Wellsville City Zoning Code
ARTICLE I
INTRODUCTION TO LAND USE REGULATIONS
10-1-1: OFFICIAL NAME:
The official name of this Title of the Wellsville City Code is the “Land Use Regulations of the City of Wellsville, Utah,” which may be cited as the “Land Use Regulations.” When references are made to a “zoning ordinance,” “zoning code,” “subdivision ordinance,” “subdivision code,” “subdivision regulations,” or “zoning regulations,” it shall be presumed that the reference is the Land Use Regulations and all its components, as amended from time to time. (Ord. 2019- 04, 10-16-2019)
10-1-2: PURPOSE:
The Land Use Regulations are enacted for the purpose of preserving and improving the public health, safety and general welfare of the citizens and businesses of the City of Wellsville. The City Council declares the findings and declares the following purposes for this Title. The Land Use Regulations are intended to carry out the goals and policies of the General Plan.
A. The provisions of this Title manage growth in a way that contributes positively to the community’s quality of life.
B. This Title incorporates policies and programs to maintain and promote stability within the City’s neighborhoods.
C. The provisions of this Title are to be used to protect and enhance the community’s appearance.
D. This Title is intended to encourage business, commerce and economic development.
E. The Land Use Regulations incorporates development and performance standards to prevent adverse land use impacts.
F. The Land Use Regulations promotes predictability and consistency in the land development process – for neighborhood, business and development interests.
G. This title ensures appropriate opportunities for participation and involvement by all affected parties.
H. The Land Use Regulations ensures that the public recognizes that the privilege and right of subdividing land with the City of Wellsville is a discretionary action that requires appropriate levels of review.
I. This Title integrates subdivisions with land use and development regulations to ensure that each newly created lot is buildable and can be developed in conformance with applicable regulations.
J. This Title ensures that all subdivision, construction, and other development activity conforms to the goals, policies, Wellsville Design Standards and Specifications, and implementation measures of the Wellsville General Plan.
K. The Land Use Regulations are intended to ensure that regulations are fair to all. (Ord. 2019-04, 10-16-2019)
10-1-3: PROHIBITIONS:
A. No lot may be sold, transferred, financed, or otherwise exchanged unless and until it has been created in conformance with the provisions of this title and the Utah Code.
B. No land, building, or structure may be developed, used, occupied, erected, moved or altered without conformance with the provisions of this title and state law. (Ord. 2019-04, 10-16-2019)
10-1-4: GENERAL PLAN MANDATE:
Land development and capital improvement projects shall be consistent with the General Plan. The City’s administration shall carry out the mandate of the General Plan when reviewing project proposals, development plans, and capital improvement programs.
A. Planning Commission Implementation: The Planning Commission shall not approve any project for which it cannot substantiate a finding that the project is consistent with the goals, policies and implementation programs of the General Plan.
B. Board Of Adjustment Implementation: The Board of Adjustment shall not approve any variance request for which it cannot substantiate a finding that the project is consistent with the goals, policies and implementation programs of the General Plan.
C. Design Review Committee Implementation: The Design Review Committee shall not approve any project for which it cannot substantiate a finding that the project is consistent with the goals, policies and implementation programs of the General Plan.
