Uses of land which are not expressly permitted within a zone are hereby declared to be expressly prohibited therein, except as may be permitted by action of the planning commission or city council, pursuant to express authority given under terms of this code. Any person who may obtain state or federal properties by purchase, lease, or other arrangement must utilize such properties in accordance with the provisions of this code. Neither the planning commission, board of adjustment, nor the building inspector shall permit a use within a zone which is not expressly permitted by the terms of this code.

This Section was repealed.

(Ord. No. 93-6-12)

Wherever the terms of this code require the conveyance of water, such conveyance shall conform to the terms of this section.

1. Amount of water right required. The amount (number of acre-feet) of water required to be conveyed to the city as part of a request for approval of an annexation, subdivision, large scale development, site plan, or building permit shall be the amount considered sufficient to meet the water use requirements of the proposed use, to be determined in accordance with the following:
   1. Residential uses.
      1. Indoor uses. Indoor residential requirements shall be based on an Equivalent Residential Connection (ERC) basis as shown in the table in c. below. Each ERC shall be required to convey 0.45 acre-feet of water right for indoor use.
      2. Outdoor uses. Outdoor residential requirements shall be based on acreage as shown in the table in c. below. For single-family units and two-family units, requirements shall be based on total gross lot acreage. For multi-family units, requirements shall be based on irrigated acreage.
      3. Water rights requirements are set forth in the following table:
         
         

         Residential Development		Indoor Uses		Outdoor Uses
         		Equivalent Residential Connections (ERC) Per Dwelling Unit	Acre-Feet Required (ERC x 0.45)	Acre-Feet Required
         One dwelling unit per lot		1.00	0.45	At the discretion of the developer, 1. 80 acre- feet per acre of lot OR 3.6 acre feet per irrigated acre
         More than one dwelling unit per lot: Number of bedrooms per unit	One	0.42	# Units x 0.19	At the discretion of the developer, 1.80 acre- feet per acre of lot OR 3.6 acre feet per irrigated acre
         	Two	0.83	# Units x 0.37
         	Three or more	1.00	# Units x 0.50
         Common area with no dwelling unit		N/A	N/A	3.6 acre feet per irrigated acre
         All other metered culinary uses		An amount sufficient to meet the projected needs of the proposed development based on an evaluation of demand characteristics for similar uses as determined by the city.

   2. Residential-agricultural projects (one acre or larger lots). Same as (1) above, except that where there is adequate data to show that the agricultural use requirements will be met using other sources (i.e., a private well or irrigation shares), the city may delay the time of conveyance of the portion devoted to irrigation of agricultural lands until the occurrence of one of the following: (1) the source of water used for irrigation of agricultural lands is from the city's culinary or secondary water system, or (2) the area used for agricultural purposes is proposed to be converted to residential or other urban purpose.
   3. Commercial, Industrial, institutional, and all other non-residential uses shall be required to convey water rights per the following table:
      
      

      Non-residential Development	Culinary Uses	Irrigation Uses
      	Acre-Feet Required	Acre-Feet Required
      Commercial, industrial, institutional, and all other non-residential uses	An amount sufficient to meet the projected needs of the proposed development based on an evaluation of demand characteristics for similar uses as determined by the city.	3.60 acre-feet per irrigated acre

