This title and the regulations and restrictions contained herein are adopted and enacted for the purpose of enacting the rules and regulations for land use in Heber City. The General Plan is the foundation for establishing goals, purposes, and activities allowed on each land parcel to provide compatibility and continuity to the entire region as well as each individual neighborhood of for the present and future inhabitants of Heber City. The General Plan sets a future vision for the City and the zoning implements that vision. Concurrency is not mandated between the Plan and this code. The land use and development code is adopted to implement the evolving objectives of the General Plan and the following goals:

A. To encourage and facilitate orderly growth and development in the area; B. To promote safety from fires, floods, traffic hazards, and other dangers; C. To promote sanitation and health of the inhabitants; D. To discourage undue scattering of population and unnecessary expenditures of the moneys for excessive streets, water and sewer lines, and other public requirements; E. To stabilize and improve property values; F. To protect the residents from objectionable noise, odor, dust, fumes, and other deleterious substances or conditions;

The regulations and restrictions as set forth in this title shall be interpreted and applied as to further the purposes of this title.

The City is bound by the terms and standards of applicable land use ordinances and shall comply with mandatory provisions of those ordinances.

In interpreting and applying the provisions of this title, the requirements contained herein are declared to be the minimum requirements for the purposes set forth. The Community Development Director shall act as the land use authority to interpret the ordinance to members of the public, City departments, and to other branches of government, subject to general and specific policies established by the Planning Commission and City Council. Upon request, the Community Development Director shall make a written interpretation of the text of this title.

The existing ordinances of Heber City covering planning and the zoning of areas and districts in the City in their entirety and including the maps heretofore adopted and made a part of said ordinances, are hereby superseded and amended to read as set forth herein; provided, however, that this title, including the attached maps, shall be deemed a continuation of previous ordinances, and not a new enactment, insofar as the substance of revisions of previous ordinances are included in this title, whether in the same or in different language; and this title shall be so interpreted upon all questions of construction, including but not limited to questions of construction relating to tenure of officers and boards established by previous ordinances and to questions of conforming or nonconforming uses, buildings or structures, and to questions as to the dates upon which such uses, buildings, or structures became conforming or nonconforming.

If any part of this Ordinance is found to be unlawful or invalid by a court of law, that part alone shall be held as such and the remainder of this Ordinance shall remain in full effect.

A. The City Council may, without prior consideration of or recommendation from the Planning Commission, enact an ordinance establishing a temporary land use regulation for any part or all of the area within the municipality if:

1. the legislative body makes a finding of compelling, countervailing public interest; or 2. the area is unregulated.

B. A temporary land use regulation under Subsection (1)(a) may prohibit or regulate the erection, construction, reconstruction, or alteration of any building or structure or any subdivision approval.

C. A temporary land use regulation under Subsection (1)(a) may not impose an impact fee or other financial requirement on building or development.

D. The City Council shall establish a period of limited effect for the ordinance not to exceed 180 days.

E. The City Council may not apply the provisions of a temporary land use regulation to the review of a specific land use application if the land use application is impaired or prohibited by proceedings initiated under Utah Code 10-9a-509(1)(a)(ii)(B) et seq.

The City may impose an exaction or exactions on proposed land use development if:

A. An essential nexus exists between a legitimate governmental interest and each exaction; and B. each exaction is roughly proportionate, both in nature and extent, to the impact of the proposed development.

An applicant is entitled to approval of a land use application if: A. The application conforms to the requirements of the zoning map and applicable land use ordinance in effect when a complete application is submitted and all fees have been paid, unless:

1. The governing body, on the record, finds that a compelling, countervailing public interest would be jeopardized by approving the application; or 2. in the manner provided by local ordinance and before the application is submitted, the city has formally initiated proceedings to amend its ordinances in a manner that would prohibit approval of the application as submitted.

B. 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. 3. 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.

C. 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. The city shall not impose on a holder of an issued land use permit a requirement that is not expressed in the land use permit or in documents on which the land use permit is based or in the City ordinances.

D. 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 in the building permit or in documents on which the building permit is based or in the city ordinances.

A. The City may enter into a development agreement containing any term that the municipality considers necessary or appropriate to accomplish the purposes of this Title.

B. A development agreement may not:

1. limit the City's authority in the future to:

a. enact a land use regulation; or b. take any action allowed under Utah State Code Section 10-8-84 et seq;

2. require the city to change the zoning designation of an area of land within the city in the future; or

3. allow a use or development of land that applicable land use regulations governing the area subject to the development agreement would otherwise prohibit, unless the legislative body approves the development agreement in accordance with the same procedures for enacting a land use regulation under Utah State Code Section 10-9a-502 et seq, including a review and recommendation from the Planning Commission and a public hearing.

C. A development agreement that requires the implementation of an existing land use regulation as an administrative act does not require the city legislative body's approval under Utah State Code Section 10-9a -502 et seq.

D. If a development agreement restricts an applicant's rights under clearly established state law, the municipality shall disclose in writing to the applicant the rights of the applicant the development agreement restricts.

E. The city’s failure to disclose in accordance with Subsection D. voids any provision in the development agreement pertaining to the undisclosed rights.

F. A municipality may not require a development agreement as a condition for developing land if the municipality's land use regulations establish all applicable standards for development on the land.

G. To the extent that a development agreement does not specifically address a matter or concern related to land use or development, the matter or concern is governed by this Title and any applicable land use regulations.

Any person, firm, or corporation, whether as principal agent, employed or otherwise, violating or causing or permitting the violation of any of the provisions of this title shall be guilty of a Class C misdemeanor. Such person, firm, or corporation shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this title is committed, continued, or permitted by such person, firm, or corporation, and shall be punishable as herein provided.