This title shall be known as the PLANNING AND ZONING ORDINANCE OF PLEASANT GROVE CITY, and may be so cited and pleaded. Said title shall be referred to herein as "this title", and the chapters and sections hereinafter referred to shall be chapters and sections of this title. (Ord. 2000-23, 7-18-2000)

This title and the regulations and restrictions contained therein are adopted and enacted for the purpose of promoting the health, safety, an acceptable moral environment, prosperity, convenience, and general welfare of the present and future inhabitants of the city, and to:

   A.   Encourage and facilitate the orderly growth and development of the city;

   B.   Provide open space for light and air, and air quality, prevent overcrowding of the land, and to lessen congestion on the streets;

   C.   Secure economy in municipal expenditures, to facilitate adequate provision for public or alternative transportation, water, sewerage, schools, parks, vegetation, trees and landscaping, and other public facilities and services;

   D.   Increase the security of home life and preserve and create a more favorable environment for the citizens and visitors of the city; (Ord. 2000-23, 7-18-2000)

   E.   Secure safety from fire and other dangers;

   F.   Preserve and protect property values; (Ord. 2000-23, 7-18-2000; amd. 2003 Code; Ord. 2004-19, 8-17-2004)

   G.   Enhance the economic and cultural well being of the inhabitants of the city;

   H.   Promote the development of a more wholesome, serviceable and attractive city resulting from an orderly, planned use of resources. (Ord. 2000-23, 7-18-2000)

It is hereby declared to be the intent of the city council 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. 2000-23, 7-18-2000)

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. 2000-23, 7-18-2000)

All departments, officials and employees of the city which are vested with duty or authority to issue permits and licenses shall conform to the provisions of this title and shall issue no permit or license for a use, building or purpose where the same would be in conflict with the provisions of this title. Any such permit or license, if issued in conflict with the provisions of this title, shall be voidable. (Ord. 2000-23, 7-18-2000)

No building or structure shall be constructed, reconstructed, altered or moved, nor shall the use of land be changed, except after the issuance of a permit for the same by the building inspection division. For the purposes of this section, the issuance of a building permit will constitute approval by the community development director or his designee and the building official. (Ord. 2000-23, 7-18-2000)

   A.   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 or title 11 of this code.

   B.   No sewer service line, water service line, natural gas line or electrical utilities shall be installed to serve such premises if such use will be in violation of this title.

   C.   Permits shall be granted for the construction of buildings in a newly approved subdivision or phase thereof providing the infrastructure improvement schedule included in the applicable zone is complied with for each successive phase of the subdivision, and the installation has been approved by the city engineer. (Ord. 2000-23, 7-18-2000)

When property boundaries are unclear or indeterminate, all applications for building permits for new construction (and not interior remodels) shall be accompanied by:

   A.   Plat: A plat 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 existing buildings on adjacent property, and such other information as may be deemed necessary by the community development department or the planning commission for the enforcement of this title.

   B.   Legal Description; Survey; Title Search: A complete and accurate legal description of the property, which is the subject of the application, together with a certified survey of the property showing any conflict with adjoining property, overlaps or discrepancies between the legal description and any existing fence lines. Also to be submitted will be a preliminary title search showing legal ownership of the property. If the developer is not the legal owner of the property, he shall, in addition, submit written proof of his right to develop the property. Such proof shall consist of options, contracts or other documents. The developer will be entitled to black out confidential information on such documents as, for example, the amount of consideration paid and the amount of periodic payments. A careful record of such applications and permits shall be kept in the inspection division for a period of one year from the date of receipt thereof. (Ord. 2000-23, 7-18-2000)

   A.   Required: It shall be unlawful to use or occupy, or to permit the use or occupancy of, any residence, building or premises until a certificate of occupancy and zoning compliance has been issued for the residence, premises or building by the community development department. It shall also be unlawful to occupy or to allow to be occupied any residence, building or premises which has a greater intensity of use or different occupancy than provided for specifically in the certificate of occupancy and zoning compliance.

   B.   Issuance Of Certificate: A certificate of occupancy and zoning compliance, hereinafter referred to as "certificate", is required to be issued by the community development department at the time a residence or building is completed and final inspection granted by the building inspection division. A new certificate is also required when substantial modifications or alterations (the cost of which exceeds $20,000.00) are made to any residence, building or premises.

