1. This ordinance shall be known and referred to as the “Land Use Ordinance of Ballard City, Utah” or the "Land Use Ordinance" or "Zoning Ordinance" and can be cited and pleaded with this name.
2. The City Council of Ballard City, Utah, adopts this ordinance pursuant to the Municipal Land Use Development and Management Act, §10-9a, of Utah State Code Annotated and such other authorities and provisions of Utah statutory and common laws that are relevant and appropriate. 
   

This title and the regulations and restrictions in this ordinance are adopted and enacted for the purpose of promoting the health, safety, welfare of the City's residents. Also for promoting the prosperity, improving the morals, peace and good order, comfort, convenience and aesthetics of the City and its present and future inhabitants and businesses. As well as encouraging and facilitating the orderly use, growth and development of the land within the City; to protect the tax base and secure economy in municipal expenditures; to provide adequate provisions for open spaces, light, air quality, transportation and public or alternative transportation, infrastructure, public facilities, vegetation, trees and landscaping; and to promote the development of a more wholesome, serviceable and attractive city resulting from an orderly, planned use of resources.

All master or general plans adopted by the City or for an area within the incorporated boundaries of the City shall serve as an advisory guide for land use decisions. Amendments to the text of this ordinance shall be consistent with the purposes, goals, objectives, and policies of the applicable adopted master plans or general plans of the City.

1. To accomplish the purposes of this title, the City may enact all ordinances, resolutions, and rules and may enter into other forms of land use controls and development agreements that the City considers necessary or appropriate for the use and development of land within the City, including ordinances, resolutions, rules, restrictive covenants, easements, and development agreements governing: uses; density; open spaces; structures; buildings; energy efficiency; light and air; transportation and public or alternative transportation; infrastructure; street and building orientation; width requirements; public facilities; fundamental fairness in land use regulation; and considerations of surrounding land uses to balance the forgoing purposes with a landowner’s private property interests and associated statutory and constitutional protections.
   
2. In interpreting and applying this Ordinance, the requirements in this document are minimum requirements.

This Ordinance will not replace more restrictive requirements of covenants, agreements or other ordinances or laws, but will be used whenever other requirements are less restrictive. If a court of competent jurisdiction declares any section, requirement, sentence or clause of this ordinance unconstitutional, that decision will not impair the remainder of this Ordinance, which will remain in full force and effect.

Existing ordinances dealing with zoning, in their entirety and including the maps are now replaced and amended to read as set forth in this document; provided however, that this ordinance, including the attached map, will be seen as a continuation of previous ordinances and not a new ordinance. This ordinance will be used to interpret all questions relating to construction, tenure of officers and boards established by previous ordinances, and to questions of conforming or nonconforming uses and buildings and structures, and to questions as to the dates when uses, buildings or structures became conforming or nonconforming.

1. The City is hereby authorized and empowered to promulgate by way of resolution certain guidelines and/or checklists relative to this title. 
2. These materials shall be provided to any interested person upon request and upon payment of a fee if specified by the City’s fee schedule.
3. These materials shall be for instructional purposes only and represent an attempt to aid those seeking to comply with the requirements of this title. In the event any conflict arises between such guidelines and this title or other regulations, resolutions, or policies of the City, said ordinances, resolutions, regulations or policies shall be deemed controlling and all questions shall be resolved in their favor.
4. Failure of an applicant(s) to follow guidelines or checklists may be cause for delay of approval.
   

1. All departments, officials, and public employees of the City who are vested with the duty or authority to issue permits or licenses shall ensure conformance to the provisions of this ordinance. They shall issue no such permit or license for uses, buildings, or purposes where the same would be in conflict with the provisions of this ordinance.
2. Any such permit or license, if issued in conflict with the provisions of this ordinance, shall be null and void.
3. The issuance of any permits by the City does not permit holders of said permits to violate restrictive covenants which may affect the subject property or lot. It shall be the responsibility of the permit holder to adhere to restrictive covenants. Violation(s) of restrictive covenants shall not be the City’s responsibility to enforce, and may be remedied as indicated in the specific restrictive covenants.
   

Where punishment for specific provisions is not specified in this ordinance, any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating, causing or permitting the violation of any of the provisions of the ordinance shall be guilty of a Class C misdemeanor. Where punishment for the violated provision is specified, the violator shall be subject only to the fine or criminal charge set forth (and shall not necessarily be found guilty of a Class C misdemeanor). Upon conviction thereof, the guilty party shall be punishable under the applicable provisions of State law. Such person, form, or corporation shall be deemed guilty of a separate offense for each and every day during which any portion of any violation of this ordinance is committed, maintained, continued, or permitted by such person, firm, or corporation, and shall be punishable as provided herein.

Should any section, clause, or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this ordinance as a whole or any part hereof other than the part specifically so declared to be invalid.