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)

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)

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)

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)

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)

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)

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)

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)

   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)

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)

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)

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)

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)

No dwelling shall be erected to a height of less than one story above grade. (Ord. 97-06 § 4-14)

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)

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)

   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)

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)

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)

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)

(Rep. by Ord. 2004-39 § 1)

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)

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)

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)

   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)

   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)

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)

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)