This Title is known as the “Land Use Regulations Ordinance of Ephraim City, Utah,” and is referred to herein as “this ordinance.”

1. Authority and Purpose: This ordinance is adopted pursuant to the authority contained in Utah Code § 10-9a-401 (1953 as amended) to promote the public health, safety, and general welfare of the community. The purpose of this ordinance is to:
   1. Establish land use classifications dividing the City into various zoning districts;
   2. Govern the use of land for residential, commercial, office, industrial, and all other uses;
   3. Regulate and limit the height and bulk of buildings and other structures;
   4. Limit the occupancy and size of yards and open spaces;
   5. Establish boards and commissions and define powers and duties for each;
   6. Provide procedures for changing zoning districts and the standards which govern these districts, conditional use permits, variances and all other permits required by this ordinance;
   7. Establish penalties for violations of this ordinance.

1. Declaration: In interpreting and applying the provisions of this ordinance:
   1. the requirements herein are declared to be the minimum requirements for the purposes set forth;
   2. the plain English meaning of the text shall supersede; and
   3. applicants, property owners and other concerned parties should be given the most favorable or permissive possible reading of these regulations.
2. Conflict: This ordinance shall not nullify the more restrictive provisions of covenants, easements, agreements, deed restrictions, or other ordinances or laws, but shall prevail notwithstanding when such provisions are less restrictive. Nothing in this ordinance shall supersede applicable safety codes such as fire or building codes.
3. Severability:
   1. This ordinance revises and reenacts all land use laws. Whenever any provision of this ordinance refers to or cites a section of the Utah Code and that section is later amended or superseded, this ordinance shall be deemed amended to refer to the amended section or section that most nearly corresponds to that superseded section.
   2. The sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any such section, paragraph, sentence, clause, or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remainder of the ordinance other than the part determined to be unconstitutional or invalid.
4. Effect on Previous Ordinance: The existing ordinances covering land use and zoning are hereby superseded and amended to read as set forth herein, this ordinance is deemed to be a continuation of previous ordinances and not a new enactment.
5. Adoption of Moratorium: The City Council may adopt a moratorium or “temporary land use regulation” without a prior recommendation from the Planning Commission (Utah Code § 10-9a-504(1) and (3).

No city officer shall grant a permit or license for the use of any building or land or for the construction or alteration of any building or structure that does not comply with the provisions of this land use ordinance. Approvals given in violation of this ordinance are void.

