This title and the regulations and restrictions contained herein are adopted and enacted for the purpose of promoting the health, safety, welfare, prosperity, improved morals, peace, good order, comfort, convenience and aesthetics of the present and future inhabitants of the county and to:

1. Guide the future growth and development of Wasatch County, in accordance with the Wasatch County general plan;
2. Provide for adequate open space, light, air, air quality, privacy, safety from fire, flood, landslides and other geologic hazards, and other dangers and to try to prevent overcrowding of the land, and to lessen traffic congestion;
3. Protect and conserve the character and stability of Wasatch County, and to encourage the orderly development of the land;
4. Protect and conserve the Wasatch County property values and minimize conflicts among uses of the land and structures;
5. Establish public and private policy that encourages action to provide adequate and efficient transportation, water, sewerage, schools, parks, playgrounds, recreation and other public facilities;
6. Establish reasonable standards of design and procedures for development;
7. Create an atmosphere attractive to visitors and residents;
8. Fully exercise all of the powers granted to the county by the provisions of Utah Code Annotated section 17-27a-101 et seq., the county land use, development and management act, and all other powers granted by statute or by common law for the regulation of land uses and improvements;
9. Protect and enhance the quality of life in general for Wasatch County residents.
10. Allow development in a manner that encourages the preservation of scenic values, historic structures, agricultural uses and minimizes the impact on natural resources in Wasatch County;
11. Provide for well planned commercial and residential centers, efficient traffic circulation, and efficient use of county services;
12. Regulate development that may add to existing geologic hazards, erosion, flooding or other conditions that create potential dangers to life and safety in the community or detract from the quality of life in the community;
13. Require new development to be fiscally responsible by providing all required improvements and adequately mitigating any impacts to the county;
14. Establish zone districts within which the legislative body may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings and structures and the uses of land; and
15. Provide methods of administration and enforcement of this title and provide penalties for the violation thereof.

It is hereby declared to be the intent of the Wasatch County legislative body 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. 

This title shall be known as the WASATCH COUNTY LAND USE AND DEVELOPMENT CODE, and may be so cited and pleaded. Whenever a reference is made to this code as the Wasatch County land use and development code, or to any portion thereof, or to any ordinance of Wasatch County, Utah, codified herein, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. 

The chapter numbering and designation of this code is adopted as the official chapter numbering and designation for the Wasatch County land use and development code. The title, chapter and section headings or numbers contained in this code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section of this title. 

It is hereby declared to be within the authority of Wasatch County to approve the subdivision and development of land, amendment of plats or adjustment of lot lines, rezoning of property, amendments to the general plan, approve and enter into development agreements for the development of land, and approval of site plans pursuant to the guidance of the Wasatch County general plan and land use code, for the orderly, planned, efficient and economic development of Wasatch County. Unless otherwise designated, the Wasatch County legislative body shall be the Land Use Authority for all development applications except for those deferred below. Where a single project requires multiple applications, an applicant may request or the County may require that the project be considered concurrently by a single land use authority or legislative body for the application, in the following order of priority: Wasatch County Council, Planning Commission, Administrative Land Use Committee, Administrative Staff. Non-legislative actions are deferred as follows unless the Planning Director and applicant agree that the Wasatch County Council should serve as the land use authority due to compelling, countervailing public interest, or due to a proposed land use regulation being considered in conjunction with the land use application:

A. The Planning Commission shall be the Land Use Authority for:

1. Conditional Use Permits not listed in Section 16.01.05(B), or when opposition has been received within 10 days after noticing requirements under applicable law, including Wasatch Code 16.23.05, have been met.

2. Preliminary Subdivisions where the application is only for single-family dwellings, two-family dwellings, or townhomes and the project is not in the Geologic Hazards Overlay Zone. At the discretion of the Planning Director, subdivisions that also include minimal utility uses or minimal commonly owned improvements such as road improvements, or trails uses may be considered by the Planning Commission.

