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)

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)

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)

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         a.   How has/have the current land use ordinance section(s) that is/are the subject of this application become outdated or no longer in the best interest of Santa Clara City?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)

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)

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)

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)

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)

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)

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)