Santa Clara City Zoning Code
TITLE 17
ZONING
CHAPTER 17.72 CPD COMMERCIAL PLANNED DEVELOPMENT ZONE
(Rep. by Ord. 2004-36)
17.04.010: SHORT TITLE:
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)
17.04.020: PURPOSE:
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)
17.04.030: INTERPRETATION:
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)
1704.035: LAND USE DECISION AND WATER ACKNOWLEDGMENT REQUIRED:
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)
17.04.040: CONFLICT:
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)
17.04.050: EFFECT ON PREVIOUS ORDINANCES AND MAPS:
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)
17.04.060: BUILDING PERMIT REQUIRED:
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)
17.04.070: OCCUPANCY PERMIT REQUIRED:
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)
17.04.080: SITE PLAN REQUIRED:
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)
17.04.090: INSPECTION:
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)
17.04.100: PERMITS TO COMPLY WITH THIS TITLE:
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)
17.04.110: NUISANCE AND ABATEMENT:
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)
17.04.120: ENFORCEMENT:
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)
17.04.125: NOTICE OF NONCOMPLIANCE:
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)
17.04.130: RESPONSIBILITY FOR VIOLATIONS:
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)
17.04.140: PENALTIES:
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)
17.04.150: CHANGES AND AMENDMENTS:
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)
17.04.160: CONFLICTING PROVISIONS REPEALED:
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)
17.04.170: FEES:
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)
17.04.180: LICENSING:
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)
17.04.190: ANNEXATIONS:
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)
17.04.200: COMPLETION OF IMPROVEMENTS:
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)
17.04.210: DENIED AMENDMENTS; RECONSIDERATION:
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)
17.04.220: VESTING AND EXPIRATION:
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)
17.08.010: TERMS DEFINED:
For the purpose of this title, certain words and terms are defined as follows:
Words used in the present tense include the future. Words in the singular number include the plural, and the plural the singular. Words not included herein but defined in the building code shall be construed as defined therein.
Some definitions are included for reference purposes and may not be permitted in any current zone found in the Santa Clara City zoning ordinance.
ACCESSORY BUILDING: A structure on the same lot with a main structure but incidental and subordinate to the use thereof. There must first be a "main" building on the lot before a permit can be issued for any other building to be "accessory".
AGRICULTURE: Land devoted to the raising of useful plants and animals with a reasonable expectation of profit, including forage and sod crops, grain and feed crops, nut and fruit crops, vegetables, nursery, floral and ornamental stock, livestock animals including domestic animals, poultry and honeybees. Agricultural land also includes land devoted to and meeting the requirements and qualifications for payments or other compensation under a cropland retirement program with an agency of the state or federal government.
A. Does not permit residential dwellings in an agriculture zone.
B. Not currently zoned anywhere in Santa Clara City.
ANIMAL NUMBERS: The number of animals does not include newborn animals under the age of six (6) months, or those animals that are dependent upon their mother for sustenance of life, whichever is greater, that were born by animals kept on the property in compliance with the numbers of animals allowed by this title.
ANIMAL SIZE: The categorizing of animals is based upon a classification of large, medium, or small animals. The determination may be made by size of animal, irrespective of genetic makeup at the discretion of the planning commission.
BARNS, COOPS, STABLES: A building for the keeping of livestock animals, or fowl, by the occupants of the premises. The above uses are not considered to be accessory buildings and do not require a prior permit for a primary structure. They must meet all setback and height requirements of the zone in which they are located, and any permit requirements of the international building code.
BASEMENT: A story partly underground. A basement shall be counted as a story for the purposes of height measurement if its height is one-half (1/2) or more above grade.
BOARDING HOUSE: A building with not more than five (5) guestrooms, where, for compensation, meals are provided for at least five (5) but not more than fifteen (15) persons.
BUILDING: Any structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals or property.
Building Height:
A. The vertical distance measured from the average natural grade of a building pad or approved finished grade of a building lot (whichever is applicable), to the highest point of the building or structure, including architectural features, chimneys, and rooftop mounted equipment.
Exception: Where there is a difference in finish grade on a lot or parcel, the building height shall be measured from the "average grade" height as measured between the "upper grade" and the "lower grade" with the following restrictions:
1. The maximum variation allowed between "upper grade" and "lower grade" is ten feet (10').
2. The highest point on a building or structure, as defined in the section, shall not exceed the maximum allowed height as measured from the "average grade."
B. In the event a building pad is substantially higher than the street grade (greater than 3' measured from top back of curb) the approved building pad elevation shall be established by the natural topography and approved by the Hillside Review Board prior to building permit issuance. In no case shall a building pad be artificially elevated to accomplish a favorable viewshed.
Main Building: The principal building or one of the principal buildings upon a lot, or the building of one of the principal uses upon a lot.
Public Building: A building owned and operated or owned and intended to be operated by a public agency of the United States of America, of the state of Utah, or any of its subdivisions.
CARPORT: A private garage not completely enclosed by walls or doors. For the purposes of this title, a carport shall be subject to all of the regulations prescribed for a private garage.
CHICKEN RUN: A fenced area, typically attached to a chicken coop where chickens can exercise, forage, and engage in natural behaviors.
CHILD NURSERY: An establishment for the care and/or instruction, whether or not for compensation, of six (6) or more children other than members of the family residing on the premises.
CONDITIONAL USE: A use of land for which specific conditions or approval are required by the planning commission, prior to authorizing a permit therefor.
CONDOMINIUM OR TOWNHOUSE PROJECT: A development where there is ownership of a single unit in a multiple-family development, together with an undivided interest in the common area, and facilities, and such project meets all requirements of the condominium ownership act of the state of Utah and requirements of the city of Santa Clara.
COOPS: See definition of Barns, Coops, Stables.
CORRAL OR PEN: A space fenced and used for the confinement of animals. They must meet the setback requirements of the zone in which they are located. They are not considered to be an accessory use (see definition of Barns, Coops, Stables).
DAIRY: A commercial establishment for the manufacture and/or processing of dairy products.
A. Not currently zoned anywhere in Santa Clara City.
DISTRICT: A portion of the city shown on a map attached to the ordinance codified herein and given a district or zoning name.
DOMESTIC ANIMALS: Animals historically found on farms in Washington County. Domestic animals shall not include animals commonly found in zoos and animal preserves, and which animals are not historically endemic to the Washington County areas. Exception: Llamas may be considered as domestic animals, subject to planning commission approval, and limited to the number limitations of the zone in which they are located.
DWELLING: Any building, or portion thereof, which is designed and used for residential purposes and complies with the provisions of the international building code, except for the following: hotels, motels, boarding houses, bed and breakfast homes, travel trailers, recreation vehicles, or motor homes are not considered dwellings.
Multiple-Family Dwelling: A dwelling arranged or designed to be occupied by more than two (2) families.
Single-Family Dwelling: A building arranged or designed to be occupied by one family, the structure having only one dwelling unit.
Two-Family Dwelling: A building arranged or designed to be occupied by two (2) families, the structure having two (2) dwelling units.
DWELLING UNIT: One or more rooms in a dwelling, designed for, or occupied by, one family for living or sleeping purposes, and having kitchen facilities for the use of not more than one family.
EXOTIC ANIMALS: Animals not historically found on farms in the Washington County area. Exotic animals shall include animals commonly found in zoos and animal preserves, and which animals are not historically endemic to the Washington County area. For the purpose of determining the types of animals that may be allowed to be maintained in the various zones of the city of Santa Clara, the term "exotic animals" shall not include traditional household pets, including dogs, small domestic house cats, small caged birds, gerbils, guinea pigs, and similar traditional household pets, but not including biting or venomous snakes.
FAMILY: A. An individual, or two (2) or more persons related by blood, marriage, or adoption living together as a single housekeeping unit in a dwelling unit; or
B. A group of not more than four (4) persons, who need not be related by blood, marriage, or adoption, living together as a single housekeeping unit in dwelling unit. Persons related by blood, marriage, or adoption may not have more than three (3) additional persons living with them as a single housekeeping unit in a dwelling unit.
FENCE, SOLID: A fence of a material that is sight obscuring, and made of a solid material such as wood, vinyl, or masonry, but not including a chainlink fence with slats inserted into the chainlinks. Any questionable material shall be reviewed by the planning commission for determination.
FINANCIAL INSTITUTION: A depository institution such as a bank, brokerage firm, credit union, mortgage lender, or savings and loan. A Non-Depository Institution (see definition) is not included.
GRADE: Compare to sign height or building elevation.
A. For buildings adjoining one street only, the elevation of the sidewalk at the center of that wall adjoining the street;
B. For buildings adjoining more than one street, the average of the elevations of the sidewalks at the centers of all walls adjoining the street;
C. For buildings having no wall adjoining the street, the average level of the ground (finished surface) adjacent to the exterior walls of the building. All walls approximately parallel to and not more than five feet (5') from a street line are to be considered as adjoining a street.
HANDICAPPED PERSON: A person who has a severe chronic disability attributable to a mental or physical impairment or to a combination of mental and physical impairments, which results in a substantial functional limitation in three (3) or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, or economic self-sufficiency; and who requires a combination or sequence of special interdisciplinary or generic care, treatment, or other services that are individually planned and coordinated to allow the person to function in, and contribute to, a residential neighborhood.
HOME OCCUPATION: Any use conducted and carried out by persons residing in the dwelling unit, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes. It shall not cause a change in the character of the dwelling unit. The home occupation shall not change the character of any accessory buildings and shall not use any yard space outside of the main dwelling or accessory buildings. A home occupation shall have no outdoor advertising, except as permitted by this code, and will not generate such traffic as to become a public nuisance to the neighborhood.
A home occupation may be granted with a conditional use permit from the planning commission, but may be rescinded for cause if such use becomes a nuisance to the neighborhood.
HOUSEHOLD PETS: Animals or fowl ordinarily permitted in the house, and kept for personal use, but not for commercial purposes. Household pets do not include, "exotic animals", or "domestic animals" as defined herein, unless specifically approved by the planning commission.
JUNK: Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste of junked, dismantled or wrecked automobiles, or parts thereof, iron, steel, and other old scrap ferrous or nonferrous material.
JUNKYARD: Any place, establishment, or business maintained, used, or operated for storing, keeping, buying, or selling junk, or for the maintenance, or operation of an automobile graveyard, and the term includes garbage and sanitary fills.
KENNEL: Any premises where four (4) or more dogs older than four (4) months are kept.
A. Not currently zoned anywhere in Santa Clara City.
LIVESTOCK: A. Large animals: May include horses, and cattle, or other animals judged by the planning commission to be compatible with this category of animal, but not including pigs, or "exotic animals" as defined in this section.
B. Medium animals: Three (3) medium animals shall equal one large animal, and shall include goats, sheep or ponies which do not exceed thirty six inches (36") in height, measured from the withers, or other animals judged by the planning commission to be compatible with this category of livestock, but not including exotic animals or pigs.
C. Small animals: Include poultry, rabbits, or other small animals judged by the planning commission to be compatible with this category of animal. Small animals do not include exotic animals or pigs.
LIVESTOCK FEED YARD: A commercial operation on a parcel of land where livestock are kept in corrals, or pens, for extended periods of time, at a density which permits little movement, and where all feed is provided for the purpose of fattening or maintaining the condition of the livestock prior to their shipment to a stockyard for sale, etc.
A. Feed yards are not currently zoned anywhere in Santa Clara City.
LIVESTOCK PASTURE: A fenced land area devoted to the production of a grass product in which livestock may be kept in a loosely controlled environment as opposed to being kept in a barn, corral, or stable. No setback is required from any property line.
LOT: A parcel of land occupied or to be occupied by a main building, or group of buildings (main and accessory), together with such yards, open spaces, lot width and lot area, as are required by this title, and having frontage upon a dedicated and improved city street.
LOT, CORNER: A lot having frontage on two (2) or more improved and dedicated city streets.
MANUFACTURED HOME: A transportable factory built housing unit constructed on or after June 15, 1976, according to the federal home construction and safety standards act of 1974 (HUD code), in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width, or forty (40) body feet or more in length, or, when erected on site, is four hundred (400) or more square feet in size, and which is built upon a permanent foundation when connected to required utilities, and includes the plumbing, heating, air conditioning, and electrical systems.
NATURAL WATERWAYS: Those areas, varying in width, along streams, creeks, springs, gullies, or washes, which are natural drainage channels, as determined by the city, and in which areas no buildings shall be constructed.
NONCONFORMING BUILDING OR STRUCTURE: A building or structure, or a portion thereof, lawfully existing at the time the ordinance codified herein became effective, which does not conform to all regulations herein prescribed for the zone in which it is located.
NONCONFORMING USE: A use which lawfully occupied a building or land at the time the ordinance codified herein became effective, and which does not conform to the use regulations of the zone in which it is located. Also including land which was used prior to the time the ordinance codified herein became effective, and which use does not conform with the use regulations of the zone in which it is now located. Any nonconforming use that is abandoned or not used for a period exceeding one year may no longer be used or recognized as a nonconforming use, and must be made to comply with the requirements of the zone in which such use is, or was located.
NON-DEPOSITORY INSTITUTION: A financial business, other than a depository institution, that is registered by the state of Utah pursuant to the Check Cashing Registration Act, the Title Lending Registration Act, or any successor statutes. Non-depository institutions include specifically:
A. Check cashing business. A person or business that for compensation engages, in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. “Check cashing business” excludes (1) a state or federally charted bank, savings association, credit union, industrial loan company or other depository institution, and (2) a retail seller engaged primarily in the business of selling goods (including consumables) to retail buyers that also cashes checks for or issues money orders to its customers, provided that such services are clearly incidental to its main purpose or business and that the fees charged for such services do not exceed 1% of the amount of the check or money order or otherwise de minimus.
B. Deferred deposit lender. A person or business that conducts transactions where a customer presents to a check casher a check written on the customer’s account or provides written or electronic authorization to a check casher to effect a debit to the customer’s account, whereupon the check casher (1) advances the customer an amount of money that is equal to the face value of the check or debit, less any fee or interest charged for the transaction, and (2) agrees to defer processing the check or debit until a specific future date.
C. Payday loan business. An establishment providing short-term loans to individuals in exchange for personal checks or assignment of wages as collateral.
D. Title loan business. An establishment providing short-term loans to individuals in exchange for the title of a motor vehicle, mobile home or motorboat as collateral.
NURSING HOME: An institution providing residence and care for the aged or infirm.
PARKING LOT: A surfaced area other than a street used for the parking of vehicles.
PARKING SPACE: The space within a building or parking lot for the parking of one motorized vehicle.
PENS: See definition of Corral Or Pen.
PLANNED DEVELOPMENT: A development, residential or commercial, in which the regulations of the zone in which the use is situated are modified to allow flexibility and initiative in site and building design and location, in accordance with an approved plan.
SETBACK: The required portion of a yard over which no portion of a building or structure shall encroach unless otherwise permitted in this title. Setback distance shall be measured from the property line of each yard.
SITE DEVELOPMENT STANDARDS: Established regulations concerning lot areas, yard setbacks, building height, lot coverage, open green space, and any other special regulations deemed necessary to accomplish the purpose of this title.
STABLES: See definition of Barns, Coops, Stables.
STORY: The space within a building included between the surface of any floor and the surface of the ceiling of the next floor above.
STORY, HALF: A story with at least two (2) of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds (2/3) of the floor immediately below it.
STREET: A public thoroughfare which affords principal means of access to abutting property and is dedicated and improved to city standards.
STREET, PRIVATE: A right of way, or easement in private ownership, at least twenty five feet (25') wide, not dedicated or accepted as a public street, which affords the principal means of access to one or more sites.
STRUCTURAL ALTERATIONS: Any change in supporting members of a building, such as bearing walls, columns, beams, or girders.
STRUCTURE: Anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground.
USE, ACCESSORY: A subordinate use customarily incidental to and located upon the same lot occupied by a main use.
WIDTH OF LOT: The distance between the side lot lines at the distance back from the front lot line required for the front yard setback.
YARD, FRONT: A space on the same lot with a building between the front line of the building and the front lot line, and extending across the full width of the lot.
YARD, REAR: A space on the same lot with a building between the rear line of the building and the rear line of the lot and extending across the full width of the lot.
YARD, SIDE: A space on the same lot with a building between the side line of the building and the side line of the lot and extending from the front yard line to the rear yard line.
ZONE: The area or district within which the regulations of this title are uniform.
(Ord. 2025-09 § 1: Ord. 2025-07: Ord. 2023-17 § 1: Ord. 2009-12 § 1: Ord. 2008-10 § 1: Ord. 2007-01 § 2: Ord. 2004-20 § 1: Ord. 99-16 § 2: Ord. 97-06 ch. 21)
17.10.010: PURPOSE AND INTENT:
It is the purpose of this chapter to provide for the enforcement of this title which shall include penalties for criminal and civil violations. (Ord. 2002-24 § 2)
17.10.020: APPLICABILITY:
The provisions established herein shall apply to all lands within the civil jurisdiction of Santa Clara City, Utah. Where there is conflict between the terms and/or requirements contained in this section and any other section contained in this chapter, as amended, or any other ordinance, code, regulation of Santa Clara City, Utah, the more strict shall apply. (Ord. 2002-24 § 2)
17.10.030: ENFORCING OFFICER:
The building official shall have the authority and the duty to ensure that all buildings and structures and use of all land complies with the provisions of this title. (Ord. 2002-24 § 2)
17.10.040: GENERAL PROVISIONS:
A. Any building or structure erected contrary to any of the provisions of this chapter and any use of any building or land which is conducted, operated or maintained contrary to any of the provisions of this chapter or the provisions of any approval granted by the city under this chapter shall be a violation of this chapter and the same declared to be unlawful.
B. Any person, whether owner, lessee, principal, agent, employee or otherwise, who violates any of the provisions of this chapter, or permits any such violation, or fails to comply with any of the requirements hereof, or who erects any building or structure or uses any building, structure or land in violation of the provisions of this chapter or provisions of any approval granted by the city under this chapter shall be subject to the enforcement provisions of this chapter.
C. In addition to the remedies provided in this chapter, the building official may initiate injunction, mandamus, abatement or any other appropriate action to prevent, enjoin, abate or remove any unlawful building, structure or use.
D. If the person responsible for the alleged violation denies that a violation exists, he may appeal the decision of the building official pursuant to the provisions of chapter 17.16, "Land Use Authority", of this title.
E. Whenever a violation occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the cause and basis thereof shall be filed with the building official. The building official shall record such complaint, investigate, and take action thereon as provided by this chapter. (Ord. 2006-02: Ord. 2002-24 § 2)
17.10.050: DISPOSAL OF VIOLATIONS:
If the building official concludes there exists an objectionable condition in violation of this title, than he or she shall:
A. Ascertain the names of the owners and occupants and descriptions of the premises where such objects and conditions exist;
B. Serve notice in writing upon the owner and occupant of the premises, either personally or by mailing notice, postage prepaid, addressed to the owner and occupant at their last known post office addresses as disclosed by the records of the county assessor or as otherwise ascertained, requiring such owner or occupant, or both, as the case may be, to eradicate or destroy and remove the same within such time as the inspector may designate, provided that any person notified pursuant to this subsection shall be given not more than thirty (30) days, as determined by the inspector following the date of service of such notice, to correct the objectionable condition or make an appeal with the city's land use authority. The notice shall:
1. Contain a specific statement of the nature of the violation and generally describe the premises on which the violation exists.
2. Inform the owner, occupant or other person that in the event he or she disagrees with the determination of the inspector and does not comply with the provisions of the notice or that he or she objects to the factual or legal basis for the notice, he or she may appeal the administrative finding to the land use authority per the requirements found in chapter 17.16, "Land Use Authority", of this title.
3. Inform the person that in the event he or she lulls or neglects to correct the objectionable condition, the building official will issue a citation per section 17.04.140 of this title and chapter 1.16 of this code.
C. In the event the owner or occupant makes such request for an appeal or to the expiration of the time allowed to mitigate the noted infraction on the notice served, the appeal stays all proceedings in furtherance of the action appealed from as noted in section 17.16.040 of this title. (Ord. 2006-02: Ord. 2002-24 § 2)
17.12.010: CREATION OF PLANNING COMMISSION; TERMS; NUMBERS:
The Santa Clara Planning Commission shall consist of seven (7) members each to be appointed by the mayor with the advice and consent of the City Council. It is not the intent of this chapter that all the members come from the same field of expertise but shall reflect a variety of backgrounds. The members shall reside in Santa Clara City. (Ord. 2007-16 § 1: Ord. 2004-21 § 1: Ord. 2000-08 § 1: Ord. 99-29 § 1: Ord. 98-26 § 2: Ord. 97-06 § 2-1: Ord. 2022-06)
17.12.020: TERMS OF OFFICE:
The terms of office for the Planning Commission shall be for five (5) years and members shall not serve more than two (2) consecutive five (5) year terms. The terms of the members shall be staggered so that no more than two (2) terms shall expire at the same time. (Ord. 2009-13 § 1: Ord. 2022-06)
17.12.030: REMOVAL AND VACANCY:
Any member of the Planning Commission may be removed from office by the Mayor for any reason with the advice and consent of City Council. The City Council shall also have the right to remove any member of the Planning Commission for a failure to attend at least seventy-five percent (75%) of the Planning Commission’s scheduled meetings during any twelve (12) month period. Vacancies of appointed members for purposes other than the expiration of a regular term shall be filled for the remainder of the unexpired term by appointment of the mayor with the consent of the City Council. (Ord. 2007-16 § 1: Ord. 97-06 § 2-3: Ord. 2022-06)
17.12.040: COMPENSATION:
The members of the Planning Commission shall serve with compensation in an amount set by the City Council for meetings attended. Additionally, the City Council will allow for reimbursement of the members for actual expenses incurred, upon presentation of proper receipts and vouchers. (Ord. 2007-16 § 1: Ord. 97-06 § 2-4: Ord. 2022-06)
17.12.050: OFFICERS:
The Planning Commission shall elect a chair and vice-chair from among its members yearly. The election of the chair and vice-chair will occur during the first regularly scheduled Planning Commission meeting each year. (Ord. 2007-16 § 1: Ord. 2004-21 § 1: Ord. 2000-08 § 1: Ord. 99-29 § 1: Ord. 97-06 § 2-5: Ord. 2022-06)
17.12.060: RULES AND PROCEDURES:
The Planning Commission may adopt such rules and procedures as it may deem necessary for the proper conduct of its business. A record shall be kept of its proceedings, such record shall be open to inspection by the public during regular office hours. (Ord. 2007-16 § 1: Ord. 97-06 § 2-6: Ord. 2022-06)
17.12.070: QUORUM AND VOTE:
A quorum shall consist of four (4) members of the Planning Commission, including the chair or vice-chair. If the chair or vice-chair is not present, a temporary chair shall serve. No evidence shall be presented unless a quorum is present. The concurring vote of a majority of those present shall be required to carry and pass any motion. All members of the Planning Commission shall vote on all matters before the Planning Commission. (Ord. 2007-16 § 1: Ord. 2004-21 § 1: Ord. 2000-08 § 1: Ord. 99-29 § 1: Ord. 97-06 § 2-7: Ord. 2022-06)
17.12.080: EMPLOYEES; EXPENDITURES:
The Planning Commission may, upon approval of the City Council, employ staff, including consultants, and a secretary, and shall pay such expenses, as may be reasonable and necessary for the carrying out the duties defined in this title, that such expenditures may not exceed the amount appropriated for the operation of the Commission by the City Council. (Ord. 2007-16 § 1: Ord. 97-06 § 2-8: Ord. 2022-06)
17.12.090: POWERS AND DUTIES:
A. The Planning Commission shall act as the land use authority on the following land use applications and issues, except where an approval of the Santa Clara City Council is required by ordinance or state law:
1. Conditional Use Permits and such conditions as may be imposed on their approval under applicable law, except those specifically delegated to planning staff for approval.
2. Variances of any kind, except those specifically delegated to planning staff approval.
3. Interpretation of zoning maps and consideration of disputed questions of lot lines, district boundary lines, and similar questions as they arise in the administration of the land use ordinances, unless the same requires an action that requires final approval of the City Council.
4. Issues or applications otherwise delegated to the planning staff, when the planning staff determines that a public hearing should be held to ensure that citizens can comment on the application.
5. Issues delegated to the Planning Commission by the City Council which do not otherwise require final approval of the City Council.
B. The Planning Commission shall act as a reviewing and recommending body to the Santa Clara City Council on the following land use applications and issues:
1. General Plan adoption or General Plan Amendments.
2. Adoption of land use regulations or amendments thereto (except for temporary land use regulations).
3. Zoning Map Amendments, i.e., amending the zoning designation of a parcel or parcels under applicable land use regulations, including adopting a project plan for a parcel or parcels previously designated for planned development.
4. Subdivision Ordinance Amendments.
5. Subdivision reviews for new subdivisions, phases of subdivisions, preliminary and final plat approval, and amendments to existing subdivisions.
6. Determination regarding the existence, expansion, or modification of nonconforming uses.
7. Any other land use applications or issues which the Santa Clara City Council delegates to the Planning Commission for review, preparation, recommendation, or to receive public input at a public hearing, before a final decision is made by the City Council.
C. The Planning Commission is further empowered to hold all public hearings which may be required for any land use application under applicable local or state law, where such hearing is not required to be held by the City Council.
D. Except with respect to the land use applications and issues listed in subsection A of this section, the Planning Commission is a recommending body to the City Council. Final approval of all land use applications and issues except as listed in subsection A or otherwise delegated by ordinance to the planning staff is a City Council responsibility, and City Council approval is required before any such action becomes of record. (Ord. 2007-16 § 1: Ord. 2004-21 § 1: Ord. 97-06 § 2-9: Ord. 2022-06)
17.12.100: ENTRANCE UPON LAND:
The Planning Commission or its authorized agents may enter upon any land at reasonable times to make examinations and surveys which are reasonably required to fulfil its duties hereunder. (Ord. 2007-16 § 1: Ord. 97-06 § 2-10: Ord. 2022-06)
17.16.010: PURPOSE:
The purpose of this chapter is to establish by ordinance the Land Use Authority for decisions applying the land use ordinances, establish the Appeal Authority to hear and decide requests for variances from the terms of the land use ordinance, and to establish the Appeal Authority to hear and decide appeals from the decisions applying the land use ordinance. (Ord. 2006-02)
17.16.020: LAND USE AUTHORITY; DELEGATION OF DUTIES:
A. The planning staff shall be the Land Use Authority to hear and act on the following land use applications:
1. Conditional use permits for simple home occupations, and accessory dwelling units in the RA, R-1-10 and R-1-10/RA Zones.
2. Fences meeting all requirements of the land use ordinance.
3. Signs meeting all requirements of the land use ordinance.
4. Child nurseries with six (6) or less children.
5. Review and approval of minor variances:
a. Building setbacks and distances from lot lines or other buildings of one (1) foot or less.
b. Building heights.
c. Fence adjustments.
d. Other similar requests.
6. Lot line adjustments between two (2) property owners or one owner on two (2) lots where no hearings are required.
7. Those uses specifically delegated to the planning staff by the City Council.
B. The Planning Commission shall be the Land Use Authority to hear and act on the land use applications set forth in section 17.12.090 and as delegated to the Planning Commission by the City Council. (Ord. 2022-09: Ord. 2018-04: Ord. 2006-02)
17.16.030: PUBLIC HEARINGS:
A. Planning Staff: The planning staff shall make its decisions at regular staff meetings. No public hearing or public meeting will be held outside of regular staff meetings.
B. Planning Commission: All public hearings related to land use decisions shall be held by the Planning Commission. Notice for the public hearing must meet the requirements of Utah Code Annotated, 10-9a-205. Additional public meetings may be held as necessary to properly review and make decisions regarding a land use application or decisions. (Ord. 2022-09: Ord. 2006-02)
17.16.040: VARIANCES:
Any person or entity desiring a waiver or modification of the requirements of the land use ordinance as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest may apply to the planning staff or the Planning Commission, as designated in section 17.16.020 of this chapter, for a variance from the terms of the ordinance. The designated Land Use Authority may grant a variance if the requirements of Utah Code Annotated 10-9a-702 have been met. (Ord. 2022-09: Ord. 2006-02)
17.16.050: APPEALING A LAND USE AUTHORITY'S DECISION:
Any person adversely affected by the Land Use Authority’‘s decision in administering or interpreting a land use ordinance may appeal that decision. The appropriate appeal authority, according to the type of appeal, is set forth in this chapter and delineates this authority between legislative and administrative proceedings.
A. Legislative Appeal Authority: Appeals from land use decisions that are identified as legislative matters and subject to legislative proceedings are defined herein and shall only be appealed to the District Court pursuant to Utah Code section 10-9a-801. The following types of applications are legislative matters, subject to legislative proceedings:
1. General Plan amendment applications;
2. A land use ordinance amendment application, including zoning ordinances and subdivision ordinances amendment applications;
3. Zoning map amendment applications (rezones), including site-specific rezones;
4. An official map amendment application;
5. Temporary land use regulations;
6. Combined land use map and zoning map amendments; and
7. All other land use decisions or adoptions of or amendments to the land use ordinances by the City Council which are legislative in nature.
B. Administrative Appeal Authority: Pursuant to Utah Code Annotated section 10-9a-701, the City has appointed an Administrative Hearing Officer as the City’‘s Appeal Authority to hear appeals from decisions of the Land Use Authority on the following matters, which are recognized as being administrative in nature:
1. Variances from any land use decision or regulation;
2. Conditional Use Permits;
3. Building permits or applications;
4. Determinations regarding nonconforming uses and noncomplying structures;
5. Determinations of violations of the storm water ordinances and any civil fines or costs imposed;
6. Fees charged in accordance with Utah Code section 10-9a-510;
7. Decisions on all other applications for any necessary approval, permit, or license required by the provisions of this title and any other land use ordinances, not identified to be a legislative proceeding, as identified by this chapter; and,
8. Decisions on any other land use issues which are specifically delegated to another land use authority by the City Council. (Ord. 2022-09)
17.16.060: APPEALS FROM ADMINISTRATIVE LAND USE DECISIONS:
An administrative land use decision identified in section 17.16.050 B. may be appealed only in accordance with this section 17.16.060. Anyone appealing any such decision shall be deemed not to have exhausted his or her administrative appeals until the decision has been appealed and reviewed pursuant to this section.
A. Procedure, Time Limit: A notice of appeal of a request for variance or other land use decision must be commenced within ten (10) calendar days of the adverse order, requirement, decision or determination by filing a written notice of appeal with the Santa Clara Planning Manager at the Santa Clara City Building Department Office. If the tenth day falls on a weekend or holiday, it will be accepted on the next business day. The notice must indicate the decision appealed from, the grounds upon which the appeal is based, and identify the parties making the appeal. Any notice of appeal must include a list containing the names and addresses of adjoining property owners. Adjoining property owners include all owners of property within a five-hundred-foot (500') radius of the property affected by the appeal or request for variance as shown on the tax rolls of Washington County. The Santa Clara Planning Manager shall notify the appropriate Appeal Authority of the notice of appeal within seven (7) working days.
B. Fee: The filing of an appeal shall be accompanied by a fee established by the City Council, which amount shall be used to defray the cost of administering the appeal, including, but not limited to, costs of mailing and publishing notice.
C. Hearing To Be Scheduled; Notice: When a notice of appeal is filed, the Appeal Authority of the adverse order, requirement, decision or determination shall schedule a meeting for a hearing within fifteen (15) working days, unless such time is extended for good cause or stipulation of the parties. Notice of the time, place, and subject matter of the meeting shall be given to the person making the appeal, the Land Use Authority or official who issued the adverse order, requirement, decision or determination, and all parties in interest, including adjoining property owners within a five-hundred-foot (500') radius of the property affected by the request for variance or appeal. The Appeal Authority may require such written briefs or memorandum of the parties, as the Appeal Authority deems advisable. At the hearing, the appellant shall appear in person or by agent or attorney.
D. Stay Of Proceedings: The filing of a notice of appeal stays all proceedings in furtherance of the action appealed from, unless the City official, from whom the appeal is taken, after receiving notice of appeal, certifies in writing with specificity to the Appeal Authority the reasons why a stay would cause imminent peril to life or property. In such cases, the Appeal Authority may lift the stay, upon notice to the parties, with the opportunity to respond.
E. Burden Of Proof: At all times, the appellant has the burden of proving that the Land Use Authority's decision was in error.
F. Standard Of Review: The Appeal Authority shall review the matter de novo, without deference to the land use authority's determination of factual matters. The Appeal Authority shall determine the correctness of a decision of the Land Use Authority in its interpretation and application of a land use ordinance. Only those decisions in which a Land Use Authority has applied a land use ordinance to a particular application, person, or parcel may be appealed to the Appeal Authority.
G. Final Decision: The Appeal Authority will issue a decision in writing within fifteen (15) working days of the hearing, which constitutes a final decision under Utah Code Annotated 10-9a-801(1) and a final action under Utah Code Annotated subsection 10-9a-801(4).
H. Judicial Review Of Appeal Authority's Decision: No land use decision may be appealed directly to the district court. Before petitioning for district court review, a person must exhaust all remedies by appealing to the Appeal Authority in accordance with this section and receive a final decision issued by the appeal authority. The City, the applicant, and any person adversely affected by a final decision of the Appeal Authority may petition the District Court for review of the decision as permitted by law. Such a petition is barred unless filed within thirty (30) days after the Appeal Authority's decision is final.
I. Action Of Variance Withdrawal, No Refund: Unless otherwise specified by the Appeal Authority, any order or decision of the Appeal Authority authorizing a variance shall expire if the applicant fails to obtain a building permit within one year from the date of the decision. Any applicant may voluntarily withdraw the appeal or variance request at any time prior to a decision of the Appeal Authority. No person shall be entitled to a refund of costs for any reason whatsoever. (Ord. 2022-09)
17.16.070: ADMINISTRATIVE HEARING OFFICER:
A. Appointment: The appeal of an administrative decision shall be conducted by an Administrative Hearing Officer, who must be appointed by the Mayor with the advice and consent of the City Council. The administrative hearing officer shall be an independent contractor. The Administrative Hearing Officer will be selected without respect to political affiliation, race, age, gender, or religion. The city may appoint multiple Administrative Hearing Officer's as needed.
B. Qualifications: The Administrative Hearing Officer must be a current or former professional in law, land use, or public administration and shall have the knowledge, training, and experience necessary to conduct administrative hearings regarding variances and appeals, as determined by the Mayor and City Council. The Administrative Hearing Officer cannot be a member of the City Council, a member of the Planning Commission, City staff, or any other elected or appointed City official.
C. Conflict of Interest: An administrative hearing officer must not participate in any appeal where the administrative hearing officer has a conflict of interest.
D. Compensation: The Administrative Hearing Officer is an appointed official. Terms for compensation and reimbursement will be set by written contract with the Administrative Hearing Officer. To be valid, the written contract required by this section must be approved and adopted by the City Council. (Ord. 2022-09)
17.16.080: UNAUTHORIZED COMMUNICATIONS PROHIBITED WITH APPEAL AUTHORITY:
It is a class C misdemeanor for any individual, including the party bringing an appeal or requesting a variance, to discuss substantive matters pertaining to a pending appeal or variance with the Administrative Hearing Officer in an effort to influence his or her decision on the matter, other than as part of an appeal hearing that is set for the purpose of considering the appeal or variance. It is also a class C misdemeanor for the Administrative Hearing Officer to discuss with an appellant or any other individual any substantive matters pertaining to a pending appeal or variance, other than as part of an appeal hearing that is set for the purpose of considering the appeal or variance. It is not a violation of this section to speak with the Appeal Authority about general or procedural matters not related to the substance of the appeal, which include but are not limited to the date, time, or place of the hearing. (Ord. 2022-09)
17.18.010: PURPOSE AND INTENT:
The purpose of this chapter is to provide clear and consistent procedures and requirements for amendments to the land use ordinance and the zoning map. (Ord. 2007-18 § 1; amd. Ord. 2023-13, 6-21-2023)
17.18.020: APPLICABILITY:
The provisions of this chapter apply to all amendments to the land use ordinance and zoning map of the city of Santa Clara, Utah, subsequent to the date of adoption hereof. (Ord. 2007-18 § 1; amd. Ord. 2023-13, 6-21-2023)
17.18.030: INITIATION OF AMENDMENT:
Either a zoning map or text amendment may be proposed by motion of the city council or land use authority. In the case of a zoning map amendment an application may be filed by a person who owns or has a legal interest in property or is a duly authorized agent of the owner. In all events, the application must exhibit the consent of those with a legal ownership interest in the property under consideration. In the case of a land use ordinance amendment, a landowner may file a petition for a motion of the city council to amend the ordinance text to be acted upon by the city council. The council shall either adopt such motion, initiating the text amendment requested, or deny such petition, in which event the request shall not proceed to a hearing before the land use authority. (Ord. 2007-18 § 1; amd. Ord. 2023-13, 6-21-2023)
17.18.040: APPLICATION SUBMITTAL REQUIREMENTS:
Applications for amendments to the land use ordinance or zoning map must provide the following information:
A. Ordinance Amendments:
1. Amendments to the land use ordinance must provide a completed application for an ordinance amendment. The application requests that the application be able to satisfactorily answer the following questions:
a. How has/have the current land use ordinance section(s) that is/are the subject of this application become outdated or no longer in the best interest of Santa Clara City?
b. How does the proposed land use ordinance change better serve Santa Clara City in promoting and protecting the health, safety, morals, convenience, order, prosperity, or general welfare of the city and its citizens?
c. How does the proposed ordinance change fit with the goals, objectives, and policies of Santa Clara City's general plan?
2. In addition, the following information must be provided along with the completed application:
a. Letter Of Intent: A letter of intent giving the details of the proposed ordinance change which should include, at a minimum, the following information:
(1) The purpose of the proposed ordinance change.
(2) How the ordinance change may affect other ordinance sections.
b. Impact Of Land Use Ordinance Change Description: A narrative explaining the benefit to the city anticipated from the ordinance change, including expected impact on public services, as well as the amount of city land that is expected to be affected by the proposed change.
c. Filing Fee: Filing fee as established by city resolution.
d. Signature: The application must be signed by the applicant and duly notarized. It shall be submitted in accordance with a schedule as provided in the application packet.
B. Map Amendments:
1. Amendments to the zoning map must include a completed application to amend the zoning map, as adopted and amended from time to time by the city council. The application must be completed and accompanied by the required items.
2. The application must also include the additional requirements required by the designations of commercial, planned development districts, and the historic district/mixed use zone.
3. Adherence to the application submittal deadlines as established by resolution of the city council and found on the application to amend the zoning map.
4. Filing fee payable to Santa Clara City according to the fee schedule established by the city council.
5. The application must be signed by the applicant(s) and/or property owners and duly notarized.
(Ord. 2007-18 § 1; amd. Ord. 2023-13, 6-21-2023)
17.18.050: REVIEW OF APPLICATION:
An application for a zoning map amendment, containing information specified in section 17.18.060 of this chapter shall be filed and reviewed pursuant to the following:
A. Preapplication Conference: Prior to filing an application, the applicant shall meet with the zoning administrator, or designee, and discuss his/her intentions regarding a given application and asking questions regarding the procedure or substantive requirements of this chapter.
B. Review Of Application Completeness: No application shall be accepted and reviewed unless determined by the zoning administrator, or designee, to be complete. A complete application is one which meets such minimum submission requirements as established by resolution of the city council.
C. Acceptance Of Application: The zoning administrator shall either accept the application if it is complete, or forward to the applicant a notice of the incompleteness specifying those areas of additional information necessary for review.
D. Application Processing: Upon acceptance of the application, it shall be reviewed by the land use authority staff, and then comments provided to the applicant prior to consideration by the land use authority. The zoning administrator shall schedule a public hearing before the land use authority as outlined in section 17.18.080 of this chapter.
(Ord. 2007-18 § 1; amd. Ord. 2023-13, 6-21-2023)
17.18.060: AMENDMENT TO APPLICATION:
An application may be amended by the submittal of additional information or proposed changes, provided however, that no amendments shall be made to the application after the land use authority has formulated its recommendation. If the additional information or the proposed changes to the application are submitted to conform with recommendations made by the city staff, then it shall not be deemed an amendment and the application shall continue its original timeline. However, if the additional information or proposed changes to the application are submitted at the applicant's discretion, then the zoning administrator shall review the information and render a finding as to whether the amendment requires the readvertising of the public notice, or additional review time by the city staff. If the zoning administrator determines readvertising or additional review time is needed the application shall be delayed until the next regularly scheduled land use authority meeting, and the applicant shall pay an additional zone change application fee.
(Ord. 2007-18 § 1; amd. Ord. 2023-13, 6-21-2023)
17.18.070: WITHDRAWAL OF APPLICATION:
An application may be withdrawn upon written request by the applicant at any time. If an application is withdrawn after staff review, the application fee shall not be refunded.
(Ord. 2007-18 § 1; amd. Ord. 2023-13, 6-21-2023)
17.18.080: PUBLIC NOTICE AND PUBLIC HEARINGS:
Public notice and hearings shall be conducted for all zoning decisions as defined in Utah Code Annotated, title 10, chapter 9A, known as the municipal land use, development, and management act (LUDMA).
A. Third Party Notice for Zoning Map Amendments: A third party notice in the form of a public notice on the property with a sign of sufficient size, durability, print quality, and location that is reasonably calculated to give notice to passersby will be required for zoning map amendments (rezonings). The sign will be placed by the city at least ten (10) days prior to the required public hearing.
B. Public Hearings: At the public hearing, the land use authority will hear comments from the staff, the applicant, and any citizen wishing to speak regarding the change.
Following the close of the public hearing, the land use authority may take action on the request by doing any of the following:
1. Recommend approval of the zone change request to the city council.
2. Recommend denial of the zone change request to the city council.
3. Table the request for further information, scheduling a field trip, or some other valid reason.
C. City Council Action: Following the land use authority action, the request will be forwarded to the city council for their legislative action. The city council may act upon the request, deny the request, or table the request for further information, or send the request back to the land use authority for further study or action.
D. Approval: Once approved by the city council, the zoning map will be amended to reflect the zone change.
E. Denial: If a zone change request is denied by the city council, it may not be reconsidered for a period of one year unless there is a significant change, as determined by the zoning administrator, to the prior request making it, in effect, a new application. A new filing fee must also be paid.
(Ord. 2013-01: Ord. 2007-18 § 1; amd. Ord. 2023-13, 6-21-2023)
17.18.090: STANDARDS OF REVIEW BY LAND USE AUTHORITY AND CITY COUNCIL:
In consideration of any land use ordinance or zoning map amendment, the land use authority shall consider the following matters and the city council shall give reasonable consideration to the following matters:
A. Is the proposed use suitable in view of the zoning and development of adjacent and nearby property.
B. Will the proposed use adversely affect the existing use or suitability of adjacent or nearby property.
C. Are there substantial reasons why the property cannot or should not be used as currently zoned.
D. Will the proposed use cause an excessive or burdensome use of public facilities or services, including, but not limited to, streets, schools, water or sewer utilities, and police or fire protection.
E. Is the proposed use compatible with the purpose and intent of the general plan.
F. Will the use be consistent with the purpose and intent of the proposed zoning district
G. Is the proposed use supported by new or changing conditions not anticipated by the general plan.
H. Does the proposed use reflect a reasonable balance between the promotion of the public health, safety, morality, or general welfare and the right to the unrestricted use of property.
(Ord. 2007-18 § 1; amd. Ord. 2023-13, 6-21-2023)
17.18.100: GENERAL PLAN AMENDMENTS:
The General Plan may be amended from time to time by the City Council. General Plan Amendments will be considered on a quarterly basis by the city.
A. All proposed amendments shall be submitted first to the Planning Commission for consideration at a public hearing. The City Council shall consider the recommendation at a public meeting, and make a final determination to adopt, modify, or deny the proposed amendment.
B. For a General Plan Amendment which includes a Rezoning of property and a required Project Plan to a Planned Development, PD Zone, the General Plan Amendment may include a condition that the Rezoning Application on which the General Plan Amendment is based must be approved within a one (1) year timeline, or the property reverts to the General Plan prior to approval of the Amendment.
(Ord. 2023-13, 6-21-2023)
17.20.010: EFFECT OF CHAPTER:
The regulations hereinafter set forth in this chapter qualify or supplement, as the case may be, the zone regulations appearing elsewhere in this title. (Ord. 97-06 § 4-1)
17.20.020: LOTS OF RECORD IN SEPARATE OWNERSHIP:
Notwithstanding the requirements of this chapter, a conditional use permit may be issued by the city to allow for residential construction on a lot of less than the frontage, or area required by the zone in which it is located, subject to meeting the following conditions:
A. The lot or parcel shall have been identified on the records of the Washington County recorder as being a separate lot or parcel having its own legal description, tax number, and deed as of January 1, 1988, as shown on the records in the Santa Clara City office.
B. A plot plan shall be submitted to the planning commission showing how the home is proposed to be placed on the property and showing that it meets the following requirements:
1. All front, side and rear setbacks required for the zone in which the property is located;
2. That the size of the home meets the square footage requirement (1,250 square feet) as required by this title.
C. A conditional use permit shall first be approved by the planning commission.
D. A request for a conditional use permit shall be filed in the manner required by chapter 17.40 of this title. All conditions of this chapter, as applicable, shall be met. (Ord. 97-06 § 4-2)
17.20.030: SEPARATELY OWNED LOTS; REDUCED YARDS:
On any lot under separate ownership from adjacent lots as identified in subsection 17.20.020A of this chapter, and such lot having a smaller width than required for the zone in which it is located, the width of each of the side yards for a dwelling may be reduced to a width which is not less than the same percentage of the width of the lot as the required side yard would be of the required lot width, provided that on interior lots in no case shall be less than five feet (5'), and for corner lots, the side yard on the street side shall be in no case less than fifteen feet (15'). (Ord. 97-06 § 4-3)
17.20.040: LOT STANDARDS:
Except as provided above, every lot, existing or intended to be created, shall have such area, width and depth as is required by this title for the district in which such lot is located and shall have its required frontage upon a dedicated or publicly approved street unless a private street or right of way has been approved by the planning commission. (Ord. 97-06 § 4-4)
17.20.050: EVERY DWELLING TO BE ON A LOT; EXCEPTIONS:
Every dwelling structure shall be located and maintained on a separate lot having no less than the minimum area, width, depth, and frontage required by this title for the district in which the dwelling structure is located unless otherwise recommended by the planning commission, and approved by the city council. Group dwellings, cluster dwellings, condominiums, and townhouses, or other multistructure dwelling complexes under single ownership and management, which are permitted by this title may occupy one lot for each such multistructured complex. (Ord. 97-06 § 4-5)
17.20.060: YARD SPACE FOR ONE BUILDING ONLY:
No required yard or other open space around an existing building or which is hereinafter provided around any building for the purpose of complying with the provisions of this title, shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected or established. (Ord. 97-06 § 4-6)
17.20.070: SALE OR LEASE OF REQUIRED SPACE:
No space needed to meet the width, yard, area, coverage, parking, or other requirements of this title for lot or building, may be sold or leased away from such lot or building. (Ord. 97-06 § 4-7)
17.20.080: SALE OF LOTS BELOW MINIMUM SPACE REQUIREMENTS:
No parcel of land which has less than the minimum width and area requirements for the district in which it is located may be cut off from a larger parcel of land for the purpose, whether immediate or future, of building or development. (Ord. 97-06 § 4-8)
17.20.090: YARDS TO BE UNOBSTRUCTED; EXCEPTIONS:
A. Porticoes extending from the dwelling over the main doorway and over a circular drive-through driveway, may be allowed to project to within fifteen feet (15') of the front or street side property line. Porticoes shall remain fully open on three (3) sides and not more than thirty feet (30') in width.
B. Awnings attached to and extending from the front of the dwelling may be allowed to project to within fifteen feet (15') of the front property line, subject to compliance with all of the following conditions:
1. The awning shall remain fully open on three (3) sides.
2. The materials and appearance of the awning are compatible with the dwelling in color and design, in the opinion of the community development director. (Ord. 2016-17)
17.20.100: PLANNED DEVELOPMENTS:
In planned developments a patio cover may be projected into the rear setback area subject to the following conditions:
A. The patio cover shall not be enclosed on any side except the side attached to the dwelling.
B. No more than one-third (1/3) of the rear yard area shall be covered.
C. No cover shall be closer than three feet (3') to the property line. In common areas having limited common areas, the property line shall be considered to be the area assigned to the specific use of an individual property owner, and the outer limits of the area shall be considered to be lot lines of the property for the purposes of this section.
D. Building permits are required for the installation of a permitted cover.
E. Covers may be constructed of noncombustible materials only. (Ord. 2004-23 § 1: Ord. 97-06 § 4-10)
17.20.110: DOUBLE FRONTAGE LOTS:
Double frontage lots are lots which have the rear property line adjacent to a public street. Such lots shall meet the following requirements:
A. A six foot (6') masonry wall shall be constructed along all rear lot lines unless otherwise approved by the planning commission. Accessory buildings no higher than fifteen feet (15') in height may be ten feet (10') from the rear property line, and storage sheds no higher than six feet (6') in height may be placed adjacent to the wall.
B. Where a six foot (6') masonry wall is not required along the rear property line, the minimum rear setback for all structures shall be twenty five feet (25') from the rear property line. (Ord. 2004-23 § 1: Ord. 97-06 § 4-11)
17.20.120: AREA OF ACCESSORY BUILDINGS:
No accessory building nor group of accessory buildings in any residential district shall cover more than twenty five percent (25%) of the lot area. No building permit is required for accessory buildings of less than ten by twelve feet (10 x 12') in size as per the international building code provided that such building will have no plumbing or electrical elements. (Ord. 2004-23 § 1: Ord. 97-06 § 4-12)
17.20.130: EXCEPTIONS TO HEIGHT LIMITATIONS:
Subject to approval of a conditional use permit by the planning commission, stairways, ventilating fans, or similar equipment required to operate, and towers, steeples, flagpoles, chimneys, wireless or television masts, theater lofts, or similar structures, may be erected above the height limit, but shall not be allowed for the purpose of providing additional floor space. (Ord. 97-06 § 4-13)
17.20.140: MINIMUM HEIGHT OF MAIN DWELLING:
No dwelling shall be erected to a height of less than one story above grade. (Ord. 97-06 § 4-14)
17.20.150: ACCESSORY BUILDINGS, CONSTRUCTION AND MAXIMUM HEIGHT:
Accessory buildings shall not be constructed upon a lot until a building permit has been issued for the principal building. No building which is accessory to a dwelling shall be erected to a height greater than one story, or twenty feet (20'). (Ord. 97-06 § 4-15)
17.20.160: UTILITY REQUIREMENTS:
In all areas of the city, connection shall be made to public water, electrical, and sewer facilities wherever available. All utilities shall be located underground unless specifically approved otherwise by the city. All construction shall comply with city and state building codes and standards. (Ord. 97-06 § 4-16)
17.20.170: STREETS, CURBS, GUTTERS, SIDEWALKS AND STORM DRAINAGE:
A. The installation of streets, curbs, gutters, sidewalks and storm drainage of a type approved by the city may be required on any existing street where such improvements are not already in existence or where such improvements are damaged or broken or are substantially substandard.
