This chapter affects this entire title with respect to the administration thereof and establishes the responsibility for such administration and the penalties for violation of any provision of this title. (1989 Code § 12-20-001)

   A.   Zoning Administrator:

      1.   The mayor, with the consent of the city council, shall appoint a zoning administrator to carry out the duties and responsibilities relative to zoning issues.

      2.   The zoning administrator shall enforce the provisions of this title or other ordinances affecting or regulating the physical development of the city which are now in effect or which may hereafter be adopted. (Ord. 96-2, 10-22-1996, eff. 12-1-1996)

      3.   The city council may, by resolution or ordinance from time to time entrust such administration and enforcement in whole or in part to any other officer of the city without amendment to this title, who shall also serve under the same direction and be subject to all of the provisions of this title or to other ordinances setting forth the duties and responsibilities of the enforcement officer. (1989 Code § 12-20-002; amd. 1998 Code)

   B.   Duties:

      1.   The enforcement officer shall represent the city in carrying out the stated purposes of this title and in so doing shall cause all required permits be obtained by persons required to do so. Enforcement officers shall not grant a permit for the construction or alteration of any building or structure if such construction or alteration would be in violation of any of the provisions of this title. It shall be his duty to inspect or cause to be inspected all buildings in the course of construction, alteration or repair. (1989 Code § 12-20-003)

      2.   It shall be the duty of the enforcement officer to inspect or cause to be inspected all plans for the construction or repair of buildings, to visit all buildings in the course of construction, to enforce or cause to be enforced all of the provisions of this title pertaining thereto, particularly with respect to location requirements, to hold and enforce any decision in the administration of this title, entering actions in court in cooperation with the city attorney when necessary, and his failure to do so should not legalize any violation of such provisions. Also where any building, sign or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or where any buildings, structure or land is used in violation of this title, or any amendment thereto, the enforcement officer and the city attorney, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct or abate such violation to prevent the occupancy of such buildings, structure or land or to prevent any illegal act, conduct of business or use in or about such premises. (1989 Code § 12-20-009; amd. 1998 Code)

      3.   The basic responsibilities of the enforcement officer shall also concern the use of buildings and structures and the erection of signs. It shall be the joint responsibility of all enforcement officers to seek complete enforcement of this title and to this end they shall cooperate and coordinate their efforts and shall cooperate with the city attorney in entering any action in the courts. The city attorney shall cooperate with the enforcement officers and in so doing may initiate any action deemed by him to be advisable and shall diligently prosecute any and every action initiated to secure compliance herewith. (1989 Code § 12-20-009)

All departments, officials and employees of the city which are vested with the duty or authority to issue permits and licenses shall conform to the provisions of this title, and shall issue no permit or license for use, building or purpose where the same would be in conflict with the provisions of this title. All applicable permits and licenses shall be approved by the applicable enforcement officers. Any such permit or license, if issued in conflict with the provisions of this title, shall be null and void. (1989 Code § 12-20-008; amd. 1998 Code)

All applications for building permits shall be accompanied by a plot plan signed and dated by the applicant. Such plot plan shall be drawn to scale and shall show the actual dimensions of the lot to be built upon, the size of the existing buildings, if any, the building to be erected, the location of driveways into the property, the location and plan for off street parking facilities, the location and name of abutting streets, the location and width and such other information as may be necessary to accurately locate the lot and to provide for the enforcement of this title. (1989 Code § 12-20-005)

No land shall be changed in use or occupancy, except for the use of plans in conjunction with agriculture, and no building shall be changed in use or structurally altered until a certificate of occupancy shall have been issued by the building inspection department which has been approved by the proper enforcement officers. A like certificate shall be required for the purpose of maintaining, renewing, changing or extending a nonconforming use, and also a prerequisite to the application and/or receipt of a business license.

   A.   Application:

      1.   Application for a certificate of occupancy shall be made to the building inspector.

      2.   Certificates of occupancy either for the whole or part of a building or parcel of land, except land in conjunction with agriculture, shall be applied for before a new building is occupied, or land is used and before a license for a contemplated change of use of buildings and/or land may be issued or before the use of land and/or buildings is changed.

   B.   Issuance: No certificate of occupancy shall be issued unless the contemplated use of the land and/or building for which said certificate is requested is in full compliance with the requirements of this title and such certificate bears thereon the approval of the building inspector or his authorized representative. Said certificate shall be issued upon request of the owner and/or occupant of the building or premises, or of a licensed contractor.

   C.   Limitation; Effective Certificates:

      1.   Unless a certificate of occupancy shall have been issued or approval otherwise given as provided for herein, it shall be unlawful for any person to make connection to or furnish water or electrical service for any new building, except for a temporary use incidental to construction.

      2.   After such certificate has been issued, unless proven to be in error within one year of date of issue, the building or part thereof to which it applies shall be deemed to be in full compliance with the requirements hereof. (1989 Code § 12-20-006)

The building inspector shall maintain an accurate file of all building permits and an accurate file of all certificates of occupancy issued and a record of all nonconforming uses of buildings and/or land and the extent thereof. (1989 Code § 12-20-007)

   A.   Adoption: The planning commission shall provide notice and hold a public hearing on a proposed land use ordinance or zoning map and prepare and recommend to the city council a proposed land use ordinance and zoning map that represents the planning commission's recommendation for regulating the use and development of land within all or any part or area of South Weber City. The city council may adopt or reject the proposed land use ordinance or zoning map either as proposed by the planning commission or after making any revision that the city council considers appropriate.