1. Land Use Permit Required: A signed Land Use Permit signifying that the proposed use complies with the land use ordinance and setting forth the relevant city fees shall be received before a building permit can be issued.
   1. The permit must be signed by the Planning Director or his designee and such other city officials as required by the purpose for which the permit is being sought.
   2. Some uses under this code require issuance of Conditional Use Permits by the City Council before a Zoning Permit can be signed.
   3. Zoning Permits expire six months from the date issued if substantive work under the permit has not begun.
   4. The zoning permit review period shall be thirty days or less.
   5. As part of the zoning permit, the applicant may be required to obtain approval from other affected entities, such as UDOT, the Ephraim Irrigation Company, utility companies, etc. having infrastructure on the proposed lot or which will be directly affected by the proposed development. before a zoning permit will be issued by the City. (2008)
   6. Buildable area: structures shall not be built on slopes 20% or greater unless the final design is reviewed and approved by a professional geotechnical engineer or similarly qualified professional and a conditional use permit has been issued for the development. The City Engineer may require professional review for projects on slopes less than 20% if in his opinion the field conditions of the site warrant additional review due to unusual conditions or terrain. (See definition for “Buildable Area” and “Conditional Use Permit”)
   7. If the design or engineering of any application or proposed land use is beyond the expertise of the City Staff, the City may require third party review by an engineer approved by the City prior to the issuance of a land use permit.
      1. The applicant shall pay an additional fee to cover the cost of the third party review.
   8. Water Source Protection: all applications shall be reviewed for compliance with the Water Source Protection Plan requirements, as defined and adopted by Ephraim City Ordinance. Applications found to not comply with said Source Protection Plan may be denied by the City.
2. Building Permit Required: Erection, alteration, repair, removal or relocation of any building shall not commence or proceed without a written building permit and/or demolition permit issued by the Building Official according to the requirements of the adopted building code. Pools with electrical covers or submersed lighting, also require a permit. Flat concrete work such as driveways, sports courts, etc. do not require a building permit unless a the flat work is done as part of a larger project involving buildings and/or structures which would normally require a building permit.
3. Occupancy Permit Required: No land shall be used or occupied and no building hereafter structurally altered or erected shall be used or changed in use until a certificate of occupancy shall have been issued by the Building Inspector stating that the building or the proposed use thereof, or the use of the land complies with the provisions of this ordinance and any other applicable local, state or federal regulation. Certificates of Occupancy are required within ten days of completion of work.
4. Application Approvals: Complete applications for land use approvals are to be considered under the law that was in place when a complete application was submitted and all fees have been paid, unless the application jeopardizes a compelling, countervailing public interest; or a pending amendment to the ordinances was initiated as provided in city ordinance prior to the application. Pending amendments are of no consequence if not adopted within 180 days of being proposed. (Utah Code §. 10-9a-509)
5. Exactions: The city (or town) may impose an exaction or exactions on proposed land use development if:
   1. an essential nexus exists between a legitimate governmental interest and each exaction; and
   2. each exaction is roughly proportionate, both in nature and extent, to the impact of the proposed development.
6. Application Made to Conform to Zoning Map: An applicant is entitled to approval of a land use application if the application conforms to the requirements of the City’s zoning map and applicable land use ordinance in effect when a complete application is submitted and all fees have been paid, unless:
   1. The City Council, on the record, finds that a compelling, countervailing public interest would be jeopardized by approving the application; or
   2. In the manner provided by City ordinance and before the application is submitted, the municipality has formally initiated proceedings to amend its ordinances in a manner that would prohibit approval of the application as submitted.
7. Processing of Application: The City shall process an application without regard to proceedings initiated to amend the municipality's ordinances if:
   1. 180 days have passed since the proceedings were initiated; and
   2. The proceedings have not resulted in an enactment that prohibits the approval of the application as submitted.
8. Application Considered Complete: An application for a land use approval is considered submitted and complete when the application is provided in a form that complies with the requirements of applicable ordinances and all applicable fees have been paid.
9. Reasonable Diligence: The continuing validity of an approval of a land use application is conditioned upon the applicant proceeding after approval to implement the approval with reasonable diligence.
10. No Unexpressed Requirements: The City shall not impose on a holder of an issued land use permit a requirement that is not expressed:
    1. In the land use permit or in documents on which the land use permit is based; or
    2. In the City’s ordinances.
11. Certificate of Occupancy: The City will not withhold issuance of a certificate of occupancy because of an applicant's failure to comply with a requirement that is not expressed:
    1. In the building permit or in documents on which the building permit is based; or
    2. In the City’s ordinances.
12. Compliance: The City is bound by the terms and standards of applicable land use ordinances and shall comply with mandatory provisions of those ordinances. (2008)
13. Appeals: Appeals shall be done in accordance with the Noticing Requirements as provided in ECC 10.20.060 Table E: Notice Matrix and Appeals Process, and Utah Code 10-9A Part 7.

1. Planning Director Responsibilities: The Planning Director shall administer and enforce this ordinance. The Planning Director, by assignment, may, from time to time, entrust such administration, in whole or in part, to any other office of the government without amendment to this ordinance.
2. Permit Required: It shall be the duty of all architects, engineers, contractors, subcontractors, builders and other persons having to do with the establishment of any use of land or the erection, alteration, changing or remodeling of any building or structure to see that a proper permit has been granted before such work is begun. Any person doing or performing any such work without a permit having been issued is in conflict with the requirements of this ordinance in the same manner and to the same extent that the owner of the premises or the persons for whom the use is established, and shall be subject to the penalties herein prescribed for violation.
3. Penalties:
   1. Any firm, corporation, person or persons, or any action in behalf of such person, persons, firms or corporation, violating any of the provisions of this ordinance shall be guilty of a Class C misdemeanor or lesser offense at the discretion of the City Attorney. Each day that the violation of this ordinance shall continue shall constitute a separate offense.
   2. In addition to, or independent of the criminal penalties provided above, the City may bring a civil proceeding in a court of competent jurisdiction to enforce compliance with the terms of this ordinance, or to prevent, restrain, or abate any violation of the terms of this ordinance.
   3. Any violation of this ordinance is declared to be a public nuisance, and instead of, or in addition to, any criminal or civil enforcement measure authorized by this ordinance, may be enjoined or restrained by the City as other nuisances are abated under city ordinances or state law.