B. Installation may be required as a condition of obtaining a building permit for a new residential or other structure wherein a new upsized water and/or sewer and/or electrical service is required or when an existing structure's square footage is increased, and shall be completed as a part of the building contract prior to occupancy. All undedicated rights of way for required streets shall be dedicated as well, for any building permit.
C. The city, upon examination, may determine that it is not in the best interest of the city to install full improvements at the time of land development. In this event, the applicant shall be required, as a condition to receiving a building permit, to sign an improvement agreement, which shall be an agreement to post a cash bond for the estimated costs of the improvements, plus a factor of twenty five percent (25%). The funds shall be used to complete the improvements in the overall area when the city determines that it is prepared to complete the required improvements.
D. The exactment for city streets shall be one-half (1/2) of the engineer's estimated cost of a standard city street for the full frontage that the property has on the street, including frontage for corner lots.
E. The cost of curbs, gutters and sidewalks shall be for the engineer's estimated cost for the side of the street that fronts on the lot, including frontage for corner lots.
F. The cost of the storm sewer shall be the engineer's estimate of a standard street's storm sewer cost, also determined by front footage of the storm sewer system that is planned to be placed on the property, according to the city's storm sewer master plan. If there is no storm drain in the street where building is to occur (according to the storm sewer master plan), then no fee shall be exacted.
G. The improvement agreement shall be recorded against the property and shall constitute a covenant to run with the land. A sample of the improvement and cash bond agreement is attached to the ordinance codified herein, and is hereby incorporated by reference herein. The cash bond deposit shall be put at interest by the city to assist in defraying the cost of inflation. The amount of cash bond to be deposited shall be computed by the city engineer based on the engineer's estimate of the cost of installation under the standards stated above. Each applicant shall pay an engineer's review fee in connection with applying for the building permit, as the city council may establish by resolution, to cover the cost of the engineer's review.
H. Upon actual building of the improvements involved, the cash bond, including interest earned thereon, shall be applied to the cost, including the city's reasonably allocated engineering, legal and administrative costs. (Ord. 2007-19 § 1: Ord. 2004-08: Ord. 97-06 § 4-17)
17.20.180: DUMPING OR DISPOSAL:
The use of land for dumping or disposal of scrap materials, garbage, rubbish, or other refuse, or for ashes, or other industrial wastes, shall be prohibited in every district of this title.
No yard or other open space surrounding an existing building shall be used for the storage of junk, debris, abandoned or inoperable motor vehicles, or other unsightly material, judged by the city to create a public nuisance. (Ord. 97-06 § 4-18)
17.20.190: MOVING OF DWELLINGS:
Except for new construction, any dwelling proposed to be moved onto any parcel of land in the city of Santa Clara shall meet the following requirements:
A. All dwellings moved onto any lot must first obtain a conditional use permit as required by chapter 17.40 of this title.
B. Any dwelling proposed to be moved onto a site shall be less than ten (10) years of age at the time of moving unless otherwise approved by the planning commission and the city council.
C. Any dwelling proposed to be moved onto a site shall first be inspected by the building inspector to determine that it is in compliance with the current edition of the applicable building code, or that it is capable of being brought into compliance with said code. Inspection shall be made prior to planning commission review and a report of findings shall be submitted to the planning commission along with the application for a conditional use permit. (Ord. 97-06 § 4-19)
17.20.200: PUBLIC RIGHT OF WAY:
Development of any kind on or within a public right of way shall not be done without having received a permit from the city office, which approval may require planning commission and/or city council approval. (Ord. 97-06 § 4-20)
17.20.210: TIMESHARING:
(Rep. by Ord. 2004-39 § 1)
17.20.220: EXCEPTION TO LOT STANDARDS:
Notwithstanding the requirements of this chapter, the planning commission may consider the approval of flag lots to be developed either as a part of, or separate from a platted subdivision, subject to the following conditions:
A. In the opinion of the planning commission, the property cannot be subdivided with public streets and standard shaped lots, either at the present or in the foreseeable future.
B. The staff portion of the proposed lot(s) shall front on a dedicated and improved public street.
C. No building or construction, except for driveways, shall be allowed on the staff portion of the lot(s).
D. The front of the flag lot(s) shall be deemed to be the side nearest the dedicated public street upon which the staff portion fronts.
E. All lot size and setback requirements shall be the same as for the zone in which the lot is located. The staff portion of the lot(s) shall not be counted in calculating the size of the lot(s).
F. No more than two (2) flag lots may be served by any one staff portion of said lots.
G. The staff portion of the lot(s) shall be owned by the owner(s) of the flag lot(s). If two (2) lots are served, the staff portion shall be owned jointly by the owners of both lots that are being served.
H. No structure on the adjacent lots located in front of the flag lot(s) shall be closer to the staff portion of the flag lot(s) than eight feet (8'). A required twelve foot (12') side yard setback may be reduced to eight feet (8').
I. A solid fence or wall of six feet (6') in height may be required by the planning commission, between the flag lot and the rear property line of the lot in front of the flag lot.
J. The owner(s) of any lot(s) located in front of a proposed flag lot(s) shall be notified by the city of the date and time at which the flag lot request shall be considered by the planning commission.
K. Each flag lot shall be specifically approved by the planning commission.
L. If the flag lot roadways are not looped, then the provided dead end access roadway shall meet the requirements specified in subsection M of this section.
M. Approved turnarounds for dead end flag lot streets. (Ord. 2007-29 § 1: Ord. 2004-23 § 1: Ord. 97-06 § 4-22)
17.20.230: RESIDENTIAL FACILITIES FOR PERSONS WITH A DISABILITY:
The city building department shall grant a permit for the establishment of a residential facility for persons with a disability in any zone in which single-family dwellings are permitted if the applicant certifies that they meet the following requirements under subsections A through C of this section. The building department shall certify that the applicant meets the requirement in subsections D through F of this section.
A. The residence conforms to all applicable standards and requirements of the Utah state department of human services, and if applicable, the Utah state department of health.
B. No individual whose tenancy would constitute a direct threat to the health or safety of other individuals, or whose tenancy would result in substantial physical damage to the property of others, will be a resident.
C. If the residence is a substance abuse facility located within five hundred feet (500') of a school, the residence provides the following in accordance with rules established by the department of human services:
1. Twenty four (24) hour supervision of residents; and
2. Other twenty four (24) hour security measures.
D. The residence conforms to all state and local building, safety, health, and zoning requirements applicable to similar structures, including the number of unrelated persons allowed in a dwelling in the zone where the residence is located.
E. The residence is of a size, scale, and design such that it is in harmony with other residential uses in the vicinity.
F. The residence may not be located within one thousand feet (1,000') of any other residential facility for persons with a disability, or from a residential facility for elderly persons.
G. Staff will bring to the city council any requests for reasonable accommodations who shall give such consideration to requests under the standards of applicable state and federal law.
H. The right to continue the use under the building permit as a residential facility for persons with a disability shall be contingent upon maintaining the standards and requirements of this section.
I. In order to obtain a building permit the building department must certify the plans and specifications which shall include a rendering of the building with landscape that is compatible with the architectural style of the neighborhood.
J. Parking requirements are detailed in section 17.32.040 of this title.
K. The decision to approve a residential facility for the disabled must be based on legitimate land use criteria. (Ord. 2004-23 § 1)
17.20.240: RESIDENTIAL FACILITIES FOR THE ELDERLY:
Subject to granting of a conditional use permit a residential facility for elderly persons without structural or landscaping alterations that would change the structure's residential character, and subject to the requirements of this chapter, the location of residential facilities for elderly persons may be approved in areas zoned to permit single-family dwellings. (Ord. 2004-23 § 1)
17.20.250: LIMITATIONS ON ESTABLISHMENT:
A. No person who is being treated for alcoholism or drug abuse may be placed in a residential facility for elderly persons.
B. Placement in a residential facility for elderly persons shall be on a strictly voluntary basis and may not be a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility.
C. No residential facility for elderly persons may be located within one thousand feet (1,000') of another such facility, or from a residential facility for the handicapped.
D. The use granted and permitted in this chapter terminates if the structure is devoted to a use other than as a residential facility for elderly persons, or if the structure fails to comply with applicable health, safety, and building codes.
E. The decision to approve a residential facility for the elderly must be based on legitimate land use criteria and may not be based on the age of the facility's residents.
F. The requirements of this section that a residential facility for elderly persons obtain a conditional use permit or other permit do not apply if the facility meets the requirements of this chapter relative to the definition of a "family".
G. In order to obtain a building permit the building department must certify the plans and specifications which shall include a rendering of the building with landscape that is compatible with the architectural style of the neighborhood.
H. Parking requirements are detailed in section 17.32.040 of this title. (Ord. 2004-23 § 1)
17.20.260: SHORT TERM RESIDENTIAL PROPERTIES:
A. Definitions: As used in this chapter,
SELF-CONTAINED: A project where no public streets provide access to individual units that are no part of the project.
SHORT TERM RESIDENTIAL PROPERTY: Property which is used by any person or entity for hostel, hotel, inn, lodging, motel, resort, or other transient lodging uses where the term of occupancy, possession, or tenancy of the property by the person is for twenty nine (29) consecutive calendar days or less, for direct or indirect remuneration. For this section, "remuneration" means compensation, money, rent, or other consideration including free gratis, given for occupancy, possession or use of real property.
B. Requirement: Short term residential properties are prohibited in all zones within the city of Santa Clara except where allowed by conditional use permit in the planned development residential district or historic district/mixed use zone. (Refer to each district or zone for specific conditions for use.) (Ord. 2015-03: Ord. 2013-16)
17.20.270: GARAGE SETBACKS:
Where a sidewalk and a driveway are located in the same setback of a dwelling, the garage setback shall be a minimum of twenty feet (20') from the back edge of the sidewalk to the garage. Where no sidewalk is located in the setback, or where a side entry garage has a minimum twenty foot (20') long driveway from the back edge of the sidewalk, the garage setback shall be the same as required for the dwelling unit. (Ord. 2017-07)
17.20.280: NON-DEPOSITORY INSTITUTIONS:
Non-Depository institutions are allowed as a permitted use within the Commercial, C Zone or the Planned Development Commercial, PDC Zone, subject to the following restrictions:
A. A non-depository institution shall not be located within one mile of any other non-depository institution within the City’s geographical boundaries. The distance shall be measured from the exterior walls of the building in which the non-depository institution is located or proposed to be located and shall be measured as a straight- and direct-line distance from said point.
B. In addition to the geographical restriction under subsection 17.20.280(A) above, the total number of non-depository institutions located within the City’s geographical boundaries shall not exceed one non-depository institution per seven thousand five hundred (7,500) residents of the City. A portion or fraction resulting from such calculation that does not equal a whole number shall not increase, through “rounding” or otherwise, the total number of non-depository institutions possible. For example, if the City’s population was 14,999, then a maximum of one non-depository institution would be possible in the City, and a second non-depository institution would not be possible until the City’s population was 15,000 or more. For purposes of such calculation, the City’s population shall be determined by the numbers provided by the United States Census Bureau’s most recent annual estimate.
C. All non-depository institutions are subject to applicable architectural design, aesthetic and other regulations of all applicable zones, and other requirements of City code. Additionally, all non-depository institutions are subject to the following supplemental regulations:
1. The color of the building housing the non-depository institution shall be restricted to earth tones or shall match the design theme of the development of which it is apart.
2. At least 25% of the first-floor façade that faces a public street, or sidewalk shall be windows or doors of clear or lightly tinted glass to allow views into and out of the building at eye level.
3. The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited.
4. The use of neon lighting or signage shall be prohibited on the building exterior.
5. All signage associated with any non-depository institution shall conform to the requirements of Chapter 17.44 of city code. (Ord. 2025-09 § 1)
17.22.010: DEFINITIONS:
For purposes of this chapter, the following words or phrases shall have the following meanings:
ACCESSORY DWELLING UNIT (ADU): | A separate dwelling unit located on a residentially zoned property, that is clearly incidental and accessory to the primary dwelling on the property. In addition to the standards described in this section, ADUs must meet the standards described in section 10-9a-530 of the Utah Code. |
INTERNAL ACCESSORY DWELLING UNIT (IADU): | A separate dwelling unit located entirely within the footprint of an owner-occupied single-family detached dwelling on residentially zoned property, that is clearly incidental and accessory to the primary dwelling on the property. In addition to the standards described in this section, IADUs must meet the standards described in section 10-9a-530 of the Utah Code. |
PRIMARY DWELLING: | A single-family detached dwelling that is occupied as the primary residence of the owner of record. (Ord. 2022-04 § 1: Ord. 2021-14 § 1) |
17.22.020: INTERNAL ACCESSORY DWELLING UNITS:
A. Allowed Zones: An IADU is a permitted use in all residential zones, subject to the standards set forth in this section.
B. Standards: All IADUs must conform to the following standards:
1. The IADU must contain complete cooking and bathroom facilities that are separate from the facilities located in the primary dwelling.
a. The cooking facility in the IADU must contain:
(1) A sink and water faucet,
(2) Capacity for food refrigeration, and
(3) A permanent, built-in stove top, range, or other similar device for cooking food.
b. The bathroom facility in the IADU must contain:
(1) A sink and water faucet,
(2) A toilet, and
(3) A shower or bathtub.
2. The owner of the property must occupy the primary dwelling on the property.
3. One off-street parking space must be provided for the IADU, in addition to parking required for the primary dwelling on the property.
4. IADUs must meet all applicable Health, Fire and Building Codes.
5. The lot where the IADU is located must maintain the single-family appearance and character of the neighborhood. IADUs should be compatible in design and appearance with the primary dwelling on the property and shall not be located in detached structures connected by a breezeway.
6. Only one IADU per property is permitted.
7. The lot where the IADU is located must be at least six thousand (6,000) square feet in size. However, a single-family detached dwelling in a Planned Development Residential (PDR) Zone with a lot size of less than six thousand (6,000) square feet may be allowed if all other requirements of this section are met.
8. The total number of residents that reside in an IADU may not exceed the number allowed for a single-family dwelling.
9. If a garage or carport is converted to an IADU, the property owner must replace any parking spaces contained in the garage or carport which are required by code with an equal number of off-street parking spaces elsewhere on the property in a manner that complies with all land use standards.
10. An IADU shall not be permitted within a mobile home.
11. A property owner may not install power or culinary water utility meters that serve only the IADU. The IADU must be served by the same power and culinary water utility meters as the primary dwelling on the property.
12. No IADU may be located in a primary dwelling served by a failing septic tank.
13. The owner shall provide a separate address marking for emergency services and mailing services.
C. Rental Period: The IADU must be rented for periods of thirty (30) consecutive days or more.
D. Permit Required: Prior to renting or offering to rent an IADU, a property owner must obtain an Internal accessory dwelling unit permit from the city.
1. The IADU permit application is reviewed by city staff.
2. The IADU must be inspected by the city prior to issuance of any permit and may be inspected by the city up to one (1) time per calendar year. In the event that the IADU requires improvements be made in order to meet required standards, the property owner shall be required to obtain a building permit.
3. City staff shall issue the IADU permit, only after finding all of the standards in this section and all other applicable land use standards have been met and may revoke the IADU permit if an inspection finds that the IADU no longer meets applicable standards, after ninety (90) days written notice to the property owner and an opportunity to cure any deficiencies.
4. The city shall record a notice of the permit with the Washington County Recorder, as detailed in Utah Code Section 10-9a-530(6).
E. Business License: Renting of any IADU requires a business license. The business license must be maintained and renewed annually if the unit is rented.
F. In addition to other remedies available to the city, the city may hold a lien against a property that contains an internal IADU if the property owner violates any standards for operation of an internal IADU. The amount, notice, and procedure for the lien shall be in accordance with state law. (Ord. 2021-14, 10-27-2021)
17.22.030: ACCESSORY DWELLING UNITS:
A. One Accessory Dwelling Unit (ADU) may be permitted as a conditional use in a single-family residential zone subject to the following requirements:
1. Before an ADU occupancy permit is issued, the applicant must:
a. Submit a site plan, drawn to scale, that shows property lines and dimensions, the location of existing buildings and building entrances, proposed buildings or additions, distances from buildings or additions to property lines, the location of parking stalls and utility meters.
b. Include detailed floor plans drawn to scale with labels on rooms indicating uses or proposed uses.
c. Pay the required application fee as determined by resolution of the City Council.
d. Obtain a building permit following approval of the ADU and subject to all the requirements listed herein.
e. An ADU is allowed over an attached garage or a detached garage, provided that the existing parking underneath the created additional living unit remains parking and is not converted to a living space.
f. An ADU may be in a front, side, or rear yard if it meets all primary dwelling setback requirements.
g. An ADU may not exceed twenty feet (20') in height unless it is attached to the primary structure.
h. An ADU is allowed up to one thousand (1,000) square feet, or thirty percent (30%) of the footprint of the primary dwelling, excluding the garage, whichever is greater.
i. One additional off-street parking space must be provided for an ADU.
j. The primary dwelling and the ADU must be served by the same electric meter, water meter, and sewer connection. Additional impact fees, as established by the city may be assessed for the second dwelling unit.
k. The primary dwelling and the ADU must have the same address, except for a letter (A) designation, as may be approved by the city, to provide differentiation between the main dwelling and the ADU for mail or emergency response purposes.
l. The ADU may not be constructed until after the building permit is issued for the primary dwelling, and no certificate of occupancy may be issued for an ADU until after the certificate of occupancy is issued for the primary dwelling.
2. The property owner must occupy either the primary dwelling or the ADU.
3. The total number of residents that reside in an ADU may not exceed the number allowed for a single-family dwelling.
4. The lot where the ADU is located must maintain the single-family appearance and character of the neighborhood.
5. Only one (1) ADU or IADU per property is permitted.
6. Rental Period: The ADU must be rented for periods of thirty (30) consecutive days or more.
7. The City will record a notice of the permit with the Washington County recorder, as detailed in Utah Code Section 10-9a-530(6).
8. Business License: Renting of any ADU requires a business license. The business license must be maintained and renewed annually if the unit is rented. (Ord. 2022-04 § 1)
17.24.010: MAINTENANCE PERMITTED:
A nonconforming building or structure may be maintained provided such use is not enlarged nor modified. (Ord. 97-06 § 5-1)
17.24.020: REPAIRS AND ALTERATIONS:
Repairs or structural alterations may be made to a nonconforming building or to a building housing a nonconforming use, subject to all conditions contained in this chapter, or other applicable chapters of this title. (Ord. 97-06 § 5-2)
17.24.030: ADDITIONS, ENLARGEMENTS AND MOVING:
A building or structure occupied by a nonconforming use and a building or structure nonconforming as to height, area, yard, or zoning regulations shall not be added to, remodeled, or enlarged in any manner, or moved to another location on the lot, where such change would also be nonconforming, unless first receiving a recommendation from the planning commission, and approval from the city council. In approving such use, it must be determined that the proposed change does not impose an unreasonable burden upon the lands located in the vicinity of the nonconforming use or structure.
A building or structure may be added to or enlarged if such addition or enlargement is being done for the purpose of causing such building or structure to become conforming with all regulations of the zone in which it is located. Said improvements may be done after having obtained a proper building permit. (Ord. 97-06 § 5-3)
17.24.040: ALTERATION WHERE PARKING IS INSUFFICIENT:
A building or structure lacking sufficient automobile parking area or space in connection therewith, as required by this title, may be altered or enlarged, provided that additional parking space is supplied to meet the requirements of this title for such alteration or enlargement. (Ord. 97-06 § 5-4)
17.24.050: RESTORATION OF DAMAGED BUILDINGS:
A nonconforming building or structure, or a building or structure occupied by a nonconforming use which is damaged or destroyed by fire, flood, wind, earthquake, or other calamity, or act of God, or by the public enemy, may be restored and the occupancy or use existing at the time of damage or destruction may be continued or resumed, provided that such restoration is started within a period of one year after the occurrence or damage or destruction, and is diligently prosecuted to completion. (Ord. 97-06 § 5-5)
17.24.060: ONE YEAR VACANCY:
A building or structure, or portion thereof occupied by a nonconforming use, which is, or which hereafter becomes vacant and remains unoccupied by a nonconforming use for a continuous period of one year, shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located. (Ord. 97-06 § 5-6)
17.24.070: OCCUPATION WITHIN ONE YEAR:
A vacant building or structure may be occupied by a use for which it was designed or intended if so occupied within a period of one year after the use became nonconforming. (Ord. 97-06 § 5-7)
17.24.080: CHANGE OF USE:
The nonconforming use of a building or structure may not be changed except to a conforming use, except as may be approved in section 17.24.030 of this chapter, but where such change is made, the use shall not thereafter be changed back to a nonconforming use. (Ord. 2004-24 § 1: Ord. 97-06 § 5-8)
17.24.090: NONCONFORMING USE OF LAND:
The nonconforming use of land may be continued, provided the nonconforming use of land shall not in any way be expanded or extended either on the same, or adjoining property, and provided that if such nonconforming use of land, or any portion thereof, is abandoned or changed for a period of one year, or more, any future use of such land shall be in conformity with the provisions of this title. (Ord. 2004-24 § 1: Ord. 97-06 § 5-9)
17.24.100: TEMPORARY BUILDINGS AND USES:
A building nonconforming as to type or location may be approved by the planning commission for use as a temporary residence, sales office, or commercial or industrial building, during the construction of permanent facilities. Such temporary approval shall not be made for a period exceeding one (1) year. Extensions may be granted for cause, by the planning commission for additional six (6)-month periods, up to a maximum of twelve (12) months, or two (2) such extensions. If the temporary use approval expires without permanent facilities being complete, the applicant must go to City Council for consideration of an extension for a maximum period of one (1) year. The applicant must provide a schedule for project completion for City Council review and consideration. Temporary buildings shall be connected to all public utilities and shall meet all setback requirements unless otherwise approved by the planning commission.
(Ord. 2025-17: Ord. 2004-24 § 1: Ord. 97-06 § 5-10)
17.24.110: CONTINUATION OF USE:
The occupancy of a building or structure by a nonconforming use, existing at the time the ordinance codified in this title became effective, may be continued. (Ord. 97-06 § 5-11)
17.28.010: SETBACK AREA DEFINED:
The term "front setback area" for the purpose of this title shall refer to the setback area (as required by this title) along any street frontage. (Ord. 2022-02 § 1)
17.28.020: PERMIT REQUIRED:
A. A building permit and engineered design is required for the construction of a fence, wall, or retaining wall when one (1) of the following conditions exists:
1. The fence system exceeds seven feet (7') in height.
2. A retaining wall that exceeds a height of four feet (4') as measured from the bottom of footing to the top of wall.
3. The retaining wall is less than four feet (4') in height supporting a surcharge.
4. Any fence that is reviewed and approved by the Planning Commission, prior to the beginning of construction.
B. Each wall and fence system installed requires a review by the building official or designee to ensure the proposed installation is consistent with this code prior to construction. (Ord. 2022-02 § 1)
17.28.030: GENERAL STANDARDS:
A. The finished grade may not be bermed for the purpose of increasing the fence height.
B. No fence or obstruction to view shall be placed within a triangle area formed by a driveway line, the front yard property line, and a line connecting them at points twelve feet (12') along the driveway line and twelve feet (12') along the front property line.
C. When installed on a shared property line, a fence, wall, or retaining wall located on an interior property line separating two (2) residential lots with differing elevations, the maximum height of the fence, wall, or retaining wall shall not exceed six feet (6') above grade on either side unless:
1. The property owners adjoining the fence, wall, or retaining wall agree in writing to a greater height; and
2. A retaining wall is placed against the cut area to retain the natural grade, in which case the fence, wall, and retaining wall combined shall not exceed nine feet (9') in height when measured from the lower lot side.
D. A fence or wall system constructed solely on a residential lot (including footing) may be constructed to a maximum height of nine feet (9'). (Ord. 2022-02 § 1)
17.28.040: INTERIOR LOT REQUIREMENTS:
A. On all interior lot lines, a fence, not to exceed six feet (6') in height, may be erected along all side and rear property lines as per the following requirements:
1. To a point measured fifteen feet (15') from the front property line if the property line is from back of sidewalk.
2. To a point measured twenty-five feet (25') from the front property line if the property line is from back of curb.
B. In any front setback area along interior front and side property lines, no fence, wall, or retaining wall shall exceed three feet (3') in height unless: a non-sight obstructing fence system that is at least fifty percent (50%) open is installed at which, a four foot (4') high fence may be erected one foot (1') behind the property line. (Ord. 2022-02 § 1)
17.28.050: CORNER LOT REQUIREMENTS:
A. On all corner lots, a fence not to exceed six feet (6') in height may be erected along the rear and interior side lot lines. A solid fence or wall shall not be erected in the front yard or street side yard setback area to a height in excess of three feet (3'), except as provided for in subsection C below, and as approved by the building official or designee. Where the fence or wall is located within five feet (5') of the sidewalk, the fence height shall be measured from sidewalk grade. Where the fence or wall is more than five feet (5') from the sidewalk, the height shall be measured from the adjacent grade on the street side.
B. In all zones requiring a front yard setback, no obstruction to view in excess of two feet (2') in height shall be placed on any corner within a triangular area formed by the street property lines and a line connecting them at points thirty feet (30') from the intersection of the property lines allowing for site visibility.
C. Fences or walls erected within the side yard setback that fronts on a public street may have a height up to six feet (6') provided the following conditions are met:
1. Solid fences or walls up to six feet (6') in height shall maintain a minimum five-foot (5') setback from the property line.
2. Non-sight obstructing fences that are at least fifty percent (50%) open shall be allowed to a height of six feet (6') and may be erected one foot (1') behind the property line. (Ord. 2022-02 § 1)
17.28.060: RETAINING WALLS; DIFFERENCE IN GRADE:
When a difference in grade exists between adjoining properties, a retaining wall may be constructed, subject to the requirements set forth in this section. A rock wall whose height does not exceed four (4) vertical feet and whose angle of repose does not exceed a ratio of one to one (1:1) is not a retaining wall for the purpose of this section.
A. The height of the retaining wall shall not exceed six feet (6'). If the retaining wall exceeds four feet (4') in height, the wall shall be engineered and approved pursuant to the International Residential Code (IRC) standards.
B. Retaining wall systems over six feet (6') in height shall be terraced to form benches or landings which can be landscaped. Terraced walls shall be offset at a one to one (1:1) ratio.
C. Retaining walls shall be moisture proofed on the retaining side of the wall below grade.
D. Walls installed during the project development process will be required to comply with the Santa Clara City Construction Design Standards, Section 4.3.2.5, Retaining Walls Required. (Ord. 2022-02 § 1)
17.28.070: VACANT LOTS:
For the purpose of this chapter, it shall be presumed that a vacant lot shall contain a minimum front, side and rear yard that are otherwise required by ordinance. In any required side and rear yard on vacant lots, the maximum height of fences shall not exceed six feet (6'). In any required front yard setback, the maximum height of fences shall not exceed three feet (3'). A non-site obstructing see-through fence that is at least fifty percent (50%) open is allowed at four feet (4') in height and may be erected at the property line. (Ord. 2022-02 § 1)
17.28.080: FENCES ON THE PUBLIC RIGHT OF WAY:
No fence approved under this chapter shall be erected beyond a property line or on the public right of way, without the issuance of a special permit by the city. Approval of a fence on the public right of way shall be considered subject to the following conditions:
A. No fence shall be erected within one foot (1') of an existing or future sidewalk, within a four-foot (4') radius of a fire hydrant, or within a two-foot (2') radius of small utility boxes, light and power poles. Obtain verification from the electrical department for radii on other utility boxes.
B. The city shall retain the right to remove any fence on the public right of way for any purpose it deems necessary. Removal shall be at the sole expense of the property owner.
C. Maintenance of the area between the sidewalk and the property line shall be the responsibility of the property owner. (Ord. 2022-02 § 1)
17.28.090: FENCES ON CONTROLLED ACCESS STREETS:
On controlled access streets, walls, fences, or hedges may be erected to a height of six feet (6') in the setback area, except that a six-foot (6') fence may not be constructed within the area intersected by the right-of-way lines of the curb returns, but not less than thirty feet (30'). See subsection 17.28.030 B. of this chapter. The triangular area may be either landscaped with low, spreading shrubs, rock landscaping, or paved as part of the sidewalk area. (Ord. 2022-02 § 1)
17.28.100: FENCES FOR RECREATION USE:
A. On interior side and rear property lines, a chain-link fence may be erected to a height of twelve feet (12') for the purpose of enclosing a tennis court, or other court game area. Said fence may not be located within the setback area of yards abutting a front or street side yard.
B. A fence not less than four feet (4') in height shall be erected around all private outdoor swimming pools, hot tubs, or other similar pools not otherwise enclosed (or covered for hot tubs). The specifications for the fence and gates, for residential application, shall be the same as those provided in the International Swimming Pool and Spa Code (ISPSC). This required fence or wall may encompass any amount of the lot or parcel, except that a swimming pool on the same lot and accessory to a dwelling unit shall not be located within the front yard setback. Exceptions:
1. Spas and hot tubs with lockable safety cover that complies with the ASTM F 1346.
2. Swimming pools with a powered safety cover that complies with the ASTM F 1346.
C. A fence not less than six feet (6') in height shall be erected around all public or commercial swimming pools.
D. Fences at a minimum of six feet (6') in height shall be erected around all ponds, canals, or ditches, where, in the opinion of the planning commission, there is determined to be a potential hazard to the health, and safety of surrounding areas or developments. (Ord. 2022-02 § 1)
17.28.110: FENCES REQUIRED IN CERTAIN AREAS:
A. Fences surrounding developments having no individual lots that front on public streets, such as subdivisions with limited access, or planned developments larger than one acre, may have a solid fence in the front setback area to a height of six feet (6'), except that such fence shall be reduced to three feet (3') at driveway entrances and intersections in the same manner as required elsewhere in this chapter.
B. All commercial and industrial developments, in areas zoned accordingly, having a common lot line with property used for residential purposes shall be considered the same as the requirements of a residential interior lot line. Refer to section 17.28.020 of this chapter. (Ord. 2022-02 § 1: Ord. 2012-18)
17.28.120: NONCONFORMING FENCES:
Nonconforming fences shall not be reconstructed except in conformance with the requirements of this chapter. (Ord. 2022-02 § 1)
17.28.130: COURTYARD WALLS OR FENCES:
A courtyard wall or fence (a solid wall, or fence attached to the front dwelling unit and located in the front yard setback area) is allowed as per the following conditions:
A. Front Yard Setback: Front yard facing courtyard walls shall be located fifteen feet (15') from the front property line.
B. Height: The height of such wall or fence shall not exceed four feet (4') in height as measured from the main floor elevation of the dwelling.
C. Application And Review: A building permit as required by section 17.28.015 of this chapter shall be required for all courtyard walls and fences subject to the following:
1. A plan shall be prepared showing the total front yard of the dwelling unit drawn to scale and showing where the proposed courtyard will be located. The application shall also include a front elevation of the dwelling, or a picture of the front of the dwelling, showing how the front will appear with the wall or fence constructed.
2. A detailed plan is required to show how the wall or fence would tie in with the architectural theme of the home, which is complimentary in style and materials of the primary residence.
3. The application shall be submitted to the TRC staff for review. In addition to how the proposal complies with this section, the TRC shall also consider how the proposed wall or fence may impact adjacent dwellings. Construction materials and aesthetic appeal will also be considered in determining whether to approve the request and authorize a building permit for the courtyard fence. City staff may submit the request to the Planning Commission for their review and consideration at the next available meeting. (Ord. 2022-02 § 1)
17.28.140: UTILITY METERS:
Access to utility meters shall be readily accessible. Enclosing a utility meter with a wall or fence is in violation of city code, section 13.08.270, Access to Premises. (Ord. 2022-02 § 1)
17.28.150: WALL AND FENCE MATERIAL:
Building materials that are not specifically manufactured, listed, or commonly used to construct walls or fences are prohibited. (Ord. 2022-02 § 1)
17.28.160: FENCES NOT OTHERWISE IDENTIFIED:
The Planning Commission shall review all requests for any type of fence not specifically identified in this chapter, and may approve said fence if, in the opinion of the Commission, the fence does not impair the intent and purpose of this title. (Ord. 2022-02 § 1)
17.28.170: BARBED WIRE:
Barbed wire, or similar fencing material shall be prohibited in all zones except agricultural. However, barbed wire, or similar fencing material is allowed for security purposes for public utilities and/or facility uses, and shall conform to the following restrictions:
A. Barbed wire, or similar material shall be pulled tight and not rolled or coiled.
B. Straight strands of barbed wire, or similar material on top of fences or walls shall not exceed a total height of seven feet (7'). (Ord. 2022-02 § 1)
17.32.010: OFF STREET PARKING REQUIRED:
At the time any building or structure is erected, or enlarged, or increased in capacity, or any use is established or changed, there shall be provided off street parking spaces for motor vehicles in accordance with the following requirements. (Ord. 97-06 § 7-1)
17.32.020: SIZE:
A. The dimensions of each off street parking space or stall shall be at least nine feet by eighteen feet (9' x 18') for diagonal or ninety degree (90°) spaces; or nine feet by twenty two feet (9' x 22') for parallel spaces, exclusive of drives or aisles.
B. A parking stall may be reduced by two feet (2') lengthwise if landscaping, separated from the paved area of the parking stall by a curb or wheel guard, is provided in the remaining two feet (2') of the parking stall. All area within the parking area that is not paved shall be landscaped. (Ord. 97-06 § 7-2)
17.32.030: ACCESS TO INDIVIDUAL PARKING SPACES:
Except for single-family and two-family dwellings, access to each parking space shall be from a private driveway and not from a public street.
A. One-way driveways shall be a minimum of twelve feet (12') in width.
B. Two-way driveways shall be a minimum of twenty five feet (25') in width.
C. On private streets or access drives, a garage or carport shall be set back a minimum of twenty feet (20') from the back of the sidewalk, or where no sidewalk exists or is planned, from the curb, or lot boundary line.
D. Garage and carport spaces shall be counted as one (1) parking space unless: 1) such garage or carport is a minimum of four hundred eighty (480) square feet with a minimum width of twenty feet (20'), and 2) the individual driveway to the garage or carport is at least eighteen feet (18') in length in which case such parking area shall be counted as two (2) spaces. (Ord. 2017-10: Ord. 97-06 § 7-3)
17.32.040: PARKING SPACES REQUIRED FOR RESIDENTIAL AREAS:
The number of off street parking spaces required for residential development shall be as follows:
Residential facilities for persons with a disability and residential facilities for the elderly | 1 parking space for each anticipated employee and 1 space for every 2 occupants of the facility; at least 1 of which must be covered. No street parking shall be counted toward meeting the parking requirement. No parking area shall be located within the required front setback area facing a public street, and it shall be on the property that it is intended to serve. All parking shall be on site. | |
Single-family dwellings | 2 parking spaces per single-family dwelling, 1 of which shall be covered. Tandem parking shall not count toward the parking requirement. | |
All other dwellings | All other dwellings, including townhouses and condominiums, shall have 2 parking spaces per dwelling unit, at least 1 of which shall be covered. Covered parking may be located within the side and rear setback areas. No street parking shall be counted toward meeting the parking requirement. Tandem parking shall not count toward the parking requirement. No parking area shall be located within the required front setback area facing a public street, and it shall be located on the property that it is intended to serve. All parking shall be on site. |
No motor home, travel trailer, boat, jet skis, other similar recreational equipment, or construction equipment, shall be parked within the required front yard setback area adjacent to a public street. (Ord. 2004-25 § 1: Ord. 97-06 § 7-4)
17.32.050: PARKING SPACES REQUIRED FOR NONRESIDENTIAL AREAS:
The number of off street parking spaces required for all nonresidential developments shall be as follows:
Bowling alleys and billiard halls | 5 spaces for each alley plus 2 spaces for each billiard table contained therein. | |
Business or professional offices | 1 space for each 250 square feet of gross floor area. | |
Churches, sports arenas, auditoriums, theaters, assembly halls, lodge halls or other meeting rooms | 1 space for each 3.5 fixed seats or maximum seating capacity, or one space for each 35 square feet of seating area within the main auditorium where there are no fixed seats. 18 linear inches of bench shall be considered equal to 1 fixed seat. | |
Day nurseries in commercial zones, including preschools and nursery schools | 1 space for each staff member plus 1 space for each 5 children for which said establishment is licensed. | |
Educational uses: | ||
Elementary schools | 2 spaces per classroom. | |
Junior high schools and intermediate schools | 1 space for each member of the faculty and 1 space for each 5 regularly enrolled students. | |
High schools, colleges and universities, trade schools, etc. | 1 space for each faculty member plus 1 space for each 3 students, plus the requirement above for auditoriums. | |
Furniture stores, appliance stores,and lumberyards | 1 space for each 600 square feet of floor area. | |
Golf courses | 6 spaces per hole. | |
Golf driving ranges | 1 space per tee. | |
Health studios and spas | 1 space for each 250 square feet of gross floor area, or 10 spaces minimum, whichever is greater. | |
Hospitals | 2 parking spaces for each bed. | |
Hotels, motels | 1 space for each living or sleeping unit plus 2 spaces for resident manager or owner. Also, the parking required by this title for any other use included in the hotel or motel. | |
Libraries | 1 space for each 300 square feet of gross floor area. | |
Manufacturing plants, warehouses, storage buildings, or structures for storage purposes | 1 space for each 1,000 square feet of gross floor area and 1 space for each 250 square feet of office or sales area. | |
Mortuaries and funeral homes | 5 spaces plus 1 space for each 35 square feet of assembly room floor area. | |
Motor vehicle sales, automotive repair and service, commercial | 1 space for each 400 square feet of gross floor area. | |
Nursing homes | 4 plus 1 parking space for each 3 beds. | |
Outdoor sales lots for autos, mobile homes and RVs | 1 customer parking space for each 7 vehicles or items of equipment to be displayed plus 2 spaces for manager and employee parking. | |
Restaurants, taverns, lounges, drive-in, drive-through, takeout restaurants and other establishments where food or beverages are consumed | 10 spaces minimum or 1 space for each 100 square feet of gross floor area, whichever is greater. | |
Retail stores and shops, commercial banks, savings and loan offices, other financial institutions, general retail stores, food stores, supermarkets, drugstores, and other similar commercial businesses | 1 space for each 250 square feet of gross floor area. For commercial centers containing 500 or more spaces, spaces in excess of 500 will be calculated on the basis of 1 space for each 500 square feet of gross floor area. | |
Service commercial businesses; businesses such as electrical, plumbing, cabinets, printing, and other similar shops | 1 space for each 250 square feet of retail or office area, and 1 space for each 500 square feet of additional building area. | |
Skating rinks, ice or roller | 1 space for each 300 square feet of gross floor area. | |
Swimming pools (commercial) | 1 space for each 100 square feet of water surface or 10 stalls, whichever is greater. | |
Tennis, handball and racquetball courts (commercial) | 6 spaces minimum, or 3 spaces per court, whichever is greater. | |
Veterinary hospitals | 5 spaces for each doctor. | |
Notwithstanding all provisions of this section, the planning commission shall take into account in each instance of nonresidential parking, the type of development, use, location, adjoining uses, and possible future uses, in setting parking requirements. It shall recommend to the city council a requirement of that number of spaces that it deems reasonably necessary in each instance for all employees, business vehicles and equipment, customers, clients, and patients, of such nonresidential property. (Ord. 2004-25 § 1: Ord. 97-06 § 7-5)
17.32.060: PARKING ON UNIMPROVED LOTS:
Parking of vehicles, including, but not limited to, travel trailers, RVs and similar vehicles, on unimproved lots other than in approved areas shall be prohibited. (Ord. 2004-25 § 1: Ord. 97-06 § 7-6)
17.32.070: PARKING LOT LIGHTS:
Parking lots used during hours of darkness shall be lighted by standards a maximum of sixteen feet (16') in height above grade and using indirect, hooded light sources. (Ord. 97-06 § 7-7)
17.32.080: DEVELOPMENT STANDARDS:
Every parcel of property used as a parking lot shall be improved with a paved surface approved by the city engineer and shall have appropriate bumper guards where needed. Lights used shall be reflected away from adjoining premises wherever these areas are used for residential purposes. (Ord. 97-06 § 7-8)
17.32.090: OPTIONAL PROVISIONS:
Shared parking facilities may be used jointly with parking facilities for other uses when operations are not normally conducted during the same hours, or when peak uses vary. Requests for shared parking are subject to the approval of the planning commission and shall also be subject to the following guidelines:
A. Sufficient evidence shall be presented to show that there will be no substantial conflict in the periods of peak demand of uses for which the joint use is proposed.
B. The number of parking stalls which may be credited against the requirements for the uses involved will not exceed the number of spaces that may normally be required for any one of the uses sharing the parking.
C. Parking facilities should not be located further than two hundred fifty feet (250') from any use proposing to use such parking unless otherwise provided for in the historic district overlay zone.
D. A written agreement shall be executed by all parties concerned assuring the continued availability of shared parking facilities in the event that one of the uses shall be sold or otherwise change ownership or management. (Ord. 97-06 § 7-9)
17.32.100: USES NOT SPECIFICALLY IDENTIFIED IN THIS CHAPTER:
For all parking uses not listed above, the planning commission shall determine the number of spaces required based upon the nearest comparable use standard available. (Ord. 97-06 § 7-10)
17.36.010: ACCESS REQUIREMENTS:
Adequate ingress and egress to and from all uses of land shall be provided as follows herein. (Ord. 97-06 § 8-1)
17.36.020: RESIDENTIAL LOTS; ACCESS:
A. No residential lot shall have more than two (2) driveways unless approved by the planning commission.
B. No driveway, or driveways, except for cul-de-sac lots, shall exceed fifty percent (50%) of the lot frontage.
C. In no event shall a driveway on a major or collector street be placed on any corner lot within a distance of fifty feet (50') from the point of intersection of the property lines nearest the intersection.
1. On local streets, the distance may be reduced to forty feet (40') or twenty five feet (25') from the point of curvature of the radius, whichever is greater, with planning commission approval, after receiving a recommendation from staff that:
a. The length of the local street is of such length that most local traffic is diverted onto other local or collector streets and is not a collector street by way of use, or
b. The lot is adjacent to a collector or major street which restricts lot access, and is therefore feasible to enter only from the local street, or
c. The size or shape of the lot is such that it justifies a reduction as opposed to other lots in the area.
d. Other findings of the staff that may be peculiar to the specific lot, and which may not be applicable to other lots in the area.
2. The reduction of the setback distance may not be to simply accommodate the desire of the property owner without cause, as identified above.
3. The approval of a reduced setback serves to modify the city construction standards relative to the setback from the corner for any lot so approved.
D. Any unused curb cuts for driveways shall be replaced with standard curb, gutter, and sidewalk, unless otherwise approved by the city.
E. No single-family residential lot shall have an individual access on a public street designated as a major street as shown on the general plan map of streets. (Ord. 2007-04: Ord. 2004-26 § 1: Ord. 97-06 § 8-2)
17.36.030: RESIDENTIAL PRIVATE STREETS; ACCESS:
A. On dead end private streets serving flag lots, a turnaround shall be required.
B. On dead end private streets in residential planned developments, a cul-de-sac may be required.
C. The maximum length of any dead end private street shall be six hundred feet (600') unless otherwise approved by the planning commission.
D. All turnarounds that are not a regular cul-de-sac shall be used solely as a turnaround, and not as a joint use for such things as parking, garbage collection, or otherwise.
E. Flag lots approved by the planning commission and city council shall be designed to meet all applicable requirements of section 17.20.220 of this title dealing with flag lots. (Ord. 2004-26 § 1: Ord. 97-06 § 8-3)
17.36.040: NONRESIDENTIAL STREETS; ACCESS:
A. Not more than two (2) driveways shall be used for each one hundred feet (100'), or fraction thereof, of street frontage on any street. Greater spacing may be required by the city on streets designated as major streets on the city general plan of streets.
B. No two (2) driveways shall be closer together than twelve feet (12'). A single drive may serve businesses on both sides of a common property line.
C. Each driveway shall be not more than fifty feet (50') in width, unless otherwise approved by the planning commission, except as increased by permissible curb return radius. In no case shall driveways exceed fifty percent (50%) of the street frontage.
D. In cases where there is an existing curb and gutter, or sidewalk on the street, the property owner shall provide a safety island along the entire frontage of the property, except for the permitted driveways.
E. No driveway shall be located closer to a public street intersection than fifty feet (50') from the point of intersection of the property lines nearest the intersection. (Ord. 2004-26 § 1: Ord. 97-06 § 8-4)
17.36.050: SCREENING OF PARKING LOTS:
The sides and rear of any parking lot which faces or adjoins a residential district shall be screened from such district by a masonry wall, solid visual barrier fence, or earth berm of a height six feet (6'), or as may be required by chapter 17.28 of this title, or by the planning commission. (Ord. 2004-26 § 1: Ord. 97-06 § 8-5)
17.36.060: MAINTENANCE:
Each parking lot shall be permanently paved and maintained. (Ord. 97-06 § 8-6)
17.36.070: LIGHTING:
In nonresidential parking lots identified in section 17.36.040 of this chapter, lighting shall be used to illuminate the parking lot during evening business hours. All lights shall be arranged to reflect the light away from adjoining premises used for residential or sleeping purposes, and away from street traffic. (Ord. 2004-26 § 1: Ord. 97-06 § 8-7)
17.36.080: LANDSCAPING:
The requirements of the planned development residential and planned development commercial zones shall apply. (Ord. 97-06 § 8-8)
17.36.090: LOCATION OF GASOLINE PUMPS:
Gasoline pumps shall be set back not less than eighteen feet (18') from any street property line to which the pump island is vertical and fourteen feet (14') from any street line to which the pump island is parallel, and not less than twelve feet (12') from a side boundary line. If the pump island is set at an angle on the property, it shall be so located that automobiles stopped for service shall not extend over the property line. (Ord. 97-06 § 8-9)
17.36.100: OFF STREET LOADING SPACE:
On the same premises with every building, structure, or part thereof, occupied for manufacturing, storage, warehouse, goods display, department store, grocery store, hotel, hospital, or similar use involving the receipt, or distribution by vehicle of materials or merchandise, there shall be provided and maintained on the lot, adequate space for standing, loading, and unloading services, in order to avoid undue interference with public use of streets. In no case shall required loading and unloading spaces be part of those areas used to satisfy the parking requirement. Exceptions may be granted by the planning commission for businesses located in the historic district overlay zone. (Ord. 2004-26 § 1: Ord. 97-06 § 8-10)
17.36.110: GARBAGE COLLECTION ACCESS:
All projects requiring central garbage collection (dumpsters), shall provide convenient access to collection areas. Collection areas shall be screened from street views, and shall be maintained in a clean and sanitary manner. (Ord. 97-06 § 8-11)
17.36.120: QUESTIONS NOT OTHERWISE ANSWERED:
Questions dealing with vehicle access and loading not otherwise covered in this chapter shall be determined by the planning commission using criteria most closely related to the question placed before them. (Ord. 97-06 § 8-12)
17.38.010: PURPOSE AND INTENT:
The purpose and intent of this chapter is to encourage the majority of business activities to be conducted in appropriate commercial zones. Business activities may be conducted within a residence on a limited basis if such activities comply with the standards of this chapter. All home occupations shall be secondary and incidental to the residential use. The use should be conducted so that neighbors, under normal conditions, would not be aware of its existence. Home occupations are a privilege which can be revoked if disruption of the neighborhood occurs. (Ord. 2012-02)
17.38.020: HOME OCCUPATION DEFINED:
A "home occupation" as used herein shall mean the conducting of any business transaction, or activity for which consideration of any nature is received in any zone classified as residential under the land use ordinance. Occasional "garage sales" held on an irregular basis not to exceed one per year, do not constitute a home occupation. (Ord. 2012-02)
17.38.030: HOME OCCUPATION PERMIT REQUIRED:
To ensure compliance with the provisions of this chapter, and to protect the health, safety, and welfare of residential neighborhoods, a home occupation permit shall be obtained by filing an application, and paying the required fee, to the city of Santa Clara. The application requires the submission of an accurate and legible drawing of the home, and the yard, as may be necessary, showing how the various parts of the home and parking areas will be used in accommodating the requested use of the home. The request may be heard by either the city staff, or the planning commission as may be determined by the staff. (Ord. 2012-02)
17.38.040: BUSINESS LICENSE REQUIRED:
To ensure compliance with the provisions of this chapter, and to protect the character of residential neighborhoods in the city, a business license shall be obtained from the city after the home occupation permit has been approved, and before a dwelling unit in a residential zone may be used for business purposes. Business licenses shall be renewed annually. (Ord. 2012-02)
17.38.050: PROCEDURE:
Upon approval by the city staff, or planning commission, a permit will be issued to the applicant and will allow them to obtain a business license from the city office. The approval will contain whatever requirements will be imposed on the applicant. The approval of the application is dependent upon meeting all of the listed requirements in the following section, and the applicant will agree in writing within the application form to comply with all said requirements. (Ord. 2012-02)
17.38.060: INSPECTION AUTHORITY:
Any approved home occupation that may require changes in the home such as fire/safety requirements that would be required for a child daycare business, or any building code requirements, will require an inspection by the building official to determine compliance, or to identify changes that would need to be made. The zoning administrator, or building official, shall have authority at any time to inspect the dwelling and premises to determine that all requirements for the home occupation, and the requirements of the international building code, are being complied with. (Ord. 2012-02)
17.38.070: REQUIREMENTS:
Each requirement listed below must be observed at all times by the holder of a home occupation permit:
A. The holder of a home occupation permit shall be a bona fide resident of the residence. Persons who are not bona fide residents of the premises shall not be employed on said premises, or come to the premises to receive regular work assignments.
B. The home occupation business shall be conducted wholly within the dwelling on the premises, and shall not exceed twenty five percent (25%) of the total floor area. The home occupation shall not occupy any area in the garage unless the garage still functions for parking of at least one vehicle, and as long as two (2) parking spaces for residential use are still available. Tandem parking in the driveway is not permitted.
