A designated city official, appointed pursuant to city policy and procedures, shall be the official charged with the administration and enforcement of this title. (Ord. 89-5, 3-1-1989)

Except for buildings and structures that are exempt from the requirement of a building permit according to the building codes adopted by the city, no person, firm or corporation, or the agent of either, shall erect, construct, reconstruct, alter, repair or remove any building or other structure in the city without having first obtained a building permit from the designated city official charged with the administration and enforcement of the building codes adopted by the city. (Ord. 2004-18, 6-9-2004)

The city official charged with the administration and enforcement of this title, or any other city official, shall not grant a permit for the erection, construction, reconstruction or alteration of any building or structure if such building or structure would be in violation of any provision of this title. Any permit granted in violation of this or any other applicable city ordinance shall be null and void. (Ord. 89-5, 3-1-1989)

The designated city official charged with the administration and enforcement of this title is hereby authorized to inspect, or cause to be inspected, all buildings or structures in the course of erection, construction, reconstruction or alteration and to inspect land uses to determine compliance with the provisions of this title. The designated city official shall have the right to enter the premises for the purpose of determining compliance with the provisions of this title; provided, that such entry shall be exercised only at reasonable hours and that in no case shall entry be made to any occupied building in the absence of the owner or a tenant thereof without the written permission of the owner or the written order of a court of competent jurisdiction. If the designated city official determines that this title is not being complied with, or if the designated city official is refused reasonable entry to inspect the premises, the designated city official may order the construction, erection, reconstruction or alteration to cease immediately, by the issue of a stop order on a form to be approved by the city council. Any person, firm, corporation, agent or employee who wilfully continues to construct, reconstruct, erect or alter after having received notice of the stop order, unless authorized by the designated city official, shall, upon conviction, be guilty of a class C misdemeanor, subject to penalty as provided in section 1-4-1 of this code, for each day that the person continues to construct, erect or alter on the premises. (Ord. 89-5, 3-1-1989; amd. 2007 Code)

Fees may be charged to applicants for zone changes, conditional use permits, design review, sign permit review, overlay zone review, temporary use permit review, planned unit development review, planned community development review, annexations, planning commission and board of adjustment meetings, and other such services as are required by this title to be performed by public officers or agencies. Such fees shall be established by the city council by resolution and shall be in such amounts reasonably necessary to defray costs to the public. (Ord. 2004-18, 6-9-2004)

All departments, officials and public employees of the city which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title and shall issue no permit or license for uses, buildings or purposes where the same would be in conflict with the provisions of this title. Any such permits or licenses so issued shall be null and void. (Ord. 89-5, 3-1-1989)

   A.   Pursuant to Utah Code Annotated, this title, including the official zoning map, may be amended from time to time by the city council after proper notice (as per Utah Code Annotated), and following a public hearing. A completed application, along with all required exhibits and studies, including the description of the land subject to amendment or change (the “subject land”), shall be submitted to the community development department by the approved meeting schedule cutoff date prior to the regularly scheduled meeting of the planning commission, at which the application is to be first considered.

   B.   After the application is reviewed and recommended by the planning commission, the application shall be submitted to the city council. The city council may accept, modify or deny the recommendation of the planning commission.

   C.   Written notices of the planning commission or city council public hearings (“public hearing notices”) shall be mailed via U.S. postal service, standard postage prepaid, to the owner(s) of record of parcels of land appearing on the latest ownership plats maintained in the Washington County recorder’s office (“adjacent owners”), according to the following:

      1.   To the mailing address (as provided in the county recorder’s office ownership plats) of each adjacent owner whose parcel is located within a three hundred foot (300') radius as measured from any point on the real property boundary line of the subject land; and

      2.   The owner(s) of record (with identical mailing address information) of more than one parcel of land within the public hearing notice provisions of this section, shall be entitled to, and considered to be, only one public hearing notice hereunder; and

      3.   To the extent that fewer than thirty (30) public hearing notices have been identified/mailed pursuant to this section, additional public hearing notices shall be mailed to the owners of record of the next nearest parcels of land (extending concentrically outward) until thirty (30) public hearing notices have been identified/mailed

      4.   It shall be the responsibility of the applicant for such action to provide two (2) sets of address labels necessary to provide the public hearing notices as well as a list showing the names and addresses of all property owners being notified pursuant to subsection C of this section. All costs incurred by the city in processing a zone change or amendment shall be the responsibility of the person requesting such zone change or amendment. (Ord. 2016-11, 4-13-2016; amd. Ord. 2021-35, 8-11-2021; Ord. 2022-55, 10-12-2022)

The city or any owner of real estate within a zoning district in which a building or structure is being erected, constructed, reconstructed, altered or used in violation of this title may, in addition to other remedies provided by law, institute injunctions, mandamus, abatement or other appropriate action or actions, proceeding or proceedings, to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration or maintenance of such use. (Ord. 2004-18, 6-9-2004)

Any person, firm or corporation, whether as principal, agent employee or otherwise, violating or causing or permitting the violation of the provisions of this title, shall be guilty of a class C misdemeanor, subject to penalty as provided in section 1-4-1 of this code. Any such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this ordinance is committed, continues or is permitted by such person, firm or corporation. (Ord. 89-5, 3-1-1989; amd. 2007 Code)

The sections, subsections, paragraphs, clauses and phrases of this title are severable, and if any section, subsection, paragraph, clause or phrase of this title shall be declared unconstitutional or without effect by any final judgment or decree of a court of competent jurisdiction, such judgment or decree shall not affect any of the remaining phrases, clauses or paragraphs. (Ord. 2004-18, 6-9-2004)

   A.   Land, buildings and premises in any zone shall hereafter be used only for the purposes listed herein as permitted in that zone and in accordance with the regulations herein established for that zone. A certificate of occupancy shall be issued by the designated city official charged with the administration and enforcement of this title to the effect that the use and/or building or premises conforms to the provisions of this and related ordinances prior to the occupancy of any building hereafter erected, enlarged or structurally altered. A certificate of occupancy shall also be issued when any vacant land is hereafter proposed to be occupied or used, except for permitted agricultural uses. Such certificate of occupancy shall also be issued whenever the character or use of any building or land is proposed to be changed from one use to another use.

   B.   Upon written request from the owner, such a certificate of occupancy shall be issued covering any lawful use of a building or premises existing on the effective date hereof, including nonconforming buildings and uses. (Ord. 89-5, 3-1-1989)