This title shall be known and may be cited as the ZONING ORDINANCE OF THE CITY OF WEST JORDAN (hereinafter referred to as "city"). (2001 Code § 89-1-101)

The chapters, parts, sections, paragraphs, sentences, clauses and phrases of this title are hereby declared to be severable. If any chapter, part, section, paragraph, sentence, clause or phrase of this title is declared invalid by a court of competent jurisdiction, or deleted through amendment or repeal, such invalidation or deletion shall not affect the remaining parts of this title. (2001 Code § 89-1-102)

   A.   Authority: This title is adopted pursuant to the municipal landusedevelopment and management act as set forth in Utah Code Annotated section 10-9a-101 et seq., other applicable statutory law and common law, and the police power authority inherent in local government as established and defined by state and federal statutory and common law.

   B.   Purpose: This title and the regulations and restrictions contained in this title are adopted and enacted to accomplish the purpose of Utah Code Annotated section 10-9a-102 and, further, to:

      1.   Promote the health, safety, convenience and general welfare of the city and its present and future inhabitants.

      2.   Encourage and facilitate the orderly growth and development of the city and implement the goals and policies of the city.

      3.   Provide adequate open space for light and air, prevent overcrowding of the land , and lessen congestion on the streets.

      4.   Secure economy in municipal expenditures and encourage adequate provisions for transportation, water, sewage, schools, parks, and other public facilities and services.

      5.   Increase the security of home life and preserve and create a more favorable environment for citizens and visitors to the city .

      6.   Ensure safety from fire and other dangers.

      7.   Stabilize and improve property values and place compatible uses together in the city .

      8.   Enhance the economic and cultural well being of the inhabitants of the city .

      9.   Promote the development of a more wholesome, serviceable and attractive city resulting from an orderly, planned use of resources.

      10.   Establish proper zoning regulations, ensure the suitability of the land for particular uses while promoting aesthetics in land use design, conserve the value of buildings, and encourage the most appropriate use of land throughout the city .

      11.   Further the purposes of this title and promote the qualities of the respective zones.

      12.   Protect the tax base.

      13.   Protect the natural environment of the city , while promoting a sustainable future living environment. (2001 Code § 89-1-103; amd. 2009 Code)

This title shall apply to all property within the corporate limits of the city , except such property expressly exempted by the provisions of this title or other lawful exemption. Except as expressly provided in this title, no development shall be undertaken without prior zoning approval pursuant to this title. (2001 Code § 89-1-104; amd. 2009 Code)

Unless otherwise provided by law , nothing contained in this title shall be construed as giving the city jurisdiction over properties owned by the state or the United States. When state or federal law requires compliance with local regulations, this section shall not be construed to abrogate such requirement. (2001 Code § 89-1-106)

   A.   General Plan : The city has adopted a comprehensive, long range general plan for the present and future needs of the city, and for the growth and development of the land within the city in accordance with the guidelines set forth in Utah Code Annotated section 10-9a-401 et seq.

   B.   Compliance With General Plan : The general plan is an advisory guide for landuse decisions.

   C.   Amendments To Plan: Amendments to the general plan shall be made in accordance with chapter 7, article D of this title.

   D.   Effect Of Plan On Public Uses: No street , park or other public way, ground, place or space, no publicly owned building or structure , and no public utility, whether publicly or privately owned, may be constructed or authorized until and unless it conforms to the general plan , or it has been considered by the planning commission and approved by the city council . Notwithstanding any other provisions of this title, any construction or development that does not conform to the general plan but is approved by the city council shall be considered an amendment to the general plan. (2001 Code § 89-1-105; amd. 2009 Code)

All departments, officials and employees of the city vested with duty or authority to issue permits and licenses shall apply the provisions of this title and shall issue no permit or license for a use or building where the same would be in conflict with the provisions of this title. Any permit or license issued in violation of this title shall be null and void ab initio. Any certificate or permit issued upon a material, false statement shall be void. (2001 Code § 89-1-107; amd. 2009 Code)

No real property may be developed or redeveloped, and no building or structure shall be constructed, reconstructed, altered or moved, nor shall the use or status of land be changed, except after the issuance of valid permits from the city which conform to the requirements of this code , including, but not limited to, title 8, "Public Works, Public Ways And Property", title 11, "Land Disturbance", title 14, "Subdivision Regulations", and title 9, "Utilities", unless such permit is expressly not required in this code. (2001 Code § 89-1-108)

   A.   Unlawful To Occupy: It is unlawful to use or occupy, or to permit the use or occupancy of, any building , property or premises prior to approval of a certificate of occupancy and zoning compliance (hereinafter referred to as "certificate") for the property development , premises and/or building by the city . It is unlawful to occupy, or to allow the occupancy or use of, any property development, premises or building that has a materially different design or greater intensity of use or different occupancy than specifically provided for in the approved certificate.

