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Gunnison City Zoning Code

CHAPTER 1

TITLE, PURPOSE, DECLARATION OF INTENT AND EFFECTIVE DATE

Section 101 Short Title

This Ordinance shall be known and may be referred to as the “Gunnison City Zoning Ordinance.” The Gunnison City Zoning Ordinance may, in subsequent chapters and sections, and in the Administrative Manual be referred to as “Ordinance,” “the Ordinance,” “this Ordinance” or “Zoning Ordinance.” This Ordinance may be codified in the Gunnison City Municipal Code.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 102 Authority

The City Council of Gunnison City, Utah (hereinafter “Council) adopts this Ordinance pursuant to the State of Utah Municipal Land Use, Development, and Management Act, as provided at §10-9a et seq. Utah Code Annotated, 1953, as amended (U.C.A.) (hereinafter “the Act”) and other authorities and provisions of Utah and Federal statutory and common law, as applicable. This Ordinance constitutes part, and is a component of, the Gunnison City Land Use Ordinances, as provided and authorized by the Act.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 103 Declaration

This Ordinance provides for the establishment of Zoning Districts, with associated requirements, standards, and other provisions for the guidance, management, and regulation of land uses, buildings and structures, and activities occurring within the municipal boundaries of Gunnison City. This ordinance is declared to be consistent with, and to meet the requirements of the Act.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 104 Purpose

This Ordinance is provided to implement the goals and policies of the Gunnison City General Plan (hereinafter “General Plan”) and the other purposes, as provided by the Act. This Ordinance contains standards, provisions and requirements intended to protect the health, safety, and welfare of the citizens and businesses of Gunnison City, to guide and manage future growth and development, and to promote the orderly use of lands located within the City. It is the purpose of this Ordinance to provide a means of ensuring predictability and consistency in the use and development of land located within the City. These purposes are met by:

  1. Guiding growth and development in an orderly manner.
  2. Providing for the implementation of the General Plan.
  3. Preserving the natural beauty and resources, including open space, wildlife habitat, clean air and water.
  4. Providing opportunities for the establishment of appropriate business activities to meet the needs of residents and others.
  5. Preventing the overcrowding of land.
  6. Reducing damage and injury from natural disasters such as fire, flood, geologic and seismic hazards, and other dangers.
  7. Directing and managing the type, distribution, and intensity of land uses and activity.
  8. Providing required public services, facilities, and amenities.
  9. Protecting landowners from potential adverse impacts from adjoining uses, and
  10. Securing economy and efficiency in the allocation and expenditure of public funds and resources.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 105 Provisions Of Administrative Guidelines, Standards, And Other Materials - Compliance Required

  1. The City may provide a Land Use Ordinances Administrative Manual (hereinafter “Administrative Manual”) to provide administrative guidelines, standards, forms, or other documents to assist the City Staff, City residents, and Applicant(s) in providing and processing applications and interpreting and administering the City’s Land Use Ordinances, including this Ordinance.
  2. When provided by the Council the Land Use Applications required by this Ordinance shall be reviewed and approved or denied by the Land Authority, as applicable, and in compliance with all requirements and standards of this Ordinance and all guidelines, standards, forms, or other documents, as applicable.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 106 Applicability

  1. Applications accepted by the City as complete for any approval required by the provisions of this Ordinance shall be processed, reviewed and approved or denied, subject to the provisions of this Ordinance and all other Ordinances and Resolutions of the City, as applicable and in effect at the time the application is determined to be “complete,” by the City Recorder, as required by this Ordinance and Resolutions, as applicable.
  2. No building or structure shall be erected, and no existing building or structure shall be moved, altered or enlarged nor shall any land, building or premises be used, designed or intended to be used for any use, activity, purpose, or in any manner other than as allowed by this Ordinance.
  3. The provisions of this Ordinance shall apply to all lands located within the municipal boundaries of Gunnison City, unless exempted by the provisions of this Ordinance, or other lawful exemption.
  4. The provisions of this Ordinance shall be held to be the minimum requirements necessary to protect the health, safety, and welfare of the citizens of Gunnison City, and achieve the purposes of this Ordinance.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 107 Conflict

This Ordinance shall not nullify any laws, ordinances, or requirements that are more restrictive, but shall prevail notwithstanding such laws, ordinances, or requirements that are less restrictive.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 108 Permits And Licenses To Conform To This Ordinance

All officials, employees, and agents with the duty or authority to issue approvals, permits, or licenses required by this Ordinance shall require that such approvals, permits, or licenses conform to the provisions of this Ordinance and shall not issue any approvals, permits, or licenses for any use(s), activity(ies), building(s), or structure(s) in conflict with the provisions of this Ordinance. Any approval, permit, or license issued in violation of this Ordinance shall be invalid and void.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 109 Effective Date

This Ordinance shall take effect on January 1, 2011 following its adoption by the Council.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 110 Omissions Not A Waiver

An omission to specify or enumerate in this Ordinance those provisions of general law applicable to all Utah municipalities shall not be construed to be a waiver of any such laws.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

Section 111 Repealer And Effect

Upon its adoption by the Council, and upon its effective date, this Ordinance shall repeal Chapters 10-1, 10-2, 10-3, 10-4, 10-5, 10-10, 10-11, 10-12 and 10-13 of the Gunnison City Development Code, existing on the effective date of this Ordinance and shall govern and apply to the use of all lands located within the municipal boundaries of Gunnison City, Utah. The provisions of this Ordinance shall be construed to carry out the purposes of this Ordinance and the purposes of the State of Utah enabling laws, including the Act, and to avoid conflict with the laws of the United States of America, the State of Utah, or any other limitations imposed by law. If any chapter, section, subsection, provision, sentence or clause of this Ordinance is declared unconstitutional by a court of competent jurisdiction, such determination shall not impair the validity of the remainder of this Ordinance, which shall remain in effect.

HISTORY
Adopted by Ord. 2010-2 on 11/17/2010

2010-2