A.

It shall be unlawful to commence the construction, alteration, repair, removal, or demolition of any structure in the city without obtaining a building permit from the city. The code enforcement official shall issue no building permit unless he or she has determined that the plans for the property for which the permit is sought comply with all applicable provisions of this title and with other applicable codes and ordinances of the city.

B.

It shall be unlawful to occupy or use any structure, land, water, or premises in the city, or change the occupancy or use thereof, in whole or in part, without obtaining a certificate of occupancy from the city.

The code enforcement official shall issue no certificate of occupancy for a new or remodeled premises unless he or she has inspected the premises after completion of all construction and certified that the premises is in conformity with the plans on which the building permit was based. He or she shall likewise issue no certificate of occupancy for change of occupancy without certifying that the proposed occupancy will be in conformance with all applicable regulations herein. The following shall be exempt from the requirements for a certificate of occupancy:

1.

Land use for agricultural cultivation.

2.

Residential buildings in which there is a change of occupancy that does not involve a change to a different permitted or conditional use.

A temporary certificate of occupancy for a period not to exceed six months may be issued, consistent with the safety of the occupants, for occupancy or partial occupancy pending completion of construction or alterations.

The code enforcement official shall either issue or deny a certificate of occupancy within twenty days of application thereof. The code enforcement official shall advise the applicant in writing of the reasons for any denial.

The code enforcement official of the city of Park City is hereby designated and authorized to enforce this title.

Any party that violates any provision of this title shall, upon conviction, be fined not less than fifty dollars or more than five hundred dollars for each offense. Each day that a violation exists shall constitute a separate offense.

The zoning board of appeals of the city of Park City is the zoning board of appeals referred to in this title. The board shall consist of seven members.

The zoning board of appeals is hereby vested with the power and responsibility to:

A.

Conduct hearings and make recommendations to the city council on all:

1.

Amendments to the ordinance codified in this title, excepting adoption of a new ordinance.

2.

Conditional uses, including planned unit developments.

3.

Variances, including minor variances.

B.

Hear and make final determinations on all appeals.

C.

Keep written minutes of its proceedings, which shall be a public record.

D.

Adopt bylaws and any other procedural rules consistent with this and other city ordinances and state statutes.

E.

Recommend to the city council the employment of such professional zoning, legal, engineering, or administrative assistance as is necessary to fulfill its responsibilities.

F.

Exercise all of the powers and complete all of the duties of the planning commission, as set forth in the Park City Municipal Code.

G.

Hear all other matters referred to it by the city council.

The concurring vote of our members of the zoning board of appeals shall be required to take action on all such matters. The zoning board of appeals is also empowered to initiate, direct and review studies of the provisions of this title and to make recommendations to the city council thereupon at least once a year.

(Amended by Ord. No. 2004-20-01 doc. 8420)

The mayor shall with the advice and consent of the city council:

A.

Appoint all of the seven members, which shall serve on the zoning board of appeals.

B.

Appoint one member to serve as chairman and another to serve as vice chairman to serve as acting chairman in the absence of the chairman.

C.

Appoint a new member to fill the unexpired term of any member whose place has become vacant and appoint a new chairman should that office be vacated.

D.

Have the power to remove any member for cause with advice and consent of the city council.

At the first city council meeting in May, during the year 2004, or as soon thereafter as is appropriate and convenient, the mayor shall appoint seven members to the zoning board of appeals for the following terms: One for one year, one for two years, one for three years, one for four years, one for five years, one for six years, and one for seven years. Thereafter, the successors to the original members shall be appointed for a term of seven years.

(Amended by 2004-30-01 doc. 8420)

All meetings of the zoning board of appeals shall be held at the call of the chairman and at such other times as the board may determine and shall be open to the public except when an executive session is authorized by law.

The minutes of all meetings shall show the vote, or abstention of every member upon every official action. All decisions of the zoning board of appeals shall be public record on file in the office of the city clerk.

Any member of the zoning board of appeals absent during proceedings before the board who certifies that he or she has read the transcript or listened to a tape recording of said proceedings may vote on any question heard during such proceedings within four days of said proceedings.