Amendments to this Land Use Ordinance which change property from one zoning district to another, which modify ordinance text, or which amend or modify stipulations or conditions of approval shall be adopted in accordance with this section. Any amendments or modifications to the maps or text of the City’s General Plan must also be done in accordance with the provisions of this section, in addition to the requirements found in Section 1.4 of the General Plan. (2008)

1. Amendments Submitted to Planning Commission: The city may not make any amendment authorized by this paragraph unless the amendment was proposed by the Planning Commission or is first submitted to the Planning Commission for its recommendations. (2006)
2. Procedure:
   1. The Planning Commission shall hold a public hearing and provide the proper notice in accordance with ECC 10.20.060 Table E: Notice Matrix.
   2. If changing property from one zone to another, when considering any amendments to the Land Use Ordinance, the Planning Commission shall ensure compliance with the Land Use Classification Map found in the General Plan.
   3. The Planning Commission shall make recommendations to the City Council concerning all proposed amendments.
   4. After the Planning Commission’s recommendation, the City Council may:
      1. adopt the land use ordinance as proposed;
      2. amend the land use ordinance and adopt or reject the land use ordinance as amended; or
      3. reject the ordinance.
3. Spot Zoning: The area within a zone need not be of a minimum size or include a minimum number of landowners. (Spot Zoning. Utah Code § 10-9a-505).
4. Reconsideration of Denied Amendments:
   1. One Year Limitation: If a petition for a land use change or an ordinance amendment is denied by the City Council, or is withdrawn after the Planning Commission hearing, the Planning Commission shall not consider the petition or any other petition for the same land use change or amendment of this Ordinance as it applies to the same property described in the original petition, or any part thereof, within a period of one year from the date of such a denial, unless the conditions upon which the date of the original denial was based have substantially changed.
   2. Substantial Change: For purposes of this Section, a substantial change in a request shall mean a substantial reduction in density and/or land area involved, a change in the proposed use, such as residential rather than commercial, or other factors which in the opinion of the City Council clearly constitute a significant change in a land use change request.
5. Subdivision Plat Amendments:
   1. Lot line adjustments- metes and bounds: A petition to adjust common lot lines between one two or more properties by metes and bounds may be reviewed and approved by the Planning Director if the following conditions have been met:
      1. No new lot is being created
      2. All resulting lots will comply with the required setbacks, minimum lot size, and minimum frontage for the zone in which they reside
      3. All affected property owners agree to the adjustment
      4. Noticing requirements followed as outlined in ECC 1.20.060 Table E: Notice Matrix.
   2. All Other Plat Amendments: All other plat amendments will be done in accordance with the provisions of this ordinance, and in accordance with the Noticing Requirements as specified in ECC 10.20.060 Table E: Notice Matrix.

1. Zone Classification: All land annexed to the city shall immediately receive the same zoning designation as the already zoned land with compatible surrounding uses within the City.
2. Land Use Designations Outside City: Notwithstanding A above, the Planning Commission shall have the authority to recommend and the City Council to adopt, land use designations for properties lying outside of the city limits to determine, in advance of annexation, the zone or zones into which property will be zoned upon annexation.
3. Compliance: All annexations to the city shall comply with all laws and requirements of the city as laid out in the adopted Annexation Policy Declaration, and all laws and requirements of the state relative to annexation of land.

Hearing and notice for proposal to vacate, alter, or amend a public street or right of way. For any proposal to vacate, alter, or amend a public street or right-of-way, the legislative body shall hold a public hearing and shall give notice of the date, place, and time of the hearing in accordance with the Noticing Requirements as provided in ECC 10.20.060 Table E: Notice Matrix for Land Use Applications. The City Council may approve, approve with conditions, or reject the road vacation. (See Utah Code §§ 10-9-A-208, and 10-9-1-609.5)

1. Land Use Authority: The Planning Director shall act together with the Planning Commission as the Land Use Authority unless otherwise specified herein. The Planning Director shall be responsible for:
   1. Administration and interpretation of this ordinance, including clarification of the intent, and review of land uses described and included in a land use district.
   2. Enforcement of this ordinance.
   3. Preparing application guidelines, forms, and administrative procedures.
2. Additional Responsibilities: Additional details of certain responsibilities may be provided in other sections of this ordinance. All decisions and interpretations of the Planning Director or Land Use Authority may be appealed to the appeal authority in accordance with Utah Code § 10-9a-701.