3. Final Subdivisions and Site Plans, except as defined in subsection C below.

4. Telecommunication facilities.

5. Conservation fee-in-lieu.

6. Condominium Plat Approval.

7. Small wireless facilities located in the JSPA or North Village Overlay Zone (NVOZ)

B. Administrative staff are authorized to approve the following applications as the Land Use Authority on behalf of the Planning Commission for the following items, unless a public hearing is required or if the Planning Director determines the item should be taken to the Planning Commission to serve as the land use authority:

1. The following Conditional Use Permits if no opposition has been received after noticing requirements under applicable law have been met:

a. Cell towers or other communication facilities if the applications are for stealth or collocation only.

b. Utility buildings and structures.

c. Utility lines in any zone that do not exceed thirty six (36) kV, are less than forty nine feet (49') in height from finished grade and consist of no more than 3 new poles (not replacement).

d. Bed and breakfast uses if the application is for five (5) bedrooms or less and there will be no food service to anyone other than overnight guests.

e. Kennels, catteries, or animal hospitals.

f. Accessory buildings pursuant to 16.21.08.

g. Free standing solar panel structures.

h. Retaining Walls (between 10' to 30' in height) and less than 800 feet in length.

i. Accessory Dwelling Units (ADUs) pursuant to 16.21.46

j. Small wireless facilities, except when located in the JSPA or NVOZ zone

k. Yurts on private property.

2. Small Scale Subdivisions.

3. Temporary Uses Permits.

4. Building Relocations.

5. Non-conforming use determinations.

6.Boundary Line Adjustments.

C. The Administrative Land Use Committee (ALUC) shall serve as land use authority for:

1. The following minor plat amendments:

a. Combining two or more lots, all of which are owned by the same owner, and none of which have been dedicated for public use, common use, or a similar designation;

b. Modification of plat title, notes, or labels so long as they were not placed on the plat due to findings or conditions adopted by the Wasatch County legislative body;

c. Plat Amendments applied for and signed by all property owners in the original subdivision and that do not increase density or significantly affect the layout of infrastructure, open space, or common areas; or

d. Changes to a building envelope consistent with Wasatch County Code.

2. Final subdivisions if the application is only for single-family dwellings, two-family dwellings, or townhomes and the project is not in the Geologic Hazards Overlay Zone. At the discretion of the Planning Director, final applications that also include minimal utility uses or minimal commonly owned improvements such as road improvements or trails may be considered by the ALUC. At the request of the applicant, the Planning Commission may instead serve as the land use authority, in which case the authority provisions in subsection A above shall apply. The land use authority for Final subdivision applications in the JSPA, regardless of product type, shall be the JSPA PC.

D. The planning director, or their designee, administers the Wasatch County Land Use and Development Code and associated State of Utah County Land Use and Development Management Act (CLUDMA). The planning director is authorized to interpret the code, create and implement applications, processes, expire approvals and applications, and make policies and procedures, all in accordance with applicable law. Except in cases where more specific rules apply, administrative and procedural decisions of the planning director or their designee are considered approved or denied at the same time the application is approved or denied by the applicable land use authority. The planning director is authorized to note in a written decision the manner in which their decision is to be appealed in cases where the process for an approval or denial is not clear, or due to extraordinary circumstances in the planning director's discretion.

All departments, officials and employees of Wasatch County that are vested with a duty or authority to issue permits and licenses shall do so in conformance with the provisions of this title. No permit or license for a use, building or purpose shall be issued where the same would be in conflict with the provisions of this title. A permit or license, if issued in conflict with the provisions of this title, shall be null and void.

