This title shall be known as the ZONING ORDINANCE OF SANTA CLARA, UTAH, and may be so cited and pleaded. (Ord. 2023-05 § 1: Ord. 97-06 § 1-1)

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 the city of Santa Clara, Utah, including, among other things, the lessening of congestion in the streets and roads, securing safety from fire 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 protecting both residential and nonresidential development. (Ord. 2023-05 § 1: Ord. 97-06 § 1-2)

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. (Ord. 2023-05 § 1: Ord. 97-06 § 1-3)

   A.   Interpretation of Zoning Ordinance. Any use of land that is not plainly designated as a permitted use or conditional use shall be reviewed and decided on by the City Council following a recommendation by the planning commission.

   B.   Land Use Decision Required. No development may commence, or land use changed or expanded, without a final Land Use Decision, which determines that the development, or the change or expansion, is allowed in the zone and complies with all Land Use Regulations.

   C.   Water Acknowledgment Required. All new Land Use Applications must submit with the application, an acknowledgment signed by both the applicant/developer and the owner(s) of all real property which are part of the application that:

      1.   The applicant is responsible for ensuring that the Project or application has sufficient culinary water service, and;

      2.   Approval of any development application by the city does not guarantee that sufficient water will be available to serve the zone, project, or permit for which the application is submitted. (Ord. 2023-05 § 1)

This title shall not nullify the more restrictive provisions of covenants, agreements, or other ordinances of laws, but shall prevail notwithstanding such provisions which are less restrictive. (Ord. 2023-05 § 1: Ord. 2004-19 § 1: Ord. 97-06 § 1-4)

The existing ordinances covering zoning, in their entirety, and including the maps heretofore adopted and made a part of said ordinance are hereby superseded and amended to read as set forth herein. (Ord. 2023-05 § 1: Ord. 97-06 § 1-5)

The construction, alteration, repair, removal or moving 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 city. In addition to buildings or structures, other improvements on any lot such as fences, pools, tennis courts, etc., shall be constructed only after receiving a written permit from the city.

All building permits shall be issued in accordance with the general plan of the city of Santa Clara, the road master plan, the standards, and regulations approved by the city, and all boards, commissions, agencies, and officials of the city, and all other applicable ordinances of the city of Santa Clara.

Every permit issued under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permits is not commenced within one hundred eighty (180) days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days. Before such work can be recommenced, a new permit shall first be obtained to do so, and the fee thereafter shall be one-half (½) the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one year. To renew action on a permit one year after original application, the permittee shall pay a new full permit fee. (Ord. 2023-05 § 1: Ord. 2004-19 § 1: Ord. 97-06 § 1-6)

No land shall be used or occupied, and no building hereinafter structurally altered or erected shall be changed in use, until a final inspection shall have been completed, and a certificate of occupancy shall have been issued by the city, stating that the building or the proposed use thereof, or the use of the land, complies with the provisions of this title for the renewing, changing, or extending of a nonconforming use.

Such a permit shall also be issued whenever the character or use of any building or land is proposed to be changed from one use to another use. (Ord. 2023-05 § 1: Ord. 97-06 § 1-7)

A detailed site plan, drawn to scale, shall be filed as a part of any application prior to consideration for any building permit. The site plan shall show, where pertinent:

   A.   Scale used and direction or north point;

   B.   Lot lines, adjacent streets, or right of way, and easements;

   C.   Location of all existing structures on the property, including driveway entrances, utility poles, etc.;

   D.   Location of the proposed construction and improvements, including setbacks, location, dimensions of signs, garbage receptacles in commercial areas, etc.;

   E.   Motor vehicle access, including individual parking stalls, circulation patterns, curb and gutter and sidewalk locations, etc.;

   F.   Any necessary explanatory notes;

   G.   Name, address, and telephone number of building contractor, and owner;

   H.   All other information that may be determined by the city.

   I.   A plot plan to include the floor elevation(s) of the building in relation to the elevation of the sidewalk and/or curb in front of the proposed building. (Ord. 2023-05 § 1: Ord. 2004-19 § 1: Ord. 97-06 § 1-8)

The city is authorized to inspect or to cause to be inspected all buildings and structures during construction, modification, moving, or repair, and to inspect land uses to determine compliance with the provisions of the zoning ordinance, the international building code, and the subdivision ordinance. The city, including any authorized employee of the city, shall have the right to enter any building premises for the purpose of determining the use thereof, or to enter the premises for the purpose of determining compliance with the provisions of this title; provided that such right of entry shall be exercised only at reasonable hours and that in no case shall entry be made to any occupied building in the absence of the owner or tenant thereof, without written permission of the owner, or the written order of a court of competent jurisdiction. (Ord. 2023-05 § 1: Ord. 2004-19 § 1: Ord. 97-06 § 1-9)

From the time of the effective date hereof, the city shall not grant a permit for the construction or alteration of any building or structure, on any lot, or the moving of or structure onto a lot, if such building or structure would be in violation of any of the provisions of this title nor shall the city grant a permit or license for the use of any building or land if such use would be in violation of this title. Any permit so issued shall be null and void.

