Uses of land which are not expressly permitted within a zone are hereby declared to be expressly prohibited therein, except as may be permitted by action of the Planning Commission or City Council, pursuant to express authority given under terms of this Title. Any person who may obtain state or federal properties by purchase, lease, or other arrangement must utilize such properties in accordance with the provisions of this Title. Neither the Planning Commission, Board of Adjustment nor the Building Inspector shall permit a use within a zone which is not expressly permitted by the terms of this Code.

Where two (2) or more contiguous parcels are owned by the same person at the time of the passage of this Code, the land included in the parcels shall be considered to be an undivided parcel; provided, however, that this provision shall not apply to lots in a subdivision or condominium project which has received the approval of the Planning Commission, and the plat thereof has been recorded in the office of the County Recorder.

(Ord. No. 06-2012, 07/17/2012)

(1)    As part of its recommendation to the City Council regarding a proposed annexation, the Planning Commission may make recommendations regarding the zone classification which should be applied to the territory, and provided that due public notice of said recommendation shall have been given and a hearing held, as required under Chapter 7 of this Title, the City Council may, in or subsequent to adoption of the annexation ordinance, act to zone the annexed property in accordance with the Commission’s recommendation; provided, however, if no such recommendation is given and hearing held, the land shall be classified into that zone with which it has the longest contiguous boundary.

(2)    Where all or part of the territory annexed lies within a flood area, the City Council shall also identify that portion to be included in the Flood Plain Overlay Zone and shall also designate the appropriate subzones for the territory. In determining the boundaries of the FPO zone and its subzones, the City Council shall obtain, review, and reasonably utilize all base flood elevation data available from a federal, state or other source so as to include within the FPO zone and appropriate subzone all areas of special flood hazards.

Any building or use of land or any construction thereon which was not authorized by or under the City Code which is illegal under such ordinances, shall remain unauthorized and illegal unless expressly authorized or permitted in the provisions of this Code.

Article 2 – NONCONFORMING BUILDINGS, LOTS AND USES

The purpose of this Article is to establish regulations governing legally established buildings, lots and uses and other nonconformities that do not conform to the applicable requirements of this Title. The intent of this article is to recognize the legitimacy of buildings, lots and uses legally established during the history of Springville while recognizing the need to protect conforming development and to promote orderly development and improvement of the City.

All matters regarding the nonconformities shall be determined by the Board of Adjustment, unless otherwise specified in this Title. Upon application, the Board or its designee shall determine if the building, lot or use is nonconforming with respect to the current provisions of this Chapter.

When an area or yard setbacks of a legally established lot are reduced as the result of conveying land to a federal, state or local government for a public purpose, such lot and yards shall be deemed to be in compliance with the minimum lot size and yard setback standards without any need for a variance.

(1)    Ordinary Maintenance or Repair. A nonconforming building may be maintained or repaired so long as it does not increase the nonconformity of the building.

(2)    Additions or Enlargements. A nonconforming building may be enlarged or altered, provided that the proposed changes are in conformance with the current zoning ordinance. In addition, the Board, after a public hearing, may allow an enlargement which does not conform to height, lot coverage, setbacks or area requirements, based on the following determinations:

(a)    Granting the expansion will not adversely impact the attainment of the Springville City General Plan;

(b)    The expansion will improve the general appearance or safety of the area;

(c)    The expansion will not adversely impact the character of the neighborhood;

(d)    The expansion will improve the area by providing additional or adequate parking;

(e)    Any expansion will be adequately screened or buffered, if needed, so as not to increase impacts on the adjoining properties

(3)    Nonconforming Use Expansion Limits. A nonconforming use may not expand into any enlarged or altered portion of a nonconforming building.

(4)    Damage or Destruction. A nonconforming building, that is damaged or destroyed by fire, flood, earthquake, wind or other natural disaster may be restored or rebuilt; provided that a building permit is obtained within six months of the event and that restoration is diligently pursued to completion. The overall floor area of a nonconforming building may be increased provided no additional nonconformities are created.

(5)    Loss of Nonconforming Rights. A building or structure nonconforming as to the setback, lot coverage, height restrictions or other relevant zoning regulations, shall lose its nonconforming rights at the time the building is demolished, renovated to be conforming or removed from the site.