1. Generally: No building or structure shall be constructed, reconstructed, altered or moved, except after either the issuance of a permit by the building department unless otherwise exempt herein.
2. Agricultural Buildings: Agricultural buildings exempt under Utah Code Annotated section 15A-1-204 from the building permit requirements of the state adopted construction code (hereinafter "exempt agricultural building" for purposes of this section only) must comply with the below requirements:
   1. Procedure: An applicant wishing to obtain approval to build an exempt agricultural building must first submit an application to the building department. The building department must then verify that the proposed structure meets the requirements necessary to qualify as an exempt agricultural building. If the proposed structure is an exempt agricultural building, the building department will submit the application to the planning department for review of zoning compliance.
   2. Land Use and Zoning Requirements of Exempt Agricultural Buildings: Notwithstanding this section, an exempt agricultural building is only subject to the following land use and zoning requirements, unless, in the sole discretion of the county, a reasonable basis exists for imposing any other land use or zoning requirement due to a health, safety or welfare concern:
      1. Height;
      2. Setbacks; and
      3. Site plan approval in accordance with paragraph C of this section. 
3. All applications for building permits for any construction, excluding interior remodels or maintenance that do not affect the footprint of the structure, shall be accompanied by:
   1. A plot plan drawn to scale showing the actual dimensions of the lot to be built upon, the size and location of existing structures, structures to be erected and existing structures on adjacent property, and such other information as may be deemed necessary by the building inspector or the planning department for the enforcement of this title.
   2. When property boundaries are unclear or undetermined, 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.
   3. When the road upon which the lot has frontage is unimproved, or the boundaries of said road are not clearly ascertainable, or there is any question by the building inspector, engineering department, or the planning department, of whether the actual road is within the platted right of way, a certified survey of the road showing any conflict with actual and platted right of way, overlaps or discrepancies between the legal description, and any existing fence lines, is required.

1. Permits shall not be granted for the construction, reconstruction or alteration of any building or structure, or for the moving of a building onto a lot, or for the change of the use of any land, building or structure if such construction, alteration, moving or change in use violates any of the provisions of Wasatch County Code, including, without limitation, Title 14 of the Wasatch County Code.
2. No sewer service line and/or wastewater treatment facility, no water service line and/or water facility, or electrical utilities shall be installed to serve such premises if such use violates this title. 

At the request of an applicant, after payment of the appropriate fee, the planning staff may issue a land use verification letter, which determines the current standing of the property as to zoning, whether a requested use is permitted in the zone as of the date of the issuance of the land use verification letter, and known issues that relate to the potential for building on the property. Land use verification letters are based on the current ordinance and may be subject to change with future amendments to the land use code. 

1. Unlawful To Occupy: It shall be unlawful to use or occupy, or to permit the use or occupancy of, any building or premises until a certificate of occupancy and land use compliance shall have been issued for the premises and/or building by Wasatch County. It shall also be unlawful to occupy any building which has greater intensity of use or different occupancy than provided for specifically in the certificate of occupancy and land use compliance.
2. Issuance Of Certificates: A certificate of occupancy and land use compliance is required to be issued by the planning department of Wasatch County at the time a building is completed and final inspection granted by the building inspection department. In addition, a new certificate shall be required at any time the occupancy of the building changes to a more intensive use or that the number of occupants in an apartment building or multiple residential building increases more than five percent (5%) above the number declared in the previously issued certificate.
3. Information Required On Certificates: The following information shall be made a part of any application for a certificate of occupancy and land use compliance issued by the Wasatch County planning department:
   1. Residential Certificates:
      1. The number of residential units in the building or buildings. (If there is more than 1 building, the number of units should be listed separately for each building.)
      2. Number of families residing or anticipated to live in the building.
      3. The number of legal off street parking spaces, sized to conform to this title and being provided on the premises.
      4. A notice directed to the owner of the building or premises that any change in the intensity of use of the building or premises, or an increase of more than five percent (5%) in the number of occupants in an apartment building or multiple residential building, will require the issuance of a new certificate.
         
      5. A residential Certificate of Occupancy that contains the above information and meets with the current standards may be recorded.
         
   2. Commercial, Industrial And Institutional Certificates:
      1. The proposed maximum number of employees on the premises.
      2. The number of off street parking spaces sized to conform to this title and provided for employees on the site.
      3. The number of off street parking spaces sized to conform to this title and provided for customers or visitors.
      4. The number and type of restroom facilities provided.
      5. The square foot area within the building used for each separate type of occupancy.
      6. A signed certificate by the owner of the building or premises, or his authorized agent, stating that the information and conditions set forth in the application are true and will be maintained upon the site in this condition.
      7. A notice directed to the owner of the premises that a change in intensity of use of more than five percent (5%) increase in the intended occupancy of the building will require the issuance of a new certificate. 

