This title shall be known as the LAND USE ORDINANCE OF HONEYVILLE CITY and may be so cited and pleaded.

(Adopted by Ord. 2007-02 on 7/11/2007)

This title is adopted pursuant to the Utah land use development and management act, section 10-9a-101 of the Utah code, and the police power authority of local government as established by Utah common law.

(Adopted by Ord. 2007-02 on 7/11/2007)

The purposes of this title are to provide for the health, safety, and welfare, and promote the prosperity, improve the morals, peace and good order, comfort, convenience, and aesthetics of the city and its present and future inhabitants and businesses, to protect the tax base, to secure economy in governmental expenditures, 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.

(Adopted by Ord. 2007-02 on 7/11/2007)

Except as otherwise provided in section 10-1-5 of this chapter, this title shall apply to all property within the corporate limits of the city except property expressly exempted therefrom by the provisions of this title or other lawful exemption.

(Adopted by Ord. 2007-02 on 7/11/2007)

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

A.

Title 8, "Water Regulations", of this code;

B.

Title 9, "Building Regulations", of this code.

(Adopted by Ord. 2007-02 on 7/11/2007)

A.

Applicability to Other Entities: Except as otherwise set forth in this section, Box Elder County and any municipality, school district, charter school, local district, special service district, or political subdivision of the state shall conform to any applicable provision of this title when installing, constructing, operating, or otherwise using any area, land, or building situated within the city.

B.

School Districts and Charter Schools:

1.

Except as provided in subsection B,2 of this section, a school district or charter school is subject to the provisions of this title.

a.

Notwithstanding subsection B,2 of this section, the city may:

(1)

Subject a charter school to standards within each zone pertaining to setback, height, bulk, and massing regulations, off-site parking, curb cut, traffic circulation, and construction staging; and

(2)

Impose regulations upon the location of a project necessary to avoid unreasonable risks to health or safety, as provided in subsection B,2,f of this section.

b.

The standards to which the city may subject a charter school under subsection B,1,a of this section shall be objective standards only and may not be subjective.

c.

Except as provided in subsection B,6,d of this section, the only basis upon which the city may deny or withhold approval of a charter school's land use application is the charter school's failure to comply with a standard imposed under subsection B,1,a of this section.

d.

Nothing in subsection B,1,c of this section may be construed to relieve a charter school of an obligation to comply with a requirement of an applicable building or safety code to which it is otherwise obligated to comply.

2.

The city may not:

a.

Impose requirements for landscaping, fencing, aesthetic considerations, construction methods or materials, additional building inspections, municipal building codes, building use for educational purposes, or the placement or use of temporary classroom facilities on school property;

b.

Except as otherwise provided in this section, require a school district or charter school to participate in the cost of any roadway or sidewalk, or a study on the impact of a school on a roadway or sidewalk, that is not reasonably necessary for the safety of schoolchildren and not located on or contiguous to school property, unless the roadway or sidewalk is required to connect an otherwise isolated school site to an existing roadway;

c.

Require a school district or charter school to pay fees not authorized by this section;

d.

Provide for inspection of school construction or assess a fee or other charges for inspection, unless the school district or charter school is unable to provide for inspection by an inspector, other than the project architect or contractor, who is qualified under criteria established by the state superintendent;

e.

Require a school district or charter school to pay any impact fee for an improvement project unless the impact fee is imposed as provided in the impact fees act, title 11, chapter 36 of the Utah code; or

f.

Impose regulations upon the location of a project except as necessary to avoid unreasonable risks to health or safety.

3.

Subject to section 53A-20-108 of the Utah code, a school district or charter school shall coordinate the siting of a new school with the city to:

a.

Avoid or mitigate existing and potential traffic hazards, including consideration of the impacts between the new school and future highways; and

b.

Maximize school, student, and site safety.

4.

Notwithstanding subsection B,2,d of this section, the city may, at its discretion:

a.

Provide a walk-through of school construction at no cost and at a time convenient to the school district or charter school; and

b.

Provide recommendations based upon the walk-through.

5.

a.

Notwithstanding subsection B,2,d of this section, a school district or charter school shall use:

(1)

A city building inspector;

(2)

(A)

For a school district, a school district building inspector from that school district; or

(B)

For a charter school, a school district building inspector from the school district in which the charter school is located; or

(3)

An independent, certified building inspector who is:

(A)

Not an employee of the contractor;

(B)

Approved by:

(a)

A city building inspector; or

(b)

A.

