Chapter 18.05
GENERAL PROVISIONS
Sections:
18.05.020 Scope and application.
18.05.040 How to use this chapter.
18.05.050 Conflicting provisions.
18.05.070 Creation of vested rights.
18.05.090 Transitional provisions.
18.05.010 Legislative intent.
This title is intended to:
A. Support the goals of the Helper general plan;
B. Protect and promote public safety, health, and general welfare by providing adequate lighting, clean air, water and sewage control, and fire protection;
C. Protect private property rights;
D. Promote coordinated development, redevelopment, effective use of land, and site planning;
E. Encourage innovation in residential development and redevelopment that meets the growing demand for housing;
F. Preserve the character and stability of neighborhoods and conserve property values by encouraging the most appropriate uses of land within zoning districts;
G. Prevent substandard development, waste, inefficient use of land and resources, and danger and congestion in travel and transportation;
H. Ensure equal opportunity in housing to the handicapped;
I. Foster convenient, compatible and efficient relationships among land uses;
J. Require the provision of adequate off-street parking and loading facilities, and promote a safe, effective traffic circulation system;
K. Regulate and control the division of land;
L. Protect life and property in areas subject to floods and other natural disasters;
M. Promote prosperity, peace and good order, comfort and aesthetics of the city and its present and future inhabitants and businesses;
N. Protect and enhance the tax base and property values;
O. Secure economy in governmental expenditures; and
P. Protect the environment. [Ord. 2010-5. Code 1988 § 11-1.1].
18.05.020 Scope and application.
The provisions of this title apply to all land and uses of land within the city. This title became effective on July 1, 2010, and may be amended from time to time. A lot annexed and zoned that does not meet the minimum lot standards of this title may be used notwithstanding such requirements, if such lot was otherwise validly created.
This title has been designed to protect and promote the small town atmosphere of Helper City, which is strongly valued by its residents. Prospective future residents should be advised that the prevalent lifestyle in Helper City may not be agreeable to all tastes.
In establishing the zones, the boundaries thereof, and the regulations and restrictions applicable to each of the zones, due and careful consideration was given, among other things to the suitability of the land for particular uses, and to the character of the zone, with a view toward conserving the value of buildings, and encouraging the most appropriate use of the land throughout the city. [Ord. 2010-5. Code 1988 § 11-1.2].
18.05.030 Zoning map.
The boundaries of the zoning districts are set forth on a map entitled “Zoning District Map of the City of Helper, Utah,” which is adopted as part of this section. This map shall be maintained in the office of the city recorder and made available for public review and inspection. Any changes made to the map shall be made as approved in subsection (B) of this section.
A. Unless otherwise expressly defined on the zoning map, zoning district boundary lines are lot lines, section lines, city limit lines and (north, south, east, west) edges of the zoning lines as depicted on the zoning map. If uncertainty remains as to the boundary of a zoning district after application of the provisions of this subsection, the planning commission will interpret and determine the district boundary.
B. All amendments to the zoning map shall be made by ordinance. The city shall, within a reasonable time after adoption of any such amendment, place the amendment on the zoning map. [Ord. 2010-5. Code 1988 § 11-1.3].
18.05.040 How to use this chapter.
A general description of the land use regulations follows. This description is intended to provide the reader with some guidance. Using the terms of this chapter is not a substitute for the standards, criteria, and procedures contained in this title.
A. Zoning Map. Prior to considering the development or redevelopment of land, an applicant should refer to the official zoning map to determine which base zoning and overlay districts correspond to the subject property. The official zoning map is available from the city recorder’s office.
B. Zoning District Chapter. Once the applicant has identified the applicable zoning district, the applicant should refer to that section of Chapters 18.25 through 18.80 HMC which corresponds to the applicable zoning district(s). Definitions are also found in Chapter 18.10 HMC. The applicant should next refer to the site development and design requirements within the zoning district chapter to determine if the property is adequate in size to accommodate the proposed project. The site development and design standards will determine the building setbacks from the property lines, minimum lot area (if any), minimum open space (if any), maximum height, density, parking requirements for buildings and uses on the property, etc.
C. Use Standards. The applicant should then refer to the use table for the zoning district. The applicant should first determine if the desired use is allowed in the zoning district. If a use is not specifically listed it is prohibited from the zoning district. If the proposed use is allowed as a conditional use, the applicant must apply for and obtain a conditional use permit. Finally, if the use is an existing nonconforming legal use that is no longer allowed in the zoning district, and there is a proposal to change or modify a structure associated with the use, the applicant must apply for and obtain a permit for work as outlined in Chapter 18.20 HMC.