C. Promotional meetings for the purpose of selling merchandise, taking orders, or training shall not be held more than once per month.
D. The home occupation may include the sale of commodities. However, it is the intent of this chapter that the items be primarily limited to those produced on the property, or items that are incidental to the service provided (i.e., a beautician who sells hair care or other beauty products to the clientele). Sales of products and services are allowed at the home with a maximum of two (2) nonoverlapping customers per hour.
E. No business or commercial sign or advertising shall be displayed on the premises except for an identification sign not larger than twelve inches by twelve inches (12" x 12") located on the inside of a window on the front of the home.
F. There shall be no storage of materials, samples, displays, or supplies outdoors, nor shall any indoor storage be visible from the exterior of the residence. In no case shall any materials, samples, supplies, machinery, or equipment be left, placed, stored, or parked on any public street or sidewalk area, or on any private street or sidewalk.
G. Only one vehicle may be used in connection with the home occupation. The vehicle used for the home occupation shall be limited to a maximum of one ton gross vehicle weight, nor shall a business be permitted that requires receipt or delivery of merchandise, goods, or equipment by other than a passenger vehicle, or parcel or delivery service vehicle in excess of those usually and customarily used for residential deliveries. No regular deliveries shall be made by semitractor, or semitrailer truck.
H. The home occupation shall not cause a demand for utility, garbage, or community services beyond those usually provided for residential use.
I. The home occupation shall not alter the residential character of the premises, nor unreasonably disturb the peace and quiet, including radio, television, and computer reception of the neighborhood by reason of color, design, materials, construction, lighting, sounds, noises, vibrations, or electronic disruptions.
J. The home occupation shall not cause, directly or indirectly, any excessive negative impacts on the residential neighborhood, including, but not limited to, noise, traffic, vehicular or pedestrian, or parking impacts, which cause three (3) or more persons residing within a five hundred foot (500') radius of the home occupation to file legitimate complaints, as determined by the zoning administrator, with the city concerning the home occupation. When complaints are filed, they will be investigated, and may result in the permit being called back before the planning commission for determination as to whether to continue the use, or to terminate it.
K. Any requirements established by the staff, or by the planning commission, authorized by this chapter regarding the home occupation application shall be made of record, and shall become the basis upon which the home occupation is approved or later reviewed.
L. A home occupation permit shall not be issued unless and until all other federal, state, county, city, and any other public agency license requirements to conduct said business have been met, unless city approval is a condition of receiving state or federal approval.
M. Most home occupations can be approved by the planning staff unless the staff feels that approval should be considered at a public meeting in order to allow adjoining neighbors the opportunity to respond.
N. The planning commission may grant a permit for an indefinite period of time, unless something in the nature of the use would require them to call it back up again to be reheard, reinstated, or possibly terminated. In all cases a permit shall be subject to termination for violating conditions of approval, of the purpose and intent of this chapter.
O. Any use may still be called back for review for cause. (Ord. 2012-02)
17.38.080: CATEGORIES OF PERMITTED AND NONPERMITTED USES:
A. In order to minimize traffic and parking problems and to avoid health, safety, and sanitation risks from the disposal of wastes, health service businesses are not permitted except for emergency consultation. Other uses, such as the repair or painting of automobiles, commercial kennels, commercial stables, and major appliance repair, lawnmower repair, or repair of similar motorized equipment, manufacturing and industrial type uses, and any other uses that the planning commission deems to be not in harmony with intent and character of the residential area, may be denied by the planning commission.
B. A sample of some uses that could be permitted as home occupations, as long as they meet the requirements of this chapter could include artist studios, architectural services, barber and beauty services, consulting services, computer services, computer business with sales away from the home, dance classes, music lessons, swimming lessons, tennis lessons, or any such lessons (not to exceed 10 students at any 1 time), data processing, secretarial services, family daycare not to exceed five (5) children plus those living at the residence, unless otherwise approved by the planning commission and licensed by the state of Utah. Other similar uses determined by the planning commission to be compatible with the intent and purpose of the residential zone and not specifically excluded herein, may also be approved. (Ord. 2012-02)
17.40.010: PURPOSE:
To provide for the regulation of land uses to ensure their compatibility and proper integration into the land use pattern of the City. Certain uses which may be harmonious under special conditions, but improper under general conditions, are classified as conditional uses and require conditional use permits for approval prior to construction. (Ord. 97-06 § 9-1)
17.40.020: PERMIT REQUIRED:
An approved conditional use permit shall be required for each conditional use listed in this title. No building permit or other permit or license shall be issued for a use requiring conditional use approval unless a conditional use permit shall first have been approved by the Planning Commission. (Ord. 97-06 § 9-2)
17.40.030: APPLICATION PROCESS:
Application for a conditional use permit shall be made at the City office in the same manner as a request for a zone change, subdivision plat review, or other similar planning request. (Ord. 97-06 § 9-3)
17.40.040: APPLICATION FEE:
The conditional use permit application shall be accompanied by a filing fee in an amount as may be established by the City Council from time to time. (Ord. 97-06 § 9-4)
17.40.050: DEVELOPMENT PLAN:
The applicant for a conditional use permit shall prepare a site plan and elevations (as may be necessary) for the site development proposed to be developed. The plan shall be drawn to scale, and shall show all existing and proposed buildings, fences, general landscape layout, automobile circulation, and parking, loading, garbage, lighting, signs, topography for irregular land, soils reports, vicinity map, drainage plan, and any other information that the Planning Commission may deem necessary to properly consider the application.
The Planning Commission will not consider a conditional use permit without the preparation and submission of an accurate and complete development plan. (Ord. 97-06 § 9-5)
17.40.055: GENERAL STANDARDS FOR APPROVAL OF CONDITIONAL USES:
A conditional use shall be approved if reasonable conditions are imposed to mitigate the reasonably anticipated detrimental effects of the proposed use. The following standards must be met in order to mitigate the reasonably anticipated detrimental effects, if imposed as a condition of approval:
A. Noise:
1. Excessive noise (unwanted or undesired sound) can cause serious impacts to health, property values, and economic productivity. Conditional uses shall not impose excessive noise on surrounding uses. "Excessive noise" generally means noise that is prolonged, unusual, or a level of noise that in its time, place and use annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others.
B. Dust:
1. Comply with all air quality standards, State, Federal and local.
2. Use shall not create unusual or obnoxious dust beyond the property line.
C. Odors:
1. Comply with all air quality standards, State, Federal and local.
2. Use shall not create unusual or obnoxious odors beyond the property line.
D. Aesthetics:
1. Blend harmoniously with the neighborhood so the use does not change the characteristics of the zone.
E. Safety:
1. Take the necessary measures to avoid or mitigate any safety problems created by the use, including problems due to traffic, rock fall, erosion, flooding, fire, hazardous materials, or related problems.
2. Uses shall not locate within the 100-year floodplain as identified by FEMA unless expressly recommended by the City Engineer in conformance with City engineering standards and all State, local and Federal laws.
F. Traffic:
1. Traffic increases due to the conditional use shall not cause streets or nearby intersections to fall more than one grade from the existing level of service grade or fall below a level of service "C".
2. Uses shall follow City access management standards and not create hazards to other drivers or pedestrians.
G. Height:
1. A building's height and scale shall fit into the overall context of the surrounding area.
2. Photo simulations may be required by City staff or Planning Commission showing all sides of the building(s) and showing how the building fits into the surrounding area, including its relationship to nearby ridges, hills, and buildings.
H. Hours Of Operation:
1. Nonresidential uses operating in proximity to or within a residential zone shall limit hours of operation so as not to disturb the peace and quiet of the adjacent residential area.
I. Utility Capacity:
1. Utility capacity is sufficient to support the use at normal service levels.
J. Public Health:
1. Use shall comply with all Sanitation and Solid Waste Disposal Codes.
2. Use shall not create public health concerns. (Ord. 2015-11)
17.40.060: PLANNING COMMISSION ACTION:
The Planning Commission may approve, modify, and approve, or deny the conditional use application made to the Planning Commission. The Planning Commission shall require such regulations and conditions as may deemed necessary to protect the public health, safety, welfare, and aesthetics of the area. In approving a conditional use permit, the Planning Commission shall find:
A. That the proposed use is necessary or desirable and will contribute to the general well being of the City;
B. That the use will not be detrimental to the health, safety, welfare, or aesthetics, or detrimental to property or improvements in the area;
C. That the proposed use will comply with the regulations of this title;
D. That the proposed use is in harmony with the intent and purpose of the general plan, or that the plan shall have first been amended through public hearing. (Ord. 97-06 § 9-6)
17.40.070: APPROVAL OF PLANS AND INSPECTION:
Upon approval of plans by the Planning Commission, a copy of the approved plan shall be placed on file in the City office. The City shall inspect the conditional use site during the course of construction and shall ensure that it complies with the conditions of the use permit that is on file. (Ord. 97-06 § 9-7)
17.40.080: TIME LIMITATION:
A conditional use permit shall be good for one year after approval. If, at the end of one year, construction has not been started, or, in the case of a home occupation business, a business license has not been issued, it shall become null and void, unless a request is made for extension by the applicant. In granting any request for extension, the commission shall find that substantial work shall have been accomplished toward its completion, or, in the case of a home occupation business, a business license application has been timely submitted, or that through no fault of the applicant, it has been impossible to diligently pursue the completion of the application. Extensions may be granted for periods of time, not to exceed six (6) months at each extension. Once construction is completed, or, in the case of a home occupation business, a business license has been issued, the permit shall require no further renewal except as provided in section 17.40.090 of this chapter, unless stipulated by the Planning Commission. (Ord. 98-31 § 2: Ord. 97-06 § 9-8)
17.40.090: REVOCATION:
A conditional use permit may be revoked upon failure to comply with the conditions imposed with the original approval of the permit, or, in the case of a home occupation business, upon failure to renew the associated business license for two (2) or more consecutive years, and the applicant shall be so notified of the revocation. The permit may be reinstated upon determination by the Planning Commission that the applicant intends to complete the project according to the plan approved, or as may be amended from time to time during construction or other performance of the conditional use through approval of the amendment by the Planning Commission. (Ord. 98-31 § 2: Ord. 97-06 § 9-9)
17.40.100: APPEAL OF DECISION:
Any person shall have the right to appeal the decision of the Planning Commission. Appeals from the decision of the Planning Commission shall be to the City Council. (Ord. 97-06 § 9-10)
17.42.010: FACILITY AND ANTENNA CRITERIA:
The purpose and intent of this chapter is to provide a uniform and comprehensive set of standards for the development of telecommunication facilities and installation of antennas. The regulations contained herein are designed to protect and promote public health, safety, community welfare and the aesthetic quality of Santa Clara as set forth within the goals, objectives and policies of the Santa Clara general plan; while at the same time not unduly restricting the development of needed telecommunications facilities and important amateur radio installation and encouraging managed development of telecommunication infrastructure to ensure Santa Clara's role in the evolution of technology. It is also the stated intent of this chapter to provide a public forum to ensure a balance between public concerns and private interest in establishing telecommunication and related facilities.
It is furthermore intended that, to all extent permitted by law, the city shall apply these regulations to specifically accomplish the following:
A. Protect the visual character of the city from the potential adverse effects of telecommunication facility development and minor antenna installation;
B. Ensure against the creation of visual blight within or along the city's scenic corridors and ridge lines;
C. Retain local responsibility for and control over the use of public rights of way to protect citizens and enhance the quality of their lives;
D. Protect the inhabitants of Santa Clara from the possible adverse health effects associated with exposure to high levels of NIER (nonionizing electromagnetic radiation);
E. Protect the environmental resources of Santa Clara;
F. Ensure that a competitive and broad range of telecommunications services and high quality telecommunications infrastructure are provided to serve the business community;
G. Create and preserve telecommunication facilities that will serve as an important and effective part of Santa Clara's emergency response network;
H. Simplify and shorten the process for obtaining necessary permits for telecommunication facilities while at the same time protecting the legitimate interests of Santa Clara citizens; and
I. Provide for the charging of reasonable, competitively neutral, nondiscriminatory fees for use of the public ways by telecommunication providers. (Ord. 99-26 § 1)
17.42.020: DEFINITIONS:
For the purpose of this chapter, the following words and phrases shall have the meaning respectively ascribed to them in this section:
ANTENNA: Any system of wires. poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure. Antennas shall included devices having active elements extending in any direction, and directional beam type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna. Antennas shall include cellular on wheels (COWs) and cellular on light trucks (COLTs) facilities; as well as dispatch carriers for specialized mobile radio (SMR) services and enhanced SMR (ESMR).
Building Mounted Antenna: Any antenna, other than an antenna with its supports resting on the ground, directly attached or affixed to a building, tank, tower, building mounted mast less than ten feet (10') tall and six inches (6") in diameter, or structure other than a telecommunication tower.
Directional Antenna Or Panel Antenna: Transmits and/or receives radio frequency signals in a directional pattern of less than three hundred sixty degrees (360°).
Ground Mounted Antenna: Any antenna with its base, single or multiple posts, placed directly on the ground or a mast less than ten feet (10') tall and six inches (6") in diameter.
Omni-Directional Antenna: Transmits and/or receives radio frequency signals in a three hundred sixty degree (360°) radial pattern. For the purpose of this chapter, an omni-directional antenna is up to fifteen feet (15') in height and up to four inches (4") in diameter.
Parabolic Antenna Or Satellite Dish Antenna: Any device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, bowl or cornucopia shaped and is used to transmit and/or receive electromagnetic or radio frequency communication signals in a specific directional pattern. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TVROs and satellite microwave antennas.
Portable Antenna: Any device used to transmit and/or receive electromagnetic or radio frequency communication/signals in a specific directional pattern, located on a portable or moveable base designed to be placed either for temporary or long term use at a given site.
Vertical Antenna: A vertical type antenna without horizontal cross sections greater than one-half inch (1/2") in diameter.
COLLOCATION: See definition of Telecommunication Facility.
COMMERCIAL USE: A use that involves the exchange of cash, goods or services, barter, forgiveness of indebtedness, or any other form, or the right to occupy space over any period of time.
DIRECT BROADCAST SATELLITE SERVICE (DBS): A system in which signals are transmitted directly from a satellite to a small (not exceeding 18 inches) home receiving dish. DBS competes with cable television.
EQUIPMENT BUILDING, SHELTER OR CABINET: A cabinet or building used to house equipment used by telecommunication providers to house equipment at a facility.
INHABITED AREA: Any residence, any other structure regularly occupied by people, or any outdoor area used by people on a regular basis.
LATTICE TOWER: A self-supporting support structure, erected on the ground, which consists of metal crossed strips or bars to support antennas and related equipment.
MAXIMUM CREDIBLE EARTHQUAKE: As defined by the uniform building code, zone 2B.
MONOPOLE: A wireless communication facility which consists of a monopolar structure, erected on the ground to support wireless communication antennas and connecting appurtenances.
NIER: Nonionizing electromagnetic radiation (i.e., electromagnetic radiation primarily in the visible, infrared, and radio frequency portions of the electromagnetic spectrum).
PUBLIC SERVICE USE OR FACILITY: A use operated or used by a public body or public utility in connection with any of the following services: water, waste water management, public education, parks and recreation, fire and police protection, solid waste management, transportation or utilities.
PUBLIC WAY: Means and includes all public streets and utility easements, now and hereafter owned by the city, but only to the extent of the city's right, title, interest or authority to grant a license to occupy and use such streets and easements for telecommunications facilities.
QUASI-PUBLIC USE: A use serving the public at large, and operated by a private entity under a franchise or other similar governmental authorization, designed to promote the interests of the general public or operated by a recognized civic organization for the benefit of the general public.
READILY VISIBLE: An object that stands out as a prominent feature of the landscape when viewed with the naked eye.
RELATED EQUIPMENT: All equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable, conduit and connectors.
SATELLITE EARTH STATION: A telecommunication facility consisting of more than a single satellite dish smaller than ten feet (10') in diameter that transmits to and/or receives signals from an orbiting satellite.
SILHOUETTE: A representation of the outline of the towers and antenna associated with a telecommunication facility, as seen from an elevation perspective.
STRUCTURE RIDGE LINE: The line along the top of a roof or top of a structure, if it has no roof.
TELECOMMUNICATION FACILITY: A facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, telecommunication towers or similar structures supporting said equipment, equipment buildings, parking area. and other accessory development.
Collocated Telecommunications Facility: A telecommunication facility comprised of a single telecommunication tower or building supporting one or more antennas, dishes, or similar devices owned or used by more than one public or private entity.
Commercial Telecommunications Facility: A telecommunication facility that is operated primarily for a business purpose or purposes.
Exempt Telecommunications Facility: Includes, but is not limited to, the following unless located within a recognized historic district:
A. A single ground or building mounted receive- only radio or television antenna including any mast, for the sole use of the tenant occupying a residential parcel on which the radio or television antenna is located; within an antenna height not exceeding twenty five feet (25');
B. A ground or building mounted citizens band radio antenna including any mast, if the height (post and antenna) does not exceed thirty five feet (35');
C. A ground, building, or tower mounted antenna operated by federally licensed amateur radio operator as part of the amateur radio service, if the height (post and antenna) does not exceed thirty five feet (35').
D. A ground or building mounted radio or television satellite dish antenna, which does not exceed thirty six inches (36") in diameter, for the sole use of the resident occupying a residential parcel on which the satellite dish is located; provided the height of said dish does not exceed the height of the ridge line of the primary structure on said parcel.
E. All citizens band radio antenna or antenna operated by a federally licensed amateur radio operator as part of the amateur radio service which existed at the time of the adoption of the ordinance codified in this chapter (September 1996).
F. Mobile services providing public information coverage of news events of a temporary nature.
G. Handheld devices such as cell phones, business band mobile radios, walkie talkies, cordless telephones, garage door openers and similar devices as determined by the city.
H. City government owned and operated receive and/or transmit telemetry station antennas for supervisory control and data acquisition (SCADA) systems for water, flood alert, traffic control devices and signals, storm water, pump stations and/or irrigation systems, with heights not exceeding thirty five feet (35').
I. A temporary facility with a monopole up to one hundred feet (100') in height, installed on a two foot (2') tall prefabricated structural steel frame foundation with concrete ballast blocks, equipment cabinets and a diesel generator, or similar technology. In no case shall the above-mentioned facility and associated equipment be located within three hundred feet (300') of a residential property that includes any dwelling unit(s). Also, such facilities must be approved as a temporary use under Chapter 17.24.100 to qualify for an exemption under this section of city code.
Major Telecommunications Facility: All telecommunication facilities not clearly set forth and included in the definitions of exempt, minor or minifacilities.
Mini Telecommunication Facility: An attached wireless communication facility consisting, but not limited to, the following unless located on a structure recognized as a historic landmark:
A. A single ground or building mounted receive- only radio or television antenna including any mast, or the sole use of the tenant occupying the parcel on which the radio or television antenna is located; with an antenna height not exceeding fifty feet (50');
B. A ground or building mounted citizens band radio antenna including any mast, if the height (tower, support structure, post and antenna) does not exceed seventy feet (70');
C. A ground, building, or tower mounted antenna operated by a federally licensed amateur radio operator as part of the amateur radio service, if the height (post and antenna) does not exceed seventy feet (70').
D. A ground or building mounted received-only radio or television satellite dish antenna, with diameter exceeding thirty six inches (36") but less than eight feet (8') in diameter, for the sole use of the resident occupying a residential parcel on which the satellite dish is located; provided the height of said dish does not exceed the height of the ridgeline of the primary structure on said parcel.
E. Exempt telecommunication facility located within a recognized historic district.
F. City owned and operated antennas used for emergency response services, public utilities, operations and maintenance if the height does not exceed seventy feet (70').
If a facility does not meet these criteria then it is considered either a "exempt", "minor" or "major" telecommunication facility.
Minor Telecommunications Facility: Any of the following:
A. Antenna which meet the definition of "mini" with the exception of the height limit.
B. Telecommunication facilities less than thirty five feet (35') in height and that adhere to section 17.42.090 of this chapter.
C. A single ground or building mounted whip (omni) antenna without a reflector, less than four inches (4") in diameter whose total height does not exceed thirty five feet (35'); including any mast to which it is attached, located on commercial and/or industrial zoned property.
D. A ground or building mounted panel antenna whose height is equal to or less than four feet (4') and whose area is not more than four hundred eighty (480) square inches in the aggregate (e.g., 1 foot diameter parabola or 2 foot by 11/2 foot panel) as viewed from any one point, located on commercial or industrial zoned property. The equipment cabinets shall be designed, placed and screened to be unobtrusive and effectively unnoticeable.
E. More than three (3) antennas, satellite dishes (greater than 3 feet in diameter), panel antennas, or combination thereof are proposed to be placed on the commercial or industrial parcel, including existing facilities.
F. Building mounted antennas which, in the opinion of the planning director, are unobtrusive or undetectable by way of design and/or placement on the building, regardless of number; when located on commercial or industrial zoned property.
G. Telecommunication facilities less than fifty feet (50') in height, in compliance with the applicable sections of this chapter, located on a parcel owned by the city of Santa Clara and utilized for public and/or quasi-public uses where it is found by the planning director to be compatible with the existing city uses of the property.
H. Telecommunication facilities, including multiple antennas, in compliance with the applicable sections of this chapter, located on an industrial parcel and utilized for the sole use and purpose of a research and development tenant of said parcel, where it is found by the city to be aesthetically compatible with the existing and surrounding structures.
I. Telecommunication facilities located on a structure recognized as a historic landmark.
If a facility does not meet these criteria then is considered a "major" telecommunication facility.
Multiple User Telecommunications Facility: A telecommunication facility comprised of multiple telecommunication towers or buildings supporting one or more antennas owned or used by more than one public or private entity, excluding research and development industries with antennas to serve internal uses only.
Noncommercial Telecommunications Facility: A telecommunication facility that is operated solely for a nonbusiness purpose.
TELECOMMUNICATIONS TOWER: A mast, pole, monopole, guyed tower, lattice tower, freestanding tower, or other structure designed and primarily used to support antennas. A ground or building mounted mast greater than ten feet (10') tall and six inches (6") in diameter supporting one or more antenna, dishes, arrays, etc. shall be considered a telecommunications tower. (Ord. 2024-13: Ord. 99-26 § 1)
17.42.030: GENERAL REQUIREMENTS:
The following requirements shall be met for all telecommunications facilities in any zoning district:
A. Any applicable general plan goals, objectives, programs and policies, specific plan, PUD standards, design guidelines, and the permit requirements of any agencies which have jurisdiction over the project;
B. All the requirements established by the other chapters of this code and Santa Clara zoning ordinance that are not in conflict with the requirements contained in this chapter;
C. The uniform building code, national electrical code, uniform plumbing code, uniform mechanical code, and uniform fire code, where applicable;
D. Any applicable airport land use compatibility criteria/policies and federal aviation administration regulations;
E. Any applicable easements or similar restrictions on the subject property, including adopted PUD standards;
F. Facilities and minor antennas cannot be located in any required yard setback area of the zoning district in which it is located with the exception of possible encroachment of the antenna array into airspace over said setback;
G. All setbacks shall be measured from the base of the tower or structure closest to the applicable property line or structure;
H. All commercial telecommunication facilities and minor antenna shall comply at all times with all FCC rules, regulations, and standards;
I. All telecommunication facilities shall maintain in place a security program, when determined necessary by and subject to the review and approval of the public safety director that will prevent unauthorized access and vandalism;
J. Satellite dish and parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function; and
K. All telecommunications carriers and providers engaged in the business of transmitting, supplying or furnishing of telecommunications originating or terminating in the city of Santa Clara shall register with the city pursuant to section 17.42.040 of this chapter. (Ord. 99-26 § 1)
17.42.040: REGISTRATION OF TELECOMMUNICATIONS CARRIERS AND PROVIDERS:
A. Registration Required: All telecommunications carriers and providers that offer or provide any telecommunications services for a fee directly to the public, either within the city of Santa Clara, or outside the corporate limits from telecommunications facilities within the city, shall register with the city pursuant to this chapter on forms to be provided by the city, which shall include the following:
1. The identity and legal status of the registrant, including any affiliates;
2. The name, address and telephone number of the officer, agent or employee responsible for the accuracy of the registration statement;
3. A narrative and map description of registrant's existing or proposed telecommunications facilities within the city of Santa Clara;
4. A description of the telecommunications services that the registrant intends to offer or provide, or is currently offering or providing, to persons, firms, businesses or institutions within the city;
5. Information sufficient to determine that the applicant has applied for and has received a certificate of authority required by the Utah public utility commission to provide telecommunications services or facilities within the city;
6. Information sufficient to determine that the applicant has applied for and received any construction permit, operating license or other approvals required by the federal communications commission (FCC) to provide telecommunications services or facilities within the city;
7. Such other information as the city may reasonably require.
B. Registration Fee: Each application for registration as a telecommunications carrier or provider shall be accompanied by a fee as set forth by resolution of the city council.
C. Purpose Of Registration: The purpose of registration under this section is to:
1. Provide the city with accurate and current information concerning the telecommunications carriers and providers who offer or provide telecommunications services within the city, or that own or operate telecommunication facilities with the city;
2. Assist the city in enforcement of this chapter;
3. Assist the city in the collection and enforcement of any license fees or charges that may be due the city; and
4. Assist the city in monitoring compliance with local, state and federal laws.
D. Amendment: Each registrant shall inform the city, within sixty (60) days of any change of the information set forth in this section. (Ord. 99-26 § 1)
17.42.050: AGREEMENT:
No approval granted hereunder shall be effective until the applicant and the city have executed a written agreement setting forth the particular terms and provisions under which the approval to occupy and use public ways of the city will be granted. (Ord. 99-26 § 1)
17.42.060: NONEXCLUSIVE GRANT:
No approval granted under this chapter shall confer any exclusive right, privilege, license or franchise to occupy or use the public ways of the city for delivery of telecommunications services or any other purposes. (Ord. 99-26 § 1)
17.42.070: RIGHTS GRANTED:
No approval granted under this chapter shall convey any right, title or interest in the public ways, but shall be deemed approval only to use and occupy the public ways for the limited purposes and tenn stated in the approval. Further, no approval shall be construed as any warranty of title. (Ord. 99-26 § 1)
17.42.075: EXEMPT FACILITIES; BASIC REQUIREMENTS:
Exempt facilities defined in section 17.42.020 of this chapter may be installed, erected, maintained and/or operated in any residential zoning district, except recognized historic districts, where such antennas are permitted under this title, without benefit of a building permit or other entitlement process, so long as all the following conditions are met:
A. The antenna use involved is accessory to the primary use of the property which is not a telecommunications facility;
B. In a residential zone, no more than one support structure for licensed amateur radio operator, satellite dish eight feet (8') or less in diameter, is allowed on the parcel;
C. Sufficient anticlimbing measures have been incorporated into the facility, as needed, to reduce potential for trespass and injury. (Ord. 99-26 § 1)
17.42.080: MINIFACILITIES; BASIC REQUIREMENTS:
Minifacilities defined in section 17.42.020 of this chapter may be installed, erected, maintained and/or operated in any residential, commercial or industrial zoning district where such antennas are permitted under this title, upon the issuance of a building permit which has received site plan and architectural review and approval by the city, so long as all the following conditions are met:
A. In a commercial or industrial zone, no more than three (3) antennas, satellite dish eight feet (8') or less in diameter; where adequate screening, at the discretion of the city, is provided; and the telecommunication facilities are solely for the use of the project site tenants, location subject to the discretional review and approval of the city.
B. Replacement of preexisting telecommunication facilities, installed under a prior approval under this chapter which is being proposed for replacement by equipment of identical or a smaller size, at the discretion of the city.
C. In a residential zone, where more than one but no more than three (3) antennas or satellite dishes (3 inches or less in diameter) are proposed.
D. Sufficient anticlimbing measures have been incorporated into the facility, as needed, to reduce potential for trespass and injury. (Ord. 99-26 § 1)
17.42.090: MINOR FACILITIES; BASIC REQUIREMENTS:
Minor facilities as defined in section 17.42.020 of this chapter may be installed, erected, maintained and/or operated in any commercial or industrial zoning district where such antennas are permitted under this title, upon the issuance of a minor conditional use permit, so long as all the following conditions are met:
A. The minor antenna use involved is accessory to the primary use of the property which is not a telecommunications facility.
B. The combined effective radiated power radiated by all the antenna present on the parcel is less than one thousand five hundred (1,500) watts.
C. The combined NIER levels produced by all the antenna present on the parcel does not exceed the NIER standard established in section 17.42.290 of this chapter.
D. The antenna is not situated between the primary building on the parcel and any public or private street adjoining the parcel, so as to create a negative visual impact.
E. The antenna is located outside all yard and street setbacks specified in the zoning district in which the antenna is to be located and no closer than twenty feet (20') to any property line.
F. None of the guy wires employed are anchored within the area in front of the primary structure on the parcel.
G. No portion of the antenna array extends beyond the property lines or into the area in front of the primary building on the parcel, so as to create a negative visual impact.
H. At least ten feet (10') of horizontal clearance exists between the antenna and any power lines, unless more clearance is required to meet CPUC standards.
I. All towers, masts and booms are made of a noncombustible material and all hardware such as brackets, turnbuckles, clips, and similar type equipment subject to rust or corrosion has been protected either by galvanizing or sheradizing after forming.
J. The materials employed are not unnecessarily bright, shiny or reflective and are of a color and type that blends with the surroundings to the greatest extent possible.
K. The installation is in compliance with the manufacturer's structural specifications and the requirements of the uniform building code.
L. The height of the facility shall include the height of any structure upon which it is placed, unless otherwise defined within this chapter.
M. No more than two (2) satellite dishes are allowed on the parcel, one of which may be over three feet (3') in diameter, but no larger than eight feet (8') in diameter, with adequate screening, at the discretion of the city.
N. Any ground mounted satellite dish with a diameter greater than four feet (4') that is situated less than five (5) times its actual diameter from adjoining property lines has screening treatments located along the antenna's nonreception window axes and low level landscape treatments along its reception window axes.
O. Any roof mounted panel antenna with a face area greater than three and one-half (31/2) square feet shall be located so as to be effectively unnoticeable.
P. Sufficient anticlimbing measures have been incorporated into the facility, as needed, to reduce potential for trespass and injury.
Q. The facility is located more than three hundred feet (300') from any residential dwelling unit, unless recognized as an exempt facility as set forth in section 17.42.020 of this chapter.
R. No trees larger than twenty inches (20") in diameter measured at four and one-half feet (41/2') high on the tree would have to be removed.
S. Any new building(s), structure(s), control panel(s), etc. shall be effectively screened from view from off site.
T. The site has an average cross slope of ten percent (10%) or less.
U. All utility lines to the facility from public or private streets shall be underground.
V. If located within a recognized historic district, or on a structure recognized as a historic landmark, that adequate screening has been provided.
W. The general criteria set forth in the chapter are met. (Ord. 99-26 § 1)
17.42.100: MINOR FACILITIES; REFERRAL:
The city may refer a conditional use permit for a minor telecommunications facility that meets all of the above standards if the city determines, at their sole discretion, that the public interest would be furthered by having the planning commission review this matter. In that case and the case of any proposed facility that fails to meet one or more of the standards listed above, a use permit approved by the planning commission shall be required to construct the facility in question. (Ord. 99-26 § 1)
17.42.130: MINIMUM APPLICATION REQUIREMENTS:
The following are the minimum criteria applicable to all telecommunication facilities, except exempt facilities as defined in section 17.42.020 of this chapter. In the event that a project is subject to discretionary and/or environmental review, mitigation measures or other conditions may also be necessary. All telecommunications facilities shall comply with the following:
A. The city shall establish and maintain a list of information that must accompany every application for the installation of a telecommunications facility. Said information may include, but shall not be limited to, completed supplemental project information forms, a specific maximum requested gross cross sectional area, or silhouette, of the facility; service area maps, network maps, alternative site analysis. visual impact demonstrations including mock ups and/or photo montages, visual impact analysis, NIER (nonionizing electromagnetic radiation) exposure studies, title reports identifying legal access, security considerations, lists of other nearby telecommunication facilities known to the city, master plan for all related facilities within the city limits of Santa Clara and within one- fourth (1/4) mile therefrom; and facility design alternatives to the proposal and deposits for peer review, if deemed necessary by the city. The city may release an applicant from having to provide one or more of the pieces of information on this list upon finding that in the specific case involved said information is not necessary to process or make a decision on the application being submitted; and
B. The city is explicitly authorized at their discretion to employ on behalf of the city an independent technical expert to review any technical materials submitted including, but not limited to, those required under this section and in those cases where a technical demonstration of unavoidable need or unavailability of alternatives is required. The applicant shall pay all the costs of said review, including any administrative costs incurred by the city. Any proprietary information disclosed to the city or the expert hired shall remain confidential and shall not be disclosed to any third party. (Ord. 99-26 § 1)
17.42.140: STANDARD AGREEMENTS REQUIRED:
A. A maintenance/facility removal agreement signed by the applicant shall be submitted to the city prior to approval of the use permit or other entitlement for use authorizing the establishment or modification of any telecommunications facility which includes a telecommunication tower, one or more new buildings/equipment enclosures larger in aggregate than three hundred (300) square feet, more than three (3) satellite dishes of any size, or a satellite dish larger than four feet (4') in diameter. Said agreement shall bind the applicant and the applicant's successors in interest to properly maintain the exterior appearance of and ultimately removal of the facility in compliance with the provisions of this chapter and any conditions of approval. It shall further bind them to pay all costs for monitoring compliance with, and enforcement of, the agreement and to reimburse the city for all costs incurred to perform any work required of the applicant by this agreement that the applicant fails to perform. It shall also specifically authorize the city and/or its agents to enter onto the property and undertake said work so long as:
1. The city has first provided the applicant the following written notices:
a. An initial compliance request identifying the work needed to comply with the agreement and providing the applicant at least thirty (30) calendar days to complete it. If the work is deemed to be a health and/or safety hazard to the general public, the city may take necessary steps to remedy the problem immediately; and
b. A follow up notice of default specifying the applicant's failure to comply with the work within the time period specified and indicating the city's intent to commence the required work within ten (10) working days;
2. The applicant has not filed an appeal pursuant to section 17.42.340 of this chapter within fourteen (14) working days of the notice required under subsection A1 of this section. If an appeal is filed, the city shall be authorized to enter the property and perform the necessary work if the appeal is dismissed or final action on it taken in favor of the city.
3. All costs incurred by the city to undertake any work required to be performed by the applicant pursuant to the agreement referred to in this section including, but not limited to, administrative and job supervision costs, shall be borne solely by the applicant. The applicant shall deposit within ten (10) working days of written request therefor such costs as the city reasonably estimates or has actually incurred to complete such work. When estimates are employed, additional monies shall be deposited as needed within ten (10) working days of demand to cover actual costs. The agreement shall specifically require the applicant to immediately cease operation of the telecommunication facility involved if the applicant fails to pay the monies demanded within ten (10) working days. It shall further require that operation remain suspended until such costs are paid in full.
B. Standard agreement required by subsection A of this section shall be accompanied by the payment of a fee, as established by resolution of the city council.
C. Standard agreement required by subsection A of this section shall include, but not be limited to, the following stipulations agreed to by the applicant:
1. Telecommunication facilities lessors shall be strictly liable for any and all sudden and accidental pollution and gradual pollution resulting from their use within the city of Santa Clara. This liability shall include cleanup, intentionally injury or damage to persons or property. Additionally, telecommunication facilities lessors shall be responsible for any sanctions, fines, or other monetary costs imposed as a result of the release of pollutants from their operations. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, electromagnetic waves and waste. Waste includes materials to be recycled, reconditioned or reclaimed.
2. The telecommunication facility provider shall defend, indemnify, and hold harmless the city or any of its boards, commissions, agents, officers, and employees from any claim, action or proceeding against the city, its boards, commission, agents, officers, or employees to attack, set aside, void, or annul, the approval of the project when such claim or action is brought within the time period provided for in applicable state and/or local statutes. The city shall promptly notify the provider(s) of any such claim, action or proceeding. The city shall have the option of coordinating in the defense. Nothing contained in this stipulation shall prohibit the city from participating in a defense of any claim, action, or proceeding if the city bears its own attorney fees and costs, and the city defends the action in good faith. (Ord. 99-26 § 1)
17.42.150: LIFE OF PERMITS:
A. A use permit issued pursuant to this chapter or a site plan approval issued pursuant to this chapter authorizing establishment of a telecommunication facility, except exempt facilities as defined in section 17.42.020 of this chapter, shall be reviewed every five (5) years. Costs associated with the review process shall be borne by the telecommunication facility owner/provider. Grounds for revocation of the conditional use permit, pursuant to section 26-509 of the Santa Clara zoning ordinance, shall be limited to a finding that: 1) the use involved is no longer allowed in the applicable zoning district, 2) the facility fails to comply with the relevant requirements of this chapter as they exist at the time of renewal and the permittee has failed to supply assurances acceptable to the city that the facility will be brought into compliance within one hundred twenty (120) days, 3) the permittee has failed to comply with the conditions of approval imposed, 4) the facility has not been properly maintained, or 5) the facility has not been upgraded to minimize its impact, including community aesthetics, to the greatest extent permitted by the technology that exists at the time of renewal and is consistent with the provisions of universal service at affordable rates. The grounds for appeal of issuance of a renewal shall be limited to a showing that one or more of the situations listed above do in fact exist or that the notice required under section 17.42.320 of this chapter was not provided.
B. If a use permit or other entitlement for use is not renewed, it shall automatically become null and void without notice or hearing ten (10) years after it is used or upon cessation of use for more than a year and a day, whichever comes first. Unless a new use permit or entitlement of use is issued, within one hundred twenty (120) days thereafter all improvements installed including their foundations down to three feet (3') below ground surface shall be removed from the property and the site restored to its natural preconstruction state within one hundred eighty (180) days of nonrenewal or abandonment. Any access road installed shall also be removed and the ground returned to its natural condition unless the property owner establishes to the satisfaction of the city that these sections of road are necessary to serve some other allowed use of the property that is permitted or is currently present or to provide access to adjoining parcels. (Ord. 99-26 § 1)
17.42.160: STRUCTURAL REQUIREMENTS:
No telecommunication facility shall be designed and/or sited such that it poses a potential hazard to nearby residences or surrounding properties or improvements. To this end, any telecommunication tower, except exempt facilities as defined in section 17.42.020 of this chapter, located at a distance of less than one hundred percent (100%) of its height from a habitable structure, property line, or other tower shall be designed and maintained to withstand without failure the maximum forces expected from wind and earthquakes when the tower is fully loaded with antennas, transmitters and other equipment, and camouflaging. Initial demonstration of compliance with this requirement shall be provided via submission of a report to the building official prepared by a structural engineer licensed by the state of Utah a describing the tower structure, specifying the number and type of antennas it is designed to accommodate, providing the basis for the calculations done, and documenting the actual calculations performed. Proof of ongoing compliance shall be provided via submission to the city at least every five (5) (self-supporting and guyed towers)/ten (10) (monopoles) years of an inspection report prepared by a Utah licensed structural engineer indicating the number and types of antennas and related equipment actually present and indicating the structural integrity of the tower. Based on this report, the city may require repair or, if a serious safety problem exists, removal of the tower. (Ord. 99-26 § 1)
17.42.170: BASIC TOWER AND BUILDING DESIGN:
All telecommunication facilities, except exempt facilities as defined in section 17.42.020 of this chapter, shall be designed to blend into the surrounding environment to the greatest extent feasible. To this end all the following measures shall be implemented:
A. Telecommunication towers shall be constructed out of metal or other nonflammable material, unless specifically conditioned by the city to be otherwise.
B. Telecommunication towers taller than thirty five feet (35') shall be monopole or guyed/lattice towers except where satisfactory evidence is submitted to the city, as appropriate, that a self-supporting tower is required to provide the height and/or capacity necessary for the proposed telecommunication use to minimize the need for screening from adjacent properties, or to reduce the potential for bird strikes. Maximum height allowance shall be eight feet (80') except that consideration may be given to heights up to one hundred twenty feet (120') at the discretion of the city council.
C. Satellite dishes other than microwave dishes shall be of mesh construction, except where technical evidence is acceptable to the city, as appropriate, is submitted showing that this is infeasible.
D. Telecommunication support facilities (i.e., vaults, equipment rooms, utilities, and equipment enclosures) shall be constructed out of nonreflective materials (visible exterior surfaces only) and shall be placed in underground vaults to all extent possible.
E. Telecommunication support facilities in an area of high visibility shall, where possible, be sited below the ridge line or designed (i.e., placed underground, depressed, or located behind earth berms) to minimize their profile.
F. All buildings, poles, towers, antenna supports, antennas, and other components of each telecommunications site shall be initially painted and thereafter repainted as necessary with a "flat" paint. The color selected shall be one that in the opinion of the city, is appropriate, to minimize their visibility to the greatest extent feasible.
G. The project description and permit shall include a specific maximum allowable gross cross sectional area, or silhouette, of the facility. The silhouette shall be measured from the "worst case" elevation perspective.
H. The city shall have the authority to require special design of the telecommunication facilities where findings of particular sensitivity are made (e.g., proximity to historic or aesthetically significant structures, views and/or community features).
I. Telecommunication facilities shall ensure that sufficient anticlimbing measures have been incorporated into the facility, as needed, to reduce potential for trespass and injury. (Ord. 99-26 § 1)
17.42.180: CRITICAL DISASTER RESPONSE FACILITIES:
A. All radio, television and voice communication facilities providing service to government or the general public shall be designed to survive a natural disaster without interruption in operation. To this end all the following measures shall be implemented:
1. Nonflammable exterior wall and roof covering shall be used in the construction of all buildings;
2. Openings in all buildings shall be protected against penetration by fire and windblown embers;
3. The telecommunication tower when fully loaded with antennas, transmitters, other equipment and camouflaging shall be designed to withstand the forces expected during the "maximum credible earthquake". All equipment mounting racks and equipment used shall be anchored in such a manner that such a quake will not tip them over, throw the equipment off its shelves, or otherwise act to damage it;
4. All connections between various components of the facility and with necessary power and telephone lines shall be protected against damage by fire, flooding, and earthquake; and
Measures shall be taken to keep the facility operational in the event of disaster.
B. Demonstration of compliance with requirements of subsections A1, A2, A4 and A5 of this section (fire only) shall be evidenced by a certificate signed by the public safety director on the building plans submitted.
C. Demonstration of compliance with requirements of subsections A3 through A5 (earthquake only) shall be provided via a second certification on said plans signed by a structural engineer or other appropriate professional licensed by the state of Utah. (Ord. 99-26 § 1)
17.42.190: LOCATION:
All telecommunication facilities shall be located so as to minimize their visibility and the number of distinct facilities present. To this end all of the following measures shall be implemented for all telecommunications facilities, except exempt facilities as defined in section 17.42.020 of this chapter:
A. No telecommunication facility shall be installed at a location where special painting or lighting will be required by the FAA regulations unless technical evidence acceptable to the city, as appropriate, is submitted showing that this is the only technically feasible location for this facility.
B. No telecommunication facility shall be installed on an exposed ridge line, in or at a location readily visible from Pioneer Parkway, a public trail, public park or other outdoor recreation area, or in property designated with a floodway (FW), park or open space (OS) on the Santa Clara general plan, unless it blends with the surrounding existing natural and manmade environment in such a manner as to be effectively unnoticeable and a finding is made that no other location is technically feasible.
C. No telecommunication facility that is readily visible from off site shall be installed closer than one-half (1/2) mile from another readily visible uncamouflaged or unscreened telecommunication facility unless it is a collocated facility, situated on a multiple user site, or blends with the surrounding existing natural and manmade environment in such a manner as to be effectively unnoticeable; or technical evidence acceptable to the city, as appropriate, is submitted showing a clear need for this facility and the infeasibility of collocating it on one of these former sites.
D. No telecommunication facility that is readily visible from off site shall be installed on a site that is not already developed with telecommunication facilities or other public or quasi-public uses unless it blends with the surrounding existing natural and manmade environment in such a manner so as to be effectively unnoticeable or technical evidence acceptable to the city, as appropriate, is submitted showing a clear need for this facility and the infeasibility of collocating it on one of these former sites. (Ord. 99-26 § 1)
17.42.200: HEIGHT DETERMINATION:
The height of a telecommunication tower shall be measured from the natural undisturbed ground surface below the center of the base of said tower to the top of the tower itself or, if higher, to the tip of the highest antenna or piece of equipment attached thereto. In the case of building mounted towers the height of the tower includes the height of the portion of the building on which it is mounted. In the case of "crank up" or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it is capable of being raised. (Ord. 99-26 § 1)
17.42.210: COLLOCATED AND MULTIPLE USER FACILITIES:
A. An analysis shall be prepared by or on behalf of the applicant, subject to the approval of the decision making body, which identifies all reasonable, technically feasible, alternative locations and/or facilities which would provide the proposed telecommunication service. The intention of the alternatives analysis is to present alternative strategies which would minimize the number, size, and adverse environmental impacts of facilities necessary to provide the needed services to the city and surrounding rural and urban areas. The analysis shall address the potential for collocation at an existing or a new site and the potential to locate facilities as close as possible to the intended service area. It shall also explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. Approval of the project is subject to the decision making body making a finding that the proposed site results in fewer or less severe environmental impacts than any feasible alternative site. The city may require independent verification of this analysis at the applicant's expense.
Facilities which are not proposed to be collocated with another telecommunication facility shall provide a written explanation why the subject facility is not a candidate for collocation.
B. All collocated and multiple user telecommunication facilities shall be designed to promote facility and site sharing. To this end telecommunication towers and necessary appurtenances, including, but not limited to, parking areas, access roads, utilities and equipment buildings shall be shared by site users when in the determination of the city, as appropriate, this will minimize overall visual impact to the community.
C. The facility shall make available unutilized space for collocation of other telecommunication facilities, including space for these entities providing similar, competing services. A good faith effort in achieving collocation shall be required of the host entity. Requests for utilization of facility space and responses to such requests shall be made in a timely manner and in writing and copies shall be provided to the city's permit files. Unresolved disputes may be mediated by the planning commission or city council. Collocation is not required in cases where the addition of the new service or facilities would cause quality of service impairment to the existing facility or if it became necessary for the host to go off line for a significant period of time.
D. Approval for the establishment of facilities improved with an existing microwave band or other public service use or facility, which creates interference or interference is anticipated as a result of said establishment of additional facilities, shall include provisions for the relocation of said existing public use facilities. All costs associated with said relocation shall be borne by the applicant for the additional facilities. (Ord. 99-26 § 1)
17.42.220: LIGHTING:
All telecommunication facilities shall be unit except for the following:
A. A manually operated or motion detector controlled light above the equipment shed door which shall be kept off except when personnel are actually present at night; and
B. The minimum tower lighting required under FAA regulations; and
C. Where tower lighting is required, it shall be shielded or directed to the greatest extent possible in such a manner as to minimize the amount of light that falls onto nearby properties. particularly residences. (Ord. 99-26 § 1)
17.42.230: ROADS AND PARKING:
All telecommunication facilities, except exempt facilities as defined in section 17.42.020 of this chapter, shall be served by the minimum roads and parking areas necessary. To this end all the following measures shall be implemented:
A. Existing roads shall be used for access, whenever possible, and be upgraded the minimum amount necessary to meet standards specified by the public safety director and public works director. Any new roads or parking areas built shall, whenever feasible, be shared with subsequent telecommunication facilities and/or other permitted uses. In addition, they shall meet the width and structural requirements of the public safety director and public works director.
B. Existing parking areas shall, whenever possible, be used; and
C. Any new parking areas constructed shall be no larger than three hundred fifty (350) square feet. (Ord. 99-26 § 1)
17.42.240: VEGETATION PROTECTION AND FACILITY SCREENING:
All telecommunications facilities shall be installed in such a manner so as to maintain and enhance existing native vegetation and to install suitable landscaping to screen the facility, where necessary. To this end all of the following measures shall be implemented for all telecommunication facilities, except exempt facilities as defined in section 17.42.020 of this chapter:
A. A landscape plan shall be submitted with project application submittal indicating all existing vegetation, identifying landscaping that is to be retained on the site and any additional vegetation that is needed to satisfactorily screen the facility from adjacent land uses and public view areas. The landscape plan shall be subject to review and approval of the site plan and architectural review process. All trees with trunks larger than four inches (4") in diameter shall be identified in the landscape plan with indication of species type, diameter at four and one- half feet (41/2') high, and whether it is to be retained or removed with project development;
B. Existing trees and other screening vegetation in the vicinity of the facility and along the access roads and power/telecommunication line routes involved shall be protected from damage, both during the construction period and thereafter. To this end, the following measures shall be implemented:
1. A tree protection plan shall be submitted with building permit or improvement plan. This plan shall be prepared by a licensed landscape architect and give specific measures to protect trees during project construction,
2. Grading, cutting/filling, and the storage/parking of equipment/vehicles shall be prohibited in landscaped areas to be protected and the drip line of any trees required to be preserved. Such area shall be fenced to the satisfaction of the city, as appropriate. Trash, debris, or spoils shall not be placed within these fences nor shall the fences henceforth be opened or moved until the project is complete and written approval to take the fences down has been received from the city, and
3. All underground lines shall be routed such that a minimum amount of damage is done to tree root systems;
C. All areas disturbed during project construction other than the access road and parking areas required under section 17.42.230 of this chapter shall be replanted with vegetation compatible with the vegetation in the surrounding area (e.g., ornamental shrubs or natural brush, depending upon the circumstances) to the satisfaction of the city;
D. Any existing trees or significant vegetation, on the facilities site or along the affected access area that die shall be replaced with native trees and vegetation of a size and species acceptable to the city; and
E. No actions shall be taken subsequent to project completion with respect to the vegetation present that would increase the visibility of the facility itself or the access road and power/telecommunication lines serving it. (Ord. 99-26 § 1)
17.42.250: FIRE PREVENTION:
A. All telecommunication facilities shall be designed and operated in such a manner so as to minimize the risk of igniting a fire or intensifying one that otherwise occurs. To this end all of the following measures shall be implemented for all telecommunication facilities, when determined necessary by the public safety director, except exempt facilities as defined in section 17.42.020 of this chapter:
1. At least one hour fire resistant interior surfaces shall be used in the construction of all buildings;
2. Monitored automatic fire extinguishing systems approved by the public safety director shall be installed in all equipment buildings and enclosures;
3. Rapid entry (KNOX) systems shall be installed as required by the public safety director;
4. Type and location of vegetation and other materials within ten feet (10') of the facility and all new structures, including telecommunication towers, shall have review for fire safety purposes by the public safety director. Requirements established by the public safety director shall be followed; and
5. All tree trimmings and trash generated by construction of the facility shall be removed from the property and properly disposed of prior to building permit finalization or commencement of operation, whichever comes first.
