This title, including the zoning map, shall be known and may be cited as the PLANNING AND ZONING CODE.

This title and the zoning map are adopted to facilitate the following purposes:

1. To encourage orderly growth and development.
2. To protect the health, safety and welfare of residents, business and property owners.
3. To maintain or improve property values.
4. To improve and enhance the quality of life.
5. To reduce traffic congestion and hazards.
6. To provide adequate light and space and minimize the crowding of land.
7. To improve security and living environment.
8. To promote economic development and the economic health of the city and its inhabitants.
9. To promote a wholesome, sustainable and attractive city.
10. To further the goals of the general plan.
11. To protect and preserve community values and identity.
12. To encourage land uses which are compatible with the rural character of the city.
13. To protect urban and nonurban development.

This chapter is adopted to establish land use standards which are applicable in one or more zones of the city and which complement the land use requirements of individual zoning districts.

Where conflicting provisions exist in this title or between this title and other ordinances or laws, the more restrictive shall prevail unless the language clearly creates an exception. This title does not nullify or modify the provisions of other covenants, restrictions, agreements, ordinances or laws unless said provisions are less restrictive than provisions of this title.

The Planning Director, after consulting with the City Manager, may clarify and interpret the provisions of this title, including the zoning map, where there is disagreement or confusion regarding said provisions. The requirements contained in this title shall be construed as minimums or maximums for the purposes for which the requirements are set forth.

The following regulations shall apply in providing public notices:

1. Required Notice: The City Council, the Planning Commission, or an Appeal and Variance Hearing Officer shall schedule and hold any statutorily required public hearing or public meeting according to the provisions of this title and State law. The City shall provide notice of the date, place, and time of public hearings or public meetings at least ten (10) days before the date of the public hearing or public meeting, or such lesser or greater time as provided by State Statute or City ordinance, by: 1) posting notice of the hearing or meeting on the City's website and to the Utah State government notice website; and 2) by giving mailed written notice of the hearing to each affected entity. The City shall provide a copy of each staff report pertaining to a land use applicant to that applicant at least three (3) business days prior to the public hearing or public meeting. If notice given under authority of this subsection is not challenged in accordance with applicable appeal procedures within thirty (30) days from the date of the public hearing or public meeting for which the notice was given, the notice is considered adequate and proper. The notice required by this subsection may be referred to in this title as "required notice". Each applicant shall pay the costs of required notice for his or her application.
2. Requirements For Notification: Except in the case of development ordinance text amendments, the City shall notice all property owners of record of the subject property and properties within three hundred feet (300') of the boundary of the subject property as evidenced by the current records of the Salt Lake County Recorder's Office. The City shall ensure that the list of property owners and the address labels are accurate and complete. Subject to the limitations set forth herein, the City shall provide notice using the address labels and postage paid for by the applicant.
3. Posting On Site: Applicants applying for future land use map amendments and rezoning of property shall, in addition to the above requirements, post notification of the proposed land use change and/or rezoning on the site as directed by the City of South Jordan.

Any amendment or revision to this title, including the zoning map, shall supersede any prior provisions or ordinances. Provisions of this title and the zoning map not affected by or in conflict with the amendment or revision shall continue to be valid and shall not be considered a new enactment when amendments or revisions are adopted. Any prior provisions of City land use ordinances which do not now conform to provisions of this title are declared void. Any uses, structures or buildings which were conforming to previous provisions of this title but do not now conform shall be nonconforming uses, structures or buildings as regulated in this chapter.

The various sections, paragraphs, sentences, phrases and clauses of this title are hereby declared to be severable. If any such part of this title is declared to be invalid by a court of competent jurisdiction or is amended or deleted by the City Council, all remaining parts shall remain valid and in force.

Any person or entity found guilty of violating or causing or permitting the violation of any provision of this title shall be guilty of a Class C misdemeanor, punishable as provided by law. A violation shall be deemed a separate offense for each day the violation exists.

Rounding to whole numbers may be used to determine distance or height, but not in determining maximum or minimum area, density or other quantitative standards or requirements. A decimal ending with five (5) or greater may be rounded up to the next whole number.

