This title shall be known as and shall be entitled the ZONING ORDINANCE OF THE CITY OF CEDAR HILLS, UTAH, and may be so cited and pleaded. The zoning ordinance of the City of Cedar Hills, Utah (zoning ordinance), together with the official zoning map, (zone map) adopted as a part thereof, as may be amended from time to time, shall constitute a portion of the land use ordinances of the City of Cedar Hills, Utah, as referred to and authorized pursuant to the provisions of section 10-9a-501 Utah Code Annotated, 1953, as amended. (Ord. 2-21-2006A, 2-21-2006)

It is the intent and purpose of the city council to avail itself of the powers granted under Utah Code Annotated section 10-9-101 et seq., and Utah Code Annotated section 57-8-35, 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 the city and to this end to:

   A.   Encourage and facilitate orderly growth and development in the city.

   B.   Secure economy in municipal expenditures and to facilitate adequate provision for transportation, water, sewerage, parks, schools and other public requirements.

   C.   Lessen congestion in the streets, prevent the overcrowding of land, and provide adequate light and air.

   D.   Secure safety from fires, floods, traffic hazards and other dangers.

   E.   Stabilize and improve property values.

   F.   Protect the tax base.

   G.   Promote the development of a more attractive and wholesome and serviceable city.

   H.   Create conditions favorable to prosperity, civic activities and recreational, educational and cultural opportunities. (Ord. 6-20-78A, 6-20-1978)

In establishing the zones, the boundaries thereof, and other regulations and restrictions applying within each of the zones, due and careful consideration was given, among other things, to the suitability of the land for particular uses, and to the character of the zone, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city. (Ord. 6-20-78A, 6-20-1978)

The regulations and restrictions as set forth in this title shall be so interpreted and construed as to further the objectives and purposes thereof. (Ord. 6-20-78A, 6-20-1978)

In interpreting and applying this title, 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 the ordinance codified herein to repeal, abrogate, annul or in any way impair or interfere with any existing ordinance, codes, regulations, standards or other provisions of law, except those that are specifically repealed under the terms of the ordinance codified herein. Nor is it intended by the ordinance codified herein to interfere with or abrogate or annul any easement, covenant or other agreement between parties; provided, however, that where this title 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 title shall govern. (Ord. 6-20-78A, 6-20-1978)

Any building or use of land, or any construction thereon, that was not authorized by or under the temporary zoning ordinance as passed by the city council, shall remain unauthorized and illegal unless expressly authorized or permitted in the provisions of this title. (Ord. 6-20-78A, 6-20-1978)

This title, including the zone map, may be amended, but all proposed amendments must first be submitted to the planning commission for its recommendation.

   A.   Intent With Respect To Amendments: All amendments to this title shall be made in accordance with the comprehensive plan of land use. It is hereby declared to be public policy that this title shall not be amended unless it can be shown that change or changing conditions make the proposed amendment reasonably necessary to the promotion of the purposes of this title.

   B.   Amendment Process: The procedure to be followed in amending the zoning ordinance and zone map shall be as set forth below:

      1.   Written Petition Required; City Initiated Amendments Permitted: Any person seeking an amendment to this title or zone map shall submit to the planning commission a written petition designating the change desired and the reasons therefor, and shall pay a filing fee to the city in such amount as established by resolution of the city council. Amendments may also be initiated by action of the planning commission or upon request of the city council.

      2.   Planning Commission To Make Recommendations: Upon receipt of the petition, the planning commission shall consider the request and, subject to completion of a public hearing on the matter before the planning commission with public notice given in accordance with the provisions of subsection B3 of this section, shall submit its recommendations with respect thereto to the city council.

      3.   Planning Commission To Conduct Public Hearing Before Recommending Amendments; Notice Of Hearing To Be Provided: No ordinance approving an amendment to the zone map or text of the zoning ordinance, or approving a large scale development project may be enacted by the city council unless and until a public hearing relating to the proposed ordinance shall have been conducted by the planning commission. Notice of the date, time and place of the first public hearing regarding a proposed amendment to the zone map, text of the zoning ordinance or ordinance of approval of a large scale development project shall be given as follows:

         a.   Published in a newspaper of general circulation in the area at least ten (10) calendar days before the date of the hearing, and

         b.   Posted in at least three (3) public locations within the city, or on the city's official website, and

         c.   Mailed to each affected entity 1 , at least ten (10) calendar days before the date of the hearing.

      4.   Amendments To Be Adopted By Council; Notice Required: The city council, at a public meeting called for the purpose and after a public hearing thereon before the council, shall consider each proposed amendment to the zone map, text of the zoning ordinance, or ordinance of approval for a large scale development recommended to it by the planning commission and may act to adopt or reject the amendment or ordinance of approval as recommended by the planning commission or after making any revision to adopt the amendment the city council considers appropriate. Notice of the public meeting at which the city council will consider a proposed amendment or ordinance of approval shall be given at least twenty four (24) hours before the meeting, which notice shall, as a minimum, be posted in at least three (3) public places within the city; or on the city's official website.

      5.   Amendments To Be Adopted By Ordinance; Public Notice Of Adoption Required: All amendments to the zoning ordinance and zone map shall be adopted, published and recorded in accordance with the applicable provisions of Utah Code Annotated 10-3-701 et seq. (Ord. 2-21-2006A, 2-21-2006)

   A.   Nonconforming Uses May be Continued: Nonconforming buildings or structures, or use of land, may be continued to the same extent and character as that which legally existed on the effective date of the applicable regulations. Repairs may also be made to a nonconforming building or to a building housing a nonconforming use.

   B.   Change To Conforming Use: Any nonconforming building or use that has been changed to a conforming building or use shall not thereafter be changed back to a nonconforming use.

   C.   Change To Another Nonconforming Use Prohibited: 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 conforming use.

   D.   Nonconforming Lots Of Record; Dwellings Permitted: The chief building official may issue a building permit for construction of a single-family dwelling on any nonconforming lot of record without the necessity of hearing officer approval; provided, that:

      1.   Single-family dwellings are listed as a permitted use in the present zone; and

      2.   All setbacks, height, building size and special provision requirements of the existing zone and all applicable supplementary regulations can be met.

(Ord. 6-20-78A, 6-20-1978; amd. Ord. 4-23-80A, 4-23-1980; Ord. 07-07-2020A, 7-7-2020)

The provisions pertaining to nonconforming uses of land and buildings shall also apply to land and buildings that hereafter become nonconforming due to an amendment to the zoning ordinance. (Ord. 6-20-78A, 6-20-1978)

Authorization granted by the city to construct a building or structure, or to change the use of land, shall not be denied or abridged in the event that construction has taken place thereon to the extent of one thousand dollars ($1,000.00) or more in replaceable value by the effective date hereof; provided, however, that such authorization to construct a building or structure shall be denied if construction would not have complied with all applicable laws and ordinances existing prior to the date of the ordinance amendment. "Replaceable value" shall be construed to mean the expenditure necessary to duplicate the material and labor at market prices. (Ord. 6-20-78A, 6-20-1978)

Uses of land that 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 title. 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 title. Neither the planning commission, the hearing officer nor the zoning administrator shall permit a use within a zone that is not expressly permitted by the terms of this title.

(Ord. 6-20-78A, 6-20-1978; amd. Ord. 07-07-2020A, 7-7-2020)