   4. Exceptions and adjustments to required amounts.
      1. Where, because of topographic conditions or other factors, some portion of the lands are permanently restricted from any use or activity requiring water, the city may reduce the amount of water required. Any request for reduction shall include enforceable provisions for ensuring the restricted condition.
      2. Notwithstanding the provisions of this code, no water will be required for any existing dwelling within the city not previously connected to the city water system, any existing dwelling which has been previously connected to the city's culinary water system, or any existing one-family dwelling which is subsequently annexed to the city and connected to the city water system.
      3. Subsequent to a determination of water requirement, if the use of an existing non-residential facility or development is modified and results in an increased use of water, an additional amount of water sufficient to meet the projected needs of the modified use shall be required to be conveyed to the city.
2. Type of water considered acceptable by the city. The city council does hereby establish that the preferred type of water acceptable to the city shall be stock in an irrigation company capable of delivering water through the city's water system and used within the city. The specific irrigation company water stock considered acceptable for conveyance to the city and the quantity allowable for each shall be as follows:
   1. Irrigation water stock. Transfer of title will be by delivery of a stock certificate(s), in the name of American Fork City, from one or a combination of the following irrigation companies:
      1. American Fork Irrigation Company: 0.50 shares per acre-foot which equates to two acre-feet per share.
      2. Provo Reservoir Water Users Company (PRWUCo) :
         1. Alpine District Full Shares: 0.20 shares per acre-foot which equates to five acre-feet per share.
         2. Alpine District Full contained Shares: 2.0 shares per acre-foot which equates to 0.5 acre-feet per share.
         3. Alpine District Late Shares: 0.40 shares per acre-foot which equates to 2.5 acre-feet per share.
         4. Alpine District Late contained Shares: 4.0 shares per acre-foot which equates to 0.25 acre-feet per share.
      3. Other Murdock Canal irrigation shares that are deliverable through the established turnout points capable of delivering water through the city's water system and used within American Fork City, including Highland Conservation District and PRWUA deliverable shares at 1.0 acre-foot per full share or 0.1 acre-foot per conserved share.
      4. Other irrigation stock including Mitchell Hollow, Mitchell Springs, or other applicable Surface Irrigation: (quantity as determined by the terms of an approved change application and by conveyance agreement with the city). Any such right will have a source and delivery system capable of delivering water through the city's water system and used within American Fork City.
      5. Conveyance costs or annual fees associated with irrigation shares identified in sections b, c, and d above, shall be assessed a fee to cover perpetual charges.
   2. Groundwater rights. The city, at the sole discretion of the city council, may accept title to water rights from a well or other groundwater source. Transfer of title of rights from a well right or other groundwater source, when approved by the city, shall be by warranty deed authorizing the diversion of a specific quantity of water in acre-feet and shall be subject to the following:
      1. The dedicator must file an application for dedication of water to American Fork City; pay the applicable fee, as set by the city council; and comply with all requirements of the application, including payment or reimbursement of all costs associated with the water dedication (including but not limited to attorney fees, water application filing fees, recording fees, and title insurance premiums).
      2. The city shall have given prior approval indicating its willingness to accept the water right proposed for conveyance.
      3. A change application for the water right proposed for conveyance signed by both the applicant and the city, shall have been submitted to the Utah Division of Water Rights and a decision rendered that approves the diversion of the water right through the city's points of diversion for municipal use in the city and that is acceptable to the city.
      4. Any wells or other points of diversion on the property must be permanently abandoned according to the requirements of the Utah Division of Water Rights, or (at the sole discretion of the city) conveyed to the city.
      5. Prior to acceptance of a water right by the city, the water right must have a water right title policy issued on it that is clean and approved by the city.
   3. City to approve proposed conveyance. Prior to acceptance of a water share or a water right the city shall evaluate the water share or water right proposed for conveyance and may refuse to accept any share or right which it believes to be insufficient in amount or flow or otherwise unsuitable for use by the city.
3. Time of conveyance. Actual conveyance of the water shall be as follows:
   1. For annexations. For all parcels signatory to the request for annexation, the conveyance of title to water shares and/or water rights shall occur concurrently with final action on the annexation by the city council. Provided, however, where, because a proposed annexation is large, or the proposed zone classification is for agricultural or other non-urban purpose, or there exist other conditions, deemed sufficient by the city, which prohibit actual conveyance of the water right at the time of annexation, the city council may authorize a delay in the time of conveyance of the water shares and/or water rights to a time following completion of annexation proceedings. Any proposal to delay the actual time of conveyance shall be subject to the following findings and conditions:
      1. The council, with the recommendation of the planning commission, determines that there is good and sufficient reason to delay the time of conveyance.
      2. The specific water shares and/or water rights proposed to be delayed are clearly identified.
      3. There is adequate assurance that the water shares and/or water rights proposed for conveyance in the future are irrevocably committed to the city through placement of the shares and/or rights in a third party escrow arrangement and/or execution of a water transfer agreement. The documentation establishing the terms of delay shall be established prior to the action to annex and shall include the following: (i) the timing and/or condition for actual conveyance are clearly stipulated in the agreement, (ii) in the instance of water rights, an application seeking approval of a change to municipal use shall have been filed with the Utah State Engineer, (iii) there are no encumbrances on said shares and/or rights which may prohibit their subsequent conveyance without cost to the city, (iv) no development which requires the delivery of water shall be approved for the parcel until actual conveyance has occurred.
   2. For subdivision and large scale development projects.
      1. Water shares and/or water rights, in an amount sufficient to meet the requirements for the proposed subdivision, large scale development or similar development project shall be conveyed concurrently with the action granting approval of a final plat of a project, approval of a site plan, or similar action which has the effect of authorizing a building permit or permission to commence construction of a project.
      2. Any water shares and/or water rights previously conveyed as part of an annexation shall be considered as a credit toward satisfying the requirements.
   3. For building permit.
      1. No building permit will be issued for the construction of a dwelling, commercial building or other structure intended for human occupancy without first conveying to the city water shares and/or water rights in an amount sufficient to meet the needs of the proposed use.
      2. Any water shares and/or water rights previously conveyed as part of an annexation or project development approval shall be considered as a credit toward satisfying the requirements.
      3. Notwithstanding the other provisions of this section, any parcel of real property which existed as an independent parcel, capable of development, within the city prior to January 1, 1980, shall be entitled to a water right credit in the amount of one acre-foot, to be applied in meeting the water right requirements for any subsequent development of the property. This grant of credit is appurtenant to the land and shall not be alienated from the parcel to which it applies.
4. Water banking. As recommended by the city engineer and approved by the city council, water may be banked with the city (i.e., conveyed to the city in exchange for water credits that can be used, or assigned to another person to be used, to meet the city's water dedication requirements), provided that:
   1. The water shares and/or water rights have gone through the full dedication process provided in Subsection (B);
   2. The city and the person banking the water enter into a Water Banking Agreement that is acceptable to the city; and
   3. A water banking fee, as set by the city council, is paid in full.

