Chapter 10.04 - Administration


City Code :: Elwood Town Ordinance :: Chapter 10.04 - Administration

Chapter
4PLANNING COMMISSION
The regulations set forth in this chapter describe the Planning Commission and its membershipfunction and responsibilities in administering and interpreting the Elwood City Land Management andDevelopment Code.
Contents of this chapter
4.1Establishment of the Planning Commission . . . . . . . . . . . . . . . . . . . . . . . . . 2
4.2Terms and Eligibility of Members . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 2
4.3Powers and Duties . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
4.4Organization & Rules of Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4.4.1Meetings & Rules of Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4.4.2Quorum . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4.5Conformance with General Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4.6Conflicts Within the Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
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Chapter 4
PLANNING COMMISSION
4.1ESTABLISHMENT OF THE PLANNING COMMISSION
There is created a Planning Commission to be composed of five voting members and may appoint onealternate member. Members of the Planning Commission shall be appointed by the Mayor with theadvice and consent of the City Council. The alternate members shall be utilized as voting memberswhen needed to maintain a quorum. Appointments to the Planning Commission shall be made on abasis which fairly represents the interests of all residents of Elwood City. Members and alternatemembers will be given copies of the Elwood City General Plan and the Elwood City LandManagement and Development Code.
The City Council may fix per diem compensation for the members and alternate members of thePlanning Commission, based on necessary and reasonable expenses and on meetings actually attended.
4.2TERMS AND ELIGIBILITY OF MEMBERS
The Planning Commission members shall consist of residents who own a primary residence and/orproperty within Elwood City and shall have resided within the City for at least ninety (90) days priorto being appointed. Members are deemed to have resigned when they move their residences outsidethe City limits. At least three of the five members shall hold no other public office or position withinElwood City.
Members of the Planning Commission shall serve terms of five years. Members shall be appointedevery year in December of the year of the expiration. The terms shall be staggered so that onemember shall be appointed each year. Terms may expire on the last day of the year, but members onthe Planning Commission shall continue to serve until their successors are appointed and qualified. The Mayor shall appoint a new Planning Commission member to fill vacancies that might arise andsuch appointments shall be to the end of the vacating member’s term.
Alternate members of the Planning Commission shall serve a three year term. Terms will end inDecember of the year of expiration, but the members shall continue to serve until their successors areappointed and qualified.
Minutes of the monthly meetings will be given to the alternate member so that they can be aware ofthe actions of the Planning Commission. New members and alternate member will be required toreceive training from the Planning Commission chairperson. Alternate member shall attend onemeeting after being appointed, and thereafter will need only to attend commission meetings onrequest. Regular members of the Planning Commission should give at least 48 hour notice to thealternate members, when needed.
The Planning Commission existing at the time of passage of this ordinance shall continue to serve,and the terms of its members shall be fixed by the City Council in such a manner as to comply withthe above provision of staggering terms of service.
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There is no limit to the number of terms a member may serve. Upon a majority vote in a publicmeeting, the City Council may remove from office any member or alternate member of the PlanningCommission for non-performance of duty or misconduct. Non excused absence from threeconsecutive regular Planning Commission meetings or a total of four meetings in a calendar year shallconstitute non-performance of duty. Misconduct is failure to follow the Ethics Act and/or failure tofollow state and local laws.
4.3POWERS AND DUTIES
The Planning Commission shall have authority to:
1.
Prepare and recommend a general plan and amendments to the general plan to the CityCouncil;
2.
Prepare and recommend to the City Council, land codes and maps, which conform to theprovisions of the general plan adopted by the City Council;
3.
Administer provisions of the land codes, where specifically provided for in the land codeordinance adopted by the City Council;
a.
Review and consider applications for all subdivisions and recommend Final Platapproval, denial, or approval with conditions to the City Council.
b.
Conduct such public hearings as required by law or as may be deemed necessaryby the Planning Commission.
c.
Hear and decide any matters that the City Council designates, including:
i.
the approval or denial of Conditional Use permits
ii.
determine the existence, expansion, modification, etc. of non-conforming uses and non-complying structures
iii. Official classification, sketch plat and preliminary plat approval of subdivisions
4. Prepare and recommend to the City Council, subdivision regulations and amendments tothose regulations, which conform to the provisions of the general plan adopted by the CityCouncil;
5. Prepare an application process that:
a.may include a designation of routine land use matters that, upon application andproper notice, will receive streamlined review and action if the application isuncontested; and
b.shall protect the right of each:
i.Applicant and third party to require formal consideration of anyapplication by a land use authority;
ii.Applicant, adversely affected party, or municipal officer or employee toappeal a land use authority’s decision to a separate appeal authority; and
iii.Participant to be heard in each public hearing on a contested application.
