10-3-20: BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY:
   The adoption and enforcement of building codes serves the public interest by providing for the inspection of structures for structural stability, fire resistance, adequate ventilation and other safety and sanitary features. No development shall occur except pursuant to a validly issued, unexpired and unrevoked building permit and any other development permits required by this title have previously been issued.
   A.   Building Permit Required: Construction or removal of any building or structure, or any part thereof, including all structures or uses of which plans have been approved as part of a rezoning, site plan, subdivision plat, conditional use permit, SPA plan with accompanying plat or site plan, low impact permit, or development agreement, shall not be commenced, or proceeded with, until a building permit is obtained from the county building official.
   B.   Code Compliance: All structural development shall comply with the requirements of the international building code, and other applicable building and fire codes.
   C.   Water Required For Building Permit: A source of water must be provided prior to the issuance of a building permit for a dwelling. If the dwelling is to be served by an existing water system, the building permit application must be accompanied by a statement from a representative of the system indicating that the water hookup will be allowed and that the system can deliver adequate quality, quantity and pressure to the proposed dwelling or building. If a private source of water is to be developed, the building permit application must be accompanied by evidence of water rights or ownership of the proposed source or supply, application number from filings with the state engineer, and evidence that the source can be adequately isolated from all present and potential sources of pollution in accordance with state standards.
   D.   Issuance Of Building Permits Prior To Completion And Acceptance Of Required Improvements: Building permits may be issued for construction in subdivisions and other projects prior to the completion and acceptance by the county of the required property improvements; provided, however, that no building permit may be issued until adequate financial assurance has been provided for completion of such improvements consistent with chapter 6 of this title; until such time as there shall be adequate access that meets the requirements of the Park City fire service district; and until there is sufficient water on site for firefighting purposes before combustible construction shall be allowed. In such cases, the county building inspector may require that the applicant for a building permit sign a statement indicating the following:
      1.   That the applicant is aware of the terms of the bond or escrow account established to guarantee completion of required improvements to the satisfaction of the county.
      2.   That the applicant releases the county from liability for installation, maintenance or repair of the required improvements until the same have been completed and accepted by the county.
      3.   That the applicant assumes all risk in connection with construction on the subject property.
   E.   Financial Security Required: Prior to issuance of the building permit, the applicant shall post a bond or provide other financial security, in such form and sum as the director or county council shall determine, with sufficient surety running to the county to offset any costs or expenses associated with the abatement of debris and material associated with construction activities on the site.
   F.   Submission: An application for a building permit shall be submitted to the director on the form provided by the county and shall be accompanied by the required processing fee. The application shall be accompanied by such documents, plans, maps or other information as the building official may request, including, but not limited to, evidence that all required development permits have been finally approved by the appropriate decision maker and that all conditions imposed at the time of such approval have been satisfied. Upon receipt of an application for a building permit, the building official shall examine the application and ascertain the exact location of the property on which the development will occur. The building official shall obtain a written statement of the street address of the property or, if no street address exists, a property description in writing, before issuing a building permit. (Ord. 708, 12-10-2008; amd. Ord. 723, 7-22-2009)
   G.   Site Plan Requirements: Three (3) copies of a site plan, a minimum size of eleven inches by seventeen inches (11" x 17") (must be legible) and a maximum size of thirty six inches by forty eight inches (36" x 48") shall be submitted with all building permit applications for all new construction, including additions, accessory buildings, and garages.
      1.   Preparation Of Site Plan: If any of the following criteria apply, the site plan shall be prepared by a licensed surveyor, architect, landscape architect, or engineer, registered in the state of Utah:
         a.   Parcels/lots that contain a designated building pad identified on a subdivision plat.
         b.   Building areas or building pads having an average grade steeper than five percent (5%) (some elevation information may be required to verify grade).
         c.   Proposed structure heights greater than twenty eight feet (28').
         d.   Proposed structure setbacks closer than three feet (3') to the required setback line, excluding decks, lean-tos, or other similar structures.