The city shall be granted full use of the banked water at the time of the execution of the Water Banking Agreement.

(Ord. No. 03-05-12; Ord. No. 2017-09-55, § 1, 9-26-2017; Ord. No. 2018-05-16, Pt. 1(§ 1), 5-8-2018)

1. In the instance of approval of a residential building permit on a lot within an approved residential subdivision or other legal lot of record, the zone clearance and land use authority shall be the American Fork City Building Division. The appeal authority for any determination made by the building division related to zone clearance and land use shall be the board of adjustment. The appeal authority for any determination made by the building division related to the International Building Code shall be as provided in the IBC.
2. In the instance of approval of conditional use application or site plan, pursuant to Chapter 17.5 or 17.6 of the Development Code, the land use authority shall be the planning commission or such other individual or department specifically designated by the terms of the code. The appeal authority for such applications shall be the city council.
3. In the instance of approval of a subdivision pursuant to the provisions of Chapter 17.8 of the development code, the land use authority shall be the Development Review Committee, acting in an administrative capacity. The appeal authority for such application shall be as set forth in 17.8.212.
4. In the instance of approval of a large scale development pursuant to the provisions of Chapter 17.7 of the development code, the land use authority shall be the Development Review Committee, acting in an administrative capacity. The appeal authority for such application shall be as set forth in 17.7.212.

(Ord. No. 2011-07-20, pt. I(§ 3), 7-12-2011)

This title shall be known as, and shall be entitled the Development Code of American Fork City, Utah, and may be so cited and pleaded. The Development Code of American Fork City, together with the Zoning Map, adopted as a part thereof, as may be amended from time to time, shall constitute the Land Use Ordinances of the city of American Fork, as referred to and authorized pursuant to the provisions of Section 10-9a-501 Utah Code Annotated, 1953 as amended.

It is the intent and purpose of the city council of American Fork City, Utah to avail itself of the powers granted under Title 10-9a-101 et seq.; 57-8-35; and 10-2-401 et seq. Utah Code, Annotated 1953, as amended, in a manner that will promote the health, safety, morals, convenience, order, prosperity, and general welfare of the present and future inhabitants of American Fork, and to this end.