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6.Employ experts and a staff as may be reasonable and necessary for carrying out the dutiesof the Planning Commission, but not in excess of such sums as may be appropriated by theCity Council and/or which may be placed at the disposal of the Planning Commission by giftor otherwise.
7.Enter upon any land, public or private, at reasonable times to make examinations or surveyspertinent to the preparation of its general plan; or preparation of its land use ordinances.
8.Advise on Annexation Applications
9.Advise on Annexation Policy Plan
10.Advise on Amendments to platted streets
11.Recommend subdivision plat changes
12.Exercise other powers that are necessary to enable it to perform its function pursuant to Title10, Utah Code Annotated or that are delegated to it by the City Council.
4.4ORGANIZATION & RULES of PROCEDURE
The Planning Commission shall adopt such rules that it deems necessary for the conduct of itsproceedings. Meetings of the Commission shall be held at the call of the Chairperson or two (2)commission members and at such times as the Planning Commission may determine. The PlanningCommission shall keep minutes of its proceedings, showing the vote of each member upon eachquestion, or if absent or failing to vote, indicating such fact, and shall keep records of its examinationsand other official actions all of which shall immediately be filed in the office of the city recorder andshall be a public record. All meetings shall be recorded and shall be kept as required by Utah Code.
The Planning Commission at their regular meeting in January of each year shall elect from among itsmembers a Chairperson and Vice Chairperson, whose terms shall be one year. Any member may bere-elected for an additional term as Chairperson or Vice Chairperson. There is no limit to the numberof terms a member may serve as Chairperson or Vice Chairperson. If for any reason the position ofChairperson or Vice Chairperson is vacated before the elected member’s term has expired, thePlanning Commission shall elect from among its members a successor, who shall serve for theremainder of the unexpired term. The Chair will direct or may designate a commission member,usually the Vice Chair, to direct commission meetings. The Chair or designee may participate in anydiscussion but shall have no vote except in case of a tie vote by the members of the Commission. Thechair must vote if only three voting Planning Commission members are present (including the chair)at any given meeting.
The Planning Commission may appoint a secretary to keep minutes, post agendas of meetings and/orhearings and further assist the Commission as needed. The Secretary may be paid for servicesrendered as agreed upon by the City Council.
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4.4.1MEETINGS & Procedures
The Planning Commission shall meet as necessary and at such times as the PlanningCommission may determine. Regular scheduled meetings shall be held at the Elwood City Hall or other places if circumstances require it. Meetings shall be held in accordance withthe provisions of Title 52, chapter 4, Utah Code as amended, or any successor statute enactedin its place. The commission will be familiar with and abide by the rules set forth in theMunicipal Officers’ and Employees’ Ethics Act Utah Code 10-3-1301 et seq.
Agenda: An agenda shall be prepared, posted and followed;
Any item to be considered must be communicated to the Planning Commission Secretary atlease forty-eight (48) hours prior to a scheduled meeting along with any supporting materialsto be considered for placement on the agenda;
Agenda items shall be restricted to those matters approved by the Chairperson or twomembers of the planning commission;
All items to be considered and voted on must be on the agenda;
Matters not on the agenda that are raised during a meeting may be discussed but no decisionmay be called for or voted on; Meeting agendas must be posted at least 24 hours prior to themeeting at the building where the meeting is to be held, on the Utah Public Notice Website or three public locations.
Opening Ceremony: Planning Commission meetings may start with the Pledge of Allegiance,an opening prayer, or other ceremony.
Conducting the Meeting: The Chairperson ( or his/her designee; generally the ViceChairperson) will conduct Commission meetings; The Chairperson is to maintain control ofthe meeting and to expect that those in attendance conduct themselves in an orderly fashion;The Chairperson has the right to ask someone to leave the meeting, or to have someoneremoved for disorderly conduct.
