Title 10 is called the Springdale Land Use Ordinance.

This title governs the use and development of land. The purposes of this title are to protect the prosperity, health, safety, and welfare of the Town's inhabitants. The goals of this title are:

A.

To protect, preserve, restore, and enhance the Town's natural, historical, and cultural resources;

B.

To guide the growth and development of the Town to assure a suitable balance between desirable economic activity and the most satisfactory residential lifestyle;

C.

To promote safety from flooding, geological hazards, and other dangers;

D.

To manage land use and construction to assure the availability and capacity of public utilities and services during periods of growth and change;

E.

To promote the efficient relationship between land uses and buildings and the circulation of vehicular and pedestrian traffic to minimize congestion, accidents, and noise; and

F.

To encourage the preservation of the unique architectural and historic character of the Town, the aesthetic quality of the built environment, and the Town's identity with Zion National Park.

This title must be interpreted and construed to further the purposes and goals of this title. If any ordinance conflicts with this title, this title controls. Any ambiguity, uncertainty, or conflict regarding this title may be resolved as follows:

A.

The applicant submits a written request and a proposed interpretation to the Town Council that includes relevant facts or information that would assist the Town Council's decision.

B.

The Town Council may approve or deny a proposed interpretation.

Nothing in this title prevents private parties from enforcing provisions of private covenants and agreements that are more restrictive than this title.

A.

Certificate required: It is unlawful to use or occupy, or to allow the use or occupancy of, any building or structure that is newly constructed, erected, enlarged or altered structurally or of any newly established, expanded, altered or changed use or occupancy of land, buildings or structures, without a valid certificate of occupancy that has been issued in accordance with this chapter. It is unlawful to change the use or exceed the number of allowable occupants specified in a certificate of occupancy. It is unlawful to continue to use or occupy, or to allow the use or occupancy of any building or structure after a certificate of occupancy is revoked or a certificate of temporary occupancy has expired.

B.

Issuance of certificate: The Director of Community Development will issue a certificate of occupancy only if:

1.

The building or structure and the proposed use(s) are consistent with all zoning regulations; and

2.

The Building Inspector has determined that the building or structure is complete and conforms to the state construction code and all other applicable codes, ordinances, or statutes.

C.

Validity: A certificate of occupancy is valid only if it is signed by the Director of Community Development.

D.

Penalty: It is a class C misdemeanor to violate any part of section 10-1-5.

E.

Certificate contents: The certificate of occupancy should contain the following information:

1.

The building permit number;

2.

The address of the building or structure;

3.

Name and address of the owner;

4.

Description of the portion of the building or structure for which the certificate of occupancy is issued;

5.

A statement indicating that the building or structure has been inspected for compliance with the requirements of this section and the use for which the proposed occupancy is classified; and

6.

The name of the Building Inspector and the Director of Community Development with signature blocks for both.

F.

Temporary certificate of occupancy: Notwithstanding subsection A. above, if compliance with section 10-1-5 is delayed or made impossible by extreme weather, the unavailability of certain materials, or other factors that are out of the control of the builder and the owner of the premises, the Director of Community Development may issue a temporary certificate of occupancy to allow the occupancy of completed portions of a structure or building. The temporary certificate of occupancy is valid for 30 days unless otherwise specified in the certificate or as extended in accordance with this section. No temporary certificate of occupancy may be issued unless the structure or building complies substantially with all ordinances and meets minimum health and safety requirements. The Director of Community Development may require the applicant, as a condition to the issuance of any temporary certificate of occupancy, to enter into a temporary occupancy agreement that may include the following terms and conditions:

1.

The owner, the owner's agent, and the building contractor responsible for the project guarantee the performance of the specific remaining work, agree to a deadline for completion, and estimate the cost of completion.

2.

The agreement must provide for the recovery of costs and attorney fees incurred in the process of enforcing the agreement.

3.

If the property is not compliant by the deadline stated in the agreement, then the Director of Community Development may revoke the temporary certificate of occupancy, in which case the revocation is effective upon posting as provided in subsection G. below.

4.

The building inspector may extend the completion deadline only for good cause. The cause for an extension request must be documented in writing, at least ten days prior to the previously agreed upon completion deadline. In total, the extension(s) granted by the Building Inspector may not exceed 60 days beyond the original completion deadline specified in the agreement. An extension is valid only if it is in writing, and only if it is attached to the original agreement with the written request and a statement of good cause by the Building Inspector.

G.

Posting: The certificate of occupancy and any temporary certificate of occupancy will be posted in a conspicuous place on the premises and may not be removed by any person other than the Building Inspector (or designee).

H.

Revocation: The Director of Community Development may suspend or revoke a certificate of occupancy or a temporary certificate of occupancy if it was issued in error, issued on the basis of incorrect information supplied, or the subject building or structure or portion thereof is in violation of any ordinance of the Town or any provision of the state construction code or other applicable codes or statutes.

The Town may charge a fee to an applicant for design/development review, sign, building, occupancy and conditional use permits, Planning Commission and appeal authority hearings, and any other requirements of this title. Fee amounts may be established by resolution of the Town Council.

The Town may, in its sole legislative discretion, enter into a development agreement for the use and development of land within the Town. A development agreement under this section is separate from any development agreement allowed under any other ordinance. An applicant may not obtain development incentives through a development agreement under this section and another development agreement allowed under other sections.

A.

Development incentives: The Town may, in its discretion, offer certain development incentives to a property owner in return for the construction and dedication of public facilities, public amenities, or physical improvements designed to help achieve the goals and objectives of the General Plan, but only if the facilities, amenities, or improvements are provided in addition to the improvements otherwise required for the development. Specific improvements that may justify the grant of optional incentives include, but are not limited to the following:

1.