            (1) Agricultural exempt buildings that comply with section 17-27a-605 of the Utah Code Annotated are excluded from these site plan requirements. However, agricultural exempt buildings closer than three feet (3') to the required setback line or are greater than twenty eight feet (28') in height will require an inspection by the community development department to ensure that setback and height requirements for the zone district in which they are located are being met.
         e.   Parcels/lots that do not have existing property corners set by a licensed surveyor.
      2.   Site Plan Information Required: When the site plan is required to be prepared by a licensed surveyor, architect, landscape architect, or engineer, each copy shall be wet stamped by each professional involved in its preparation. Redline corrections/additions to the site plan or elevation page items may be accepted if determined by staff to be minor in nature. All corrections shall be approved by the person who stamped the site plan. The site plan shall contain the following information:
         a.   Scale.
         b.   North arrow.
         c.   Information box showing the name of the applicant, subdivision and lot number or parcel number (tax identification number), address, section, township, and range, acreage (or square footage) of the lot or parcel.
         d.   Map of the parcel. For parcels larger than one acre, provide large scale drawing of the entire parcel (i.e., vicinity map, 1 inch = 100 feet), with bearing and distance calls, and a smaller scale (1 inch = 20 feet), detailed map of the area of the parcel being developed. The map shall contain the following minimum information:
            (1) Property lines, designated building pad, platted setback lines, rights of way and easements, all adjacent streets/roadways.
            (2) Proposed setbacks of all new structures to the property lines.
            (3) A topographical map, prepared by a licensed surveyor, including both existing and proposed contours. Two foot (2') minimum contour intervals are required for all parcels/lots which have an average grade greater than five percent (5%) (some elevation information may be required to verify grade) and/or structure heights that exceed twenty eight feet (28') (measure from the ridgeline to existing or finished grade, whichever is greater). Existing contours must be shown through the proposed structures.
               (A) For lots/parcels one acre or less in size, contours are required for the entire lot/parcel.
               (B) For lots/parcels greater than one acre in size, contours are required one hundred feet (100') on each side of all proposed structures and all other areas of disturbance proposed for the lot/parcel, such as the driveway, accessory structures and yard areas. The contour map must include the opposite side of any existing roadway adjacent to the property.
            (4) One fixed point near the proposed construction labeled "Benchmark" showing the elevation. The point may be a manhole cover, fire hydrant, or survey pin set so that it cannot be removed. The elevation of the point must be identified on a stake placed at or near the point.
            (5) All elevations for the structure and driveway shall be referenced from the bench mark.
            (6) All existing and proposed improvements.
            (7) All drainageways, ditches, streams, and wetlands within two hundred feet (200') of any proposed structure, area of disturbance and driveway, even if located on an adjoining parcel/lot.
            (8) The footprint of proposed structures. The footprint shall show roof ridgelines.
            (9) The proposed driveway width.
            (10) Proposed elevations, including:
               (A) Top of the foundation walls at four (4) major corners.
               (B) Roof ridge elevation(s) from existing grade.   
               (C) Garage floor elevations.
               (D) Center of the driveway at the street, at twenty feet (20') from the street, at each grade break and at the edge of the "flat" parking area outside the garage.
            (11) An erosion control plan including:
               (A) Perimeter controls (straw wattle, straw bales, silt fence) on the downhill side of all disturbed areas when required by this code.
               (B) Stabilized construction access.
               (C) Protection measures of adjoining drainage features including storm drain, ditches, streams, etc.
            (12) Construction mitigation plan that identifies the location of dumpster(s), portable toilet(s), material storage, and parking. The following notes shall be on the plan:
               (A) Construction parking/traffic may not block the street without a permit.
               (B) Mud tracked onto the street must be cleaned prior to the end of the workday.
               (C) The construction site must be maintained in a neat manner. Trash and other debris may not accumulate outside the dumpster.
               (D) Roadside parking is not allowed from November 1 through April 1.