(1)    Right of Use. The lawful nonconforming use of a building, structure, or land existing at the time the applicable zoning regulations became or become effective may be continued.

(2)    Limits to Expansion of Use. A nonconforming use may be expanded through the same building in which it is located, provided no structural alteration of the building is proposed or made for the purpose of the extension. For purposes of this subsection, the addition of a solar energy device to a building is not a structural alteration. A nonconforming use may not be expanded on a lot.

(3)    Discontinuance or Abandonment. If a nonconforming use located in a conforming building, structure or lot is discontinued for a period of one year or more, the building, structure or lot shall only be occupied by a use that is in conformance with the present use regulations of the zone in which it is located.

(4)    Change to Another Nonconforming Use Prohibited. A nonconforming use may not be changed to another nonconforming use.

(5)    Change to a Conforming Use. Once any part of a building or lot, serving as the location of a nonconforming use, has been used by a conforming use, that location may not be used by the previous or any other nonconforming use.

(6)    Notwithstanding the provisions of this Section, a building legally built and occupied as a single-family dwelling that is currently located in a non-residential zoning district, may be repaired, altered, enlarged or replaced provided that any changes do not increase any building or lot nonconformities, no additional dwelling units are added and all required permits are obtained. For purposes of this provision, the R-1 development standards of the 1949 Springville City Zoning Ordinance shall apply.

(1)    Right of Use. A nonconforming lot may continue to be occupied and used, although it may not conform in every respect with the dimensional and area requirements of this Chapter. The nonconforming lot shall be subject to the provisions of this Chapter.

(2)    Loss of Nonconforming Rights. A nonconforming lot shall lose its status at such time as it is combined with an adjacent lot.

(3)    New Construction or Additions on Residential Nonconforming Lots of Record. A building permit may be issued for a single-family dwelling or changes to an existing single-family dwelling in any zone allowing such use; provided, that the development regulations, exclusive of lot width and area, of the current Zoning Ordinance shall be met.

(Ord. No. 06-2012, 07/17/2012)

(1)    Procedure. The Zoning Administrator or the Administrator’s designee shall determine the existence, expansion or modification of a nonconforming building, lot or use or other nonconformity as provided in the following procedure:

(a)    If a determination of the nonconforming status of a property is desired, the owner or his designee shall submit a completed application for a Certificate of Nonconformity with the Community Development Department. In all cases, the property owner shall have the burden of proving by a preponderance of evidence that a building, lot, use or other circumstance, which does not conform to the provisions of this Title, complied with the applicable ordinance requirements in effect at the time the current circumstances were originally created.

(b)    A preponderance of evidence is evidence which is more credible and convincing than evidence offered in opposition to it.

(c)    Evidence offered to prove a building, lot, use or other circumstance was legally created may include, but not be limited to:

(i)    The date when the circumstance was created;

(ii)    Copies of applicable zoning, building or other Code provisions in effect at the time of creation;

(iii)    Documents showing the nonconforming circumstance was authorized, such as a building permit, letters, and meeting minutes of governmental bodies where the circumstance was discussed or authorized;

(iv)    Property inspection reports which indicate the degree that the nonconforming circumstance complies with the applicable Codes in effect at the time of creation; and

(v)    Affidavits of persons with personal knowledge of the circumstances of creation.

(d)    If no provision of a previously applicable zoning ordinance would have allowed a claimed nonconforming circumstance it shall be prima facie evidence that it was not legally established.

(e)    If when established, a building, lot, use or other circumstance did not conform to the provisions of applicable zoning or other Code provisions, the fact of occupancy, use or existence for any period of time shall not be a factor in determining whether the circumstance should be deemed legally established.

(f)    If a determination is made that the building, lot, use or other circumstances did conform to the applicable zoning or other Code provisions, a Certificate of Nonconformity shall be issued by the Community Development Department in accordance with the procedure defined above.

(g)    Notice of the final determination may be appealed to the Board of Adjustment as provided in Section 11-2-305 of this Title and shall state the date by which the appeal must be filed.