D. Variances/Rezones. If the applicant cannot meet the standards described in subsection (B) of this section, the applicant should determine whether there are alternative development options or any exceptions to the general rules that may accommodate the project. If the project does not meet standards and other development alternatives are not possible, then there are two methods available to attempt to vary the standards: the variance process and a petition for rezone.
1. The variance process is generally used for existing development, or development of an existing, validly created lot. The appeal authority shall issue a variance upon the applicant’s demonstration that the application meets each variance standard detailed in Chapter 18.20 HMC, Land Use Authorities and Appeal Authorities.
2. A petition for rezone is a request to change the development standards for the property in question. The process for requesting a rezone is detailed in Chapter 18.15 HMC, Administration and Enforcement.
E. Subdivision of Land. If the applicant would like to subdivide a piece of property, merge a number of different parcels into one parcel, or resubdivide, the applicant may need to go through the subdivision process detailed in Chapter 17.05 HMC, Subdivisions, and Chapter 17.10 HMC, General Design Standards for Subdivisions. The purpose of the subdivision process is to ensure that proposed building sites are appropriate for development; to obtain an accurate and permanent record of the separate interests of land that are created by subdivisions of land; to apportion the costs of public services and facilities serving the subdivision; to provide assurances to future buyers of land that the subdivider owns the land to be sold; to provide legal and physical access to each lot; and to provide for maintenance of improvements, utilities, and amenities. There are a number of divisions of land to which the subdivision regulations do not apply. The applicant should review these exceptions to determine if the project will be required to complete the subdivision process. There is also an abbreviated process for projects that only require relocation of a lot line between two lots within an existing subdivision. See Chapter 17.05 HMC, Subdivisions.
F. Meanings and Intent. All provisions, terms, phrases and expressions contained in this title shall be construed according to Chapter 18.10 HMC, Definitions.
G. Headings, Illustrations and Text. In case of any difference of meaning or implication between the text of this title and any heading, drawing, table, figure, or illustration, the text shall control.
H. Lists and Examples. Unless otherwise specifically indicated, lists of items or examples that use terms such as “including,” “such as,” or similar language are intended to provide examples, not to be exhaustive lists of all possibilities.
I. Computation of Time. References to days are calendar days. Exclude the first day and include the last day. If the last day is a Saturday, Sunday, or holiday observed by the city, that day shall be excluded.
J. Reference to Other Regulations, Publications and Documents. Whenever reference is made to a resolution, ordinance, statute, regulation, or document, it shall be construed as a reference to the most recent edition of such regulation (as amended), resolution, ordinance, statute, or document, unless otherwise specifically stated.
K. Technical and Nontechnical Terms. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
L. Public Officials and Agencies. All public officials, bodies, and agencies to which references are made are those of the city of Helper unless otherwise indicated.
M. Mandatory and Discretionary Terms. The words “shall,” “will” and “must” are always mandatory. The words “may” and “should” are advisory and discretionary terms.
N. Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:
1. “And” indicates that all connected items, conditions, provisions, or events apply; and
2. “Or” indicates that one or more of the connected items, conditions, provisions, or events may apply.
O. Tenses and Plurals. Words used in one tense (past, present, or future) include all other tenses, unless the context clearly indicates the contrary. The singular includes the plural, and the plural includes the singular. [Ord. 2010-5. Code 1988 § 11-1.4].
18.05.050 Conflicting provisions.
This chapter is written to harmonize with federal, Utah state and city laws. To the extent a provision of this title conflicts with a federal, Utah state or local law or private contract, the following rules apply:
A. Conflict with State or Federal Regulations. If the provisions of this title are inconsistent with those of the state of Utah or the federal government, the more restrictive provision will control, to the extent permitted by law.
B. Conflict with Other City Regulations. If the provisions of this title are inconsistent with one another or if they conflict with provisions found in other adopted ordinances, resolutions, or regulations of the city, the more restrictive provision will control.
C. Conflict with Private Agreements. It is not the intent of this title to interfere with, abrogate, or annul any easement, covenant, deed restriction, or other agreement between private parties. If the provisions of this title impose a greater restriction than imposed by a private agreement, the provisions of this title will control. If the provisions of a private agreement impose a greater restriction than this title, the provisions of the private agreement will control. The city shall not be responsible for monitoring or enforcing private agreements. [Ord. 2010-5. Code 1988 § 11-1.5].
18.05.060 Interpretation.
The Helper City building official shall have the power to interpret the provisions of this title; provided, that the city staff shall consult with the city attorney concerning legal issues. The interpretations shall be consistent with the rules of statutory construction and with the rules of conflicting provisions and shall be consistent over time until changed, in writing, by the city council. Such interpretations shall be entitled the weight accorded to administrative interpretations by the courts. [Ord. 2010-5. Code 1988 § 11-1.6].
