The purpose of this chapter is to provide landdevelopment standards that are applicable throughout the City regardless of zone . The requirements of this chapter shall be in addition to the use standards contained within the provisions of each respective zone. The provisions of this chapter shall prevail over conflicting provisions of any other requirements in this title, unless a different standard is expressly authorized. (2001 Code §89-6-101)

   A.   Parking Or Storing Of Inoperable Vehicles Prohibited: It shall be unlawful to park, store, leave or permit the parking, storing or leaving of any licensed or unlicensed motor vehicle of any kind, or parts thereof, which is in a wrecked, junked, partially dismantled, inoperative or abandoned condition, whether attended or not, upon any private or public property within the City limits for longer than seventy two (72) hours.

   B.   Nuisance: The accumulation and storage of motor vehicles , or parts thereof, as defined in subsection A of this section, on a private or public property, shall constitute a nuisance, detrimental to the health, safety and welfare of the inhabitants of the City . It shall be the duty of the owner of such vehicle, or parts thereof, or lessee, or other person in possession of private property upon which such vehicle or parts thereof is located, to remove the vehicles or parts thereof from such property.

   C.   Exceptions:

      1.   Inoperable motor vehicles , or parts thereof, may be stored within a completely enclosed building .

      2.   The provisions of this section shall not apply to lawfully established licensed and operated automobile wrecking yards or automobile repair facilities. However, any such facilities must comply with the screening and fencing requirements of this title. (2001 Code §89-6-102; amd. 2009 Code)

   A.   Permitted And Conditional Uses Chart: Accessory uses allowed in all zones are listed in the table below. Those uses identified as "permitted" (P) are allowed by right; provided, that they comply with all other requirements of this article, and all other applicable requirements of this title. Uses identified as "conditional" (C) must be approved by the Planning Commission pursuant to the standards and procedures for conditional uses set forth in chapter 7, article E of this title and title 15 of this Code , and comply with all other applicable requirements of this title. Uses identified as "administrative conditional uses" (AC) shall be approved by the Zoning Administrator pursuant to the standards set forth in chapter 7, article E of this title, except that the public hearing shall be conducted by the Zoning Administrator, and shall comply with title 15 of this Code, and all other applicable requirements of this title. Uses not specifically listed in this section shall not be allowed in the respective zones.

   ACCESSORY PERMITTED AND CONDITIONAL USES

 

 

 

   B.   Setbacks And Heights Requirement Chart:

n/a = Not allowed in front yard

   C.   General Requirements For Accessory Structures In All Zones:

      1.   Accessory structures or buildings shall not be constructed before the principal building is constructed.

      2.   A proposed accessory use shall be subordinate to a principal use on the same lot or parcel.

      3.   Accessory buildings or structures shall be located on the same lot with the principal building and the footprint area shall be less than the principal building except in agricultural and industrial zones.

      4.   An accessory building shall not cover more than twenty percent (20%) of the rear yard , corner side yard , if applicable, or front yard area where it is located on the lot .

      5.   Accessory buildings in side yards shall not be placed as to be continuous between the side property line and the side of the principal structure without maintaining an access path to the rear yard that is at least three feet (3') in width.

      6.   The height of an accessory structure shall be measured in the same way as a principal building or structure . (See "height of building ", as defined in section 13-2-3 of this title.)

      7.   A building permit is required for any accessory structure over two hundred (200) square feet in gross floor area or if the accessory building is over seventeen feet (17') in height. A building permit is required if gas, electricity, water and sewer, are provided to an accessory structure regardless of gross floor area.

      8.   Agricultural related accessory buildings used for the housing or shelter of animals shall be located a minimum distance of forty feet (40') from any existing dwelling , except as authorized in subsection 6-3E-3E of this Code .

      9.   No accessory building shall be constructed over a platted easement area, unless it meets the requirements of section 13-8-5 of this chapter.

      10.   In all single family , two family and multifamily residential zones no accessory structure shall be located in a front yard area of any lot .

      11.   In all single family , two family and multi-family zones: Any accessory building over seventeen feet (17') high shall be set back from side and rear property lines the minimum setback shown in subsection B of this section, plus one foot (1') for each additional foot of height, or part thereof, in excess of seventeen feet (17').

      12.   For corner lots, an accessory building over two hundred (200) square feet in area, regardless of height, shall be set back from the corner side property line a minimum of twenty feet (20'), plus one foot (1') for each additional foot of height in excess of seventeen feet (17').

      13.   Any accessory structure that requires a building permit shall also be located a minimum of six feet (6') from a dwelling .

