2-2-140 Building Permit

A. Purpose. This section sets forth procedures for determining zoning compliance of a building permit application. This section applies in addition to applicable requirements of the building codes and regulations adopted by the County. B. Authority. The Zoning Administrator or a designee is authorized to review building permits for zoning compliance as provided in this section. C. Initiation. Any property owner may apply for a building permit as provided in the building codes adopted by the County. D. Procedure. A building permit application shall be reviewed for zoning compliance as provided in this subsection. 1. A complete building permit application shall be submitted to the Building Official in a form established by the Building Official along with any fee established by the County’s schedule of fees. The application shall include at least the following information: a. The name, address and telephone number of the applicant and the applicant’s agent, if any; and b. A plot plan showing the following: 1) Applicant’s name; 2) Site address; 3) Parcel number; 4) Property boundaries and dimensions; 5) Layout of existing and proposed buildings, parking, landscaping, and utilities; and 6) Adjoining property lines and uses within one hundred (100) feet of the subject property. 2. After an application is determined to be complete, the Building Official shall transmit the application to the Zoning Administrator. The Zoning Administrator shall approve, approve with conditions, or deny the zoning compliance request pursuant to the standards set forth in Section 2-2-140(E) below. Any conditions of approval shall be limited to conditions needed to conform the permit to approval standards. 3. After making a decision, the Zoning Administrator may give the Building Official written notice of the zoning compliance decision. 4. A record of all zoning compliance reviews shall be maintained in the office of the building official, as per guidelines from the State of Utah. E. Approval Standards. The following standards shall apply to determine zoning compliance of a building permit application. 1. No building permit shall be approved for zoning compliance unless the proposed building, structure or use when built and the land on which it is located will conform to applicable provisions of this Code and any applicable conditions of approval required under a permit applicable to the subject property. The use authorized in a building or structure authorized by a building permit shall: a. Be allowed as a permitted or conditional use in the applicable zone; b. Conform to development standards of the applicable zone; c. Conform to applicable regulations of general applicability and regulations for specific uses set forth in this Code; and d. Conform to any other applicable requirements of the Box Elder County Code. 2. Conditions may be imposed as necessary to achieve conformance with applicable code requirements. F. Appeal. Any person adversely affected by a final decision of the Zoning Administrator regarding zoning compliance of a building permit may appeal that decision to the Hearing Officer as provided in Section 2-2-190 of this Code. G. Effect of Approval. Approval of zoning compliance shall authorize an applicant to proceed with the building permit review process. The requirements of this section shall be in addition to any other requirements for the issuance of a building permit, as contained in this Code, and other applicable provisions of the Box Elder County Code. H. Amendment. The procedure for amending any building permit zoning compliance decision shall be the same as the original procedure set forth in this Section.