18.05.070 Creation of vested rights.
The city may alter certain private property rights by amending this title from time to time as provided for in Chapter 18.15 HMC.
A. How Rights Vest. Certain private property rights shall become fixed at law, and may not be altered for a period of time, when:
1. An application for a land use approval is considered submitted and complete when the application is provided in a form that complies with the requirements of applicable ordinances and all applicable fees have been paid.
B. What Rights Vest. The applicant’s rights vest under the title in those rights for which the applicant has applied. For example, if the applicant has applied for a subdivision, and has “vested rights” pursuant to subsection (A) of this section, the applicant’s rights vest under HMC Title 17, and the applicant is entitled to the benefit of the subdivision ordinance in effect at the time of vesting. An applicant’s vested rights under the subdivision ordinance, however, do not vest the applicant under an adopted building, fire or plumbing code, because the applicant has not submitted a complete application for the applicable permit, nor paid applicable fees. Applications shall not vest if:
1. Revisions to the title are pending at the time of application which would prohibit or further condition the approval sought; or
2. There exists a compelling and countervailing health, safety or welfare reason.
C. Preservation of Vested Rights/Compliance with Conditions of Approval. An applicant with vested rights must comply with and maintain all conditions of final approval to preserve the vested rights. An applicant’s failure to meet or maintain conditions of approval constitutes the applicant’s knowing and willful waiver of the applicant’s vested rights.
D. Applicability of Ordinances That Are General in Nature. The establishment of a vested right shall not preclude the application of city ordinances or regulations that are general in nature, applicable to all property subject to land use regulation, and necessary to preserve the health, safety or welfare of the community.
E. Requirement to Be Applied. Helper City shall not impose on a holder of an issued land use permit a requirement that is not expressed:
1. In the land use permit or in documents on which the land use permit is based; or
2. In the city’s ordinances.
F. Certificate of Occupancy Not to Be Withheld. Helper City will not withhold issuance of a certificate of occupancy because of an applicant’s failure to comply with a requirement that is not expressed:
1. In the building permit or in documents on which the building permit is based; or
2. In the city’s ordinances.
G. Reasonable Diligence. The continuing validity of an approval of a land use application is conditioned upon the applicant proceeding after approval to implement the approval with reasonable diligence. [Ord. 2010-5. Code 1988 § 11-1.7].
18.05.080 Exactions.
The city may impose an exaction or exactions on proposed land use development if:
A. An essential nexus exists between a legitimate governmental interest and each exaction; and
B. Each exaction is roughly proportionate, both in nature and extent, to the impact of the proposed development. [Ord. 2010-5. Code 1988 § 11-1.8].
18.05.090 Transitional provisions.
A. Violations Continue. Any violation of the previous zoning ordinance will continue to be a violation under this title and will be subject to penalties and enforcement under Chapter 18.15 HMC, unless the use, development, construction, or other activity complies with the provisions of this title.
B. Legal Nonconformities. Any legal nonconformity under the previous zoning ordinance or created by the adoption of the title will be a legal nonconformity under this title. If a legal nonconforming use or structure under the previous zoning ordinance becomes conforming because of the adoption of this title, then the nonconformity expires. A legal nonconforming use will become an illegal nonconforming use if the use lapses for 12 consecutive months.
C. Approved Projects and Existing Lots. The provisions of this title shall affect approved projects and existing lots as follows:
1. Use permits, variances, architectural or design approvals, subdivided lots, subdivision maps, planned unit developments, mobile home parks, and recreational vehicle courts, which are valid on July 1, 2010, shall remain valid until their expiration date. Projects with valid approvals or permits may be constructed as approved; provided, that the permit or project approval is valid and has not lapsed. Any change in the use or occupation of such land shall be made in accordance with the amended provisions of this title.
2. No provision of this title shall require any change in the plans, construction, or designated use of any structure for which a building permit has been issued prior to July 1, 2010.
D. Vested Rights/Applications in Progress/Reapplication. An applicant with rights vested before July 1, 2010, and pending approval on July 1, 2010, may opt for review wholly under the terms of the previous zoning ordinance or under this title. Any reapplication for a permit that has expired must comply with the standards in effect at the time of reapplication. Projects for which no application has been submitted and accepted as complete prior to July 1, 2010, shall be subject to all requirements and standards of this title. [Ord. 2010-5. Code 1988 § 11-1.9].
18.05.100 Severability.
Should any chapter, section, clause, or provision of this title be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this code as a whole or any part thereof other than the part so declared to be invalid. [Ord. 2010-5. Code 1988 § 11-1.10].