(3)    Abatement or Compliance. If a property owner is unable to demonstrate that a building, lot, use or other circumstance was legally established, it shall be deemed illegal and not to be a nonconforming use. It shall be abated or brought into conformance with applicable provisions of this Title. Abatement or compliance shall be achieved within thirty (30) days, unless the work which must be undertaken to achieve compliance cannot be accomplished in that time period. In such case, the owner of the property shall enter into a legally binding agreement with the City wherein the owner agrees to a schedule to achieve conformity as soon as reasonably practicable, so long as compliance is achieved within six (6) months. Failure to abate or remedy the illegal building, lot, use or other circumstance may be deemed a nuisance by the City.

(4)    Expansions, Additions, or Changes to a Nonconforming Building. No building permit for expansions, additions or changes of a nonconforming building or use shall be issued unless and until a Certificate of Nonconformity has been issued. The proposed work shall be in accordance with the terms and conditions of said Certificate. Any violation of the terms or conditions of said Certificate may result in the building permit being revoked and the expansion, addition or changes be deemed illegal.

Article 3 – ANNEXATIONS

(1)    A party seeking annexation to the City shall submit an annexation petition and a plat describing the property to the City Recorder, meeting the criteria established by State law. The request will be placed on the City Council agenda for rejection or acceptance for further review pursuant to the provisions of Section 10-2-404, Utah Code Annotated 1953. If accepted for further review, the City Recorder shall publish the notices, and provide the written notices as required by State law. The City may also initiate an annexation as outlined in Section 10-2-418, Utah Code Annotated 1953, where islands or peninsulas exist within its boundaries.

(2)    The Community Development Department may establish forms and procedures for applications/petitions for annexation to Springville City in addition to those set forth by State law.

(Ord. No. 06-2012, 07/17/2012)

(Repealed by Ord. No. 06-2012, 07/17/2012)

(Repealed by Ord. No. 06-2012, 07/17/2012)

(Repealed by Ord. No. 06-2012, 07/17/2012)

The Planning Commission and City Council, in reviewing annexation requests and in carrying out their duties under this Chapter, shall in addition to any other issue, consider the following:

(1)    Whether the City desires to annex additional land.

(2)    Whether the City has the capability of supplying adequate municipal services to the area proposed for annexation, such as water, sewer, police, fire, and street maintenance.

(3)    Whether the water rights to be conveyed, if any, pursuant to Section 11-3-307 produce a sufficient quantity of water.

(4)    Whether the proposed annexation is consistent with the City’s General Plan.

(5)    What conditions, if any, should be attached to proposed annexations which are necessary for proper implementation of the General Plan.

(6)    Whether all required fees have been paid.

The following fees shall be required to be paid by those making a petition for annexation:

(1)    A review fee in an amount as may be fixed by resolution of the City Council shall be submitted to the City Recorder with each annexation petition.

(2)    A Policy Declaration preparation fee in an amount as may be fixed by resolution of the City Council shall be submitted to the City prior to the preparation of any required declaration. Said fee shall be used to offset the cost of preparing a Policy Declaration for any proposed annexation.

(3)    Prior to action by the City Council, a plat review and recording fee, as may be fixed by resolution of the City Council, shall be submitted to the City Recorder. Said fee shall be used to offset the cost to the City for the processing of the petition and resolution, conducting the necessary legal and engineering reviews, and recording the resolution and plat.

No water rights need be tendered at the time of annexation. At any time development occurs on any property annexed, the owner or developer of the property must tender water shares to the City in accordance with Springville City Code.

(1)    Other conditions as may be deemed necessary for the general welfare of the City may be attached as a prerequisite to the annexation of any land. Said conditions may include, but are not limited to, the conveyance of land or the granting of an easement to preserve a designated floodway, or the location of a major street, drainage way, utility easement, park, or similar public use.

(Repealed by Ord. No. 06-2012, 07/17/2012)

Article 4 – DEFINITIONS

For the purpose of this Title, certain words and terms are defined as follows:

(1)    Words in the present tense include the future, and the future includes the present.

(2)    The singular number includes the plural and the plural the singular.

(3)    The word “lot” includes the word plot, tract or parcel of land, as the sense may require it.

(4)    The term “erected” means constructed, altered, moved or repaired.

(5)    Words “shall” and “must” are always mandatory.

(6)    The word “district” is synonymous with the word “zone.”

(7)    Drawings used within this Title are for illustrative purposes only.

(Amended by Ord. No. 28-2006, 10/03/2006)