This title shall be known as the “Levan Town Zoning Ordinances” and may be so cited and pleaded.

This ordinance and the regulations and restrictions contained herein are adopted and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity, or welfare of the present and future inhabitants of the municipality, including among other things, the lessening of congestion in the streets or roads; securing safety from fire and other dangers; providing adequate open spaces, light and air, classification of land uses, adequate landscaping, distribution of land development and utilization, and protection of the tax base; securing economy in governmental expenditures; fostering the town’s commercial and industrial growth, protecting both residential and nonresidential development; and promoting the development of a more wholesome, serviceable, and attractive community resulting from an orderly, planned use of resources.

This title is intended to:

1. Promote coordinated development, redevelopment, effective use of land, and site planning;
2. Protect private property rights;
3. Prevent substandard development, waste, inefficient use of land and resources, and danger and congestion in travel and transportation;
4. Protect and promote public safety, health, and general welfare by providing adequate light and air, water and sewage control, police, fire and wetlands protection;
5. Encourage innovation in residential development that meets the growing demand for future housing.
6. Preserve the character and stability of neighborhoods and conserve property values by encouraging the most appropriate uses of land within zoning zones;
7. Support the goals of the Levan Master Plan;
8. Ensure equal opportunity in housing to the handicapped;
9. Foster convenient, compatible and efficient relationships among land uses;
10. Require the provision of adequate off-street parking and loading facilities, and promote a safe, effective traffic circulation system;
11. Regulate and control the division of land;
12. Protect life and property in areas subject to floods and other natural disasters;
13. Promote prosperity, improve morals, peace and good order, comfort, convenience and aesthetics of the Town and its present and future inhabitants and businesses;
14. Protect the tax base and property values;
15. Secure economy in governmental expenditures; and
16. Foster industry

The provisions of this Title apply to all land and uses of land within the Town. This Title became effective on 07-19-2006, was re-adopted on 12-09-2009 and may be amended from time to time. A lot annexed and zoned that does not meet the minimum lot standards of this Title, may be used notwithstanding such requirements, if such lot was validly created.

All departments, officials, and public employees of Levan Town which are vested with duty or authority to issue permits or licenses shall conform to the provisions of this ordinance and shall issue no permit or license for uses, buildings, or purposes where the same would be in conflict with the provisions of this ordinance; and such permit or license, if issued in conflict with the provisions of this ordinance, shall be null and void.

The boundaries of the zoning zones are set forth on a map entitled “Zoning Zone Map of the Town of Levan, Utah” and adopted as part of this section.  This map shall be kept by the Town Clerk and maintained as provided in subsection (B) of this section.

1. Unless otherwise expressly defined on the zoning map, zone boundary lines are lot lines, section lines, Town limit lines, centerlines of streambeds, and centerlines of streets, alleys, or railroad rights-of-way or such lines extended.  Zone boundary lines shall be calculated on the northern and eastern edge of the zoning lines depicted on the zoning map. If uncertainty remains as to the boundary of a zone after application of the provisions of this subsection, the Planning Commission will interpret the zone boundary.
2. All amendments to the zoning map shall be made by ordinance. The Town shall, within a reasonable time after adoption of any such amendment, place the amendment on the zoning map.

A general description of the land use regulations follows. This description is intended to provide the reader with some guidance using this Title and is not a substitute for the standards, criteria, and procedures contained in this Title.