The secretary of the zoning board of appeals shall be appointed by the chairman with the advice and consent of the zoning board. The appointee must be a resident of park city, must not currently be a voting member of the zoning board of appeals, must not be a current member of the corporate authority and must not be an immediate relative (mother, father, sister, brother, son, daughter or similar in-law or step relative) of any current member of the zoning board of appeals. The term of the office of secretary to the zoning board shall be one year. The secretary shall be a nonvoting member of the zoning board of appeals.

The secretary shall keep the minutes of the proceedings of the zoning board of appeals, records of its examinations, transcripts or tape recordings and other official actions.

Zoning board of appeals members shall be paid monthly for each meeting attended at the rate of seventy-five dollars per meeting for the chairman and all other members shall be paid monthly for each meeting attended at the rate of fifty dollars per meeting. The zoning board shall be entitled to have a recording secretary's attendance at its meetings to keep minutes, who shall likewise be entitled to fifty dollars per meeting.

(Amended by Ord. No. 2004-20-01 Doc. 8420)

A.

The code enforcement official shall be charged with the enforcement of this title. In discharging this responsibility, he or she shall:

1.

Issue certificates of occupancy, conditional use permits, temporary use permits, and other permits or certificates provided for herein;

2.

Conduct inspections of structures and uses to determine compliance with this title;

3.

Notify in writing any party believed to be responsible for violating a provision of this title and order action to correct the violation;

4.

Prepare and cause to be published on or before March 31 of each year a zoning district map as amended through the preceding December 31.

5.

Attend meetings of the zoning board of appeals upon formal request of the chairman;

6.

Provide technical assistance to the zoning board of appeals;

7.

Request the assistance and cooperation of other city officials, departments, boards, or commissions, or other agencies as necessary in the discharge of his or her duties;

8.

Procure such engineering, planning, or legal assistance from technical experts outside the city government as may be necessary to discharge his or her duties and as is authorized by the city council.

B.

The city clerk shall have the responsibility to:

1.

Receive and forward to the zoning board of appeals all applications and notices required by this title;

2.

Maintain records of applications filed, public hearings held, permits and certificates issued, inspections made, reports rendered, and notices or orders issued under the provisions of this title.

Any party aggrieved by an administrative order, requirement, decision, or determination made under this title by the code enforcement official, or other authorized administrative official, board, commission or department of the city other than the city council may appeal to the zoning board of appeals.

A notice of appeal shall be filed with the code enforcement official within forty-five days of the order or decision being appealed. The notice shall contain:

A.

The name, address and telephone number of the party filing the appeal.

B.

The location of the property affected by the decision being appealed.

C.

Identification of the provision of the title governing the decision being appealed.

D.

A statement of the grounds on which the appeal is based.

E.

The reason given by the administrative official or body for the decision.

F.

A brief summary of the factual evidence upon which the appeal is based.

G.

A plot plan and written description of the use affected by the decision being appealed.

The filing of a notice of appeal shall stay all proceedings in furtherance of the action appealed from unless the code enforcement official certifies to the zoning board of appeals that in his or her judgment a stay would cause imminent peril to life or property. In such case, no proceedings shall be stayed without issuance of a restraining order by the zoning board of appeals or a court of record.

Upon receipt, the code enforcement official shall forthwith transmit the notice of appeal and the complete record of the decision to the chairman of the zoning board of appeals. The chairman of the zoning board of appeals shall fix a reasonable time for a hearing on the appeal and give a minimum of ten days notice to the party filing the notice.

After the hearing, the zoning board of appeals shall take final action on the appeal, whereby it may affirm, reverse, or modify the action being appealed, subject only to judicial review in accordance with applicable state statutes. To this end the zoning board of appeals shall have all the powers of the party from which the appeal was taken and may direct the issuance of a permit. A majority vote of all its members shall be required for the zoning board of appeals to take any action.

The board shall reverse the order appealed only if it finds that the action or decision appealed:

A.

Was arbitrary or capricious;

B.

Was based on an erroneous finding of a material fact;

C.

Constituted an abuse of discretion; or

D.

Was based on erroneous interpretation of the zoning ordinance or zoning law.