         3.   Site Plan Certification: When a site plan is prepared by a licensed surveyor in conjunction with an architect, landscape architect, and/or engineer, the site plan must be certified by each of the professionals preparing the site plan for that portion of the plan that is their responsibility. The parcel/lot survey prepared and certified by the licensed surveyor, including topography may be submitted on a separate sheet from the site plan prepared by the architect, landscape architect, and/or engineer; however, all survey information from the parcel/lot survey shall be included on the site plan.
            a.   A form of the following certifications must appear on the parcel/lot survey and/or site plan:
                  Surveyor Certificate
I,                                      do hereby certify that I am a licensed Professional Land Surveyor registered in the State of Utah, license no.                 , as prescribed under the laws of Utah. I further certify that a survey of the land shown and described herein, and that the representation shown on the site plan is a correct representation of the land surveyed and has been prepared on conformity with the minimum standard and requirements of the Law.         Signature (over seal)
         Date         Architect/Landscape Architect/Engineer Certificate
I,                                      do hereby certify that I am a licensed Architect/Landscape Architect/Engineer registered in the State of Utah, license no.                 , as prescribed under the laws of Utah. I further certify that I am fully responsible for the design of the structure(s), structure location(s), driveway, drainage, and other improvements/development to the land shown on the site plan.   
      Signature (over seal)
         Date
         4.   Building Elevations Pages: Two (2) copies of the building elevations pages must be submitted with all building permit applications. Plans shall provide elevation views of all four (4) sides of the building. These views shall identify where the existing and proposed grade lines will strike the building wall line. Top of foundation, floor lines, eave lines, and ridgelines shall be shown and referenced to the known point on the site plan.
         5.   Certificate Of Survey/Elevation: A certificate of survey/elevation of the structure shall be submitted whenever a site plan is required to be prepared and certified by a licensed surveyor under the criteria set forth above. The certificate of survey/elevation must be prepared by a licensed surveyor registered in the state of Utah.
            a.   The certificate must verify the elevations of the top of foundation walls/roof ridge elevations with respect to the existing grades (per the approved site plan) and the structure location, with respect to setbacks and shall contain the following information:
               (1) All property lines and building envelope (if applicable) when the parcel is one acre or less. When the parcel is larger than one acre, the two (2) closest property lines and building envelope (if applicable).
               (2) Required setback lines.
               (3) Structure footprint.
               (4) Dimension lines from the structure to all shown property lines (see subsection G5a(1) of this section).
               (5) "As constructed" top of foundation elevations or top of roof ridge elevations.
            b.   An original wet stamped copy of the certificate of survey/elevation must be submitted to the building department and engineering department prior to requesting a shear wall or the "four-way" inspection.
            c.   A form of the following certification must appear on the survey:
            Certificate of Survey/Elevation
I,                                      do hereby certify that I am a licensed Professional Land Surveyor/Engineer registered in the State of Utah, license no.                 , as prescribed under the laws of Utah. I further certify that I have reviewed the approved plans for Permit No.          , located at (street address)                                         on Lot                of the                                     Subdivision and have surveyed the property to verify that the structure is situated on the lot as shown on this map. I further certify that the elevations of the roof ridges are as shown on this map.         Signature (over seal)
         Date
(Ord. 766, 9-14-2011)
   H.   Approval Procedure:
      1.   Development Permit Required: Pursuant to this title, an applicant for a building permit may be required to submit a low impact permit, a conditional use permit with final site plan, an approved final site plan, recorded final subdivision plat, or a SPA plan (development agreement), which includes either a final subdivision plat or site plan, prior to the issuance of a building permit.
      2.   Posting Of Building Permit: A copy of the building permit shall be posted in a conspicuous place on the premises, out of the weather, and visible throughout the construction period until completion of all work authorized by the building permit.