B. Demonstration of compliance with requirements subsections A1 through A5 of this section shall be evidenced by a certificate signed by the public safety director on the building plans submitted. (Ord. 99-26 § 1)
17.42.260: ENVIRONMENTAL RESOURCE PROTECTION:
All telecommunication facilities shall be sited so as to minimize the effect on environmental resources. To that end the following measures shall be implemented for all telecommunication facilities, except exempt facilities as defined in section 17.42.020 of this chapter:
A. No telecommunications facility or related improvements including, but not limited to, access roads and power lines shall be sited so as to create a significant threat to the health or survival of rare, threatened or endangered plant or animal species;
B. No telecommunications facility or related improvements shall be sited such that their construction will damage an archaeological site or have an adverse effect on the historic character of a historic feature or site;
C. No telecommunication facility shall be sited such that its presence threatens the health or safety of migratory birds;
D. The facility shall comply with all applicable city floodplain, floodway and storm drainage and erosion control regulations;
E. Potential adverse visual impacts which might result from project related grading or road construction shall be minimized;
F. Potential adverse impacts upon nearby public use areas such as parks or trails shall be minimized; and
G. Drainage, erosion, and sediment controls shall be required as necessary to abide soil erosion and sedimentation of waterways. Structures and roads on slopes of ten percent (10%) or greater shall be avoided. Erosion control measures shall be incorporated for any proposed facility which involves grading or construction near a waterway or on lands with slopes over ten percent (10%). Natural vegetation and topography shall be retained to the extent feasible. (Ord. 99-26 § 1)
17.42.270: NOISE AND TRAFFIC:
All telecommunication facilities shall be constructed and operated in such a manner as to minimize the amount of disruption caused to the residents of nearby homes and the users of nearby recreational areas such as public parks and trails. To that end all the following measures shall be implemented for all telecommunication facilities, except exempt facilities as defined in section 17.42.020 of this chapter:
A. Outdoor noise producing construction activities shall only take place on weekdays (Monday through Friday, nonholiday) between the hours of seven thirty o'clock (7:30) A.M. and five thirty o'clock (5:30) P.M. unless allowed at other times by the city;
B. Backup generators shall only be operated during power outages and for testing and maintenance purposes. If the facility is located within three hundred feet (300') of a residential dwelling unit, noise attenuation measures shall be included to reduce noise levels to an exterior noise level of at least an Ldn of sixty (60) dB at the property line and an interior noise level of Ldn of forty five (45) dB. Testing and maintenance shall only take place on weekdays between the hours of eight thirty o'clock (8:30) A.M. and four thirty o'clock (4:30) P.M.; and
C. Traffic, at all times, shall be kept to an absolute minimum, but in no case more than two (2) round trips per day on an average annualized basis once construction is complete. (Ord. 99-26 § 1)
17.42.280: VISUAL COMPATIBILITY:
A. Facility structures and equipment shall be located, designed and screened to blend with the existing natural or built surroundings so as to reduce visual impacts to the extent feasible considering the technological requirements of the proposed telecommunication service and the need to be compatible with neighboring residences and the character of the community.
B. The facility is designed to blend with any existing supporting structure and does not substantially alter the character of the structure or local area.
C. Following assembly and installation of the facility, all waste and debris shall be removed and disposed of in a lawful manner.
D. A visual analysis, which may include photo montage, field mock up, or other techniques shall be prepared by or on behalf of the applicant which identifies the potential visual impacts, at design capacity, of the proposed facility to the satisfaction of the city. Consideration shall be given to views from public areas as well as from private residences. The analysis shall assess the cumulative impacts of the proposed facility and other existing and foreseeable telecommunication facilities in the area, and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed telecommunication service. All costs for the visual analysis, and applicable administrative costs, shall be borne by the applicant. (Ord. 99-26 § 1)
17.42.290: NIER EXPOSURE:
A. No telecommunication facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end no telecommunication facility or combination of facilities shall produce at any time power densities in any inhabited area as this term is defined in section 17.42.020 of this chapter that exceed the ANSI (American National Standards Institute) C95.1-1992 standard for human exposure or any more restrictive standard subsequently adopted or promulgated by the city, county, the state of Utah, or the federal government.
B. Initial compliance with this requirement shall be demonstrated for any facility within three hundred feet (300') of residential uses or sensitive receptors such as schools, churches, hospitals, etc. and all broadcast radio and television facilities, regardless of adjacent land uses, through submission, at the time of application for the necessary permit or entitlement, of NIER (nonionizing electromagnetic radiation calculations) specifying NIER levels in the inhabited area where the levels produced are projected to be highest. If these calculated NIER levels exceed eighty percent (80%) of the NIER standard established by this section, the applicant shall hire a qualified electrical engineer licensed by the state of Utah to measure NIER levels at said location after the facility is in operation. A report of these measurements and his/her findings with respect to compliance with the established NIER standard shall be submitted to the city. Said facility shall not commence normal operations until it complies with, or has been modified, to comply with this standard. Proof of said compliance shall be a certification provided by the engineer who prepared the original report. In order to assure the objectivity of the analysis, the city may require, at the applicant's expense, independent verification of the results of the analysis.
C. Every telecommunication facility within three hundred feet (300') of an inhabited area and all broadcast radio and television facilities shall demonstrate continued compliance with the NIER standard established by this section. Every five (5) years a report listing each transmitter and antenna present at the facility and the effective radiated power radiated shall be submitted to the city. If either the equipment or effective radiated power has changed, calculations specifying NIER levels in the inhabited areas where said levels are projected to be highest shall be prepared. NIER calculations shall also be prepared every time the adopted NIER standard changes. If calculated levels in either of these cases exceed eighty percent (80%) of the standard established by this section, the operator of the facility shall hire a qualified electrical engineer licensed by the state of Utah to measure the actual NIER levels produced. A report of these calculations, required measurements, if any, and the author's/engineer's findings with respect to compliance with the current NIER standard shall be submitted to the city within five (5) years of facility approval and every five (5) years thereafter. In the case of a change in the standard, the required report shall be submitted within ninety (90) days of the date said change becomes effective.
D. Failure to supply the required reports or to remain in continued compliance with the NIER standard established by this section shall be grounds for revocation of the use permit or other entitlement. (Ord. 99-26 § 1)
17.42.310: EXCEPTIONS:
A. Exceptions to the requirements specified within this chapter may be granted through issuance of a conditional use permit by the planning commission. Such a permit may only be approved if the planning commission finds, after receipt of sufficient evidence, that failure to adhere to the standard under consideration in the specific instance will not increase the visibility of the facility or decrease public safety.
C. Tower setback requirements may be waived under any of the following circumstances:
1. The facility is proposed to be collocated onto an existing, legally established telecommunication tower; and
2. Overall, the reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible. (Ord. 99-26 § 1)
17.42.320: PUBLIC NOTICE:
In addition to the public notice required within this chapter, the following special noticing shall be provided:
A. Notice of consideration or a public hearing, as appropriate, on a minor or major use permit authorizing the establishment or modification of a telecommunication facility shall be provided to the operators of all telecommunication facilities, registered with the city of Santa Clara pursuant to section 17.42.040 of this chapter, within one mile of the subject parcel via mailing of the standard legal notice prepared.
B. Notice of the approval of a minor use permit by the city authorizing the establishment or modification of or the renewal of a permit for, a telecommunication facility or minor antenna needing site plan review, shall be mailed to all adjacent property owners within three hundred feet (300'). Mailing of said notice shall start a fourteen (14) calendar day appeal period. (Ord. 99-26 § 1)
17.42.330: AMBIGUITY:
In order to achieve consistent and efficient coordination and enforcement in the administration of this chapter, the city manager may delegate some person within the city to act in his/her stead and shall have the power and duties set forth below:
A. All duties as set forth in the Santa Clara zoning ordinance, including the authority to interpret this chapter to members of the public, to city departments and other branches of city government, including preliminary negotiation with and advice to applicants for administrative approval, subject to the policy of the city council. Said duties shall be carried out in consultation with the director of public works and the city manager. (Ord. 99-26 § 1)
17.42.340: APPEAL:
Any person who disagrees with a ruling or interpretation of the city regarding this chapter may appeal the matter to the land use authority. Such appeal shall be made in writing and filed with the city recorder within fourteen (14) calendar days of the ruling or interpretation. The city recorder will then transmit the appeal to the city manager, who will cause the matter to be placed on the agenda of the land use authority. If no appeal is made within that time, the ruling or interpretation shall be final. The appeal shall be addressed to the city recorder and shall set forth in writing the grounds for the appeal and the relief sought by the appellant. The hearing shall be scheduled within two (2) regularly scheduled meetings. The city shall notify in writing all persons who have demonstrated their interest in this matter of the time and place of the meeting on the appeal at least ten (10) calendar days prior to the meeting. The city shall transmit the application and all exhibits therewith to the land use authority for consideration. For the purposes of this section, a ruling is a discretionary action, e.g., a minor conditional use permit or a site plan and architectural review; and, an interpretation refers to the determination of the intent and application of provisions of this chapter. Application or enforcement of provisions of this chapter shall not be considered interpretations or rulings and are not subject to appeal. Notwithstanding this section, an individual may file for an exception from the provisions of this chapter pursuant to section 17.42.310 of this chapter. (Ord. 2006-02: Ord. 99-26 § 1)
17.44.010: GENERAL REQUIREMENTS:
The city council of Santa Clara, Utah, finds and declares that by controlling and standardizing signs in the city, the regulations set forth in this chapter will reduce potential hazards to motorists and pedestrians; encourage signs which, by their good design, are integrated with and harmonious to, the buildings and sites which they occupy; encourage legibility through the elimination of excessive and confusing sign displays; prevents confusion of business signs with traffic regulations; preserves and improves the appearance of the city as a place in which to live and trade; allow each individual business to clearly identify itself and the goods and services which it offers in clear and distinctive manner, safeguards and enhances property values, protects public and private investment in buildings and open space; supplements and promotes the health, safety and general welfare of the citizens of Santa Clara, Utah. (Ord. 2012-03)
17.44.020: INTERPRETATION:
The planning commission shall have the authority and duty to interpret the provisions of this chapter. In interpreting and applying the provisions, the sign requirements contained in this chapter are declared to be the maximum allowable for the purpose set forth unless specifically approved otherwise by the planning commission. The types of signs not specifically allowed, as set forth within this chapter, shall be prohibited unless otherwise approved by the planning commission. (Ord. 2012-03)
17.44.030: APPLICATION AND REVIEW PROCEDURES:
The application and review procedures for the installation of signs are identified as follows:
A. Permits: No person shall erect, alter, or relocate any permanent or temporary sign without first obtaining a sign permit, paying a permit fee, and a building permit from the city, unless the sign is exempt under this chapter.
B. Failure To Obtain Permit: Any person who hangs, posts, or installs a sign which requires a permit under this chapter, and who fails to obtain a permit, and pay the fee, before installing the sign, shall be guilty of a class C misdemeanor, and may be fined accordingly. (Ord. 2012-03)
17.44.040: SIGN DEFINED:
A "sign" means and includes every advertising message, announcement, declaration, demonstration, display, illustration, insignia, surface, or space erected or maintained in view of the observer thereof for identification, advertisement, or promotion of the interest of any person, entity, product, or service. The definition of a sign shall also include the sign structure, supports, lighting system, and any attachments, or other features used to draw attention of observers. (Ord. 2012-03)
17.44.050: TYPES OF SIGNS:
Abandoned, dangerous, or defective signs
Awnings and canopies
Banners
Construction signs
Directional or guide signs
Entrance/exit signs
Freestanding signs
Historic site signs
Monument signs
Prohibited signs
Project development signs
Public necessity signs
Residential signs
Signs not otherwise identified
Temporary or short term signs
Wall signs
Window signs (Ord. 2012-03)
17.44.060: AWNINGS AND CANOPIES:
A. Definitions:
AWNING: A covered structure of fabric or other material placed so as to extend outward from a building providing a protective shield for doors, windows, and other openings, supported by the building only.
CANOPY: A roofed structure constructed of fabric or other material placed so as to extend outward from a building providing a protective shield for doors, windows, and other openings, supported by the building and supports extended to the ground directly under the canopy or cantilever from the building, or freestanding supported from the ground.
B. Where Allowed: Awnings and canopies are permitted as signs in commercial, planned commercial and the Santa Clara Drive commercial and the mixed use corridor provided that they blend with the architecture and do not obscure the details of the building design, but should not be the dominant architectural features.
1. Awnings must be located in a traditional manner above doors, windows, or walkways, provided that walkways lead to a bona fide entrance.
2. All other locations for awnings are prohibited. Canopies may be attached to a building or may be freestanding, adjacent to the building.
C. Maximum Allowed:
1. Awnings and canopies are counted as signs to the extent that a part of the awning or canopy is used for advertising purposes. The square footage of the advertising portion of an awning or canopy shall be no greater than ten percent (10%) of the total square footage of the front wall of the building.
2. Lighting shall be indirect only. No flashing on and off lighting is allowed. Lights shall be installed in such a manner as to prevent rays of light to penetrate beyond the property on which such lights are located.
3. All awnings and canopies shall conform to all provisions of the building code. An awning or canopy shall maintain a minimum of eight feet (8') of clearance above any sidewalk and shall have no additional signs affixed to the awning or canopy or its support, apart from the building structure, that is not a part of the awning or canopy.
4. No awning or canopy may extend over public property. (Ord. 2012-03)
17.44.070: BANNERS:
A. Definition: A sign made of fabric or other nonrigid material with no enclosing framework and securely attached at each end to posts or to some rigid structure, or hung flush against the building wall. Banners also include pennants made out of a flexible, colored material, and inflatable materials, i.e., balloons.
Banners are intended to be of a temporary nature and not a permanent installation.
B. Banners Over Public Property:
1. Banners may be hung over public property for holidays, and community celebrations, to inform the community of an upcoming community event, or other special occasions that may be approved by the city. A "community event" shall be defined as a public event which is of interest to the city of Santa Clara as a whole.
2. Banners over public property shall require a sign permit, but may be hung without a sign permit fee being charged if approved by the city. Banners shall be hung by, or under the direction of, the city of Santa Clara, and in locations approved by the city.
3. Banners may be approved by the city staff to be hung for up to thirty (30) calendar days, depending on the event being advertised, and shall be removed within five (5) working days following the conclusion of the event.
4. Reservation of dates for a banner site may be made to the city up to three (3) months prior to the date of display. Sites will generally be given preference to annual events, or those tied to a specific date, holiday, or season.
5. All materials for hanging a banner shall be provided by the applicant.
6. A fee shall be payable to the city for the display of a banner unless otherwise set aside by the city council. Such fees shall be set from time to time by resolution of the city council.
7. Banners, and other temporary signs, may be used in connection with school activities on school property without a permit fee, and for periods of time approved by school officials, but shall be guided by the requirements of subsection B3 of this section.
C. Banners Over Private Property:
1. Banner signs for new businesses may be installed between poles or flush against the building wall on the property on the premises of a new business in order to announce the opening of such new business provided that such signs may only be erected for thirty (30) days prior to the business opening, and may remain for a period of thirty (30) days following the date of the opening.
2. Banners for special sales events may be installed for the advertised period of the sales event, and such events shall be separated by a minimum of a thirty (30) day period of time unless otherwise extended by approval of the city staff.
3. A permit shall be issued by the city staff, and a fee paid, for any banner request. The banner location shall be approved by the city staff.
4. Banners may be approved to be installed flush against the building wall, not to exceed ten percent (10%) of the wall surface of the building upon which it is placed.
5. No more than one banner per street front may be displayed at any one time on any business property.
6. Pennants and inflatable signs may be used under the same condition as banners, and for the same period of time as for banners, for new businesses or special sales events.
7. Banners, and other temporary type signs, may be used in connection with school activities on school property without a permit fee, for periods of time approved by school officials, but guided by the requirements of subsection C2 of this section.
8. Banners may be used temporarily in residential zones for such purposes as, "Welcome Home", "It's A Boy", "It's A Girl", "Congratulations", or other similar purposes. No permit is required but such banners should be removed within five (5) to ten (10) days following the event for which the banner is being displayed unless extended for cause by approval of the city staff. Any other use, without prior city approval is not permitted. (Ord. 2012-03)
17.44.080: FREESTANDING SIGNS:
A. Definition: A sign which is supported by one or more uprights, or braces which are fastened to, or embedded in the ground, or in a foundation in the ground. A freestanding sign is self- supporting and stands in place without support from any other source.
B. Where Allowed: Freestanding signs are permitted in the commercial zone located in the commercial corridor located along Santa Clara Drive lying east of the historic district/mixed use zone along Santa Clara Drive.
C. Maximum Allowed:
1. Freestanding signs shall not exceed twenty feet (20') in height. The bottom of a freestanding sign shall be a minimum of seven feet (7') above ground level. No portion of a freestanding sign shall be permitted to extend over public property or to impair the line of sight of a motor vehicle when located on private property.
2. Freestanding signs are limited to a maximum width of sixteen feet (16'), a sign height of thirteen feet (13'), which is twenty feet (20') minus seven feet (7'), and a sign area of two hundred eight (208) square feet, unless otherwise approved by the planning commission.
3. Business, projects, or parcels are limited to one freestanding sign, except that properties with more than five hundred feet (500') of continuous frontage, or five hundred feet (500') of frontage on more than one street, may, with staff approval, install two (2) freestanding signs.
4. Freestanding signs shall be located on the property so that no portion of the sign structure is any closer than four feet (4') from any property line.
5. No flashing on and off lighting is permitted. Message boards of most kinds may be approved by the city staff, or at their decision, the planning commission.
6. Buildings or clusters of buildings having more than one tenant or use shall provide a sign plan for the entire structure or project. This plan shall be approved by the city staff, or at their decision, the planning commission.
7. Snipe, or multiple smaller signs, shall not be attached to the signpost holding up a freestanding sign.
8. Projects using freestanding signs may also submit a plan for wall signs to the city staff for approval in connection with a freestanding sign.
9. Real estate for sale or lease or "Coming Soon" signs are permitted in the commercial zone. Signs may not be larger than four feet by eight feet (4' x 8') or a total of thirty two (32) square feet, and shall not exceed eight feet (8') in height. A sign permit for real estate signs shall not be required. Such signs shall be removed within thirty (30) days of sale, lease, or expiration of listing taking place. "Coming Soon" signs shall be approved by the city staff for an agreed upon period of time and may be extended by the city staff for cause, and shall be the same size as commercial real estate signs. (Ord. 2012-03)
17.44.090: WALL SIGNS:
A. Definition: Signs with messages or copy erected parallel and attached to or painted on the outside wall of a building and extending not more than ten inches (10") from the wall. A wall includes all window and wall area of a building in one plane of elevation.
B. Where Allowed: Wall signs may be placed so as to utilize existing architectural features of a building without obscuring them. Wall signs shall be oriented toward pedestrians or vehicles within close proximity of the sign.
Wall signs may be placed upon any side of a building in a commercial zone in the eastern entrance to the city on Santa Clara Drive, east of the city office. Wall signs may be allowed in a planned development commercial zone subject to planning commission approval as part of the planned development zone approval.
C. Maximum Allowed: The area of a wall sign regardless of where on the building it is placed shall be no greater than ten percent (10%) of the total square footage of the wall on which the wall sign is placed.
1. Signs on a mansard roof will be considered to be a part of the wall sign, and calculated as a part of the total square footage allowed.
2. Wall murals which are purely decorative in nature and content, and do not include advertising by picture or verbal message may be approved by the city staff, or may be referred to the planning commission for approval.
3. A plan for a wall sign may, with city staff approval, be approved in connection with a freestanding sign in areas where freestanding signs are approved, and may be approved in addition to a freestanding sign. (Ord. 2012-03)
17.44.100: WINDOW SIGNS:
A. Definition: Any sign placed in a window or door of a commercial business or professional office for the purpose of advertising any product or service offered inside the business.
B. Where Allowed: In any window of a commercial business or professional office space approved in this chapter.
C. Maximum Allowed: Window signs are not intended to be displayed for long periods of time, but rather for a short sale period not to exceed thirty (30) days.
1. Merchants, or professionals, may advertise special sales with signs on the inside of the windows, provided that they do not cover the complete window in which they are placed.
2. Window signs under this subsection C, do not require a permit from the city.
3. One permanent "open or closed" sign may be located in any window or door of a commercial business or professional office. Hours of operation signs may also be permanently placed on any window or door. (Ord. 2012-03)
17.44.110: MONUMENT SIGNS:
A. Definition: A freestanding sign, located on site having a maximum height depending upon the zone in which it is located, and having a closed base that provides support for the sign.
B. Where Allowed: Monument signs are encouraged in all commercial zones. Monument signs are required in all other areas of the city including planned developments, commercial sites, subdivision entrances, and historical mixed use zones, parks, schools, churches, and elsewhere as required or approved by the city staff, or as may be referred by the city staff to the planning commission. However, monument signs in a planned development commercial, PDC zone require planning commission approval.
C. Maximum Allowed:
1. Monument signs in commercial zones:
a. The maximum height of a monument sign shall be eight feet (8') including the sign base. The sign area of a monument sign shall not exceed seven feet (7') in vertical height.
b. The width of monument signs shall be a maximum of twelve feet (12').
c. The square footage of the monument sign shall not exceed eighty (80) square feet of actual advertisement area unless otherwise approved by the planning commission.
d. All monument signs shall be completely enclosed at the sign base. A minimum sign base height of one foot (1') is required utilizing materials and colors to match the building. The sign base will be required to run the entire horizontal length of the sign and shall have no sign copy. The sign base shall be designed to blend in with any proposed berming or contouring of the property.
e. Lighting shall be indirect, or for two-faced signs it may be illuminated from within the two (2) faces of the sign. Any lights used to illuminate the face of a single-face sign shall be directed away from adjacent properties or from oncoming vehicles or pedestrians.
f. No monument sign shall be located closer to the front property line than two feet (2').
2. Monument signs in mixed use or historic districts:
a. The maximum height shall be six feet (6'), and a width of eight feet (8').
b. The maximum sign advertising area shall be forty eight (48) square feet.
c. Monument signs shall be a minimum of two feet (2') behind property lines.
d. Lighting shall be indirect for a single-face sign and may be between the two (2) sign faces for a two-faced sign.
e. Monument signs in the mixed use zone may take different forms as may be approved by the planning commission. The planning commission may determine that signs that are in harmony with the purpose and intent, and architecturally compatible with the mixed use zone, may be approved as alternatives to monument signs otherwise required. Freestanding signs meeting the requirements of the commercial district may not be approved.
3. Monument signs in other areas:
a. Monument signs may be used as the permanent entrance to a subdivision, other planned residential development, parks, schools, churches, and elsewhere as required or approved by the planning commission. Such signs will comply with all monument sign requirements contained herein, unless otherwise approved by the planning commission. Applications shall indicate how such signs will be maintained and kept in good repair at all times, or be subject to removal by the city.
b. Sign height shall be limited to six feet (6'), and a width of eight feet (8').
c. The maximum advertising space shall be forty eight (48) square feet.
d. All monument signs shall be located a minimum of two feet (2') behind the property line. (Ord. 2023-03; Ord. 2012-03)
17.44.115: MENU BOARDS:
A. Definition: A sign located at a drive-in or drive-up window restaurant.
B. Maximum Allowed:
1. Menu board signs in commercial zones:
a. Two (2) freestanding or wall mounted menu board signs are allowed per business.
b. The maximum sign area shall be twenty-four (24) square feet per sign.
c. The maximum sign height shall be eight feet (8') for freestanding signs.
d. A menu board sign must be located on site in a location to not impair traffic visibility. (Ord. 2023-03)
17.44.120: SIGNS IN RESIDENTIAL AREAS:
A. Definition: "Residential signs" are signs that are allowed to be used on individual residential properties.
B. Where Allowed: These signs are allowed in all residential zones in connection with the existence of a residential dwelling being located on the residential lot.
C. Maximum Allowed: Only one identification sign is permitted on each parcel of property in all residential zones of the city and may be attached to the face of the dwelling, or located in the front yard area. Such sign shall be in the form of a nameplate not to exceed twelve inches by twenty four inches (12" x 24") in size.
1. In addition, each residential dwelling shall display house numbers attached to the dwelling not less than three inches (3") in height and two inches (2") wide, and shall be placed in an unobstructed location on the primary structure on the property, clearly visible from the street. The numbering required shall be in place not later than the issuance of a certificate of occupancy by the city.
2. Identification signs located in the front setback area of a residence shall be approved by the city staff. If rocks or other similar material is used for the base of an identification sign, the actual printed area of the sign shall not exceed twelve inches by twenty four inches (12" x 24") unless otherwise approved by the city staff. No yard identification sign or monument shall exceed thirty inches (30") in height.
3. No residential identification sign may be lighted in any fashion except for backlighting of address numerals.
4. Short term yard signs may be used in residential areas immediately prior to and during a yard sale, garage sale, or while an open house is in progress. Such signs do not require prior city approval, but shall be removed by sundown on the day of the sale. Signs not removed in twenty four (24) hours shall be deemed to be abandoned and may be removed by the city.
5. Real estate property for sale or lease signs on individual lots shall be no more than two feet by three feet (2' x 3') in size and shall not exceed six (6) square feet in area. The top of the sign or supporting members shall not exceed four feet (4') in height above the ground level.
6. All such signs shall be a minimum of two feet (2') inside the property line.
7. A sign permit for real estate signs shall not be required. Such signs shall be removed within thirty (30) days of the sale, lease, or the expiration of the real estate listing taking place.
8. Temporary banners are allowed in a residential zone subject to the requirements found in subsection 17.44.070C8 of this chapter. (Ord. 2012-03)
17.44.130: TEMPORARY SIGNS:
A. Definition: A temporary sign is a noncommercial sign intended for use during a specified limited time and which is not specifically prohibited or permitted elsewhere in this chapter.
B. Where Temporary Signs Are Prohibited: No person may post any temporary sign on city property or within any public right-of-way unless the person is an employee or agent of the city who is acting with authorization from the city council to post the temporary sign. Temporary signs may be used on private property only in accordance with this section.
C. Maximum Time Allowed: Temporary signs advertising an event or events may be placed up to sixty (60) days prior to the event or events and should be removed as quickly as possible after the event or events to which they relate. Temporary signs advertising real property for sale or lease shall also be removed as quickly as possible after the sale or lease closes. Any of the foregoing signs left for longer than five (5) days following the event(s) or closing to which they relate may be removed by the city.
D. Each temporary sign shall be maintained in good repair at all times, or it may be subject to removal by the city.
E. Temporary signs must be located at least two feet (2') behind the property line or public right-of-way, whichever is nearest. Only one (1) temporary sign is allowed on any one (1) parcel of property at any time. However. for up to sixty (60) days before a general. local government or special election. an unlimited number of political signs (see Chapter 17.44.135, Political Signs) may also be placed on any one 1 parcel of Property.
F. No temporary sign shall exceed thirty-two (32) square feet in area, or four feet (4') in height, except for project development signs or construction site signs, addressed below.
G. No permit is required for temporary signs, except for project development signs or construction site signs, addressed below. Permits for project development signs or constructions signs shall be obtained from Santa Clara City in the course of obtaining required development or construction approvals.
H. Swiss Days Exception: For the city’s annual Swiss Days celebration, temporary signs in the form of wood cow replicas may be displayed on private or public property for up to thirty (30) days prior to the start of Swiss Days, and fifteen (15) days following the conclusion of Swiss Days. The temporary signs including the wood cow replicas shall be placed so as not to block rights-of-way or create an obstruction of view when exiting a driveway or entering a public street from an intersection.
I. Project Development Signs:
1. A temporary sign advertising a subdivision or housing project may be used for a period of time not to exceed one (1) year from date of preliminary plat approval, unless extended by the city staff. Such temporary signs shall be removed when the project is sold out or completed.
2. Only one (1) such temporary sign may be erected per development project unless there are several access roads serving the project, in which case the city staff may determine the total number of signs to be allowed.
3. Project development signs may not exceed eight feet by eight feet (8' x 8') and may not exceed a height of twelve feet (12').
4. All project signs shall be removed when all original lots have been sold or when all lots for dwelling units have been sold. Project signs shall also be removed whether or not, or when, a permanent monument sign has been installed.
J. Construction Site Signs:
1. A construction site sign not exceeding six feet (6') in height shall be allowed on each lot or parcel of land after a building permit for that lot or parcel has been issued by the city. The sign shall be approved by the city staff.
2. A construction site sign shall not exceed sixteen (16) square feet in size or four feet by four feet (4' x 4') in dimensions.
3. A construction site sign may also include the owner’s name, site address, permit information, and any other information that may be required by the city.
4. Construction site signs shall be removed within five (5) days following the issuance of a certificate of occupancy by the city.
K. Exception for Safety: Temporary signs of any kind that create a hazard to health or safety may be moved or removed by city staff as they determine necessary. (Ord. 2025-05 § 1: Ord. 2019-13 § 1: Ord. 2018-02: Ord. 2012-03)
17.44.135: POLITICAL SIGNS:
A. Definition: A temporary sign that does not advertise products, goods, businesses, or services and that expresses an opinion or other point of view.
B. Political signs must be located at least two feet (2), from the back of sidewalk, or twelve feet (12), from a travel lane (public right-of-way), whichever is nearest. A park strip is located within the public right-of-way.
C. Political signs may be placed on private property with the owner’s permission up to sixty (60) days before a general, local government or special election and shall be removed within thirty (30) days following election day.
D. Political signs may not be located within 150 feet of a building where a polling place is located.
E. Political signs are subject to all requirements and provisions of the Annotated Utah Code and other laws as may be applicable. Such signs are regulated as follows:
1. Residential Zone. Individual signs may not exceed twelve (12) square feet in area. The maximum height of such signs shall be three feet.
2. Non-Residential Zones. Individual signs may not exceed twenty-four (24) square feet in area. The maximum height of such signs shell be four feet. (Ord. 2025-05, 5-28-2025)
17.44.140: DIRECTIONAL OR GUIDE SIGNS:
A. Definition: "Directional or guide signs" are signs which give direction to areas recognized by the City of Santa Clara to be of regional importance; may install a directional or guide sign at locations approved by the Planning Commission.
B. Where Allowed: At sites specifically requested by the applicant and approved by the Planning Commission.
C. Maximum Allowed: No sign may exceed thirty two (32) square feet in area, unless otherwise approved by the City staff. No sign may be lighted except by reflected lighting. (Ord. 2012-03)
17.44.150: PUBLIC NECESSITY SIGNS:
A. Definition: "Public necessity signs" include such things as no parking signs, street name signs, bus stop signs, speed limit signs, and other similar signs as approved by the city. These signs contain no advertising of any kind.
B. Where Allowed: Wherever it is determined by the city that such signs are needed to provide information to residents and visitors to the city.
C. Maximum Allowed: These signs may be allowed by the city without specific permits being granted for specific signs. However, permission for signs included in this category requires specific approval by the city, and may require city installation. (Ord. 2012-03)
17.44.160: HISTORIC SITE SIGNS:
A. Definition: Signs erected for the purpose of identifying sites of historical importance. These sites shall have been placed on either the Utah state historic register or the national historic register, or shall have been identified by the city of Santa Clara as having historical significance to the city.
B. Where Allowed: Historic signs are allowed anywhere in the city of Santa Clara where historic sites meeting the definition of a historic site are located.
C. Maximum Allowed: Standard signs in the historic/mixed use district on properties listed on the state or national historic register, may display one standardized sign in addition to any other signs allowed on the property. The standardized historic sign shall be no more than two feet by three feet (2' x 3') in size, and no more than six (6) square feet in area. (Ord. 2012-03)
17.44.170: ENTRANCE/EXIT SIGNS:
A. Definition: Signs allowed at the entrances to and from commercial, planned development, or mixed use property adjacent to a public street, or any way where one-way driveways have been approved by the city.
B. Where Allowed: Not more than one sign is allowed at the entrance driveway and one sign allowed at the exit driveway of business or professional locations. Entrance and exit signs do not apply to individual residential properties, but may be used in subdivision areas prior to the project being sold out, or in other areas subject to prior city approval.
C. Maximum Allowed: Each sign shall be no more than three feet (3') in height and may contain no more than six (6) square feet in area. (Ord. 2012-03)
17.44.180: SIGNS NOT OTHERWISE IDENTIFIED:
A. Definition: Signs not otherwise identified include all of the following signs: no solicitation signs, no trespassing signs, interior signs, flags, symbols, or insignias of government entities or agencies, and ball field signs.
B. Where Allowed: No soliciting signs may be located at the entranceway of any commercial business in any commercial, planned development, historic/mixed use zone. No trespassing signs may be posted on doors, windows, or other property entrances, or on a fence or property line. An interior sign may be located on the interior of buildings, set back at least two feet (2') from any window. Flags, symbols or insignias of governmental entities may be located at any location in the city where appropriate. Ball field signs may be located, where approved, in any city owned or operated ball field.
C. Maximum Allowed: No solicitation signs may not exceed one and one-half (1.5) square feet in size. No trespassing signs may not exceed one and one-half (1.5) square feet in size. There is no limit in the size of flags, symbols, or insignias identifying a governmental entity. There are no size requirements for interior signs. Ball field signs are limited in size to no more than four feet by eight feet (4' x 8'), shall be tastefully designed and painted, shall be kept in good repair, and shall be approved by the city park and recreation director prior to installation.
D. Review Of All Sign Requests: The planning commission shall review all requests for any type of sign not specifically identified in this chapter, or the detail of any sign identified but for which the requirements of this chapter may not be exactly followed in the site plan submitted. The planning commission may approve modifications of signs required by this chapter if doing so does not impair the intent of this chapter, and the health, safety, and welfare of the public. (Ord. 2012-03)
17.44.190: REMOVAL OF ABANDONED, DANGEROUS OR DEFECTIVE SIGNS:
A. Definition: Any sign which is applicable to any use which has been discontinued. Any sign in which the sign structure or body of advertisement is not kept safe and in good repair, or is defective in any other manner.
B. What Required: All signs are to be kept in good repair physically, and the content of advertising shall be kept in good, readable condition at all times.
C. Maximum Allowed: These signs may be found in any area of the city. A sign owner, if one can be located and identified, shall be notified of the defect found in connection with the sign, and said defect shall be corrected within thirty (30) days. If the sign is deemed by the city to be a public hazard, the city shall retain the right to remove such sign in order to protect the health, safety and welfare of the public.
D. Removal: If, on inspection, the city determines that a sign, or awning, permitted by this chapter is unsafe, unmaintained, or abandoned, the city may issue an order to the owner of the sign and occupant of the premises stating the nature of the violation and requiring them to repair or remove the sign within five (5) working days after receipt of a notice from the city. In an emergency, or if no owner can be identified or located, the city may cause the immediate removal of a dangerous or defective sign presenting an immediate hazard to public safety. (Ord. 2012-03)
17.44.200: PROHIBITED SIGNS:
A. Definition: These signs include types of signs that are not allowed within the city limits of the city of Santa Clara. These signs include any sign or advertising structure that was unlawfully erected without a required permit, or which fails to conform to any requirements of this chapter, or the requirements hereof.
B. Where Allowed: Signs in this group are not permitted anywhere within Santa Clara City.
C. Type Of Signs Included In This Category:
1. Abandoned signs.
2. A-frame signs.
3. Billboards designed for highway advertising.
4. Flashing on and off signs.
5. Hazardous or unsafe signs.
6. Mobile or portable signs.
7. Off premises signs - unless approved by the planning commission.
8. Roof signs projecting above the roofline.
9. Signs of any type in zones where they are not permitted by this chapter.
10. Signs resembling traffic control signs not properly authorized.
D. Obstruction/Interference Prohibited: Any sign erected at the intersection of any street, or driveway, in such a manner as to obstruct free and clear vision, or at any location where, by reason of the position, shape, color, size, or lighting, may interfere with, obstruct the view of, or be confused with, an authorized traffic sign, signal, or device, or which makes the words "stop", "drive-in", "danger", or any other phrases, symbols or characters, in such a manner as to interfere with, mislead, or confuse traffic.
E. Removal: If an illegal sign is identified by the city, an effort shall be made to identify or locate the owner of the sign. If such owner can be located, they shall be notified of the illegal status of their sign and shall be given five (5) days to bring the sign into conformance, or to remove the sign. Following this notification period, the city retains the right to remove any sign that is in violation of this chapter or that is not approved in some manner by the sign ordinance. (Ord. 2012-03)
17.45.010: PURPOSE AND SCOPE:
The purpose of this chapter is to promote the public health, safety and general welfare of the citizens and the economic development of Santa Clara City, while at the same time preserving the historic appearance and character of the city, by:
A. Requiring signage that reduces potential hazards to motorists and pedestrians;
B. Promoting signs which appear traditional (as defined in this chapter) and by their good design are integrated with and harmonious to the buildings and sites which they occupy;
C. Promoting signs that preserve and improve the appearance of the city's historic district;
D. Encouraging pedestrian oriented signage that promotes a walkable historic district;
E. Requiring sign legibility through the elimination of excessive and confusing sign displays;
F. Regulating signs in order to create a unique environment to attract visitors;
G. Preventing confusion of business signs with traffic regulation signs;
H. Allowing each individual business to clearly identify itself and the goods and services which it offers in a clear and distinctive manner;
I. Requiring signage that will safeguard and enhance property values;
J. Protecting public and private investment in buildings and open space;
K. Supplementing and being part of the zoning regulations imposed by Santa Clara City; and
L. Ensuring that commercial signs are designed for the purpose of identifying a business and its products in an attractive and functional manner, while serving primarily as general advertising for the business;
M. The historic and planning commissions shall not be prevented from deciding on relevant matters unanticipated by this chapter. (Ord. 2015-13)
17.45.011: INTERPRETATION:
The planning commission shall have the authority and duty to interpret the provisions of this chapter at the request of the city staff or when a written appeal of the heritage commission and/or the city staff decision is filed with the planning commission. In interpreting and applying the provisions of this chapter, the sign requirements contained herein are declared to be the maximum allowable for the purpose set forth. The city staff and/or the planning commission may determine that a larger or smaller sign is more appropriate based on the size and scale of the structure(s), pedestrian traffic, safety issues, orientation, and neighborhood compatibility. Sign types not specifically allowed as set forth within this chapter shall be prohibited. (Ord. 2015-13)
17.45.020: DEFINITIONS:
For purposes of this chapter, the following abbreviations, terms, phrases, and words shall be defined as specified in this section:
ALTERATIONS: As applied to a sign, means change or rearrangement in the structural parts or its design, whether by extending on a side, by increasing in area or height, or in moving from one location or position to another.
AREA OF SIGN: The area of a sign is measured by the area that encompasses the extreme limits of the writing, representation, emblem, or other display, including materials or colors of the background used to differentiate the sign from the structure against which it is placed. Sign area does not include structural supporting framework, bracing or wall to which the sign is attached. See sign types for maximum area of supporting framework.
If individual letters are mounted directly on a wall or canopy, the sign area shall be the area which encloses the letters, message or logo.
AWNING: A secondary covering attached to the exterior wall of a building used to keep the sun or rain off a storefront, window, or doorway. It is composed of a light structure covered with fabric, metal, glass or wood shutters.
BANNER: A strip, typically of fabric or vinyl, on which letters or logos are painted or written, hung up or carried on a crossbar, staff, string or between two (2) poles.
BILLBOARD: A permanent outdoor advertising sign that advertises goods, products, or services not sold on the premises on which said sign is located.
BUILDING FACE OR WALL: The window, door and wall area of a building on one plane or elevation.
CANOPY: A roofed structure constructed of fabric or other material that extends outward from a building, generally providing a protective shield for doors, windows, and other openings, supported by the building and supports extended to the ground directly under the canopy.
COMMUNITY OR CIVIC EVENT: A public event not intended specifically for the promotion of a product, political candidate or party, or commercial goods and services.
DISPLAY BOX: A freestanding or wall sign faced with glass or other similar material designed for the express purpose of displaying menus, current entertainment or other like items.
ELECTRONIC DISPLAY TERMINAL: An electronic terminal, screen, or monitor used to receive or provide information, advertise a good or service or promote an event.
FLIERS: A paper, sticker, poster, pamphlet, or other type of medium distributed by hand for identification, advertisement, or promotion of the interest of any person, entity, product, event, or service.
GRADE: The ground surface elevation of a site or parcel of land.
Grade, Existing: The grade of a property prior to any proposed development or construction activity.
Grade, Final: The finished or resulting grade where earth meets the building or sign after completion of the proposed development activity. The final grade shall not form a hill under a monument or pole sign for the purpose of raising the height of the sign. For the purpose of regulating sign height the planning commission may at its discretion establish final grade elevations, relative to the curb fronting the signage, for any building or sign with a final grade located more than twenty four inches (24") above or below the curb.
Grade, Natural: The grade of land prior to any development activity or any other manmade disturbance or grading.
HARMONY: Shall have the following meanings in this code:
A. In agreement;
B. Order or congruity of parts to their whole and one another;
C. Consistent, orderly, and pleasing arrangement of parts.
HEIGHT OF SIGN: The vertical distance measured from final grade to the top of the sign.
MASTER SIGN PLAN: A plan designed to show the relationship of signs for any building, cluster of buildings or any single building housing a number of users or in any arrangement of buildings or shops, which constitute a visual entity as a whole.
NAMEPLATE: A sign that identifies the name, occupation, and/or professions of the occupants of a premises.
PRIVATE PLAZA: Private property that generally serves as common area to adjoining commercial development and is free of structures, is hard surfaced and/or landscaped. Private plazas generally provide an area for pedestrian circulation, common amenities, and act as a gathering space for private or public purposes.
PROPERTY: Land and the buildings, owned or rented, upon it.
PUBLIC PROPERTY: Any property owned by a governmental entity.
REPRODUCTION: An object that has been designed and built to resemble a product or service.
SIGN: Shall mean and include a display of an advertising message, usually written, including an announcement, declaration, demonstration, product reproduction, illustration, insignia, surface or space erected or maintained in view of the observer thereof primarily for identification, advertisement, or promotion of the interest of any person, entity, product, or service, and visible from outdoors. The definition of a sign shall also include the sign structure, supports, lighting system, and any attachments, flags, ornaments or other features used to draw the attention of observers.
Sign, Abandoned: Any sign applicable to a use which has been discontinued for a period of twelve (12) months.
Sign, Address: A sign which identifies only the address of a property or tenant.
Sign, Awning: Any sign painted on or attached to an awning.
Sign, Cabinet: A frame covered by translucent material with the signage mounted to the translucent material.
Sign, Campaign: A temporary sign on or off premises, announcing, promoting, or drawing attention to a candidate seeking public office; or announcing political issues.
Sign, Canopy: Any sign painted or attached to a canopy.
Sign, Changeable Copy: A manually operated sign that displays graphics or a message that can be easily changed or altered.
Sign, Construction: A special use sign placed on a site identifying a new development.
A. Project Marketing Sign: A sign identifying the financial institution or real estate offerings of a development, and may include a plat map, and real estate information.
B. Construction Sign: A sign identifying the contractor and/or builder responsible for a project or development.
C. Construction/Project Marketing Sign: A combination of a construction sign and project marketing sign.
Sign, Directional (Guide Sign): Signs which serve as directional guides to recognized areas of regional importance and patronage, including:
A. Recreational and entertainment centers of recognized regional significance.
B. Major sports stadiums, entertainment centers or convention centers.
C. Historic landmarks, churches, schools, community centers, hospitals and parks.
D. Public safety, municipal directional, parking and essential services.
Sign, Directory: A sign to direct traffic, that contains the name of a building, complex, neighborhood or center and name and address of two (2) or more businesses being part of a building, complex, neighborhood or center.
Sign, Electronic: A window, wall, or other sign that changes messages through a marquee, reader board, electronic message center, or other replaceable copy area.
Sign, Gateway: A gateway sign is a sign mounted to or hanging from a wood or steel trellis or bridge.
Sign, Hanging: A sign attached underneath a canopy, awning or porch.
Sign, Historic: A sign that has existed in the historic district for more than fifty (50) years or did exist more than fifty (50) years ago.
Sign, Historic Replication: A sign, which is an exact replication, including materials and size, of a historic sign which once existed in the same location.
Sign, Hours Of Operation: A sign that displays the hours during which the building's tenant serves the public and may include basic business information (see section 17.45.090 of this chapter).
Sign, Internally Illuminated: A sign face which is lit by a light source located within the sign.
Sign, Monument: A sign that is supported by the ground or columns and not attached to any building or wall.
Sign, Municipal Identification: A sign designed specifically for the purpose of notifying motorists of Santa Clara City's municipal boundary and welcoming them to Santa Clara City.
Sign, Neon: A sign that is outlined, or has characters, letters, figures, or designs made with luminous tubes, such as neon, argon, LED or fluorescent.
Sign, Nonconforming (Legal): Any advertising structure or sign which was lawfully erected and maintained prior to such time as it came within the purview of this chapter and any amendments thereto, and which fails to conform to all applicable regulations and restrictions of this chapter.
Sign, Off Premises: A sign identifying a business, commodity, service, or industry, which is not conducted upon the premises on which the sign is placed.
Sign, On Premises: A sign that identifies the name, occupation, and/or professions of the occupants of the premises.
Sign, Open/Closed: A sign which reads "open" or "closed".
Sign, Pole: A freestanding sign that is supported by one or two (2) uprights.
Sign, Portable: A sign that can be moved from place to place.
Sign, Projection: A sign that utilizes a beam of light to project a visual image or message onto a surface.
Sign, Public Necessity: A sign that informs the public of danger or a hazard.
Sign, Roof: A sign erected or painted upon or above the roof or parapet of a building.
Sign, Solicitation: Sign used to communicate with solicitors.
Sign, Temporary: A sign which is intended for use during a specified limited time.
Sign, Umbrella: A sign painted on or attached to an umbrella, including name brands and symbols.
Sign, Wall: A sign with messages or copy erected parallel to and attached to or painted on the outside wall of a building.
Sign, Window: A sign installed or painted upon the glazed portion of a window or door. This term does not include merchandise displays.
THEATER MARQUEE: A permanent sign, with changeable copy, that is used to advertise theater events.
TRADITIONAL SIGN: A sign that is constructed using sign making methods which might have existed in Santa Clara up to the year 1959. Modern techniques may be used to construct signs in the historic district if the resulting sign appears as if it was constructed using traditional methods and materials (e.g., hand painted signs, carved wood, cast metal, wrought iron, etc.).
UMBRELLA: A collapsible shade for protection against weather consisting of fabric stretched over hinged ribs radiating from a central pole.
VILLAGE: A group of three (3) or more adjacent businesses on the same or different parcels of land, all of which share a common architecture and a common name (e.g., "Ancestor Square" in St. George, Utah).
WALL MURAL: A work of art, such as a painting applied directly to a wall, fence, pavement, or similar surface that is decorative in nature and content. (Ord. 2015-13)
17.45.030: PERMITS:
No person shall erect, alter, or relocate any sign requiring a permit within the historic district of Santa Clara City without first submitting a sign application and receiving approval from the city staff when the master sign plan has already been approved by the heritage commission; otherwise a permit shall be brought before the heritage commission for approval. If the city staff deems it necessary any permit application can be brought before the heritage commission for approval. (Ord. 2015-13)
17.45.040: APPLICATION REQUIREMENTS:
All sign applications shall be submitted to the city to be reviewed for compliance with the requirements set forth in this chapter. A complete sign application must include the following:
A. Building Elevations/Site Plan: Signs proposed to be mounted on a building require a photorealistic image of the sign superimposed on a photograph of the building elevation or a rendered image of the building with the proposed sign. Monument, gateway and pole signs require a site plan indicating the proposed sign location as it relates to property lines, adjacent streets and adjacent buildings along with a color image of the proposed sign and a color photograph of the building.
B. Scaled Design Drawing: A scaled drawing including dimensions of all sign faces, descriptions of materials to be used, and color samples.
C. Calculations: Provide calculations showing compliance with this chapter including the area of the building facade to receive signage, the area of each sign and the total area of all signs.
D. Lighting: A drawing indicating the location, fixture type and lamp color of all exterior lighting for the proposed signs.
E. Application Forms: A completed sign permit application.
F. Fees: Payment of the appropriate fees to Santa Clara City. (Ord. 2015-13)
17.45.050: REVIEW PROCEDURES:
Completed sign permit applications will be initially reviewed by the city staff within five (5) working days upon receipt of a complete application. Upon request by city staff an application may be reviewed by the heritage commission at the next regularly scheduled meeting. Applicants are encouraged to attend the heritage commission meeting when the application will be discussed.
The application will be approved, denied or returned to the applicant with requested modifications. Any denial shall clearly state in writing the reason(s) for such denial. Refer to section 17.45.160, "Appeals", of this chapter.
The city staff shall inspect signs regulated by this chapter to determine if they have been suitably installed and maintained per the requirements of this chapter. (Ord. 2015-13)
17.45.060: UNSAFE SIGNS AND SIGNS IN VIOLATION OF THIS CHAPTER:
If, upon inspection, the city determines a sign permitted by the Santa Clara City sign ordinance to be unsafe, not maintained, or abandoned, or otherwise in violation of this chapter, the city may issue a written order to the owner of the sign and occupant of the premises stating the nature of the violation and requiring them to repair or remove the sign within thirty (30) working days after receipt of notice from the city. In cases of unsafe signs, the city may require the immediate removal of a dangerous or defective sign. Signs removed in this manner must present an imminent hazard to the public safety. Removal costs shall be paid for by the property owner. (Ord. 2015-13)
17.45.070: NONCONFORMING SIGNS:
Nonconforming signs that have been lawfully erected shall be deemed to be legal and lawful signs and may be maintained subject to the provisions of this chapter.
A nonconforming sign may not be relocated except when such relocation brings the sign into compliance with this chapter or the sign has significant historic value. Relocated signs require the approval of the city staff.
A. Alteration Of Nonconforming Signs: Nonconforming signs may be maintained and repaired provided that the maintenance and repairs are for the purpose of maintaining the sign in its original condition. Alterations to a nonconforming sign that change the size, use, color, lighting, or appearance of a nonconforming sign shall comply with the applicable standards of this chapter. (Ord. 2015-13)
17.45.080: PROHIBITED SIGNS:
No person shall erect any sign as specified in this section.
A. Animated Signs: A rotating or revolving sign, or signs where all or a portion of the sign moves in some manner. Except for historic signs and historic replica signs where the applicant is able to prove through documentation or other evidence that the original historic sign produced the same motion/movement and is proposed in the same location. This requirement does not prohibit the installation of animated clocks where permitted by the city of Santa Clara.
