This ordinance shall be known as the Zoning Ordinance of the City of Clinton, Utah.

1. Purpose. This Ordinance 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 the City of Clinton, including among other things, the lessening of congestion and other dangers, providing adequate light and air, classification of land uses and distribution of land development and utilization, protection of the tax base, securing economy in governmental expenditures, fostering the City's commercial and industrial growth, and the protection of both residential and non-residential development.
2. Interpretation. In interpreting and applying the provisions of this ordinance, requirements contained herein are declared to be the minimum requirements for the purposes set forth.
3. Conflict. This ordinance shall not nullify the more restrictive provisions of covenants, agreements, other ordinances, or laws, but shall prevail notwithstanding such provisions which are less restrictive.

This zoning ordinance, including the maps, may be amended from time to time by the City Council after review and recommendation by the Planning Commission and with the requirements of public hearing outlined elsewhere in this ordinance. All proposed changes and amendments shall be proposed by or submitted to the Planning Commission for its recommendation, which, within ninety days, shall be forwarded to the City Council for its consideration. Failure of the Planning Commission to submit a recommendation within the prescribed time shall be deemed approval by such commission of the proposed change or amendment. The City Council shall approve, amend, and approve or overrule the recommendation of the Planning Commission by a majority vote of its members within ninety days following the final vote of the Planning Commission. The Council may chose to return a proposal to the Commission for further consideration with cause and stipulation of the items that the Council request by reconsidered, however the Council may not return a proposal for the same consideration more than once.

Public hearings that are required by this ordinance shall be accomplished as outlined herewith.

1. Amendments to the Zoning Ordinance. At least fifteen (15) days notice of the time and place of such hearing shall be published in a newspaper of general circulation in the municipality.
2. Application for Changes to Property Zoning. At least fifteen (15) days notice of the time and place of such hearing shall be published in a newspaper of general circulation in the municipality. Additionally, a two (2) foot by two (2) foot sign which, in contrasting letters announces a public hearing, a phone number at the city offices where additional information may be obtained, and a copy of the public hearing. Lettering will be of contrasting color to the background and “Public Notice” will be three (3) inches tall, the phone number will be one and one-half (1 1/2 ) inch tall letters. The copy of the public notice will be type written on an 8 1/2” x 11” piece of paper contained in a weather resistant, transparent cover. A minimum of one (1) sign shall be placed on each frontage of the subject property.
3. Application for Conditional Uses. The Planning Commission shall call a Public Hearing on any Conditional Use request. Notice of such Public Hearing shall be published in a newspaper of general circulation in the municipality at least seven (7) days prior to said public hearing.20 Notification of such review shall be sent to the applicant and all property owners within a 300-foot radius of the property under review. Said notification shall not be less than seven (7) days prior to the Conditional Use application and input from said parties.
4. Application for Non-Residential Site Plan and Architectural Approval. Uses proposed requiring a site plan review outlined in section 28-3-10 and 28-18-5 of this ordinance. At least fifteen (15) days notice of the time and place of such hearing shall be published in a newspaper of general circulation in the municipality. Additionally, a sign as outlined in (2) above shall be placed on the property.
5. Tabled or Continued Hearings. When a public hearing or action as a result of a public hearing required by the Planning Commission or City Council is tabled or continued to another meeting the Commission or Council will stipulate a date when the item will be re-addressed. Public Notice of pending action shall be all that is required until final action is taken by the Planning Commission or Council as necessary as long as the hearing is opened to the public and the Commission or Council tables or continues to another meeting.

