Chapter 10.01 - General Provisions


City Code :: Elwood Town Ordinance :: Chapter 10.01 - General Provisions

CHAPTER 10.01

GENERAL PROVISIONS 
 

Sections:

10.01.010 Short Title

10.01.020 Purpose

10.01.030 Applicability

10.01.040 Minimum Requirements

10.01.050 Conflict

10.01.060 Prohibitions

10.01.070 General Plan Mandate

10.01.080 Effect on Previous Titles and Maps

10.02.090 Temporary Regulations

10.01.110 Pending Ordinance Amendments

10.01.120 State and Federal Property

10.01.130 Property Owned By Other Governmental Units

10.01.140 Building Permits Required

10.01.150 Certificate of Occupancy Required

10.01.160 Site Plan Approval Required

10.01.170 Inspection

10.01.180 Completion of Requirement Improvements

10.01.190 Enforcement

10.01.200 Nuisance and Abatement

10.01.210 Penalties

10.01.220 Licensing

10.01.230 Territory Annexed to the Town

10.01.240 Fees 
 
 

10.01.010 Short Title 
 

This Zoning Ordinance shall be known as the "Zoning Ordinance of the Town of Elwood". 
 

10.01.020 Purpose 
 

This Zoning Ordinance is designed and enacted for the purpose of promoting the health, safety, convenience, order, prosperity and welfare of the present and future inhabitants of the Town of Elwood, State of Utah, including, amongst other things, the lessening of congestion on the streets or roads, securing safety from fire and other danger, providing adequate light and air, the classification of land uses and distribution of land development and utilization, protection of the tax base, securing economy in governmental expenditures, foster the commercial, industrial and agricultural growth, and the protection of both urban and nonurban development of the Town. 
 

10.01.030 Applicability   
 

The provisions of the Zoning Ordinance apply to all private and public development within the corporate limits of the Town. 
 

10.01.040 Minimum Requirements 
 

The provisions of this Title represent the minimum requirements necessary to advance its stated purposes. Unless otherwise specified within the ordinance, 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 
 

10.01.050 Conflict 
 

This title shall not nullify the more restrictive provisions of covenants, agreements, or other titles or laws, but shall prevail notwithstanding such provisions which are less restrictive. 
 
 

10.01.060 Prohibitions  
 

  1. 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 stated  law. 
  2. 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. 
 

10.01.070 General Plan Mandate  
 

Land development shall be consistent with the General Plan.  The Town’s administration and its departments shall carry out the mandate of the General Plan when reviewing project proposals, and development plans.  
 

  1. 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.
  2. Appeal Authority Implementation: The Appeal Authority 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.
  3. Relationship of the General Plan to the Land Use Ordinance: The General Plan is the adopted policies of the Elwood Town 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 Ordinance.  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 Ordinance to be carried out. Implementation measures in the General Plan provide direction for specific measures within the Land Use Ordinance. When there is a conflict between the General Plan and the Land Use Ordinance, 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 Ordinance’s specific measures are to prevail.   

10.01.080 Effect on Previous Titles and Maps 
 

The existing titles covering zoning, in their entirety, and including the maps heretofore adopted and made a part of said titles are hereby superseded and amended to read as set forth herein; provided, however, that this Title, including the attached map, shall be deemed a continuation of previous titles and not a new enactment, insofar as the substance of revisions of previous titles is included in this Title, whether in the same or in different language; and this Title shall be so interpreted upon all questions of construction relating to tenure of officers and boards established by previous titles and to questions of conforming or nonconforming uses and buildings and structures, and to questions as to the dates upon which such uses, buildings, or structures became conforming or nonconforming. 
 

10.02.090 Temporary Regulations 
 

  1. The Town Council may, without a public hearing, enact ordinances establishing temporary zoning regulations for any part or all of the area within the city if:
 
  1. The legislative body makes a finding of compelling, countervailing public interest; or
  2. The area is unzoned.
 
  1. Temporary zoning regulations may prohibit, restrict, or regulate the erection, construction, reconstruction, or alteration of any building or structure or subdivision approval.
  2. A temporary zoning regulation may not impose an impact fee or other financial requirement on building or development.
  3. The Municipal Council may, without a public hearing, enact an ordinance establishing temporary zoning regulations prohibiting construction, subdivision approval and other development activities within an area that is the subject of an Environmental Impact Statement or a Major Investment Study examining the area as a proposed highway or transportation corridor. Said temporary regulations may be renewed at the request of the Utah Transportation Commission for up to two (2) additional six (6) month periods by an ordinance enacted prior to the expiration of the previous temporary regulation, provided that such regulations shall be in effect only as long as the Environmental Impact Statement or Major Investment Study is in progress.
  4. Temporary zoning regulations shall not exceed six (6) months in duration.
 
 

10.01.110 Pending Ordinance Amendments 
 

  1. When a proposed amendment to the zoning map or text of this Title is pending, a person who thereafter files an application which may be affected by the proposed amendment shall not be entitled to rely on the existing zoning map or text which may be amended.
 