      14.   In commercial , office and industrial zones:

         a.   An accessory building shall be located a minimum of twenty feet (20') from any principal dwelling on an adjacent property.

         b.   An accessory building shall have no openings on the side that is contiguous to the property line.

         c.   The wall of an accessory building adjacent to the property line shall have a two (2) hour fire retardant rating. (2001 Code §89-6-103; amd. 2009 Code; Ord. 10-09, 2-24-2010; Ord. 11-35, 11-22-2011; Ord. 13-17, 4-24-2013; Ord. 14-09, 5-14-2014; Ord. 17-17, 3-22-2017; Ord. 18-36, 11-7-2018; Ord. 21-33, 8-11-2021)

   A.   Interior Lots: To maintain a clear, unobstructed view of adjoining streets and sidewalks for safety of vehicular and pedestrian traffic, the following standards shall apply:

      1.   Height Limitation: No wall, fence , opaque hedge or screening material higher than forty eight inches (48") shall be permitted within a required front yard .

      2.   Trees: All trees planted within fifteen feet (15') from a street curb shall be pruned to remove all branches to a height of at least eight feet (8') above the elevation of the curb. For streets that have no curb, this provision shall apply to trees within fifteen feet (15') from the edge of street paving.

      3.   Retaining Walls: No retaining wall higher than thirty six inches (36") shall be permitted.

      4.   Exceptions: The provisions of this subsection shall not apply to fences required by Statelaw to surround and enclose public utility installations, public schools or City property.

   B.   Corner Lots: Clear vision areas at intersections shall be provided according to standards contained in the City "Public Improvement Standards, Specifications and Plans Manual". (2001 Code §89-6-105; amd. 2009 Code)

No dwelling , main building or permanent accessory building shall be located within a platted easement area, unless such structure meets all of the following requirements:

   A.   The location of the structure is permitted by other provisions of this title pertaining to setback requirements.

   B.   The property owner produces evidence that the easement has been abandoned, is unused, is not needed, or will not be needed by the intended beneficiaries of the platted easement.

   C.   The property owner executes a document acknowledging that notwithstanding the evidence produced pursuant to subsection B of this section: 1) the location of the structure is subject to the superior interest of the intended beneficiary of the platted easement ; 2) the structure may be required to be relocated; 3) if relocation becomes necessary, the property owner will relocate the structure at his/her expense. The document shall be in recordable form and recorded with the Salt Lake County Recorder. The form of the document shall be approved by the City Attorney.

   D.   As used in this section, the term "intended beneficiaries of the platted easement " shall mean, in the case of a public utility easement, those utilities currently licensed or franchised by the City to provide electrical power, telephone services, natural gas, culinary water, sanitary sewer services and/or cable television services to residents of the community. Nothing in this section is intended to expand or restrict the rights or obligations of any party to any easement, platted or otherwise. (2001 Code §89-6-107; amd. 2009 Code)

Whenever a front or side yard is required for buildings abutting a proposed street which has not been dedicated or constructed, but which has been designated as a future street on the City master transportation plan, the depth of the front or side yards shall be measured from the nearest line of the planned street. (2001 Code §89-6-108; amd. 2009 Code)

In blocks with more than fifty percent (50%) of the buildable lots already developed, the minimum front and rear yard requirement for new construction shall be equal to the average of the front or rear yards existing on the developed lots. However, this regulation shall not be interpreted to require a front or rear yard of more than thirty feet (30') in depth . (2001 Code §89-6-109)

   A.   Method Of Measurement: Where doubt exists as to the height of fences, hedges or other structures provided for in this title, height shall be measured from the average finished grade of the yard in which fences, hedges or other such structures are located.

   B.   Exceptions: The height limitations of this title shall not apply to belfries, church spires, clock towers, cupolas, or domes not used for human occupancy, or to chimneys, ventilators, skylights, water tanks, silos, cornices without windows, antennas, radio towers, or properly screened mechanical appurtenances usually carried above the roof level of a building . In no case shall it be lawful to construct, build or establish a building, tree , smokestack, chimney, flagpole, wire, tower , or other structures or appurtenances thereto, which may constitute a hazard or obstruction to navigation or landing and takeoff of aircraft at a publicly used airport . Regulations established by the federal aviation administration shall be considered to be the minimum acceptable standards for facilities in such an area. (2001 Code §89-6-110; amd. 2009 Code)

When the common boundary separating two (2) or more contiguous lots in one ownership is covered by a building or a permitted group of buildings, the lots shall constitute a single building site and the side yard as required by this title shall not apply to such common boundary line. The side yard requirements of this title shall apply only to the exterior boundaries of the contiguous lots. (2001 Code §89-6-111; amd. 2009 Code)

If a portion of a lot or parcel of land which meets the minimum lot area requirements of a respective zone is acquired for public use in any manner, including by dedication , condemnation or purchase, and such acquisition reduces the lot area below the minimum requirement, the remainder of the lot or parcel shall nevertheless be considered as having the required minimum lot area if it meets all of the following conditions:

   A.   Size:

   B.   Street Access: The lot or parcel has a minimum of twenty feet (20') of frontage on a public street . (2001 Code §89-6-112; amd. 2009 Code)

   A.   Independent Lot Calculations: No portion of a minimum lot area required by this title shall be used or considered as a part of another lot or parcel of land for purposes of establishing or determining applicable property development standards.

