This land use ordinance shall be known as PCC 13, Zoning Ordinance and may be so cited and pleaded. This land use ordinance may also be referred to herein as the Zoning Ordinance, Ordinance or Title.

This ordinance has been prepared and adopted in accordance with and through the authority of Utah Code § 10-9a-501 et. seq. (1953 as amended). The Payson City Council hereby exercises all authority granted by the Utah Code for zoning purposes.

By authority of these police powers and as the entity enabled to govern the use of land within the municipality, Payson City is hereby authorized to issue any legal documentation, notice, certificates of present condition, notice of compliance and non-compliance, building permits, development approval and any other provisions necessary to carry out the regulations of this Title. This includes the ability to record any appropriate documentation against the property to ensure compliance with the requirements herein.

The purpose of this Ordinance is to promote the health, safety, morals, convenience, order, prosperity, and general welfare of the citizens of Payson City. It is the intent of this ordinance to:

1. Encourage and facilitate the orderly growth and development of Payson City.
2. Secure economy in municipal expenditures, and to facilitate adequate provision of transportation, water, sewerage, parks, schools, and other public services.
3. Lessen congestion on the streets, prevent overcrowding of the land, and provide adequate light and air.
4. Secure safety from fires, floods, and other natural hazards and dangers.
5. Protect and improve property values.
6. Protect and stabilize the tax base of the City.
7. Promote attractive, planned and well-managed development.
8. Create conditions favorable to prosperity, civic activities, and recreational, educational, and cultural opportunities.

All ordinances, resolutions, or parts thereof in conflict with the provisions of this Ordinance are hereby repealed insofar as they conflict with the provisions set forth in this Ordinance, with the exception that a Planned Residential Development approved in accordance with PCC 12.12 of the Subdivision Ordinance need not be consistent with the density and configuration requirements of this Ordinance.

All of PCC 13 entitled Revised Zoning Ordinance of Payson City, Utah adopted April 4, 1961, together with all subsequent amendments is hereby repealed to become effective concurrent with the effective date of this Ordinance.

Any building or use of land or any construction thereon which was not authorized by or under PCC 13, Zoning Ordinance of Payson City, Utah, as set forth in the Zoning Ordinance of Payson City, Utah, adopted April 4, 1961, including all subsequent amendments thereto, as passed by the City Council, or which is illegal under such ordinance, shall remain unauthorized and illegal unless expressly authorized or permitted in the provisions of this Ordinance.

The provisions of this Ordinance shall be construed to promote the purposes of this Ordinance and fulfillment of the Payson City General Plan. Every effort is made to avoid possible conflict with the laws of the United States, the State of Utah, Utah County, Payson City, and any other legal limitation. If any section, provision, sentence or clause of this Ordinance is declared unconstitutional, illegal or improper by a court of competent jurisdiction, such determination shall not impair the validity of the remainder of this Ordinance, which shall remain in full force and effect.

It is not the intent of this Ordinance to repeal, abrogate, annul, or in any way impair or interfere with any existing ordinance, law, statute, resolution, code, regulation, standard, or other provision of law except those that are specifically repealed under the terms of this Ordinance. In the case of conflict between this ordinance and any other ordinance, law, statute, resolution, code, regulation, standard, or other provision of law, the more restrictive of the two shall apply unless otherwise provided herein.

Any person, firm, or corporation violating any of the provisions of this Ordinance shall be guilty of a Class C misdemeanor.

This Ordinance is intended to be consistent with the Payson City General Plan in every way. Further, a significant purpose of this Ordinance is to serve as an implementation tool for the realization of the General Plan. Alterations and amendments to the General Plan Text or General Plan Land Use Map shall be consistent with Utah Code § 10-9a-401 et. seq. (1953 as amended).

The General Plan shall be deemed an advisory guide when reviewing applications for development and as a basis for land use decisions. Annexed property and proposals for rezoning land should be consistent with the intent of the General Plan. Properties included in the A-5-H, Annexation Holding Zone will be considered consistent with the provisions of the General Plan. The A-5-H Zone is intended to provide a link between the existing rural development and more intense development anticipated by a specific plan.