Lands which are contiguous to the City boundary may be annexed to the City as provided in Utah Code Annotated. The City Council may assign a zoning designation to the territory at the time it is annexed in accordance with provisions of Utah Code Annotated and City ordinances. If the City Council does not assign a zone to the territory at the time it is annexed, the territory shall be zoned A-5 until and unless otherwise zoned by the City Council.

Properties and land owned by the United States government, the State of Utah or other political subdivision of the State of Utah shall be subject to the provisions of this title unless specifically exempted by State or Federal law. Any private person or entity or other local government or political subdivision of the State which may purchase, lease, rent or otherwise possess or use State or Federally owned property within the City boundary shall observe all City ordinances and requirements.

Landowners shall take into account proposed streets and street widths indicated in the City transportation plan in the planning of a development. Where development is proposed, the landowner shall be required to dedicate and improve (or pay a cash bond for the cost of improvements) any street, or portion thereof, which is planned in or necessitated by the development and that is rationally related to the development's impact on the City's transportation system. Where a planned street abuts or traverses a property, required yard spaces shall be measured from the proposed right-of-way lines of the street.

If the required area, width, frontage or yard space of a lot is rendered noncompliant as a result of acquisition of a portion of the lot for public use, the lot shall be considered a legal lot for purposes of this title. No construction or boundary change may be undertaken which will render these requirements further noncompliant. New buildings, structures or site improvements proposed for construction on such a lot shall meet all other requirements of the zone in which it is located.

No building, sign, structure, wall or collector street fence or fence over six feet (6') tall requiring a permit shall be constructed, reconstructed, remodeled, relocated or altered without first obtaining required permits or approvals from the City. No grading or change in land use shall be commenced without first obtaining approval from the City. Applications for permits shall be accompanied by necessary construction plans, exterior elevation plans and site plans drawn to scale. Plans shall include actual dimensions of the lot to be built upon, the size and setbacks of existing and proposed buildings and structures, adjacent buildings and structures and other information as required by this title and as deemed necessary by the Building, Fire, Engineering and Planning Departments. Where required, conditional use permits, site plans and/or plats must be approved prior to permit issuance. An applicant is entitled to approval of a land use application if the application conforms to the requirements of the City's future land use plan map, zoning map, and this title if a complete application is submitted and all fees have been paid, unless the Land Use Authority, on the record, finds that a compelling, countervailing public interest would be jeopardized by approving the application, or the City has formally initiated proceedings to amend its ordinances in a manner that would prohibit approval of the application as submitted.

All licenses, permits, agreements and plans issued or approved by the City shall comply with all requirements and standards of City ordinances. All subdivisions, site plans, buildings, construction and infrastructure shall be constructed in conformance with City ordinances and requirements. All uses shall be conducted in conformance with City ordinances, approved plans and requirements. New utility services shall not be provided on any property which has failed to comply with all requirements, plans and permits.

It shall be unlawful to use or occupy, or permit the use or occupancy of any building or premises until a certificate of occupancy has been issued for the premises and/or building by the City. It is unlawful to occupy or to allow the occupancy of any building with uses which are not authorized under the original certificate of occupancy. A new certificate of occupancy must be obtained if the use of the building is intensified or changed to the extent that the original certificate is no longer valid due to violations of occupancy and use codes. A certificate of occupancy may not be issued until all conditions and requirements of the pertinent conditional use permit, site plan and/or plat are met.

No required yard or open space around a building or structure or on a lot or parcel shall be considered as required yard or open space for another building, structure, lot or parcel.

No space needed to meet requirements for lot width, yard or open space, lot area, building coverage, parking, landscaping, public street frontage or other requirements of this title for a lot or building may be transferred, sold, bequeathed, or leased apart from such lot or building unless other space is provided which will achieve compliance. No land may be sold or transferred which will result in a lot that does not comply with the provisions of this title.