   B.   Transfer Of Required Yard Space Prohibited: Except as described in section 13-8-10 of this chapter, no space needed to meet the width, yard, area, coverage, parking, 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 so complying is provided. No land shall be sold which will result in a lot being created for building purposes that does not comply with the provisions of this title. (2001 Code §89-6-113)

   A.   Purpose: This section is to ensure that relocated buildings will not have an adverse effect on property values and that the buildings will be harmonious and compatible with existing and future anticipated development in the area.

   B.   Conditional Use Permit Required: No persons shall place, move on, or affix to land any building which was formerly located on another site without first obtaining a conditional use permit. This section shall not regulate an accessory structure having a floor area of two hundred (200) square feet or less and a height of twelve feet (12') or less.

   C.   Application Requirements: The following information shall be submitted when an application is made to the planning commission for a conditional use permit :

      1.   Location and address of the old and new sites.

      2.   Plot plan of the new location, showing adjacent lots on all sides of the property and indicating all structures and improvements on the lot .

      3.   Plans and specifications for the proposed improvements at the new location, including landscape plans.

      4.   A filing fee for each building to be relocated as established by resolution of the city council .

   D.   Standards For Relocation: A building shall not be relocated unless:

      1.   The relocated building will have no appreciable detrimental effect on the living environment and property values in the area into which it is moved;

      2.   The relocated building is consistent with the architectural style and quality of buildings existing in the area into which the building is proposed to be moved; and

      3.   The relocated building and the lot on which the building will be relocated conforms to the requirements of this title and other applicable codes.

   E.   Cash Bond Required: The owner or developer shall provide a cash bond or other acceptable financial assurance in a form acceptable to the city attorney, or lien on the property in sufficient amount to guarantee the obligations imposed by this section for the completion of the remodeling of the relocated building per criteria under this section prior to receiving a building permit .

   F.   Construction Time Period: Construction shall be completed within nine (9) months from the date a building permit is issued. The planning commission may grant an extension to this construction period not to exceed three (3) months' time based on reasonable justifications. (2001 Code §89-6-114; amd. 2009 Code)

   A.   Permitted: The following structures may project into any required yard :

      1.   Fences and walls in conformance with this code ;

      2.   Landscape elements, including trees, shrubs , agricultural crops and other plants; and

      3.   Necessary appurtenances for utility service.

   B.   Permitted With Conditions: The following structures may project into a front or rear yard not more than four feet (4') and into a minimum side yard not more than two feet (2'):

      1.   Cornices, eaves, belt courses, sills, buttresses or other similar architectural features;

      2.   Fireplace structures and bays; provided, that they are not wider than ten feet (10') measured generally parallel to the wall of which they are a part;

      3.   Stairways, balconies, ramps, door stoops, fire escapes, awnings, porches and patio covers; and

      4.   Planting boxes not exceeding twenty four inches (24") in height.

   C.   Access For Persons with Disabilities : Covered or uncovered vertical wheelchair lifts, access ramps or other access for persons with disabilities, which are under four feet (4') in height, may project into a front, rear or side yard subject to zoning administrator approval. The zoning administrator may approve such project, after finding:

      1.   The encroachment caused by the proposed access modification is justifiably necessary to meet the legitimate disability needs of the applicant; and

      2.   The proposed projection would have no substantial adverse impact upon the neighborhood. (2001 Code §89-6-115; amd. 2009 Code; Ord. 11-35, 11-22-2011)

   A.   Parking Of Vehicles (Classes 1 Through 5) And Construction Equipment: Except as otherwise provided for in this section, with regards to parking in residential zones, vehicles (classes 1 through 5) and construction equipment, both as defined in section 13-2-3 and as detailed in Table B, are required to:

      1.   Be parked on a parking surface constructed of asphalt, concrete, grasscrete, a minimum three-fourth inch (¾") or larger gravel mix, pavers, permeable asphalt or concrete, rock, stone, turf block, or any combination of the aforementioned materials. Gravel, gravel mix, crushed rock and stone shall have a minimum depth of at least four inches (4").

      2.   Be operable for the purpose for which they were originally manufactured or intended; and

      3.   Comply with the provisions governing drinking water source protection overlay zones in chapter 6, article F of this title.

