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This title is adopted pursuant to the Utah municipal land use, development, and management act, as set forth in Utah Code Annotated section 10-9a-102(2) et seq., as amended; the general welfare power delegated municipalities as set forth in Utah Code Annotated section 10-8-84, as amended, and the police power authority of local government established by Utah common law. This title constitutes the land use and subdivision ordinance authorized by the Utah municipal land use, development, and management act. (Ord. 2012-15, 9-20-2012)
The purposes of this title are to provide for the health, safety, and welfare, and promote the prosperity, peace and good order, comfort, convenience, and aesthetics of the city and its present and future inhabitants and businesses, to protect the tax base, to secure economy in governmental expenditures, to foster the city's agricultural and other industries, to protect both urban and nonurban development, to provide fundamental fairness in land use regulation, and to protect property values. (Ord. 2012-15, 9-20-2012)
A. Composition: This title is composed of regulations and standards for general provisions, administration and enforcement, zones, regulations of general applicability, and regulations for specific uses for land use and development within the city of Holladay.
1. General Provisions: General provisions establish how this title is applied; how planning documents such as the general plan relate to this title; and provide rules and definitions applicable to the entire title.
2. Administration And Enforcement: Administration and enforcement provisions describe the powers and duties of decision making bodies and officials, procedures for considering land use applications, and standards for dealing with nonconforming circumstances. Enforcement provisions set forth procedures used to correct violations of this title.
3. Zones: This title establishes two (2) types of zones: base zones, and overlay zones.
a. Base zones include residential, commercial, and public zones. Base zone provisions establish regulations and development standards that govern land uses allowed in each base zone.
b. Overlay zone provisions establish regulations that address land use matters in geographic areas which overlay one or more base zones. Overlay zone regulations apply in addition to base zone regulations.
4. Regulations Of General Applicability: Regulations of general applicability govern land use matters, such as parking, signs and tree protection that apply in all zones.
5. Regulations For Specific Uses: Specific uses subject to additional regulations are set forth in this title.
B. Appendices: The following tables are appended to and are considered part of this title.
1. Appendix A, Allowed Uses: Permitted and conditional uses allowed by zone are set forth in appendix A of this title.
2. Appendix B, Land Use And Appeal Authorities: The land use and appeal authorities as set forth within this title are listed for reference in appendix B of this title. (Ord. 2012-15, 9-20-2012)
A. Minimum Requirements: In interpreting and applying the provisions of this title, the requirements contained herein are declared to be the minimum requirements necessary to promote public health, safety, convenience, order, prosperity and welfare of the present and future inhabitants of the city. Each department, official, and employee of the city vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title and shall issue no permit or license for a use, building, or purpose where the same would conflict with the provisions of this title. Any permit or license issued in violation of this title shall be null and void.
B. Building And Use Permits Required: Construction, alteration, repair or removal of any building or structure, or any part thereof, as provided or as restricted in this title, shall not be commenced or proceeded with except after the issuance of a written permit for the same by the building inspector. The use of the land shall not be commenced or proceeded with except upon the issuance of a written permit for the same by the community development director. No use permit shall be required for land used for agricultural purposes, as defined in this title.
C. Compliance Prerequisite To Permit Issuance: After the effective date hereof, no building permit may be issued without first having been approved by the community development director. The community development director shall not approve a building permit if any building, structure or use of land would be in violation of any of the provisions of this title, nor shall any other city officer grant any permit or license nor the use of any building or land if use would be in violation of this title. (Ord. 2012-15, 9-20-2012)
A. Certificate Of Occupancy Required:
1. No lot, parcel, or building shall be used or occupied until a certificate of occupancy has been issued pursuant to applicable provisions of building codes and regulations adopted by the city.
2. No certificate of occupancy shall be issued unless the building and the lot or parcel on which the building is located conform to applicable provisions of this title and other building codes and regulations adopted by the city.
B. Unlawful To Use Or Occupy: It is unlawful to use or occupy, or to permit the use or occupancy of any building or structure, unless a certificate of occupancy has been issued for such building or structure. Failure to obtain a certificate of occupancy shall be a violation of this title.
C. Nuisance: The use or occupancy of any building, structure, or premises for which a certificate of occupancy has not been issued is hereby declared to be a public nuisance and may be abated as such; it shall also be a public nuisance for any building, structure, or premises to be used or occupied in a manner different than authorized by a certificate of occupancy. (Ord. 2012-15, 9-20-2012)
A. Time Periods Computed: In computing any period of time prescribed or allowed by this title, the day of the act, event or decision after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday or legal holiday, in which event the period runs until the end of the next day, which is neither a Saturday, Sunday or a holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and holidays shall be excluded in the computation.
B. Date Of Decision: The date of a decision or recommendation of a land use authority shall be the date of the public meeting or hearing where such decision or recommendation is made. If the decision is made by the community development director, the date of the decision shall be the date specified on the property owner's notification letter. (Ord. 2012-15, 9-20-2012)
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