1. Permits Required. Except as specified in this ordinance no building or structure regulated by the Technical Building Codes shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has been obtained from the building official.
2. Work Exempt From Permit.
   1. Accessory to residential uses in a residential zone: placement of a one-story detached accessory structure provided the floor area does not exceed 200 square feet. Accessory to uses regulated by the International Building Code: placement of a one-story detached accessory structure provided the floor area does not exceed 120 square feet. ¹⁰¹
   2. Fences not over 6 feet high.
   3. Movable cases, counters and partitions not over 5 feet 9 inches high.
   4. Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall unless supporting a surcharge or impounding or have the potential for impounding Class I, II or III-A liquids.
   5. Platforms, walks and driveways not more than 30 inches above grade and not over any basement or story below.
   6. Painting, papering and similar finish work.
   7. Window awnings supported by an exterior wall of Group R, Division 3, and Group u Occupancies when projecting not more than 54 inches.
   8. Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy which are less than 2 feet deep and are emptied daily.
3. Full Code Compliance. Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above-exempted items where required by the applicable Technical Building Codes.
4. Exemption from the permit requirements outlined above shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of the applicable Technical Building Codes.
5. Structures constructed without a Building Permit or Compliance Permit are declared a Nuisance. Enforcement of the Nuisance may be accomplished as follows:
   1. Stop Work Order and order to remove the structure as established in the applicable building codes adopted by the State or City.
   2. Issuance of a citation as outlined in Title 2, Chapter 16 of the Clinton City Code of Ordinances.
   3. Issuance and recording of a Certificate of Non-Compliance with the Davis County Recorder’s Office against the property outlining the violations(s) and intent of the Certificate is to notify all potential parties interested in the property that the violation(s) must be corrected for the property to be in compliance with the Clinton City Code.

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 Building Inspector stating that the building or structure or the proposed use thereof, or the use of land complies with the provisions of this ordinance. A like certificate shall be issued for the purpose of maintaining, renewing, changing or extending a nonconforming use. A Certificate of Occupancy either for the whole or 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 ordinance.

At the time of the annexation of new territory to the City of Clinton, the City Council shall classify such territory for zoning purposes according to the zones established by this Ordinance.

The Community Development Director or his/her designated representative is hereby charged with the administration and enforcement of the provisions of this Ordinance to include but not be limited to:

1. Permit. A permit for the construction of or alteration of any building or structure, nor the issue of any Certificate of Occupancy for a change in the use of a structure or parcel of land, if such construction or alteration or change would be in violation or would involve a violation of any of the provisions of this Ordinance or any other ordinance of the City of Clinton or of any law of the State of Utah.
2. Enforcement. The inspection of buildings in course of construction, alteration or repair, and any change in the use of land. If, in the course of such inspection or otherwise, it shall come to his/her attention that any use or contemplated use of land is in violation of the provisions of this Ordinance, he/she shall issue his written order to the person responsible therefore, ordering and directing such person to cease and desist such construction, alteration, repair or use. He/she shall report violations of this Ordinance to the City Attorney for prosecution and make complaint thereof before the court or courts having jurisdiction of such violation.
3. Police Assistance. Obtain the assistance of the Police Department whenever in his/her opinion, such assistance is necessary in the investigation of a suspected violation of this Ordinance.
4. Rules and Regulations. Reasonable rules and regulations necessary or desirable in the administration of this Ordinance may be established. Three copies of such rules and regulations shall be filed with the City Recorder and such rules and regulations shall become effective when so filed.

The City Council may, by resolution, prescribe an exact payment of reasonable fees and assessments to cover the expense of reviewing applications for city action regulated by this ordinance to include but not limited to: conditional use permits; zoning changes; examining plans; issuing building permits; licenses; inspecting uses; and issuing Certificates of Occupancy and may determine the method of collecting such fees.

All departments, officials and public employees of the City of Clinton, Utah, which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Ordinance and shall issue no such permit or license for uses, buildings, or purposes where the same would be in conflict with the provisions of this Ordinance. Any permit inadvertently issued in conflict with the provisions of this Ordinance shall be null and void.

Any structure made or existing illegally, and any use of land in violation of any provision of this Ordinance is hereby deemed a public nuisance and may be abated by appropriate proceedings.

Any person violating any of the provisions of this title shall be guilty of a Class C misdemeanor or a comparable civil penalty. Upon conviction of a Class C misdemeanor by a court of competent jurisdiction, the person so convicted shall be subject to penalty as provided in Title 2, Chapter 16 of this Code.