   B.   Amendments: The City Council may, from time to time, amend the number, shape, boundaries or areas of any zone, or any regulation of or within such zones or any other provisions of this title, but such amendments shall not be made or become effective unless the same shall have been proposed by or be first submitted to the Planning Commission for its recommendation. The City Council may adopt or reject the proposed land use ordinance or zoning map either as proposed by the Planning Commission or after making any revision that the City Council considers appropriate.

   C.   Rezoning Applications And Concept Development Plans:

      1.   Purpose: The purpose of this subsection is to ensure that rezoning decisions are made with a clear understanding of the intended development, to protect the community from speculative zoning changes, and to ensure consistency with the South Weber City general plan and the orderly development of the city.

      2.   Applicability: This section shall apply to all applications seeking a zoning map amendment (rezoning) within the corporate limits of South Weber City to any zoning district that is mixed-use, non-residential, or R-5.

      3.   Concept Plan Requirements:

         a.   Application Timing: All applications for zoning map amendments shall be accompanied by a concept development plan. Applications submitted without a concept plan shall be deemed incomplete and shall not be processed until such time as the required concept plan is submitted.

         b.   Application Requirements:

         (1)   Proposed land uses and zoning districts.

         (2)   A written narrative explaining how the proposal aligns with the South Weber general plan.

         c.   Concept Plan Content: The concept plan shall include the following, as applicable. Items H-K will be required at the zoning administrator's discretion based on the estimated cost:

         (1)   Lot layout and dimensions, including minimum lot sizes.

         (2)   Location and configuration of streets, access points, and circulation systems.

         (3)   Proposed residential densities and building square footage estimates.

         (4)   Pedestrian and bicycle pathways.

         (5)   Proposed open spaces, parks, and recreational amenities.

         (6)   Phasing plans.

         (7)   Conceptual utility layout, including water, sewer, and stormwater systems.

         (8)   General landscape buffers, screening, and berming.

         (9)   Parking layout and ratio estimates.

         (10)   Building scale and massing diagrams.

         This subsection shall not be interpreted to require engineering or architectural drawings.

         d.   Plan Review: The concept plan shall be reviewed by city staff and forwarded to the planning commission and city council as part of the rezone application.

      4.   Binding Nature Of Concept Plan:

         a.   Approval: Upon approval of the zoning map amendment, the concept plan shall be deemed binding. Any future development on the rezoned property shall substantially conform to the approved concept plan.

         b.   Significant Deviation: Any significant deviation from the approved concept plan shall require an amendment to the zoning map amendment and shall be subject to the same review and approval procedures as the original rezone application, including public notice and hearings. Significant deviations include, but are not limited to:

         (1)   Land Use Alterations: Introducing new land uses not identified in the approved concept plan.

         (2)   Density Modifications: An increase or decrease in residential units or floor area by more than ten percent (10%).

         (3)   Layout Adjustments: A reconfiguration of the site affecting more than twenty percent (20%) of the building placements, street alignments, or open space distribution.

         (4)   Changes in the phasing schedule that materially impact infrastructure or amenity delivery.

         c.   Review Process. Amendments required under this section shall follow the same planning commission recommendation and city council approval process as a new zoning map amendment.

      5.   Zoning Reversion:

         a.   Conditions For Reversion. The zoning of the property shall revert to its prior classification under the following conditions, unless the landowner requests and receives an extension of the zoning approval following the process outlined in subsection 2:

         (1)   Failure to obtain preliminary subdivision or site plan approval within twenty-four (24) months of rezoning approval.

         (2)   Abandonment of development activity for a period exceeding twelve (12) consecutive months.

         (3)   Initiation of development is inconsistent with the approved concept plan without approval under section D.

         b.   Reversion Process. The landowner shall notify the city, in writing, of its request to extend the zoning approval. Such notice shall occur at least sixty (60) days prior to the date on which the zoning would otherwise revert to its prior classification. The request to extend it shall follow the procedures for a zoning map amendment, including planning commission recommendation and city council decision following a public hearing pursuant to Utah Code §10-9a-205.

      6.   Minor Modifications: Minor modifications to an approved concept plan that do not meet the thresholds for significant deviation may be approved administratively by the zoning administrator. Such modifications may include minor adjustments in building placement (up to ten (10) feet), utility realignment, or similar changes that do not materially affect the layout, density, or public infrastructure commitments of the plan. (Ord. 2006-01, 2-14-2006; amd. Ord. 2023-17, 11-28-2023, eff. 1-1-2024; Ord. 2025-15, 8-26-2025)

Any person violating any of the provisions of this title shall be guilty of a Class C misdemeanor or a comparable civil penalty. Upon conviction of a Class C misdemeanor by a court of competent jurisdiction, the person so convicted shall be subject to penalty as provided in Title 1, Chapter 9 of this Code.

The City has sole discretion in deciding whether to enforce violations of this title through civil or criminal means. The City’s may enforce the violation of any provision of this title criminally as provided in Title 1, Chapter 9 of this Code, or civilly through its Administrative Code Enforcement program as provided in Title 1, Chapter 10. The City may use any of the remedies available under the law in both civil and criminal prosecution of violations of this title.

Any ongoing violation of the provisions of this title shall be considered a separate offense for each and every day during which any portion of any violation of this title is committed or continued by such person and shall be punishable as herein provided. (Ord. 13-03, 6-25-2013; amd. Ord. 2022-01, 3-22-2022)