   B.   Parking Of Vehicles (Classes 6 Through 13): Except as otherwise provided for in this section, with regards to parking in residential zones, vehicles (classes 6 through 13), as defined in section 13-2-3 and as detailed in Table B, are not allowed to be parked except:

      1.   The tractor portion of a semitruck may be parked on a lot in a residential zone occupied by the driver, provided the vehicle is parked or entirely within the boundaries of such lot and does not obstruct the public sidewalk; and

      2.   During periods of active construction and not to exceed six (6) months.

   C.   Parking Of Watercraft, Trailers, Campers, Recreational Vehicles , And Motor Homes: Except as otherwise provided for in this section, with regards to parking in residential zones, watercraft, trailers, campers, recreational vehicles, and motor homes are not allowed to be parked except:

      1.   Any portion of a parked watercraft, trailer, camper, recreational vehicle, or motor home, may be parked in the rear yard and/or side yard and may extend into the front yard but shall not be closer than three feet from the edge of the sidewalk nearest the home or structure, or in the case of no sidewalk, no closer than ten feet (10') from the front property line. In no case shall any portion of a parked vehicle, watercraft, camper, trailer or motor home extend onto a sidewalk or past the property line.

      2.   All watercraft, trailers, campers, recreational vehicles , or motor homes shall be maintained, complete, and must be able to be operated for the purpose intended when parked.

      3.   Irrespective of where it is parked on the property, a travel trailer, camper, recreational vehicle, or motor home may be occupied by a guest or guests of the resident for no more than twenty one (21) calendar days per year, provided it meets all setback requirements.

      4.   The parking areas where watercraft, trailers, campers, recreational vehicles , or motor homes shall encompass the entire width and length of said watercraft, trailer, camper, recreational vehicle, or motor home and the parking surface shall be constructed of asphalt, concrete, grasscrete, a minimum three-fourth inch (¾") or larger gravel mix, pavers, permeable asphalt or concrete, rock, stone, turf block, or any combination of the aforementioned materials. Gravel, gravel mix, crushed rock and stone shall have a minimum depth of at least four inches (4").

 

(2001 Code § 89-6-116; amd. 2009 Code; Ord. 25-37, 8-26-2025)

No person shall store, leave or accumulate junk, garbage, trash, debris, or inoperable, abandoned or unused equipment, appliances, furniture or other tangible personal property in any yard , open space or other land , except as specifically authorized by and in compliance with the provisions of this title. (2001 Code §89-6-117; amd. 2009 Code)

Swimming pools of permanent construction, including aboveground pools having depths of three feet (3') or more, which are not enclosed within a building , shall be set back at least five feet (5') from all property lines to the water line, and shall be completely surrounded by a fence or wall having a height of at least six feet (6'). The fence shall have no openings larger than thirty six (36) square inches, except for gates that shall be equipped with self- closing and self-latching devices. (2001 Code §89-6-118; amd. 2009 Code)

Outdoor displays of inventory, such as automobiles, tires, nursery stock, lumber and other merchandise customarily displayed or stored in the outdoors are permitted, subject to compliance with standard buildingsetback requirements of the respective zones and all other applicable ordinances and standards. (2009 Code)

   A.   Review:

      1.   A conditional use permit is required for a gated community , as identified in zoning district landuse charts.

      2.   A proposed gated community shall be reviewed during the subdivision and site plan review process. In the case of a gated community conversion , amended subdivision and/or amended site plan approval is required.

   B.   Private Streets:

      1.   Gated communities shall contain private streets and be gated at all access points.

      2.   All utilities, except for water, located within a gated community shall be privately owned and maintained by a homeowners' association. When a public road is to be vacated to become a private street , all city utilities, except for water, within the confines of such road shall also be vacated and come under private ownership and management. Vacated utilities shall not service other public customers outside the gated community boundary.

      3.   Private utilities shall be in conformance with the citysubdivision ordinance and the engineering standards, specifications and design manual.

      4.   Private streets shall conform to street design standards, as found in the citysubdivision ordinance and the city road and bridge standards. In the case of a gated community within the PRDzone , the planning commission may approve an alternate design as part of the final development plan , as outlined in subsection 13-5C-8D of this title.

      5.   Private streets within gated communities shall contain pedestrian sidewalks on both sides of the street . In the case of a gated community within the PRDzone , the planning commission may approve an alternate design as part of the final development plan , as outlined in subsection 13-5C-8D of this title.

      6.   A street and utility maintenance plan shall be provided by the developer or homeowners' association for staff review at the time of final development plan application. This street and utility maintenance plan shall include, but not be limited to, general road maintenance, solid waste and green waste collection, snow removal, sign maintenance, utility maintenance and streetlight maintenance.

   C.   Access Standards:

      1.   Notwithstanding subsection 14-5-5B of this code , if approved by the planning commission, a gated community may have a single point of ingress and egress, or may have two (2) ingress and egress points, with the second access point designated as an exit only and/or emergency access only. Otherwise, a gated community must have a minimum of two (2) functioning points of ingress and egress as required by subsection 14-5-5B of this code .

      2.   The planning commission shall make the following findings when approving one ingress and egress point for a gated community . The city engineer may require a traffic impact study be submitted with any application for less than the two (2) required fully functioning access points:

         a.   The development can be adequately served by emergency and safety personnel with only one or more ingress and egress points.

         b.   Having only one access point would not cause discontinuity in the existing or proposed public street system (i.e., street layout), including pedestrian traffic.

         c.   Having only one access point would not distribute an unacceptable amount of traffic through an existing or future neighborhood than would otherwise result if another ingress and egress point were provided.

