General Provisions – Chapter 1.01
1.01.020 Conflicting Standards.
1.01.025 Land Use Authorities to Ensure Compliance with Ordinance.
1.01.030 Compliance with Approval and Standards.
1.01.035 Burden of Proof.
1.01.040 Penalty for Violating Title.
1.01.045 Legal Remedies for Violations.
1.01.055 Sale or Lease of Required Space.
1.01.060 Reasonable Conditions Imposed.
This Title shall be known and may be cited as the ″Zoning Ordinance of Tremonton City, Utah.″
This Title is designed and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity, and welfare of the present and future inhabitants of Tremonton City. Providing for, among other things, less congestion in the streets, better building and development practices, adequate light and air, a logical classification of land uses and distribution of land development and utilization, protection of the tax base, economy in governmental expenditures, and industrial pursuits in appropriate locations, and the protection of existing urban development. This Title accomplishes these purposes by zoning the area lying within Tremonton City and by regulating the location, height, size of buildings and other structures, the size of yards, courts and open spaces, the uses of buildings and structures for trade, industry, residence, recreation, public activities or other purposes, and the uses of land for trade, industry, residence, recreation, public activities or other purposes.
In interpreting and applying the provisions of this Title, the requirements contained herein are declared to be the minimum requirements for the purposes set forth.
1.01.020 CONFLICTING STANDARDS.
This Title shall not nullify laws that are more restrictive or provisions that are more restrictive as set forth in covenants, agreements or deed restrictions governing the subdivided property, but shall prevail over such laws or provisions that are less restrictive. This provision shall not be interpreted to imply that the City will enforce restrictive covenants to which it is not a party.
1.01.025 LAND USE AUTHORITIES TO ENSURE COMPLIANCE WITH ORDINANCE.
All Land Use Authorities 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.
1.01.030 COMPLIANCE WITH APPROVAL AND STANDARDS.
All property shall be developed in strict compliance with the approved plan, permit or license, the approved construction drawings, Title III General Public Works Construction Standards and Specifications and all notes, restrictions, covenants, development agreements, dedications, boundaries, and other commitments associated with the plan, permit or license. Failure on an approved plan, to note any improvement required by this Title on the approved plan, permit, or license the construction drawings shall not eliminate the applicant’s responsibility to complete that improvement.
1.01.035 BURDEN OF PROOF. The burden of demonstrating compliance with this Title rests with the applicant, developer or property owner.
1.01.040 PENALTY FOR VIOLATING TITLE.
All punishments, fines and/or fees for violating Titles I, II, and III of the Tremonton City Corporation Land Use Code shall be assessed in accordance with the City Consolidated Bail Schedule of the Tremonton City Consolidated Fees & Fines Schedule as adopted by Resolution. This provision shall not be used against City officers and staff in their good faith attempts to administer and enforce the terms of this Title.
1.01.045 LEGAL REMEDIES FOR VIOLATION.
In accordance with UCA 10-9a-802, the Tremonton City Council or any owner of real estate within the zoning district in which an alleged violation of this Title has occurred in addition, may institute injunction, mandamus, abatement, or any other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use.
Should any portion of this Title be found to be invalid or unconstitutional by a court of competent jurisdiction, all remaining portions not found to be invalid or unconstitutional shall remain in full force and effect.
1.01.055 SALE OR LEASE OF REQUIRED SPACE.
No space required to meet the width, depth, yard, parking or other requirements of this Title for a lot or building may be sold or leased away from such lot or building.
1.01.060 REASONABLE CONDITIONS IMPOSED.
Because each parcel of real property is unique and has its own set of problems to be dealt with, it is not possible to cover every possible contingency. Therefore, Land Use Authorities are authorized to impose reasonable conditions upon applications in this Title in addition to those expressly required, provided that:
A. The conditions are not arbitrary or capricious;
B. The Land Use Authority finds that the conditions are necessary to promote the health, safety or welfare of the citizens of Tremonton;
C. The conditions do not conflict with any applicable law; or
D. The conditions imposed that are exactions are in compliance with Utah Code 10-9a-508 as amended by the Utah Legislature.
A use or structure that is out-of-service for a continuous period of three hundred-sixty five (365) days shall be deemed to have been abandoned.