Pedestrian and bicycle trails that connect with a community-wide trail system, when not otherwise required for the development;

2.

Public parking in excess of the amount of parking required for the development itself;

3.

Affordable housing and employee housing, which would be regulated by Chapter 6A; and

4.

Public restroom facilities.

B.

Nature of incentives: If a property owner provides public facilities, public amenities, or physical improvements as allowed in subsection A., the Town may exempt the facilities, amenities, or improvements from building size limits and may also provide increases in density, increases in building size, decreases in required landscaping and/or decreases in setbacks, for proposed development on the property as determined to be appropriate by the Town Council. In no case shall the incentives increase building size or density standards by more than 20 percent. The following standards may be applied by the Town in determining what incentives to offer:

1.

The incentives will be roughly proportional in size, area, or impact to the facility, amenity, or improvement being given by the property owner.

2.

The incentives will be consistent with the General Plan and the public interest.

3.

The incentives will be tailored to allow more creative and efficient development of the property in a style that promotes the Town's village character.

C.

Procedure for entering into development agreements: The Town will act on a request for a development agreement based on the following procedures:

1.

Review and recommendation by Planning Commission: To request to enter into a development agreement, an applicant shall present a conceptual development agreement plan to the Planning Commission that details the proposed development agreement, including the facilities being offered and the incentives desired. The Planning Commission will make a recommendation to the Town Council as to whether: a) the facilities, amenities, and/or improvements being offered justify any optional incentives, and b) the type and extent of the optional incentive the Town should offer. The commission should also make a recommendation to approve or deny the conceptual development agreement plan.

2.

Review and approval by the Town Council: After receiving a recommendation from the Planning Commission, the Town Council will approve, deny, or modify the conceptual development agreement plan and specify the nature and extent of incentives offered by the Town, if any.

3.

Reduction to writing: If the Town Council approves a development agreement plan, the Town Council will direct the Town Attorney to prepare a development agreement detailing the agreements between the Town and the developer. The developer shall pay the legal fees associated with drafting the development agreement.

4.

Execution by the Mayor: A development agreement is not valid unless it is signed by the Mayor.

D.

Conceptual development agreement plan is not a design/development review or subdivision approval: The conceptual development agreement plan is not a substitute for a DDR or subdivision review and is to be used as a guide in negotiating the development agreement and optional incentives only, and not as a document that the Town reviews for technical compliance with applicable land use standards. An applicant whose development agreement is approved shall comply with requirements stated in the ordinances governing the design/development review or subdivision approval.

E.

Legislative discretion. The Town retains the sole legislative discretion over the question of whether to enter into a development agreement with a party. A party who requests to enter into a development agreement under this section has no legal entitlement to the development agreement or any incentives.

A.

Compliance required: This section applies to any development that requires a building permit or subdivision plat approval. A building permit or subdivision approval may be granted only if the applicant complies with this section.

1.

The following are exempt from this section 10-1-8:

a.

Any alteration, modification, repair, or reconstruction of existing structures, provided that no additional residential unit or transient lodging unit is created, and provided further that the use of the existing structure is not changed to be a restaurant; and

b.

A new structure in an approved subdivision that has previously provided the required water right dedication to the Town for the lots in the subdivision.

B.

Quantity of water right required: An applicant shall, as a precondition to the issuance of any building permit or subdivision approval, dedicate at least 0.25 acre-feet of water to the Town for each equivalent residential unit (ERU).

1.

For the purpose of this section, each of the following is equivalent to one ERU: One dwelling unit, two transient lodging units, 0.5 restaurants, or 2,000 square feet of other commercial space.

2.

The Town Council may adopt a policy by resolution identifying the number of shares in the Springdale Consolidated Irrigation Company equivalent to 0.25 acre-feet of water, and thus required as water dedication for each ERU.

C.

Transfer of title to a water right: A water right dedication is valid under this section only if it is made through a water right deed, irrigation share certificate, or other document deemed acceptable by the Town Attorney. Water rights that are encumbered as collateral for financial obligations or which are otherwise encumbered lawfully through record or nonrecord agreements will not be accepted for dedication to the Town. An attempted water right dedication is invalid under this section if, in the opinion of the Town Attorney, the dedication fails to convey a valid unencumbered title to the water right. Each grantor of a water right to the Town will be required to correct gaps in the chain of title discovered upon the Town Attorney's review.

D.

State Engineer review: A water right dedication is valid under this section only if the State Engineer approves a change application that moves the newly dedicated water right into an approved Town point of diversion. The developer is responsible for preparing the change application and for paying all associated fees.

E.

Payment in lieu of transfer: Notwithstanding subsection B. above, a developer may issue a payment to the Town in lieu of the water right dedication, but only under the following circumstances: (1) the developer has diligently pursued all reasonable options currently available to procure water rights and has been unable to obtain the necessary water rights to dedicate to the Town, and 2) the approval of the development without the required water dedication will not cause an immediate culinary water shortage in the Town. If the Town Council approves a payment in lieu of a water right dedication, the developer shall pay to the Town a fee equivalent to the value of the required water right, which amount may be established by resolution of the Town Council. The payment in lieu fee must be received by the Town before any building permit for the project will be issued (in the case of a single lot development) or a final subdivision plat being approved (in the case of a subdivision).

F.

Water banking option: A person may bank a water right with the Town under the standards below:

1.

The water right is validly transferred and approved under subsections C. and D.;

2.

The Town must become the title owner of all water rights banked with the Town, subject only to the water use policies established by the Town; and

3.

Once the right is banked, the person who banked the water right will no longer have any control over or benefit from the water right.

G.

A person who has banked a water right with the Town may sell the person's water right credit(s), but not the actual water right itself, to another developer at any time in the future. The person who banked a water right with the Town may use the banked water right to fulfill the water right dedication requirement at any point in the future.