This title shall be known as the "Herriman Land Development Code (HLDC)" and may be so cited and pleaded.

(Code 2023, § 10-1-1; Ord. No. 2017-54, 12-13-2017)

This title is adopted pursuant to the Municipal Land Use, Development, and Management Act, as set forth in U.C.A. 1953, § 10-9a-101 et seq., the general welfare power delegated to municipalities as set forth in U.C.A. 1953, § 10-8-84, and the police power authority of local government established by state common law.

(Code 2023, § 10-1-2; Ord. No. 2017-54, 12-13-2017)

This title is designed and enacted to:

1. Protect public health, safety, and welfare;
2. Promote the prosperity, peace and good order, comfort, convenience, and aesthetics of the city and its present and future inhabitants and businesses;
3. Protect the city tax base;
4. Promote economy in governmental expenditures;
5. Protect urban and non-urban development; and
6. Preserve and protect property value.

(Code 2023, § 10-1-3; Ord. No. 2017-54, 12-13-2017)

This title shall apply to all property within the corporate limits of the city except property expressly exempted by the provisions of this title or other lawful exemption.

(Code 2023, § 10-1-4; Ord. No. 2017-54, 12-13-2017)

Certain words and phrases in this chapter are defined in HCC chapter 10-3.

(Code 2023, § 10-1-5; Ord. No. 2017-54, 12-13-2017)

Code provisions not found in this title which are applicable to the use and development of land include, but are not limited to, the following:

(Code 2023, § 10-1-6; Ord. No. 2017-54, 12-13-2017)

This section describes the basic organizational scheme used in this title and the types of regulations found herein. It is intended to be informational only. Failure to follow the format described in this section shall not be a basis for invalidating any action taken pursuant to this title.

1. Organizational structure. This title consists of chapters organized to address the following:
   1. General provisions;
   2. Administration and enforcement;
   3. Zone regulations; and
   4. Generally applicable regulations.
2. General provisions. General provisions establish how this title is applied, describe how planning documents relate to this title, and provide rules and definitions for interpreting and applying the provisions of this title.
3. Administration and enforcement. Administration and enforcement provisions describe the powers and duties of decision-making bodies and officials, procedures for considering land use applications, standards for dealing with nonconforming circumstances, and enforcement provisions to correct violations of this title.
4. Zones. This title includes the following types of zones (or zoning districts): base zones, mixed use and special purpose zones, and overlay zones.
   1. Base zones establish regulations and development standards that govern land uses allowed in each base zone. Base zones are grouped into the following general categories: agricultural, residential, recreation, commercial and office, and manufacturing zones.
   2. Mixed use and special purpose zones establish regulations that apply only in limited instances or to special circumstances.
   3. Overlay zones establish regulations that address specific circumstances in certain geographic areas and which may traverse the boundaries of a number of base zones. Overlay zone regulations apply in addition to base zone regulations.
5. Types of regulations. This title includes the following kinds of regulations and development standards:
   1. Base zone regulations specify land uses allowed as of right or allowed after issuance of a conditional use permit. These regulations may be modified by mixed use, special purpose, and overlay zone regulations or augmented by regulations of general applicability.
   2. Development standards include fixed dimensional standards and performance standards. Development standards control the height, size, location, and other particular aspects of structures and uses on sites intended for development. These standards also prescribe setback and buffering requirements between zones and between potentially incompatible uses. Fixed dimensional standards establish numerical maximum or minimum conditions which govern development on a particular site. Performance standards establish certain standards which must be met, but may allow flexibility as to the method of meeting the standard.

(Code 2023, § 10-1-7; Ord. No. 2017-54, 12-13-2017)

1. Conformance required. The provisions of this title shall be construed as the minimum requirements necessary to promote public health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants and businesses of the city. Each department, official, and employee of the city vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title and shall issue no permit or license for a use, building, or purpose where the same would conflict with the provisions of this title. Any permit or license issued in violation of this title shall be null and void.
2. Permits required. No building or structure shall be constructed, reconstructed, altered, or moved, nor shall the use or status of land be changed except after the issuance of valid permits which conform to the requirements of this title, unless no permit is required by this title or by the construction codes adopted by the city.
3. Utility service. No electrical, sewer, telephone, water, or other utility line shall be installed to serve any lot, parcel, building, or structure, or any portion thereof if such installation will violate the provisions of this title.

(Code 2023, § 10-1-8; Ord. No. 2017-54, 12-13-2017)

Building and other permits and certificates of occupancy issued by the city authorize only the use, arrangement, and construction set forth in the approved plans and applications, and no other use, arrangement or construction. Use, arrangements, or construction at variance with that shown on approved plans and specifications shall be deemed a violation of this title.

(Code 2023, § 10-1-9; Ord. No. 2017-54, 12-13-2017)

1. Certificate of occupancy required. No lot, parcel, or building shall be used or occupied until a certificate of occupancy has been issued pursuant to applicable provisions of the construction codes adopted by the city. A certificate of occupancy shall be issued only if the building and the lot or parcel on which the building is located conform to applicable provisions of this title and other construction codes and regulations adopted by the city.
2. Unlawful to use or occupy. It is unlawful to use or occupy, or to permit the use or occupancy of any building or structure, unless a certificate of occupancy has been issued for such building or structure. It is unlawful to use or occupy, or to allow to be used or occupied, any building or structure with a use or occupancy that is different than provided in a certificate of occupancy.
3. Failure to obtain certificate of occupancy. Failure to obtain a certificate of occupancy shall be a violation of this title.
4. Nuisance. The use or occupancy of any building, structure, or premises for which a certificate of occupancy has not been issued is hereby declared to be a public nuisance and may be abated as such. It shall also be a public nuisance for any building, structure, or premises to be used or occupied in a manner different than authorized by a certificate of occupancy.

(Code 2023, § 10-1-10; Ord. No. 2017-54, 12-13-2017)

This title shall not nullify the more restrictive provisions of agreements, other ordinances or laws, but shall prevail notwithstanding such provisions which are less restrictive. In cases where provisions within this title conflict, the most restrictive provision shall apply over the less restrictive one unless the less restrictive provision specifically provides otherwise.

(Code 2023, § 10-1-11; Ord. No. 2017-54, 12-13-2017)

The omission to specify or enumerate in this title those provisions of general law applicable to all cities shall not be construed as a waiver of the benefits of any such provisions.

(Code 2023, § 10-1-12; Ord. No. 2017-54, 12-13-2017)

The chapters, parts, sections, paragraphs, sentences, and phrases of this title are hereby declared to be severable. If any chapter, part, section, paragraph, sentence, or phrase of this title is declared invalid by a court of competent jurisdiction, or deleted through amendment or repeal, such invalidation or deletion shall not affect the remaining parts of this title.

(Code 2023, § 10-1-13; Ord. No. 2017-54, 12-13-2017)