The city shall certify that all building permits conform to the zoning ordinance, subdivision ordinance or other city ordinances. (Ord. 2023-05 § 1: Ord. 97-06 § 1-10)

Any building or structure erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this title, and any use of land, building premises established, conducted, or maintained contrary to the provisions of this title, shall be, and the same is, declared to be unlawful and a public nuisance. The city attorney shall, upon request of the city council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the matter provided by law and shall take other steps and relief as well as abate and remove such building or structure or use of property contrary to the provisions of this title. The remedies provided herein shall be cumulative and not exclusive. (Ord. 2023-05 § 1: Ord. 97-06 § 1-11)

The city, including any authorized officer of the city, is designated, and authorized with the enforcement of this title. The city council may entrust such administration, in whole or in part, to any officer of the city without amendment to this title. (Ord. 2023-05 § 1: Ord. 97-06 § 1-12)

   A.   Purpose: To enforce compliance with the international building code, the zoning and subdivision ordinances, and all other ordinances dealing with building and land use in the city of Santa Clara. The building official, or other city representative, may issue a “stop work order” and may record, or cause to be recorded, a notice of noncompliance to be filed with the county recorder’s office against the property where the violation has been committed.

   B.   Permanent File: Prior to notice and processing of the certificate of noncompliance with the county, a permanent file will be developed which will include:

      1.   A statement of the failure to comply with the building regulations.

      2.   Attempts to obtain compliance.

      3.   A corrections list to bring the construction into compliance.

      4.   Copies of all attempts to contact the permit holder/owner.

      5.   A review of the file to determine the proper course of action.

   C.   First Notice: The builder/owner shall be notified in writing of the failure to comply with the building regulations. The owner/builder will be given ten (10) to thirty (30) days to comply, depending upon the circumstances. If the matter is one of public safety immediate compliance will be required.

   D.   Second Notice: If the owner/builder fails to comply with the first notice, the building official will prepare a second notice. The second notice shall be mailed by certified mail to the owner who will be given ten (10) days to comply. The second notice will contain a copy of the certificate of noncompliance that will be recorded against the property at the county recorder’s office if the owner/builder fails to comply with the building violations.

      1.   If the owner fails to comply with the second notice within the required period, or if the notice is returned as being undeliverable at the owner/builder’s last known address, the certificate of noncompliance will be recorded. Any returned mail will be kept in the file as evidence of an attempt to serve notice at the last known address.

      2.   No work may be done on the property until the noncompliance notice has been released and a new building permit has been issued.

      3.   To release the certificate, a new building permit shall be obtained, and the plans will be reviewed according to the building regulations currently in place. If issued within one year, the permit fee shall be one-half (½) of a regular permit. If more than one year has expired, the permit fee will be the complete amount of a new building permit.

      4.   After the construction work shall have been completed and approved, the city will record a notice to remove the certificate of noncompliance with the county recorder, and a copy of the release notice will be mailed to the owner/builder.

      5.   If all other efforts to correct the violation fail, the city may commence steps to have the building removed as a public nuisance. (Ord. 2023-05 § 1: Ord. 2013-05)

It shall be the duty of all contractors, subcontractors, builders, and other persons having to do with the establishment of any use of land, or the erection, altering, changing, or remodeling of any building or structure to see that a proper permit has been granted before such work is begun. Any such person doing or performing any such work without a permit having been issued conflicts with the requirements of this title and shall be deemed to be guilty of a violation of this title in the same manner and to the same extent that the owner of the premises or the persons for whom the use is established, and shall be subject to the penalties, prescribed for violation in this chapter. (Ord. 2023-05 § 1: Ord. 2004-19 § 1: Ord. 97-06 § 1-13)

Any firm, corporation, person or persons, or any action on behalf of such person, persons, firms, or corporations, violating any of the provisions of this title shall be guilty of a class B misdemeanor, or lesser offense at the discretion of the city.

Each person, persons, firm, or corporation found guilty of violation shall be deemed guilty of a separate offense for every day during which any violation of any provision of this title is committed, continued, or permitted by such person, persons, firm, or corporation and shall be punishable as provided in this title. (Ord. 2023-05 § 1: Ord. 97-06 § 1-14)

This title, including the zoning map, may be amended from time to time by the city council. All proposed amendments shall be recommended by the planning commission and shall be heard by the planning commission at a public hearing with an advertised ten (10) day public notice prior to the public hearing. In addition, the subject property shall be posted with a posting notice that can be seen by passersby during the advertising period, and property owners owning property within three hundred feet (300'), as measured by public street, shall receive a first-class mail notification of the upcoming public hearing with notice of the date, time, and place of the advertised public hearing mailed at least five (5) working days prior to the public hearing. The applicant shall provide the city with first class addressed and stamped envelopes of all such property owners.