      3.   Pedestrian access separate from the vehicular movement area shall be provided. In the case where a gated community obtains approval from the planning commission to have only one access point as outlined in subsection C1 of this section, and the community does not have a paved pedestrian connection to another subdivision or to public facilities like trails, parks and libraries, the pedestrian access point may be gated.

   D.   Turnaround Standards:

      1.   All dead end streets resulting from a gated communitydevelopment or conversion greater than one hundred fifty feet (150') in length shall contain a turnaround in conformance with subsection 14-5-5F of this code , and with the city public improvement standards, specifications and plans manual. Such streets shall also be signed as dead end streets on all approaches from other streets, with the cost of such new signage borne by the applicant.

      2.   The city engineer and fire marshal may approve an alternate design for turnarounds if the design allows for the proper turn radius or back out maneuvering space for emergency and public services vehicles .

   E.   Gate Standards:

      1.   One-way access gates shall contain a minimum of twenty feet (20') in width and two-way access gates shall contain a minimum of twenty four feet (24') in width. A clear width of twelve feet (12') must be maintained between any islands to be constructed for a card reader, keypad, guard house, landscape feature, etc. City standards for gate access areas can be found in the West Jordan road and bridge standards, appendix A.

      2.   A turnaround or turnout shall be provided in front of the gate in cases where a vehicle is denied entry. City standards for such turnouts can be found in the West Jordan road and bridge standards, appendix A.

      3.   Queuing distances from the public rights of way shall be determined by the number of dwelling units in the development , as found in the West Jordan road and bridge standards, appendix A.

      4.   Vehicular and pedestrian access gates shall be approved by the city and contain a fail-open device to open the gates during power failures and be equipped for emergency access. All emergency access systems must be approved by the fire and police departments.

      5.   Vehicular access gates must automatically open for vehicles exiting a gated community .

   F.   Conversion To Gated Community : An existing platted residential subdivision that wants to become a gated community must receive preconstruction approval from the planning commission and must meet all gated community standards as outlined in this section. If the development has existing public streets and public utilities, the city council must approve a street and utility vacation prior to the development receiving amended subdivision and/or amended site plan approval. The city engineer may require a traffic impact study with any application for a gated community conversion . The planning commission shall make the same findings for a proposed gated community as for a newly proposed gated community.

   G.   Gated Community And Gated Community Conversion Criteria: Prior to approving any application for a gated community or gated community conversion, the planning commission shall make positive findings on the following criteria:

      1.   The use of gated private streets would not cause discontinuity in the existing or proposed public street system (i.e., street layout), including pedestrian traffic.

      2.   The use of gated private streets cannot limit or prevent public street access to other properties.

      3.   The use of gated private streets would not distribute an unacceptable amount of traffic through an existing or future neighborhood than would otherwise result if public streets were used.

      4.   Gated private streets shall not impair access to or from public facilities , including schools, parks and libraries.

      5.   The police and fire departments have determined adequate emergency services can be provided to the proposed gated community as necessary to protect the public health and safety.

      6.   Utilities proposed for vacation do not service public customers outside the proposed gated community boundary, nor will vacation be detrimental to the city utility system as a whole.

   H.   Maintenance Plan: In the case of a street and utility vacation, a street and utility maintenance plan and homeowners' association creation documentation must be provided by the developer or homeowners' association and approved by the planning commission. This street and utility maintenance plan shall include, but not be limited to, general road maintenance, solid waste and green waste collection, snow removal, sign maintenance, utility maintenance and streetlight maintenance. (2001 Code §89-6-120; amd. Ord. 13-17, 4-24-2013)

   A.   General Requirements For All Special Residential Facilities :

      1.   Purpose Statement: The purpose of this section is to permit the establishment of adult daycare , group homes (large), transitional homes and residential substance abuse treatment homes for "persons with disabilities " as defined in section 13-2-3 of this title, subject to state and local licensing procedures and conditional use standards.

      2.   See Table Of Uses: The table of permitted and conditional uses for each zoning district specifies where special residential facilities are allowed.

      3.   License Required: No special residential facility shall be established, operated or maintained within the city without a valid license issued by the Utah statedivision of licensing, department of human services, and without a valid business license issued by the city's business license authority.

