This title shall be known as the IVINS CITY ZONING ORDINANCE (hereinafter "ordinance", "the ordinance", "this ordinance", "zoning ordinance", "Ivins zoning ordinance", "this title" or "land use ordinance"). This title shall be codified as title 16 of the Ivins City Municipal Code (hereinafter "this Code"). (Ord. 2005-13, 2005)

The City Council adopts this title pursuant to the Municipal Land Use, Development and Management Act, as provided by Utah Code Annotated title 10, chapter 9a, as amended (hereinafter "the Act") and all other authorities and provisions of State and Federal statutory and common law, as applicable. This title is a land use ordinance, as authorized and identified by the Act. (Ord. 2005-13, 2005)

This title provides for the establishment of zoning districts, with associated land use requirements and standards, for the guidance, management and regulation of land uses, buildings and structures, and other related activities occurring within the Municipal boundaries of the City. This title shall be interpreted to be consistent with, and to meet all requirements of the Act. (Ord. 2005-13, 2005)

The purpose of this title shall conform to the purposes stated in the Act, as amended, namely: 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, to foster the State'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. (Ord. 2017-06, 2017)

   (1)   Applications determined complete shall be processed, reviewed and approved or denied, subject to the provisions of this title, and all amendments thereto, and all other applicable ordinances of the City, in effect at the time the application is determined to be complete by the Zoning Administrator, as required by chapter 13 of this title.

   (2)   No building or structure shall be erected, and no existing building or structure shall be moved, altered or enlarged, nor shall any land, building or premises be used, designed for, or intended to be used for, any purpose or in any manner other than as allowed by this title.

   (3)   This title shall apply to all lands located within the Municipal boundaries of the City, unless exempted by this title or other lawful exemption.

   (4)   This title shall be held to be the minimum requirements necessary to protect the public health, safety and welfare of the citizens of the City, and achieve the purposes of this title. (Ord. 2005-13, 2005)

This title shall not nullify any laws, ordinances or requirements that are more restrictive, but shall prevail over any laws, ordinances or requirements that are less restrictive. (Ord. 2005-13, 2005)

All Land Use Authorities, as identified herein, with the authority to issue approvals, permits or licenses required by this title, shall require that such approvals, permits or licenses conform to the provisions of this title and shall not issue any approvals, permits or licenses for uses, buildings or structures for any purpose in conflict with the provisions of this title. (Ord. 2017-06, 2017)

This title was adopted by ordinance 2005-13, following its passage by the City Council on June 2, 2005. As provided by the terms of ordinance 2005-13, this title shall take effect on July 1, 2005. (Ord. 2005-13, 2005)

An omission to specify or enumerate in this title those provisions of general law applicable to all Utah cities shall not be construed to be a waiver of the benefits of any such provisions. (Ord. 2005-13, 2005)

Upon its adoption by the City Council and upon its effective date, this title shall repeal all provisions of the City zoning ordinance existing on the effective date hereof, and shall henceforth govern and control the use of all lands lying within the Municipal boundaries of the City.

This title shall be construed to carry out the purposes set forth herein, and the Act, and to avoid conflict with the laws of the United States of America, the State of Utah, or any other limitations imposed by law. If any chapter, section, subsection, provision, sentence or clause of this title is declared invalid or unconstitutional by a court of competent jurisdiction, such determination shall not impair the validity of the remainder of this title, which shall remain in full force and effect. (Ord. 2005-13, 2005)