1. ZONING MAP.  Prior to considering the development or redevelopment of land, an applicant should refer to the official zoning map to determine which base zoning and overlay zones correspond to the property.
2. ZONING ZONE TITLE. Once the applicant has identified the zoning zone, the applicant should refer to the sections of LMC 16.10 and LMC 16.12 which corresponds to the applicable zoning zone(s). Definitions are found in LMC 16.04. The applicant should next refer to the site development and design requirements within the zoning zone title to determine if the property is adequate in size to accommodate the proposed project. The site development and design standards will determine the building setback from the property lines, minimum lot area (if any), minimum open space, maximum height, density, parking requirements for buildings and uses on the property, etc.
3. USE STANDARDS. The applicant should then refer to the use table for the zone. The applicant should first determine if the desired use is allowed in the zone. If the use is allowed as a conditional use, the applicant must complete a discretionary review process to ensure that the impacts of the use on the surrounding area are mitigated. Finally, if the use is an existing legal use that is no longer allowed in the zoning district, and there is a proposal to change or modify a structure associated with the use, the applicant must obtain a variance for the Board of Adjustment.
4. VARIANCES/REZONES. If the applicant cannot meet the standards described in subsection B, above, the applicant should determine whether there are alternative development options or any exceptions to the general rules that may accommodate the project. If the project does not meet standards and other development alternatives are not possible, then there are two methods available to attempt to vary the standards: the variance process and a petition for rezone.
   1. The variance process is generally used for existing development, or development of an existing, validly created lot. The Board of Adjustment shall issue a variance upon the applicant’s demonstration that the application meets each variance standard detailed in LMC 16.06.020.
   2. A petition for rezone is a request to change the development standards for the property in question. The process for requesting a rezone is detailed in LMC 16.42.020. Rezones are discretionary legislative acts.
5. SUBDIVISION OF LAND.  If the applicant would like to subdivide a piece of property, merge a number of different parcels into one parcel, or re-subdivide, the applicant may need to go through the subdivision process LMC Title 15. The purpose of the subdivision process is to ensure that proposed building sites are appropriate for development; to obtain an accurate and permanent record of the separate interests of land that are created by subdivision of land; to apportion the cots of public services and facilities serving the subdivision to provide assurances to future buyers of land that the subdivider owns the land to be sold; to provide legal and physical access to each lot; and to provide for maintenance of improvements, utilities, and amenities. There are a number of divisions of land to which the subdivision regulations do not apply. The applicant should review these exceptions to determine if the project will be required to complete the subdivision process. There is also an abbreviated process for projects that only require relocation of a lot line between two lots within an existing subdivision. See LMC Title 15, Subdivision Ordinance.

 This Title is subject to the following rules of construction:

1. MEANINGS AND INTENT. All provisions, terms, phrases and expressions contained in this Title shall be construed according to LMC 16.02.030.
2. HEADINGS, ILLUSTRATIONS AND TEXT. In case of any difference of meaning or implication between the text of this Title and any heading, drawing, table, figure, or illustration, the text shall control.
3. LISTS AND EXAMPLES.  Unless otherwise specifically indicated, lists of items or examples that use terms such as “including,” “such as,” or similar language are intended to provide examples, not to be exhaustive lists of all possibilities.
4. COMPUTATION OF TIME. References to days are calendar days. Exclude the first day and include the last day. If the last day is a Saturday, Sunday, or holiday observed by the Town, that day shall be excluded.
5. REFERENCES TO OTHER REGULATIONS, PUBLICATIONS AND DOCUMENTS.  Whenever reference is made to a resolution, ordinance, statute, regulation, or document, it shall be construed as a reference to the most recent edition of such regulation (as amended) resolution, ordinance, statute, regulation or document, unless otherwise specifically stated. 
6. DELEGATION OF AUTHORITY. Whenever a provision appears requiring the head of a department or another officer or employee of the Town to perform and act or duty, that provision shall be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority.
7. TECHNICAL AND NON-TECHNICAL TERMS. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
8. PUBLIC OFFICALS AND AGENCIES. All public officials, bodies, and agencies to which references are made are those of the Town of Levan, unless otherwise indicated. 
9. MANDATORY AND DISCRTIONARY TERMS. The words “shall,” “will,” and “must” are always mandatory. The words “may” and “should” are advisory and discretionary terms.
10. CONJUNCTIONS. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:
    1. “And” indicates that all connected items, conditions, provisions, or events apply; and
    2. “Or” indicates that one or more of the connected items, conditions, provisions or events may apply.
11. TENSES AND PLURALS.  Words used in one tense (past, present, or future) include all other tenses, unless the context clearly indicates the contrary. The singular includes the plural, and the plural includes the singular. 

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. It is written to harmonize with federal, state and Town laws. To the extent a provision of this Title conflicts with a federal, state or local law or private contract, the following rules apply:

1. CONFLICT WITH STATE OR FEDERAL REGULATIONS. If the provisions of this Title are inconsistent with those of the state or federal government, the more restrictive provision will control, to the extent permitted by law.
2. CONFLICT WITH OTHER TOWN REGULATIONS. If the provisions of this Title are inconsistent with one another or if they conflict with provisions found in other adopted ordinances, resolutions, or regulations of the Town, the more restrictive provision will control.
3. CONFLICT WITH PRIVATE AGREEMENTS. It is not the intent of this Title to interfere with, abrogate, or annul any easement, covenant, deed restriction, or other agreement between private parties. If the provisions of this Title impose a greater restriction than imposed by a private agreement, the provisions of this Title will control. If the provisions of a private agreement impose a greater restriction than this Title, the provisions of the private agreement will control. The Town shall not be responsible for monitoring or enforcing private agreements.  