1. Any act which constitutes a nuisance or public nuisance under state law;
2. Engaging in a use or activity that is not permitted in the zone where the use or activity is located;
3. The occupation of any building or structure for which a certificate of occupancy and land use compliance has not been issued; and
4. The occupation or use of a building or structure with a greater density or intensity of use than is permitted in the certificate of occupancy and land use compliance. 

Building permits or certificates of occupancy and land use compliance, issued on the basis of plans and specifications approved by the building inspector, authorizes only the use, arrangement and construction set forth in the approved application, plans and specifications, and no other use, arrangement or construction. The 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 section 16.01.15 of this chapter. 

1. Responsibility For Violation Of Title: Anyone found to have committed a zoning violation is a responsible person and is responsible for correcting zoning violations under this title. In the event a responsible person cannot be ascertained after the exercise of due diligence, the county may also institute proceedings as allowed by this section or law against the property on which a zoning violation has been committed.
2. Finding Of Zoning Violation: If, after conducting an investigation, the enforcement officer has determined that a zoning violation exists, the enforcement officer shall attempt to have the responsible person correct the violation in accordance with this section. The officer may pursue any remedy or combination of remedies available pursuant to this title, state law or common law in order to correct the violation. Nothing in this section shall be interpreted to prohibit the county from engaging in its standard prosecution practices without first having to comply with the provisions of this section. In the event a responsible person cannot be ascertained, the county shall post notice on the property on which a zoning violation has been committed and may institute proceedings against the property itself as allowed by law.
3. Notice Of Zoning Violation:
   1. Except as otherwise provided by this title or county ordinance, whenever a zoning violation is found to exist, the enforcement officer shall first serve written notice to the responsible person before other remedies in this section are taken. The notice of zoning violation shall contain:
      1. The location of the zoning violation, if the same is stationary;
      2. A description of what constitutes the zoning violation;
      3. A list of the acts necessary to correct the zoning violation ("corrective action");
      4. The warning period, including the completion date, in which the responsible person may cure the violation before civil fines are assessed for the violation;
      5. A statement of the actions the county will take if the violation is not corrected within the warning period; and
      6. A statement that the responsible person may enter into a voluntary correction agreement during the warning period to prevent further action by the county.
   2. The written notice shall be delivered personally or sent via registered mail to the responsible person's address, as shown on the records of the county recorder, and to any other person who may be responsible for the violation.
   3. The written notice shall serve to start any warning periods provided in this section, commencing upon receipt of notice. If the violation remains uncured once the warning period expires, the civil penalties shall begin to accrue in accordance with this section.
   4. In cases where the enforcement officer determines that a delay of enforcement would pose a danger to the public health, safety or welfare, or would otherwise compromise the effective enforcement of this title, the enforcement officer may seek immediate enforcement under subsection F2 of this section without prior written notice.
4. Civil Fines:
   1. Civil fines shall be assessed to the responsible person for uncorrected zoning violations beginning on the following day after the completion date as stated in either the notice of zoning violation or the voluntary correction agreement. The amount of such fine shall be fifty dollars ($50.00) for each day the zoning violation continues after the completion date.
   2. Daily Violation: Each day a violation is continued or maintained after the completion date shall give rise to a separate civil fine. All applicable fines shall cease the following day after the enforcement officer receives written notice from the responsible person that the corrective action is complete. Within five (5) business days, the enforcement officer shall inspect and pass off the corrective action as completed, and, if not completed, fines shall be applied retroactively to the date notification was received and shall continue to accrue in accordance with this section.
   3. The civil fine shall be cumulative and may not be waived by the enforcement officer. Payment of a civil fine pursuant to this section does not relieve the responsible person from the duty to correct the zoning violation. The civil fine constitutes a personal obligation of the responsible person. Any civil fine assessed must be paid to the county within thirty (30) calendar days of incurrence.
   4. The county attorney's office, upon approval by the county manager, is authorized to take appropriate action to negotiate the amount of the civil fine, collect the fine, determine the time period in which the fine shall be paid, and take any other action necessary to resolve the fine.
   5. Collection: The county is authorized to take appropriate action to collect the civil fines by any and all appropriate means, whether in personam or in rem. The county may collect reasonable attorney fees and costs incurred in collecting the civil fine where allowed by law. The county may collect pre- and post-judgment interest on such civil fines.