Procedure – Motions: Any Commissioner, except the Chairperson, may make or second amotion; The minutes of the meeting should reflect findings or reasons for the motion;Motions should be clear and brief as possible; A motion to table an agenda item for furtherstudy should be accompanied by a specific reason for continuing the matter and wheneverpossible, a specific date to rehear the matter should be scheduled; A motion for a recess shallbe permitted for a specific purpose while also stipulating a specific time to reconvene themeeting, the time to reconvene must be during the meeting in which the motion to recess wasmade; A motion to adjourn the meeting is made at the end of each Planning Commissionmeeting, unless adjourning is on the agenda then the meeting can be adjourned without amotion, a second is required and a voted taken before the meeting is adjourned.
Conflict of Interest: If the member feels he/she must abstain from voting on a matter, thenhe/she shall not participate in the discussion/deliberation unless requested by anothermember of the Planning Commission.
Citizen Input: The Chairperson may allow for a time at the end of the agenda or during themeeting for citizen input or comment on items not on the agenda; Time may be limited to nomore than five (5) minutes per topic.
The Zoning Administrator shall attend the Planning Commission meetings as well as assistand advise the commission when necessary.
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4.4.2QUORUM
Three (3) members of the Planning Commission shall constitute a quorum. An alternatemember may be counted as part of the membership for a quorum. A majority of the votingmembers present at a meeting at which a quorum is present shall be required for any action. No less than three (3) yes votes are required for passage of any action.
4.5CONFORMANCE WITH GENERAL PLAN
Upon adoption of the general plan by the City Council, thereafter, no street, park or other public way,ground, place or space: no public building or structure; and no public utility, whether publicly orprivately owned, shall be constructed or authorized until and unless the location and extent thereofshall conform to the general plan, and shall have been submitted to and approved by the PlanningCommission. In the case of disapproval, the Planning Commission shall communicate its reasons tothe City Council, which may, by a vote of not less than a majority of its entire membership, overrulesuch disapproval.
The widening, narrowing, extension, relocation, removal, vacation, abandonment, change of use,acceptance, acquisition, sale, or lease of any land, street or public way, or any property or structureshall be subject to similar submission to, and approval by, the Planning Commission. Disapprovalmay be similarly overruled. Failure by the Planning Commission to act to: approve; approve subjectto conditions; disapprove; or table for further consideration within sixty (60) calendar days from andafter receipt of complete official submission shall constitute approval.
4.6CONFLICTS WITHIN THE CODE
There are times the Land Management and Development Code is in the process of being updated andall updates cannot be completed throughout the entire Code at the same time. Efforts are being madeto insure that this code is readable, understandable, and contains as few defects as possible. Ifhowever, any conflicts, defects, inconsistencies or ambiguities are found within different sectionsand/or chapters of this code, the Planning Commission shall follow the section or wording that is mostrecent or in compliance with state laws. If there are still conflicts, defects or inconsistencies thewording more restrictive, stringent or of a higher standard as defined or interpreted by the PlanningCommission shall be followed.

Chapter
5APPEAL AUTHORITY
The regulations set forth in this chapter describe the Appeal Authority. Its function and responsibilities as defined inState Law and the Elwood City Land Management and Development Code.
5.1Establishment of an Appeal Authority
In order to avail the City of the powers provided in Chapter 9a of Title 10 of the Utah Code (1953,as amended), there is hereby created an Appeal Authority.
5.2Term of Office
(a)
The appeals and variance hearing officer shall be appointed by the Mayor with the adviceand consent of the city council.
(b)
The appeals and variance hearing officer shall be appointed for a term of one year andthereafter may be appointed for succeeding one year terms.
(c)
The appeals and variance hearing officer shall, as a minimum, have such training andexperience as will qualify them to conduct administrative or quasi-judicial hearings regardingland use, land development, and regulatory codes dealing with issues related to land use.
(d)
The council may remove the appeals and variance hearing officer for cause upon receiptof written charges filed against the appeals and variance hearing officer with the countycouncil. The City Council shall provide the appeals and variance hearing officer with a publichearing if one is requested.
(e)
In the case of death, resignation, removal or disqualification, the position of appeals andvariance hearing officer shall be promptly filled by a replacement appointed by the CityCouncil for the unexpired term of the previous appeals and variance hearing officer.