In residential subdivisions or developments which were approved with front and rear yard requirements which are now nonconforming and which have dwellings on more than seventy five percent (75%) of the lots or parcels within the subdivision or development, the minimum front and rear yard requirements for new construction shall be equal to the average of the front or rear yards for the buildings within the subdivision or development. However, this section shall not be interpreted to require a larger front or rear yard for new construction than the minimum front and rear yard requirements of the zoning district in which said subdivision or development is located.

See Section 16.04.200 (J).

Heights of buildings, fences, signs and other structures shall be determined by the current regulations of the International Building Code and the individual zones and chapters of this title. All buildings shall be constructed with at least one story above grade. Building height shall be measured from the average finished ground elevation to the peak of a pitched roof or to the coping of a flat roof and need not include structures extending above the roof not intended for occupancy. The height of communications antennas shall be regulated by provisions of chapter 17.112 of this title.

"Temporary uses" shall be defined as uses which do not exceed sixty (60) days in duration and which do not require permanent structures or improvements which are not already established with an approved permanent use. Such uses may include, but are not limited to, shaved ice kiosks, Christmas tree lots, fireworks stands, revivals and carnivals. A temporary use shall not cause or create a nuisance or hazard and shall conform to all requirements of this title. Uses which exceed sixty (60) days in duration or are not similar to those listed above may only be authorized with a conditional use permit which need not be renewed in the future; provided, that all conditions continue to be met and no hazards or nuisances have been created as a result of the use. All trash will be removed and the property will be restored to a clean condition after the temporary use has been terminated. Temporary uses shall obtain and/or provide the following:

1. A City business license for commercial uses.
2. Building or electrical permit (if necessary).
3. Hours of operation.
4. Salt Lake Valley Health Department approval.
5. Plot plan showing the location of the use, buildings and structures, setbacks, parking, access to public streets and adjacent uses.
6. Mass gathering permit (if necessary).
7. Property owner's authorization.

1. The City Engineer may approve the following public utilities in any zone:
   1. Electric power transmission and distribution lines.
   2. Gas transmission and distribution lines.
   3. Canals and water transmission and distribution lines.
   4. Motor vehicle roads and driveways.
   5. Railroad tracks.
   6. Telephone lines.
   7. Cable television or communication lines.
   8. Communication towers (see chapter 17.112 of this title).
      
   9. Easements, rights of way, service driveways or accessory structures which are appurtenant to the above uses.
      
2. Public facilities shall be subject to all of the height, bulk, location and other standards for the zone in which they are located except:
   1. There shall be no minimum lot size required.
   2. Only walled and/or roofed structures shall be required to meet the yard requirements (setbacks) of the zone. Otherwise, the public facilities listed in this section shall have no minimum yard requirements.
3. In new developments, all utility lines and structures shall be installed underground in properly recorded easements according to city engineering and public utility standards. Junction boxes, monitoring and pump stations and other aboveground utility structures not listed above in excess of thirty (30) square feet in area or over four feet (4') in height shall require conditional use permit approval prior to installation.

Swimming pools shall be located a minimum of five feet (5') from property lines and shall be completely enclosed with minimum six foot (6') nonclimbable fences or walls. Openings in said fences or walls shall not exceed thirty six (36) square inches, except for gates which shall be self-closing and self-latching.

Adjoining property owners shall keep public sidewalks, park strips and roads clear of obstructions and hazards. Shrubs, plants and trees shall be maintained clear of the sidewalk. Mature trees shall be pruned at least seven feet (7') above the sidewalk.

Nonconforming uses, buildings or structures will, under provisions of this title, be eliminated, safely maintained in their current conditions or otherwise brought into conformance with the provisions of this title. Nonconforming uses, buildings or structures may be continued as follows:

1. A nonconforming use may not be expanded into additional building or lot area not originally approved for occupancy of the use.
2. A nonconforming use, except for dwellings, may not be continued or resumed if it has been suspended for longer than a full calendar year.
3. A nonconforming use may not be substituted by another unlawful use or modified to include other unlawful uses. A nonconforming use may not be intensified or altered without coming into complete compliance with the provisions of this title.
4. A nonconforming business use may not be conducted without a city business license which has been approved by the city.
5. Construction of a nonconforming building or structure or any building or structure previously approved for a use which has become nonconforming since the building or structure was approved may be completed without interference; provided, that a valid building permit is obtained within one (1) year of site plan approval, and that construction is completed within two (2) years from the time of building permit issuance.
6. A nonconforming building or structure may not be expanded, enlarged or structurally altered without complying with the provisions of this title except for alterations or repairs required for compliance with Building and Life Safety Codes or except for interior remodeling which does not constitute an expansion.
7. A nonconforming use, building or structure may not be continued if said use, building or structure is declared a nuisance and is detrimental to the public health, safety and welfare.
8. Any use, building or structure which was not authorized by or allowed under a previous land use ordinance or amendment or which is illegal under such ordinance shall remain unauthorized and illegal unless expressly permitted under this title. (Ord. 2007-02, 1-16-2007)
9. Any nonconforming structure involuntarily demolished or allowed to deteriorate to the extent of no more than fifty percent (50%) of its reasonable replacement value at the time of the damage may be restored or reconstructed and the occupancy or use of such structure may be continued. The City may not prohibit the reconstruction or restoration of a noncomplying structure, or terminate the nonconforming use of a structure, that is involuntarily destroyed in whole or in part due to fire or other calamity, unless the structure or use has been abandoned. Nonconforming single-family dwellings are exempt from these requirements.

A period of time specified in this title shall be calendar days beginning on the day after the act, event or decision to which the time period refers and ending at five o'clock (5:00) P.M. the last day of the time period. If the last day of the time period does not fall on a business day, the next business day will be deemed to be the last day of the time period.

This section is to promote the general welfare of the City and its citizens, businesses and visitors. This section provides a means to enforce as a nuisance certain noise and disturbances to protect and preserve the well being of the City.

1. It shall be unlawful to perform the following between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M.:
   1. Mechanically sweep parking lots.
   2. Pick up commercial refuse trash receptacles.
   3. Construction, building, or other land development activities.
   4. Loading, unloading, deliveries, or other handling of containers or materials associated with a non-residential use and occurring outside of an enclosed building.
2. Excluded from the regulations of this section are:
   1. Projects located in areas presenting no adverse affects from light or noise to other nearby properties.
   2. Projects at the discretion of the City Manager or designee, which he or she determines there is good cause to exclude the projects from the regulations of this section and determines that the projects benefit the City as a whole.
   3. Public or private services rendered during an actual emergency situation.

1. The following paragraphs shall be included in the appropriate sections of all declarations of covenants, conditions and restrictions (or similar documents) for residential, commercial, or other projects approved by the City:
   1. South Jordan City ("City") shall have the right, but not the duty, to require, and if necessary, perform, at the Homeowner Association's expense, landscaping, maintenance, and snow removal within the common areas if the Homeowner Association fails to adequately perform such. If City exercises this right, then City is entitled to recover any associated costs and attorney fees. In addition, the owners in this development, by virtue of purchasing property in this development, give City the right, but not the duty to form, under State statutes, a Special Service District ("SSD") for the purpose of ongoing maintenance or a Special Improvement District ("SID") for the purpose of making needed improvements within this development. City may create a SSD or SID if the Homeowner Association or a property owner in this development asks City to take over this development's improvements or maintenance tasks. The City Council may also create a SSD or SID if it determines there is a historical pattern of a lack of care and maintenance. The Governing Body of any such SSD or SID formed, as stated in this paragraph, shall consist of the City Mayor, City Council and the Homeowner Association President. This Section shall not be amended or deleted without City's approval.
   2. This Declaration of Covenants, Conditions and Restrictions shall not be amended, and the Homeowner Association shall not adopt rules, to prohibit or have the effect of prohibiting reasonably sited and designed solar collectors, clotheslines, or other energy devices based on renewable resources on buildings erected on lots or parcels in this development. This Section shall not be amended or deleted without South Jordan City's approval.
2. The City Attorney may approve variations of the paragraphs required under subsection A of this section when individual circumstances dictate.

Residential facilities as defined in this Code are permitted uses in every zone which allows residential uses.