  1. A proposed zoning map or text amendment shall be deemed "pending" when the amendment proposal first appears on a Planning Commission or Town Council agenda, as the case may be, which has been noticed as required in this Chapter.
  2. An application shall be deemed "filed" when all materials required for the application, as set forth in this Title, have been submitted.
 
    1. If within one (1) year after an application has been filed the applicant has not taken substantial action to pursue an approval, the application shall expire and any vested rights thereunder shall terminate.
    2. For the purpose of this Subsection, "substantial action" means action taken in good faith to diligently pursue any matter necessary to obtain final approval of the application.
 
  1. An application affected by a pending amendment to the zoning map or text of this Title shall be subject to the following requirements:
 
  1. The application shall not be acted upon until six (6) months from the date when the pending amendment to the zoning map or text of this Title or Title 15 was first noticed on a Planning Commission or Municipal Council agenda, as the case may be, unless:
 
    1. the applicant voluntarily agrees to amend his application to conform to the requirements of the proposed amendment; or
    2. the proposed amendment is sooner enacted or defeated, as the case may be.
 
  1. If a pending amendment to the zoning map or text of this Title is enacted within six (6) months after being noticed on a Planning Commission or Municipal Council agenda, as the case may be, an affected application which was filed while the amendment was pending shall conform to the enacted amendment.
  2. If a pending amendment to the zoning map or text of this Title is not enacted within six (6) months after being noticed on a Planning Commission or Municipal Council agenda, as the case may be,
 

10.01.120 State and Federal Property 
 

Unless otherwise provided by law, and only to the extent required by Section 10-9a-304, UCA, nothing contained herein adopted pursuant to Part 3, Title 10, Chapter 9a, UCA, shall be construed as giving the Planning Commission or the Town Council jurisdiction over properties owned by the State of Utah or the United States government. 
 

      1. Property Owned By Other Governmental Units
 

Each county, municipality, school district, charter school, special district, and political subdivision of the state shall conform to any applicable land use ordinance of Elwood Town installing, constructing, operating, or otherwise using any area, land, or building situated within the Town only to the extent required by Section 10-9a-305, UCA,.   
 

10.01.140 Building Permits Required 
 

The construction, alteration, repair, removal or occupancy of any structure or of any part thereof, as provided or as restricted, in this Zoning Ordinance shall not be commenced or proceeded with except after the issuance of written permit for the same by the Town Staff; provided that no permit shall be necessary where the erection, construction, reconstruction, or alteration is minor in character as defined herein, or as determined by the Zoning Administrator. 
 

10.01.150 Certificate of Occupancy Required 
 

No land shall be used or occupied and no building hereafter structurally altered or erected, shall be used or changed in use until a Certificate of Occupancy shall have been issued by the Town Staff stating that the building or structure or the proposed use thereof, or the use of land, complies with the provisions of this Zoning Ordinance. A like certificate shall be issued for the purpose of maintaining, renewing, changing, or extending a non-conforming use. A Certificate of Occupancy either for the whole or a part of a building or structure shall be applied for coincidentally with the application for a Building Permit and shall be issued within ten days after the erection or structural alteration of such building or structure, or part thereof, shall have been completed in conformity with the provisions of this Zoning Ordinance. 
 

10.01.160 Site Plan Approval Required 
 

Prior to the issuance of a Building Permit for any use, building or construction within Elwood Town, approval of a site plan by the Planning Commission is required. In considering any site plan, the Planning Commission may impose reasonable requirements to assure, among other things, the safety and convenience of traffic movement both within the area covered and in relation to access streets, a harmonious relationship among the buildings and uses, a harmonious relationship between such area and buildings of adjacent neighborhoods, and the preservation of future road locations. 
 

In furthering the above objectives, the Planning Commission shall review and may require certain improvements or design changes to be implemented by the developer as part of his construction related but not limited to the following considerations which shall be shown on a site plan, drawn to scale as follows: 
 

  1. Dimensions and orientation of the parcel.
  2. Locations of buildings and structures, both existing and proposed.
  3. Location and layout of off-street parking and loading facilities.
  4. Location and size of points of entry and exit, in accordance with Chapter 10.22 – Off-Street Parking Regulations and internal vehicle circulation patterns, type of barrier or curb and gutter used on front property lines.
  5. The location and design of walls and fences and indication of their height and materials of their construction.
  6. The height of existing and proposed buildings and structures.
  7. The proposed use of building(s) shown on the plot plan.
  8. Location of exterior existing and proposed lighting standards and devices.
  9. The location and height of any overhead power and communication and transmission lines and all utility easements that may effect subject property.
  10. Location and size of exterior, existing and proposed signs and outdoor advertising in accordance with the Chapter 10.23 - Sign Regulations.
  11. Meaningful landscaping and open space on the site of as per Chapter 10.13 – Commercial Districts and Chapter 10.14 - Manufacturing/Industrial District.  A landscape plan shall identify landscaping details such as shrubs, trees and other plant material.
  12. Where an attachment or minor addition of 1,000 square feet or less to an existing building or structure is proposed, the site plan shall indicate the relationship of said proposal to the existing development but at the discretion of the Town Staff need not include other data required in sections A thru K above unless it drastically changes any of the items required.
 