D. Relationship of the General Plan to the Land Use Regulations: The General Plan is the adopted policies of the City Council. The General Plan represents a lengthy public participation process and incorporates long range goals, identified polices, and an implementation program. The content of the General Plan may be cited as a basis for making decisions or as a part of the finding to support actions initiated by this Land Use Regulations. The General Plan is adopted as a part of this code by reference. The General Plan provides the policies that enable the specific regulations of the Land Use Regulations to be carried out. Implementation measures in the General Plan provide direction for specific measures within the Land Use Regulations. When there is a conflict between the General Plan and the Land Use Regulations, if the General Plan provides precise development standards, the General Plan is to be used. If the General Plan provides policy language and no specific development standards, the Land Use Regulations specific measures are to prevail. (Ord. 2019-04, 10-16-2019)
10-1-5: APPLICABILITY:
The provisions of the Land Use Regulations apply to all private and public development within the corporate limits of the City. (Ord. 2019-04, 10-16-2019)
10-1-6: MINIMUM REQUIREMENTS:
The provisions of the Land Use Regulations represent the minimum requirements necessary to advance its stated purposes. Unless otherwise specified within the code, it does not preclude adding standards and requirements necessary to achieve the policies of the General Plan, the purposes of this Title, or protect the public health, safety, peace, morals, and general welfare. (Ord. 2019-04, 10-16-2019)
10-2-1: VIOLATIONS CONTINUE:
Any violation of these regulations of the City shall continue to be a violation. Resolving the violation shall require conformance to the regulations in effect at the time the violation is terminated, not regulations that may have been in effect at the time the violation was initiated. Any violation that was not discovered by the City under prior zoning or subdivision codes shall be resolved under the provisions of this Title. The lack of prior enforcement or enforcement action shall not constitute any degree of recognition, approval, or entitlement. (Ord. 2019-04, 10-16-2019)
10-2-2: NONCONFORMITIES UNDER PRIOR CODE:
Any legally existing land use, structure, or sign shall be allowed to continue as a legally existing land use, structure, or sign in the conformance with the provisions of Chapter 10-59 of this Title. (Ord. 2019-04, 10-16-2019)
Any building or development for which a permit was issued before an amendment to this title that affects the regulatory conformance of the permit may be completed in conformance with the issued permit and other applicable permits and conditions, even if such building or development does not fully comply with provisions of the Land Use Regulations. (Ord. 2019-04, 10-16-2019)
10-2-4: APPLICATIONS RECEIVED AND ACCEPTED AS COMPLETE AND APPROVALS ISSUED PRIOR TO AMENDMENTS TO THIS TITLE:
A. Applications Accepted As Complete: Any application accepted by the City Administration as “complete” prior to an amendment to this Title that affects the regulatory conformance of the application shall be processed under the regulations in effect at the time of the application submittal, unless an amendment was pending at the time a complete application is submitted or the City can show a compelling reason for exercising its police power retroactively to the date of the complete application.
B. Permits Approved: Any project which has been approved or for which a permit has been issued prior to an amendment to this Title that affects the regulatory conformance of the project shall be allowed to proceed under the terms of the permit as issued by the City, except in those cases where substantial progress, actions, or improvement toward the completion of the project has not been made by the proponent the approval or permit shall expire within one (1) years of approval or permit date. (Ord. 2019-04, 10-16-2019)
10-3-1: CONFLICT WITH OTHER LOCAL REGULATIONS:
If the provisions of the Land Use Regulations are inconsistent with one another or with other regulations or laws of the City of Wellsville, the more restrictive provision shall control, unless otherwise stated. (Ord. 2019-04, 10-16-2019)
10-3-2: CONFLICT WITH STATE OR FEDERAL REGULATIONS:
If the provisions of the Land Use Regulations are inconsistent with those of the State or Federal Government, the more restrictive provision shall control, to the extent permitted by law. (Ord. 2019-04, 10-16-2019)
10-3-3: CONFLICT WITH PRIVATE RESTRICTIONS:
It is not the intent of the Land Use Regulations to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of the Land Use Regulations impose a greater restriction than imposed by a private agreement, the provisions of the Land Use Regulations shall control. If the provisions of a private agreement impose a greater restriction than the Land Use Regulations, the provisions of the private agreement shall control. The City of Wellsville does not enforce private covenants. (Ord. 2019-04, 10-16-2019)
10-3-4: SEVERABILITY:
If a Court of competent jurisdiction declares any part of the Land Use Regulations to be invalid, that ruling shall not affect any other provisions of the Land Use Regulations not specifically included in the ruling. (Ord. 2019-04, 10-16-2019)