For a school district, a school district building inspector from that school district; or

B.

For a charter school, a school district building inspector from the school district in which the charter school is located; and

(C)

Licensed to perform the inspection that the inspector is requested to perform.

b.

The approval under subsection B,5,a,(3),(B) of this section may not be unreasonably withheld.

c.

If a school district or charter school uses a school district or independent building inspector under subsection B,5,a,(2) or B,5,a,(3) of this section, the school district or charter school shall submit to the state superintendent of public instruction and city building official, on a monthly basis during construction of the school building, a copy of each inspection certificate regarding the school building.

6.

a.

A charter school shall be considered a permitted use in all zoning districts within the city.

b.

Each land use application for any approval required for a charter school, including an application for a building permit, shall be processed on a first priority basis.

c.

Parking requirements for a charter school may not exceed the minimum parking requirements for schools or other institutional public uses throughout the city.

d.

If the city has designated zones for a sexually oriented business, or a business which sells alcohol, a charter school may be prohibited from a location which would otherwise defeat the purpose for the zone unless the charter school provides a waiver.

e.

(1)

A school district or a charter school may seek a certificate authorizing permanent occupancy of a school building from:

(A)

The state superintendent of public instruction, as provided in subsection 53A-20-104(3) of the Utah code, if the school district or charter school used an independent building inspector for inspection of the school building; or

(B)

A city official with authority to issue the certificate, if the school district or charter school used a city building inspector for inspection of the school building.

(2)

A school district may issue its own certificate authorizing permanent occupancy of a school building if it used its own building inspector for inspection of the school building, subject to the notification requirement of subsection 53A-20-104(3)(a)(ii) of the Utah code.

(3)

A charter school may seek a certificate authorizing permanent occupancy of a school building from a school district official with authority to issue the certificate, if the charter school used a school district building inspector for inspection of the school building.

(4)

A certificate authorizing permanent occupancy issued by the state superintendent of public instruction under subsection 53A-20-104(3) of the Utah code or a school district official with authority to issue the certificate shall be considered to satisfy any city requirement for an inspection or a certificate of occupancy.

(Adopted by Ord. 2007-02 on 7/11/2007)

Land annexed to the city shall be zoned A agricultural unless the city council assigns a different zone to such land at the time of annexation.

(Adopted by Ord. 2007-02 on 7/11/2007)

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. It shall be a violation of this title for any person to perform, or order the performance of, any act which is contrary to the provisions of this title or to fail to perform any act which is required by the provisions of this title. Any permit or license issued in violation of this title shall be null and void.

A.

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.

B.

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 title.

(Adopted by Ord. 2007-02 on 7/11/2007)

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.

(Adopted by Ord. 2007-02 on 7/11/2007)

A.

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 title. 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.

B.

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 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.

C.

Failure to Obtain Certificate of Occupancy: Failure to obtain a certificate of occupancy shall be a violation of this title.

D.

Nuisance: The use or occupancy of any building 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 or structure to be used or occupied in a manner different than authorized by a certificate of occupancy.

(Adopted by Ord. 2007-02 on 7/11/2007)

This title 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 title conflict, the most restrictive provision shall apply over the less restrictive one unless the less restrictive provision specifically provides otherwise.

(Adopted by Ord. 2007-02 on 7/11/2007)

Titles 10 and 11 of this code, as amended and as existed prior to the ordinance codified herein, are hereby superseded and amended as set forth in this title.

(Adopted by Ord. 2007-02 on 7/11/2007)

This title shall be deemed a continuation of titles 10 and 11 of this code as existed prior to the ordinance codified herein and not a new enactment insofar as the substance of revisions included herein, whether in the same or different language. This title shall be so interpreted upon any question concerning the tenure of an officer or board established by prior title 10 or 11 of this code, or upon any question concerning the legal conformity of any lot, structure, use, or other nonconformity except as may be otherwise provided in chapter 6, "Nonconformities", of this title.

(Adopted by Ord. 2007-02 on 7/11/2007)

Nothing in this title 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 title, 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 title.

(Adopted by Ord. 2007-02 on 7/11/2007)