ORDINANCE NO. 2025-09
AN ORDINANCE OF THE SANTA CLARA CITY CODE, TO AMEND TITLE 17, CHAPTER 17.08, DEFINITIONS, AND SECTION 17.20.280, NON-DEPOSITORY INSTITUTIONS, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, it is important for the City of Santa Clara to update its code from time to time to remain relevant, reflective, and clear in its rules and regulation; and
WHEREAS,
City staff and legal counsel have been working on updates to Chapter 17.08, Definitions, and Chapter 17.20.280, Non-Depository Institutions are necessary to promote clarity, consistency and appropriate land use; and
WHEREAS, in a meeting on May 22, 2025, the Planning Commission reviewed and voted to recommend adoption of Chapter 17.08, Definitions, and Section 17.20.280, Non-Depository Institutions to the City Council, and
WHEREAS, in accordance with the requirements of the UCA 10-9a-302, the Planning Commission of Santa Clara City forwarded its recommendation to the City Council as of May 22, 2025, regarding necessary changes to the Zoning Code; and
NOW, THEREFORE, BE IT ORDAINED by the Santa Clara City Council, State of Utah, that the amendments indicated in Title 17, Chapter 17.08, Definitions, and Section 17.20.280, Non-Depository Institutions attached hereto as Exhibit "A" are hereby adopted and shall be incorporated into the ordinances of the City.
SECTION 1. Classification: This Ordinance amends Title 17, Chapter 17.08, Definitions, and Section 17.20.280, Non-Depository Institutions.
SECTION 2. Effective Date:
This Ordinance shall become effective immediately upon adoption, recording and posting in the manner prescribed by law.
ADOPTED and approved by a duly constituted quorum of the Santa Clara City Council this 11
th day of June 2025.
IN WITNESS THERE TO:
RICK ROSENBERG, Mayor
ATTEST:
SELENA NEZ, City Recorder
EXHIBIT “A”
TERMS DEFINED:
NON-DEPOSITORY INSTITUTION: A financial business, other than a depository institution, that is registered by the state of Utah pursuant to the Check Cashing Registration Act, the Title Lending Registration Act, or any successor statutes. Non-depository institutions include specifically:
A. Check cashing business. A person or business that for compensation engages, in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. “Check cashing business” excludes (1) a state or federally charted bank, savings association, credit union, industrial loan company or other depository institution, and (2) a retail seller engaged primarily in the business of selling goods (including consumables) to retail buyers that also cashes checks for or issues money orders to its customers, provided that such services are clearly incidental to its main purpose or business and that the fees charged for such services do not exceed 1% of the amount of the check or money order or otherwise de minimus.
B. Deferred deposit lender. A person or business that conducts transactions where a customer presents to a check casher a check written on the customer’s account or provides written or electronic authorization to a check casher to effect a debit to the customer’s account, whereupon the check casher (1) advances the customer an amount of money that is equal to the face value of the check or debit, less any fee or interest charged for the transaction, and (2) agrees to defer processing the check or debit until a specific future date.
C. Payday loan business. An establishment providing short-term loans to individuals in exchange for personal checks or assignment of wages as collateral.
D. Title loan business. An establishment providing short-term loans to individuals in exchange for the title of a motor vehicle, mobile home or motorboat as collateral.
CHAPTER 17.20.280:
Non-Depository Institutions:
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.