This chapter shall be known as the LAND USE ORDINANCE OF HILDALE CITY and may be so cited and pleaded and may be cited as the "Land Use Code" wherever referenced in this chapter.

This chapter is adopted pursuant to the Utah Municipal Land Use, Development, and Management Act, found at Section 10-9a-101 et seq. of the Utah Code, and the police power delegated to local governments by the State of Utah.

This chapter is designed and enacted to provide for the health, safety, and welfare, and promote the prosperity, improve the morals, peace and good order, comfort, convenience, and aesthetics of Hildale City and its present and future inhabitants and businesses, to protect the tax base, to secure economy in governmental expenditures, to foster the City’s agricultural and other industries, to protect both urban and nonurban development, to protect and ensure access to sunlight for solar energy devices, to provide fundamental fairness in land use regulation, and to protect property values.

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

Provisions of the Land Use Code not found in this chapter which are applicable to the use and development of land include, but are not limited to, the following:

1. Title 5, chapter 55, "Impact Fees", of the Hildale City Code.
2. Title 15, chapter 151, "Building Regulations", of the Hildale City Code.
3. Title 15, Chapter 156, “Development Standards”, of the Hildale City Code.

This section describes the basic organizational scheme used in this Land Use Code 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 chapter.

1. Organizational Structure: the Land Use Code consists of six (6) articles, as follows:
   1. Article I - General Provisions.
   2. Article II - Administration And Enforcement.
   3. Article III - Base Zones.
   4. Article IV - Special Purpose And Overlay Zones.
   5. Article V - Regulations Of General Applicability.
   6. Article VI - Regulations For Specific Uses.
2. General Provisions:
   The powers and duties of decision making bodies and officials, public hearing and land use application review procedures, appeals, and variances. Enforcement provisions set forth remedies available to the city to enforce violations of this Land Use Code.
3. Administration And Enforcement:
   Administration and enforcement provisions in Article II of the Land Use Codedescribe the powers and duties of decision making bodies and officials, public hearing and land use application review procedures, appeals, and variances. Enforcement provisions set forth remedies available to the city to enforce violations of this chapter.
4. Types Of Zones:
   This Land Use Code establishes three (3) types of zones (also called "zoning districts"): base zones, special purpose zones, and overlay zones.
   1. Base zones establish regulations and development standards governing land uses allowed in each zone. Base zones are grouped into five (5) general categories: Planning and Zoning Ordinances for Hildale City: Version 2 16 agricultural, residential, commercial, business and industrial, and open space and public facilities.
   2. Special purpose zones consist of regulations that apply only in limited instances or to special circumstances.
   3. Overlay zones address specific circumstances that apply to specific 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 Land Use Code includes the following kinds of regulations and development standards:
   1. Base zone regulations, set forth in Article III of the Land Use Code, specify land uses allowed as of right or allowed after issuance of a conditional use permit. These regulations may be modified by overlay or special purpose zone regulations, set forth in Article IV of this chapter, or augmented by regulations for specific uses set forth in Article VI of this chapter. Base zone and overlay regulations are further augmented by regulations of general applicability set forth in Article V of this chapter.
   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 are numerical maximum or minimum conditions which govern development on a site. Performance standards establish certain criteria which must be met, but allow flexibility as to the method of meeting the standard. In the event of a conflict between any other provisions of this code and the Land Use Code, the provisions of the Land Use Code shall apply.

All departments, officials, and employees of the city vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter and shall issue no permit or license for a use, building, or purpose where the same would conflict with the provisions of this chapter. It shall be a violation of this chapter for any person to perform, or order the performance of, any act which is contrary to the provisions of this chapter or to fail to perform any act which is required by the provisions of this chapter. Any permit or license issued in violation of this chapter shall be null and void.

1. 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 chapter, unless no permit is required by this chapter or by the construction codes adopted by the city.
2. Utility Service:
   No electrical, sewer, telephone, water, or other utility line shall be installed to serve any premises if such installation is or will be in violation of this chapter.

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, arrangement, or construction at variance with that shown on approved plans and specifications shall be deemed a violation of this chapter.