      4.   Location: No special residential facility shall be located within a three hundred foot (300') radius of another special residential facility, measured property line to nearest property line in a direct line of travel. Adult daycare facilities in nonresidential zoning districts (excluding mixed use zones) are exempt from this spacing requirement; and

      5.   Notification: Prior to building or opening any special residential facility, the owner or developer shall notify the owners of every property located within a radius of at least three hundred feet (300') (as part of the conditional use notification) of the proposed location in writing concerning the planned operations, opening of the facility and the schedule therefor. Delivery to the city of an affidavit proving such notice was given is a condition to the issuance of any conditional use, building or occupancy permit and the issuance of any business license. (Ord. 12-01, 2-22-2012; Ord. 12-14, 6-13-2012; Ord. 16-06, 1-13-2016)

   A.   Conditions Of Development Approval Regarding Graffiti: In approving site plans, conditional use permits, variances, or other similar landuse entitlements, the city shall impose all of the following conditions:

      1.   Supply City With Matching Color Formulae: Developer shall supply the city engineer with the matching color formulae for every color of fence or wall installed facing outward onto collector and arterial streets; and

      2.   Developer To Remove Graffiti: Developer shall remove or cover over graffiti on all construction sites within forty eight (48) hours after learning of the presence of graffiti; provided, however, that a developer may contact the city code enforcement director and request an extension of time to effect removal if it is not possible to effect removal in the initial time period.

   B.   Design Of Potential Graffiti Attracting Surfaces: Any applicant for design review approval, site plan approval, conditional use permit , development agreement, or other form of development or building permit shall design any building structures visible from any public place in such a manner to consider prevention of graffiti, including, but not limited to, the following:

      1.   Use of a protective coating to provide for the effective and expeditious removal of graffiti;

      2.   Use of additional lighting;

      3.   Use of nonsolid fencing;

      4.   Use of landscape foliage to cover large expansive walls such as ivy or similar clinging vegetation; or

      5.   Use of architectural design to break up long, continuous walls or solid areas. (Ord. 13-13, 8-27-2013)

   A.   Purpose: The purpose of this section is to allow renewable energy systems such as wind and solar within the city while protecting residential areas and other land uses from potential adverse impacts of these systems.

   B.   Submittal Requirements For All Wind And Solar Energy Systems:

      1.   Review Criteria: When a conditional use permit is required, the zoning administrator or planning commission shall consider the following criteria in determining whether to approve a conditional use permit for any wind and/or solar energy system:

         a.   Proximity of the system to residential structures and residential district boundaries;

         b.   Possible negative impacts on surrounding properties, including, but not limited to, noise, shadow flicker , low frequency vibrations and the disruption of scenic views or other visual impacts;

         c.   Aesthetics of the system, including, but not limited to, height, wind vanes, color, type, size and the visibility of the system.

      2.   Utility Notification: All applicants shall submit evidence to the city that the relevant electric utility company has been informed of the customer's intent to install an interconnected customer owned wind and/or solar energy system. Off grid systems shall be exempt from this requirement.

      3.   Cables: Any cable connected to the wind and/or solar energy system must be undergrounded except for properties which obtain electric power service from aboveground lines and who are not otherwise required to underground.

   C.   Wind Energy Systems:

      1.   Design Standard For All Wind Energy Systems:

         a.   Sound: Sound produced by the turbine under normal operating conditions shall meet all applicable noise regulations from the Salt Lake Valley health department , except during naturally occurring short term events like severe storms.

         b.   Shadow Flicker : The tower shall be located so as to reduce the occurrence of shadow flicker on inhabited structures located on adjacent properties.

         c.   Wildlife And Habitat Impacts:

            (1)   Due to potential wildlife conflicts, any wind energy system proposed to be located west of the Bonneville Shoreline Trail, as depicted on the West Jordan landuse map or east of the North Jordan Canal shall consult with the Utah division of wildlife resources. Proof of such consultation shall be submitted to the city and shall be a requirement of conditional use permit application or building permit application if a conditional use permit is not required. The planning commission or zoning administrator may require any recommended modifications proposed by the Utah division of wildlife resources during permit review.

            (2)   Clearing of natural vegetation shall be limited to that which is necessary for the safe construction, operation, and maintenance of the wind energy system. Any land that has been disturbed and is not necessary for the functioning of the system shall be reclaimed with natural vegetation within sixty (60) days of the system becoming operational.

         d.   Signage: Signage is prohibited on the tower , blades, or accessory structures except for appropriate warning signs . Manufacturer identification may be placed on the turbine; however, advertising signs of any kind are prohibited.

         e.   Lighting: No illumination of the turbine or tower shall be allowed unless required by the federal aviation administration. When lighting is required, it shall be done in such a way as to reduce the effects on birds.

         f.   Signal Interference: The owner or operator shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television, internet or similar wireless signals, and shall mitigate any harm caused by the wind energy system. Such owners may be subject to a notice of violation and administrative penalties if violation occurs.

         g.   Accessory Buildings And Support Equipment: Buildings and support equipment associated with the tower shall be defined as accessory structures and must comply with section 13-8-3 of this chapter.