   6. The incurrence of civil fines under this section shall not limit the available remedies of the enforcement officer or the county attorney's office under this section.
5. Voluntary Correction Agreement: The enforcement officer may enter into a voluntary correction agreement with the responsible person. A voluntary correction agreement is a contract between the county and responsible person in which the responsible person agrees to correct the zoning violation within a specified time and according to specified conditions. If the responsible person complies with the terms of the agreement, the county will take no further actions against the responsible person, unless the zoning violation recurs. This option is a privilege and not a right, and, if the circumstances warrant, the enforcement officer may choose to correct the zoning violation using one or more of the other procedures set forth in this title or law.
   1. Contents: The agreement shall contain the following:
      1. The name and address of the responsible person;
      2. The street address of the zoning violation, or a description sufficient to identify the building, structure, premises or land upon or within which the zoning violation exists;
      3. A description of the zoning violation;
      4. The necessary corrective action to be taken, and a date or time by which correction or abatement must be completed ("completion date"). The completion date shall not be longer than six (6) months from the date the agreement is entered into;
      5. An agreement by the responsible person that the county may inspect the premises as may be necessary to determine compliance with the voluntary correction agreement;
      6. An agreement by the responsible person that, if the terms of the agreement are not met, the county may:
         1. Issue a civil fine or criminal citation;
         2. Correct the zoning violation, recover its costs and expenses, and place a lien on the property; and/or
         3. Pursue any other legal remedy available;
      7. An agreement by the responsible person acknowledging that he/she waives the right to appeal the enforcement officer's finding that a zoning violation exists and the right to appeal the specific corrective action required by the voluntary correction agreement; and
      8. An acknowledgement by the responsible person that failure to comply with the voluntary correction agreement may be grounds for criminal prosecution.
   2. Extension Of Time: The enforcement officer may grant an extension of time for correcting the zoning violation pursuant to the voluntary correction agreement if the responsible person has shown due diligence and/or substantial progress in abating the zoning violation but unforeseen circumstances render correction or abatement under the original conditions unattainable.
   3. Temporary Stay: The enforcement officer will delay further enforcement actions and monetary fines will be temporarily suspended once an agreement is entered into. However, the responsible person shall still be liable for any accrued fines.
   4. Failure To Comply: Failure to complete the corrective action by the completion date shall constitute a separate violation and shall be handled in accordance with this section, except that no further notice need be given before enforcement proceedings are initiated. The county may proceed on the violation pertaining to failure to comply with the voluntary correction agreement and/or the original zoning violation. Monetary fines shall continue or initiate the following day after the completion date.
6. Abatement By County:
   1. Once the enforcement officer has exercised due diligence in obtaining compliance from the responsible person in accordance with this section and this title, and the responsible person fails to correct the violation, the county is authorized to enter upon the subject property and remove, correct or abate the condition which is subject to the zoning violation. The county shall mail the responsible person an itemized statement of all expenses incurred in the removal and destruction and request payment within sixty (60) days. The county may, but is not required to, seek judicial process as it deems necessary to effect the removal, correction or abatement of such condition.
   2. Emergency Abatement: Whenever a zoning violation constitutes an immediate and emergent threat to the public health, safety or welfare, or to the environment, the county, when feasible and allowed by law, may summarily and without prior notice correct or abate the condition. Notice of such abatement, including the reason for it, shall be given to the responsible person as soon as reasonably possible after the correction or abatement.
   3. Confiscation Of Property: During an abatement proceeding, any personal property constituting a zoning violation may be confiscated as part of the abatement process. Any property that has been confiscated will be held pending resolution of the violation. The owner may recover the property upon showing that the zoning violation has been corrected or that substantial efforts, as determined by the enforcement officer, have been made to correct the zoning violation; provided, however, that the property owner pay the cost of storage of the property. If, after ninety (90) days of the property being confiscated, the property owner fails to claim the confiscated property, and after the county complies with the requirements of Utah Code Annotated section 77-24a-5, as currently amended, the county may dispose of the property, including sale at auction, disposal, etc., and seek to collect the cost of storage from the property owner. The county may also pursue any other remedy as allowed by law.
   4. Costs Declared Lien: Any and all costs incurred by the county in the abatement of a zoning violation under the provisions of this title or other county ordinance shall constitute a lien against the property upon which such zoning violation existed, which lien shall be filed, proven and collected as provided for by law. Such lien shall be notice to all persons from the time of its recording and shall bear interest at the legal rate thereafter until satisfied.
