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HomeMy WebLinkAbout30 of 1981 - Amending Section 51-18-7 relating to conditional uses in the residential 'R-6' District; amending Ch • SALT LAKE CITY ORDINANCE No. 30 of 1981 (Residential "R-7" Districts) AN ORDINANCE AMENDING SECTIONS 51-18-7 OF THE REVISED ORDINANCES OF SALT LAKE CITY, UTAH, RELATING TO CONDITIONAL USES IN THE RESIDENTIAL "R-6" DISTRICT; AMENDING CHAPTER 19 OF TITLE 51 OF SAID ORDINANCES RELATING TO RESIDENTIAL "R-7" DISTRICTS; AND AMENDING CHAPTER 2 OF TITLE 51 RELATING TO DEFINITIONS BY ADDING SECTIONS 51-2-25.5 (ELEEMOSYNARY OR PHELANTROPIC INSTITUTIONS), 51-2-33 (GROUP HOMES), 51-2-34.7 (HOSPITAL), 51-2- 34.7 (INSTITUTIONS FOR DEVELOPMENTALLY DISABLED); 51-2-34.8 (INTERMEDIATE CALL FACILITY), 51-2-37.5 (MEDICAL CLINIC), 51-2- 29.4 (NURSING HOME), AND 51-2-42 (SANITARIUM); AND RENUMBERING 51-2-33 (GRADE) TO 51-2-32.5. WHEREAS, the City Council of Salt Lake City, Utah, after reviewing the existing language of the Residential "R-6" and Residential "R-7" Districts finds that some of the language and terms used therein are obsolete; and WHEREAS, the City Council of Salt Lake City has not been satisfied with the provisions and regulations governing and guiding development within the Residential "R-7" District; and WHEREAS, the Planning Commission and Planning Department of Salt Lake City have reviewed the proposals and submitted recommendations to the City Council for proposals that would resolve the weaknesses of the "R-6" and "R-7" classifications; and WHEREAS, the City Council of Salt Lake City finds that the proposal will help clarify and streamline the appropriate uses and development guidelines applicable to said district. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 51-18-7 of the Revised Ordinances of Salt Lake City, Utah, relating to conditional uses in the Residential "R-6" District, be, and the same hereby is amended to Ttii read as follows: Section 51-18-7. Conditional Uses. (1) In a Residential "R-6" District, the Board of Adjustment may permit as a conditional use, any conditional use permitted in a Residential "R-5" District, subject to the same restrictions applicable therein. (2) The following may be allowed by the Board of Adjustment as conditional uses in a Residential "R-6" District provided that a determination is made by the Planning Commission that such a use is in keeping with the character of the neighborhood and is necessary for providing adequate services to people residing in the community, to-wit: (a) Fraternal societies, except those whose chief activity conducted on the premises is a service customarily carried on as a business. (b) Nursing homes. (c) Intermediate care facility. (d) Institutions for developmentally disabled when located not less than six hundred (600) feet from any dwelling or apartment house. (e) Children's day care centers, nurseries and preschools providing care and/or education for children of pre-grammar school age. (f) Group homes for developmentally disabled as provided in section 51-6-12 or for juveniles placed for treatment or rehabilitation in a family-type living facility under the supervision of the court or a state agency voluntarily. Placement may be involuntary, in lieu of (but not a part of) confinement in a penal or custodial-type institution. Prior to placement in the home, the owner or supervising agency must certify the individual to be placed is not harmful to himself or others. The home must comply with guidelines set forth in section 51-6-12. In granting any such conditional use under (2) above, care -2- 3f) must be taken to ensure that such uses are not clustered; to this end, no more than one conditional use under (2)(a)-(f) shall be allowed within a 660 foot radius of any other such conditional use. Further, no conditional use shall be approved unless after a public hearing the Board of Adjustment finds that such use is in accord with the general purpose and intent of the comprehensive zoning ordinances of the City, that an approval of the development is in the best interest of the community, that the project will be in keeping with the character of the proposed neighborhood, and will not adversely affect the desirability or stability of the area in which it is to be located. In the event the Board approves the development, it shall have the power to impose any reasonable conditions deemed necessary to protect the neighborhood or to ensure operation of the development shall not adversely impact upon desirability or stability of the neighborhood. SECTION 2. That Chapter 19 of Title 51, relating to regulations in the Residential "R-7" District, is hereby amended to read as follows: Chapter 19 RESIDENTIAL "R-7" DISTRICT. Sections: 51-19-1. Purpose. 51-19-2. Use regulations. 