(1) There is hereby created the office of Zoning Administrator. This position and authority shall be exercised by one appointed by the City Manager.
(2) The Zoning Administrator is hereby authorized to decide certain matters, as designated by the Board of Adjustment, that are consistent with the guidelines established by this Title and state law and the rules adopted by the Board of Adjustment. Pursuant to that authority the Zoning Administrator may decide all cases which are routine in nature, uncontested, that do not impact the character of the neighborhood, are primarily brought about by recent changes in the zoning ordinance, or City initiated development or construction that has resulted in the creation of nonconforming structures or uses. The specific types of decisions the Zoning Administrator is authorized to make shall include:
(a) The determination of a nonconforming use which can be verified by substantial evidence. Substantial evidence, for the purpose of this Section shall mean official documents, including any written correspondence, receipts, permits, or documents issued by a public body or agency thereof, etc., that may establish the truth of the matter asserted by the applicant;
(b) Consider additions or alterations to existing buildings and structures, which are nonconforming as to height, area, or yard regulations, providing that the addition follows the existing wall lines and no additional dwelling units are added to the building or structure;
(c) Change in the status of a nonconforming use to a less intense use than that immediately preceding the proposed use;
(d) Final review and approval on plans where the Board has required that a final plan be submitted for special approval, showing that all requirements imposed by the Board in granting the original approval have been complied with; and
(e) The granting of a variance in the very limited instance wherein the applicant and the City are in complete agreement regarding all issues, and that the spirit and intent of the Layton City zoning ordinance is satisfied and that all criteria required statutorily for variance have also been satisfied.
(3) The notice requirements established by the ordinance, that are required before a hearing on a variance, must still be satisfied by the Zoning Administrator. However, in lieu of giving notice of a time, date, and place of a hearing, the Zoning Administrator's notice shall provide for a time frame within which all interested parties may submit their input to the Zoning Administrator. All responses received pursuant to the notice shall become a permanent part of the file.
(4) A decision of the Zoning Administrator may be appealed to the Board as provided for in this Chapter.
Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 97-19, Enacted, 4/17/1997
Ord. No. 04-69, Recodified, 12/16/2004