The Town Clerk shall have the power to interpret the provisions of this Title, provided that the Town Clerk shall consult with the Town's Attorney concerning legal issues. The interpretations shall be consistent with the rules of construction in LMC 16.02.080, with the rules of statutory construction, with the rules of conflicting provisions in LMC 16.02.090 and shall be consistent over time until changed, in writing, by the Town Clerk. Such interpretations shall be entitled the weight accorded to administrative interpretations by the courts. In interpreting and applying the provisions of this section, the requirements contained herein are declared to be the minimum requirements for the purposes set forth.

Should any article, section, clause, or provision of this ordinance be declared by the courts to be invalid, the same shall not affect the validity of the ordinances as a whole or any part thereof other than the part so declared to be invalid.

The Town may alter certain private property rights by amending this Title from time to time as provided for in LMC 16.02.010. 

1. HOW RIGHTS VEST. Certain private property rights shall become fixed at law, and may not be altered for a period of time, upon an applicant’s:
   
   1. Submission of a Complete Application to develop property that is consistent with this Title; and
      
   2. Payment of all applicable permit fees. 
      
2. WHAT RIGHTS VEST. The applicant’s rights vest under this Title in those rights for which the applicant has applied. For example, if the applicant has applied for a subdivision, and has “vested rights” pursuant to subsection A above, the applicant’s rights vest under the subdivision ordinance, and the applicant is entitled to the benefit of the subdivision ordinance in effect at the time of vesting. An applicant’s vested rights under the subdivision ordinance, however, do not vest the applicant under an adopted building, fire or plumbing code, because the applicant has not submitted a Complete Application for the applicable permit, nor paid applicable fees. Applications shall not vest if: 
   
   1. Revisions of this Title are pending at the time of application which would prohibit or further condition the approval sought; or 
      
   2. There exists a compelling and countervailing health, safety or welfare reason.
      
3. PRESERVATION OF VESTED RIGHTS/COMPLIANCE WITH CONDITIONS OF APPROVAL. An applicant with vested rights must comply with and maintain all conditions of final approval to preserve the vested rights. An applicant’s failure to meet or maintain conditions of approval constitutes the applicant’s knowing and willful waiver of the applicant’s vested rights.
   
4. APPLICABILITY OF ORDINANCES THAT ARE GENERAL IN NATURE. The establishment of a vested right shall not preclude the application of Town ordinances or regulations that are general in nature, applicable to all property subject to land use regulation, and necessary to preserve the health, safety or welfare of the community. 
   

Any person, firm, or corporation, whether as principal, agent, or employee, who violates or causes the violation of any of the provisions of this ordinance shall be guilty of a Class C Misdemeanor (UCA 10-9-103(2)) and upon conviction thereof shall be punished as provided by law.

1. VIOLATIONS CONTINUE. Any violation of the previous Zoning Ordinance will continue to be a violation under this Title and will be subject to penalties and enforcement under LMC 16.02.130, unless the use, development, construction, or other activity complies with the provisions of this Title.
2. LEGAL NON-CONFORMITIES. Any legal nonconformity under the previous Zoning Ordinance or created by the adoption of this Title will be a legal nonconformity under this Title. If a legal nonconforming use or structure under the previous Zoning Ordinance becomes conforming because of the adoption of this Title, then the nonconformity expires. A legal nonconforming use will become an illegal non-conforming use if the use lapses for twelve (12) consecutive months.
3. APPROVED PROJECTS AND EXISTING LOTS. The provisions of this Title shall affect approved projects and existing lots as follows:
   1. Use permits, variances, architectural or design approvals, subdivided lots, Overlays, subdivision maps and Planned Unit Developments, which are valid on 09 December 2009, shall remain valid until their expiration date. Projects with valid approvals or permits may be constructed as approved, provided that the permit or project approval is valid and has not lapsed. Any change in the use or occupation of such land shall be made in accordance with the amended provisions of this Title.
   2. No provision of this Title shall require any change in the plans, construction, or designated use of any structure for which a building permit has been issued prior to 09 December 2009. 
4. VESTED RIGHTS/APPLICATIONS IN PROGRESS/REAPPLICATION. An applicant with rights vested before, 09 December 2009, and pending approval on 09 December 2009, may opt for review wholly under the terms of the previous Zoning Ordinance or under this Title. Any re-application for a permit that has expired must comply with the standards in effect at the time of re-application. Projects for which no application has been submitted and accepted as complete prior to 09 December 2009, shall be subject to all requirements and standards of this Title.