51-19-3. Conditional uses. 51-19-4. Area, side yard, front yard, rear yard and height regulations. Sec. 51-19-1. Purpose. The Residential "R-7" District is established to encourage the development of mixed use activities, to provide a desirable transition of uses from one intensity of use to another, to discourage the elimination or replacement of historically significant structures and to encourage preservation of same. The Residential "R-7" District is also intended to be -3- in harmony with the Salt Lake City Master Plan and other neighborhood and community plans adopted for the areas involved in Residential "R-7" Districts. Sec. 51-19-2. Use Regulations. In all Residential "R-7" Districts no buildings or premises shall be used or maintained and no building shall be erected or altered so as to be arranged, intended or designed to be used for other than one or more of the following uses: (1) Any use permitted in a Residential "R-6" District, specified in section 51-18-1 and as regulated therein. (2) Office buildings and related parking subject to the following guidelines: (a) Office uses in existing structures located within a Historic District if the structures have been identified and inventoried as being contributory or significant to the district or are structures which are individual landmark sites. All of the requirements of chapter 32 of this title for issuance of a certificate of appropirateness for the plan must be satisfied. However, such office uses shall exclude banks, other financial institutions, and/or office related uses which have drive-up facilities. (b) Concessions and services located within buildings as outlined in section 51-17-1(5). (c) Signs as permitted under chapter 7 of this title 51. Sec. 51-19-3. Conditional uses. (1) In a Residential "R- 7" district the Board of Adjustment may permit as a conditional use any conditional use permitted in a Residential "R-6" district, subject to the same restrictions applicable thereto. (2) Offices, banks, or other financial institutions and office related uses, including concessions and services within the building outlined in section 51-17-1(5), and subject to the following: (a) That after review of the proposed use, it is -4- determined that the use will be in keeping with the character of the neighborhood. (b) That the street system providing access to the property will not be adversely affected by the proposed use, or that adequate provisions can be made to correct adverse traffic impacts before the use is established. (c) That after review of the proposed use, it is determined that separate environmental impact statements or other studies are unnecessary or that after required statements or reports are completed, it is determined that there are no physical conditions applicable to the property and uses proposed that should make such uses improper to establish. (d) That side yard, front yard and rear yard regulations are subject to the restrictions applicable in the Residential "R-6" District. (e) That height of buildings shall be a maximum of seventy-five (75) feet. (f) That there are no other mitigating circumstances in existence which should preclude approval of the conditional use. (3) Parking lots as an adjunct to a permitted use which is intended to provide additional parking over parking otherwise required by this ordinance and provided said parking lot meets all the requirements as outlined in section 51-6-5 and chapter 10 of title 51. (4) Institutions for philanthropic and eleemosynary uses. Sec. 51-19-4. Area, side yard, front yard, rear yard and height regulations. Area, side yard, front yard, rear yard and height regulations shall be the same as for a Residential "R-6" District. SECTION 3. Chapter 2 of Title 51 of the Revised Ordinances of Salt Lake City, Utah, relating to definitions applicable in zoning ordinances shall be amended by renumbering and adding the -5- following definitions: Sec. 51-2-25. Dwelling, group. * * * Sec. 51-2-25.1-4 (Reserved) Sec. 51-2-25.5. Eleemosynary or philanthropic institutions. A charitable non-profit institution providing for the diagnosis, treatment and care of persons suffering from injury or disease. * * * Sec. 51-2-32. Garage, public. * * * Sec. 51-2-32.5. Grade. * * * Sec. 51-2-33. Group homes. A family-type living facility for the training or education of the developmentally disabled or for rehabilitation or treatment of juveniles under the supervision of a state agency or state regulated and licensed operater. Placement shall be voluntary or may be involuntary in lieu of (and not a part of) confinement in a penal or custodial- type institution, and the supervisor must certify prior to placement that individuals are not harmful to themselves or others. This home must comply with guidelines set forth in section 51-6-12 and the maximum number of persons