1. To encourage and facilitate orderly growth and development within the city.
2. To secure economy in municipal expenditures and to facilitate adequate provision for transportation, water, sewerage, parks, schools and other public requirements.
3. To lessen congestion in the streets, prevent the overcrowding of land, and provide adequate light and air.
4. To secure safety from fires, floods, traffic hazards, and other dangers.
5. To stabilize and improve property values.
6. To protect the tax base.
7. To promote the development of a more attractive, wholesome and serviceable city.
8. To create conditions favorable to prosperity, civic activities, and recreational, educational, and cultural opportunities.

In interpreting and applying this code, the provisions thereof shall be held to be the minimum requirements needed to promote the public health, safety, morals, convenience, order, prosperity, and general welfare of the present and future inhabitants of the city. It is not intended by the adoption of this code to repeal, abrogate, annul, or in any way impair or interfere with any existing ordinances, codes, regulations, standards, or other provisions of laws except those which are specifically repealed under the terms of this code. Nor is it intended by this code to interfere with or abrogate or annul any easement, covenant, or other agreement between parties. Provided, however, that where this code imposes a greater restriction than is required by any ordinance, code, regulation, standard or other provision of law or by any easement, covenant or private agreement, the provisions of this code shall govern.

The owners of land and buildings shall not be deprived of the use of any property for the purpose to which it is lawfully devoted at the time of the enactment of this code. Nonconforming buildings or structures or uses of land, including but not limited to the raising of livestock, may be continued to the same extent and character as that which legally existed on the effective day of the applicable regulations. Repairs may also be made to a nonconforming building or to a building housing a nonconforming use.

Nonconforming uses within a building may be extended through the same building in which said nonconforming use is located provided:

1. That no structural alteration of the building is proposed or made for the purpose of the extension. For purposes of this code, the addition of a solar energy device to a building shall not be construed as a structural alteration.
2. That such increase or extension is required to comply with an order to improve issued by a health or safety official acting in his official capacity.
3. That the board of adjustment has approved such increase or extension.

(Ord. No. 95-09-35)

A nonconforming building or structure and a building or structure occupied by a nonconforming use which is damaged or destroyed by fire, flood, or other calamity or act of nature may be restored, and the building or structure, or part thereof may be continued or resumed, provided that such restoration is started within a period of one year from the date of destruction and is diligently prosecuted to completion. Such restoration shall not increase the floor space devoted to the nonconforming use over that which existed at the time the building became nonconforming.

A nonconforming building or structure or portion thereof or a lot occupied by a nonconforming use which is, or which hereafter becomes abandoned or which is discontinued for a continuous period of one year or more shall not thereafter be occupied, except by a use which conforms to the regulations of the zone in which it is located, provided that, in the case of nonconforming animal rights, said period of discontinuance shall be two years, and provided further, that the city council may, upon appeal, approve the re-establishment of a nonconforming use which has been discontinued for a period of longer than provided under this section, where the weight of the evidence clearly shows that the owner had no intention to terminate the nonconforming use or activity and that the longer period of discontinuance was beyond the control of the owner.

(Ord. No. 4-81-4-B)

Any nonconforming building or use which has been changed to a conforming building or use shall not thereafter be changed back to a nonconforming use.

A nonconforming use of a building or lot shall not be changed to another nonconforming use whatsoever. Changes in use shall be made only to a conforming use.

The provisions pertaining to nonconforming uses of land and building shall also apply to land and buildings which hereafter become nonconforming due to an amendment in the development code or map.