(f)
The appeals and variance hearing officer shall be considered an independent contractor;and as such will enter into a yearlong contract for services at the beginning of each appointedterm. Terms for compensation and reimbursement will be determined and agreed upon in theaforementioned contract. The terms and conditions of the contract shall ultimately be approvedby the City Council prior to any individual entering into an agreement with the county to serveas the appeals and variance hearing officer.
(g)
The City Council may, from time to time, appoint an appeals and variance hearing officerpro tempore on a temporary basis when necessitated by the absence, unavailability, incapacityor disqualification of the regularly appointed appeals and variance hearing officer. Eachappeals and variance hearing officer pro tempore shall, as a minimum, have qualificationswhich are similar to the regularly appointed appeals and variance hearing officer.
5.3Resignation or Grounds for Removal
The Appeal Authority may resign by letter to the City. If the Appeal Authority fails to perform ina reasonable time period, they may be called before the City Council and asked to resign or beremoved for cause by the City Council.
5.4Powers and Duties of the Appeal Authority
The Appeal Authority shall hear appeals and variances as authorized by Utah Code, section 10-9a-702, as amended.
The powers and duties of the appeals and variance hearing officer shall be limited to the mattersset forth below. Each of such powers and duties shall be exercised pursuant to the procedural andother provisions of this title.
(a)
Hear and decide appeals from administrative decisions applying the provisions of thistitle where not otherwise specifically designated.
(b)
Hear and decide variances from the terms of this title.
(c)
Hear appeals related to determinations made regarding the existence, expansion ormodification of nonconforming uses.
(d)
Hear appeals regarding the interpretation of the zoning maps and disputed questions onlot lines, district boundary lines or similar questions as they arise in the administration of thezoning regulations only after a written decision has been made by the land use authority.
5.4.1Appeals
5.4.1.1Appeals
Appeals to the appeals and variance hearing officer shall be filed in writing with the City Recorderwithin thirty (30) calendar days from the date of the decision or action appealed. The officer ordepartment from whom the appeal is taken shall forthwith transmit to the appeals and variancehearing officer all papers constituting the record upon which the action appealed was taken.Appeals shall only be accepted in which final action of the land use authority has been made, asevidenced by issuance of a permit or other final written action. The zoning administrator shalldetermine the completeness of the appeal and shall reject any appeal filed without the required feeor submitted after the thirty (30) calendar day deadline has expired.
(a)
The appeals and variance hearing officer shall determine the correctness of a decision ofthe land use authority in its interpretation and application of this title. Only those decisions inwhich a land use authority has applied this title to a particular application, person or parcelmay be appealed to the appeals and variance hearing officer. No person may challenge alegislative decision by a land use authority to the appeals and variance hearing officer,including land use ordinance amendment, general plan amendment or interpretation, or zoningmap amendment.
(b)
In reviewing a decision of a land use authority, the appeals and variance hearing officermust affirm that decision; unless it is found that a decision interpreting or applying this titlewas arbitrary, capricious or illegal. An appeal is not subject to de novo review
(c)
In exercising its powers, the appeals and variance hearing officer may reverse or affirm,in whole or in part, or modify an order, decision or determination, to make such order,decision or determination, consistent with county ordinances and other applicable laws.
(d)
Appeals may not be used to waive or modify the terms or requirements of this title.
5.4.1.2Decisions of the Appeals and Variance Hearing Officer
At the hearing of any matter, the parties affected may appear in person with or without an attorney.The appeals and variance hearing officer shall decide all appeals and other issues brought before itwithin a reasonable time.
5.4.1.3Stay of Proceedings
An appeal to the appeals and variance hearing officer shall not stay proceedings taken infurtherance of the action appealed from unless such proceedings are specifically stayed by order ofthe zoning administrator. An appellant may request a stay by submitting to the City Recorder, inwriting, an application for a stay setting forth the reasons why a stay is necessary to protect againstimminent harm. In determining whether or not to grant a stay, the zoning administrator shall assurethat all potentially affected parties are given the opportunity to comment on the request. A rulingon the request for a stay shall be given within five (5) business days from the date the request isreceived by the City Recorder. The zoning administrator, in granting a stay, may impose additionalconditions to mitigate any potential harm that may be caused by the stay, including requiring theappellant to post a cash escrow financial guarantee. Within ten (10) business days of the zoningadministrator's decision regarding the grant or denial of a stay, any aggrieved party may appeal thedecision to the appeals and variance hearing officer, whose decision will be final.