The City has sole discretion in deciding whether to enforce violations of this title through civil or criminal means. The City may enforce the violation of any provision of this title criminally as provided in Title 7, Chapter 1 of this Code, or civilly through its Administrative Code Enforcement program as provided in Title 2, Chapter 16. The city may use any of the remedies available under the law in both civil and criminal prosecution of violations of this title.

Any ongoing violation of the provisions of this title shall be considered a separate offense for each and every day during which any portion of any violation of this title is committed or continued by such person and shall be punishable as herein provided.

1. Policy Considerations: There is an underlying policy in the city strongly favoring the careful consideration of matters involving Constitutional Taking claims, in fairness to the owner of private property bringing the claim and in view of the uncertainty and expense involved in defending lawsuits alleging such issues. At the same time, the legitimate role of government in lawfully regulating real property must be preserved and the public's right to require the dedication or exaction of property consistent with the Constitution. Consistent with this policy, it is desired that a procedure be established for the review of actions that may involve the issue of a Constitutional Taking. These provisions are to assist governments in considering decisions that may involve Constitutional Takings. It is intended that a procedure for such a review be provided, as well as guidelines for such considerations. This ordinance is further intended and shall be construed to objectively and fairly review claims by citizens that a specific government action should require payment of just compensation, yet preserve the ability of the city to lawfully regulate real property and fulfill its other duties and functions.
2. Definitions:
   1. "Constitutional Taking" means actions by the city involving the physical taking or exaction of private real property that might require compensation to a private real property owner because of:
      1. The Fifth or Fourteenth Amendment to the Constitution of the United States;
      2. Article I, Section 22, of the Utah Constitution;
      3. Any court ruling governing the physical taking or exaction of private real property by a government entity;
   2. Actions by the city involving the physical taking or exaction of private real property is not a Constitutional Taking if the physical taking or exaction:
      1. Bears an essential nexus to a;
      2. Legitimate governmental interest; and,
      3. Is roughly proportionate and reasonably related, on an individualized property basis, both in nature and extent, to the impact of the proposed development on the legitimate government interest.
3. Guidelines Advisory: The guidelines adopted and decisions rendered pursuant to the provisions of this section are advisory, and shall not be construed to expand or limit the scope of the city's liability for a Constitutional Taking. The reviewing body or person, shall not be required to make any determination under this ordinance except pursuant to paragraph (4) below.
4. Review Of Decision: Any owner of private real property who claims there has been a Constitutional Taking of their private real property shall request a review of a final decision of any officer, employee, board, commission, or council. The following are specific procedures established for such a review:
   1. The person requesting a review must have obtained a final and authoritative determination, internally, within the city, relative to the decision from which they are requesting review.
   2. Within thirty (30) days from the date of the final decision that gave rise to the concern that a Constitutional Taking has occurred, the person requesting the review shall file in writing, in the office of the City Recorder, a request for review of that decision. A copy shall also be filed with the City Attorney.
   3. The city or an individual, or body designated by the City Council shall immediately set a time to review the decision that gave rise to the Constitutional Takings claim.
   4. In addition to the written request for review, the applicant must submit, prior to the date of the review, the following:
      1. Name of the applicant requesting review;
      2. Name and business address of current owner of the property, form of ownership, whether sole proprietorship, for-profit or not-for-profit corporation, partnership, joint venture or other, and if owned by a corporation, partnership, or joint venture, name and address of all principal shareholders or partners;
      3. A detailed description of the grounds for the claim that there has been a Constitutional Taking;
      4. A detailed description of the property taken;
      5. Evidence and documentation as to the value of the property taken, including the date and cost at the date the property was acquired. This should include any evidence of the value of that same property before and after the alleged Constitutional Taking, the name of the property from whom purchased, including the relationship, if any, between the person requesting a review and the party from whom the property was acquired;
      6. Nature of the protectable interest claimed to be affected, such as, but not limited to, fee simple ownership, leasehold interest;
      7. Terms (including sale price) of any previous purchase or sale of a full or partial interest in the property in the three years prior to the date of application;
      8. All appraisals of the property prepared for any purpose, including financing, offering for sale, or ad valorem taxation, within the three years prior to the date of application;
      9. The assessed value of and ad valorem taxes on the property for the previous three years;
      10. All information concerning current mortgages or other loans secured by the property, including name of the mortgagee or lender, current interest rate, remaining loan balance and term of the loan and other significant provisions, including but not limited to, right of purchasers to assume the loan;
      11. All listings of the property for sale or rent, price asked and offers received, if any, within the previous three years;
      12. All studies commissioned by the petitioner or agents of the petitioner within the previous three years concerning the feasibility of development or utilization of the property;
      13. For income producing property, itemized income and expense statements from the property for the previous three years;
      14. Information from a title policy or other source showing all recorded liens or encumbrances affecting the property; and
      15. The City Council or their designee may request additional information reasonably necessary, in their opinion, to arrive at a conclusion concerning whether there has been a Constitutional Taking.
   5. An application shall not be deemed to be "complete" or "submitted" until the reviewing body/official certifies to the applicant, that all the materials and information required above, have been received by the City. The reviewing body/official shall promptly notify the applicant of any incomplete application.
   6. The City Council or an individual or body designated by them, shall hear all the evidence related to and submitted by the applicant, City, or any other interested party.
   7. A final decision on the review shall be rendered within fourteen (14) days from the date the complete application for review has been received by the City Recorder. The decision of the City Council regarding the results of the review shall be given in writing to the applicant and the officer, employee, board, commission or council that rendered the final decision that gave rise to the Constitutional Takings claim.
   8. If the City Council fails to hear and decide the review within fourteen (14) days, the decision appealed from shall be presumed to be approved.
5. Reviewing Guidelines: The City Council shall review the facts and information presented by the applicant to determine whether or not the action by the City constitutes a Constitutional Taking as defined in this chapter. In doing so, they shall consider:
   1. Whether the physical taking or exaction of the private real property bears an essential nexus to a legitimate governmental interest.
   2. Whether a legitimate governmental interest exists for the action taken by the City.
   3. Is the property and exaction taken, roughly proportionate and reasonably related, on an individual property basis, both in nature and extent, to the impact caused by the activities that are the subject of the decision being reviewed.
6. Results Of Review: After completing the review, the reviewing person/body shall make a determination regarding the above issued and where determined to be necessary and appropriate, shall make a recommendation to the officer, employee, board, commission or council that made the decision that gave rise to the Constitutional Takings claim.
7. Severability: The paragraphs, sentences, clauses, and phrases, of this chapter are severable, and if any of the foregoing shall be declared unconstitutional or invalid by any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining provisions contained in this ordinance, since the same would have been enacted by the Clinton City Council without the incorporation in this chapter of any such unconstitutional or invalid provisions.

