West Valley City City Zoning Code
7-5 Zoning
7-5-101. ZONING AMENDMENTS.
(1) The City Council may, from time to time, on its own motion or pursuant to an application, amend the number, shape, boundaries or area of any Zoning district, or any regulation of or within any Zoning district or any other provisions of the Zoning Ordinances. Any such proposed amendment shall first be submitted to the Planning Commission for a recommendation.
(2) Zoning amendments approved, receiving a recommendation other than denial by the Planning Commission, or appealed by the Applicant shall be considered by the City Council as provided in this Section. Before finally adopting any amendment recommended or approved by the Planning Commission, the City Council shall hold a public hearing.
(3) Except as provided in subsections (5) and (6) of this section, property within City limits may only be amended or rezoned to the following zones: A, A-1, A-2, RE, RS, C-1, C-2, C-3, BRP, MXD, CC, LI, SH, and M.
(4) Property within City limits may only be amended or rezoned to the RM zone if all of the following conditions are met:
a. For properties without existing Structures which are proposed to be developed, the property must be a minimum of one acre and the Density must not exceed 12 units per acre. For properties with existing Structures proposed to be redeveloped, the property must be a minimum of 20,000 square feet and the Density must not exceed 20 units per acre. For properties that are west of Redwood Road and within one-half mile of the West Valley Central light rail station, the Decker Lake light rail station or the Redwood Junction light rail station, the Density may exceed 20 units per acre;
b. The property shall meet any one of the following four requirements: (i) have access and Frontage on a Street with a planned Right-of-way width of at least 80 feet (for properties under two acres) or 100 feet (for properties two acres or larger) as indicated on the Major Street Plan; (ii) be adjacent to existing multifamily residential development on two sides; or (iii) be located west of Redwood Road and within one-half mile of the West Valley Central light rail station, the Decker Lake light rail station, or the Redwood Junction light rail station; or (iv) if the property is vacant, was vacant as of January 19, 2021, will be an exempt housing development under 24 CFR 100.304 or successor regulation with a density no greater than seven units per acre, and have access and Frontage on a Street with a planned Right-of-way width of at least 80 feet;
c. A Development Agreement must be proposed with the zone change application that addresses Dwelling Unit sizes, exterior materials, architecture, Landscaping, and project Amenities; and
d. A traffic impact study prepared by a registered traffic engineer is required for projects with 100 or more Dwelling Units.
(5) Property within City limits may be amended or rezoned to the R-1-7, R-1-8, R-1-10, or R-1-12 zones under either of the following two circumstances:
a. The property is less than two acres in area as of July 22, 2016. Properties under two acres created or subdivided after July 22, 2016, shall not be eligible to apply for the R-1-7, R-1-8, R-1-10, or R-1-12 zones.
b. The property is developed as residential with a density of at least two Dwelling Units per acre, the property has access and Frontage on a Street with a planned Right-of-way width of at least 66 feet as indicated on the Major Street Plan, and the property does not have the off-site improvements of curb, gutter, and sidewalk along the Street Frontage.
(6) If the City Council denies an application to change the Zoning of a property, no application to change the Zoning of that property to the same zone as proposed in the denied application shall be submitted until at least one year has passed unless the Planning Commission finds that circumstances have changed in such a manner as to merit consideration of a new application.
7-5-102. TEMPORARY REGULATIONS.
(1) The City Council may, without prior consideration or recommendation from the Planning Commission, enact ordinances establishing temporary Zoning regulations for any part or all of the City if the City Council makes a finding of compelling, countervailing public interest or if the area is unregulated.
a. A temporary Zoning regulation under this subsection (1) may prohibit or regulate the erection, construction, reconstruction, or Alteration of any Building or Structure or Subdivision approval.
b. A temporary Zoning regulation under this subsection (1) shall not impose an impact fee or other financial requirement on building or Development.
c. The City Council shall establish a period of limited effect for temporary Zoning regulations under this subsection (1), not to exceed six months.
(2) The City Council may, without a public hearing, enact an ordinance establishing a temporary Zoning regulation prohibiting construction, Subdivision approval, and other Development activities within an area that is the subject of an Environmental Impact Statement or a Major Investment Study examining the area as a proposed highway or transportation corridor. A Zoning regulation under this subsection (2):
a. May not exceed six months in duration;
b. May be renewed, if requested by the Utah Transportation Commission, for up to two additional six month periods by ordinance enacted before the expiration of the Zoning regulation; and
c. Notwithstanding subsections (2)(a) and (2)(b) above, is effective only as long as the Environmental Impact Statement or Major Investment Study is in progress.
7-5-103. ANNEXATION.
(1) The City Council shall assign a Zoning designation to territory annexed to the City at the time the territory is annexed.
(2) If the City Council does not assign a zone to territory at the time it is annexed, the territory annexed to the City shall be zoned according to the zone of the City with which it has the longest common boundary.