5.4.1.4Appeals From the Appeals and Variance Hearing Officer
Any person aggrieved by a final decision of the appeals and variance hearing officer may have andmaintain a plenary action for relief therefrom in any court of competent jurisdiction, provided thatthe petition for such relief is presented to the court within thirty (30) calendar days from the dateof the decision of the appeals and variance hearing officer.
5.5Variance
Variances from the provisions of the Code may be granted by the Appeal Authority as per UtahCode, section 10-9a-702, as amended, whenever a strict or literal application of the provisions ofthis Code would create a hardship on the owner of the subject property that is unique to thatproperty.
5.5.1Any person or entity desiring a waiver or modification of the requirements of a land use ordinanceas applied to a parcel of property that he owns, leases, or in which he holds some other beneficialinterest may apply to the Appeal Authority for a variance from the terms of the ordinance.
5.5.2.1The Appeal Authority may grant a variance only if each of the following conditions is met:
(a)
literal enforcement of the ordinance would cause an unreasonable hardship for the applicantthat is not necessary to carry out the general purpose of the land use ordinances;
(b)
there are special circumstances attached to the property that do not generally apply to otherproperties in the same zone;
(c)
granting the variance is essential to the enjoyment of a substantial property right possessed byother property in the same zone;
(d)
the variance will not substantially affect the general plan and will not be contrary to the publicinterest; and
(e)
the spirit of the land use ordinance is observed and substantial justice done.
5.5.2.2
(a)
In determining whether or not enforcement of the land use ordinance would causeunreasonable hardship under subsection 5.5.2.1, the Appeal Authority may not find anunreasonable hardship unless the alleged hardship:
i.
is located on or associated with the property for which the variance is sought; and
ii.
comes from circumstances peculiar to the property, not from conditions that aregeneral to the neighborhood.
(b)
In determining whether or not enforcement of the land use ordinance would causeunreasonable hardship under subsection 5.5.2.1, the appeal Authority may not find anunreasonable hardship if the hardship is self-imposed or economic.
5.5.2.3In determining whether or not there are special circumstances attached to the property underSubsection 5.5.2.1, the Appeal Authority may find that special circumstances exist only if thespecial circumstances:
(a)
relate to the hardship complained of; and
(b)
deprive the property of privileges granted to other properties in the same zone.
5.5.3The applicant shall bear the burden of proving that all of the conditions justifying a variance havebeen met.
5.5.4Variances run with the land.
5.5.5The Appeal Authority may not grant a use variance.
5.5.6In granting a variance, the Appeal Authority may impose additional requirements on the applicantthat will:
(a)
mitigate any harmful affects of the variance; or
(b)
serve the purpose of the standard or requirement that is waived or modified.
5.6Time to Appeal
An affected party shall have thirty (30) calendar days to appeal to the Appeal Authority a writtendecision issued by a Land Use Authority.
5.7Application for Variance Review
A letter of application for variance review must be filed with the City Clerk, and the required feepaid in advance within thirty (30) calendar days of the written decision of a land use Authority.The application shall state the nature of the hardship and the nature of the variance requested. Ifthe request for a variance is a result of a denial of any building permit or conditional use approval,the application shall so state, and all documents on file concerning the matter shall be forwarded tothe Appeal Authority for review as a part of the request. The applicant or the City may present anyinformation as might be reasonably required by the Appeal Authority in evaluating the request.
5.8Hearing
The Appeal Authority shall fix the time for hearing any appeal within fifteen (15) business days ofthe date of filing such appeal with the City Clerk and shall give public notice thereof in accordancewith the Utah Open and Public Meetings Act, as well as notice to the parties in interest.
5.9Persons Entitled to Appear
At the hearing on any matter before the Appeal Authority, any person aggrieved or interested inthe matter may appear in person or through his attorney to testify on the matter. The applicant shallhave the right to respond to testimony offered in opposition to the application.
5.10Decision
In exercising the above-mentioned powers the Appeal Authority may, in conformity with theprovisions of the Code, reverse or affirm, wholly or partly, or may modify the order, requirement,decision or determination appealed from and may make such order, requirement, decision, ordetermination as ought to be made, and to that end shall have all the powers of the official or boardfrom whom the appeal is taken.