      3.   Issuance Of Building Permit; Review Process: The building official shall be authorized to issue a building permit after review of the application for compliance with the appropriate development permit, all other applicable provisions of this title, including chapter 4 of this title, and the international building code. Prior to issuance of a building permit, the application shall also be reviewed to ensure that the location of the structure is consistent with the objectives and policies of the general plan and this title. Among other things, the review shall ensure, to the extent possible, that the structure will not infringe or be constructed on a ridgeline, will minimize encroachments into designated viewsheds, and other applicable policies.
   I.   Expiration And Extension Of Building Permit:
      1.   A building permit shall automatically expire and become null and void if work authorized by such permit is not substantially commenced within one hundred eighty (180) days from the effective date of the permit, or if such work, when commenced, is suspended or abandoned at any time for a period of one hundred eighty (180) days.
      2.   Notwithstanding the provision of subsection I1 of this section, if the work covered by the building permit has not commenced or has commenced and been suspended or abandoned, the building official may extend such permit for a period of one hundred eighty (180) days from the date extension is granted, provided an application for an extension is submitted prior to the expiration date of the initial permit, upon a showing by applicant that circumstances beyond the control of the applicant have prevented commencement. A new processing fee shall be submitted with a request for such extension.
      3.   Where construction authorized by a permit has not progressed beyond the foundation state in a period of three (3) years or more, an additional processing fee must be paid for a complete new inspection, which inspection shall ensure compliance with codes currently in effect. Any foundation which has weathered through two (2) or more winters without any structure built on it to give protection shall have an inspection by a structural engineer licensed by the state, who shall certify that the foundation is structurally sufficient to carry the load to be imposed on it, or certify specifications necessary for repair which may be required to bring it to an acceptable condition where it will adequately support the structure to be built upon it.
      4.   If work has commenced and the permit becomes null and void, or expires because of lack of progress or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work under regulations in effect at the time the new building permit is issued. If a new building permit is not obtained within ninety (90) days from the date the initial permit became null and void, the building official shall require that any work which has been commenced or completed be removed from the building site, or the building official may issue a new building permit, on application, providing, that the work in place and the work required to complete the structure meets all applicable regulations in effect at the time of the issuance of the new building permit.
      5.   Work shall be considered to have commenced and be in active progress when, in the opinion of the building official, a full complement of workers and equipment is present at the site to diligently incorporate materials and equipment into the structure throughout the day on each full working day, weather permitting. The provision shall not apply in case of civil commotion or strike or when the building work is halted due to legal action.
   J.   Certificates Of Occupancy:
      1.   Required: A certificate of occupancy shall be required before any structure or premises, or part thereof, hereafter erected, changed, converted, moved, altered or enlarged wholly or in part, may be used or occupied. No certificate of occupancy shall be issued permitting the use or occupation of any such structure or premises unless:
         a.   If a building permit was required, the construction pursuant to such permit as reflected in the approved building permit has been fully completed and accomplished; or
         b.   If no building permit was required, the use conforms to this title and all other applicable statutes, ordinances and regulations, or the use is a valid legal nonconforming use in accordance with section 10-8-1 of this title; and
         c.   Payment of all applicable impact fees 1 and other regulatory fees and requirements has been made.
         d.   The structure has been constructed in compliance with all applicable provisions of this title and the development permit granting approval thereof, the international building code, the international fire code, and/or other applicable ordinances related to the construction and occupancy of the structure.
         e.   In instances where final site plan improvements remain unfinished but the building has been completed in accordance with the building permit, as determined by the building official, a certificate of occupancy shall be issued if an appropriate agreement to complete the unfinished site work is entered into by the developer.
      2.   Submission: An application for a certificate of occupancy shall be submitted to the building official in the form provided by the county and shall be accompanied by the required processing fee.
      3.   Approval Procedure: The building official shall review the application and inspect the subject premises. The building official shall notify the applicant of his determination. (Ord. 708, 12-10-2008; amd. Ord. 723, 7-22-2009; Ord. 766, 9-14-2011)

 

Notes

1
1. See title 9, chapter 2, article A of this code.