B. Banners: Except as approved as a temporary sign in section 17.45.150, "Banners On City Light Standards", of this chapter.
C. Bench Signs: Any outdoor bench or furniture with any signs.
D. Billboards: An off premises sign designed for highway advertising.
E. Electronic Signs: Electronic signs which change copy electronically using switches and electric lamps, such as announcements, time, temperature and date signs are prohibited except as permitted in subsection 17.45.120J of this chapter. Governmental public safety, municipal directional and information signs are exempt.
F. Flashing Signs Or Lights: A sign that contains an intermittent or flashing light source, or a sign that includes the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source. Flashing light sources are prohibited.
G. Inflatable Signs Or Displays: Any inflatable object used for signs or promotional purposes.
H. Off Premises Signs: No person shall erect a sign identifying a business, commodity, service, or industry, which is not conducted upon the premises on which the sign is placed except for directories. Temporary event posters and fliers may be permitted (see subsection 17.45.090I of this chapter).
I. Projection Signs: A sign which projects a visual image or message onto a surface is prohibited.
J. Reproduction: The use of an inanimate object that has been constructed to look like a product or service for the purpose of advertisement or display is prohibited.
K. Roof Signs: Any signs erected partly or wholly on or over the roof of a building. Signs mounted anywhere on a mansard roof are not allowed. See figure 100.1 of this section.
L. Signs In Public Places: No person shall paint, mark, write on, staple, tape, paste, post, or otherwise affix, any flier, sticker, poster, or sign to any public building, structure, or property, including, but not limited to, a work of art, sidewalk, crosswalk, curb, curbstone, parking meter, park strip, street lamp post, hydrant, tree, shrub, tree stake or guard, electric light or power or telephone wire or pole, or wire appurtenance thereof, or any lighting system, public bridge, drinking fountain, lifesaving equipment, street sign, street furniture, trash can, or traffic sign except as permitted in this chapter. Swiss Days signs and Swiss Days sponsor signs may be located in the landscape islands along Santa Clara Drive provided that the city determines that they are not a hazard.
M. Wind Signs: Includes any propeller, whirling, or similar device that is designed to flutter, rotate, or display other movement under the influence of wind. This shall include "gasoline flags", or banners.
N. Video Signs: Animated visual messages that are projected on a screen.
O. Channel Letter Signs: See figure 100.2 of this section.
P. Neon Signs: Except for neon signs that spell out the words "Open" or "Closed". Flashing neon signs are not permitted.
Q. Vinyl Signs: Signs printed on vinyl sheets shall not be approved except as permitted by subsection 17.45.110G of this chapter.
FIGURE 100.1
FIGURE 100.2
FIGURE 100.3
(Ord. 2015-13)
17.45.090: NONREGULATED SIGNS:
The following signs are exempt from the application requirements as provided in section 17.45.040 of this chapter. They shall be regulated as follows:
A. Application Requirements: Signs that are exempt from the application requirements as stated in chapter 17.44 of this title.
B. Hours Of Operation Signs: One "hours of operation" sign is allowed per entrance. Such sign may contain the following information: business name, day and hours of operation, street address, and contact information such as proprietor name, phone number, e-mail address, website, etc. Each sign may not exceed one and one-half (1.5) square feet in area. The sign may not be illuminated.
C. Private Plazas: Signs may be installed in private plazas without obtaining individual sign permits provided that such signs conform to an approved master sign plan and are not visible from the public way.
D. Public Necessity Signs: Public necessity signs for safety, warnings, trailheads, bus stops, parking, no parking, and street name signs installed by or with permission of Santa Clara City are exempt from permit requirements. Approval of the city is required in order to ensure safe placement and prevent unsightly or distracting sign placement.
E. Solicitation Signs: One "no solicitor" sign, not to exceed one square foot, is allowed per major entrance to any building or apartment complex.
F. Trespassing Signs: "No trespassing" signs may be posted on doors, windows or other property entrances, or on fence or property lines. They may not exceed one square foot in area, and may not be illuminated.
G. Vacancy Signs: Vacancy signs are allowed only for those buildings that are permitted and licensed for nightly rentals. Vacancy signs may be a maximum of two (2) square feet. If illuminated, approval from the city staff and heritage commission is required.
H. Open/Closed Signs: Each sign may not exceed one and one-half (1.5) square feet in area. Only one sign may be illuminated.
I. Event Posters: Temporary event posters not exceeding twenty inches by thirty inches (20" x 30") may be displayed in windows or on doors for a maximum of thirty (30) days. Posters must be removed when the event date has passed. Events may be on site or off site. The preferred location for event posters is inside the building. (Ord. 2015-13)
17.45.100: MASTER SIGN PLANS:
Each business may have multiple permanent signs. These may be awning or canopy, monument, hanging, wall, or pole style. These permanent signs may not be printed on pliable material (such as vinyl or cloth); primary signs must be constructed out of materials of a more permanent and rigid nature. In addition, each business may be permitted to utilize a number of temporary signs; the number of which can be used on a regular or rotating basis will be determined by the commission. All signage must be applied for and presented to the heritage commission through a master sign plan unless otherwise allowed by this chapter. The master sign plan must include the number and area of both current and proposed signage (including temporary signs) and should have a drawing(s), sketch(es) or photorealistic depiction(s) of the proposed plan to help aid in reasonably visualizing the proposal. The heritage commission will determine what can reasonably be permitted giving consideration to street frontage, size and scale of the building and of the property. Businesses are encouraged to plan ahead for future signage needs.
A. Multiple Tenant Master Sign Plan: Buildings or clusters of buildings within a project or premises, having more than one tenant or use, shall submit a master sign plan application for the entire structure or project prior to any sign permit approval.
1. Design: The master sign plan shall be designed to establish a common theme or design for the entire building, using similar construction methods, compatible colors, scale, and backgrounds. This is not meant to require monotony, but to require variety while maintaining compatibility. All regulations as stated in this chapter shall be addressed in the master sign plan.
2. Master Sign Plans For Office Buildings: Master sign plans for office buildings must focus primarily on the identification of the building. Individual tenants may be identified with lettering on exterior windows, doors, or a building directory.
3. Sign Area: Total sign area within the master sign plan is subject to the size limitations of this chapter. Sign area cannot be transferred to a single building or facade from other buildings in the project.
4. Lighting: Master sign plans shall include the location and fixture type of all exterior lighting of the proposed signs. The lighting plan shall comply with the lighting standards as stated in subsection 17.45.110J of this chapter. Lighting fixtures shall be similar in style, compatible with the architecture and should direct all light onto the sign surface.
B. Advertising Master Sign Plan: Individual business owners who anticipate the need to change temporary signage frequently are encouraged to submit a master sign plan for temporary advertising to the city. The purpose of said plan is to eliminate the need to apply for repetitive sign permits for temporary signs where such are used on a regular basis.
1. Where Permitted: This type of master sign plan is intended for businesses that have a need to advertise new products for sale (when the product will be available on a temporary basis) or where the business has frequent or seasonal sales.
2. Permit: A permit shall be issued by the city for the master sign plan and a fee required by the city. Review and approval of the master sign plan is required before it may be implemented. Permits for temporary signage covered under the master sign plan, once approved, will not require further permits as long as the approved plan is followed. Said plan may be amended from time to time through the same process. Refer to section 17.45.050 of this chapter for review procedures. Refer to the city general sign ordinance for standards relative to temporary signs. (Ord. 2015-13)
17.45.110: SIGN STANDARDS:
A. Cumulative Sign Area Requirements: The allowable sign area per sign is specified in this section through section 17.45.130 of this chapter. The cumulative sign area per business shall not exceed one hundred (100) square feet consistent with the master sign plan. Signage affixed to a building facade may not exceed ten percent (10%) of the building facade. For double faced signs (where both sides are the same) only one side shall be counted against the square footage requirements. Nonregulated signs (except for private plaza signs), murals and umbrella signs are not included in the cumulative sign area. Signs included as part of a master sign plan shall be included in the cumulative sign area.
B. Area Of Individual Signs: The area of a sign shall include the entire area within any type of perimeter or border that may enclose the outer limits of any writing, representation, emblem, figure, or character, exclusive of the supporting framework.
C. Individual Letter Height: Signs shall be limited to a maximum letter height of eighteen inches (18"). A single letter which is a signature letter or logo of the business need not comply with this requirement. For information a nine inch (9") high letter with clear type will be legible in the historic district from vehicles passing at thirty (30) miles per hour.
D. Location On Building: The location of a sign on a structure or building has a major impact on the overall architecture of the building. To ensure that signs enhance this architecture, the following criteria must be met:
1. Height: The name of a building or business may be located at the top of a building wall, but not above the parapet wall or roofline.
2. Location: Architectural details of a building often provide an obvious location, size, or shape for a sign. Wherever possible, applicants should utilize these features in the placement of signs. See figure 110.1 of this section.
FIGURE 110.1
3. Compatibility: A sign, including its supporting structure and components, shall be designed as an integral design element of a building and shall be architecturally compatible, including color, with the building to which it is attached. Signs should not obscure historically significant architectural details of the building.
E. Setback Requirements: Permanent or temporary signs shall not be placed in the public right of way except as permitted in this chapter.
F. Projection And Clearance: No portion of a hanging, projecting, or pole sign including its support may project more than forty eight inches (48") from the face of a building or pole. Projecting and hanging signs must maintain at least eight feet (8') of clearance from ground level. Awning clearances are covered in section 17.45.120 of this chapter.
G. Sign Materials: The sign materials should be compatible with the face of the building and should be colorfast and resistant to corrosion. Signs may be made of any durable exterior grade materials so long as the appearance is compatible with the associated business/building and the historic district. Wall signs may not be suspended by ropes. Wall signs must be securely fastened directly to the wall.
H. Color: Fluorescent colors are prohibited. Reflective colored materials that give the appearance of changing color are prohibited.
I. Sign Characteristics:
1. Fonts: Fonts shall be traditional or otherwise compatible with the historic district.
2. Supporting Framework: Frames supporting signs shall be traditional or compatible with the architecture of the building. The following materials are examples of acceptable frames for monument signs: rustic wood timbers, ornamental wood, brick, stucco covered frames, adobe, or ornamental cast steel poles. The following materials are examples of acceptable frames for hanging, projecting and pole signs: rustic wood timbers, ornamental wood, ornamental cast steel, or wrought iron.
J. Illumination: The purpose of regulating sign illumination is to prevent light trespass, provide clear illumination of signs without causing potential hazards to pedestrians or vehicles, and to promote the traditional character of Santa Clara.
1. Illumination Types:
a. Externally Illuminated Signs: Externally lit signs shall be illuminated only with steady, stationary, shielded light sources directed solely onto the sign without causing glare. Light fixtures used for illuminating a sign shall be simple in form and should not clutter the building or structure. Light bulbs or lighting tubes should be shielded so as to not be physically visible from adjacent public rights of way or residential properties.
b. Backlit Letters And Logos: Letters and logos may be lit from behind as long as the light source is not visible.
2. Intensity: The intensity of sign lighting shall not exceed that necessary to illuminate and make legible a sign from the adjacent travelway or closest right of way.
3. Prohibited Lighting:
a. Lights that flash or move in any manner are prohibited.
b. Internally illuminated signs which are lit by a light source located within the sign are not permitted. See figure 110.2 of this section.
FIGURE 110.2
(Ord. 2015-13)
17.45.120: PERMITTED PERMANENT SIGNS:
In addition to the following regulations, all signs must be in compliance with all other provisions of this chapter. Each business is allowed to have the following permitted signs displaying the business name and advertisement:
A. Awning Or Canopy Sign:
1. Size: A maximum of thirty percent (30%) of the canvas area on each face of an awning or canopy may be used for sign area. Fifty percent (50%) of the valance may be used for signage.
2. Height Limit: Awnings and canopy signs must have a minimum clearance of eight feet (8') to the frame and seven feet (7') to the bottom of the valance.
3. Setback And Orientation: Awnings and canopy signs must be located in a traditional manner above storefronts, doors, windows or walkways, provided said walkways lead to a bona fide entrance. They shall be compatible with the architecture of the building, and follow relevant design guideline criteria. Freestanding awning signs are prohibited. Awnings and canopy signs may project a maximum forty eight inches (48") from the face of the building except when used as entrance canopies (in which case awnings and canopies may extend a maximum of 20 feet) or for covered dining or display area (in which case awnings and canopies may extend a maximum of 10 feet). See figures 120.1 and 120.3 of this section. In no case shall a dining or display area canopy encroach upon the pedestrian walkway with less than an eight foot (8') vertical clearance. The design must blend with the architecture of the building and should not obscure details of the building. Awnings and canopy signs should serve as an accent to the building's design but should not be the dominant architectural feature. Awnings are counted as sign area if they have lettering or other graphics conveying a commercial message or name of a business or product sold in the building to which the awning/canopy is attached.
4. Design: Awning and canopy signs shall be traditional. Examples of covering material are fabric, vinyl, polymer, metal, glass, wood shutters or similar material. Materials shall be high quality, colorfast and sun fade resistant. Glossy vinyl or plastic materials are not permitted. Awning and canopy sign colors are limited to a single field color with a single contrasting color for lettering and logos. Arched or barrel type awnings and canopies are not permitted.
5. Illumination: Lighting intended to illuminate/backlight a translucent awning is prohibited. Translucent letters on opaque backgrounds are permitted to be backlit. Awnings illuminated from above, or indirectly from below in a traditional manner, are permitted.
FIGURE 120.1
FIGURE 120.3
B. Monument Sign:
1. Size: Monument signs shall be limited to a maximum of forty (40) square feet of sign area. The sign and structure shall not exceed a total area of forty eight (48) square feet. For double faced signs (where both sides are the same) only one side shall be counted against the square footage requirements.
2. Height Limit: Monument signs may not exceed a height of six feet (6') measured from final grade.
3. Setback And Orientation: Monument signs shall be set back so as not to be a safety hazard as determined by staff and shall be a minimum of two feet (2') from the property line.
4. Design: Monument signs shall be supported by the ground or columns and not attached to any building or wall. Signs must be compatible with the architecture of the building to which they are associated and have a traditional style. See figures 120.4 and 120.5 of this section. The height of the open area beneath a sign cannot exceed fifty percent (50%) of the sign's total height.
5. Illumination: Lighting of monument signs is permitted, provided that the lighting complies with subsection 17.45.110J of this chapter.
FIGURE 120.4
FIGURE 120.5
C. Hanging Or Projecting Sign:
1. Size: No single hanging or projecting sign may exceed twelve (12) square feet in area. Sign brackets that incorporate words or logos shall be included as part of the sign area.
2. Height: Hanging and projecting signs must have at least eight feet (8') of ground clearance.
3. Setback And Orientation: Hanging and projecting signs may not project more than forty eight inches (48") from the face of the building to which it is attached (inclusive of the supporting structure). They may not extend beyond the applicant's property, except when approved.
4. Design: The sign materials should be compatible with the face of the building and should be colorfast and resistant to corrosion. See figures 120.6A, 120.6B and 120.7 of this section. Double sided signs are required when placement makes the sign visible to the public from both sides.
5. Illumination: Lighting of hanging and projecting signs is permitted, provided that the lighting complies with subsection 17.45.110J of this chapter.
FIGURE 120.6A
FIGURE 120.6B
FIGURE 120.7
D. Wall Sign: Wall signs may be placed upon a building provided that they meet the following conditions of approval:
1. Size: The size of an individual wall sign shall not exceed thirty (30) square feet or ten percent (10%) of the business facade, whichever is less.
2. Setback: Wall signs shall not extend more than six inches (6") from the wall.
3. Design: Wall signs shall be compatible with the building face, colorfast, resistant to corrosion and reasonably integrated with the architecture. See figures 120.9 through 120.11 of this section.
4. Illumination: Lighting of wall signs is permitted, provided that the lighting complies with subsection 17.45.110J of this chapter.
FIGURE 120.9
FIGURE 120.10
FIGURE 120.11
E. Banner Sign:
1. Banner signs are considered to be temporary signs and are addressed in the city's sign ordinance.
F. Pole Sign:
1. Size: The sign area is limited to a maximum of sixteen (16) square feet in area. Sign bracket and pole(s) shall not be included as part of the sign area.
2. Height Limit: Pole sign heights shall be appropriately matched to the architecture and size of the building, but in no case exceed fifteen feet (15') from sidewalk grade to the top of the sign.
3. Setback And Orientation: Pole signs may not project more than forty eight inches (48") from the pole. The maximum distance between two (2) poles shall not exceed six feet (6'). They may not extend beyond the applicant's property line and must be a minimum of twenty four inches (24") from any walkway or vehicularway.
4. Design: Sign poles shall be metal or wood. Poles shall have a diameter of four inches (4") to six inches (6") excluding decoration and base. The pole sign shall be constructed of traditional looking material and be in harmony with the building architecture and the historic district. The sign materials should be compatible with the face of the building and should be colorfast and resistant to corrosion. See figure 120.12 of this section.
5. Illumination: Lighting of pole signs is permitted, provided that the lighting complies with subsection 17.45.110J of this chapter.
FIGURE 120.12
In addition to the signs permitted above, each business shall be permitted to have any of the following signage within the limits allowed in the following subsections and in subsection 17.45.110A of this chapter. Logos may be used more than once.
G. Entrance/Exit Signs: Entrance/exit signs are not included in the total sign area allowed for a structure. Entrance/exit signs are for the facilitation of traffic onto and off a site.
1. Size: Entrance/exit signs shall be limited to a maximum of three (3) square feet.
2. Height Limit: Entrance/exit signs shall be no higher than five feet (5') above the ground at the top of the sign.
3. Number Of Signs: One entrance or exit sign is allowed at each approved driveway opening for commercial uses and multi-tenant dwellings.
4. Setback And Orientation: Entrance/exit signs shall not be placed in the city right of way.
5. Design: Entrance/exit signs shall be simple in form and shall be compatible with the architectural elements of the property and historic character of Santa Clara City.
6. Illumination: Illumination of entrance/exit signs is permitted, provided that the lighting complies with subsection 17.45.110J of this chapter.
H. Portable, Changeable Copy Signs: Freestanding changeable copy signs including A-frames are permitted, provided they are not the primary permanent sign and comply with the following regulations:
1. Size: Freestanding changeable copy signs shall be limited to a maximum of twelve (12) square feet in area per side, with a maximum height of forty eight inches (48"), and a maximum width of thirty six inches (36").
2. Number Of Signs: The maximum number of changeable copy signs for any business is one.
3. Setback And Orientation: Changeable copy signs shall not be placed in a pedestrian walkway, vehicularway or any location that would cause a hazard and must be set back a minimum of twelve inches (12") from the property line.
4. Design: The design shall be traditional. Freestanding changeable copy signs shall be framed or supported and must be finished on both sides.
5. Illumination: Illumination of changeable copy signs is not permitted.
6. Materials: The materials shall be resistant to corrosion and sun fade resistant. See figures 120.13 and 120.14 of this section.
FIGURE 120.13
FIGURE 120.14
I. Display Boxes: Display boxes may contain an establishment's current menu, current entertainment information or merchandise and must be compatible with the architectural features of the building.
1. Size: The maximum size shall be five (5) square feet.
2. Number Of Signs: The maximum number of display boxes shall be one per public entrance.
3. Setback And Orientation: Display boxes shall be wall mounted or freestanding and oriented toward pedestrian viewers. Display boxes shall not be placed in a pedestrian walkway, vehicularway or any location that would cause a hazard.
4. Design: Display boxes must be constructed to coordinate with the building design and must contain a clear face which would protect the menu/event display from the weather and must not extend over public property.
5. Illumination: Lighting of the display box is permitted within the display case. Lighting shall be down directed toward the items displayed.
J. Electronic Signs: Electronic signs are prohibited unless within a completely enclosed building.
K. Umbrella Signs: Umbrella signs shall meet the following requirements:
1. Size: A maximum of thirty percent (30%) of the canvas area on each umbrella may be used for signage.
2. Number Of Umbrellas: The number of umbrellas and associated signs shall be limited by the number of umbrellas that fit comfortably on the site and are useful. Table and seating locations shall meet the requirements of the international building code.
3. Setback And Orientation: Umbrellas must be set back a minimum of twenty four inches (24") from the property line.
4. Design: Materials should be high quality vinyl, nylon, canvas or other similar material in order to withstand the weather and climate changes. Umbrella signs may only be used where umbrellas are an integral part of the architecture and theme of the building.
5. Illumination: Illumination of umbrella signs is prohibited.
L. Murals: Wall murals shall be permitted if the content is in keeping with a moral society and in keeping with the theme of the historic district and is approved by the heritage commission. A maximum of ten percent (10%) of the mural may be used for advertising as long as the advertisement is incorporated into the mural.
1. Size: Limited to one wall.
2. Height Limit: The mural must be below the roofline of the wall on which mural will be located.
3. Illumination: Murals may be illuminated. See subsection 17.45.110J of this chapter.
M. Reserved.
N. Address Signs: All buildings shall have an address sign.
1. Size: The size is limited to three (3) square feet. Letters shall be a minimum of three inches (3") high.
2. Design: The address sign must be coordinated with the building design and be of contrasting color. See figures 120.15 and 120.16 of this section.
3. Illumination: Lighting of the address is permitted.
FIGURE 120.15
FIGURE 120.16
O. Reserved.
P. Window Sign: Window signs are permitted provided they meet the following criteria:
1. Size: Permanent window signs may occupy no more than thirty five percent (35%) of the total transparent area of the window.
2. Height Limit: Window signs are limited to the main floor level of the building.
3. Setback And Orientation: Window signs include any signs within three feet (3') of the front window which are clearly visible from the street.
4. Design: The window sign shall be compatible with the building face and the historic character of Santa Clara. See figures 120.18 and 120.19 of this section.
5. Illumination: Illumination of window signs is prohibited.
FIGURE 120.18
FIGURE 120.19
(Ord. 2015-13)
17.45.130: OTHER SIGNS:
A. Municipal Identification And Directional Signs: Municipal identification and directional signs shall comply with the intent of this chapter except where compliance would conflict with state or federal laws and regulations. (Ord. 2015-13)
17.45.140: TEMPORARY SIGNS:
Refer to city sign ordinance. (Ord. 2015-13)
17.45.150: BANNERS ON CITY LIGHT STANDARDS:
A. Purpose Statement: Santa Clara City makes certain light standards available for the display of banners in order to promote the visual interest and economic vitality of Santa Clara City's historic community; to promote aesthetic enhancement through artistic expression; and to contribute to the festive nature of Santa Clara City.
B. Administration: Banners on city light standards shall be reviewed and administered by the city staff pursuant to the criteria set forth in this chapter.
C. Eligibility: Persons eligible to apply for and display banners on city light standards shall be limited to those approved by the city.
D. Applications: Applications for banners on city light standards shall be submitted to the special events department and shall be approved only if the interdepartmental review team finds compliance with all criteria set forth in this chapter. Applications shall be submitted no later than sixty (60) days prior to the first date of the proposed display period. Applications shall at a minimum contain the following information:
1. Proof of eligibility;
2. Requested display locations and dates, not to exceed a period of four (4) weeks; and
3. A colored rendering or colored drawing of the proposed banner, including facade dimensions and descriptions of materials and colors to be used.
If more than one application for banners on city light standards is received for the same time period, the special events director will determine which applicant receives priority status. Priority shall be determined on a first come, first served basis, based on the date a completed application is received. Where competing applications are submitted display periods may be limited to the actual event dates.
E. Design: Banners for display on city light standards must satisfy the following design criteria:
1. Size: Unless otherwise approved by the city, banners shall be sized to fit existing framework.
2. Fabrication: Fabric must be of a durable material able to withstand the elements including heavy winds. Additionally, banners must be sewn for mounting on existing brackets. Applicants are encouraged to contact the city prior to submitting an application in order to ensure compliance with actual specifications.
3. Sponsors: Name, logo, or imagery of the event along with event sponsors may be shown on the banner, subject to the following criteria:
a. The sponsor's name, logo, or imagery shall occupy no more than eight percent (8%) of the total banner area and must be within the bottom fifteen percent (15%) of the banner area;
b. The font and scale of the sponsor's name, logo, or imagery must be secondary to the event text and imagery, and must be smaller than the font and scale of the event name, logo, and imagery.
c. Multiple sponsors are allowed for a single event, but only one sponsor's name may be displayed on any one banner.
F. Artwork: Fluorescent colors and reflective surfaces are prohibited on banners. Reflective colored materials that give the appearance of changing color are also prohibited. Artwork should be approved at least two (2) months prior to the proposed hanging date. The design must be on both sides of the banners, unless otherwise approved by the city.
G. Text: Banner text shall be limited to the name of the event, a sponsor and the dates of the event.
H. Period Of Display: Banners may be displayed for no more than four (4) weeks at a time. Applicants shall accept that the display period is contingent upon a workable arrangement within the overall schedule of other city banners as well as prior commitments to other outside sponsors. Prior commitments may preclude the desired display period of an otherwise acceptable applicant's banner.
I. Installation And Removal: Banners must be received by the city no later than one week prior to the first date of scheduled display. All banners on city light standards shall be installed and removed by city personnel. Installation and removal dates will be arranged by the applicant and the city staff. If the banners are not retrieved from the city by the applicant within thirty (30) days after removal, the banners shall become the property of the city and will be disposed of.
J. Liability: The applicant shall agree to assume full liability and indemnify the city for any damage to persons or property arising from the display of the banners by the city. The city is not responsible for any damage that may occur to the banners from any cause. (Ord. 2015-13)
17.45.160: APPEALS:
Any applicant who believes a denial is not justified, has the right to take the application to the planning commission for review, and to appear at the next regularly scheduled meeting for which proper notice can be given and agenda time is available. If the decision of the planning commission is not acceptable, the applicant can appeal to the city council if the appeal is filed with the city staff in writing within ten (10) business days following the decision of the planning commission. (Ord. 2015-13)
17.45.170: LIABILITY:
Any person erecting or owning a sign located within the city limits shall agree to assume full liability and indemnify the city for any damage to persons or property arising from the display of a sign. (Ord. 2015-13)
17.48.010: PURPOSE:
To protect the general public from geologic, flood, erosion, or other natural hazards that might be detrimental to the health, safety and general welfare of the residents of the city. Any application for a building permit, or a conditional use permit which has, in the opinion of the city, potential soils, earthquake, flood, erosion, or other discernable hazards or adverse environmental impacts, may be required to provide a report addressing such hazards or impacts. (Ord. 2004-31 § 1: Ord. 97-06 § 11-1)
17.48.020: REQUIREMENTS:
A. The report shall be prepared by a licensed engineer, or recognized environmental professional in the event of an environmental report, and shall make recommendations for the suitability of the property to accommodate the proposed construction.
B. Whenever a report indicates a parcel may be subject to potential or actual hazards or impacts, the applicant shall meet the special conditions required by such report and/or conditions established by the city. If such conditions cannot be met, or will not be met, the application shall be denied.
C. All requests for permits in potential flood areas shall be subject to all provisions of the Santa Clara flood control ordinance.
D. All reports shall be reviewed and approved by the city. (Ord. 2004-31 § 1: Ord. 97-06 § 11-2)
17.48.030: HAZARDOUS WASTE:
No hazardous waste of any type shall be disposed of inside the city limits. Such material shall be transported to sites specifically approved for that purpose. (Ord. 97-06 § 11-3)
17.48.040: HILLSIDES:
All construction proposed to be developed on hillside areas, shall be subject to the hillside ordinance codified in chapter 17.80 of this title in addition to all other requirements of this title. (Ord. 97-06 § 11-4)
17.52.010: PURPOSE:
For the purpose of this title, the following zones are created to be applied, as necessary, to regulate the development of the land in the city.
A. This title specifies the permitted uses that are allowed within each zone. Uses that may be conditionally approved are also shown in each zone.
B. If a particular use is not listed in this title as being either permitted, or conditional, in a particular zone, this means that the use is not permitted, and unless this title is amended to cause that particular use to become permitted, or conditional, the use is in violation of the land use ordinance, and cannot be permitted or allowed to continue in the zone in which it is located.
C. This title does not attempt to identify all nonpermitted uses for each zone. If they do not appear as a permitted, or conditional use, they are automatically not permitted, and are in violation of the land use ordinance. (Ord. 2015-05)
17.52.020: BOUNDARIES:
Where uncertainty exists as to the boundaries of districts as shown on city maps, the following shall apply:
A. Boundaries indicated as approximately following the centerlines of streets, highways, roads, waterways, canals, etc., shall be construed to follow such centerlines, and in the event of change in the centerline, shall be construed as moving with the centerline.
B. Boundaries indicated as approximately following platted lot lines shall be construed to follow such lot lines.
C. Boundaries indicated as parallel to or extensions of features indicated in subsection A or B of this section, shall be so construed. Distances not specifically indicated on the official map shall be determined by the scale of the map.
D. In case any further uncertainty exists, the land use authority shall determine the location of such boundaries.
E. Boundaries of each of the said zones are established as described herein, or as shown on the map entitled "zoning map of Santa Clara", which map is on file in the city offices, and all boundaries shown thereon are made by this reference as much a part of this title as if fully described and detailed herein. (Ord. 2006-02: Ord. 97-06 § 12-2)
17.52.030: SUPPLEMENTARY REGULATIONS TO ALL ZONES:
A. No trash, rubbish, tumbleweeds, or other combustible material shall be allowed to remain on any lot outside of approved containers in any residential or commercial zone. No junk, debris, inoperable, or dismantled motor vehicle, or similar material shall be stored or allowed to remain on any lot in any zone.
B. No zone change shall be approved unless the property involved shall have access to city water, sewer, and electrical systems, and has access to a dedicated and improved city street, unless otherwise approved by the city council. (Ord. 2004-32 § 1: Ord. 97-06 § 12-3)
17.52.035: RECREATIONAL HOUSING UNITS:
"Recreational housing unit" means a portable or mobile recreational unit such as a camper, travel trailer, fifth wheel trailer, tent trailer, tent, or any other similar housing unit. A recreational housing unit shall not be used for residential purposes in any residential neighborhood, except that such a unit may be used to house guests of the primary dwelling for up to eight (8) days in any calendar month without being in violation of the land use ordinance under the following conditions:
A. No recreational housing unit may be located on any street or other part of a public right of way, except for temporary loading and unloading of such unit but not to exceed forty-eight (48) hours.
B. A recreational housing unit may be located in the side or rear yard of the permanent residential dwelling.
C. The use of such recreational housing unit shall not cause unusual noise, require additional automobile parking, or other problems to adjacent neighbors.
D. No recreational housing unit shall be permitted on any property that does not contain a dwelling or dwelling unit located on the property.
E. Where an unusual health related hardship exists for an extended family member of the principal dwelling unit, the zoning administrator may grant a time extension beyond the eight (8) daytime limit for occupancy of the recreational housing unit. However, any time extension beyond sixty (60) days shall require the approval of the city council. (Ord. 2020-10)
17.52.040: ESTABLISHMENT OF ZONING DISTRICTS:
OS Open space zone.
RA Residential agriculture zone.
R-1-10 Single-family residential zone.
R-1-10/RA Mixed lot size residential zone.
Commercial zone.
Planned development residential zone.
Planned commercial development zone.
Planned office and institutional development zone.
Planned industrial development zone.
Historic district/mixed use zone.
HD Historic overlay zone.
HP Hillside protection overlay zone. (Ord. 2020-10: Ord. 2012-11: Ord. 2008-14: Ord. 2004-36: Ord. 2004-03: Ord. 97-06 § 12-4)
17.56.010: PURPOSE:
To permit the use of open space land within the city for uses compatible with the protection of the natural and scenic resources of the city, for the benefit of present and future generations. (Ord. 97-06 § 13-1)
17.56.020: PERMITTED USES:
Exotic animals. No exotic animals may be kept in the OS zone.
Livestock grazing, including incidental corrals, barns, or pens.
Raising of crops, horticulture and gardening.
Undeveloped land. (Ord. 2007-01 § 1: Ord. 97-06 § 13-2)
17.56.030: CONDITIONAL USES:
Cemeteries.
Golf courses.
Public or private recreation grounds and facilities, including public or private park development or trail development.
Public utilities, transmission lines and communication towers.
Other uses similar to the above, and judged by the planning commission to be in harmony with the character and intent of this zone. (Ord. 2004-33 § 1: Ord. 97-06 § 13-3)
17.56.040: HEIGHT REGULATIONS:
No building shall be erected to a height greater than thirty five feet (35') unless approved by the planning commission through approval of a conditional use permit. No accessory building shall be erected to a height greater than twenty feet (20') unless approved by the planning commission through approval of a conditional use permit. (Ord. 2004-33 § 1: Ord. 97-06 § 13-4)
17.56.050: AREA, WIDTH AND YARD REGULATIONS:
District
| Area Minimum | Width Minimum | Minimum Yard Setbacks | ||
Front
| Side
| Yard
| |||
OS | None | None | 25 feet | 25 feet | 25 feet |
(Ord. 2004-33 § 1: Ord. 97-06 § 13-5)
17.56.060: MODIFYING REGULATIONS:
A. Livestock kept in a barn, corral, or pen shall be at least fifty feet (50') from any residential dwelling.
B. Commercial feedlot operations, including, but not limited to, commercial dairies and kennels, are not permitted within the open space zone except as may be existing at the time of adoption of this chapter, or located and approved as a conditional use by the planning commission on lots of ten (10) acres or larger. (Ord. 2009-12 § 1)
17.60.010: PURPOSE:
To promote and preserve, in appropriate areas, conditions favorable to large lot family living and also allowing the keeping of a limited number of animals and fowl. This zoning district is intended to be primarily residential in character, but is intended to encourage the maintenance and continued use of agricultural land. (Ord. 2009-01 § 1)
17.60.020: PERMITTED USES:
Accessory buildings and uses.
Exotic animals. No exotic animals may be kept within the RA zone.
Large and small animals and fowl. The keeping of large (see definition of "livestock") and small animals and fowl as an accessory use to a single-family dwelling. The number and type of animals and fowl allowed shall be limited as follows:
A. For every twenty thousand (20,000) square feet of lot area, two (2) large animals; for lots over thirty thousand (30,000) square feet, three (3) large animals, up to a total of four (4) large animals for the first acre. For lots of two (2) or more acres, the requirement for one acre lots may be repeated. Medium sized animals may be allowed up to the total allowed by this zone, or may be interspersed with large animals up to the total number of large and medium animals combined.
B. For every twenty thousand (20,000) square feet of lot area, not more than twenty (20) small animals or fowl. For each additional ten thousand (10,000) square feet of lot area over twenty thousand (20,000) square feet, ten (10) additional small animals or fowl may be included, up to a maximum of forty (40) small animals or fowl. Small animals may include poultry, rabbits, and fowl of similar size, or other animals judged by the planning commission to be compatible with this category of small animals.
C. 4-H projects that include wiener pigs may be permitted on an annual basis subject to meeting specific conditions:
1. "Wiener pigs" shall be defined as pigs that will be one year of age or less and do not weigh more than three hundred fifty (350) pounds at the end of the five (5) month period in which the wiener pig is kept.
2. A wiener pig shall be considered a medium animal.
3. All wiener pigs shall only be permitted on one acre parcels, or larger.
4. Setbacks for pens for wiener pigs shall be the same as required for other large or medium sized animals.
5. All pens shall be cleaned regularly, a minimum of three (3) times weekly.
6. No wiener pigs shall be allowed to run loose (not in a restricted environment, such as a pen) unless attended by the owner or keeper of the pig.
7. No mud bogs shall be allowed in the pens. All pens shall have drainage to keep water from pooling within the pen.
D. All large animals shall be fenced and sheltered in a stable, barn, or covered outdoor shelter.
Raising of crops, horticulture, and gardening.
Single-family dwellings. (Ord. 2009-12 § 1: Ord. 2009-01 § 1)
17.60.030: CONDITIONAL USES:
A second dwelling subject to the modifying regulations of section 17.60.060 of this chapter.
Home occupations as defined herein and approved by the planning commission or planning staff.
Park or playground.
Public utilities, including cable television, communication towers, and high speed internet.
Schools or churches.
Other uses similar to the above and judged by the planning commission to be in harmony with the intent and purpose of the zone. (Ord. 2009-01 § 1)
17.60.040: HEIGHT REGULATIONS:
No main building shall be erected to a height greater than thirty five feet (35') and no accessory building shall be erected to a height greater than twenty feet (20') without a conditional use permit approved by the planning commission. (Ord. 2009-01 § 1)
17.60.050: AREA, WIDTH AND YARD REGULATIONS:
District
| Area
| Width
| Front
| Side
| Rear
|
RA | 1/2 acre | 100 feet | 25 feet | 8–12 feet | 10 feet |
(Ord. 2009-01 § 1)
17.60.060: MODIFYING REGULATIONS:
A. Side yard setbacks on a “street side” shall be the same as for a front yard setback.
B. Private garages and accessory buildings located to the rear, and at least ten feet (10') away from the main dwelling may be built five feet (5') from the property line provided that: 1) projection beyond exterior wall shall not exceed twelve inches (12") into the area where openings are prohibited, 2) stormwater runoff from the building shall not run onto adjacent property, 3) all corner lots shall maintain required setbacks on street sides, and 4) construction shall comply with current international residential code (IRC) exterior wall and opening protection. No building, or swimming pool, shall be in any easement without city approval.
1. After first obtaining a building permit from the Santa Clara City building official, a carport or awning may be constructed in the required twelve-foot (12') side yard setback or ten foot (10') rear yard area subject to the following conditions:
a. All three (3) sides of the carport/awning away from the dwelling shall be kept completely open. No storage areas shall be permitted as any part of the carport/awnings.
b. The height of the carport/awning shall not exceed the height of the top plate of the walls of the first floor of the dwelling, or a maximum of ten feet (10') above the normal grade of the side yard setback.
c. A two-foot (2') setback shall be maintained from the side property line.
d. The roof shall be sloped away from the dwelling, and a rain gutter shall be installed along the roof edge on the side yard of the two-foot (2') setback to keep all roof runoff on the property of the owner of the carport/awning.
2. All construction materials shall be completely noncombustible and shall meet all applicable requirements of the international residential code.
a. Color of the construction material shall be of earth tones or harmonize with the colors of the dwelling unit.
b. The carport/awning shall always be well maintained and shall be repainted from time to time as necessary.
3. The side of the carport/awning nearest the front street shall be set back a minimum of ten feet (10') behind the front face of the dwelling unit.
C. The front yard width in a cul-de-sac may be approved by the land use authority with less than the required width.
D. Other conditions that may be required by the land use authority to protect the intent and purpose of the zone.
E. The minimum square footage of any main residence shall be one thousand two hundred fifty (1,250) square feet of living space on the main floor of a single-story home. For a two-story home there shall be a minimum of one thousand (1,000) square feet of living space on the main floor, and a minimum of eight hundred (800) square feet of living space on the second floor. A split-level home shall have a minimum of one thousand two hundred fifty (1,250) square feet on the main and upper floor combined, but not including the square footage of the lower level.
F. No trash, weeds, or other combustible material shall be allowed to remain on any lot outside of approved containers in any residential zone. No junk, debris, abandoned, inoperable, or dismantled automobile or automobile parts or similar material shall be stored or allowed to remain on any lot in any residential zone. (Ord. 2022-04 § 1: Ord. 2020-03 § 1: Ord. 2015-05: Ord. 2009-12 § 1: Ord. 2009-01 § 1)
17.63.010: PURPOSE:
To provide appropriate locations where low to medium density residential neighborhoods may be established, maintained, and protected. The regulations also permit the establishment, with proper controls of uses such as churches, schools, libraries, parks, and permitted open spaces which serve the needs of families. The regulations are intended to prohibit those uses that would be harmful to a single-family residential neighborhood. (Ord. 2022-21, 9-28-2022)
17.63.020: PERMITTED USES:
Accessory buildings on lots where a main dwelling exists, or for which a building permit has been issued.
Home gardens and fruit trees, keeping of household pets, etc., but not agricultural industry, or business, or the keeping of domestic animals or fowl.
Internal Accessory Dwelling Unit, IADU as per Chapter 17.22 of city code.
Single-family dwellings and manufactured homes as defined herein. (Ord. 2022-21, 9-28-2022)
17.63.030: CONDITIONAL USES:
Accessory Dwelling Unit, ADU as per Chapter 17.22 of city code.
Child nursery, as defined herein. The dwelling shall be the permanent residence of the operator. The land use authority will determine the maximum number of children to be allowed, and other requirements, depending upon specific conditions relating to the request.
Parking shall be as required by the land use authority. All other requirements of the zone shall be complied with.
Churches, schools, parks, and open space.
Home occupation, as defined herein, and approved by the land use authority staff, or as may be recommended to the land use authority.
Public buildings.
Public utilities and buildings.
Residential Facility for the Elderly. (Ord. 2022-21, 9-28-2022)
17.63.040: HEIGHT REGULATIONS:
No building shall be erected to a height greater than thirty feet (30'), and no accessory building shall be erected to a height greater than twenty feet (20'). An Accessory Dwelling Unit, ADU may not exceed a height of twenty feet (20'). (Ord. 2022-21, 9-28-2022)
17.63.050: AREA, WIDTH AND YARD REGULATIONS:
District | Area | Width | Front | Side | Rear |
R-1-6 | 6,000 | 50 feet | 20 feet | 6 - 8 feet | 10 feet |
The front yard setback is required to be twenty feet (20') from property line or back of sidewalk, whichever is closer to the structure. (Ord. 2022-21, 9-28- 2022)
17.63.060: MODIFYING REGULATIONS:
A. Side yard setbacks on a "street side" (corner lot) shall be the same as for a front yard setback.
B. Accessory buildings located to the rear of a main dwelling, and at least ten feet (10') away from the main dwelling may be built five feet (5') from the property line provided that: 1) projection beyond exterior wall shall not exceed twelve inches (12") into the area where openings are prohibited, 2) stormwater runoff from the building shall not run onto adjacent property, 3) all corner lots shall maintain required setbacks on street sides, and 4) construction shall comply with current International Residential Code (IRC) exterior wall and opening protection. No building, or swimming pool, shall be in any easement without city approval.
1. After first obtaining a building permit from the City Building Official, a carport or awning may be constructed in the required six-foot (6') side yard setback or ten-foot (10') rear yard area subject to the following conditions:
a. All three (3) sides of the carport/awning away from the dwelling shall be kept completely open. No storage areas shall be permitted in any part of the carport/awning.
b. The height of the carport/awning shall not exceed the height of the top plate of the walls of the first floor of the dwelling, or a maximum of ten feet (10') above the normal grade of the side yard setback.
c. A two-foot (2') setback shall be maintained from the side property line.
d. The roof shall be sloped away from the dwelling, and a rain gutter shall be installed along the roof edge on the side yard of the two-foot (2') setback to keep all roof runoff on the property of the owner of the carport/awning.
2. All construction materials shall be completely noncombustible and shall meet all applicable requirements of the international residential code.
a. Color of the construction material shall be of earth tones or harmonize with the colors of the dwelling unit.
b. The carport/awning shall always be well maintained and shall be repainted from time to time as necessary.
3. The side of the carport/awning nearest the front street shall be set back a minimum of ten feet (10') behind the front face of the dwelling unit.
a. An accessory building or ADU shall be required to utilize building materials and colors to blend in with the construction of the primary dwelling unit on the property.
b. The lot width for cul-de-sac lots may be approved by the land use authority with less than fifty feet (50') of frontage; however, this requirement shall be meet at the twenty feet (20') front setback line.
c. Other conditions that may be required by the land use authority to protect the intent and purpose of the zone.
d. The minimum square footage of any main residence shall be one thousand two hundred (1,200) square feet of living space on the main floor of a single-story home. For a two-story home there shall be a minimum of eight hundred (800) square feet of living space on the main floor, and a minimum of seven hundred (700) square feet of living space on the second floor. A split-level home shall have a minimum of one thousand (1,000) square feet on the main and upper floor combined, but not including the square footage of the lower level.
e. No trash, weeds, or other combustible material shall be allowed to remain on any lot outside of approved containers in any residential zone. No junk, debris, abandoned, inoperable, or dismantled automobile or automobile parts or similar material shall be stored or allowed to remain on any lot in any residential zone. (Ord. 2022-21, 9-28-2022)
17.64.010: PURPOSE:
To provide appropriate locations where low density residential neighborhoods may be established, maintained, and protected. The regulations also permit the establishment, with proper controls, of public and semipublic uses such as churches, schools, libraries, parks, and playgrounds which serve the needs of families. The regulations are intended to prohibit those uses that would be harmful to a single-family residential neighborhood. (Ord. 97-06 § 15-1)
17.64.020: PERMITTED USES:
Accessory uses and buildings on lots where a main dwelling exists, or for which a building permit has been issued.
Home gardens and fruit trees, keeping of household pets, etc., but not agricultural industry, or business, or the keeping of domestic animals or fowl.
Single-family dwellings and manufactured homes as defined herein. (Ord. 2008-11 § 1: Ord. 2007-01 § 1: Ord. 97-06 § 15-2)
17.64.030: CONDITIONAL USES:
"Child nursery", as defined herein. The dwelling shall be the permanent residence of the operator. The land use authority will determine the maximum number of children to be allowed, and other requirements, depending upon specific conditions relating to the request.
Parking shall be as required by the land use authority. All other requirements of the zone shall be complied with.
Church.
"Home occupation", as defined herein, and approved by the land use authority staff, or as may be recommended to the land use authority for hearing.
Keeping of livestock animals or fowl subject to the conditions found in the modifying regulations of this zone.
Park or playground.
Public buildings.
Public utilities, including cable television.
School.
Second dwelling - subject to modifying regulations in section 17.64.060 of this chapter.
Other uses recommended by the land use authority as being in harmony with the intent of the zone and similar in nature to the above listed uses. (Ord. 2009-12 § 1: Ord. 2008-11 § 1: Ord. 97-06 § 15-3)
17.64.040: HEIGHT REGULATIONS:
No building, shall be erected to a height greater than thirty five feet (35'), and no accessory building shall be erected to a height greater than twenty feet (20') without a conditional use permit approved by the land use authority. (Ord. 2008-11 § 1: Ord. 2004-35 § 1: Ord. 97-06 § 15-4)
17.64.050: AREA, WIDTH AND YARD REGULATIONS:
District | Area | Width | Front | Side | Rear |
R-1-10 | 10,000 | 80 feet | 25 feet | 8 - 12 feet | 10 feet |
Where a sidewalk and a driveway are located in the same setback of a dwelling, the garage setback shall be a minimum of twenty feet (20') from the back edge of the sidewalk to the garage. Where no sidewalk is located in the setback, or where a side entry garage has a minimum twenty foot (20') long driveway from the back edge of the sidewalk, the garage setback shall be the same as required for the dwelling unit. (Ord. 2017-07: Ord. 97-06 § 15-5)
17.64.060: MODIFYING REGULATIONS:
A. Side yard setbacks on a “street side” shall be the same as for a front yard setback.
B. Accessory Structures (Non-habitable structures accessory to the primary residence)
1. Accessory Structures shall only be authorized concurrently or following the establishment of the primary residence.
2. An accessory garage may be attached to, or detached from, the primary building.
a. An accessory garage that is attached to a primary building shall meet all requirements for the location of the primary building.
b. All garages and other accessory buildings located within ten feet (10') of the primary building shall be considered attached and part of the primary building and the setback and height requirements applicable to the primary building shall apply.
c. An accessory garage that is detached from a primary building shall meet all requirements for the location of a detached accessory building, as provided.
d. The cumulative square footage of all accessory structures shall not be greater than twenty five percent (25%) of the rear yard area as measured from the rear wall line of the primary structure to the rear property line (pools excluded).
3. All garages and other accessory buildings located ten feet (10') or more away from the primary residence may be constructed five feet (5') from the side and rear property lines provided that.
a. Setbacks may be allowed to be reduced with clearance from city utility departments.
b. Structures permitted to have reduced setbacks shall only utilize 40% of the rear property line width.
c. Maximum Height: twenty feet (20') for structures with flat roofs and twenty-five feet (25') for structures with pitched roofs.
d. Projection beyond exterior walls shall not exceed twelve inches (12") into the area where openings are prohibited.
e. Stormwater runoff from the building shall not run onto adjacent property. Exception: Small accessory structures that are less than two hundred (200) square feet in area do not require a building permit unless; power, plumbing, or HVAC utilities are intended to be installed. A small accessory structure may be located in the rear yard, three feet (3') from side and rear property lines so long as the structure does not exceed ten feet (10') maximum height.
4. Accessory structures located on corner lots shall meet the required corner side yard setback applicable to the zone.
5. Accessory structures shall use finish materials colored to blend with the primary structure.
6. Accessory structures shall comply with the most recently adopted International Residential Code (IRC).
7. No shipping container, cargo container, shipping crate, box trailer or similar movable pieces of equipment or object shall be used as an accessory structure.
8. No utility connections or meters, separate from the primary residence, shall be allowed for accessory structures.
9. No accessory structure shall be used as a permanent dwelling unit.
10. No accessory structure shall be located in any required front yard setback.
C. Carports:
1. A building permit shall be required to construct or install all carports. Installations shall comply with the requirements of this section and the adopted Building Code, as applicable.
2. Any enclosed carport (a carport enclosed on more than 2 sides, or 60% of wall areas, whichever is less) shall comply with the required setbacks applicable to the primary residence.
3. Carports constructed completely of noncombustible materials may be allowed in the side and rear yard area so long as no portion of the carport structure is closer than two feet (2') to any side or rear property line. Reduced setbacks shall only be allowed with clearance from city utility departments.
4. Maximum height of a noncombustible carport shall not exceed fifteen feet (15') or the height of the primary structure, whichever is less.
5. Carports constructed from any combustible materials may be allowed in the required rear yard area when located ten feet (10') or more away from the primary residence. No portion of any such carport shall be closer than five feet (5') to any side or rear property line and shall not exceed twenty feet (20') in height.
6. No stormwater runoff from any carport shall be allowed to run onto adjacent properties.
7. Construction material of carports and awnings shall be color tones designed to blend/harmonize with the primary structure.
8. Carports shall always be well maintained and kept in good repair.
D. Awnings and Patio Covers:
1. A building permit shall be required to construct all awnings and patio covers.
2. Any enclosed awning or patio cover (a structure enclosed on more than 2 sides) shall comply with the required setbacks applicable to the primary residence.
3. Awnings and patio covers constructed of noncombustible materials may be allowed in the side and rear yard area so long as no portion of the awning/patio cover structure is closer than two feet (2') to any side or rear property line. Reduced setbacks shall only be allowed with clearance from city utility departments.