      2.   Small Wind Energy Systems:

         a.   Tower Height:

            (1)   Commercial , office , manufacturing and public facility zones: The maximum tower height for small wind energy systems, including the blade, shall not exceed forty feet (40') measuring from the adjacent finished grade to the tip of the blades at their highest point.

         b.   Blade Height: The minimum height of the lowest point of a turbine blade shall be fifteen feet (15') above the ground.

         c.   Setback :

            (1)   The base of the tower shall be set back from all property lines, public rights of way, and aboveground public utility lines a distance equal to the tower height plus the length of one blade.

            (2)   The base of the tower shall not be located within any required front, side, or corner side yard area.

            (3)   The base of the tower and turbine blades shall be set back from all structures on the same property a minimum of ten feet (10').

         d.   Access:

            (1)   Freestanding Tower : No climbing apparatus including foot pegs or rungs shall be within twenty feet (20') of the ground on a freestanding tower.

            (2)   Lattice Tower : The towers shall be wrapped by a protective cover, including sheets of metal, wood or similar barrier on the bottom twenty feet (20') of the lattice tower so that it cannot readily be climbed.

      3.   Rooftop Mounted Wind Energy Systems:

         a.   Height: The proposed system is restricted to the same maximum height requirements as found in the applicable zoning district, or up to eight feet (8') above the roofline of the structure on which it is located, whichever is less.

         b.   Setback : The proposed rooftop mounted wind energy system must be set back from all property lines at a distance equal to the total height of the system, including blades and tower .

         c.   R-1 Zones: In R-1 zones only one rooftop mounted wind energy system is allowed as an accessory use per parcel and must meet all the requirements as an accessory use.

      4.   Micromodel Wind Energy Systems:

         a.   Height: The proposed system is restricted to the same maximum height requirements as the structure on which the micromodel system is installed or up to eight feet (8') above the highest point of the structure on which is it located, whichever is less.

         b.   Setback : The proposed micromodel wind energy system must be set back from all property lines at a distance equal to the total height of the structure and system, including blades and tower .

         c.   R-1 Zones: In R-1 zones only one roof mountedmicromodel wind energy system is allowed as an accessory use per parcel and must meet all the requirements as an accessory use.

   D.   Solar Energy System:

      1.   Design Standards For All Solar Energy Systems:

         a.   Reflection: Steps shall be taken to minimize the amount of reflected sunlight onto neighboring structures and rights of way in order to reduce safety hazards. This includes, but is not limited to, altering system angles and locations, utilizing antireflective coatings, etc.

         b.   Screening: All ground mounted solar energy systems shall screen utility and mechanical equipment as required in subsection 13-14-3C of this title.

      2.   Building Mounted Solar Energy System :

         a.   Setback : Building mounted solar energy systems shall meet the same setbacks as are required for the building the system is mounted to, but are not allowed to extend beyond the surface to which they are attached.

         b.   Height: Building mounted solar energy systems are allowed to extend to the peak of any existing roof, regardless of height, subject to the restrictions of subsection D2b(1) of this section.

            (1)   Building mounted solar energy systems that are not visible from the public right of way may be bracket mounted or tilted on a roof to a maximum of not more than seven feet (7') above the surface of the roof at the highest finished pitch of the system but shall maintain one side of the array within twelve inches (12") of the roof surface. Roof mount systems that are visible from the street frontage right-of-way shall not have a highest finished pitch more than five percent (5%) steeper than the roof pitch on which the system is mounted, and shall be mounted no higher than twelve inches (12") above the roof.

      3.   Ground Mounted Solar Energy System :

         a.   Setback : Setbacks for ground mounted solar energy systems shall be the same as accessory structures found in subsection 13-8-3C of this chapter and are prohibited within the front yard area.

         b.   Height: The maximum height allowed for ground mounted solar energy systems is twenty feet (20') measured from the surrounding natural grade to the highest point of the system.

      4.   Solar Easement : Solar easements are not a requirement for City approval; nonetheless, a property owner who has installed or intends to install a solar energy system may negotiate a solar easement with adjacent property owners to ensure perpetual sun on the property. Any easement agreed upon must be recorded by the County Recorder, with a copy provided to the City.

   E.   General Provisions:

      1.   Abandonment:

         a.   An inoperable system must be dismantled and removed promptly. If a system is not operated for twenty four (24) consecutive months it will be presumed that the system is inoperable.

         b.   The owner is responsible for reclaiming the land using natural vegetation and to the greatest extent possible the land shall be fully restored within sixty (60) days of the removal and decommissioning of the system.

      2.   Small Decorative Systems: Small systems less than three feet (3') in diameter or width that use direct current solely for decorative or yard lighting are exempt from permit requirements and restrictions of this section.

      3.   Prohibited: This section does not permit large scale projects which include multiple wind and/or solar energy systems designed to produce energy for wholesale purposes. (Ord. 14-09, 5-14-2014)

   A.   Purpose: The comprehensive general plan supports a housing ratio of eighty three percent (83%) single-family residential to seventeen percent (17%) multi-family residential ("the General Plan ratio"). Notwithstanding the general plan, the city establishes a ratio of seventy seven percent (77%) single-family residential to twenty three percent (23%) multi-family residential for the purpose of this section.