The city council, as an agenda item at a regularly scheduled council meeting shall consider the recommendation of the planning commission and may either approve the planning commission recommendation and approve the zone change, reject the zone change, table the zone change request for further study and consideration, or send the zone change request back to the planning commission for further study and recommendation for consideration by the city council at a later city council meeting. (Ord. 2023-05 § 1: Ord. 2012-19)

Where any ordinance, resolution, or part thereof, is found to conflict with the provisions of this title, the most restrictive provision shall apply. (Ord. 2023-05 § 1: Ord. 97-06 § 1-16)

Fees may be charged to applicants for building, occupancy and conditional use permits, design review and planned unit development approval, land use authority hearings, and such other services as are required by this title to be performed by public representatives or agencies. Such fees shall be established and amended from time to time by the city council and shall be in amounts reasonably necessary to defray costs to the public. (Ord. 2023-05 § 1: Ord. 2006-02: Ord. 2004-19 § 1: Ord. 97-06 § 1-17)

All departments, officials, and public employees of the city of Santa Clara who are vested with authority to issue the permits or licenses provided for herein shall conform to the provisions of this title and shall issue no permit or license for uses, buildings, or purposes where the same would conflict with any provision of this title. Any permit or license issued that conflicts with any part of this title, or any other ordinance of the city of Santa Clara, shall be null and void. (Ord. 2023-05 § 1: Ord. 97-06 § 1-18)

New areas to be annexed to the city shall be classified in the open space (OS) zone until such classification shall have been changed by an amendment to the zoning ordinance as provided by law.

Notwithstanding the above requirement, the planning commission shall have authority to prezone properties lying outside of the city limits to determine, in advance of the annexation, the zone or zones into which the property should be zoned upon annexation. Upon the recommendation of the planning commission, and subject to approval of the city council, such areas may come into the city in other zoning classifications than outlined in the previous paragraph.

All annexations to the city shall comply with all laws and requirements of the city and to all laws and requirements of Washington County and the state of Utah, relative to the annexation of land. (Ord. 2023-05 § 1: Ord. 2010-06: Ord. 2004-19 § 1: Ord. 97-06 § 1-19)

Required site improvements such as pavement for parking areas, curb and gutter, privacy walls, landscaping, storm drainage facilities, utilities, and all other improvements required under city ordinance, shall be completed prior to the issuance of a certificate of occupancy. If such improvements cannot be completed prior to receiving a certificate of occupancy, due to weather conditions, or other unusual circumstances, or at the decision of the city, a guarantee in the form of a cashier’s check, cash bond, letter of credit or other means acceptable to the city, shall be provided to the city’s guarantee that such required improvement will be fully completed as required. (Ord. 2023-05 § 1: Ord. 2004-19 § 1: Ord. 97-06 § 1-20)

In the event that a petition for a zone change or an ordinance amendment is denied by the city council, or is withdrawn after the planning commission hearing, the planning commission shall not consider the petition, or any other petition for the same zone change or amendment of this title as it applies to the same property described in the original petition, or any part thereof, within a period of one year from the date of such denial action, unless the conditions upon which the original denial was based have substantially changed.

For this section, a “substantial change” in a request shall mean a substantial reduction in density, and/or land area involved, a change in the proposed use, such as residential rather than commercial, or other factors which, in the opinion of the planning commission, clearly constitute a significant change in a zone change request. (Ord. 2023-05 § 1: Ord. 97-06 § 1-22)

   A.   Vesting:

      1.   Process. A completed Land Use Application shall be entitled to substantive review and process under the Land Use Regulations in effect at the time the application is complete. A Completed Application requires that all information necessary for a final decision has been provided to the Land Use Authority and all fees have been paid.

      2.   Uses and Density. A Land Use Application shall not be considered formally approved or vested in that approval until the Land Use Authority has approved the final site plan, final Construction Drawings, or Final Plat

   B.    Expiration: Recognizing that the length of the planning, building, and engineering review process will vary with the size and complexity of each proposal, applicants must move their applications either to approval or denial in a reasonably expeditious manner. The city may formally close applications which remain inactive for one (1) year or longer due to acts or omissions of the applicant.

      1.   An application is deemed inactive and subject to closure based on inactivity if, through the act or omission of the applicant and not the city, one of the following occurs:

         a.   More than one (1) year has passed since the last substantive contact between staff and the applicant. Sporadic non-substantive contact shall not be sufficient to move an application forward or prevent closure.

         b.   More than one (1) year has passed since a request for additional information was made by staff, which request has:

            (1)   Not been complied with; or

            (2)   Was incomplete or insufficient.

         c.   The applicant is more than thirty (30) days in default of the payment of any fee assessed or required by ordinance.

         d.   The applicant has informed the city of intent to abandon the application.

      2.   When the designated planning, building, or engineering staff member determines an application is inactive, the application file may be closed.

         a.   No application may be closed based on inaction without giving thirty (30) calendar days’ written notice to the applicant. Written notice may be delivered in person, by mail or by email. Such notice must state the intent of the respective department to have the Project closed because of inaction and what the applicant must submit in a timely manner to maintain an active file.

         b.   Applicants who fail to provide a full and complete response shall not prevent closure if the requested information or submissions are insufficient, untimely, or incomplete. (Ord. 2023-05 § 1)