A.   The mayor shall appoint at least two (2) hearing officers, with advice and consent of the city council, to serve as an appeal authority for appeals of land use decisions and requests for variances under this title.

   B.   A hearing officer shall be a resident of the city.

   C.   Hearing officers shall, at a minimum, have such training and experience as will qualify them to conduct administrative or quasi-judicial hearings regarding land use, land development and regulatory codes dealing with issues related to land use.

   D.   A hearing officer shall be appointed for a term of three (3) years and may not serve more than five (5) consecutive terms. Vacancies occurring during a term shall be filled for the balance of the term. An individual is considered to have served a full term if, due to filling a vacancy, the individual has served for at least twelve (12) months.

   E.   A hearing officer may be removed by the mayor for any reason. (Ord. 23-11: Ord. 22-33: Ord. 14-10)

   A.   A hearing officer shall hear and decide:

      1.   Requests for variances from the terms of the city’s land use ordinances;

      2.   Appeals from decisions by a land use authority applying the city’s land use ordinances;

      3.   Appeals from a fee charged in accordance with Utah Code Annotated section 10-9a-510;

      4.   Appeals of the denial by a land use authority of a request for a reasonable accommodation; and

      5.   Any other request or appeal of a decision delegated to a land use authority by title 16 or 17 of this code.

   B.   A hearing officer shall:

      1.   Act in a quasi-judicial manner;

      2.   Serve as the final arbiter of issues involving the interpretation or application of city land use ordinances subject to appeal to the Utah district courts as provided in Utah Code Annotated section 10-9a-801. (Ord. 22-33: Ord. 14-10)

   A.   In interpreting and applying the provisions of this title, the requirements contained herein are declared to be the minimum required for the purposes set forth. It is not intended by this title to interfere with or abrogate or annul any easement, covenants or other agreements between parties; provided, however, that where this title imposes a greater restriction upon the use of building or premises or upon the height of building, or requires a larger open space than is imposed or required by other laws, ordinances or restrictions, the provisions of this title shall prevail.

   B.   No portion of this land use title shall be interpreted or enforced so as to infringe upon, impede, restrict or prevent the exercise of the rights of religious worship or belief, or rights of speech, association, or assembly unless such enforcement is based on: 1) a provision of this code that is neutral in its classification and prohibits similar activities, without regard for religious or secular intent; and 2) cannot be achieved by a less restrictive means than that land use ordinance in place. (Ord. 07-30 § 2)

It is declared to be the intent of the city that this title and the regulations set forth herein shall be so construed as to further the purpose of this title and promote the objectives and characteristics of the respective zones. (Ord. 07-30 § 2)

This title shall not nullify the more restrictive provisions of other private covenants and agreements or other laws or general ordinances of the city, but shall prevail and take precedence over such provisions which are less restrictive. (Ord. 07-30 § 2)

The existing ordinances covering land use of the city in their entirety and including the maps heretofore adopted and made a part of said ordinances, are superseded and amended to read as set forth herein; provided, however, that this title, including the map attached to the ordinance codified herein, shall be deemed a continuation of previous ordinances and not a new enactment, insofar as the substance of revisions of previous ordinances is included in this title, whether in the same or in different language; and this title shall be so interpreted upon all questions of construction relating to tenure or officers and boards established by previous ordinances and to questions of conforming or nonconforming uses and buildings and structures, and to questions as to the dates upon which such uses, buildings, or structures became conforming or nonconforming. (Ord. 07-30 § 2)

All departments, officials, and employees of the city which are vested with the duty or authority to issue permits, contracts, and licenses shall conform to the provisions of this title and shall issue no permit, contract, or license for a use, building, or purpose where the same would be in conflict with the provisions of this title. Any such permit, contract, or license, if issued in conflict with the provisions of this title, shall be null and void. (Ord. 07-30 § 2)

The construction, alteration, repair, or removal of any building or structure or any part thereof, as provided or as restricted in this title shall not be commenced or proceeded with, except after the issuance of a building permit for the same by the Building Inspection Division. (Ord. 07-30 § 2)

Permits shall not be granted for the construction or alteration of any building or structure, or for the moving of a building onto a lot, or for the change of the use in any land, building, or structure, if such construction, alteration, moving or change in use would be a violation of any of the provisions of this title. No sewer line, no water service line, or electrical utilities shall be installed to serve such premises if such use will be in violation of this title. (Ord. 07-30 § 2)

All applications for building permits shall be accompanied by a site plan drawn to scale showing the actual dimensions of the lot to be built upon, the size and location of existing buildings, buildings to be erected and such other information as may be deemed necessary by the Building Inspection Division, or the Community and Economic Development Division for the enforcement of this title. A record of such applications and permits shall be kept in the Public Works Department. (Ord. 18-06)

Building permits issued on the basis of plans and specifications approved by the plans examiner and other applicable agencies authorizes only the use, arrangement, and construction set forth in the approved plans and applications, and no other use, arrangement or construction. Use, arrangement, or construction at variance with that authorized in said plans and specifications shall be deemed a violation of this title. (Ord. 07-30 § 2)

Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating, causing or permitting the violation of the provisions of this title shall be guilty of a Class C misdemeanor and shall be punishable as provided by law. In addition to the fine or jail sentence provisions, the violator may be ordered to abate the condition which is a violation. Such person, firm, or corporation who intentionally violates this title 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, continued, or permitted by such person, firm or corporation. (Ord. 07-30 § 2)

Fees may be charged applicants for subdivision, rezoning, building, occupancy, and conditional use permits, design review and planned unit development approval, City Form Based Code District review, certificate of appropriateness review, and Smelter Site Overlay District permit review, Planning and Zoning Commission and Appeal Authority hearings, and such other services performed by the City pursuant to this title. Such fees shall be established by the Mayor in a written schedule and shall be in amounts reasonably necessary to defray costs of processing the applications. The written schedule of the fees shall be available for public inspection in the Public Works Department and City Recorder’s Office. (Ord. 25-20 § 4: Ord. 18-06)

   A.   Unless specifically provided otherwise, third party notices required or allowed by this title to be mailed to surrounding property owners regarding rezoning and conditional use requests, shall be sent to all property owners of record within the following distances as applicable:

 

or as deemed appropriate by the planning staff for special/unique situations, but in no case shall notification be less than three hundred feet (300').

   B.   Required notices shall be mailed first class, postage prepaid.

   C.   The applicant/agent shall be responsible to post notification signage on properties where a request for a zone change or conditional use permit is proposed. The sign(s) shall be provided to the applicant/agent by the City and shall be posted by the applicant/agent in advance of the scheduled meeting date. (Ord. 07-30 § 2)

The City may deny or delay approval of a development project if there is not adequate capacity or availability of public utilities for a proposed development. (Ord. 15-24)