(see definition) In order to provide for just and fair treatment in the administration of local land use ordinances, and to ensure that substantial justice is done, there is hereby created an Appeal Authority to exercise the powers and duties provided by this section.

1. Organization: The Appeal Authority shall be appointed by the mayor with the consent of the City Council.
2. Powers and Duties: The Appeal Authority shall hear and decide:
   1. Appeals from decisions applying the land use ordinance made by the Planning Director or Land Use Authority as designated by the City Council;
   2. Variances from the terms of the land use ordinance.
3. Variances: Any person or entity desiring a waiver or modification of the requirements of this ordinance as applied to a parcel of property that he owns, leases, or in which he holds some authority for a variance from the terms of the ordinance:
   1. The Appeal Authority may grant a variance only if all of the following five conditions are satisfied:
      1. literal enforcement of the ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinances:
      2. there are special circumstances attached to the property that do not generally apply to other properties in the same zone;
      3. granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone:
      4. the variance will not substantially affect the general plan and will not be contrary to the public interest;
      5. the spirit of the land use ordinance is observed and substantial justice done
   2. In determining whether or not enforcement of this ordinance would cause unreasonable hardship under paragraph C,1,a. The Appeal Authority may not find an unreasonable hardship unless the alleged hardship:
      1. is located on or associated with the property for which the variance is sought; and
      2. comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
   3. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under paragraph C,1,a, the Appeal Authority may not find an unreasonable hardship if the hardship is self-imposed or economic
   4. In determining whether or not there are special circumstances attached to the property under paragraph B,2, the appeal authority may find that special circumstances exist only if the special circumstances:
      1. relate to the hardship complained of; and
      2. deprive the property of privileges granted to other properties in the same zone.
   5. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
   6. Variances run with the land.
   7. The Appeal Authority may not grant a use variance; ie, change allowance uses for that particular zone, such as changing the use from residential to commercial, etc.
   8. In granting a variance, the Appeal Authority may impose additional requirements on the applicant that will:
      1. mitigate any harmful affects of the variance; or
      2. serve the purpose of the standard or requirement that is waived or modified. (Utah Code § 10-9a-702)
4. Appeals: Appeals from decisions made by the Planning Director or Land Use Authority in administering or interpreting this ordinance shall be processed and reviewed in accordance with this section.
   1. The applicant, a board or officer of the municipality, or any person adversely affected by the land use authority’s decision administering or interpreting a land use ordinance may, within 10 days, appeal that decision by alleging that there is error in any order, requirement, decision, or determination made by the land use authority in the administration or interpretation of this ordinance.
   2. The appellant has the burden of proving that the land use authority erred.
   3. The Appeal Authority shall respect the due process rights of each of the participants.
   4. Only those decisions in which the Planning Director or Land Use Authority has applied the land use ordinance to a particular application, person, or parcel may be appealed to the Appeal Authority. (Utah Code §§ 10-9a-703; 705; 706 (2); 707 (4))
5. Review and Public Hearing Procedures: Completed applications for both variances and appeals will be reviewed by the Planning Director or Land Use Authority and shall forward a recommendation to the Appeal Authority for approval, approval with conditions, or denial based upon consideration and evaluation of the “Findings.” The Appeal Authority shall hold at least one (1) public meeting on the application. Prior to the meeting, notice shall be given in accordance with State Law. as specified in the ECC 10.20.060 Table E: Notice Matrix. Where a variance will affect the location of a building or structure; i.e. setbacks, etc., any affected utilities must also be notified in writing at least 7 days before the meeting, including Natural Gas, Power, or other utility which requires minimum spacing from buildings, structures, etc. Notwithstanding the notice requirements set forth above, the failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the action for which the notice was given.
   1. The Appeal Authority shall consider the recommendation of the Planning Director, or Land Use Authority together with information provided by the applicant, and any statements made at the public meeting both for and against the application. The Appeal Authority may approve, approve with conditions, or deny the application.
6. Final Decision: A decision of an appeal authority is final and takes effect on the date when the appeal authority issues a written decision, or within 30 days of the decision by appeal authority; whichever is sooner. (Utah Code § 10-9a-708)