The Town Staff shall ensure that development is in compliance with the site plan and all other requirements imposed by the Planning Commission. Upon approval of the site plan by the Planning Commission, no alterations shall be made without first obtaining approval from the Planning Commission. 
 

10.01.170 Inspection 
 

The Town Staff is authorized to inspect or to have inspected all buildings and structures in the course of their construction, modification or repair, and to inspect land uses to determine compliance with zoning title provisions. The Town Staff or any authorized employee of the City shall use the right to enter any building for the purpose of determining the use, or to enter premises for the purpose of determining compliance with the said title, provided that such right of entry is to be used only at reasonable hours. In no case shall entry be made to any occupied building in the absence of an owner or tenant thereof without written permission of an owner, or written order of a court of competent jurisdiction. 
 

10.01.180 Completion of Requirement Improvements 
 

  1. For uses subject to Chapters, 10.06, or 10.20, any improvements required under this Title, including but not limited to, curb, gutter, sidewalk, fences, landscaping, streets, parking, and flood control requirements shall be satisfactorily installed prior to the issuance of a certificate of occupancy by the Elwood Town, or if a certificate of occupancy is not required, prior to the issuance of a business license for the land being developed. In lieu of actual completion of such improvements prior to the issuance of a certificate of occupancy or business license, a developer may file with the Town Council a cash bond, surety bond, letter of  credit, or escrow agreement in an amount specified by the Town Engineer to ensure completion of such improvements within one year. The bond may be extended by the Town Council upon request. Upon completion of the improvements for which a bond or escrow agreement has been filed, the developer shall call for inspections of the improvements by the Town Stafft. Upon approval of the Town Council following a recommendation of the Planning Commission, and in lieu of the bond requirements of this Section, the builder or developer may be permitted to execute an agreement in a form acceptable to the Town’s Attorney’s Office, deferring any of the required improvements.
  2. Inspection shall be made within a reasonable time upon request. If the inspection shows the Town standards and specifications have been met in the completion of such improvements, the bond or agreement shall be released within a reasonable time from the time of inspection. If the bond agreement is not released, refusal to release and the reasons therefore shall be given to the developer in writing within a reasonable time from the time of the inspection. The bond may be partially released based upon the percentage of completion of the required improvements.
  3. If the Town Council determines that the issuance of a certificate of occupancy or a business license prior to completion of any required improvements may be injurious to the health, safety, or welfare of the City or its inhabitants, it may refuse to accept a bond or deferral agreement in lieu of actual completion of required improvements or may limit the bond or agreement to a period of less than one year.
 

10.01.190 Enforcement 
 

The Town Staff is authorized as the enforcing officer for this Title, and shall enforce all provisions, entering actions in court if necessary, and his failure to do so shall not legalize any violations of such provisions. The governing body may, by resolution or title, from time to time entrust administration of this Title, in whole or in part, to another officer of the local jurisdiction, without amendment to this Title. 
 

10.01.200 Nuisance and Abatement 
 

Any building or structure erected, constructed, altered, enlarged, converted, moved or maintained contrary to provisions of this Title, and any use of land, building or premise established, conducted or maintained contrary to provisions of this Title shall be, and the same hereby is, declared to be unlawful and a public nuisance; and the local attorney shall, upon request of the governing body, at once commence action or proceedings for abatement and removal of enjoinment thereof in a manner provided by law, and take other steps and apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain or enjoin any person, firm, or corporation from erecting, building, maintaining, or using said building or structure or property contrary to the provisions of this Title. The remedies provided for herein shall be cumulative and not exclusive. 
 

10.01.210 Penalties 
 

Any person, firm or corporation (as principal, agent, employee or otherwise) violating, causing, or permitting violation of the provisions of this Title shall be guilty of a misdemeanor, and punishable as provided by law. Such person, firm, or corporation intentionally violating this Title shall be deemed to be guilty of a separate offense for each day during which any portion of any violation of this Title is permitted or continued by such person, firm, or corporation, shall be punishable as herein provided. 
 

10.01.220 Licensing 
 

All departments, officials and public employees of the local jurisdiction which are vested with duty or authority to issue permits or licenses shall conform to the provisions of this Title and shall issue no permit or license for uses, buildings, or purposes where the same would be in conflict with the provisions of this Title and any such permit or license, if issued in conflict with the provisions of this Title, shall be null and void. 
 

10.01.230 Territory Annexed to the Town 
 

At the time of the annexation of new territory to the Town, the Town Council with the recommendation of the Planning Commission shall classify such territory for zoning purposes according to the zones established by the Zoning Ordinance. 
 

10.01.240 Fees 
 

Fees may be charged applicants for building, occupancy, and conditional use permits, design review and planned unit development approval, planning commission and board of adjustment hearings, and such other services as are required by this Title to be performed by public officers or agencies. Such fees shall be established by the legislative body and be in amounts reasonably needed to defray costs to the public.