4. Awnings and patio covers constructed of any combustible materials may be allowed in the side and rear yard area so long as no portion of the awning/patio cover structure is closer than five feet (5') to any side or rear property line.
5. No stormwater runoff from any awning or patio cover shall be allowed to run onto adjacent property.
6. Construction material of awnings and patio covers shall be color tones designed to blend/harmonize with the primary structure.
7. Awnings and patio covers shall always be well maintained and kept in good repair.
8. Awnings proposed in front yard areas shall comply with section 17.20.090 of this title.
E. Swimming Pools:
1. A building permit shall be required to construct all hot tubs, swimming pools and swimming pool accessory features.
2. Swimming pools must be constructed and protected in compliance with the adopted International Swimming Pool and Spa Code (ISPSC).
3. Swimming pools are allowed to be constructed within the prescribed setbacks and public utility easements with clearance from city utility departments.
a. Exception: Swimming pools proposed along the street facing front and side yards, and rear yards on double-fronted lots, shall not be constructed within public utility easements.
b. Swimming pools installed in street-facing yard areas will require a safety barrier compliant with the adopted International Swimming Pool and Spa Code (ISPSC).
4. Swimming pools may be constructed within three feet (3') of property lines as measured from property line to water’s edge.
5. Pool equipment shall be placed in an area compliant with the Residential Electrical, Fuel and Gas Codes.
6. Privacy of neighboring properties shall be considered when installing accessory pool features such as slides, diving platforms, and faux rock. Pool amenities shall be placed at a height to distance ratio of 1:1 from property line until meeting the prescribed setback for the residential zone.
F. Domestic Livestock and Fowl:
1. On lots of less than two (2) acres in size, no large or medium sized animals shall be kept or maintained.
2. On lots of two (2) acres or more, domestic livestock shall be limited to one (1) domestic animal for each one-half acre.
3. On lots of less than two (2) acres, ten (10) hen chickens (no roosters) may be kept per ten thousand (10,000) square feet of lot area.
4. Residential lots may have one chicken run.
5. Chicken runs are limited to a maximum size of one hundred twenty (120) square feet and a maximum height of eight feet (8').
6. No chicken shall be allowed to roam outside the chicken run.
7. Household Pets: (See Title 6: Animals). (Ord. 2025-06 § 1: Ord. 2022-04 § 1: Ord. 2020-03 § 1: Ord. 2015-05: Ord. 2014-02: Ord. 2012-06: Ord. 2009-12 § 1: Ord. 2008-11 § 1: Ord. 2007-20 § 1: Ord. 2004-35 § 1: Ord. 99-23 § 1: Ord. 97-06 § 15-6)
17.65.010: PURPOSE:
To provide appropriate locations where low to medium density mixed lot residential neighborhoods may be established, maintained, and protected. Residential agriculture areas which preserve agricultural use of the land may also allow a variety of lot sizes. The regulations permit the establishment, with proper controls, of uses such as churches, schools, parks, and permitted open spaces which serve the needs of families. The regulations are intended to prohibit those uses that would be harmful to a single-family residential neighborhood. (Ord. 2012-11)
17.65.020: PERMITTED USES:
The uses permitted in the R-1-10 zone, except for small animals, on ten thousand (10,000) square foot lots in the mixed lot size zone.
Accessory uses on lots where a main dwelling exists, or for which a building permit has been issued.
Home gardens and fruit trees. The keeping of household pets are permitted, but not agricultural industry, commercial business, or the keeping of domestic animals or fowl.
Single-family dwellings and manufactured homes as defined herein. (Ord. 2012-11)
17.65.030: CONDITIONAL USES:
A "child nursery", as defined herein. The dwelling shall be the permanent residence of the operator. The number of children shall not exceed the number five (5) allowed by the home occupation ordinance contained in this code. All other requirements of the home occupation ordinance (chapter 17.38 of this title) shall be complied with.
A residential facility for the elderly.
Accessory structures on lots where a main dwelling exists, or for which a building permit has been issued, but not including detached second dwellings unless permitted on ten thousand (10,000) square foot lots by the R-1-10 zone.
Churches, schools, parks, and open space.
All requirements for a single-family dwelling, i.e., setbacks, heights, parking requirements, street access locations, utilities, occupancy permits, signs, etc., shall be complied with as required for such uses by this chapter. (Ord. 2012-11)
17.65.040: HEIGHT REGULATIONS:
No main dwelling shall be erected to a height greater than thirty five feet (35'), and no detached accessory building shall be erected to a height greater than twenty feet (20') without approval of the planning commission. (Ord. 2012-11)
17.65.050: AREA, WIDTH, AND YARD REGULATIONS:
Mixed Lot Sizes | Width | Front | Side | Rear |
10,000 square feet | 80 feet | 20 feet | 8 - 12 feet | 10 feet |
9,000 square feet | 75 feet | 20 feet | 8 - 10 feet | 10 feet |
8,000 square feet | 70 feet | 20 feet | 8 - 10 feet | 10 feet |
7,000 square feet | 60 feet | 20 feet | 6 - 10 feet | 10 feet |
Where a sidewalk and a driveway are located in the same setback of a dwelling, the garage setback shall be a minimum of twenty feet (20') from the back edge of the sidewalk to the garage. Where no sidewalk is located in the setback, or where a side entry garage has a minimum twenty foot (20') long driveway from the back edge of the sidewalk, the garage setback shall be the same as required for the dwelling unit. (Ord. 2017-07: Ord. 2012-11)
17.65.060: MODIFYING REGULATIONS:
A. For all lots in the mixed lot zone the side yard setbacks on a street side shall be the same as for a front yard setback unless the development has no dwellings fronting on any side yard in the entire phase of development, in which case the side yard may be reduced to fifteen feet (15').
B. The percentage of mixed lot sizes shall be:
40 percent that are 10,000 square feet,
20 percent that are 9,000 square feet,
20 percent that are 8,000 square feet, and
20 percent that are 7,000 square feet.
C. The number of lots allowed in the development will be determined by the gross area of the proposed phase or development, and subtracting fifteen percent (15%) of the gross area for streets and public rights of way. The net land area may be divided into mixed lot sizes as shown by the percentages in subsection B of this section.
D. Eight thousand (8,000) and nine thousand (9,000) square foot lots in the mixed lot development may include a casita or "mother-in-law" attached apartments if all requirements of this chapter, and the international residential building code, are complied with. Such units shall not be less than four hundred fifty (450) square feet in size or greater in size than eight hundred (800) square feet.
E. The additional units approved above for eight thousand (8,000) and nine thousand (9,000) square foot lots are not approved for public rental, and may only be occupied by persons related to those residing in the primary dwelling. No additional parking spaces will be required for such units.
F. In the residential agricultural zone, mixed lot developments may be approved. However the number of parcels shall not exceed the density, or number of lots allowed by the RA zone. All excess land must be maintained in some form of agricultural use, and may be maintained by the lot owners, leased to someone else, deeded to a conservation group, or to the city of Santa Clara at the city's option. The land may be requested to be placed in an agricultural protection zone as provided by the RA zoning classification.
G. The minimum square footage of any main dwelling on any lot shall be one thousand (1,000) square feet of living space on the main floor of a single-story home, or one thousand two hundred fifty (1,250) square feet of living space on the main floor of any dwelling on a ten thousand (10,000) square foot lot.
H. Parking shall be as required by chapter 17.32 of this title (off street parking standards), except that no additional parking shall be required on an eight thousand (8,000) or nine thousand (9,000) square foot lot for a casita or mother-in-law apartment in the R-1-10/RA mixed lot zone.
I. One purpose of the R-1-10/RA mixed lot size zone is to allow for all individual lots and homes having front yards fully completed at the time of occupancy.
1. Drawings showing the development layout, landscaping, and fencing shall be submitted to the planning staff at the time of application for a building permit being requested by the developer or the owner. Developers are encouraged to arrange for completion of the required front yard landscaping as a part of the lot sales in the development.
2. In order to achieve a harmonious subdivision appearance and assure compliance, no certificate of occupancy shall be issued until a dwelling has been completely finished and includes all front yard landscaping, driveways, sidewalks, and fencing where necessary.
3. The front yard of a cul-de-sac shall maintain a twenty foot (20') setback. However, this setback may be reduced to fifteen feet (15') upon the approval of the staff, or, if referred, by the planning commission.
J. Private garages and accessory buildings located to the rear, and at least ten feet (10') away from the main dwelling may be built five feet (5') from the property line. All building code requirements shall be complied with. No detached garage shall be supplied with utilities except for electricity and water for a sink and/or toilet.
K. All other modifying regulations of the R-1-10 residential zone shall apply to ten thousand (10,000) square foot lots in the R-1-10/RA mixed lot size zone.
L. In small projects not exceeding ten (10) units, the planning commission may recommend, and the council may approve any mixture of lot sizes that may or may not match the percentages of each lot size as found in subsection B of this section.
M. No lot may be less than seven thousand (7,000) square feet. The project must include more than one lot size, and the project must include two (2) or more lots that are ten thousand (10,000) square feet, or forty percent (40%) of lots if the total number is less than ten (10).
N. In any zone in which residential dwellings or dwelling units are permitted, portable or mobile recreational units such as campers, travel trailers, fifth wheel trailers, tent trailers, tents or any other type of recreational, mobile or portable housing unit ("recreational housing unit") are not permitted for housing use, except that such a unit may be used to house guests of the primary dwelling for up to eight (8) days in any calendar month without being in violation of the land use ordinance subject to the following conditions:
1. No recreational housing unit may be located on any street or other part of a public right of way, except for temporary loading and unloading of such unit but not to exceed forty eight (48) hours.
2. A recreational housing unit may be located in the side or rear yard of the permanent residential dwelling.
3. The use of such recreational housing unit shall not cause unusual noise, require additional automobile parking, or other problems to adjacent neighbors.
4. No recreational housing unit shall be permitted on any property that does not contain a dwelling or dwelling unit located on the property.
5. Where an unusual health related hardship exists for an extended family member of the principal dwelling unit, the zoning administrator may grant a time extension beyond the eight (8) day time limit for occupancy of the recreational housing unit. However, any time extension beyond sixty (60) days shall require the approval of the city council. (Ord. 2015-05: Ord. 2013-06: Ord. 2012-11)
17.66.020: PURPOSE:
The objective of the city of Santa Clara in creating a commercial zone is to provide space within the city where many types of commercial goods and services may be provided. Because of the nature of this commercial zone many of the protective features normally afforded to adjacent properties, particularly residential areas, may not exist. Therefore, commercial zones should only be located in areas where the relationship of the commercial area to surrounding developments is judged by the city to be as compatible as may be possible to accomplish. Owners of commercial property should develop and maintain their property in a manner which will be as compatible to surrounding uses as possible. (Ord. 2004-03 § 2)
17.66.030: PERMITTED USES:
The following listed uses are not intended to be all inclusive, but rather, indicative of uses permitted in this zone:
Amusement enterprises, including miniature golf and coin operated game machines.
Animal hospital for small animals, conducted entirely within an enclosed building.
Antique, import, or souvenir shop.
Athletic and sporting goods store, excluding sale or repair of motor vehicles, motor boats, or off road vehicles, or motorized vehicles in general.
Athletic clubs.
Automobile parts sales (new).
Bakery manufacture limited to foods retailed on premises.
Bank or financial institution.
Barber or beauty shop.
Bicycle sales and service.
Bookstore, retail.
Cafe.
Camera store.
Candy store, confectionery.
Child nursery.
Clinics, medical or dental.
Clothing and accessory store.
Convenience markets, including sale of gasoline.
Delicatessen.
Department store.
Drugstore.
Electronic equipment sales.
Exotic animals. No exotic animals may be kept in the C zone.
Florist shop.
Furniture sales.
Gift store.
Government buildings or uses, nonindustrial.
Grocery store.
Hardware store.
Health food store.
Hobby and craft store.
Home appliance sales, new.
Hospital.
Hotel.
Ice cream parlor.
Insurance agency.
Interior decorating and designing business.
Jewelry store sales and service.
Laundry or dry cleaners.
Legal office.
Library.
Locksmith.
Medical office.
Mortuary.
Motel.
Museum.
Music store.
Nursery school.
Office supply, office machines sales.
Optometrist, optician, or ophthalmologist.
Paint or wallpaper store.
Pawnshop.
Pet and pet supply store.
Pharmacy.
Physician or surgeon office and clinic.
Professional office.
Real estate agency.
Reception center.
Restaurant or drive-in.
Shoe store.
Theater.
Tire sales and service.
Travel agency.
Variety store.
Other uses as may be determined to be in harmony with the character, intent and purpose of this zone may be approved by the planning commission. (Ord. 2007-01 § 1: Ord. 2004-03 § 2)
17.66.040: GENERAL REQUIREMENTS:
A. Minimum lot area: No minimum.
B. Minimum zone area: No minimum.
C. Minimum yard setbacks, unless otherwise approved by the planning commission:
1. Front: Twenty five feet (25') (see also subsection C5 of this section).
2. Side facing street: Twenty five feet (25') (see also subsection C5 of this section).
3. Interior side: Ten feet (10').
4. Rear: Ten feet (10').
5. The planning commission may reduce the front and side facing street setback to promote a more walkable, urban type environment. The reduced front setback area may be used for a combination of walkways, landscaping, and outdoor seating, but not parking.
D. Building height: Thirty five feet (35') unless specifically approved to a greater height by the planning commission.
E. Site plan and building elevations approval:
1. A site plan along with building elevations shall be submitted, drawn to scale, and of sufficient size and detail to show building appearance and location, yard setbacks, ingress and egress drives, parking areas, landscaped areas, and such other improvements as may be required relating to specific use proposed.
2. The site plan shall show utility locations, including water, power, telephone, cable TV, natural gas, sewer, fire hydrants, street improvements, and such other public improvements as may be required. The building elevations plan shall show and describe the exterior building materials and colors, including roof materials and exterior appearance for all sides of a proposed building.
3. The planning commission shall review and approve all plans prior to the issuance of any building permit for site improvement, or construction permit for utility systems and building construction. (Ord. 2020-13 § 1: Ord. 2017-05: Ord. 2004-03 § 2)
17.66.050: SPECIAL PROVISIONS:
A. All materials and merchandise, except vehicles in running order, shall be stored in an enclosed building or within an enclosure surrounded by a sight obscuring fence or wall of not less than six feet (6') in height and no material or merchandise shall be stored to a height of more than the height of the enclosing fence or wall.
B. No trash, rubbish, weeds, or other combustible material shall be allowed to remain on any lot outside of approved containers in any commercial zone. No junk, debris, abandoned or dismantled automobile or automobile parts or similar material shall be stored or allowed to remain on any lot in any commercial zone.
C. All solid waste storage facilities shall be located at the rear of the main building or else behind a sight obscuring fence or wall which will prevent the facility from being seen from a public street.
D. Where a commercial development adjoins any lot or parcel of ground in any residential zone, there shall be provided along the adjoining property line, a decorative sight obscuring fence, or a ten foot (10') wide planting strip or any combination of fencing or landscaping, which, in the opinion of the planning commission, adequately protects the adjoining residential property. (Ord. 2004-03 § 2)
17.68.010: GENERAL PURPOSE AND DESCRIPTION:
The purpose of the planned development (PD) zones are to encourage flexibility and creativity in comprehensively planned projects. The following zones are authorized under this chapter:
A. Planned Development Residential Zone (PDR).
B. Planned Commercial Development Zone (PDC).
C. Planned Office and Institutional Development Zone (PDO); and
D. Planned Industrial Development Zone (PDI). (Ord. 2020-10: Ord. 2004-36)
17.68.020: ALLOWED USES IN THE PLANNED DEVELOPMENT ZONES:
A use that is indicated with a "P" in the table below is permitted in the applicable zone if approved as part of a zone change. A use that is indicated with a "C" in the table below is allowed in the applicable zone only with a conditional use permit and if approved as part of a zone change. Any use that is indicated as "N" in the table below is prohibited in the applicable zone unless it is specifically approved by the city council as a mixed use. Any use that is not permitted or conditionally permitted under this section is prohibited.
Use | Zone | |||
PDR | PDC | PDO | PDI | |
Use | Zone | |||
PDR | PDC | PDO | PDI | |
Accessory structure | N | C | N | N |
Ambulance service | N | C | C | N |
Apartments | P | C | N | N |
Assisted living or independent living care | P | C | N | N |
Auto repair, completely enclosed by solid wall including storage | N | C | N | C |
Bank or other similar financial institution | N | P | N | N |
Churches, fraternal organizations, or social organizations | P | N | C | N |
City facilities, including fire protection facilities, public works facilities, etc. | P | P | P | P |
Clubs, including, but not limited to, golf and country clubs | C | N | N | N |
Condominiums | P | C | N | N |
Convention center, meeting facility or other similar use | N | P | N | N |
Daycare facility | C | P | P | N |
Detached units, including standard large lot single-family detached residences, zero lot line residences and cluster housing | P | N | N | N |
Funeral home or crematorium | N | N | C | N |
Hotel, motel, or bed and breakfast | N | P | N | N |
Home occupations as defined herein and approved by the planning commission | C | N | N | N |
Hospital or public health center | N | N | P | N |
Manufacturing, processing, assembly, packaging, repair or servicing of any commodity or product; provided that all such uses are conducted entirely within closed buildings or are at least one hundred feet (100') from any property line. | N | N | N | P |
Medical or dental office or clinic | N | P | P | N |
Mixed uses (i.e., commercial, office or residential) within the same building or on the same site | N | C | N | N |
Museum or art gallery | N | P | P | N |
Office, not including a wholesale outlet or storage of commodities | N | P | P | P |
Parking lot or garage as a principal use | N | C | N | N |
Public libraries | C | N | P | N |
Public utility structures, including distribution lines, transformer stations, transmission towers, telephone exchanges and other similar uses and structures; excluding warehouses, repair storage, vehicle maintenance, truck or road equipment storage, radio, and television studios and cell towers | C | P | N | P |
Recreational building or land, including theaters | N | P | N | N |
Restaurant, including a dining club or other eating or drinking establishment | N | P | P | N |
Retail sales and the servicing or repair of items sold at retail, not including servicing or repair of automobiles | N | P | N | N |
Retail uses that are accessory to the principal use | N | P | C | P |
Self-service laundry, laundry, or dry-cleaning processing facility | N | P | N | N |
Schools or studios | C | C | C | N |
Short-term residential property, subject to section 17.68.060 | C | C | N | N |
Timeshares/fractional interests | C | N | N | N |
Townhouses | P | N | N | N |
Trade shop or service business such as shoe repair; dry cleaning or laundering counter service; pressing, altering, or tailoring of wearing apparel; radio, TV, or appliance repair; watch or jewelry repair, barber or beauty shop | N | P | N | N |
Veterinary clinic or hospital (small animals only and completely enclosed building) | N | P | P | N |
Warehousing, wholesaling, or storage of any product; provided that all such uses are conducted entirely within closed buildings or are at least one hundred feet 100' from any property line | N | N | N | P |
Other use proposed by the applicant that is similar to the allowable uses within the zone if determined by the city council to be in harmony with the intent and purpose of the zone and if approved as part of the project plan | C | C | C | C |
(Ord. 2020-10)
17.68.030: PLANNED DEVELOPMENT PROCESS:
A. A request for a PDR, PDC, PDO, or PDI zoning designation must include the following:
1. All submittals required under chapter 17.18 for a zoning amendment;
2. A project plan that meets the requirements of subsection C below; and
3. A detailed landscape plan that shows landscaped areas, any areas to be preserved in their natural state, and any common open space areas.
B. The planning commission and city council will consider any request for a PDR, PDC, PDO, or PDI zoning designation in accordance with chapter 17.18 and this chapter.
C. Project Plan: A project plan is a professionally designed schematic plan showing the layout of the development and associated text. The applicant shall submit the project plan in digital format and submit twelve (12) hard copies of the plan, ten (10) of which must be eleven inches by seventeen inches (11" X 17"), and two (2) copies must be twenty four inches by thirty six inches (24" x 36"). The plan must include the following elements:
1. The boundary of the project property;
2. Phase boundaries (if applicable) and acreage associated with each phase;
3. Total project site area and area by type of land use;
4. Proposed land uses including square footage or acreage and percentage of each component;
5. The number of residential units and/or square footage of floor area of nonresidential uses by type;
6. Density of uses within each land use component or phase using units per acre for residential uses and floor area ratio (FAR) for nonresidential components;
7. Proposed vehicular and pedestrian circulation plan including entrances and exits and connections to vehicular and pedestrian facilities external to the project property. The project should have primarily public roadways, but private roadways may be approved by the city council in limited circumstances;
8. Existing natural features of the site including rivers, lakes, ponds, streams, wetlands, steep slopes, mature trees, and tree stands, topography at contour intervals of two feet (2'), and other natural features;
9. Square footage or acreage and percentage of open space as a part of the total project;
10. Show where common open space will be provided and limits on accessibility;
11. Typical elevations; and
12. If only one phase of the project is proposed, a preliminary plat that conforms to chapter 16.16.
D. Preliminary Plats: For any planned development that will be subdivided, the applicant may submit a preliminary plat at the same time as the zone-change application for the planned development. To be considered for concurrent review, the application must include all preliminary plat requirements set forth in chapter 16.16. A preliminary or final plat may not be approved in any planned development zone unless the plat is consistent with the approved project plan. The city council may allow exceptions to city standards and subdivision requirements relating to roadway design standards and layout, but only if the exceptions are supported by adequate studies and approved with the project plan. If any part of this chapter conflicts with any part of the subdivision ordinance, this chapter controls.
E. Detailed Site Plan: The applicant shall submit a detailed site plan for any individual lot other than single-family lots. The planning commission considers any request for site plan review of a lot in any planned development. The planning commission may not approve a site plan unless it is consistent with the approved project plan. A request for site plan review must include a digital copy and ten (10) site development plans, of which one set must be in color. A site plan submittal shall include, in addition to the requirements for all other site plans, the following items:
1. A plan showing how the lot relates to the plat including previously developed sites in the project, the location, required open space, ingress, and egress to the lot from the rest of the phase and other adjacent land;
2. Location of building(s); and
3. Typical elevations.
F. Other Data Or Information: An applicant who has requested a PDR, PDC, PDO, or PDI zoning designation shall provide any additional information, detail, or analysis requested by the planning commission or city council at any point in the zone change process. The city council may deny a request for a PDR, PDC, PDO, or PDI zoning designation if the city council determines, in its sole discretion, that it does not have adequate information, detail, or analysis to approve a zone change request.
G. Subsequent Land Use Approvals: The city shall not approve any land use entitlement or permit for property within an approved project plan area unless the entitlement or permit is consistent with the approved project plan and any conditions to the city council's approval of the project plan. Property in an approved project plan area shall not be used in any manner that is inconsistent with the approved project plan.
H. General Plan: An applicant that has a master plan for development is encouraged to seek a general plan amendment to incorporate the applicant's master plan into the general plan. (Ord. 2020-10)
17.68.040: PLANNED DEVELOPMENT STANDARDS AND REQUIREMENTS:
A. The following landscaping requirements apply in the PDR zone:
1. Entry points to the development shall be landscaped using plant specimens used throughout the development.
2. Landscaping shall be provided adjacent to all buildings and structures including solid waste receptacles.
3. Landscaping shall be provided in all front setback areas along streets, whether the streets are public or private.
B. Common Open Space Standards and Requirements for Residential Development: This subsection B applies only in a PDR zone and in any residential component in any other planned development. This subsection B does not apply to nonresidential development, lots, or buildings.
1. Definitions: "Common open space" under this chapter is defined as a portion of a project or development that is accessible by all residents in the development and provides scenic, recreational, resting, or similar purposes. Common open space may include gathering places, recreation areas, natural areas, and other similar areas. Common open space should, in general, be available for entry and use by the residents of the development with which it is associated. Common open space does not include any parking area, any area where a charge is made for use (except for a fifty percent (50%) common open space credit as provided in subsection B2 below), or any area to which access is limited due to runoff, such as retention basins or areas with steep slopes or similarly difficult terrain if determined by the city council to be similarly restrictive.
2. Common Open Space Requirement: At least thirty percent (30%) of a project area must be common open space. The following natural areas do not count toward the fulfillment of the common open space requirement: an area with a slope of thirty percent (30%) or more, any area within a federally designated floodway, and any wetland area. Up to fifty percent (50%) of the land in a public golf course within a development may be credited toward the minimum common open space required in this subsection.
C. Nonresidential Standards And Requirements: The following requirements apply to nonresidential components of any PD zone:
1. Location: Location of commercial phases or service uses shall be concentrated for maximum pedestrian convenience and located for easy accessibility by any residents of the zone, workers within the zone, and visitors.
2. Common Walls: Common walls between residential and nonresidential uses should be constructed to minimize noise transmission.
3. Nuisances: No commercial use may expose residential uses to offensive odors, dust, electrical interface, and/or vibration.
4. Outdoor Lighting: All outdoor lighting shall not adversely impact surrounding residential uses. Lighting shall not be directed toward residential units and shall not include lighting that blinks, flashes, oscillates, or is of unusual brightness or intensity. Outdoor lighting shall be directed downward unless otherwise approved.
5. Building Design: The city requires buildings that have architectural interest and strong curb appeal. The design guidelines in this section are imposed to achieve this objective. All sides of a commercial building that are visible from any public street or adjacent residential zone shall include a combination of at least two (2) of the following exterior finishing materials: masonry, decorative wood, stone, stucco, cinder block, metal panels, Masonite, or other exterior finishing that is approved as part of the project plan. The rear and sides of a building shall be finished similarly to the front of the building. Unfinished concrete, plywood, and vinyl siding are discouraged finishes for commercial buildings. Where feasible, building setbacks should be varied. In addition, each commercial building must include the following:
a. Features such as trellises or awnings to provide shadows at ground level;
b. Variations in rooflines, belt courses, and trim colors;
c. Recessed windows and doors; and
d. Exterior landscaping along storefront areas.
6. Density And Minimum Square Feet: The maximum density for any residential component within a PDC zone is twelve (12) dwelling units per acre for horizontal mixed-use projects. For projects with vertical mixed-use (i.e., residential and commercial combined in the same building), the density shall be as approved by the Planning Commission and City Council as part of the project plan review and approval, and subject to the development standards in this chapter. Each dwelling unit within a vertical mixed-use building must have at least four hundred fifty (450) square feet of living area on its main floor.
7. Landscaping:
a. The entire area along the public street frontage between the street curb and setback line shall be landscaped. This landscape area may include a sidewalk and a driveway crossing the landscape strip when part of the site plan approved by the city. On a corner lot, both street frontages shall be landscaped.
b. Notwithstanding the requirement stated in subsection C7a above, the city council may approve a reduced landscape strip of no less than ten feet (10') in width, provided that the city council determines that the additional landscaping elsewhere on the site (including any landscaping that is provided in fulfillment of subsection C7c below) compensates for reduced landscaping within the front setback area.
c. If a parking lot includes thirty (30) or more off-street parking spaces, at least five percent (5%) of the parking lot area shall contain interior parking lot landscaping. This requirement applies without regard to the location of lot lines so that when a parking lot with thirty (30) or more off-street parking spaces is fully constructed, including one that allows for shared parking, the total parking lot area will have at least the five percent (5%) landscaping required by this section. Shade trees shall be planted in parking areas to reduce the "heat island" effect and provide aesthetic beauty to the site. Interior parking lot landscape requirements may be met using terminal islands, divider medians, or landscaping on the perimeter of the parking lot.
8. Parking:
a. Conflict Between Provisions: If there is a conflict between the provisions of chapter 17.32 and this section, the more restrictive provision shall govern.
b. Shared Parking: A shared parking plan may be submitted that indicates a shared parking formula and supporting information. Up to thirty percent (30%) of total combined required parking may be waived with an approved shared parking plan.
c. Location Of Parking: Parking should be located to the rear, a mixture of side and rear, or underground.
d. Illumination Of Parking: All parking areas shall be illuminated with light that is focused down and light fixtures that will not create a nuisance to other uses within the PD development or to uses near the PD development.
D. Ownership And Management Standards And Requirements:
1. Ownership And Management Control:
a. Initial Ownership: If the property located in a planned development will be owned individually or jointly, where the property is not intended to be resold in separate parcels, the property shall be made subject to permanent covenants, conditions and restrictions requiring that the property be built and operated consistent with the approved planned development zone.
b. Subdivided Properties: Properties in a planned development zone that are intended to be subdivided and sold in separate ownership shall be made subject to covenants, conditions and restrictions which shall require that the property be built and maintained consistent with the requirements of the planned development zone for the property. If the property will have commonly owned properties, they shall be owned by an appropriate owners' association that shall be responsible for the ownership and maintenance of the project, consistent with the requirements of the zone. In this event, the owners' association shall be separately incorporated as a Utah nonprofit corporation with appropriate articles of incorporation and bylaws, and a declaration of covenants, conditions and restrictions that are subject to the approval of the city attorney of the city of Santa Clara as being legally sufficient. If the property will be a condominium project, the property shall be made subject to a declaration of condominium and other documentation prepared pursuant to the requirements of the Utah Condominium Act and shall include a provision that the owners' association thereof shall manage the property consistent with the requirements of the planned development zone.
c. Owner/Developer Responsibilities: Initial owners/developers of PD projects are responsible for the following elements of the project:
(1) Development And Maintenance: Development and maintenance of general common areas (this may be accomplished through the establishment of an owners' association which the developer shall agree to subsidize until seventy five percent (75%) of the lots or units are sold). In the case of condominiumization or subdivision of the property, the developer shall deed the common areas to the owners' association, free and clear of all money liens or encumbrances, or in the case of a blanket lien, the lender shall subordinate its security interest in the project to the planned unit development or condominium plan. This shall be accomplished by covenant in the declaration of covenants, conditions and restrictions (or declaration of condominium, as the case may be) that shall require this to be accomplished upon completion of construction of the project, provided that if at least forty percent (40%) of the units in the project have been sold, the developer shall also be required to make this conveyance. The city of Santa Clara shall not be responsible to the unit or lot owners for this, but the documentation shall provide for this as a matter of requirement in the documentation, which shall confer upon any purchasing unit owners the right to enforce the deeding of the common areas as required just above.
(2) Arterials, Roadways, Related Infrastructures: Development of arterial and other major roadways and related infrastructures serving the development including the extension of utilities to serve the development.
(3) Development Of Management Plan: Development of the management plan including management association setup, and related responsibilities to assure that ownership and management standards are met in full.
(4) Approvals And Conditions: All approvals and conditions therefrom received related to the PD and its elements.
(5) Landscaping And Open Space: All overall requirements such as landscaping and open space meet PD requirements.
(6) Change Of Ownership: Any conditions attached to an approved PD plan or subdivision plat shall not lapse or be waived as a result of any subsequent change in tenancy or ownership of said land.
E. Mixed Uses: The minimum and maximum component of each use and type of mixed use within a development shall be as recommended by the planning commission and approved by the city council.
F. A proposed accessory retail use in a PDQ zone must be clearly subordinate to the principal use.
G. Gated Communities: No gated communities are permitted in any planned development zone.
H. Density Equivalency For Assisted Living and/or Independent Care Facilities:
1. For living units wherein each unit has its own cooking facilities, each such unit shall be considered as equivalent to a standard residential dwelling unit for the purpose of calculating the facility’s overall density.
2. For living units without their own cooking facilities (i.e., where meals are primarily served at, or delivered to each unit from, a central dining facility two (2) of such units shall be considered the equivalent of one (1) standard residential dwelling unit for the purpose of calculating the facility’s overall density.
3. For purposes of this regulation, if a unit has only a microwave, a small capacity refrigerator, a sink, or some combination of the three, such amenities will not be considered “cooking facilities”, provided meals for the residents of such unit are primarily served at, or delivered to each unit from a central dining facility. (Ord. 2020-10: Ord. 2004-36: Ord. 2021-09)
17.68.050: PDR ZONE DENSITY BONUS CRITERIA AND LIMITATIONS:
A. The base maximum density for the PDR zone is eight (8) du/acre.
B. The city council, after receiving a recommendation from the planning commission, may approve a density bonus of up to four (4) du/acre, for a total of up to twelve (12) du/acre, based on the following criteria:
1. Exceptional Building Design And Materials: The building elevations shall show variation in roof height, variation in the building footprint, and building features that improve visual interest by the use of balconies, patios, roof overhang, and use of varied colors and textures. Exterior building materials consisting primarily of brick, stone, or stucco. On the front elevation and also street side elevation for corner lots, stucco may not exceed fifty percent (50%) of the wall area, not including windows. Wood, metal, or hardy board may be used for accents. Roofing materials shall be durable such as tile, slate, or similar material (not asphalt shingles).
2. Site Design: Site design shall provide for compatibility with any adjacent residential areas. Site design shall emphasize overall project aesthetics, with scattered parking areas rather than large asphalt areas, masonry walls on the perimeter where walls are required, and blending building heights to adjacent residential buildings.
3. Landscaping: Landscape design shall incorporate water conservation principles while providing suitable trees, shrubs, and ground covers throughout the project. The landscape plan shall describe both the type of plant materials used and the initial plant container size. Trees shall be planted throughout the project site at approximately one tree per five hundred (500) square feet of landscaped area.
4. Project Amenities: Project amenities include recreational facilities such as tennis courts, playground equipment, swimming pool, clubhouse, and other common amenities such as outdoor cooking/eating areas, gazebo, or gardens. Based on the project size, a development should have one or more significant project amenities. Each unit should have some form of private outdoor space in the form of balconies or patios.
C. An apartment project is limited to thirty (30) dwelling units per project unless the proposed project is a senior housing project with half or more of the units designed for single occupancy, or is an affordable housing project meeting the criteria for federal tax credits, or similar state or local affordable housing criteria, and is approved for such credits prior to beginning construction. (Ord. 2020-10: Ord. 2015-17; Ord. 2021-12, 9-8-2021)
17.68.060: SHORT-TERM RENTAL RESTRICTIONS AND REQUIREMENTS:
"Short-Term Residential" has the meaning provided under section 17.20.260. Any short-term residential use must comply with the following:
A. The entire project shall be designated for short-term residential unless otherwise approved by the city council, in which case the city council may designate a maximum number of units that may be used for short-term residential.
B. All approved short-term residential rental units within a project must be managed by one or more licensed property managers, or by a property management company.
C. The owner of any short-term residential unit shall maintain a Utah sales tax license and shall collect the required transient room tax for all short-term residential rental units.
D. The manager (company) shall be located in Washington County and shall be available at all times upon the request of the city.
E. Off-street parking shall be available for RV/boat parking. On-street parking of such vehicles is not allowed, except for temporary loading and unloading not to exceed forty-eight (48) hours.
F. The city may require one or more garbage collection bins to be located on site in addition to garbage cans for individual units.
G. The recorded plat, CC&Rs, and all sales literature shall clearly state that the project, or any approved part thereof, is approved for short-term rental purposes.
H. The PDR zone map will designate where short-term residential property has been approved.
I. No short-term rental use may be approved in an existing development without the consent of all other owners of record within the development.
J. The property shall have two (2) parking spaces for each dwelling unit plus one additional space for every two (2) guest bedrooms. (A "guest bedroom" means any bedroom in the dwelling other than the first bedroom.)
K. On-street parking may be used to meet the parking requirement for a "self-contained" project as may be recommended by the planning commission and approved by the city council. "Self-contained" means that all units in the project are designated for short-term rental.
L. Tandem parking in driveways may be used to meet the parking requirement for a "self-contained" project as may be recommended by the planning commission and approved by the city council.
M. The owner or the property manager shall maintain a residential rental business license as required by the City of Santa Clara.
N. The project shall contain recreation facilities consistent with the size of the project or as may be recommended by the planning commission.
O. Short term rental of residential properties must meet all other requirements of the PDR zone.
P. Any other requirement recommended by the planning commission and adopted by the city council to promote compatibility between short-term rental properties and permanent residents. (Ord. 2020-10)
17.68.070: PROJECT PLAN AMENDMENTS:
A. The planning commission may approve an amendment to a previously approved project plan if:
1. The applicant submits a revised set of plans detailing the proposed change;
2. The proposed amendment:
a. Increases residential density by no more than a five percent (5%);
b. Increases nonresidential floor area by no more than a five percent (5%);
c. Decreases allocated parking by no more than a ten percent (10%);
d. Modifies a dimension by no more than a five percent (5%), including but not limited to setbacks, height, or lot width;
e. Modifies any other measurable criteria by no more than a five percent (5%);
f. Involves no more than five percent (5%) change in landscape requirements;
3. The proposed amendment meets all of the requirements and provisions of this chapter; and
4. The proposed amendment does not alter any approved site development regulations of the plan and does not materially alter other aspects of the plan, including traffic circulation, mixture of use types, or general physical layout.
B. To request any project plan amendment that cannot be approved by the planning commission above, an applicant must comply with the zone change procedures required under chapter 17.18 and section 17.68.30 above to request an amendment to the project plan. (Ord. 2020-10)
17.68.080: PLANNED DEVELOPMENTS APPROVED PRIOR TO THE ADOPTION OF THIS CHAPTER:
If any property has been zoned as planned development without an approved project plan, the property owner must apply for a complete zone amendment under this chapter and chapter 17.18 and obtain approval of the zone-change application before any land use entitlements may be granted for development on the property. If a property has been zoned as planned development with an approved project plan under an earlier version of this chapter, the project plan is still valid. (Ord. 2020-10)
17.68.090: DENSITY, SETBACKS, AND OTHER REQUIREMENTS:
A. The requirements provided in the table below apply to the PDR, PDC, PDO, and PDI zones as specified below:
Project Dimensions | PDR | PDC | PDO | PDI |
Project Dimensions | PDR | PDC | PDO | PDI |
Minimum Zone Size | 0 | 0 | 0 | 0 |
Base Maximum Density | 8 dwelling units per acre | 12 du/acre horizontal | n/a | n/a |
Minimum Common Open Space | 30% | n/a | n/a | n/a |
Building Setbacks for Detached Residences | ||||
Front | 20 feet | 20 feet | n/a | n/a |
Side | 10 feet | 10 feet | n/a | n/a |
Street side setback | 20 feet | 20 feet | n/a | n/a |
Rear | 10 feet | 10 feet | n/a | n/a |
Building Setbacks for Attached Residences | ||||
Front | 20 feet | Per approved plan | n/a | n/a |
Side | 10 feet | Per approved plan | n/a | n/a |
Street side setback | 20 feet | Per approved plan | n/a | n/a |
Rear | 20 feet | Per approved plan | n/a | n/a |
Building Setbacks for Other Uses | ||||
Front | 20 feet | 20 feet | 20 feet | 40 feet |
Side | 10 feet | 10 feet | 10 feet | 15 feet |
Street side setback | 20 feet | 20 feet | 20 feet | 40 feet |
Rear | 10 feet | 10 feet | 10 feet | 15 feet |
Minimum Lot Depth | 100 feet | 100 feet | 100 feet | 125 feet |
Principal Building Height | 35 feet | 35 feet | 35 feet | 35 feet |
Accessory Building Height | n/a | 20 feet | n/a | n/a |
Minimum Distance Between Buildings | 10 feet | 10 feet | 10 feet | 5 feet |
Storefront Development Option | ||||
Front | None | None | None | n/a |
Side | None except 10 feet next to residential uses | None except 10 feet next to residential uses | None except 10 feet next to residential uses | n/a |
Street side setback | None | None | n/a | n/a |
Rear | None | None | n/a | n/a |
Minimum Lot Depth | 100 feet | 100 feet | n/a | n/a |
Principal Building Height | 35 feet | 35 feet | n/a | n/a |
Accessory Building Height | 20 feet | 20 feet | n/a | n/a |
Minimum Distance Between Buildings | 10 feet | 10 feet | n/a | n/a |
B. Density: Land used for common open space, interior streets, drives, sidewalks, and other circulation ways may be included as part of the land area used for determining the number of dwelling units allowed, or the amount of required land. Land characterized by floodway, steep slopes, wetlands, or other unbuildable or sensitive lands may not be included as part of the land area for density calculations, except that a twenty five percent (25%) density provision may be applied to the buildable portion of the development. Therefore, twenty five percent (25%) of the land area of the unbuildable area may be added to the buildable portion of the property to increase net density. Density is calculated for the project and for individual phases. Within phases, density for a specific phase may exceed that permitted provided that the overall density for the project meets the required maximum density. The phase with the highest density may not be the first phase developed.
C. Where a sidewalk and a driveway are located in the same setback of a dwelling, the garage setback shall be a minimum of twenty feet (20') from the back edge of the sidewalk to the garage. Where no sidewalk is located in the setback, or where a side entry garage has a minimum twenty foot (20') long driveway from the back edge of the sidewalk, the garage setback shall be the same as required for the dwelling unit.
D. The setback and height minimums and maximums listed in this section are intended to guide the planning commission, the city council, and the project developer in reviewing the standard requirements for development throughout the city. The city council, after receiving a recommendation from the planning commission, may adopt modifications to the above specifications to provide harmony within a PD zone and as may be requested by the developer. Items of a life/safety nature (i.e., building separation as per fire code, and building code requirements) may not be modified. However, other elements of the plan may be approved according to the specific development plan, map, and text being considered as a part of the PD zone change approval. (Ord. 2020-10: Ord. 2017-07: Ord. 2016-10: Ord. 2006-02: Ord. 2004-36)
17.74.010: PURPOSE:
The purpose of the Historic District/Mixed Use Zone is:
A. Santa Clara has a strong historical background. There is a special character about the early pioneer homes that were constructed along, and near Santa Clara Drive that the city wants to maintain and preserve. Many of these early pioneer homes are already listed on the State and national list of historic places. The city has previously created a Historic District from east to west along Santa Clara Drive. Development that takes place in the Historic District will be subject to architectural design review and careful site plan review by the Heritage Commission, Planning Commission, and City Council.
B. Santa Clara City has adopted Historic District Design Guidelines that are intended to be a companion document to Chapters 17.74 and 17.76 of city code. The design guidelines are intended to promote sensitive design. The design guidelines provide a framework to create an environment that respects the special setting of the Santa Clara Historic District. All commercial and residential buildings within the Historic Districts shall be compatible with both the visual qualities of the immediate area in which the property is located, as well as the overall context of the Historic District.
C. To encourage the continued use, maintenance and special character of homes and businesses in the Historic District, this chapter contains provisions allowing for the mixed use of land for residential and commercial uses. The intent of these provisions is to encourage flexibility and creativity in the design and development of comprehensively planned mixed use of property that would not be possible under conventional zoning districts. Some of the specific purposes of this zone are to:
1. Encourage residential uses in conjunction with commercial and other compatible activities to create an active street life, enhance the vitality of businesses, reduce vehicular traffic, and maintain the special character of the Historic District;
2. Encourage orderly, planned development of mixed-use developments in the Historic District by providing procedures for plan review and approval;
3. Assure compatibility of proposed land uses with surrounding historic uses by incorporating higher standards designed specifically for the Historic District;
4. Strengthen the City's economic base and to provide linkages between employment opportunities and housing;
5. Encourage open space to function for the general benefit of the City;
6. Encourage and provide for non-vehicular circulation linking developed areas, open spaces and public facilities;
7. Promote the reuse of existing historic structures for the purpose of stabilizing and improving property values;
8. Foster civic pride in the beauty, history, and accomplishments of the past;
9. Protect and enhance the City's attractions for tourists and visitors; and
10. Strengthen and help diversify the economic well-being of the City and promote the use of historical-cultural landmarks for education, pleasure, and the welfare of the community. (Ord. 2024-12: Ord. 2022-22: Ord. 2017-14: Ord. 2004-01 § 2)
17.74.020: FEES AND PERMITS:
The requirements of chapter 17.04 of this title regarding such things as fees, enforcement, permits, violation, and all other similar items, including penalties, shall apply to this chapter. (Ord. 2024-12: Ord. 2022-22: Ord. 2004-01 § 2)
17.74.030: PERMITTED USES:
Subject to the requirements imposed in this chapter, permitted uses within this zone include:
Commercial Uses:
Animal hospital for small animals conducted within an enclosed building.
Antique, import, or souvenir shop.
Athletic and sporting goods store.
Bakery manufacture limited to foods retailed on the premises.
Barber or beauty shop.
Bed and breakfast.
Bicycle sales and service.
Bookstore, retail.
Camera and small electronic sales.
Candy store, confectionary.
Clinics, medical or dental.
Coffee shop, walk-up.
Florist shop.
Fruit and produce stand.
Gift store.
Government buildings or uses, non-industrial.
Grocery store, neighborhood market.
Hardware store.
Health food store.
Hobby and craft store.
Ice cream parlor.
Insurance agency.
Interior decorating and design.
Jewelry store sales and service.
Legal office.
Library.
Medical office.
Mortuary.
Museum.
Music store.
Open space and recreation facilities.
Optometrist, optician, or ophthalmologist.
Outdoor dining area.
Pet and pet supply store.
Pharmacy/drugstore.
Physician or surgeon office and clinic.
Professional office.
Real estate agency.
Retail sales.
Restaurant, sit down.
Soda shop, walk-up.
Shoe store and repair.
Theater.
Travel agency.
Variety store.
Residential Uses:
Accessory buildings on lots where a main building exists, or for which a building permit has been issued.
Conversion between single-family residential and commercial use.
Home gardens and fruit trees, keeping of household pets, etc.
Internal accessory dwelling unit, IADU as per Chapter 17.22 of city code.
Multi-family dwellings, such as a duplex, twin home, or townhome, but only in the following circumstances:
A. When attached to a commercial building (vertical or horizontal), or part of a commercial, mixed-use development;
B. When constructed to the rear of an existing single-family dwelling; or
C. When constructed on a vacant parcel which does not have frontage on Santa Clara Drive.
Single-family residential dwellings.
(Ord. 2024-12: Ord. 2022-22: Ord. 2017-14)
17.74.035: CONDITIONAL USES:
Subject to the requirements imposed in this chapter, or as may be recommended by the Heritage Commission and approved by the Planning Commission, conditional uses within this zone may include:
Accessory dwelling unit, ADU as per Chapter 17.22 of city code.
Childcare or nursery school.
Coffee shop, drive-through.
Commercial warehouse constructed on a vacant parcel that does not have frontage on Santa Clara Drive.
Convenience store, including gasoline sales.
Public and quasi-public buildings and facilities.
Restaurant, drive-through.
Short term rental properties, which shall be subject to the applicable requirements of this chapter along with the following specific requirements:
A. Each short term residential rental property shall have one parking space for each bedroom.
B. The owner, or the property manager, of a short-term residential property shall obtain a yearly residential business license as required by the City of Santa Clara.
C. Short term residential properties shall meet all other standard requirements of the zone.
D. There shall be no violations of laws, ordinances, or regulations of this Code, with any violation being grounds for termination/revocation of the conditional use permit.
Soda shop, drive-through.
Other uses determined by the Planning Commission, with input from the Heritage Commission, as being in harmony with the intent and purpose of the zone.
(Ord. 2024-12: Ord. 2022-22: Ord. 2017-14: Ord. 2013-16)
17.74.040: DEVELOPMENT STANDARDS:
A. Primary Building Height: Primary building height shall be the average height of adjacent units on the same block unless a greater height is approved by the Planning Commission, upon recommendation from the Heritage Commission, as being necessary for proper compatibility of various elements of the overall development plan, and to ensure that any infill and replacement dwellings are compatible with the dimensions of the adjacent dwellings. In no event shall the maximum height of any building exceed thirty feet (30'). Accessory buildings shall not exceed two (2) stories, up to twenty-five feet (25') in height.
B. Minimum Lot Size: Six thousand (6,000) square feet for a single-family dwelling unit, and eight thousand (8,000) square feet for a multi-family dwelling unit.
C. Density: The maximum residential density shall not exceed eight (8) dwelling units per acre whether single-family or multi-family residential. This also applies to projects without individual lots but rather building pads and common area. For properties with an existing dwelling unit(s), this will apply to density calculations.
D. Front Yard Setbacks: Front yard setbacks shall be twenty feet (20') from the property line for residential uses unless the dwellings (buildings) on adjacent lots are less than twenty feet (20'), in which case the building may be located at the average of the buildings on each side of the subject parcel. The front setback of any commercial use building with frontage along Santa Clara Drive shall be determined through discussion with, and approval of, the Planning Commission, but shall not be less than ten feet (10') from the front property line.
E. Corner Side Yards: Side yards on a corner lot having street frontage on two (2) or more sides shall be the same as that required for the front yard, or the average of adjacent units or the block, or as may be approved by the Planning Commission.
F. Interior Lot Line Side Yards: Side yards on the interior lot line shall be a minimum of five feet (5') to property line, with a minimum of ten feet (10') between structures on adjacent parcels.
G. Rear Yards: Rear yards shall be a minimum of ten feet (10') unless otherwise approved by the Planning Commission.
H. Multiple Building Setbacks on The Same Lot: Setbacks between multiple detached buildings on the same lot shall be a minimum of ten feet (10').
I. Floor Area: In new developments the minimum floor area shall be a minimum of seven hundred (700) square feet living space per unit unless otherwise recommended by the Planning Commission and approved by the City Council, plus required parking, and landscaped areas.
J. Minimum Lot Frontage: Fifty feet (50') for a six thousand (6,000) square foot lot, and seventy feet (70') for an eight thousand (8,000) square foot lot, unless approved as a flag lot, or as may be otherwise approved by the Planning Commission.
K. Maximum Size of Accessory Buildings: The maximum ground floor area of any accessory building shall not exceed one thousand (1,000) square feet, unless a larger building is approved by the City Council after considering the recommendations of the Heritage Commission and Planning Commission. (Ord. 2024-12: Ord. 2022-22: Ord. 2019-01: Ord. 2017-14)
17.74.050: MODIFYING REGULATIONS:
A. It is the intent of the city to encourage creative design. Existing historical dwellings and buildings may be preserved and enhanced with commercial, residential, or mixed uses.
B. Open spaces and outdoor living areas are encouraged. Lack of such areas may be the basis for denial of a zone change request. Circulation between developments in the Historic District is encouraged. Visitors to the area should be encouraged to visit, park, walk between developments, and enjoy the time spent in a quiet and relaxing atmosphere. Public access to open space areas will also be considered in approving the Development Plan.
C. Cooperation between property owners on adjacent properties is strongly encouraged.
D. In any zone in which residential dwellings or dwelling units are permitted, portable or mobile recreational units such as campers, travel trailers, fifth wheel trailers, tent trailers, tents or any other type of recreational, mobile or portable housing unit ("recreational housing unit") are not permitted for housing use, except that such a unit may be used to house guests of the primary dwelling for up to eight (8) days in any calendar month without being in violation of this title subject to the following conditions:
1. No recreational housing unit may be located on any street or other part of a public right-of-way, except for temporary loading and unloading of such unit but not to exceed forty-eight (48) hours.