5.11Judicial Review of Appeal Authority Decision
(a)
Any person adversely affected by any decision of the appeals and variance hearing officermay petition the district court for a review of the decision in accordance with Utah CodeAnnotated section 17-27a-801 et seq., as amended.
(b)
In the petition, the plaintiff may only allege that the appeals and variance hearingofficer's decision was arbitrary, capricious or illegal.
(c)
The petition is barred unless it is filed within thirty (30) calendar days after the appealsand variance hearing officer's decision is final. As a condition precedent to judicial review,each adversely affected person shall timely and specifically challenge the land use authority'sdecision, in accordance with this title.
(d)
The appeals and variance hearing officer shall transmit to the reviewing court the recordof its proceedings, including its minutes, findings, orders and, if available, a true and correcttranscript of its proceedings. If the proceeding was tape recorded, a transcript of that taperecording is a true and correct transcript for purposes of this subsection.
(e)
If there is a record, the district court's review is limited to the record provided by theappeals and variance hearing officer. The court may not accept or consider any evidenceoutside the appeals and variance hearing officer's record unless that evidence was offered tothe appeals and variance hearing officer and the court determines that it was improperlyexcluded.
(f)
If there is no record, the court may call witnesses and take evidence.
(g)
The court shall affirm the decision of the appeals and variance hearing officer if thedecision is supported by substantial evidence in the record.
(h)
The filing of a petition does not stay the decision of the appeals and variance hearingofficer. Before filing the petition, the aggrieved party may petition the appeals and variance
hearing officer to stay its decision. Upon receipt of a petition to stay, the appeals and variancehearing officer may order its decision stayed pending district court review if the appeals andvariance hearing officer finds it to be in the best interest of the county. After the petition isfiled, the petitioner may seek an injunction staying the appeals and variance hearing officer'sdecision


Chapter
6ZONING ADMINISTRATION and ENFORCEMENT
This chapter details zoning enforcement guidelines, as well as descriptions of some of themain duties of the Zoning Administrator. Building and occupancy permits, inspections,enforcement issues as well as violations of this code are described.
Contents of this chapter
6.1Administration and Enforcement...............................6-2
6.2Zoning and Building Permits...................................6-2
6.3Occupancy Permit...........................................6-2
6.4Inspection..................................................6-3
6.5Site Plan Required...........................................6-3
6.6Time Limit.................................................6-4
6.7Penalties and Enforcement....................................6-4
6.8Violations..................................................6-4
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Page 6-2 Chapter 6 Zoning Administration and Enforcement
6.1Administration and Enforcement
6.1.1The Zoning Administrator
The provisions of this Ordinance or Code shall be administered by the ZoningAdministrator acting under the supervision of the Mayor, or the Mayor in the absence ofthe Zoning Administrator. The Zoning Administrator shall, when deemed appropriate,recommend legal action to the City Council in order to enforce this Code or other land userelated ordinances or regulations. The Zoning Administrator, under the supervision of theCity Mayor shall determine when violations exist, when a development is in substantialcompliance with this Code, or when strict compliance should be demanded, or otherenforcement actions taken. The Zoning Administrator shall also advise the City anddevelopers as to application, submission, compliance and procedural matters as related tothis code as well as the interpretation of this codes provisions to the best of his/her ability.
The Zoning Administrator is charged with zoning and other related enforcement duties ofthis code, as well as issuance, revocation and administration of building and occupancypermits as per this code and Uniform Building Codes in effect. The Zoning Administratoris also in charge of building or use inspections, and all building inspectors shall work underhis/her direction. Applications for permitted uses shall be evaluated by the ZoningAdministrator to determine if approval can be given as a permitted use or if questionable,the use may be conditional or require further study or attention. In the latter case, theapplication shall be referred to the Planning Commission for further clarification orprocessing.
The Zoning Administrator shall work with and advise the Planning Commission and CityCouncil on all zoning or land use matters as applied for and acted on by Elwood City.
The failure of any person to properly interpret or apply this Code or any provision of it shallnot operate to waive or estop the City from subsequent enforcement action. Permits issuedin violation of this Ordinance shall have no force or effect and persons knowingly ornegligently building or subdividing under improperly issued permits or approvals do so attheir own risk.
6.2Zoning and Building Permits
Construction, alteration, repair, or removal of any building or structure or any part thereof,as provided for or as restricted in this ordinance and the Uniform Building Code, shall notbe commenced except upon clearance by the City staff for compliance with this Code andissuance of a building permit.
