Nephi City Zoning Code

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

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

This title 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 city 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.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

In interpreting and applying the provisions of this title, the requirements contained herein are declared to be the minimum requirements for the purposes set forth.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

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.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

The existing ordinances covering zoning, in their entirety, and including the maps heretofore adopted and made a part of said ordinances, are hereby superseded, amended and recodified to read as set forth herein; provided, however, that this title, including the attached map or maps, shall be deemed a continuation of previous codes and not a new enactment, insofar as the substance of revisions of previous codes is included in this title, whether in the same or in different language; and this title shall be so interpreted upon all questions of construction relating to tenure of officers and boards established by previous codes, to questions of conforming or nonconforming uses and buildings and structures, and to questions as to the dates upon which such uses, buildings or structures became conforming or nonconforming.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

1. Approval; Exceptions: An applicant is entitled to approval of a land use application if the application conforms to the requirements of this land use title which are in effect when a complete application is submitted and all fees have been paid, unless:
2. The land use authority, on the record, finds that a compelling, countervailing public interest would be jeopardized by approving the application; or
3. In the manner provided by local ordinance and before the application is submitted, the municipality has formally initiated proceedings to amend its ordinances in a manner that would prohibit approval of the application as submitted.
4. Process Of Application: The municipality shall process an application without regard to proceedings initiated to amend the municipal ordinances if:
5. One hundred eighty (180) days have passed since the proceedings were initiated; and
6. The proceedings have not resulted in an enactment that prohibits approval of the application as submitted.
7. Complete Application: An application for a land use approval is considered submitted and complete when the application is provided in a form that complies with the requirements of applicable ordinances and all applicable fees have been paid.
8. Continuing Validity: The continuing validity of an approval of a land use application is conditioned upon the applicant proceeding after approval to implement the approval with reasonable diligence.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

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

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

Any person, firm or corporation, whether as principal, agent or employee, who violates or causes the violation of any of the provisions of this title, shall be guilty of a class C misdemeanor 1 and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this code. Each day of violation shall be considered a separate violation. 

Notes

1 UCA § 10-9a-803(2).

HISTORY:

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

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021