This title shall be known as the Land Use Ordinance of Hurricane City and may be so cited and pleaded.

(Ord. 2005-15, 7-21-2005)

This title is adopted pursuant to the Utah Municipal Land Use Development and Management Act, Utah Code Annotated section 10-9a-102, and the police power authority of local government as established by Utah common law. This title constitutes the Land Use Ordinance authorized by the Utah Municipal Land Use Development and Management Act.

(Ord. 2005-15, 7-21-2005)

This title 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 the City and its present and future inhabitants and businesses, to protect the tax base, secure economy in governmental expenditures, foster the City's agricultural and other industries, protect both urban and nonurban development, and to protect property values. To accomplish the purposes set forth herein, the City is specifically authorized to enter into development agreements that it considers necessary or appropriate for the use and development of land, unless expressly prohibited by law.

(Ord. 2005-15, 7-21-2005)

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.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)

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

A.

Title 3, chapter 4, "sexually oriented businesses," of this Code.

B.

Title 3, chapter 7, "construction contractors," of this Code.

C.

Title 4, chapter 8, "construction site sanitation," of this Code.

D.

Title 7, chapter 2, "street and sidewalk construction," of this Code.

E.

Title 8, chapter 1, "water use and service," of this Code.

F.

Title 8, chapter 1, article A, "ground water protection," of this Code.

G.

Title 8, chapter 2, "irrigation water system," of this Code.

H.

Title 8, chapter 4, "municipal power," of this Code.

I.

Title 8, chapter 5, "sewer services," of this Code.

J.

Title 9, chapter 2, "impact fees," of this Code.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)

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.

A.

Organizational structure. This title consists of six divisions, as follows:

1.

Division 1—General Provisions.

2.

Division 2—Administration and Enforcement.

3.

Division 3—Base Zones.

4.

Division 4—Special Purpose and Overlay Zones.

5.

Division 5—Regulations of General Applicability.

6.

Division 6—Regulations for Specific Uses.

B.

General provisions. The general provisions of division 1 of this title establish how this title is applied; describe how planning documents, such as the general plan, relate to this title; and provide rules and definitions for interpreting and applying the provisions of this title.

C.

Administration and enforcement. Administration and enforcement provisions in division 2 of this title describe 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 title.

D.

Types of zones. This title establishes three 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 general categories: 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.

E.

Types of regulations. This title includes the following kinds of regulations and development standards:

1.

Base zone regulations, set forth in division 3 of this title, 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 division 4 of this title, or augmented by regulations for specific uses set forth in division 6 of this title. Base zone and overlay regulations are further augmented by regulations of general applicability set forth in division 5 of this title.

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.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)

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 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.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)

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 title.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)

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 or for renewing, changing or extending of a nonconforming 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.

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.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)

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.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)

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.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)

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

A.

Complete application. An application shall be deemed "complete" when all materials required for the application have been submitted, as set forth in this title.

B.

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.

C.

Pending ordinance amendments. If a zoning map or text amendment to this title 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:

a.

The application shall not be acted upon until six 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 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.

b.

If a pending amendment is enacted within six 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.

c.

If a pending amendment to this title is not enacted within six 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.

D.

Preservation of a vested right.

1.

An applicant who has a vested right under this title 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 title, 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 wilful waiver of the applicant's vested rights under such application.

E.

Extent of vested rights. An application approved under this title only authorizes the thing applied for under the application.

F.

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.

G.

Applicability of generally applicable ordinances. Generally applicable provisions of this title and other City ordinances and regulations shall apply to all property, notwithstanding the establishment of a vested right.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003; Ord. 2005-15, 7-21-2005)

The approval of a land use application by a land use authority shall not eliminate or limit a land use applicant's obligation to comply with all applicable laws, codes, and regulations relating to the approved land use. To the extent that City staff or members of the Joint Utility Committee submit comments, requirements, restrictions, or criteria to the land use authority in conjunction with the land use application, such comments, requirements, restrictions, or criteria shall not limit the application of all other laws, codes, or regulations relating to the approved land use. In addition, unless the land use authority expressly determines otherwise, any approval of a land use application shall be subject to compliance with all comments, requirements, restrictions, and criteria submitted by City staff or the Joint Utility Committee in conjunction with the land use application.

The definitions of land use application and land use authority shall be as defined in Utah Code Annotated section 10-9a-103, as may be amended.

(Ord. No. 2023-16, 9-21-2023)