From Weber County Wiki
31-1 Purpose and Intent
The purpose of this section is to establish regulations and procedures for the processing and consideration of applications allowed by the Weber County Zoning Ordinance.
31-2 Administrative Authority
The Planning Director, or designee, is authorized to deny, approve, or approve with conditions an application for an administrative approval. Administrative approval can be given for the following applications: site plans with buildings under 10,000 square feet located on a parcel less than one acre in size, home occupations with or without visiting clientele, combining of lots within an approved subdivision which meet ordinance requirements, minor subdivisions as defined by the subdivision definition, flag lots, access to a lot/parcel using a private right-of-way or access easement, and access to a lot/parcel at a location other than across the front lot line. The Planning Director may deny an application for an administrative approval if the use fails to comply with specific standards set forth in this ordinance or if any of the required findings are not supported by evidence in the record as determined by the Director. At the discretion of the Planning Director, the Planning Commission can hear the request for an administrative approval.
The administrative approval process includes public notice and comment from adjacent property owners, as required by state code.
31-3 Fees for Processing Applications
Fees for processing applications shall be established by ordinance.
Applications except subdivisions that have been deemed complete and have not been acted on by the appropriate board shall expire after six-months. The applicant will have to submit a new application and fees to restart the process.
31-4 Notice of Decision
After hearing the evidence and considering the application, the approving authority (Planning Commission, Planning Director or designee, Board of Adjustment, and County Commission on land use applications) shall make its findings and have them entered in the minutes. Upon a decision by the approving authority, a notice of decision shall be mailed to the applicant at the address or e-mail address given in the application. A Notice of Decision can be a new written notice, a copy of the administrative approval form signed by the Planning Director or designee, or a copy of the approved minutes. A decision by the approving authority is final at the time the notice of decision is issued. If a notice of decision is not sent, the decision shall be final on the date the minutes from the meeting are approved by the approving authority. The Planning Division shall also mail notice of any decisions to any person or agency who, in writing, requested such notification before the decision was rendered. Decisions are subject to requirements and conditions stated in the staff report and listed in the meeting minutes.
31-5 Hearing and Publication Notice for County Commission
Before finally adopting any such legislative amendment, the Board of County Commissioners shall hold a public hearing thereon, at least fourteen (14) days notice of the time and place of which shall be given as per state code. The unanimous vote of the full body of the County Commission is required to overturn the recommendation of the Planning Commission, if there was a unanimous vote of the Planning Commission in favor or denial of the petition.
31-6 Permits and Licensing
All departments, officials, and public employees of Weber County, which are vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this Ordinance and shall issue no permit or license for uses, buildings, or purposes where the same would be in conflict with the provisions of this Ordinance. Any permit or license, issued in conflict with the provisions of the Ordinance, shall be null and void.
Appeals from administrative decisions shall be submitted to the Weber County Planning Division not more than 15 calendar days after the date of the written notice of decision in accordance with Chapter 29 Section 5 of the Weber County Zoning Ordinance. Appeals from administrative decisions shall be heard by the Weber County Board of Adjustment.
31-8 Temporary Exceptions
The Weber County Commission has the authority to grant, by motion, temporary exceptions from any term or condition of the Weber County Zoning Ordinance for a period of not to exceed three (3) months in duration. Time may be extended for an additional three (3) months by the County Commission, for a total duration for any one tract of land not to exceed six (6) months. The granting of a temporary exception may be made by the County Commission with or without a recommendation from the Planning Commission. Such temporary exceptions may be granted upon the County Commission determining that such a temporary exception is justified because of some extraordinary, or emergency situation, or act of God situation, and that the health, safety, convenience, order, and welfare of the inhabitants of Weber County will not be substantially affected, if such temporary exception is granted.
Any person, firm, or corporation who intentionally violates this Ordinance 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, continued, or permitted. Any person, firm, or corporation that violates the provisions of this ordinance shall be guilty of a misdemeanor and punishable as provided by law.
Should any section, clause, or provision of this Ordinance be declared by the courts to be invalid, the same shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part declared invalid.