   5. County Not Civilly Liable: Neither the county, nor its officers, agents and employees, shall be civilly liable to any responsible person for the abatement of a zoning violation or to any other person for the failure to abate a zoning violation.
7. Civil Enforcement: Appropriate actions and proceedings may be taken by the county in law or in equity to prevent any violation of this title, to prevent unlawful construction, to recover damages, including the cost, if any, of correcting the zoning violation, to restrain, correct or abate a violation, and to prevent illegal occupancy of a building, structure or premises.
8. Nonexclusive Remedies, Building Permits, Etc.: The county may take any or all of the actions listed in this title to abate, enjoin or correct a zoning violation, to punish any person or entity that creates, causes or allows a zoning violation to exist, and to recover damages for violation of this title or other county zoning ordinances. The abatement of a zoning violation does not prejudice the right of the county or any person to recover damages or penalties for its past existence. Notwithstanding the procedures outlined in this section, the county may enforce this title and other zoning violations through the withholding of building permits and revocation of development approvals, permits and licenses. The county may also withhold building permits for the construction of buildings or structures located on lots subdivided or sold in violation of the provisions of this title and refuse to issue certificates of occupancy or to extend roads or other facilities or service to any parcel created in violation of this title.
9. Appeals to Appeals Hearing Officer Of Civil Fines Under This Section:
   1. Any person receiving a civil fine pursuant to this section may appeal the citation to the Appeals Hearing Officer. No action of the appeals hearing officer shall relieve the responsible person from complying with any of the provisions of this title.
   2. Defenses: The burden to prove any defense shall be upon the person raising such defense. Only the following defenses may be raised on appeal:
      1. The person charged is not the responsible person.
      2. The condition described as a zoning violation is not a zoning violation.
      3. The method required to correct the zoning violation is inappropriate or not the most cost effective method of effectively correcting or abating the zoning violation.
      4. The time period given to correct the zoning violating is unreasonable.
      5. The enforcement officer refused to approve a corrective action that met the requirements of the notice of zoning violation, voluntary correction agreement or county ordinances.
      6. The requirements imposed violate the responsible person's constitutional rights.
      7. Compliance would cause the responsible person to violate the law.
      8. Compliance would cause an imminent and irreparable injury to persons or property.
   3. Appeal Of Civil Fines Issued Pursuant To Voluntary Correction Agreement: Having waived such defenses, a responsible person who violates a voluntary correction agreement may not raise a defense asserting that a zoning violation does not exist and the specific corrective action required by the voluntary correction agreement is inappropriate.
   4. Exception To The Automatic Stay: If the appellant has not shown due diligence and/or substantial progress in abating the zoning violation, or has made no attempt to correct the zoning violation, the filing of an appeal will not prevent the enforcement officer from responding to the property on reports of new zoning violations.
   5. Site Visits: The appeals hearing officer may, with or without the parties present, visit the site of the alleged zoning violation. If one party is allowed to present at the site visit, the other party must also be invited and allowed to be present.
   6. Authority of Appeals Hearing Officer: The appeals hearing officer shall have the authority to affirm, vacate or modify the corrective action. If the appellant fails to attend the hearing, the hearing officer shall affirm the enforcement officer's decision. The hearing officer shall not vacate any decision of the enforcement officer unless it finds that the county has not met its burden of proof. The hearing officer may modify the decision of the enforcement officer's corrective action if it finds that a zoning violation exists, but that one or more of the requirements are improper or inappropriate. A requirement is inappropriate if the hearing officer finds that there are better means of resolving the problem or that the proposed solution is inappropriate given the nature of severity of the problem. When determining whether to waive or modify a requirement, the hearing officer shall also consider;
      1. Whether the appellant responded to the enforcement officer's attempts to contract him/her and cooperated with efforts to correct the violation;
      2. Whether the appellant has shown due diligence and/or substantial progress in correcting or abating the zoning violation;
      3. The financial ability of the appellant and the amount, if any, that the appellant has benefited financially by maintaining the zoning violation; and
      4. Any other relevant factor.
   7. Factors In Determining The Appropriate Fine Amount: In determining the appropriateness of a monetary fine, the hearing officer shall consider the following factors:
      1. The responsible person's financial circumstances;
      2. The responsible person's physical ability to correct the zoning violation;
      3. The responsible person's mental ability to comprehend the scope of the zoning violation and mental ability to abate the zoning violation.
   8. Payment Of Fine: The appeals hearing officer may, in the interest of justice and on behalf of the county, enter into an agreement for the timely or periodic payment of the applicable civil fine.