   C.   Application Requirements: The following shall be required as a part of any application for a certificate of occupancy and zoning compliance:

      1.   Residential Certificates:

         a.   The number of residential units in the building or buildings. If there is more than one building, the number of units should be listed separately for each building.

         b.   Number of families residing or anticipated to live in the building.

         c.   Compliance with all applicable ordinances and with any conditions imposed upon the building by the planning commission or the community development department.

         d.   The number of legal sized off street parking spaces being provided on the premises.

         e.   A signed certification of the property owner of the building or premises, or his authorized agent, stating that the information contained therein is accurate and that the stated conditions will be maintained on the premises.

      2.   Commercial, Industrial And Institutional Information Certified:

         a.   The number of employees on the premises.

         b.   The number of street parking spaces provided for employees on the site.

         c.   The number of off street parking spaces provided for customers or visitors.

         d.   The number and type of restroom facilities provided.

         e.   Compliance with all applicable ordinances and with any conditions imposed upon the building by the planning commission or the community development department.

         f.   A signed certificate by the owner of the building used for each separate type of occupancy.

         g.   A signed certificate by the owner of the building or premises, or his authorized agent, stating that the information and conditions set forth are true and will be maintained upon the site in this condition. (Ord. 2000-23, 7-18-2000)

   D.   Failure To Comply; Penalty: Failure to obtain a certificate of occupancy and zoning compliance for occupying or allowing to be occupied any residential, commercial, industrial or institutional building or premises, or for changing the intensity of use or increasing the number of occupants as provided for in the certificate of occupancy and zoning compliance issued under this title, shall be a class C misdemeanor and shall be punishable under the provisions of chapter 3 of this title. (Ord. 2000-23, 7-18-2000; amd. 2003 Code)

   E.   Nuisance: The occupation of any building for which a certificate of occupancy and zoning compliance has not been issued is hereby declared to be a nuisance and shall be abated as such. It shall also be a nuisance for any building to be occupied with greater density than authorized herein or for any other occupancy than is authorized in the certificate or required under this section. It shall also be a nuisance if, during the occupancy of the building that the use deviates from the initial conditions present at the time of issuance of a certificate of occupancy and zoning compliance. (Ord. 2000-23, 7-18-2000)

Building permits or certificates of zoning compliance, issued on the basis of plans and specifications approved by the building official, 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 and shall be punishable as provided in chapter 3 of this title. (Ord. 2000-23, 7-18-2000)

   A.   Established; Filing: There is hereby adopted as the official general plan of the city, to be used as an advisory guide for land use decisions and is filed in the office of the city recorder. (Ord. 2004-19, 8-17-2004)

   B.   Amendment Of Plan: If the legislative body deems it necessary to amend portions of the general plan, they may do so by following the procedures required by Utah Code Annotated section 10-9-303. (Ord. 97-1, 2-4-1997; amd. 2003 Code; Ord. 2004-19, 8-17-2004)

   C.   Effect Of Plan On Public Uses:

      1.   After the legislative body has adopted a general plan or any amendments to the general plan, no street, park or other public way, ground, place or space, no publicly owned building or structure, and no public utility, whether publicly or privately owned, may be constructed or authorized until and unless:

         a.   It conforms to the plan; or

         b.   It has been considered by the planning commission and, after receiving the advice of the planning commission, approved by the legislative body as an amendment to the general plan. (Ord. 97-1, 2-4-1997; amd. 2003 Code)

      2.   a. Before accepting, widening, removing, extending, relocating, narrowing, vacating, abandoning, changing the use, acquiring land for, or selling or leasing any street or other public way, the legislative body shall submit the proposal to the planning commission for its review and recommendations.

         b.   If the legislative body approves any of the items contained in subsection C2a of this section, it shall also amend the general plan, if necessary.

   D.   Charge And Responsibility: The community development department shall have charge of and be responsible for the upkeep and implementation of the city's general plan. (Ord. 97-1, 2-4-1997; amd. 2003 Code; Ord. 2004-19, 8-17-2004)