1. In all zones wherein one-family dwellings are listed as a permitted use, a one-family dwelling may be constructed on any lot or parcel of land, even though such lot or parcel does not comply with the area, width or depth requirements for one-family dwellings within the zone, subject to a determination by the zoning administrator that the lot complies with all of the following:
   1. The lot or parcel qualifies as a nonconforming lot of record (existed as a separately described parcel on the records of the county recorder prior to the effective date of the ordinance) and the parcel does not constitute an illegal subdivision lot. Except that any nonconforming lot having a width of less than sixty feet (as measured at the minimum front setback line) or a depth less than ninety feet shall require prior approval by the board of adjustment before issuance of a building permit;
   2. One-family dwellings are listed as a permitted use in the present zone; and
   3. All setbacks, height, access, building size, utility and special provision requirements of the existing zone and all applicable supplementary regulations can be met.
2. The authorization in this paragraph B. shall be applicable only in the instance of one-family dwellings. The board of adjustment shall not have the authority to approve a dwelling having two or more dwelling units on a parcel which does not fully comply with the requirements applicable thereto.

(Ord. No. 95-09-35)

In all zones wherein one-family dwellings are listed as a permitted use, an existing parcel containing two or more one-family dwelling structures may be subdivided into separate lots, which lots may or may not conform to the dimension and design requirements for lots within the zone, subject to all of the following:

1. A finding by the planning commission: (a) that the parcel proposed for subdivision qualifies as a nonconforming lot of record, (b) that each structure located on the lot was legally constructed in accordance with the zoning ordinance and building code in effect at the time of construction, and (c) each dwelling on the parcel qualifies as a one-family dwelling and is occupied by only one family.
2. A determination that each structure conforms with the setback requirements currently applicable in the zone or has been granted a variance therefrom by the board of adjustment.
3. A determination that each structure shall be served by separate water, sewer and other utility services.
4. A determination that each lot shall conform with the off-street parking requirements of the zone.
5. A determination that all public improvements required for subdivisions shall be in place or the construction thereof secured by an adequate performance guarantee.
6. A determination by the planning commission that each lot qualifies as a zoning lot.
   For purposes of compliance with the terms of the development code, any lot established pursuant to the terms of this section shall, upon recording of a final plat at the office of the county recorder, be construed to be a nonconforming lot of record.

(Ord. No. 07-02-08)

1. In the sole discretion of the city council, the city of American Fork may—but under no circumstances is required to—enter into agreements hereinafter to be known as "development agreements." Any such development agreement shall constitute a binding contract between the applicant and the city of American Fork (hereinafter sometimes referred to collectively as "the parties," and shall contain such terms and conditions as agreed to by the parties—subject to and consistent with the requirements of this title.
2. The mayor, city attorney, city administrator, planning administrator, city planner, city engineer, and/or any member of the city council when authorized to do so by said body, may negotiate the terms and conditions of development agreements on behalf of the city. Provided, that all development agreements shall be reviewed for legal sufficiency by the city attorney and submitted to the planning commission for its review and recommendation thereon prior to any final approval or disapproval thereof by the city council.

(Ord. No. 97-05-14)

The city may enter into a development agreement only if:

1. The development agreement has been duly adopted by the city council in accordance with the provisions of this title; and
2. The proposed development to which the development agreement pertains is in conformity with the city's general plan, zoning regulations, and the other applicable requirements; and
3. The proposed development subject to the agreement contains unique features which advance the policies, goals and objectives of American Fork City; and, if applicable,
4. The property owner agrees to contribute capital improvements which exceed the development's proportionate share of the costs of the facilities needed to service the development and thereby advance the provision of facilities to serve American Fork City.

(Ord. No. 97-05-14)

It is hereby expressly declared that the intent of this provision is to create a vested right in the owner or applicant of property as set forth pursuant to the terms of a development agreement. Any covenant by the city contained in a development agreement to refrain from exercising any legislative, quasi-legislative, quasi-judicial or other discretionary power, including rezoning or the adoption of any rule or regulation that would affect the proposed subdivision, shall also contain a proviso that the city may, without incurring any liability, engage in action that would otherwise constitute a breach of the covenant if it makes a determination on the record that the action is necessary to avoid a substantial risk of injury to the public health, safety and general welfare. The covenant shall also contain the additional proviso that the city may, without incurring any liability, engage in action that would otherwise constitute a breach of the covenant if the action is required by federal or state law.

(Ord. No. 97-05-14)

Except as otherwise expressly provided therein, development agreements shall create no rights enforceable by any third party who is not a direct party to such development agreements.

(Ord. No. 97-05-14)