It shall be unlawful and declared a zoning violation for any responsible person to use any land, building or structure for a purpose or use not allowed in the zone in which such land, building or structure is located, or to violate any of the provisions of this title. Any responsible person, committing a zoning violation or violating or causing the violation of the provisions of this title, shall be guilty of a class C misdemeanor and, upon conviction thereof, may be punished by a fine of not more than seven hundred fifty dollars ($750.00) per offense, or by imprisonment in the county jail for a period not more than ninety (90) days, or by a combination of said fine and imprisonment. Any responsible person committing a zoning violation or violating or causing the violation of the provisions of this title shall also be responsible for the civil penalties under this title. Each and every day a violation occurs shall constitute a separate offense. 

1. Except as provided in Subsection F of this Section, if within twelve (12) months after a complete application has been submitted pursuant to the requirements of this Title, the applicant fails to receive approval of the application, the application shall expire and any vested right to proceed with the application shall terminate.
2. General Approvals: All approvals granted pursuant to this land use and development code shall expire one hundred eighty (180) days after such approval is given, unless another expiration is provided for a specific application or approval.
   
3. Master Plan, Physical Constraints, Density Determination, or Concept Plan: Except as provided in Subsection F of this Section, Master Plan, Physical Constraints, Density Determination, and/or Concept Plan approval of developments shall expire if application for preliminary or phased preliminary plan application has not been submitted for consideration and diligently advanced within five years from the date of receiving master plan, physical constraints, density determination, and/or concept plan approval. Projects that have already been approved prior to the effective date of this ordinance shall have at least until July 1, 2020 to file a preliminary application or a phased preliminary plan application, and advance applications and approvals as required to avoid the expiration of the approvals.
   1. Projects with an approved phased preliminary plan application: Phased preliminary applications must be advanced within the timelines of the phased preliminary plan approval, which shall not be for more than 5 years between each preliminary application, and may not be for more than 20 years from the preliminary plan approval, or the approvals expire.
   2. Exception for Projects with Water Reservations: Projects that have had Master Plan, Physical Constraints, and Density Determination granted, have maintained these approvals, and so long as they have entered into an agreement with a Special Service District to reserve water, have paid all fees to maintain the water reservation, and the water reservation remains in effect through the Special Service District, that project shall have not less than until July 1, 2025 to file a preliminary application or a phased preliminary application, and advance applications and approvals as required to avoid the expiration of the approvals. The burden shall be on the applicant to prove they qualify for this exception as part of their application for Preliminary.
4. Preliminary Development Approvals: Except as provided in Subsection F of this Section, preliminary approvals of developments shall expire if an application for final approval has not been submitted for consideration within one year from the date of receiving preliminary approval. Preliminary approval also expires if a preliminary approval that has been approved for multiple final approvals does not apply for an additional final approval at least five years after the last final plat on the project was recorded, or if more than ten years have passed since the preliminary approval was granted, whichever is earlier.
5. Final Development Approvals: Except as provided in Subsection F of this Section, final approval of development shall expire if the plat is not recorded, or an engineering development permit for the construction of improvements has not been obtained within one year from the date of receipt of final approval by the planning commission. If an engineering development permit is obtained and construction commenced prior to recording a plat, the plat must be recorded within one hundred eighty (180) days of the final completion as determined by the County Engineer.
6. Upon written request of an applicant, the expiration date of an application or its approval, as the case may be, may be extended for ninety (90) days beyond the expiration date provided that:
   1. an application for an extension of time is submitted prior to the expiration date; and
   2. the Planning Commission or its designee finds, based on substantial evidence placed in the record:
      1. Substantial progress is being made toward obtaining approval of the application, or the exercise of development rights authorized by an approved application, as the case may be;
      2. In the case of an unapproved application, no changes to this Title have occurred or are being considered that may affect the application; and
      3. In the case of an approved application, any conditions of approval are still viable based on currently applicable requirements of the Wasatch County Code.
   3. In no case shall the time period be extended for more than twelve (12) months from the original expiration.
   4. If a property owner has a development approval, and they make a new land use application that requires a consequential change from the development approval, the development approval will not be granted any extensions and will expire if not pursued within the existing expiration date. Furthermore, if the new land use application is approved, the previous development approval is deemed to have been withdrawn by the applicant.
      