being supervised in any group home shall be limited to twelve persons, and may be less depending upon the maximum set for various use districts. Sec 51-2-34. Home occupations. * * * Sec. 51-2-34.1-4 (Reserved) Sec. 51-2-34.5 Hospital. An institution providing qualified health, medical and surgical staff and related personnel services for the diagnosis, treatment and recovery care of persons suffering from disease or injury, primarily on an in- patient basis. Short term surgical centers, or clinics providing 24 hour care, shall be considered hospitals. A hospital may include integral support service facilities such as laboratories, outpatient units, training and central services together with staff offices necessary to the operation of the hospital. -6- Sec. 51-2-34.6 (Reserved) Sec. 51-2-34.7. Institutions for Developmentally Disabled. Institutions for care, education or training of incompetent persons, who due to congenital anomaly or defect, lack sufficient mental or physical ability unassisted to take care of their person or property, or whose mental and physical abilities for reasons other than mental illness or aging have become so impaired or handicapped that they are incapable of functioning independently as normal adults. Sec. 51-2-34.8. Intermediate care facility. A facility operated by a proprietor or nonprofit entity regulated by the State and licensed by the State and City for the accommodations of persons who, because of incapacitating infirmities, require minimum but continuous care but are not in need of continuous medical or nursing services. * * * Sec. 51-2-37. Lot, interior. * * * Sec. 51-2-37.1-4 (Reserved) Sec. 51-2-37.5. Medical Clinic. A facility for the medical or similar examination and treatment of persons as outpatients by physicians or licensed medical specialists practicing medicine as a group during normal office hours. Clinics providing 24 hour emergency services within the clinic shall be considered hospitals. * * * Sec. 51-2-39. Non conforming use. * * * Sec. 51-2-39.4. Nursing home. A facility operated by a proprietor or a nonprofit entity regulated by the State and licensed by the State and City for the accommodation of convalescents or other persons who are not acutely ill and not in need of hospital care but who require skilled nursing care and related medical services, in which such nursing care and medical services are prescribed by, or are performed under the general direction of, persons licensed to provide such care or services -7- in accordance with state law. * * * Sec. 51-2-42.1. Sanitarium. A health station, retreat, or institution for the inpatient treatment and recouperation of persons suffering from physical or mental disorders providing qualified medical, professional and nursing staff. SECTION 4. This Ordinance shall take effect upon 30 days after the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this 7th day of April , 1981. Rue44,t,t4JA( CHAIRMAN ATTEST: Cf ti&;/ `/o7Ll,%/„ lccc� --e CITY RE RDER -ACTING Transmitted to the Mayor on April 7, 1981 Mayor's Action Y R ATTEST: CITY RECOI I - ACTING (SEAL) BILL 30 of 1981 Published April 22, 1981 -8- ACM-3 A Affidavit of Publication STATE OF UTAH, ss. County of Salt Lake _.._._...___.LS'LAKE.—TYORRI A Shana D. Conaty LAKE C0 allel.•NANCE Nd l"Rd"Dist• Ccft0e)) AN ORDINANCE SECTIONS 51.18.7 OF THE REVISED ORDINANCES OF SALT'LAKE CITY, UTAH, RELATING TO CONDITIONAL USES IN THE RESIDb.N- Being• "R-6"DISTINCT:AMENDING CHAPTER 19 OF TITLE. Being first duly sworn,deposes and says that he is legal 51 OF SAID ORDINq NCES RELATING TO RESIDENTIAL R-7'DISTRICTS;AND AMENDING C�rAFTER 20 TITLE advertisingclerk of the DESERET NEWS, daily 51 RELATING TO DEFINITIONS BY ADDING SECTIONS 5i- a 2-25.5(ELEEMOSYNARY OR PNELANTROPIC INSTITU- Sunday) printedEnglish • SI.314-131GROUP HOMES),51-2-36J(HOSPITAL)51 (except newspaper er P P in the E glish 2-3e.7 (INSTITUTIONS FOR DEVELOPMENTALY DIS- ABLED);51.2-34.8(INTERMEDIATE CALL FACILITY),51-2, language with general 'circulation in Utah, and 37.5(MEDICAL CLINIC),51-2-29.4(NURSING HOME).AND '51-2J2 SANITA:2IUM): AND ,BENUMBERIHG 51.2-2+ published in Salt Lake City, Salt Lake County, in the (GRADE TO 51.32.5 y/HE EAS,the City Council of had Lake City,Walk after State of Utah. RMewl the existing language of Resldeoflal"Ref"and esidential;Reel"Districts find that. some of the language and terms used:ther In are obsolete;and WHERE4 tiros at Council o sou Lek.City los not That the legal notice of which a copy is attached hereto been safifleed witft the provisions-and emulations governing and guiding development within the Residential"R-7"Dis- trlcUend. ' ng Dm pertinent ERRI5a ttL.eke City :oe reviewed and propetois and Pub notice of Ordinance #30 of 1981 ls that Would�so ve thetlweeaknnessese City Council he R-6"for H 7" ciasslfkafIOOS;and WHEREASthe Prowled!will the clarity and City Council ostrrreell amRae the appfpplr s appropriate uses and development guidelines applicable to aRid district. Salt LOW,ake THEREFORE,be It ordained by Me City Council of Ordinanc- es of SalllLLake City,I. t dick.orelatine to cond the NtoM�uses Ind/ttoo Residential"R-6"District,be,and the some hereby Is amend- ed to read es follows: Section 51.1.1-7.C0ndefle i Uses.