Chapter 18.220
REGULATORY PROVISIONS
Sections:
18.220.020 Application and review.
18.220.040 Nuisance and abatement.
18.220.070 Penalty for violation.
18.220.080 Effect on previous ordinances and maps.
18.220.010 Enforcement.
(1) Enforcer. The building inspector is the officer charged with the enforcement of this title, but from time to time, by resolution or ordinance, the city council may delegate the enforcement, in whole or in part, to any other employee of the city without amendment to this title. The building official may not waive any provision of this title. The building official shall not issue any permit unless the plans of the proposed erection, construction, reconstruction, alteration and use fully conform to all land use development regulations then in effect.
(2) Inspection. It shall be the duty of the building official to inspect or cause to be inspected all buildings and improvements in the course of construction or repair.
(3) Permit Required. No construction, alteration, repair or removal of any building or structure or any part thereof, or the change of use of any land or building, as provided or as regulated in this title is allowed, without a written permit issued by the building official. [Code 1997 § 12-120-005.]
18.220.020 Application and review.
(1) Design Submissions. All applications for permits shall be made to the building official. All applications for permits except for single-family dwellings and their accessory buildings shall be submitted also to the planning commission for design review to assure conformity with the intent of the master plan and compliance with all applicable ordinances and regulations. The design submissions shall include architectural and site development plans to scale which shall show buildings’ locations, landscaping, prominent existing trees, ground cover treatment, fences, off-street parking and circulation, location and size of the adjacent streets, north arrow and property lines, existing grades and proposed new grades, point of water and sewer connections, curb cuts, and locations of all freestanding signs.
(2) Design Review. Design review for buildings and uses covered by conditional use permits or planned unit development approval shall be incorporated within such conditional use permit or planned unit development approval and need not be a separate application, provided the requirements of this title are met. [Code 1997 § 12-120-010.]
18.220.030 Approval.
The planning commission, or the building official when authorized by the planning commission, shall determine whether proposed architectural and site development plans submitted are consistent with the general objectives of this title, and shall give or withhold approval accordingly.
Denial of approval by the building official may be appealed to the planning commission, and denial by the planning commission may be appealed to the city council, as provided for in this title. [Code 1997 § 12-120-015.]
18.220.040 Nuisance and abatement.
Any building or structure erected, constructed, altered, enlarged, converted, or maintained contrary to provisions of this title shall be, and the same hereby is, declared to be unlawful and a public nuisance; and the city attorney shall, upon request of the governing body, commence action for abatement thereof in a manner provided by law, and restrain or enjoin any person, firm, or corporation from erecting, building, maintaining, or using the building structure or property contrary to the provisions of this title. The remedies provided for herein shall be cumulative and not exclusive. [Code 1997 § 12-120-020.]
18.220.050 Licensing.
All department officials and public employees of the city 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 and any such permit or license, if issued in conflict with the provisions of this title, shall be null and void. [Code 1997 § 12-120-025.]
18.220.060 Fees.
Fees may be charged to applicants for building, occupancy, and conditional use permits, design review and planned unit development approval, planning commission and board of adjustment hearings, and such other services as are required by this title to be performed by public officers or agencies. Such fees shall be established by the governing body and be amounts reasonably needed to defray cost to the public. [Code 1997 § 12-120-030.]
18.220.070 Penalty for violation.
Violators of any provision of this title shall be guilty of a class B misdemeanor for each and every day such violation shall occur or continue and, upon conviction of any such violation, shall be punished by a fine of not more than the maximum as allowed by the state of Utah or by imprisonment for not more than six months, or by both such fine and imprisonment. [Code 1997 § 12-120-035.]
18.220.080 Effect on previous ordinances and maps.
The existing ordinances covering land use and development regulations in their entirety, and including the maps, and standard drawings heretofore adopted and made a part of said ordinances are hereby superseded and amended to read as set forth herein; provided, however, that this title, including its accompanying maps and standard drawings, shall be deemed a continuation of previous ordinances and not a new enactment insofar as the substance of revisions of previous ordinances are included in this title whether the same or in different language; and this title shall be so interpreted upon all questions of construction relating to tenure of officers and boards established by previous ordinances and to questions of conforming or nonconforming dates upon which such uses, buildings or structures became conforming or nonconforming. [Code 1997 § 12-120-040.]
18.220.090 Interpretation.
In interpreting and applying the provisions of this title, the requirements contained herein are declared to be the minimum requirements for the purpose set forth. [Code 1997 § 12-120-045.]
18.220.100 Conflict.
(1) This title shall not nullify the more restrictive provisions of covenants, agreements, other ordinances or laws, but shall prevail notwithstanding such provisions that are less restrictive.
(2) If any provision of this title or its application to any persons or circumstance is for any reason held invalid, the remaining portion and/or portions of this title or the application of the provision to other persons or circumstances shall not be affected. [Code 1997 § 12-120-050.]