   The City of West Jordan has adopted a balanced housing procedure to ensure the orderly growth of the city and foster a housing mix that is consistent with the general plan .

   B.    Exemptions: The following types of two-family and multi-family housing are not subject to the balanced housing procedure or to the timing requirements of this section:

      1.   Residential housing developments in compliance with the general plan that are:

         a.   Multi-family housing (two or more housing units) in a Transit Station Overlay District (TSOD).

         b.   Senior housing for age 55 and older.

         c.   Multi-family housing for disabled persons.

         d.   Low and moderate income housing owned by a nonprofit or a local housing authority.

         e.   Multi-family housing (two or more housing units) and single family attached housing (townhomes) within the Corridor Zone (CZ).

         f.   Multi-family housing as part of a master planned community that meet the following provisions:

            (1)   Master plan shall be a minimum of 75 undeveloped acres and be zoned PC or PRD .

            (2)   Two-family and multi-family housing not exempt by the provisions listed in subsections B1a through B1d of this section, shall comprise no greater than 17% of the total number of dwelling units in the approved master development plan .

            (3)   Two-family and multi-family housing units not exempt by the provisions listed in subsections B1a through B1d of this section, shall be individually owned as either condominiums or townhomes.

         g.   Twin homes on a vacant parcel(s) or lot (s) in an existing R-2 Zone , if all the following criteria are met:

            (1)   The R-2 zoning has continuously existed since October 22, 2014; and

            (2)   The parcel(s) or lot (s) has/have been continuously "vacant" (no dwelling unit (s) constructed thereon) since October 22, 2014.

         h.   Multi-family housing (two or more units) in an Interchange Overlay Zone (IOZ).

         i.   Multi-family housing (two or more units) in a Residential Overlay District (ROD).

         j.   Multi-family housing (two or more units) in an Integrated Housing-Limited Density (IH-L) or Integrated Housing Development (IH-D) Zone .

         k.   Twin homes on parcel(s) or lot (s) in an existing R-3 Zone , if the following criterion is met:

            (1)   The R-3 zoning has continuously existed since October 22, 2014.

   C.   Selection Process: Each year on January 15, the city shall publicly announce the number of multi-family housing units that are available to be constructed based on the ratio set out in subsection A of this section. The available cap will be determined each year based on the following mathematical calculation:

      A minus B = the available number of units under the cap.

      A equals 29.87 percent of the total single-family residential units that have received a building permit as of December 31 of the immediately preceding year.

      B equals the total number of multi-family residential units (including housing exempted by subsection B of this section) which have been constructed or are under construction. For purposes of this section, "under construction" means utilities such as sewer lines and storm drains are being installed.

      If there is an available number of units ("cap") announced, interested applicants are invited to submit a proposed multi-familylanduse application to the development services department during the next thirty (30) calendar days using all or a part of the available cap. The planning commission, upon recommendation of staff, shall judge the submitted proposed applications based on the criteria contained in subsection D of this section and shall announce the successful proposal(s) that, alone or together, will consume the available cap (each a successful proposer) for the succeeding twelve (12) calendar months.

      The city shall promptly notify the successful proposer(s) and the nonsuccessful proposers of the decision within forty five (45) calendar days of January 15.

      A successful proposer is required to promptly submit a complete application package within sixty (60) calendar days of January 15, and to diligently move the application process along to completion in response to staff comments and requests. The intent with any successful proposer is that the project is constructed or "under construction", as defined above, within twelve (12) calendar months following January 15.

   D.   Application for Multi-FamilyDevelopment Evaluation: Each application for competitive evaluation of a multi-family development ("project") shall be given a point rating pursuant to this section.

   E.   General Plan Compliance: Each application shall comply with the City of West Jordan general plan as a prerequisite for the point rating evaluation.

   F.   Evaluation Criteria: The city shall calculate the total number of points for the project based on the criteria in this section and provide a written analysis justifying the expected number of points achieved. City staff will forward all applications together with the total number of points achieved for each project to the planning commission, together with a staff recommendation, for a final decision. The planning commission shall determine the successful proposer in the event of a tie through a flip of a coin in an open hearing.

 

(Ord. 14-31, 10-22-2014; Ord. 14-34, 11-5-2014; Ord. 15-15, 6-24-2015; Ord. 16-15, 5-11-2016; Ord. 18-07, 2-28-2018; Ord. 19-50, 12-11-2019, Effective at 12 noon on January 6, 2020; Ord. 19-33, 11-19-2019; Ord. 21-41, 12-15-2021; Ord. 22-37, 8-10-2022; Ord. 25-10, 3-11-2025; Ord. 25-21, 5-13-2025)