7. Any time any approval expires under this section, all prior approvals which were necessary to receive that now expired approval also expires, as the applicant has not implemented the approval with reasonable diligence.
   
8. Recorded final plats and that portion of those approvals which were necessary for the final plat to be approved and recorded do not expire as a result of this Section 16.01.16.
9. An applicant whose application has been approved shall continually conform to all conditions of approval. An applicant's failure to do so shall constitute the applicant's knowing and willful waiver of the applicant's development rights authorized by such application.
10. Expirations of applications or approvals are administered and determined by the planning director, or their designee. Notice of expiration is not required to be generated or sent by the County.
    

Enforcement of private covenants, conditions and restrictions shall not be the responsibility of Wasatch County. 

Uses which were commenced legally prior to the adoption of this title, or for which permits were properly issued and are acted upon in a timely manner, shall, to the extent they do not conform to this title, be considered as nonconforming uses, and shall not be affected hereby. Uses, which were unlawful prior to the enactment of this title, shall not become legal by the enactment of this title. 

Any computation or measurement resulting in a fractional number shall be rounded down to the next smaller whole number. For example twenty three and three-fourths inches (23.75") would be rounded down to twenty three inches (23"). 

Any application for approval by the planning staff, planning commission or county council shall not be considered complete or accepted until the applicant has submitted a complete application, including payment of all fees as required by title. Fees paid shall be nonrefundable. Payment of the appropriate fee is no guarantee that the proposal will be approved. 

Should any section, paragraph, sentence, clause or phrase of this title be declared unconstitutional or invalid for any reason, the remainder of this title shall not be affected thereby. 

The provisions of this title are in addition to all other county ordinances, the laws of the state of Utah, and the laws of the United States. This title shall not supersede any private land use regulations in deeds or covenants, which are more restrictive than this title. Whenever a conflict exists between this title and state or federal laws or private land use regulations in deeds or covenants, the more restrictive provision shall apply to the extent allowed by law. The more specific provisions of this title, dealing with specific zones, subdivision types and types of uses, shall prevail over general provisions. 

It is the intent of the Wasatch County legislative body that the provisions of this title may become and be made part of a county code as adopted; and that sections of this title may be renumbered or relettered and the word ordinance may be changed to section, chapter or other such appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Wasatch County code is accomplished, sections of the title may be renumbered or relettered and typographical errors which do not affect the intent may be authorized by the county without need of public hearing by filing a corrected or recodified copy of the same with the Wasatch County clerk office.