2. A recreational housing unit may be in the side or rear yard of the permanent residential dwelling.
3. The use of such recreational housing unit shall not cause unusual noise, require additional automobile parking, or other problems to adjacent neighbors.
4. No recreational housing unit shall be permitted on any property that does not contain a dwelling or dwelling unit located on the property.
5. Where an unusual health related hardship exists for an extended family member of the principal dwelling unit, the Planning Manager or designee may grant a time extension beyond the eight (8) daytime limit for occupancy of the recreational housing unit. However, any time extension beyond sixty (60) days shall require the approval of the City Council. (Ord. 2024-12: Ord. 2022-22: Ord. 2015-05: Ord. 2004-01 § 2)
17.74.060: SUPPLEMENTARY AND QUALIFYING REGULATIONS:
The requirements of chapter 17.20, "Supplementary and Qualifying Regulations", of this title, regarding such things as lot ownership and standards, utility requirements, dumping or disposal, moving of dwellings, shall apply to the extent applicable to this chapter. (Ord. 2024-12: Ord. 2022-22: Ord. 2004-01 § 2)
17.74.070: WALLS, FENCES AND HEDGES:
Any wall, fence, or hedge proposed to be located on any parcel of land shall be specifically approved by the Planning Commission. Walls, fences, and hedges separating adjoining propertiesshall be sensitively designed as per the Historic District Design Guidelines. All applicable requirements of Chapter 17.28, “Walls, Fences and Hedges,” of this title, shall apply unless modified by the Planning Commission. (Ord. 2024-12: Ord. 2022-22: Ord. 2004-01 § 2)
17.74.080: ACCESS AND LOADING:
Access to parcels of property shall be reviewed and approved by the Planning Commission. Requirements of chapter 17.36, "Motor Vehicle Access and Loading", of this title, shall be used as a guideline but may be modified to fit individual situations as part of the site plan review. Some access drives may be approved as being temporary until such time as additional properties in an area are changed to this zone.
All other requirements of chapter 17.36, "Motor Vehicle Access and Loading", of this title, will be reviewed as part of the site plan review and exceptions to the requirements may be made as indicated above to the extent that such exceptions will enhance the overall development of the property and will not compromise the health, safety, and welfare of the public. (Ord. 2024-12: Ord. 2022-22: Ord. 2004-01 § 2)
17.74.090: PARKING AREAS:
All parking areas shall be approved by the Planning Commission as to number of spaces required and the location of off-street parking in relation to the balance of the development. The guideline for parking shall be one (1) space for every two hundred fifty (250) square feet of commercial floor area and two (2) spaces, one (1) of which shall be covered, for each residential dwelling.
A. The Planning Commission may use the additional requirements of chapter 17.32, "Off Street Parking Requirements", of this title, but shall determine the number of spaces required based upon the plan submitted, and the type of use proposed. Shared parking between adjacent parcels is encouraged, and excessive parking shall be avoided. Parking should be located to the side or behind a building, where its visual impact will be minimized.
B. Exceptions to the parking requirements contained in Chapter 17.32 of city code may be considered on a case-by-case basis to promote compatibility with the character of the Historic District. The property owner/developer will be required to submit technical information done by a licensed professional that justifies any requested exception.
C. All access drives shall be approved as part of the site plan approval. Reduced widths of driveways will be considered on an individual site plan basis. Curb cuts, driveways, and off-street parking shall be carefully designed to protect the historic character of the district.
D. All driveways and parking areas, unless determined to be temporary in nature, shall be surrounded by a concrete curb or other appropriate material as approved with the Site Plan. Surface of parking areas may be as approved by the Planning Commission. (Ord. 2024-12: Ord. 2022-22: Ord. 2017-14: Ord. 2004-01 § 2)
17.74.100: SIGNS:
The requirements of chapter 17.44, "Signs", of this title, will be followed in allowing signs within the zone, unless otherwise approved by the Planning Commission in harmony with the intent and purpose of this zone. (Ord. 2024-12: Ord. 2022-22: Ord. 2004-01 § 2)
17.74.110: NATURAL HAZARDS:
The requirements of chapter 17.48, "Construction Subject to Natural Hazards", of this title, relative to hazards related to site development, will be reviewed by the Planning Commission as may be applicable to the development plan submitted. (Ord. 2024-12: Ord. 2022-22: Ord. 2004-01 § 2)
17.74.120: PROPERTY REZONING:
An application to rezone property to the Historic District/Mixed Use (HD/MU) Zone shall be made in the same manner as a zone change to any other zone in the City. An application shall be filled out in the City office requesting the zone change. After paying all fees, and submitting all information required by this chapter, or by other chapters of the zoning ordinance where applicable, the zone change will be processed by the city.
Where zoning requests are tied to a parcel of property upon which is located an existing dwelling unit, all requests shall be considered based on creatively maintaining, enhancing and preserving the historical character of the original dwelling as a part of the approved zone change. (Ord. 2024-12: Ord. 2022-22: Ord. 2017-14)
17.74.130: SITE PLAN REVIEW:
The Site Plan Review process includes review and recommendations by the TRC, Heritage Commission, Planning Commission and approval by the City Council. The following elements shall be addressed as a part of the site plan review. Other elements that may be required by Heritage Commission, TRC, the Planning Commission, and City Council shall also be included. The site plan shall be drawn to a reasonable scale by an engineer, land surveyor, architect, or a landscape architect, or a combination thereof.
A. Existing Conditions:
1. The boundary line of the property including dimensions of property lines. An electronic copy shall be submitted showing the property survey so that it can be integrated into the City system;
2. The location and names of existing adjacent streets;
3. Topography at two feet (2') intervals unless waived by City staff;
4. The acreage or square footage of the proposed site;
5. The location of all existing structures and the square footage of each;
6. A sketch of the floor plan of all existing buildings including the location of all entrances and exits;
7. The location of any existing parking or paved areas;
8. The location of accessory buildings, sidewalks, large trees, or other site features planned to be retained as part of the new development;
9. New buildings will require a soils (geotechnical) report to be submitted. A soils report is not required for existing buildings;
10. If stormwater runoff is handled on site, a document showing how the drainage will be handled, stamped by an engineer, must be submitted. Credit may be given for on-site retention;
11. Any other features required to be identified by the TRC and/or the Planning Commission.
B. Proposed Development Requirements: The proposed development shall show and include the following information:
1. Common facilities such as recreation, sitting, walking, or other such uses;
2. Site amenities such as patios, pools, fountains, play areas, etc.;
3. Location of all proposed new buildings including:
a. Heights;
b. Number of residential dwelling units or commercial units;
c. Proposed use of each area;
d. Floor plan sketch of proposed residential areas; and
e. Entrances and exits.
4. Location and type of open space all of which shall show how it is to be developed and used. It may be left as undeveloped property. Plan shall pay special attention to soils conditions and the relationship of development to the toe of the hill if it is adjacent to, or includes any property on, the hillside;
5. Location of driveways and parking areas;
6. The percentage of land to be used for various purposes;
7. A generalized landscape plan of the entire parcel;
8. Utility services. The location of all utility services, including fire hydrants shall be indicated on the development plan or a separate sheet;
9. Lighting proposal for businesses, residential areas, parking, and driveway locations. All parking areas shall be lighted during hours of darkness using light fixtures that control the spread of light (shielded and directed downward) so that lights will not create a nuisance to other uses;
10. Refuse storage areas;
11. Locations and plans for all proposed signs;
12. Elevation drawings of all proposed buildings;
13. Other items that may be required by the Planning Commission as a part of the site plan review.
C. Architectural Standards: See also "Historic District Design Guidelines".
1. The architectural character of all existing buildings, including accessory buildings, shall not be changed until reviewed and approved as a part of the site plan review and approval of the City.
2. The architectural character of new construction on the site shall harmonize with the existing structure unless otherwise approved by the City as a part of the site plan approved by the City.
3. Developers are encouraged to review early pioneer architecture along Santa Clara Drive, and in adjacent cities such as St. George and Washington, to develop an architectural character that is compatible with the early pioneer development of the area.
4. No residential dwelling shall have less than seven hundred (700) square feet of living area unless specifically approved by the Planning Commission and City Council as a part of a mixed-use dwelling already existing on the property.
5. The proposed architectural character of all new development and any changes to the existing structures shall be reviewed by the Heritage Commission and Planning Commission. Drawings and elevations are useful in showing how structures are to be designed and constructed.
6. Santa Clara has adopted a "streetscape" plan for the development of Santa Clara Drive right-of-way. For all properties having frontage along this street, the development plan shall include all recommendations of the streetscape plan as it relates to the proposed development. It is important that continuity be created between properties in the Historic District.
D. Impact: The impact on surrounding neighborhood uses shall be considered as a part of the development plan. The developer may submit estimates as to the impact of the project on the following elements, or the Planning Commission may examine these types of issues based upon their knowledge and understanding of the City. Staff opinions may also be considered by the Planning Commission.
1. Any significant impact on traffic;
2. The impact on utility systems;
3. Any anticipated noise levels;
4. Stormwater runoff from the property;
5. Visual and aesthetic qualities;
6. Other considerations, such as hours of operation, that may be raised by the Planning Commission during plan review. (Ord. 2024-12: Ord. 2022-22: Ord. 2017-14: Ord. 2004-01 § 2)
17.74.140: PLAN APPROVAL:
After review of the proposed site plan and following receipt of any recommendations of the TRC and Heritage Commission, the Planning Commission may recommend the site plan as submitted, or as may be amended because of site plan review, to the City Council for final review and approval. Following action by the City Council, the applicant may request permits for the development to be issued by the Building Department. Upon City Council approval, the development project shall be diligently pursued to final completion.
On the date the site plan and zoning are approved by the City Council, all conditions and requirements attached to that approval are binding on the property unless an amendment is approved. All subsequent development and use of the property shall be in accordance with the approved plan. If a subdivision was a part of the application, the effect of approval will also result in an approved preliminary plat. The requirements for final subdivision approval and recording shall be met by complying with all requirements of the City subdivision ordinance prior to any development taking place on the property.
The rezoning of property, along with the approval of a site-specific development plan for the property so zoned, shall run with the land. Any subsequent owner will be bound by the same plans and requirements as originally approved unless the specific plans are subsequently amended by the Planning Commission and City Council. (Ord. 2024-12: Ord. 2022-22: Ord. 2017-14: Ord. 2004-01 § 2)
17.76.010: PURPOSE:
The city of Santa Clara recognizes the historical heritage of the Santa Clara community as a valued and important asset. (Ord. 2024-12: Ord. 2022-23 § 1: Ord. 97-06 § 18-1)
17.76.020: DEFINITIONS:
The following terms shall have the meanings set out below for the purposes of this chapter:
CITY COUNCIL: | The city council of the city of Santa Clara. |
HERITAGE COMMISSION: | The heritage commission of the city of Santa Clara. |
EXTERIOR DESIGN PROPOSAL: | A. Any rehabilitation, reconstruction, painting of a building’s exterior, re-roofing, or an addition to the exterior of a significant historic building. B. Any demolition or relocation of a significant historic building. C. Any new construction within the historic district except for minor additions to non-historic buildings; or D. Any sign proposed to be placed or modified within the historic district. |
HISTORIC DISTRICT: | The lands within the city's historic district overlay zone. |
LANDMARK SITE: | A building, site, or structure designated as a landmark site by the city council after recommendation by the heritage commission. |
MINOR ADDITION: | An addition to a non-historic building of six hundred (600) square feet or less. |
NON-HISTORIC BUILDING: | A building within the historic district that is not a "significant historic building" as defined in this section. |
PLANNING COMMISSION: | The planning commission of the city of Santa Clara. |
SIGNIFICANT HISTORIC BUILDING: | A building, site or structure that is: A. A designated landmark site. B. A building within the historic district built as a residence during the late 19th century to mid-20th century (see Historic District Design Guidelines); or C. Within the historic district determined by the heritage commission to be historically important due to its age or architecture. (Ord. 2024-12: Ord. 2022-23 § 1: Ord. 2009-17 § 1: Ord. 97-06 § 18-6) |
17.76.030: OVERLAY ZONE AND BOUNDARIES:
The Santa Clara historic district zone is established which shall be an overlay zone over the existing districts shown on the official Santa Clara City zoning map. In cases of conflict between this chapter and other provisions of this title, this chapter shall apply. (Ord. 2024-12: Ord. 2022-23 § 1: Ord. 97-06 § 18-2)
17.76.040: BOUNDARIES:
The boundaries of the Santa Clara historic district overlay zone are set forth as those areas indicated on the zoning map included as a part of this chapter. (Ord. 2024-12: Ord. 2022-23 § 1: Ord. 97-06 § 18-3)
17.76.050: HERITAGE COMMISSION:
The city of Santa Clara hereby establishes a heritage commission with the following provisions:
A. The heritage commission shall consist of five (5) members appointed by the mayor with the advice and consent of the city council for a five (5) year term, except that in making the initial appointment, the mayor and council shall appoint two (2) members for a term of three (3) years; and three (3) members for a term of five (5) years. Members shall not serve more than two (2) consecutive five (5) year terms. Each member shall have demonstrated interest, competence, or knowledge in historic preservation. An architect with expertise in historic preservation may be involved in the process on a case-by-case basis as determined by city staff. Additionally, the planning manager or designee shall be responsible for providing staff support to the heritage commission.
B. The city council may appoint from time to time one of its members to serve as a non-voting liaison to the heritage commission.
C. The heritage commission shall meet at least four (4) times each year except that the heritage commission may assemble as required to fulfill the duties of the heritage commission and conduct meetings in accordance with the open public meeting laws of Utah. Upon appointment of the initial heritage commission by mayor and city council, the heritage commission shall meet and elect one of its members as chairperson. The heritage commission shall then provide for the rules and procedures for the holding of regular and special meetings of the heritage commission as deemed advisable and necessary.
D. The heritage commission shall elect a chair and vice-chair from among its members yearly. The election of the chair and vice-chair will occur during the first regularly scheduled heritage commission meeting each year.
E. Vacancies shall be filled for the unexpired term of any member whose term is vacant. Any member may be removed for cause by the appointing authority.
F. The members of the heritage commission shall serve without compensation; however, they shall be entitled to be reimbursed for any actual expenses by them in the performance of their duties. (Ord. 2024-12: Ord. 2022-23 § 1: Ord. 2009-17 § 1: Ord. 2009-13 § 1: Ord. 2000-03 § 1: Ord. 97-06 § 18-4)
17.76.060: HERITAGE COMMISSION DUTIES:
The heritage commission shall have the following duties:
A. Survey And Inventory Community Historic Resources: The heritage commission shall conduct, or cause to be conducted, a survey of the historic, architectural, and archaeological resources within the city. The survey shall be compatible with the Utah Inventory of Historic Archaeological Sites. Survey and inventory documents shall be maintained and shall be open to the public. The survey shall be updated every ten (10) years.
B. Review Proposed Nominations to The National Register of Historic Places: The heritage commission shall review and comment to the state historic preservation officer on all proposed national registry nominations for properties within the city's boundaries. When the heritage commission considers a national register nomination which is normally evaluated by professionals in a specific discipline and that discipline is not represented on the heritage commission, the heritage commission shall seek expertise in that area before commenting on the nomination.
C. Provide Advice and Information: The heritage commission shall:
1. Act in an advisory role to other officials and departments of government regarding the identification and protection of local historic and archaeological resources; and
2. Work toward the continuing education of citizens regarding historic preservation and community history.
D. Enforcement Of State Historic Preservation Laws: The heritage commission shall support the enforcement of all state laws relating to historic preservation. These include but are not limited to: Utah Code Annotated 17A-3-1301, the historic district antiquities, and Utah Code Annotated 9-8-4-4 regarding the notification of the state historic preservation officer of any known proposed action that will destroy, or affect, a site, building, or object, owned by the state of Utah and included on, or eligible for, the state of national registers.
E. Act As Design Review Committee: Act as the historic district design review committee with respect to new construction (excluding minor additions), exterior design proposals, demolition, or relocation, of a significant historic building, or any construction or modification of a sign within the historic district. (Ord. 2024-12: Ord. 2022-23 § 1: Ord. 2009-17 § 1: Ord. 2000-03 § 1: Ord. 97-06 § 18-5)
17.76.070: REVIEW AND PERMIT PROCEDURE:
A. Upon submission to the planning commission of a concept plan for development located within the historic district, the planning commission or designee shall inform the developer and/or owner of the heritage commission's required submittals and review procedures. The heritage commission shall review all development proposals submitted to the planning commission within the historic district and report to the planning commission on the proposals.
B. When a request for a building permit is made to the city based upon an exterior design proposal, the heritage commission shall review, at a minimum, the exterior design of buildings, architectural treatment, landscaping, design of signs and other items related to design objectives, to determine whether proposed construction substantially complies with historic district design guidelines and make a report to the planning commission prior to the issuance of a building permit.
C. All exterior design proposals shall be subject to planning commission approval after recommendation from the heritage commission. No building permit shall be issued in the historic district without this approval.
D. The heritage commission and city staff shall exercise continuing review of a project as it progresses from conceptual stage through construction and completion to ensure compliance with historic district design guidelines and planning commission approvals.
E. After the denial of a permit by the planning commission, an applicant may request an exemption as provided in subsection F of this section or may appeal to the city council for approval. On appeal to the city council, its decision shall be final.
F. A property owner may be exempted from the restrictions imposed by this chapter on significant historic buildings by applying for an exemption. The application shall state the reasons why: 1) the building is no longer suitable for present purposes; and 2) why the applicant cannot earn a reasonable return from use or rental of the building if altered, reconstructed, or demolished within the limitations and guidelines adopted under this chapter. Determination of whether a building is appropriate for exclusion from the application of this chapter shall be made by the planning commission upon recommendation by the heritage commission. If an applicant desires to appeal the denial of an exemption or the heritage commission desires to appeal the granting of an exemption, the applicant or heritage commission may request consideration by the city council, and its decision, after a public hearing, shall be final. (Ord. 2024-12: Ord. 2022-23 § 1: Ord. 97-06 § 18-7)
17.76.080: DEMOLITION OF SIGNIFICANT HISTORIC BUILDINGS WITHIN THE HISTORIC DISTRICT WHICH ARE NOT DESIGNATED LANDMARK SITES:
A. When an application is made for a demolition permit affecting a significant historic building which is not a designated landmark site, the heritage commission and planning commission shall:
1. Review the condition of the building to determine the impact of the demolition on the neighborhood and the technical feasibility for preserving the structure.
2. If new construction is proposed for the site, it should be reviewed in conjunction with review of the demolition permit application.
3. The application shall also describe the reason for the demolition and any development proposed for the demolition site including renderings of the proposed new construction.
B. Demolition permits for significant historic buildings not designated a landmark site, shall not be recommended by the heritage commission and approved by the planning commission until both commissions have had reasonable time, not to exceed ninety (90) days from receipt of completed application, to review the proposed new construction, and make recommendations regarding compliance with the historic district design guidelines. Granting of the permit shall be determined after review by the heritage commission prior to planning commission recommendations. The building official may allow for an exception on a case-by-case basis for fire and/or water damage. (Ord. 2024-12: Ord. 2022-23 § 1: Ord. 97-06 § 18-8)
17.76.090: ADMINISTRATION:
A. The planning commission may, upon written recommendation of the heritage commission, recommend to the city council, rules, regulations, and guidelines to implement and administer the purposes and intent of this chapter.
B. Until at least three (3) members of the heritage commission are appointed, the planning commission shall serve as the heritage commission. (Ord. 2024-12: Ord. 2022-23 § 1: Ord. 97-06 § 18-9)
17.80.010: PURPOSE AND INTENT:
A. Purpose: The city finds that the health, safety, and general public welfare of the current and future residents of the city and the fiscal health of the city will be promoted by establishing standards for the development and grading on hillsides and slope areas wherever development is proposed to be located in the city. The purpose of the HP hillside protection overlay zone is to minimize soil and slope instability and erosion, to minimize the adverse effects of grading, to minimize surface and subsurface water problems, preserve the character and aesthetics of the city's developed and undeveloped hillsides and to otherwise supplement and amplify the city subdivision and zoning ordinances while protecting and preserving significant scenic resources for the long term benefit of Santa Clara City as a whole. This is facilitated by establishing a hillside review board (HRB) as a recommending body to staff, the planning commission and the city council. The HRB will review proposed projects in the HP zone based on this chapter. Additionally, the purpose of this HP zone is to further the goals and policies of the general plan in relation to land use, densities, open space and community image.
B. Intent: The standards set forth herein are intended to achieve the following objectives:
1. Minimize adverse soil and slope instability; decrease the potential for erosion; prohibit activities and uses which would result in the degradation of fragile soils and steep slopes.
2. Protect and preserve the visual resources which are of significant value to the community. Such resources include, but are not limited to, major hillsides, hilltops, ridges and ridgelines, knolls, mesas, cuestas and escarpments, boulder outcroppings and large boulders, canyons and natural drainage areas, and other areas of historical or visual significance. Retain the integrity of significant on site and off site views to or from these resources.
3. Minimize the adverse effects of grading and cut and fill operations; avoid highly visible scarring of hillsides and protect natural vegetation, sensitive hydrologic features including both surface and subsurface water, and visually prominent landforms.
4. Discourage mass grading and terracing of large pads but permit flexibility for reasonable development practices as appropriate.
5. Establish a hillside development process that requires applicants to select suitable development sites on their property through the use of slope calculations, maximum land holding capacity, or development agreements to determine the appropriate density, intensity, design and location of structures and improvements.
6. Provide hillside development standards and guidelines that maximize the positive impacts of site sensitive design, grading, landscape architecture and building architecture that will protect the inherent scenic value in the proposed projects subject to this chapter.
7. Permit the flexibility to modify or remove relatively small topographic features which have slopes distinctly different from surrounding property in order to facilitate reasonably efficient development in a particular area. The exclusion of such features or areas shall not be contrary to the overall purpose of this chapter.
8. Encourage the appropriate location, design and development of proposed projects which provide enhanced human enjoyment, while protecting people and property from hazardous conditions including rockfalls, rolling boulders, unstable slopes, landslides, mudslides, and erosion.
9. Minimize the impacts of development to the surrounding natural environment by controlling the location, intensity, pattern, design, construction techniques, and materials of development.
10. Provide for the ongoing upkeep and maintenance of all projects approved within the hillside protection overlay zone.
11. Prohibit development of uses which would likely result in an especially risky or hazardous situation (peril, jeopardy, or to expose to danger) due to slope instability, rockfalls, excessive soil erosion, expansive soils, surface water problems or subsurface water problems.
12. Prohibit building in areas in which geologic hazards cannot reasonably be mitigated to a generally acceptable level.
13. Encourage the city and owners to work together on homesites in existing subdivisions to allow building so long as it can be done safely.
14. Notwithstanding the above, the city council may grant a variance to allow building in any situation where a reliable taking analysis performed by the city attorney reveals that there is good cause for the property owner to assert that the city is taking all, or substantially all, of the value of the property being developed and that competent engineering, approved by the city engineer, reveals that the property will be graded and built upon safely. In the event that the affected landowner shall not be satisfied with the taking analysis, the landowner may seek the opinion of the state of Utah property ombudsman, which the city council will then consider in making its decision on the variance. (Ord. 2008-14)
17.80.020: APPLICABILITY:
The standards, guidelines and procedures established by this chapter shall apply to all lands lying within the hillside protection overlay zone as delineated in exhibit A attached to the ordinance codified herein or in rare cases in other areas deemed to meet the intent of this chapter by the city staff due to slopes greater than fifteen percent (15%). In addition, all properties seeking annexation or preapproval of projects pending annexation to the city will be evaluated according to the standards and procedures outlined in this chapter.
A. HP Hillside Protection Overlay Zone: The HP zone is delineated in the hillside protection overlay zone exhibit attached to the ordinance codified herein. The HP zone established by this chapter shall overlay the existing zoning classifications listed in this title. In cases of conflict between the provisions of this chapter and other established regulations, the most restrictive provisions shall apply. Lands located within the HP zone are encouraged to apply for planned development (PD) zoning to discourage hillsides from being disturbed and encourage clustering of development on land more suitable for development.
B. Hillside Classification Standards: Each slope category range delineates the relative suitability of land for development.
1. The slope categories are described as follows:
a. Zero percent (0%) to fifteen percent (15%); flat to gently rolling land: Development with grading is permitted in this zone. These areas are still subject to the requirements of the excavation and grading permit requirements of the applicable building code.
b. 15.01 percent to twenty five percent (25%); moderate hillside: Special hillside architectural and design techniques that minimize grading and harmonize the built and natural environments are required in this zone. Architectural prototypes and infrastructure elements are expected to complement the natural landform by using techniques required herein. Impact of streets and trails is to be minimized by following natural contours where practicable.
c. 25.01 percent to thirty percent (30%); hillside: Development within this zone shall be restricted to slopes where it can be demonstrated with sufficient evidence to the HRB that slopes are safe and that environmental and aesthetic impacts can be minimized. The use of larger lots, variable setbacks, and variable building structural techniques such as stepped or pole foundations are expected. Structures shall blend with the natural environment through their shape, materials, and colors. Impact of streets and trails is to be minimized by following natural contours where practicable.
d. 30.01 percent to forty percent (40%); steep hillside: This is a sensitive slope condition and development is limited unless a specific exception is allowed by the city council as outlined in this chapter.
e. Greater than forty percent (40%); mountainous: This is a severe slope condition and development is prohibited unless a specific exception is allowed by the city council as outlined in this chapter.
2. Restrictions on potential development apply to the hillside protection overlay zone in order to preserve the character of the natural terrain as much as possible. The following provisions shall be applied to development within the HP zone:
SLOPE AND REQUIRED OPEN SPACE
Slope Category (Percent Natural Slope)
| All Zones Required Open Space
| |
0 - 15 | Underlying zoning applies | |
15.01 - 25 | Underlying zoning applies | |
25.01 - 30 | 70 percent | |
30.01 - 40 | 90 percent | |
40.01 plus | 100 percent | |
(Ord. 2008-14)
17.80.030: APPLICATION PROCEDURE:
A. Applicable Provisions: All underlying zoning restrictions shall apply.
B. Permits Required: No person shall grade or construct upon property defined in the HP hillside protection overlay zone without first obtaining all required permits issued by Santa Clara City. This includes a hillside protection overlay zone permit, which shall be issued by the city's designee after HP zone plan review by city staff, hillside review board and planning commission and approval by city council. Development plans in the HP zone may be approved subject to conditions. The hillside review board (HRB), and planning commission shall evaluate each plan, and recommend comments, corrections and conditions. Plans shall demonstrate compliance with adopted building and grading codes in addition to this code.
C. Standards For Approval: The city council in approving, denying, or approving with conditioned approval shall apply the standards imposed by the ordinances of the city of Santa Clara, including this hillside protection overlay zone. In addition thereto the city council may impose such conditions on approval as may be necessary to ensure the safety of the proposed development, as may be recommended by either the landowner's (or developer's) engineer or the city engineer.
D. Application And Cost Recovery: Application shall be made for HP zone plan review upon the forms provided by Santa Clara City. The application shall be accompanied by the required reports described below. Costs for city staff review and approval of required documents under this section shall be recovered through a fee established by resolution of the city council.
E. Required Documents: The following documents are required to be submitted to the city's designee. Conditions of approval may be established based on the findings of such documents. These conditions shall become a part of the record and be considered binding upon the applicant as part of the approved plan. The HRB and planning commission shall review the submittal and provide a recommendation of denial, approval or conditional approval to the city council.
1. Slope Analysis Exhibit: All parcels containing areas determined to be within the HP zone as defined herein shall prepare a detailed slope analysis exhibit.
a. For the slope analysis, the applicant shall use a base topographical map of the subject site, prepared and signed by a Utah licensed civil engineer or land surveyor. This base topographical map shall include all adjoining properties within one hundred fifty feet (150') of the site boundaries to portray the site's context.
b. The slope analysis calculations shall be prepared by a Utah licensed professional who is proficient in creating the exhibits with the use of computer software designed for preparing said exhibits. This slope analysis shall be prepared using CAD based or GIS based software specifically designed for such purpose. Contours on the exhibits shall be prepared using no greater than two foot (2') contour intervals with ten foot (10') contours being clearly labeled and at a scale of not less than one inch equals one hundred feet (1" = 100'). The slope analysis exhibit shall delineate slope bands, with contrasting colors, for the following slope ranges: zero percent (0%) to fifteen percent (15%), 15.01 percent to twenty five percent (25%), 25.01 percent to thirty percent (30%), 30.01 percent to forty percent (40%), and 40.01 percent or greater.
c. Also included in the slope analysis exhibit shall be a tabulation chart indicating the land area in acres within each slope category as identified herein.
d. Also included in the slope analysis exhibit shall be a sufficient number of slope cross sections to clearly illustrate the extent of the proposed grading. The slope cross sections shall:
(1) All be drawn at the same scale and indexed, or keyed, to the existing topography, grading plan, and project site map. Both vertical and horizontal scales shall be indicated and be of the same scale. The slope cross section shall extend at least one hundred fifty feet (150') outside the project site boundary to clearly show impact on adjacent property. Slopes shall be calculated in intervals no greater than forty feet (40') along the cross sections.
(2) At a minimum, sections shall be drawn along those locations of the project site where:
(A) The greatest alteration of existing topography is proposed;
(B) The most intense or massive development is proposed;
(C) The site is most visible from surrounding land uses;
(D) Where grading will impact natural drainage conditions.
(3) At least two (2) of the slope profiles shall be roughly parallel to each other and roughly perpendicular to existing contour lines.
(4) The slope cross sections shall be stamped and signed by a Utah licensed professional proficient in creating such cross sections indicating the datum, source, and scale of topographic data used in the slope profiles. The signer shall attest to the fact that the slope profiles have been accurately calculated and identified.
(5) The slope cross sections shall show existing and proposed topography, structures, and roadways. Proposed topography and features shall be drawn with a solid line. Existing topography and features shall be drawn with a dashed line.
2. Concept Plan: The conceptual plan shall be reviewed by city staff, HRB, planning commission, and city council. Any application for a use in the HP zone shall include a conceptual plan of the proposed development which includes the following:
a. General Information: All information shall be submitted in both hard copy (paper) format as well as digital (pdf) format.
(1) Name, address and telephone number of applicant;
(2) Names, addresses and telephone numbers of the persons responsible for the preparation of any required reports;
(3) Date of application;
(4) Notarized signatures of the owners of the site or of an authorized representative;
b. Vicinity Map: A vicinity map showing the location of the site in relationship to the surrounding area watercourses, hillsides, prominent geographic features, roads and other significant structures;
c. Plan Scale: A plan of the proposed development at a scale of not less than one inch equals one hundred feet (1" = 100') illustrating:
(1) Boundary Lines: Boundary lines of the site and development to be made thereon;
(2) Preservation Areas: Any identified preservation areas within which development shall be prohibited;
(3) Improvements: All existing and proposed improvements;
(4) Zone Limits: The limits of the HP zone if only a portion of the property is within the HP zone;
d. Development Type: The type and nature of the development;
e. Goals And Objectives: The goals and objectives of the developer, including a proposed plan for the long term maintenance and ownership of improvements within the project;
f. General Plan Relationship: The development's relationship to and compatibility with the general plan and other city master plans;
g. Existing Conditions Photographs: Digital photographs of the site as it exists at time of application. The photographs shall include the number of views adequate to depict the visual character of the entire site and any special features especially prominent ridgelines or landforms and any topographical areas with steep slopes and/or unique topographical features planned for disturbance. A minimum of three (3) views of the area of the proposed development as seen from surrounding properties shall be included.
3. Technical Reports:
a. Grading Plan: A grading plan, at a scale of not less than one inch equals one hundred feet (1" = 100'), shall show the existing and proposed contours and cross sections, and proposed areas of cut and fill. A legend with appropriate symbols which shall include, but is not limited to, the following items: top of wall, top of curb, high point, low point, elevation of significant trees, spot elevations, and pad and finished floor elevations. Accurate contours, at no greater than two foot (2') contour intervals, showing the topography of the existing ground extending at least one hundred fifty feet (150') outside all boundary lines of the site, or more if needed to sufficiently show on and off site drainage, shall also be included. The grading plan shall include a description of the import or export methods to be employed in acquisition or disposal of soil and other material removed, including the location of the disposal site. A schedule shall be included showing when each stage of the project will be completed, including the estimated starting and completion dates.
b. Drainage Report And Plan: A drainage control plan and report shall be prepared by a Utah licensed professional civil engineer, and must be consistent with all other reports required in this section or other reports required in applicable sections of the building code.
(1) Information To Be Shown: The drainage plan and report shall show all surface and subsurface natural drainage systems and facilities, walls, curbing or other erosion protection devices to be constructed in connection with, or as part of the proposed work, together with a map showing the drainage area and estimated runoff of the area to be served by any drainage systems or facilities.
(2) Design Of Lot To Address Drainage: Each lot or parcel shall be designed in such a manner that stormwater or nuisance water shall not adversely impact other properties in the area. Property development shall not unnecessarily cause a natural drainage channel to be filled in, obstructed or diverted. When modification to a natural drainage channel is proposed within the development, such changes will be addressed in the drainage study and shown on the improvement plans, and the developer may be required to dedicate rights of way or record drainage easements for structures and/or improvements needed to carry storm runoff in the event approval is given for the proposed modifications.
(3) Drainage Systems Separate From Sanitary Sewer System: All drainage systems shall be separate and independent from the sanitary sewer system.
(4) Drainage And Flood Control Design: Drainage and flood control shall be designed in conformance with applicable city and state drainage, flood control and engineering standards, and shall comply with the city's stormwater master plan. Detention or retention features, if required, shall be designed on site or at suitable regional detention sites to limit conveyance of the stormwater from a 100-year frequency storm event onto streets or stormwater drainage easements without creating flood hazards to dwellings.
(5) Underground Pipe System: If an underground pipe system is required, it shall be designed to meet Santa Clara City standards and generally accepted engineering criteria. Major hydraulic structures shall be designed to carry a 100-year storm minimum. The minimum storm drain size shall be twelve inches (12").
(6) Detention: Detention shall be considered where it is suitable as confirmed by all required reports. Detention basins shall be used for the purpose of eliminating the effects of the peak runoff of storms and releasing water flow at the preproject, or approved, rate.
(7) Protection To Lower Lots: Water from precipitation and/or irrigation must be contained within the lot boundaries, or piped to appropriate drainage systems designed to safely transmit it to safe disposal. Water stored on the lot must not create unsafe slope conditions from soil saturation or erosion. A conceptual plan for all drainage shall be provided.
c. Improvement Plans: These plans shall show any existing and proposed buildings or structures and cross sections of the areas where they are or will be located, and all proposed roads, utilities, easements and drainage channels on the property where the work is to be performed. Also, the location of any buildings or structures on adjacent property which may be affected by grading operations shall be shown. All retaining structures shall be shown with location, height, construction type and any other details needed.
d. Geotechnical Report: "The Geologic Hazard And Adverse Conditions, St. George - Hurricane Metropolitan Area" document and maps prepared by the Utah geological survey (current edition) shall be reviewed when considering a site for development. A Utah licensed professional engineering geologist or a Utah licensed professional engineer who is trained and experienced in the practice of geotechnical engineering shall prepare the geotechnical report. The geotechnical report shall include the following:
(1) Conditions And Features: A general description of the topography, drainage conditions and surface vegetation. The report shall include surface features such as rock outcroppings, existing structures, debris, and unstable or wet conditions.
(2) Location Map: A location map showing the footprints of the planned improvements and the exploration locations with elevations.
(3) Subsurface Condition Evaluation: An evaluation of the subsurface conditions, including a complete record of the explorations, laboratory test results, and the elevation of the water table, if encountered.
(4) Potential Geotechnical Constraints: Identification of potential geotechnical constraints on the project site (such as expansive rock and soil, collapsible soil, shallow bedrock and caliche, gypsiferous rock and soil, potentially unstable rock or soil units, shallow ground water, and windblown sand), and recommendations for their mitigation.
(5) Springs And Seeps: The locations of any springs and seeps on the project site, and recommendations concerning the effects of the springs and seeps on the proposed development.
(6) Geotechnical Recommendations: Specific geotechnical recommendations for the design and construction of the proposed project, which shall include the following:
(A) A general assessment of the requirements needing to be met to develop the proposed site.
(B) Site preparation and grading, and the suitability of the on site soils for use as structural fill.
(C) Stable cut and fill slopes, including recommendations concerning the effects of material removal and the introduction of water, both on and off site.
(D) Recommendations for foundation type and design criteria, including, but not limited to, bearing capacity of natural or compacted soils, provisions to mitigate the effects of expansive, compressible or collapsible soils, differential settlement and varying soil strength, and the effects of adjacent loads.
(E) Anticipated total and differential settlement.
(F) Special design and construction considerations, as necessary, such as the excavation and replacement of unsuitable materials, excavation difficulties, stabilization, or special foundation provisions for problem soil conditions.
(G) Design criteria for restrained and unrestrained retaining walls.
(H) Soil corrosion.
(I) Moisture protection and surface drainage.
(7) Design Recommendations For Walls And Fill Slopes: Detailed design recommendations for any planned rockery walls, mechanically stabilized earth (MSE) walls, and/or reinforced fill slopes.
(8) Slope Stability Analysis: A detailed slope stability analysis may be required if potentially unstable rock or soil units or slope creep has been identified on the site. The analysis should include, but not be limited to, a determination of shear strength and in some instances residual shear strength, soil saturation, and treatment methods required to provide a minimum safety factor of 1.5 for any slope within the project boundary.
(9) Risk Factors: The HRB shall use their best judgment when requested by city staff in determining risk factors for all proposals under the jurisdiction of the hillside protection overlay zone. Risk factors will be assessed using a scale of from 1 (very low risk) to 10 (extreme risk). Development where risk factors (see below) are rated 9 (very high risk) or 10 (extreme risk) and where grading is proposed shall apply geotechnical solution to increase ground stability by at least fifty percent (50%) above existing conditions. Furthermore any property proposed for development with a risk factor of 9 (very high risk) or 10 (extreme risk) shall provide the city with an extended warranty bond for a period of two (2) years for all public improvements.
The HRB will make a recommendation when requested by city staff for assigning risk factors to each proposal as circumstances warrant in order to ensure the present and future health, welfare, and safety of residents of Santa Clara. In the absence of other compelling risk factors the following criteria should be used within the hillside protection overlay zone to assess risk:
Low (risk factor 1-5): No risk factors present other than slope.
Moderate (risk factor 6-7): Fat (blue) clay present at the surface or under the surface.
High (risk factor 8): Fat (blue) clay together with surface or subsurface water present.
Very high (risk factor 9): Fat (blue) clay and water present together with the observation of slope instability in similar geologic conditions.
Extreme (risk factor 10): The above conditions, together with a stream or other significant erosion potential near the toe of the slope.
(10) Inspection And Certification: It is strongly recommended that the geotechnical firm for the project also provide inspection, testing, and verification services for all grading, foundations, pavement sections, retaining structures, utility line placement, and backfill and any other construction relating to geotechnical aspects of the development. For real property for which development has proceeded on the basis of a geologic or geotechnical report which has been accepted by the city, no final inspection of a subdivision or other improvements shall be completed or certificate of occupancy issued or performance bond released until the engineering geologist or geotechnical engineering firm who prepared and approved the report provides a letter of compliance, in writing, that the completed improvements and structures conform to the descriptions and requirements contained in said report including any approved revisions.
(11) Geotechnical Mitigation Measures: Geotechnical mitigation measures must be reasonable and practical to implement, especially if such measures require ongoing maintenance by property owners.
(12) Infrastructure Maintenance: Infrastructure maintenance shall be addressed in the engineering studies. Most generally Santa Clara City maintains public improvements such as sanitary sewer, water, storm drains, power, pavement, curb, gutter and sidewalks within the public road right of way. Generally it is the property owners and homeowners' associations that maintain subsurface or surface drain lines, irrigation, drains for intercepting ground water, sewer laterals, water lines to homes, and other utilities and improvements that are located on private property.
(A) For all projects located within the HP zone, the engineering studies shall propose a plan for providing long term maintenance for all improvements to the property, including those improvements listed as being normally maintained by the city. Any exception to this requirement must be made by specific city council approval.
e. Geology Report: "The Geologic Hazard And Adverse Conditions, St. George - Hurricane Metropolitan Area" document and maps prepared by the Utah geological survey (current edition) shall be reviewed when considering a site for development. A Utah licensed professional engineering geologist or a Utah licensed professional engineer who is trained and experienced in the practice of geotechnical engineering shall prepare the geology report. The geology report may be included in the geotechnical report, and shall include the following:
(1) The location and boundaries of the project site and its general geologic setting.
(2) A description of the specific geologic conditions at the site.
(3) Identification of potential geologic hazards (such as faults, landslides, rockfall, flooding and liquefaction).
(4) Conclusions and recommendations regarding the effects of the geologic conditions and any potential hazards on the proposed development, and recommendations to minimize any hazard to life or property, or any adverse impact on the natural environment.
f. Landscape Plan: A landscape plan and report shall be prepared by a professional landscape architect licensed in the state of Utah. The report shall describe how the landscape plan meets the requirements of the HP zone and shall include a description of existing vegetation, a plan of any proposed vegetation of the site or modifications to existing vegetation, and a plan for the preservation of existing vegetation during construction activities. Erosion protection of existing and proposed slopes shall be included in the plan.
g. Other Reports: Other reports deemed necessary by the HRB, planning commission, and/or city council to assure the health, safety and welfare of the project residents or general public may be requested from the applicant by written specification. These may include phase I or phase II environmental hazardous materials studies, biological resources reports, or other reports. Such reports shall be submitted with other application materials.
h. Grading Limit Monuments: Permanent monuments shall be installed to permit monitoring and enforcement of the grading limits during and after construction activities. The monuments shall be installed at locations determined by the city in accordance with survey standards for monumentation of property corners in the state of Utah. A tee post or other approved device shall be set near all corners to clearly show the extents of the grading limit lines. Monuments shall be installed and preserved during construction at the sole expense of the applicant.
4. Additional Exhibits Or Reports: The HRB, planning commission and/or the city council may require additional visual analysis exhibits or other reports to adequately address unique circumstances and comprehend the full impact of any proposed development in the HP zone.
a. The hillside review board (HRB) may at its discretion require more detailed grading exhibits showing mitigation or grading details. The HRB shall determine the number of additional exhibits required and their locations and perspectives by visiting the site with the developer's representative;
b. Furthermore, in some cases the HRB may require the preparation of computer generated three-dimensional imaging or photo imbedded visual simulations to adequately depict the postdevelopment conditions and their impact on the visual character of the site. Included shall be depictions of any topographical areas with steep slopes and/or unique topographical features planned for disturbance illustrated at a distance and perspective that will adequately illustrate postdevelopment conditions along with the proposed mitigation for development. In tandem with these exhibits, shall be included predevelopment digital photographs of the site showing identical views utilized in the postdevelopment computer generated three-dimensional imaging exhibits for comparison. The HRB shall determine the number of computer generated exhibits and their locations and perspective by visiting the site with the developer's representative.
F. Approval Required Before Excavation: It shall be unlawful to excavate or grade any area within the HP hillside protection overlay zone prior to final approval of the site plan for permitted uses and conditional uses and the preliminary plat or minor subdivision plat for subdivisions by the city council, and prior to final approval of the required construction drawings for said site plans and subdivisions by city staff, and prior to the installation of the grading limit monuments as required.
G. Bonding: The city shall require the applicant to post a bond to ensure completion of revegetation projects, the stabilization of a grading site, cuts and fills, the construction of stormwater drainage facilities, and other hazard mitigation measures required in the approval of an application. Such bonds shall comply with the provisions of the Santa Clara subdivision ordinance and any other applicable city codes.
H. Appeals: In the event of a disagreement with the requirements imposed by the city in connection with this chapter, or the determined lack of completeness of the required submittals of this chapter, an applicant may appeal the matter as per chapter 17.16 of this title. The city shall then hear and make the final determination of the issue, subject in any event to an appeal to a court of competent jurisdiction as permitted by Utah Code Annotated section 10-9a-704.
I. Previously Approved Grading Permits: The requirements of this chapter shall not apply to developments or subdivisions or individual lots which had an approved grading permit or approved grading and drainage construction drawings prior to the enactment of this chapter. Projects approved prior to adoption of this chapter shall be governed by the statutes under the previous hillside development standards ordinance applicable at the time of their approval.
J. Plan Compliance: The city staff shall check compliance of the concept plan and issue a hillside development permit following approval by the city council. The following technical reports and plans shall be accepted as described prior to final plat approval, acceptance of the site plan and/or issuance of a building permit for structures:
1. Grading Plan Record Drawings And Letter Of Compliance: Upon completion of rough grading work and prior to any excavation for foundations or structures, an as graded plan prepared by and a letter of compliance provided by the Utah licensed civil engineer who prepared the approved grading plans shall be submitted to the building department and public works department for review and approval. The as graded plans shall include original ground surface elevations, as graded surface elevations and all other features that were a part of the approved grading plan. The engineer shall provide a letter of compliance on the as graded plan that the work was done in accordance with the approved grading plan and the city's grading requirements, including any approved revisions to the plans or requirements.
2. Landscape Plan Letter Of Compliance: Landscape and irrigation plans shall be prepared by a licensed landscape architect and shall be submitted to and approved by the building department. A Utah licensed landscape architect shall provide a letter of compliance to the city stating that the plans comply with the requirements of this chapter and recommendations contained in the geotechnical report.
3. Drainage Plan Letter Of Compliance: The drainage plan shall be approved by the city engineer. The plan shall be prepared in conformance with guidelines available in the city engineer's office. The point of location where the natural drainage channel enters and leaves the property may not be changed without approval of the city engineer. A Utah licensed engineer shall provide a letter of compliance stating that the plans comply with the requirements of this chapter as well as the city's drainage requirements.
4. Construction Drawings And Improvements Plan Letter Of Compliance: The construction drawings and improvements plan shall be reviewed and approved by the city engineer. A Utah licensed engineer shall provide a letter of compliance stating that the plans comply with the city's construction drawing requirements. The city engineer shall verify that any existing buildings or structures, and all roads, easements and drainage channels on the property where the work is to be performed or on adjacent properties is accurately illustrated and described.
5. Other Requirements: Other reports, such as geotechnical construction observation and testing compliance reports deemed necessary by the individual or body designated to grant approval may require letters of compliance. If necessary, any requirements for approval will be described at the time of the initial request for additional technical reports, and letters of compliance will depend on the procedure, conditions, or terms described therein.
K. Verification Of Compliance: For developments on a development parcel applicable to this code, a letter of compliance by a Utah licensed engineer that the development has been completed in compliance with the approved hillside development permit, including satisfaction of any conditions contained in the permit, shall be required. Restoration bonds shall not be released, and certificates of occupancy shall be withheld for such a development, until such certification has been received and approved by the city engineer.
L. Penalties: In addition to any other penalties, a city officer from the building department or public works department shall have the right to order a halt to construction of any improvements within an HP zone where, in the officer's discretion, there exists a condition which violates, or threatens to violate, any provisions of this chapter. Such suspension of construction activities shall continue until the city officer is satisfied that measures have been implemented for substantial compliance with this chapter. The developer may appeal to the city council. The city may enter legal proceedings to require any person who violates this section to fund and return a site to the condition found prior to any disturbance, with a city official to determine when this natural state has been achieved, or to set specific requirements necessary to achieve the natural and restored state. Legal proceedings may also seek to impose and collect a fine in order to recover staff costs incurred through addressing any violation of this section. (Ord. 2008-14)
17.80.040: DEVELOPMENT STANDARDS:
All proposed development and improvements within the HP zone are subject to the following required development standards. These standards are intended to provide a framework for development that is sensitive to the unique characteristics of hillside properties. Their purpose is not to discourage proposals for innovative or alternative methods of design in a hillside area; innovation is encouraged as long as the end result is one which respects significant landform features and is consistent with the purposes expressed in this chapter and in the goals and objectives of the Santa Clara City general plan.
A. Disturbance Limitations: The following criteria shall be applied in establishing the limits of disturbance for a site:
1. Adverse visual impacts from within and without the development shall be minimized unless doing so precludes another objective of the HP zone. The screening of cuts and fills, and the visual protection of prominent ridgelines, rock outcroppings, scenic views, and the natural terrain is required unless doing so precludes another objective of the HP zone.
2. Disturbed slopes should be treated to minimize erosion, and natural drainageways shall be protected unless doing so precludes another objective of the HP zone.
3. The clearing of trees, shrubs and other native vegetation should be limited to: the approved locations for streets, driveways and easements; the approved locations for building pads for structures, other main buildings and accessory structures; the minimum distance between structures and surrounding vegetation for established fire prevention and safety standards or recommendations.
4. Significant trees, shrubs and other native vegetation should be preserved in the design of the development. Significant vegetation is to be identified on a map with the application submittals and the HRB will review the submittals and visit the site to determine the significance of existing vegetation.
5. All topsoil from any disturbed portion of the site should be preserved and utilized in revegetation areas. The soil in the upper portion of fill areas shall be of a sufficient quality to support native plant growth.
6. The maximum limits of disturbance shall be identified on each lot or parcel of the approved site plans and subdivision plats and shall include all graded, excavated, and filled areas, the areas occupied by main and accessory structures, hard surface areas that include driveways, walkways, patios and parking areas, and all other areas of disturbance or nonnative vegetation.
7. All lots and building pads shall be graded during construction of the development, including all retaining walls, roadways, utilities, and all other improvements needed to complete the site work. No building permits for structures will be issued or recordation of any subdivision plats prior to completion of all site work unless specifically approved by the city council.
B. Grading Design: Grading for all developments shall be designed to blend with the contours of the adjacent natural terrain.
1. Limits Of Grading: No grading, cutting, filling, excavating, benching or terracing of any proposed lot or parcel shall go beyond the maximum limits of disturbance for each lot or parcel as provided herein.
2. Cuts And Fills: All cuts and fills shall be minimized and shall be included within the maximum limits of disturbance for each lot or parcel. All cut and fill areas shall be recontoured to the natural, varied contours of the surrounding terrain with a maximum slope transition back to the natural grade no greater than two to one (2:1). Slope ratios greater than two to one (2:1) are prohibited except for approved cuts into solid rock only. Any such proposed cut into rock shall be reviewed by the HRB for appropriateness, suitability, and visual impact in order to grant approval if warranted. For approved cuts into solid rock, the slope may be as steep as one-half to one (1/2:1) if recommended by a Utah licensed professional engineer who is trained and experienced in the practice of geotechnical engineering, and if the visual impact of the cut can be adequately mitigated. All areas of cut and fill shall be protected from erosion during the period of construction and shall be permanently planted or otherwise protected from erosion within twenty (20) days of the completion of grading and excavation as identified by the approved landscape plan.
