare submittals for review by the planning committee and approval by the Town Council.
5. Interpretations. The interpretation and application of the provisions of this code shall be by the code official. An appeal of an interpretation by the code official shall be submitted to the planning committee, which is authorized to interpret the code, and such interpretation shall be considered final. (Ord. 2009-2)

The code official shall receive all applications for variances, review for completeness and prepare submittals for review by the Planning and Zoning Committee and approval by the Town Council.

1. The Planning and Zoning Committee will review and comment on variance applications. The application shall be in writing and shall be accompanied by maps, drawings or other documentation in support of the request. In order for a variance to be recommended to the Town Council, the applicant must provide sufficient evidence to establish that:
   1. There are special circumstances or conditions which apply to the Applicant's property that are peculiar to that property in relation to other similar properties in that same vicinity and zone.
   2. That the special circumstances or conditions that exist on the property are not a result of any action taken by the applicant since the adoption of this zoning ordinance (1998).
   3. That the special circumstances or conditions are such that the strict application of the requirements of the zoning ordinance would deprive the Applicant of the enjoyment, use and privileges commonly enjoyed by other properties in the area; and
   4. That the proposed adjustment or waiver of the zoning regulation would be the minimum adjustment or waiver that would allow the properties reasonable enjoyment, use and privileges; and
   5. That the adjustment or waiver sought is in harmony with the intent and purposes of the zoning ordinance and will not interfere with or injure the property rights in the neighborhood or be contrary to the public welfare.
2. The application shall be accompanied by maps, drawings or other documentation in support of the request. The granting of a conditional use permit shall not exempt the applicant from compliance with other relevant provisions of related Town Code.
3. The committee may place conditions or stipulations on a variance recommended to the Town Council.
4. The final decision on the granting a variance is the Town Council's. (Ord. 2009-2)

1. A conditional use permit shall be obtained for certain uses which may be harmonious under special conditions and in specific locations within a zone, but may not be allowed under the general conditions of the zone as stated in this code.
2. All conditional use permit applications shall be submitted to the code official as provided in this code. All applications shall be accompanied by maps, drawings, statements or other documents as required by the planning committee. An appropriate fee shall be collected at the time of submittal as determined by the Town Council.
3. Prior to approval of a conditional use permit, a public hearing shall be held by the Planning and Zoning Committee or Town Council. Upon the completion of said public hearing, the Council shall render a decision within ten (10) working days.
4. The authorization of a conditional use permit shall not be made unless:
   1. The evidence presented is such to establish that such use will not, under the specific circumstances of the particular case, be detrimental to the health, safety or general welfare of the surrounding area and that the proposed use is necessary or desirable and provides a service or facility that contributes to the general well being of the surrounding area;
   2. That such use will comply with the regulations and conditions specified in this code for such use;
   3. The Planning and Zoning Committee shall itemize, describe or justify, then have recorded and filed in writing, the conditions imposed on the use.
5. Any granted conditional use permit shall become null and void within one (1) year of the date of approval if not exercised. A conditional use permit shall be considered exercised when a building permit has been issued and substantial construction accomplished. If such permit is abandoned or discontinued for a period of one (1) year, it may not be re-established unless authorized by the Town Council.
6. A conditional use permit may be revoked if the applicant fails to comply with the imposed conditions.
7. The granting of a conditional use permit shall not exempt the applicant from compliance with other relevant provisions of related Town Code.
8. An adjustment to an approved conditional use permit shall be submitted to the code official accompanied by supporting information. The Planning and Zoning Committee shall review the adjustment and will recommend to the Town Council that they grant, deny or amend such adjustments and impose conditions deemed necessary. (Ord. 2010-2)

All requests for amendments or changes to the zoning code or map shall be submitted to the code official for processing. (Ord. 2009-2)

The code official charged with the enforcement of this code, acting in good faith and without malice in the discharge of the duties described in this code, shall not be personally liable for any damage that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the code official or employee because such act or omission performed by the code official or employee in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of this code or enforced by the enforcement agency shall be defended by the Town of Mountain View until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by the Town. This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or parcel of land for any damages to persons or property, caused by defects, nor shall the enforcement agency or the Town of Mountain View be held as assuming any such liability by reason of the reviews or permits issued under this code. (Ord. 2009-2)

Upon adoption of the zoning code by the Town Council, no use, building or structure, and no public utility, whether publicly or privately owned, shall be constructed or authorized until the location and extent thereof conform to said plan. (Ord. 2009-2)

1. Violations Unlawful. It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use occupy or maintain any building or land or cause or permit the same to be done in violation of this code. When any building or parcel of land regulated by this code is being used contrary to this code, the code official may order such use discontinued and the structure, parcel of land, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the code official after receipt of such notice to make the structure, parcel of land, or portion thereof, comply with the requirements of this code.
2. Non-Complying Permits Void. All departments, officials and employees which are charged with the duty or authority to issue permits or licenses shall issue no permit or license for uses or purposes where the same would be in conflict with this code. Any permit or license, if issued in conflict with this code, shall be null and void.
3. Cancellation/Revocation. Failure to comply fully with the terms of any permit, license or approval may be grounds for cancellation or revocation. Action to cancel any license, permit or approval may be taken on proper grounds by the code official. Cancellation of a permit or approval by the code official or Town Council may be appealed in the same manner as its original action.
4. Compliance Required. For the issuance of any license, permit or approval for which the code official or Town Council is responsible, the code official shall require that the development or use in question proceed only in accordance with the terms of such license, permit or approval, including any requirements or conditions established as a condition of issuance. Except as specifically provided for in this code and conditions of approval, the securing of one required review or approval shall not exempt the recipient from the necessity of securing any other required review or approval. (Ord. 2009-2)

The penalties for violations of the Zoning Code are specifically set forth in the Town of Mountain View Municipal Court Bond Schedule. (Ord. 2009-2)