6.3Occupancy Permit
Chapter 6 Zoning Administration and Enforcement Page 6-3
Land, buildings, or premises in any district shall hereafter be used only for a purposepermitted in such a district and in accordance with the appropriate regulations. A permitof occupancy shall be issued by a qualified person designated by the City to the effect thatthe use, building, or premises conform to provisions of this and all related ordinances,regulations, and requirements prior to occupancy, for any building erected, enlarged oraltered structurally for the occupancy or use of any land. Such a permit is needed wheneveruse or character of any building or land is to be changed.
(Amendment #7, Ordinance No. 2009-11-04)
6.4Inspection
The City, through its designated officials, shall, upon presentation of evidence of his/herauthority, have the right of access to any premises at any reasonable hour for the purposeof inspecting all buildings and structures during the course of their construction,modification, or repair, and to inspect land uses to determine compliance with theprovisions of this Code.
6.5Site Plan Required
Apart from any project or building plans required to be submitted to the City, a detailed siteplan, drawn to scale, shall be filed with the Zoning Administrator, as part of anyapplication for a building permit for a permitted use. The site plan shall show wherepertinent:
(a)Scale and north arrow.
(b)Lot lines and their dimensions. Public or main buildings, or dwellings of any typerequire permanent reference monuments in each of the four corners of the lot it isto be built on. If a lot contains more than four corners, only four permanentreference monuments are required. If a lot contains less than four corners at leastthree permanent reference monuments are required. All monuments shall beproperly set in the ground and approved by a Registered Land Surveyor (licensedin the state of Utah) prior to approval of the building permit application. Ifpermanent reference monuments are already in place additional monuments arenot required.
(c)Adjacent streets, roads, rights-of-way, ditches, easements and land uses.
(d)Location of all existing structures on subject property and adjoining properties(completely dimensioned, including utility lines, poles, fences, etc.).
(e)Existing utility line locations and sizes
(f)Existing and proposed grading, drainage, and landscaping plans.
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Page 6-4 Chapter 6 Zoning Administration and Enforcement
(g)Location of proposed construction and improvements, including location ofproposed sewer connection, all landscape elements, retaining walls, drainageworks, and signs.
(h)Motor vehicle access, including individual parking stalls, circulation patterns,curb, gutter, and sidewalk and trail location.
(i)Trash storage plans.
(j)Necessary explanatory notes.
(k)Name, address, and telephone number of builder and owner.
(l)Other information which may be requested by the Zoning Administrator, CityStaff or in this Code.
(Amendment #4, Ordinance No. 2007-11-06)
6.6Time Limit
Unless there is actual construction and a permit issued within a period of 180 days from thedate of plan approval by the Zoning Administrator, the plan approval for a permitted useshall expire.
6.7Penalties and Enforcement
The provisions of this Code may be enforced by either civil or criminal actions in courts ofappropriate and competent jurisdiction. Suit may be brought by the City, or by affectedproperty owners in the manner set forth below:
6.7.1Criminal Citations
The Zoning Administrator and other designated City officials may, when there is probablecause to believe that construction has occurred in violation of this ordinance, issue a citationand swear out criminal complaints against the appropriate individuals and business entities.Specific approval from the Mayor or designee for such misdemeanor citations is required.
6.7.2Civil Actions
The City, with the authorization of the City Council, may bring actions for civil andequitable relief, including enjoining specific land uses and affirmative injunctions. The Zoning Administrator, Planning Commission and other designated City officials mayrecommend such actions at any time to the City Council, provided that no civil proceedingshall be commenced without the specific authorization of the Council.
6.7.3Third Party Actions
Chapter 6 Zoning Administration and Enforcement Page 6-5
Individuals affected by zoning violations within Elwood City shall have the right tomaintain private actions to enforce the Code without joining the City as a party.
6.8Violations
Violations of this Code are Class "C" misdemeanors, and are punishable by a fine and/orimprisonment. The officers and directors of a corporation shall be responsible for the actscommitted by that corporation. Corporations and individuals shall be responsible for theacts of their agents committed in violation of this ordinance if they had knowledge of theact committed, and the owner of the property is presumed to have knowledge of the uses ofthat property and improvements made to it. Each day that a violation occurs shall constitutea separate offense.
Elwood City Land Management and Development Code