This Title shall be known as the South Salt Lake City Land Use and Development Code and may be so cited and plead.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020; Ord. No. 2021-06, § I, 5-26-2021)

A.

The purposes of this Title are 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 of South Salt Lake and its present and future inhabitants and businesses, to protect the tax base, to secure economy in governmental expenditures, to foster and protect both urban and nonurban Development, and to protect and ensure access to sunlight for solar energy devices, to provide fundamental fairness in Land Use Regulation, and to protect property values.

B.

To accomplish the purposes of this Title, the City may enact all Land Use Regulations, resolutions, and rules and may enter into other forms of land use controls and Development agreements that it considers necessary or appropriate for the Use and Development of land within the City, including ordinances, resolutions, rules, fees, restrictive covenants, easements, and Development agreements governing Use, Density, open space, Structures, Buildings, energy efficiency, light and air, air quality, transportation and public or alternative transportation, infrastructure, Street and Building orientation and width requirements, public facilities, fundamental fairness in Land Use Regulation, considerations of surrounding land uses and the balance of the foregoing purposes with a land Owner's private property interests, height and location of vegetation, trees, and Landscaping, unless expressly prohibited by law.

C.

This Title is also established to facilitate orderly growth and Development in the City of South Salt Lake and to enhance the lives of the citizens of and visitors to the City.

D.

This Title establishes a fair and efficient process for Development and Land Use Applications, as accomplished through the delegation of powers among City officials and a transparent review process.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)

A.

Use of Authority. The power granted by this Title and the restrictions contained within this Title shall not be exercised nor applied to:

1.

Deprive the property Owner or rightful occupant of land or property a lawful Use at the time this Title becomes effective;

2.

Deny Use and activity of any Structure which was lawfully erected, remodeled, or used under prior ordinances. However, such a Use shall be subject to conditions and restrictions authorized or imposed by health and safety regulations, fit premises ordinances, and building codes. Current zoning requirements shall be applied when a Structure is proposed to be remodeled, reconstructed, added to, or the Use within the Building is intensified; or

3.

Interfere with or annul any easement, covenant running with the land, or other lawful agreement in force at the time this Title became effective.

B.

Interpretation.

1.

Interpretation and application of the provisions and requirements contained within this Title are declared to be the minimum requirements for the purpose set forth, unless otherwise specifically stated.

2.

The land use authority shall apply the plain language of the Code.

3.

If a Land Use Regulation does not plainly restrict a land use Application, the land use authority shall interpret and apply the Land Use Regulation to favor the land use Application.

4.

If in the course of administration hereof, a question arises as to the meaning of any phrase, section, or chapter, or land use district, the interpretation thereof shall be given by the Community Development Director and shall be construed to be the official interpretation thereof.

5.

In the event that there is a need for further interpretation by any person, firm or corporation, or official of South Salt Lake City, the Applicant shall submit the question to the Planning Commission who, unless otherwise provided, is authorized to interpret the plain meaning of such ordinance. Such interpretation shall be final and appealable to District Court.

6.

All capitalized proper nouns in the text of this Title are defined terms. Defined terms are located in Chapter 17.01.

7.

If any Lot or Parcel straddles more than one district, the entire property shall be interpreted to lie within the district that is designated for the majority of the Lot or Parcel. If the Lot or Parcel is divided in half by two districts, the property shall be interpreted to lie within the district with the lower Structure height, the least Density, and the least intensive uses.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)

A.

The provisions of this Title are in addition to all other City ordinances, the Laws of the state of Utah, the Laws of the United States, and applicable common law. This Title shall not supersede any private Land Use Regulations in deeds or covenants, which are more restrictive than this Title. Whenever a conflict exists, the more restrictive provision shall apply to the extent allowed by law. The City does not enforce private restrictive covenants, nor shall any such covenant have the effect of modifying the regulations herein.

B.

If any part or provision of these regulations or application thereof to any Person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of these regulations or the application thereof to other persons or circumstances.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)