1. Certificate Of Occupancy Required:
   No land shall be used or occupied and no building hereafter structurally altered or erected shall be used, until a certificate of occupancy has been issued stating that the building or the proposed use thereof, or the use of the land, complies with the provisions of this chapter or for renewing, changing or extending of a non-conforming use, structure, lot, or other nonconformity.
   
   A certificate of occupancy either for the whole or part of a building or structure shall be applied for coincidentally with the application for a building permit, and shall be issued after the erection or structural alteration of such building or structure, or part thereof, has been completed in conformity with the provisions of this title and the building code.
2. Unlawful To Use Or Occupy:
   It is unlawful, after 3 years from the effective date of this chapter, 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 premises. 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 specifically provided for in a certificate of occupancy.
3. Failure To Obtain Certificate Of Occupancy:
   Failure to obtain a certificate of occupancy, within 3 years from the effective date of this chapter, shall be a violation of this chapter.
4. Nuisance:
   The use or occupancy of any building for which a certificate of occupancy has not been issued, after 3 years from the effective date of this chapter, is hereby declared to be a public nuisance and may be abated as such. It shall also be a public nuisance for any building or structure to be used or occupied in a manner different than authorized by a certificate of occupancy.

This chapter shall not nullify the more restrictive provisions of covenants, agreements, other ordinances or laws, but shall prevail notwithstanding such provisions which are less restrictive.

In cases where provisions within this chapter conflict, the most restrictive provision shall apply over the less restrictive one unless the less restrictive provision specifically provides otherwise.

Nothing in this chapter shall require a change in any plans, construction, or designated use of any building or structure if a complete application for the same was submitted prior to the effective date of this chapter, unless such application, or a permit issued thereunder, expires. If an application or permit expires, any new permit shall conform to the requirements of this chapter.

Except as otherwise provided in this section, a person who submits a complete application pursuant to the provisions of this chapter is entitled to have such application considered on the basis of provisions in effect when the application is submitted.

1. Complete Application:
   An application shall be deemed "complete" when all materials required for the application have been submitted, as set forth in this chapter.
2. Substantial Action On Application:
   If within one year after an application has been submitted the applicant has not taken substantial action to pursue approval of the application, the application shall expire and any vested rights thereunder shall terminate.
3. Pending Ordinance Amendments:
   If a zoning map or text amendment to this chapter which may affect an application is pending when the application is submitted, the applicant shall not be entitled to rely on such provisions but may be required to comply with newly enacted provisions, as set forth below:
   1. A proposed amendment shall be deemed "pending" when the amendment proposal first appears on a duly noticed planning commission or city council agenda, whichever is sooner.
   2. An application affected by a pending amendment shall be subject to the following requirements:
      1. The application shall not be acted upon until six (6) months from the date when the pending amendment was first noticed on a planning commission or city council agenda unless:
         1. The applicant voluntarily agrees to amend his or her application to conform to the requirements of the proposed amendment; or
         2. The proposed amendment is sooner enacted or defeated, as the case may be.
      2. If a pending amendment is enacted within six (6) months after being noticed on a planning commission or city council agenda, an affected application which was filed while the amendment was pending shall conform to the enacted amendment.
      3. If a pending amendment to this chapter is not enacted within six (6) months after being noticed on a planning commission or city council agenda, the amendment shall no longer be considered pending and any affected application may be considered without regard to the previously pending amendment.
4. Preservation Of A Vested Right:
   1. An applicant who has a vested right under this chapter shall proceed with reasonable diligence to exercise development rights authorized by an approved application. Failure to proceed with reasonable diligence on an approved application prior to the expiration date of such application, as set forth in this chapter, shall terminate vested rights associated with such application.
   2. An applicant with vested rights shall continually conform to all conditions of approval of an application. An applicant's failure to do so shall constitute the applicant's knowing and willful waiver of the applicant's vested rights under such application.
5. Extent Of Vested Rights:
   An application approved under this chapter only authorizes the thing applied for under the application.
6. Termination Of A Vested Right:
   A vested right may be voided if the land use authority, on the record, finds that a compelling, countervailing public interest would be jeopardized by recognition of the vested right.
7. Applicability Of Generally Applicable Ordinances:
   Generally applicable provisions of this chapter and other city ordinances and regulations shall apply to all property, notwithstanding the establishment of a vested right.