Where cut or fill conditions are created, slopes shall be varied and rounded where feasible rather than left at a constant angle which may be unstable or create an unnatural, rigid, engineered appearance.
3. Cuts And Fills Visual Mitigation: The visual impact of cuts and fills shall be mitigated by methods approved by the city council. Mitigation shall predominantly be contour grading along with plantings as identified on the approved landscape plan that will stabilize the cut or fill slope and blend with the surrounding vegetation. Other mitigation may include, but is not limited to, the placement of buildings so as to screen the cuts and/or the placement of retaining walls designed to blend with the surrounding terrain to stabilize the cut and blend with the surrounding terrain. The use of retaining walls is to be as limited in scope and height as feasible to ensure the visual predominance of vegetation. Contour grading techniques shall be used to provide a natural appearing variety of slope transitions, slope percentage and slope direction in a three-dimensional undulating pattern similar to existing terrain.
a. Cut and fill operations shall be given a rounded appearance that closely resembles the natural contours of the land.
b. Graded slopes adjacent to roadways shall be softened by sufficient berms, contour grading, and/or landscaping to create natural, varied and pleasing streetscapes.
4. Street And Driveway Alignment: Street alignments shall run generally parallel along the contours of the natural terrain. Short sections of streets that run perpendicular to natural contours and serve the purpose of connecting main parallel sections of streets are permitted and shall follow the natural curves of drainageways where practicable. Streets shall not greatly alter the physical and visual character of a hillside by creating large notches in ridgelines or by defining wide straight alignments. Contour grading techniques shall be employed on all streets and associated cut and fill areas to minimize any adverse impacts. Reduced width road sections, split road sections, and split parking bays are potentially acceptable techniques to employ in the layout of hillside streets to reduce grading.
The portions of driveways that run perpendicular to natural contours and serve the purpose of accessing building lots and parcels shall be as short as practicable. Driveways that serve more than one parcel are permitted as a method of reducing unnecessary grading, paving and site disturbance. If lots and parcels will be sharing driveways, cross use easements shall be recorded with the subdivision.
Shared driveways can reduce grading.
5. Open Space Trails: Trails through open space shall be located such that cuts and fills are minimized and visual character is preserved.
6. Building Site Grading: Building site grading shall be minimized so as to preserve natural features. Careful consideration shall be given to the general orientation of the slope when locating structures.
7. Cut And Fill Conditions: On each building site, careful consideration shall be given to the cut and fill conditions such that a balance is achieved where feasible and consistent with the intent of this chapter to minimize the visual impact of grading. Different terrain conditions call for corresponding different cut and fill solutions such that the structure fits well into the topography as illustrated below. Impact to natural drainageways shall be avoided.
C. Prominent Ridgeline And Mesa Edge Visual Preservation: To minimize the adverse visual impacts that new development can have on prominent ridgelines and their associated viewsheds, the following setbacks shall apply:
1. For new developments the minimum setback from a prominent ridgeline, as shown on the hillside protection overlay zone map, is fifty feet (50') for one-story structures and sight obscuring privacy fences and walls unless a greater setback is recommended in the geotechnical report. The setback is one hundred feet (100') for 11/2- and two-story structures unless a greater setback is recommended in the geotechnical report. On individual lots previously platted, any setback; front, rear, or side may be modified by the city council as determined in the best interest of the city unless a greater setback is recommended in the geotechnical report or a greater setback is recommended by the HRB for safety and stability.
D. Architectural Standards: The purpose of establishing architectural design standards in the HP zone is to ensure quality development that blends with the hillside environment and to create neighborhoods that display harmonious and complementary architectural styles. To achieve hillside compatible development, the city recognizes the importance of having architectural design that incorporates low profile rooflines and other building elements which reflect the naturally occurring ridgeline silhouettes and topographical variations.
1. Building Setbacks: A variety of building and lot orientations shall be provided in order to encourage development suitable with the hillside character of the site.
a. Rear Setback: Unless a greater setback is recommended in the geotechnical report or the structure is located on a prominent ridgeline where a greater setback applies as detailed herein, a minimum building setback of fifteen feet (15') from top of slope and/or an average setback of fifteen feet (15') shall be provided from the edge of the pad.
b. Viewshed Protection:
(1) Structures shall be designed so the slope angle of the roof pitch is generally at or below the angle of the natural hillside or graded slope.
(2) Site planning shall emphasize the preservation of views to prominent visual features such as ridgelines, as viewed from within and outside the hillside development. This includes building orientation to allow view opportunities and locating buildings on the least sensitive portions of the site so as to preserve landforms, vegetation and topographical features.
(3) Hillside buildings shall be stepped to follow the contours of the slope. For aesthetic reasons, exterior structural supports and undersides of floors and decks not enclosed by walls are discouraged but may be permitted with fire safety and architectural considerations adequately addressed to the satisfaction of the city.
2. Building Style: Architectural styles shall be compatible with the hillside character, topography, and theme of the community. Hillside adaptive architecture, as described below, shall be used within the HP zone:
a. Buildings shall be stepped as necessary to minimize grading.
b. A variety of roof orientations and types which emphasize roof pitches reflecting the overall slope of the hillside shall be incorporated into the design of the buildings.
c. Enhanced architectural elevations are required where the front, rear or side of units face public view. Units shall avoid massive walls and monotonous patterns of building silhouettes to the satisfaction of the city council.
d. The dimensions of a building, measured in the direction of the slope shall be minimized in order to limit the amount of cut and fill and to better incorporate the structure to the natural terrain.
e. Buildings may be clustered to respect and adapt to the existing topography. Flexible siting techniques including varying the position of the structures and varying the sizes of lots shall be used as necessary to preserve the character of the hillside setting.
3. Architectural Treatments: Publicly visible exterior walls of any building shall be designed to avoid monotonous or continuous facades. A single, continuous vertical or horizontal plane on the front and rear facade of any building is not permitted. Architectural features and details shall be incorporated in all exterior walls of the building, including the rear and sides of the building. Buildings may utilize wall articulation (i.e., insets, pop outs, etc.) and roof orientation as a means to break up the massing.
a. The form, mass and profile of the individual buildings and architectural features shall be designed to blend with the natural terrain and preserve the character of the natural slope. Avoid the use of large gable ends on downhill elevations. The predominant roof slope shall be oriented in the same general direction as the natural slope.
b. Avoid large roof overhangs and cantilevers on downhill elevations to reduce the massive appearance from below.
4. Finish Materials, Color, And Reflectivity: Building materials and colors shall blend with the natural setting. The color, material and texture palette shall be reinforced with compatible landscaping consistent with the landscaping requirements of this chapter. The light reflective value (LRV) of materials used on all exterior walls and roof areas shall be similar to the LRV of the surrounding terrain. The building material colors and their LRVs shall be submitted with the final application.
5. Fencing And Privacy Walls: All fences and privacy walls adjacent to or clearly visible from public roads or parks shall be either virtually transparent (such as wrought iron fencing) or constructed of materials which have a natural appearance and color that blends with the surrounding environment and is complementary to the landscape. The applicant shall present illustrations, sample materials, and descriptions of fencing and wall materials to demonstrate compliance with the requirements of this subsection.
All walls and fences adjacent to or visible from public roads shall be set back from the road right of way by a minimum of six feet (6') (or greater where cited elsewhere in this code) landscaped area on the street side of the wall or fence. Additionally, walls and fences not exceeding six feet (6') in height are permitted adjacent to structures in order to provide a private outdoor area. A minimum flat area from top or toe of slope of three feet (3') or more as required by the adopted building codes of the city shall be maintained to face of wall on slopes with slope heights of thirty feet (30') or greater as per the following diagrams:
E. Landscape Design Standards:
1. Landscaping shall be designed to stabilize graded slopes, prevent erosion and be compatible with surrounding natural vegetation.
a. Cut Or Fill Slopes: All plant material used on cut or fill slopes shall be as nearly compatible with plant material found on adjacent undisturbed hillsides as possible. Such slopes shall use Xeriscaping landscape methods with no irrigation systems allowed on or adjacent to the slope itself.
b. Pad Sites Or Flat Areas: All plant materials on pad sites or relatively flat areas shall be of a desert type requiring little or no irrigation. Hand watered fired pots or other similar watertight containers may be used to hold additional landscape materials. Any lawn area shall consist of artificial grass. Rocks and colored or natural stones make desirable landscape materials for pad areas. Any other proposed landscaping shall be specifically approved by the city council and should consist of low water plantings with minimal irrigation requirements.
c. Terraced Areas: On terraced areas between retaining walls, minimal desert type landscaping may be considered using the same methods as used for pad sites.
d. Slope And Landscape Maintenance: Homeowners' associations (HOAs) and assessment districts or other acceptable legal entities are required in the HP zone to maintain common open space. All landscaped slopes not included within a landscape maintenance district (LMD) shall be maintained by an HOA or a property owners' association (POA) for the permanent maintenance of landscaped slopes and other areas. An HOA or POA shall be required to establish a maintenance district with responsibility for maintenance. Should the HOA disband or neglect their duties to maintain the slopes and landscaping, the city may contract with a landscape maintenance contractor for ongoing maintenance and place a lien against any and all private or common areas in the project to ensure repayment to the city of any incurred expense.
2. Prior to an occupancy permit being issued, landscaping plans for individual homes within any development must be reviewed and approved by the city to assure compliance with this chapter and any conditions imposed during the hillside development permit process.
F. Retaining Walls: The purpose and intent of establishing development standards for retaining walls is to ensure that the retaining walls are structurally sound and are not visually intrusive. The location of all retaining walls, privacy walls, and fences along with their proposed heights, materials and colors, shall be shown on the grading plan and concept plan. All retaining walls, privacy walls and fences shall be located within the maximum limits of disturbance for each lot or parcel.
1. General Standards:
a. The maximum length of any continuous retaining wall shall not be more than two hundred (200) linear feet.
b. Retaining walls shall be used for the purpose of containing fill material or for minimizing cut or fill slopes. The retaining wall may only extend six inches (6") above the material it is retaining.
c. A retaining wall shall not block or restrict vehicular access to a dedicated or implied dedicated alley, accessway, pedestrian access, trail, sidewalk, easement, or right of way.
d. All retaining walls, privacy walls and fences surrounding a development's perimeter shall be faced with stone or earth colored materials that blend with the color and texture of the surrounding natural landscape.
e. Curved retaining walls that follow the natural contours are strongly recommended, but not required.
f. All retaining walls as well as all freestanding walls and fences shall comply with the adopted building codes of the city.
2. Height Standards:
a. No portion of a retaining wall shall exceed nine feet (9') in height as measured from the immediately adjacent lowest natural or finished grade to the top of wall unless it can be demonstrated in the overall mitigation plan for cuts and fills that taller walls will not detract from the surrounding terrain. Retaining walls shall not be stacked or terraced in any manner that increases their combined height beyond nine feet (9'). If desired, two (2) subwalls may be stacked or terraced to a maximum combined height of nine feet (9'). A minimum separation of six feet (6') is required between subwalls as measured from face of wall. The separation area between the sets of subwalls shall be planted with low water use/low maintenance shrubs or other vegetation as approved in the landscape plan. This vegetation will help reduce the apparent visual height of the walls. Tree planting in the zone between subwalls requires a separation of at least twenty feet (20').
b. For purposes of this subsection, retaining walls are not considered stacked or terraced if there is a minimum horizontal separation of ten feet (10') between sets of retaining walls. With the minimum ten foot (10') separation, each retaining wall set may be constructed to the maximum allowed height; either the nine foot (9') height or the taller height demonstrated that would not detract from the surrounding terrain. The separation area between the sets of retaining walls shall be planted with low water use/low maintenance shrubs or other vegetation as approved in the landscape plan. No more than three (3) adjacent retaining walls (or 27 feet in total height) will be allowed, unless specifically approved by the city council.
c. Retaining walls may be constructed to varying heights throughout a development.
(1) Retaining walls constructed in the side yard area between two (2) homes shall not exceed a height of four feet (4'); provided that such wall does not extend into a required front yard setback adjacent to a street.
(2) Retaining walls constructed in the rear yard area of a lot shall not exceed a height of eight feet (8').
(3) All planting areas between and adjacent to retaining walls shall be provided with an automatic irrigation system suitable for low water use vegetation. Such irrigation system shall be approved and inspected prior to the construction of any wall.
(4) Where a retaining wall contains fill above the natural grade and is located within a required setback yard, the height of the retaining wall shall be considered as contributing to the permissible height of a fence or wall at that location. A nonview obscuring fence up to three and one-half feet (3.5') in height may be erected at the top of the retaining wall for safety.
d. Retaining walls not exceeding six feet (6') in height are permitted adjacent to structures in order to provide a private outdoor area.
G. Corrective Work: Nothing in this section shall prohibit the city from authorizing grading deemed necessary to correct previously disturbed natural areas or existing hazardous conditions that are on site but not a part of the proposed development area that are brought to the city's attention, in which case the applicant will investigate possible alternatives with subsequent review by city staff, city engineer, hillside review board, planning commission and/or city council. (Ord. 2008-14)
17.80.050: HILLSIDE REVIEW BOARD:
A. Established: There is hereby established a hillside review board for the city.
B. Powers And Duties: The hillside review board shall have the following responsibilities:
1. As requested by city staff, review developments proposed within the hillside protection overlay (HP) zone as defined in subsection 17.80.020A of this chapter and make a recommendation for approval, conditional approval, or denial to the planning commission and city council. When requested by city staff, recommend designation of applicable risk factors.
2. Provide advice and support as needed to the city staff, planning commission and city council in connection with reviewing requests for zoning changes or other development applications within the HP zone.
C. Membership, Appointment: The hillside review board shall consist of five (5) members as follows:
1. Three (3) persons who are experts in any of the following fields: geotechnical engineering, civil engineering, geology, architecture, landscape architecture, land planning, or similar applicable areas of expertise; and two (2) citizens of the city representing the public at large. If it is determined to be not feasible to fill the member positions of those with the identified fields of expertise, these positions shall be assumed by citizens at large. In addition to the five (5) members mentioned above, two (2) alternate members may be appointed to serve when a quorum is not otherwise present. The alternate members may be any citizen of Santa Clara City. The experts need not be residents of Santa Clara City.
2. All members shall be appointed by the mayor with the approval of the city council. The board shall select a chair and vice chair and determine the dates and times to schedule meetings as the need arises when applications are submitted for proposed developments within the HP zone.
D. Membership, Terms, And Vacancies: The members of the hillside review board, appointed as provided above, shall serve for four (4) years on overlapping terms. Any midterm vacancies shall be filled by appointment of the mayor and approval of the city council for the balance of the unexpired portion of the term. Members may be reappointed to successive terms.
E. Quorum; Vote Required: A quorum of the hillside review board shall be three (3) members, and a majority vote of a quorum shall be required for a decision of any matter before the board, but the minimum number of yes votes required for a decision shall never be less than three (3). If a quorum is not present, no meeting shall be held, and any items of business shall be continued to the next meeting of the board. (Ord. 2008-14)
17.80.060: DEFINITIONS:
For the purposes of this HP zone chapter, the following words and phrases defined in this section shall apply:
AS GRADED: The surface configuration upon completion of grading.
BENCH: Relatively level step excavated into earth materials on which fill is to be placed for intermediate drainage area.
BERM: A low mound of earth graded in a linear or undulating form; often used as a noise or visual barrier.
BUILDING: A structure having a roof supported by columns or walls.
BUILDING HEIGHT: The vertical distance measured from the ground level grade to the top of the building.
CANYON: A deep, narrow valley having high, steep slopes.
CLUSTERING: Land planning technique appropriate for large subdivisions in which some areas are reserved as open space. Clustering allows the permitted units in an area to be grouped more densely in the most developable parts of a site.
CONTOUR: A line drawn on a plan which connects all points of equal elevation.
CONTOUR GRADING: A grading concept designed to result in earth forms which resemble natural terrain characteristics. Horizontal and vertical curve variations are often used for slope banks. Contour grading is not necessarily minimal grading.
CUESTA: A landform that has a steep ascent in one direction and a gentle descent in the opposite direction. The steep slope is the cuesta face, and erosion escarpment, and the gentle face is the back slope of the cuesta. The crest of the cuesta forms a ridgeline.
CUT: The mechanical removal of soil, rock or other earth material.
CUT AND FILL: The excavating of earth material in one place as cut and depositing of it as fill in an adjacent place.
DEVELOPMENT: The carrying out of any building activity or clearing of land as an adjunct of construction. "Major development" shall be considered to be subdivision platting, including various land uses and/or housing types.
DEVELOPMENT PARCEL: Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.
ELEVATION: Height or distance above sea level.
EROSION: The process by which the soil and rock components of the earth's crust are worn away and moved from one place to another by natural forces such as weathering, solution and transportation.
ESCARPMENT: A long cliff or steep slope separating two (2) comparatively level or more gently sloping surfaces and resulting from erosion or faulting.
EXCAVATION: Any disturbance to the ground, including, but not limited to, clearing, grubbing, rock removal, cutting, tunneling, drilling or any other activity which alters the natural ground. "Minor" excavation shall mean a vertical cut of three feet (3') or less, or a disturbance of less than one acre of surface area. "Major" excavation shall mean a vertical cut of more than three feet (3'), or disturbance of more than one acre of surface area.
EXISTING GRADE: The grade of land prior to grading.
EXPORT: Excess cut that is removed from a grading project and deposited off site.
FILL: A deposit of rock, soil or other earth material placed by artificial means.
FINISH GRADE: The final elevation of the ground surface after development, which conforms to the approved plan.
FLOODPLAIN: The land area adjacent to a watercourse which is subject to the overflow of floodwaters.
GEOTECHNICAL ENGINEER: A person with a four (4) year degree in civil engineering or engineering geology from an accredited university who, through training and experience, is able to assure that geological factors affecting engineering works are recognized, adequately interpreted and presented for use in engineering practice and for the protection of the public.
GRADE: The vertical location of the ground surface.
GRADE SEPARATION: The separation at different levels of two (2) intersecting roads, by bridge, tunnel, or underpass, so as to permit the roads to cross without obstructing free traffic movement on either road.
GRADING: To bring an existing surface to a designed form by excavating, filling or smoothing operations.
HILL: A small area of land that is higher than the land around it.
HILLSIDE: A parcel of land or a definable portion thereof with an average rise or fall of more than one and one-half feet (1.5') vertically for every ten feet (10') horizontally (15 percent slope).
IMPORT: Fill material obtained off site to balance a grading project.
IMPROVEMENT: An object, facility or structure generally constructed as a part of development.
KNOLL: A small, round hill or mound.
LAND: The portion of the earth's surface above the level of the sea or ocean.
MASS GRADING: The movement of large quantities of earth over large areas. Disruption of the majority of the on site surface terrain is common and often results in a successive pad/terrace configuration. Modification or elimination of natural landforms may result.
MESA: A typically flat topped landform with generally steep sides.
MINIMAL GRADING: A grading concept designed to minimize excavation and filling. Allows the movement of earth for projects such as individual building foundations, driveways, local roads, and utility excavation. Concept often associated with roads conforming closely to natural contours with the structures being built on natural terrain.
NATIVE VEGETATION: The natural vegetation commonly found in an area.
NATURAL AREAS: Undeveloped sites which have not been graded.
NATURAL OPEN SPACE: The landform as created by nature or subsequently modified by either agricultural activities or to meet fuel modification fire standards of the plan. Within natural open spaces, vegetation introduced for agricultural purposes may be removed and the area revegetated to a natural condition. Existing trees, riparian vegetation and native plant communities within natural open spaces shall be preserved and protected. Manmade water bodies and trails through natural open spaces may be considered as natural open space.
NATURAL SLOPE: A slope which is not manmade. A natural slope may retain the natural vegetation during adjacent grading operations, or it may be partially or completely removed and replanted.
OPEN SPACE: Land not covered by buildings, roads or vehicular accessways and including such areas as private yards, landscaped areas, slopes, natural areas, common areas, greenbelts or parks, etc.
OUTCROPPING: The part of a rock formation that appears above the surface of the surrounding land.
PAD: A generally flat or stepped area created by grading to accommodate development.
PLATEAU: A flat or predominantly flat area of land which is raised sharply above adjacent land on at least one side.
PROMINENT RIDGE: A ridge or hilltop identified on the hillside protection overlay zone map (exhibit A attached to the ordinance codified herein).
RIDGE: A long, narrow, or sharply defined conspicuous elevation of land.
RIDGELINE: The junction of a rising steep slope on one side and a mildly ascending or a descending slope that may either be gentle or steep on the other side. See sketch below for the intended location of ridgeline as being the same as top of slope.
SCAR: A highly visible cut in a hillside or ridge in which all topsoil has been removed and vegetation will be unable to establish itself within a significant period of time (5 years).
SETBACK: The area between the building line and the property line, or when abutting a street, the ultimate right of way line. No structure or building is allowed in this area.
SINGLE LOADED STREET: A street with lots fronting on one side only.
SITE: Any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.
SLOPE: An inclined ground surface, the inclination of which is expressed as a ratio of the vertical distance (rise), or change in elevation, divided by the horizontal distance (run), and expressed as a percentage. The average slope calculation formula is provided in subsection 17.80.030E1 of this chapter.
SLOPE, MANUFACTURED: A manmade slope consisting wholly or partly of either cut or filled material.
SLOPE TRANSITION: The area where a slope bank meets the natural terrain or a level graded area either vertically or horizontally.
TOE OF SLOPE: The lowest elevation of a slope which transitions to a flatter area or pad.
TOP OF SLOPE: The highest elevation of a slope which transitions to a flatter area or pad.
TOPOGRAPHY: General term to include characteristics of the ground surface such as plains, hills, mountains, degree of relief, steepness of slope, and other physiographic features.
UTAH LICENSED PROFESSIONAL: A Utah registered or licensed civil engineer, land surveyor, architect or landscape architect.
VEGETATION: Growing native or nonnative plants.
VIEWSHED: Areas which can be viewed from arterial roads, major collector roads or public gathering places which visually dominate an individual's cone of vision. (Ord. 2008-14)
17.90.010: DEFINITIONS:
BACKFLOW PREVENTION ASSEMBLY: A required assembly that prevents the flow of water from the water distribution system back to the municipal water source. Compliance with applicable health and water regulations is required.
DEVELOPMENT: The construction, erection or emplacement of one or more buildings, structures, or surface improvements on land in order to establish or expand a principal residential or nonresidential use.
DISTRIBUTION UNIFORMITY: The measure of uniformity of irrigation water over an area.
HARDSCAPE: Elements of the landscape constructed from nonliving materials such as concrete, asphalt, and lumber. Includes patios, decks and paths but does not include driveways and sidewalks.
HYDROZONE: The grouping of plants with similar water requirements so each zone can be watered with a separate irrigation valve.
IRRIGATION CONTRACTOR: A person trained to install irrigation systems who meets state and local license, insurance, and bonding requirements, and is able to show proof on demand.
IRRIGATION DESIGNER: A landscape architect or person who is certified by the Irrigation Association (IA) to prepare irrigation design.
IRRIGATION PLAN: A plan that shows the components of the irrigation system with water source and size, backflow prevention for culinary source water systems, precipitation rates, flow rate and operating pressure for each irrigation circuit, together with identification of irrigation equipment.
IRRIGATION VALVE: A device to control the flow of water in an irrigation system.
LANDSCAPE ARCHITECT: A person who is licensed to practice landscape architecture by the state of Utah.
LANDSCAPE AREA: An entire parcel of real property less building footprints, driveways, nonirrigated portions of parking lots, hardscapes (such as decks and patios), and other nonporous areas. Water features are included in the calculation of landscape areas.
LANDSCAPE CONTRACTOR: A person who is licensed to practice landscape installation by the state of Utah. The license allows grading and preparing plots and areas of land for architectural, horticulture, and decorative treatment, arrangement, and plantings of gardens, lawns, shrubs, vines, bushes and other decorative vegetation.
LANDSCAPE OR LANDSCAPE MAINTENANCE: Maintaining or keeping any landscaping or any area required to be landscaped:
A. In a live and thriving condition, with consideration for normal growth and water needs;
B. Fertilized, mowed, trimmed, edged, irrigated, mulched and free from weeds, dead plants, litter, refuse, or debris in compliance with regionally accepted horticulture practices.
LANDSCAPE OR LANDSCAPING: Any combination of living plants, such as trees, shrubs, vines, ground covers, succulents, flowers, grass and other plant life that are generally not to be considered to be invasive or noxious plants; natural feature such as rocks, stone, bark chips; nonvegetative permeable ground cover; and structural features, including, but not limited to, fountains, reflective pools, outdoor artwork, screen walls, fences or benches that is planted or placed for the purpose of creating an attractive and pleasing environment. These may be further complemented by earth berms, walls and fences, irrigated pots and planters, all harmoniously combined to produce an aesthetic effect appropriate for its intended use. Landscaping may be designed to enhance and preserve natural features of the site, to make land more attractive for residential or other uses, and to screen unattractive uses, or to act as buffers to visually separate different types of uses.
LANDSCAPE PLAN: A plan that clearly and accurately identifies the location and species of new and existing trees, shrubs, ground covers, and other plants on site, and includes the irrigation plan.
OWNER BUILDER: Any person, agent, or firm having a legal or equitable interest in the property.
PARK STRIP: A ten foot (10') wide area measured horizontally from the back of the street curb opposite of the street within an improved or city approved lot plan less driveway or other approved hardscapes. A city maintained pedestrian sidewalk that parallels within ten feet (10') of the right of way is included in the park strip width.
STREET TREES: Includes all trees located within the public right of way of all streets within the city.
TURF: A surface area of mowed grass. (Ord. 2012-08)
17.90.020: PURPOSE AND INTENT:
The purpose of this chapter shall be to enhance, conserve, and stabilize property values by encouraging pleasant and attractive surroundings in all zones of the city, thus creating the necessary atmosphere for the orderly development of a uniformly pleasant community. Landscaping also minimizes summer heat zones, reduces noise, and removes pollutants. (Ord. 2012-08)
17.90.030: MINIMUM LANDSCAPING STANDARDS FOR PROPOSED CITY MAINTAINED PROPERTY:
Minimum landscaping standards for city maintained property in the following zones: PD, RA, R-1-10/RA mixed lot size, HD, and OS.
A. Application: The requirements of this section shall apply to all new developments, and remodeling of existing developments where the city will maintain any property. Any landscape improvements that will be maintained by the city shall meet the city landscape specifications to include water efficiency requirements, soils amendments, testing, tree plantings, and warranties.
B. Design:
1. All landscape and irrigation designers and installers shall have all required state and local licenses, insurance, and bonding requirements.
2. Landscape plans shall make provisions for erosion control on all graded sites.
3. A landscape and irrigation plan shall be submitted to the city for review at the same time the drawings and plans are submitted for the development of the site.
4. Plants well adapted for the Santa Clara climate with cold hardiness to fifteen degrees Fahrenheit (15°F) shall be used. Street trees shall be selected from the Santa Clara approved tree list.
5. Plants with similar water needs shall be grouped together in "hydro zones". Spray heads, tree watering systems and plant emitters shall not be connected to the same valve.
6. All landscape that will be maintained by the city shall comply with Santa Clara landscape specifications to include soils testing, irrigation efficiency, and warranty requirements.
7. Drought tolerant plants with low fuel volume or moisture content that will blend with native vegetation shall be used for projects located at the interface between urban areas and natural (nonirrigated) open space.
8. Stormwater retention and detention basins shall meet the requirements of the stormwater ordinance in title 13 of this code.
9. Landscape plans for projects developed in multiple phases shall clearly specify the landscape improvements required in conjunction with each phase.
10. Plans for ongoing maintenance of right of way areas shall be included when landscape and irrigation plans are submitted.
11. Plants with thorns, spikes, or other hazardous protrusions shall not be planted within three feet (3') of sidewalks, trails, or public walking areas and no portion of said plants shall encroach within two feet (2') of any public walkways.
C. Installation:
1. No permits or construction plan approvals shall be issued for any development until the landscaping plan is approved and the appropriate cash deposit, or bond, is provided to the city guaranteeing the installation of all landscaping shown on the approved landscape plan.
2. Landscape and irrigation installers shall follow the plans that have been signed and approved by the city.
3. The city may inspect landscaping improvements, and may require corrective measures regarding the installation of site landscaping and irrigation system improvements found not to comply with the approved plan.
4. Soil preparation shall be provided to assure healthy growing conditions for plants. All improvements to be maintained by the city shall meet requirements of the Santa Clara landscape specification to include soils testing and specified warranty.
5. The landscape contractor shall provide the city with a letter certifying that all improvements have been installed in accordance with the city approved plan and specifications prior to the bond release.
D. Irrigation:
1. A backflow prevention assembly shall be properly installed and tested to meet city, county, and the state of Utah requirements.
E. Trees:
1. Required trees and plantings shall comply with the Santa Clara street tree and tree planting ordinance, tree species requirements, and applicable Santa Clara landscape and irrigation specifications. (Ord. 2012-08)
17.90.040: GENERAL LANDSCAPING STANDARDS:
The following standards shall apply to all districts:
A. Preservation Of Natural Features: The preservation of natural features that enhance the development, and will benefit the community including trees, scenic points, view corridors, historic buildings or locations, unique geological formations, and other community assets shall be preserved and incorporated into the overall landscape plan.
B. Park Strip Hard Surface And Streetscape Materials: Park strip hard surface material includes material that is not plant material, does not need watering, and is a permanent surface. Examples would include colored concrete, stamped concrete (e.g., Bomanite), concrete pavers. In general, it is preferable to have no more than fifty percent (50%) of the parking strip area covered in hard surface material. Hard surface sections should alternate with planted sections and be complementary to the surrounding landscape. All hard surface material must be installed according to the specifications within the Santa Clara standard construction specifications and details for municipal construction. Landscaped sections used in conjunction with hard surface sections should not include trees if the park strip is less than six feet (6') wide by eight feet (8') long. If park strip is six feet (6') wide, planting may include trees planted equal distant from the sidewalk and curb and gutter in a planter bed no smaller than six feet (6') wide by eight feet (8') long, sod, ground cover, drought tolerant shrubs, bark, or colored mulch not to exceed three feet (3') in height. Planting near the driveway entrance shall comply with the zoning ordinance.
C. Street Trees: Street tree species selection shall be listed in Santa Clara tree species specification. On required landscape strips Santa Clara tree species specification street trees shall be planted in the front park strip area centered between the sidewalk and the curb to minimize tree conflicts and to maximize tree root zone. All park strips and landscaped street islands shall have root barrier a minimum of eighteen inches (18") in depth around the entire perimeter of the planting area. Where the park strip is less than six feet (6') in width or the sidewalk has been placed against the curb, street trees shall be planted four feet (4') behind the sidewalk. Trees rated with low or medium root damage potential are recommended. (Ord. 2012-08)
17.92.010: APPLICABILITY:
A. The provisions of this title are applicable to all new construction, development (including redevelopment), and landscape improvements in the city, except for (a) permitted uses in the Open Space zone; (b) permitted agricultural, horticultural, and gardening uses (including fruit trees) in any zone; (c) public parks or playgrounds, or public or school-owned active recreation areas, in any zone; however, all new uses which fall under (c) must be required to be served by secondary and not culinary municipal water. The provisions of this chapter are severable and if any provision, clause, sentence, word, or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability must not affect or impair any of the remaining provisions, clauses, sentences, sections, words, or parts of this chapter or their applicability to other persons or circumstances.
B. The Washington County Water Conservancy District has adopted Ultra Water Efficient Landscape Standards which may be more restrictive than this Chapter in many ways, but which also may allow an applicant to secure more or additional impact fee credits from WCWCD. An applicant to the City under this chapter may voluntarily elect to comply with the WCWCD Ultra Water Efficient Landscape Standards. In the event that the applicant obtains approval or certification from WCWCD of landscape plans meeting the Ultra Water Efficient Standards, then the applicant may present documentation evidencing WCWCD’s approval of landscape plans under the Ultra Water Efficient Landscape Standards and the City will accept said approval in lieu of the City’s review and approval of the same plans under this chapter. (Ord. 2025-11: Ord. 2024-02: Ord. 2022-05)
17.92.020: DEFINITIONS:
ACTIVE RECREATION AREA: | Dedicated active play areas where irrigated lawn is used as the playing surface, such as a sports field designed for public use. Active recreation areas shall be: 1. A minimum of one thousand five hundred (1,500) contiguous square feet of lawn area. 2. Not less than thirty (30) feet in dimension. 3. Not less than ten (10) feet from areas dedicated to vehicular use, such as a street or parking lot. 4. Designed and located to be accessible to large populations, such as at a school, daycare, recreation center, senior center, public park, private park, water park or religious institution. 5. Co-located with amenities, including but not limited to trash bins, benches, tables, walking paths, drinking water, playground equipment and/or other recreational amenities. |
CONTROLLER: | A device used in irrigation systems to automatically control when and how long sprinklers or drip irrigation systems operate. |
DRIP IRRIGATION: | An irrigation system that delivers water by adding water at the plant’s base and root zone, usually measured in gallons per hour. Drip irrigation exhibits a droplet, trickle, umbrella or short stream pattern, to reduce evaporation, overspray, and water use, and improving water conservation. |
DRIP EMITTER: | A drip irrigation fitting that delivers water slowly at the root zone of the plant, usually measured in gallons per hour. |
GRADING PLAN: | The grading plan shows all finish grades, spot elevations, drainage as necessary, and new and existing contours with the developed landscaped area. |
GROUND COVER: | Material planted in such a way as to form a continuous cover over ground that can be maintained at a height no more than twelve inches (12"). |
HARDSCAPE: | Elements of landscape constructed from non-living materials such as concrete, boulders, brick, blacktop, and lumber. Includes patios, decks, and paths, but does not include driveways and sidewalks. |
HYDROZONE: | Portion of landscape area having plants with similar water needs and rooting depth. A hydrozone may be irrigated or non-irrigated. |
IRRIGATION PLAN: | A plan that shows the components of the irrigation system with water meter size, backflow prevention, precipitation rates, flow rate, and operating pressure for each irrigation circuit, and identification of all irrigation equipment. |
IRRIGATION RUNOFF: | Irrigation water that is not absorbed by the soil or landscape area to which it is applied, and that flows onto other areas. |
LANDSCAPE ARCHITECT: | A person who holds a professional license to practice landscape architecture in the state of Utah. Pursuant to Utah Code, licensed landscape architects, licensed architects, licensed land surveyors, and licensed engineers can professionally stamp plans that fall under the practice of landscape architecture. This includes commercial landscape and irrigation plans. |
LANDSCAPE AREA: | Area of a Lot not including any building footprints, driveways, sidewalks, and patios; also not including areas of agricultural, horticultural, or gardening uses which are permitted by applicable zoning. |
LANDSCAPE DESIGNER: | A person who may or may not hold professional certificates for landscape design/architecture, and who generally focuses on residential design and horticultural needs of home landscapes. Landscape designers may assist developers and property owners with landscape design but may not submit landscape plans for multifamily residential or nonresidential properties and projects under this chapter unless certified by a landscape architect. |
LANDSCAPE DOCUMENTATION PACKAGE: | The documentation of graphic and written criteria, specifications, and detailed plans to arrange and modify the effects of natural features to comply with the provisions of this chapter. The Landscape Documentation Package must include a project data sheet, a site plan, a planting plan, an irrigation plan, construction details, and a grading plan. |
LANDSCAPE OR LANDSCAPING: | Any combination of berms; living plants, such as trees, shrubs, vines, ground cover, annuals, perennials, ornamental grass, or seeding; natural features such as rock, stone, or bark chips; and structural features, including but not limited to, fountains, reflecting pools, outdoor artwork, screen walls, fences, or benches that create an attractive and pleasing environment. |
LANDSCAPE OR LANDSCAPING MAINTENANCE: | Maintaining or keeping any landscaping, or any area required to be landscaped: |
A. In a live and thriving condition, with consideration for normal growth and water needs; and | |
B. Fertilized, mowed, trimmed, edged, mulched and free from weeds, dead plants, litter, refuse, or debris in compliance with regionally accepted horticultural practice and city ordinances. | |
LANDSCAPE PLAN: | A plan that clearly and accurately identifies the location and species of new and existing trees, shrubs, ground cover, and other plants on a site, and any other landscape element, and includes an irrigation plan. |
LAWN: | Irrigated nonagricultural land planted in closely mowed, managed grasses. |
MULCH: | Material (such as, but not limited to, rock, bark, wood chips) uniformly applied upon the surface of the soil to reduce evaporation and weed growth. Mulches must allow penetration of water and air. For purposes of these standards, ungrouted pavers, stepping stones and artificial turf manufactured to be permeable to air and water may be considered mulch. |
MULTIFAMILY: | Any residential use comprised of a dwelling or dwellings designed for occupation by more than one family in any zone, but for purposes of this Chapter, excludes single-family dwellings, two-family dwellings, dwellings containing an approved internal accessory dwelling unit, or dwellings which are an approved accessory dwelling unit to a primary dwelling. |
PARK STRIP: | A typically narrow landscaped area located between the back-of-curb and sidewalk. |
PLANTING BED: | Areas of the landscape that consist of plants, such as trees, ornamental grasses, shrubs, perennials, and other regionally appropriate plants. |
PLANTING PLAN: | A planting plan that clearly and accurately identifies the type, size, and locations for new and existing trees, shrubs, planting beds, ground cover, lawn areas, driveways, sidewalks, hardscape features, and fences. |
PRECIPITATION RATE: | The depth of water applied to a given area, usually measured in inches per hour. |
PRESSURE REGULATING VALVE: | A valve installed in an irrigation mainline that reduces a higher supply pressure at the inlet down to a regulated lower pressure at the outlet. |
REHABILITATED LANDSCAPE: | Landscape area in which over fifty percent (50%) of existing landscaping is removed and replaced. Includes all landscaping funded in part, or completely, by Washington County Water Conservancy District’s landscape conversion program. |
SECONDARY IRRIGATION WATER: | Non-potable water that is untreated and used for irrigation of outdoor landscaping. |
SINGLE FAMILY: | Any residential use comprised of a dwelling designed for occupation by only one family in any zone, and for purposes of this Chapter includes primary dwellings, dwellings containing an approved internal accessory dwelling unit, and approved accessory dwelling units. |
SLOPE: | A vertical rise in feet measured over a horizontal distance, expressed as a percentage, measured generally at right angles to contour lines. |
TWO-FAMILY: | Any residential use comprised of a dwelling designed for occupation by two families in any zone, but for purposes of this Chapter excludes dwellings containing an approved internal accessory dwelling unit, or dwellings which are an approved accessory dwelling unit to a primary dwelling. |
WATER-CONSERVING PLANT: | A plant that can generally survive with available rainfall once established, with possible supplemental irrigation needed or desirable during spring and summer months or during drought periods. (Ord. 2024-02: Ord. 2022-05) |
17.92.030: SINGLE FAMILY AND TWO-FAMILY RESIDENTIAL WATER EFFICIENCY STANDARDS:
The provisions of this section are applicable to all new single family or two-family residential development or redevelopment in any zone.
A. Construction Standards:
1. New single family or two-family dwellings, including accessory dwelling units, having at least one thousand (1,000) square feet of living space must have installed a hot water recirculation system or systems, unless hot water delivery can be demonstrated to occur without first displacing more than 0.5 gallons of system water.
2. New single family or two-family residential dwellings, including accessory dwelling units, must use WaterSense labeled fixtures, including but not limited to faucets, showerheads, toilets, and urinals.
B. Landscape Standards: For all residential construction and development which is subject to this section, landscaping must meet the following requirements:
1. The total irrigated landscape area must not exceed eight percent (8%) of the lot square footage, up to a maximum of two thousand five hundred (2,500) square feet of lawn area. Lots less than seven thousand five hundred (7,500) square feet are allowed up to six hundred (600) square feet of lawn.
2. Single-family homes with limited common areas designated for the exclusive use of the adjacent dwelling shall have the same allowances as a single- family home.
3. Lawn is prohibited in park strips, in all landscape areas less than eight (8) feet wide, and on any slope that exceeds twenty percent (20%).
4. Any lot in any zone which is larger than one-half (½) acre must use secondary irrigation to irrigate any agricultural, horticultural, or gardening uses which are permitted in the applicable zone. (Ord. 2024-02: Ord. 2022-05)
17.92.040: MULTIFAMILY RESIDENTIAL AND NONRESIDENTIAL WATER EFFICIENCY STANDARDS:
The provisions of this section are applicable to all new multifamily residential and nonresidential development or redevelopment in any zone.
A. Construction Standards:
1. Hot water recirculation systems must be installed, unless hot water delivery can be demonstrated to occur without first displacing more than 0.5 gallons of system water.
2. New and future installations of plumbing fixtures must meet or exceed the water conservation requirements specified in the building code as adopted by Santa Clara City.
3. All units located partially or completely on a ground floor, and which are individually subdivided, must be separately metered, sub metered, or equipped with alternative technology capable of tracking the water use of the individual unit, and the information must be made available to the resident of each unit. Individually platted condominium units are excepted if a condominium owners’ association owns and maintains the water lines and meters. All nonresidential projects require separate water meters for all outdoor water usage, including landscaping.
4. All commercial car washes must utilize a wastewater recirculation system and limit water use to a maximum amount of thirty-five (35) gallons per vehicle washed.
5. Manmade ornamental water features are limited to twenty-five (25) square feet per parcel and are limited to the parcel.
6. All golf courses using water district or municipal water supplies shall have a separate meter and irrigate with secondary irrigation water. Irrigation with potable water is prohibited. Each golf course development must submit and follow a water budget with the Landscape Documentation Package and identify water conservation measures for city approval.
7. Outdoor misting systems may only be operated during the May through September time period where the daily high temperature is ninety degrees (90°) Fahrenheit or greater.
B. Landscape Standards: For all multifamily residential and nonresidential development subject to this section, landscaping must meet the following requirements:
1. Lawn is prohibited in park strips, all landscape areas less than eight (8) feet wide, and on any slope that exceeds twenty percent (20%).
2. Attached multi-family residential units may have up to one hundred (100) square feet of lawn per dwelling unit. Properties with less than six (6) dwelling units are allowed up to six hundred (600) square feet of lawn.
3. Lawn areas are prohibited for nonresidential uses except where an active recreation area is appropriate, such as a childcare center or athletic complex.
4. Landscape and irrigation installers must follow plans that have been signed and approved by the city.
5. Each project must propose and comply with an approved planting plan that has a minimum of forty percent (40%) vegetative cover of a landscaped area with water-efficient shade trees and bushes adequate in number and configuration to visually enhance the project, prevent heat islands, and prevent soil erosion. The city has sole discretion to approve or require adjustments to the configuration of vegetation in the planting plan.
6. If secondary irrigation water is available, each project shall connect to the system for all outdoor water use. The city may make minor exceptions, allowing use of treated water for outdoor plantings in small beautification areas, in its sole discretion.
C. Required Documentation:
1. Landscape Documentation Package: A copy of a Landscape Documentation Package must be submitted to and approved by the city prior to the issue of any building permit. A copy of the approved Landscape Documentation Package must be provided to the property owner or site manager. The Landscape Documentation Package must be prepared by a professional landscape architect (PLA) and must consist of the following items:
a. Project Data Sheet containing the following:
(1) Project name and address;
(2) Applicant or applicant agent’s name, address, phone number, and email address;
(3) Landscape architect’s name, address, phone number, and email address; and
(4) Landscape contractor’s name, address, phone number and email address, if available currently.
b. Planting Plan. A detailed planting plan must be drawn at a scale that clearly identifies the following:
(1) Location of all plant materials, a legend with common and botanical names, and size of plant materials;
(2) Property lines and street names;
(3) Existing and proposed buildings, walls, fences, utilities, paved areas and other site improvements;
(4) Existing trees and plant materials to be removed or retained;
(5) Scale: graphic and written;
(6) Date of design;
(7) Designation of hydrozones; and
(8) Details and specifications for tree staking, soil preparation, and other planting work.
c. Irrigation Plan. A detailed irrigation plan must be drawn at the same scale as the planting plan and contain the following information:
(1) Layout of the irrigation system and a legend summarizing the type and size of all components of the system, including manufacturer name and model numbers;
(2) Static water pressure in pounds per square inch (psi) at the point of connection to the public water supply;
(3) Flow rate in gallons per minute and design operating pressure in psi for each valve and precipitation rate in inches per hour for each valve with irrigation equipment (i.e., sprinklers, drip emitters, bubblers, etc.); and
(4) Installation details for irrigation components.
d. Grading Plan. A grading plan must be drawn at the same scale as the planting plan and must contain the following information:
(1) Property lines and street names, existing and proposed buildings, walls, fences, utilities, paved areas, and other site improvements; and
(2) Existing and finished contour lines and spot elevations as necessary for the proposed site improvements, as well as drainage.
2. Plan Review, Construction Inspection, and Post-Construction Monitoring:
a. As part of the building permit approval process, a copy of the Landscape Documentation Package must be submitted with a city provided pre-submittal checklist completed for the city to initiate a review and approval process before construction begins.
b. All installers and designers must meet state and local license, insurance, and bonding requirements, and be able to show proof of such.
c. During construction, site inspection of the landscaping may be performed by the Building Department or other city official tasked with such inspections.
d. Following construction and prior to issuing an occupancy permit, an inspection must be scheduled with the Building Department or other city official tasked with such inspections to verify compliance with the approved landscape plans. The Certificate of Substantial Completion must be completed by the property owner, developer, contractor, or landscape architect and submitted to the city. The Certificate of Substantial Completion must be accompanied by a certification from the landscape architect that the landscaping, irrigation, and related improvements have been installed consistent with the approved Landscape Documentation Package.
e. The Building Department or other city official tasked with such inspections reserves the right to perform site inspections at any time before, during, or after the irrigation system and landscape installation, and to require corrective measures if requirements of this chapter are not satisfied. (Ord. 2024-02: Ord. 2022-05)
17.92.050: LANDSCAPE AND IRRIGATION DESIGN AND OPERATION STANDARDS:
The provisions of this section shall apply to all new landscaping and irrigation in the City.
A. Plants must be well-suited to the microclimate and soil conditions at the project site. Native, locally adaptable, and environmentally sustainable plants are acceptable. See the Washington County Water Conservancy District’s recommended plant list on https://wcwcd.org. Plants with similar water needs must be grouped together as much as possible into hydrozones for efficient irrigation. Invasive plant species as identified by Washington County must not be planted.
1. Areas with slopes greater than twenty percent (20%) slope must be landscaped with deep-rooting, water-conserving plants that do not include lawn.
2. Park strips and other landscaped areas less than eight feet (8') wide must be landscaped with water-conserving plants and/or mulch that do not include lawn.
B. Tree species must be selected based on growth characteristics and site conditions, including available space, overhead clearance, soil conditions, exposure, and desired color and appearance. Trees should be suited for water-efficient landscapes; however, fruit trees are allowed where permitted by zoning. Trees must be selected and planted in accordance with the following city guidance:
1. Broad canopy trees may be selected where shade or screening of tall objects is desired.
2. Low-growing trees must be selected for spaces under utility wires.
3. Select trees from which lower branches will be trimmed to maintain a healthy growth habit where visual clearance and natural surveillance is a concern.
4. Narrow or columnar trees are recommended for small spaces, or where awnings or other building features limit growth, or where greater visibility is desired between buildings and the street for natural surveillance.
5. Tree placement must provide canopy cover (shade) and avoid conflicts with existing trees, retaining walls, above and below ground utilities, lighting, and other obstructions.
C. Irrigation Design Standards:
1. Pressure Regulation. A pressure regulating valve must be installed by the builder or developer, and maintained by the owner, if the static service pressure exceeds ninety (90) pounds per square inch (psi). The pressure regulating valve must be located between the meter and the first point of water use, or first point of division in the pipe, and must be set at the manufacturer’s recommended pressure for the sprinklers.
2. Irrigation Controller. It is required that landscaped areas use a WaterSense labeled smart irrigation controller, which automatically adjusts the frequency and/or duration of irrigation events in response to changing weather conditions. All controllers must be equipped with automatic rain delay or rain shut-off capabilities. All controllers must have memory retention capability to retain pre-programmed irrigation schedules. Sites are not exempt from water waste prohibitions.
3. Low-volume irrigation equipment (i.e., drip emitters, bubblers) must be provided for each tree.
4. Drip irrigation must be used to irrigate plants in non-lawn areas.
5. High conservation efficiency spray nozzles are required for sprinkler applications.
6. Sprinkler heads must have matched precipitation rates with each control valve circuit.
7. Filters and end-flush valves must be provided for drip irrigation lines.
D. Irrigation Operation Standards:
1. Landscape watering with potable (treated) water is prohibited from ten o’clock (10:00) a.m. to eight o’clock (8:00) p.m., from June 1 to October 1, to maximize irrigation efficiency.
2. Water waste is prohibited. Waste includes overwatering, irrigating during a precipitation event, water that sprays or flows off your property, failure to comply with drought restrictions and/or a failure to repair irrigation system leaks and/or malfunctions in a timely manner.
3. Overwatering can be avoided by following the water district’s recommended irrigation schedule and practices as noted on wcwcd.org. The generally recommended schedule is:
a. Winter (Nov - Feb) - sprinkler and drip irrigation up to one (1) day a week. Irrigation is typically not needed in December and January.
b. Spring (Mar - April) - sprinkler irrigation up to three (3) days a week and drip irrigation up to two (2) days a week.
c. Summer (May - Aug) - sprinkler irrigation up to four (4) days a week and drip irrigation up to three (3) days a week.
d. Fall (Sept - Oct) - sprinkler irrigation up to three (3) days a week and drip irrigation up to two (2) days a week.
4. Program valves for multiple repeat cycles are required to reduce runoff on slopes and for soils with slow infiltration rates. (Ord. 2024-02: Ord. 2022-05)
17.92.060: RESTRICTIVE COVENANTS IN CONFLICT WITH WATER EFFICIENCY STANDARDS:
Any homeowners’, condominium owners’, or property owners’ association governing documents, such as bylaws, operating rules, covenants, conditions, and restrictions that govern the operation of a common interest development, recorded after passage of this chapter, are void and unenforceable if they conflict with the water efficiency standards in this chapter, or if they have the effect of prohibiting or restricting compliance with this chapter. (Ord. 2024-02: Ord. 2022-05)