History: 9/95

1. Acquisition And Disposition Of Real Property: The Clinton City Council may purchase, receive, hold, sell, lease, convey, and dispose of real property for the benefit of the City, whether the property is within or without the City’s corporate boundaries.
2. Disposition Of A Significant Parcel Of Real Property:
   1. Before the City Council disposes of a significant parcel of real property, the Council shall:
      1. Provide reasonable notice of the proposed disposition at least 14 days before the opportunity for public comment thereon; and,
      2. Allow opportunity for public comment on the proposed disposition.
   2. All real property, which was acquired without the intent to further convey it, constitutes a significant parcel of real property for purposes of this Section. Land acquired with the intent to further convey it, such as land in excess of the portion needed for City uses or land acquired for economic development or redevelopment purposes, is not a significant parcel of real property.
   3. A meeting of the City Council constitutes the opportunity for public comment for purposes of this Section.
   4. Posting notice in at least three (3) public places within the City and/or publishing notice in a newspaper of general circulation in the city constitutes reasonable notice for purposes of this Section.
3. Methods Of Disposal: Any sale of real property shall be by sealed bid or public auction, except as otherwise approved by the Council after determining that alternative action is in the best interest of the City. Notice of the sale or auction shall be given by publication in a newspaper of general circulation in the City at least fourteen (14) days prior to the opening of bids or the date of the auction.

History: 4/04