(i)lei a Residential"R- • suse anycoanpifl i ub�Y�tted Inca Resi as dentia condi- tional - 5"District,subiacfie the same restrlctiom applicable therein. (2)The fhlbWinp play be allowed by the Board Of Adiu6t- Innent es COrdilloiai uses in a Residential"P-A"District pro- vided Met a de)efrninalion is made S tlte•Plenninu Conmis- sloe that(cot,a use Is In keeping with Use character of tan neiohbo .and•is necessary for providing adequate Mews es topeo residing In the canmunifv,town: waspublished in said newspaper on April...22,,..19$] • (a)Fraternal societies,exce➢f those whose chief activity concluded on the premises Is a service cus- umarbi Nurrrledsing op,t ae,cn.tuskless.' co Intermediate care fecllity. (dl institutions for developmentally disabled when _ located not less iksn Ix hooked(6001 feet from any �j\ . \ -- dwellinnOr apartment house. 1�d 1,�I ,` I 1 \i (e) Children's day are centers,nurseries and d.•yy 7 �� _�V ' ,�;�V« preschools providing care anor education for chit- drenfprerammer school aga. Legal Adver{y i -ng Clerk ( f1 Group homes for devot000menfelly dPlace d RS rOvlded In Section 51.6-12 or for Invention placed for treatment fa- lilt'/Under the supervisiontion s f the lcourt rliyanstate osPauv voluntarily.Placemenit may be Involuntary,in lieu of(but not a pare of)codlflemem In e venal or 29th custodial-two Ire me this day ofm, hener orsuupere cny, inertiy the Individual to Ise placed Is not harmful to himself or f)hers.The home must COMM,with ldellncs set orth inseonsla-1. gu A.D. 19 81 In granting ally such conditional use under(2) 1� above, r must be taen to enure that such uses i are tot clustered;to this end,no fliers Ihan No condi- oal use under(2)1a7-e(t)shah be allowed withid a 6611 toot radius of any oth_ such conditional use. / / g Further,to conditional use shall he approved unless alter / / J Public Marine the Board of Adlesiment lines that such use / \'//I).j,i.4 .1 �, /, ;/, as in accord with the general purpose and Intent of the corm I prehensive zoning ordinances of the City,that an approval of NOta ry'Publie theh ➢roiecot will Ile In hoven the lst s.(with the0characte of11the pro- epi7 Boned nalehba'hOW,and will not edversov atlect the deslr- Il the lavent tilebBoardsarprnuuu fin dOVClpmont.It islush 18Vu the power to impose any reasonable Conditions deemed neces- dare to protect the neighborhood or to Insure nperatlon 01 the evelopment shalt not adversely Impact Wan dutlrablitic Or stability of the n£Iohborhood. SECTION 2.That Chapter 19 at Title 51,relating to reeule- tions In the Residential"k-7"District,is hereby amended to read as follows: Chupler i9 RESIDF_NTIAL"R•7"DISTRICT. r Sections: 51-19.1,Purpose, • 51-19..Use regulations_5i-19-3.Conditional rues. 5ation,Area,side yard,front vend,rear yard and height regulations. 51 established to encoure.e the rho uniopn0ent of nftned usetactivls i- l provide 7 l ewe ty of useto another,to discourage theelimina n p elimination or rodeo). m-Ant of historically siecifleant structures and to encWrute Poenstndtto be In hernnaykwithOtile)Sal LukeisCliv Milt?' Plan and ether neighborhood and community plans edwcted td for the areas Involved In Residential"R-7"Districts. Sec.51-19.2. Use Regulations. in all Residential p"R-7" Diend no sbuildlun sh 1l be erect$es ed avaialtere ss or so as ntotMenml be arrant/Rd,l lotifeloll w r designed to be used for other then ring art(11 ore Any ua permitted In a Residential"P-6"District, specified In Section 51.10-1 and es regulated therein. IC)Office buildings and rotated parking sunset to tee Sole ' lowing uuldelices: (a)Office does In existing structures iucnled with- in a Historic District if the structures have Loren idonti. - fied and inventoried es being contributory or signifi- cant to the district or are structures whkh are individ- al landmark sites.All of the ragnlremante M chapter • • Td Of this title fur issuance 01 a certificate Of appropri- ateness for the plan must be satisfied.HnWever,such officuses shall exclude ba tionse and/or office relatednusses0ther whine n b eve driven p facilities. (b)Concessions and services located within build- Inge as eetiineO In section 51-1 d . ndo,c permitted lc)Signs as under chapter 7 of this title 51. • Sec.51-19J.Conditional uses.(11 In a Resdentlet"RJ" district the Baere of Adlusimenf may p'rmlt as a cone"dial - ---•"ui�.+.a1 or'rnrndhed Ina Residential"Re"die.