   B.   Certificate Of Occupancy And Zoning Compliance: A certificate of occupancy and zoning compliance shall be issued by the city administrator or a designee after a real propertydevelopment and/or building is completed and has passed final inspection. A temporary certificate not to exceed a period of six (6) months may be issued if the city administrator or his designee makes a written determination that conditions of zoning, site plan or other required approvals have been substantially met, but that acceptable circumstances have prevented or necessitated a delay in the installation of certain improvements required by the approved site plan, and that such delay will not create a hazard or safety concern. During the months of October to April, a cash bond equal to one hundred percent (100%) of estimated completion costs shall be required prior to issuance of the temporary certificate. During the months of May to September, a cash bond equal to one hundred fifty percent (150%) of the estimated completion costs shall be required prior to issuance of the temporary certificate. A new certificate shall be required any time there is a change of design, use or occupancy classification.

   C.   Inspection And Release Of Bond: When a cash bond has been posted with the city , an inspection must be scheduled with city staff to determine that all conditions of zoning, site plan , or other required approvals have been met. Once the city administrator or his designee has determined that all conditions to the approval of the project have been met, the cash bond may be released and permanent occupancy and/or use granted. If conditions have not been met at the end of the six (6) month period, permanent occupancy will not be granted and the cash bond will be retained by the city. The retained funds shall be expended for the purpose of completing the required work which may be completed by city staff, contractor hired by the city, or others at the city's discretion and with city approval. Funds not expended for completion of the work shall be returned to the party who posted the bond.

   D.   Failure To Obtain Certificate Of Occupancy And Zoning Compliance: Occupation without obtaining a certificate of occupancy and zoning compliance or allowing to be occupied or used any residential, commercial , industrial or institutional property development and/or building , or premises, or for changing the use or occupancy classification as provided for in the certificate issued under this title, shall be a violation of this title, subject to prosecution as provided in this code .

   E.   Nuisance: The occupancy or use of any real propertydevelopment and/or building for which a certificate has not been issued is hereby declared to be a nuisance and may be abated as such. It shall also be a nuisance for any real property development and/or building to be used or occupied with greater intensity or different use or design than authorized in its permits and certificates. (2001 Code § 89-1-109; amd. Ord. 19-50, 12-11-2019, Effective at 12 noon on January 6, 2020)

Building permits and/or certificates of occupancy and zoning compliance, issued on the basis of plans and specifications approved by city staff or other city authority authorizes only the use , arrangement and construction set forth in the approved plans and applications, and no other use, arrangement or construction. Use, arrangements or construction at variance with that shown on approved plans and specifications may be deemed a violation of this title. (2001 Code § 89-1-110)

   A.   CC&Rs, HOA Agreements And Similar Covenants Or Agreements: This title shall not nullify the more restrictive provisions of covenants and agreements like covenants, conditions and restrictions (CC&Rs), homeowners' association agreements and similar covenants and agreements.

   B.   Substantive Ordinances: This title contains substantive ordinances governing its subject matter and scope. In the event of a conflict between the substantive terms of this title or between this title and the substantive terms of any other title, law , ordinance or rule, the more restrictive provision shall apply. (2001 Code § 89-1-111; amd. 2009 Code)

This title supersedes and amends title 89 of the 2001 West Jordan municipal code. This title shall be deemed a continuation of said title 89 of the 2001 West Jordan municipal code and not a new enactment insofar as the substance of revisions included herein, whether in the same or different language. This title shall be so interpreted upon any question concerning the tenure of an officer or board established by title 89 of the 2001 West Jordan municipal code, or upon any question concerning conforming and nonconforming uses of buildings and structures. (2001 Code § 89-1-112; amd. 2009 Code)

Title 5 of this code contains substantive environmental compliance requirements applicable to all subjects otherwise regulated by this code. Specifically, title 5, chapter 2 of this code applies to all land disturbance and land development applications filed with the city . Persons considering filing applications for land disturbance or land development should consult title 5, chapter 2 of this code, in addition to the applicable provisions of this title and titles 9, 10, 11, and 14 of this code. (2001 Code § 89-1-113)

   A.   Procedural Ordinances: Title 15 of this code is designed to contain procedural ordinances governing the procedures involved in the application of this title and other property development and use titles. The boundary between what is substantive and what is procedural is imprecise. Persons using this title should look for procedural requirements in this title and in title 15 of this code. The procedures, if any, contained in this title and those contained in title 15 of this code should be followed. If a procedural provision of this title clearly and obviously conflicts with a provision in title 15 of this code, the provision in title 15 of this code shall govern. (2009 Code)