HomeMy WebLinkAbout053 of 1992 - AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 21.40 OF THE SALT LAKE CITY CODE DEALING WITH THE0 92-1
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SALT LAKE CITY ORDINANCE
No. 53 of 1992
(Offices as conditional uses in the "R-7"
Residential Zoning District pursuant
to Petition #400-819-90)
AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 21.40 OF
THE SALT LAKE CITY CODE DEALING WITH THE "R-7" RESIDENTIAL ZONING
DISTRICT AND ENACTING OTHER SECTIONS RELATING TO OFFICES AS A
CONDITIONAL USE WITHIN THE DISTRICT PURSUANT TO PETITION #400-
819-90.
WHEREAS, the City Council of Salt Lake City, Utah, has held
public hearings before its own body and before the Planning
Commission; and
WHEREAS, the City Council believes it appropriate in the
"R-7" Residential Zoning District to allow offices only as a
conditional use and subject to the maintenance or construction of
housing sufficient to maintain the mixed -use characteristic of
the district.
Now, therefore, it is hereby ordained by the City Council of
Salt Lake City, Utah:
SECTION 1. That Section 21.40.020 be, and the same hereby
is, amended to read as follows:
21.40.020 Permitted uses.
In all R-7 residential 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 any use permitted in an R-6 residential district,
specified in Section 21.38.010, or its successor and as regulated
therein except for conditional uses as provided below.
SECTION 2. That Section 21.40.050 is hereby amended to
read as follows:
21.40.050 Conditional uses.
A. In an R-7 residential district, the Planning Commission
may permit as a conditional use any conditional use permitted in
an R-6 residential district, subject to the same restrictions
applicable thereto, including the dispersal requirements in
subsection Cl of Section 21.38.060, or its successor.
B. The following additional uses may be allowed by the
Planning Commission as a conditional use in an R-7 district if
the Planning Commission finds that the use is in keeping with the
character of the neighborhood, and is desirable and providing
adequate provisions for the people residing in the community,
subject to general criteria established in subsection C of this
section:
1. Offices, banks or other financial institutions and
offices related uses, including concessions and services within
the building outlined in subsection E of Section 21.36.010, or
its successor ("Conditional office uses") subject to the
provisions of Section 21.40.060-.110.
2. Parking lots, as an adjunct to a permitted use which is
intended to provide additional parking supplementing parking
otherwise required by this title, and provided such parking lot
meets all requirements as outlined in Section 21.78.070 and
Chapter 21.86, or successor sections;
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3. Institutions for philanthropic and eleemosynary uses;
4. Medical clinics, medical office buildings, outpatient
emergency care centers, and outpatient surgical centers. The
hours of general operation of such uses are restricted to seven
a.m. to eight p.m. Adequate provisions for emergency vehicle
approach, parking for patients and staff and unobtrusive signage
shall be provided to the Commission's satisfaction.
C. Planning Commission Approval
Criteria.
Further, no conditional use set out above in this section
shall be approved by the Planning Commission unless after public
hearing the Commission finds:
1. The use will be in keeping with the character of the
neighborhood, and that he use will not adversely affect the
neighborhood's desirability or stability. A project may be
denied as having an adverse impact solely on that basis where (a)
the project involves demolition of existing residential
structures where the demolition is unacceptable because it
destroys housing stock; and/or (b) the scale of demolition will
result in an adverse effect on the residential character of the
area. A project may also be denied if the scale is incompatible
and will detract from the existing character of the area. In
lieu of demolition, the Commission may impose limits relating to
demolition or scale;
2. The street system providing access to the property will
not be adversely affected by the proposed use, or that adequate
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provisions can be made to correct adverse traffic impacts and
parking demands before the use is established;
3. 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.
SECTION 3. That Sections 21.40.060 - 21.40.0 0 are enacted
to read as follows:
21.40.060 Conditional office use limitations.
Construction of new structures for conditional office uses
allowed within an R-7 Residential Zoning District pursuant to
Section 21.40.050.B.1. is permitted only on land vacant as of the
effective date of this ordinance or as a replacement structure
for an existing non-residential structure. Construction of new
conditional office uses is prohibited if such construction would
require the demolition of a structure used for residential
purposes as of the effective date of this ordinance.
21.40.070 Conversion of historic buildings.
Structures recognized as significant on the Salt Lake City
Architectural/Historical survey or listed on the City Historical
Register may be converted to office use pursuant to the
provisions of Sections 21.20.070 - .110 except that the approval
consideration provided in those sections shall be made before the
Planning Commission instead of the Board of Adjustment and that
any appeal therefrom shall run to the City Council as provided in
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Section 21.40.110 below.
21.40.080 Expansion of existing office use.
Minor expansions that do not increase the number of
employees using the structure, parking requirements or the
intensity of the structures use are permitted. Any non -minor
addition may be allowed only subject to the provision of Section
21.40.100 below.
21.40.090 Reconstruction of deteriorated or damaged buildings.
Any structure used as of the effective date of this
ordinance for what has been rendered by this ordinance non-
conforming as a conditional office use and which has been allowed
to deteriorate or which has been damaged by fire, explosion, act
of God or an act of a public enemy shall not be repaired or
rebuilt and the conditional use of such structure which existed
at the time of such damage or destruction shall not be continued
or resumed if the restoration cost exceeds 50% of the most recent
full market value as indicated on the County Tax Assessment Rolls
of the building or structure without compliance of the new
construction with the mixed -use requirements specified in Section
21.40.100 below.
21.40.100 Mixed -use ratio.
New conditional office use structures shall be built
contemporaneously with the construction of residential use
structures in a ratio as specified in the adopted master plan for
the area. In the event that the adopted master plan does not
specify any mixed -use ratio then no residential construction is
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required. The required residential use shall be constructed on
the same parcel of property or on contiguous parcels.
21.40.110 Appeals to the City Council.
Any person aggrieved by any by any decision of the Planning
Commission concerning this Chapter may appeal that decision to
the City Council provided that such a petition for appeal is
presented to the Council within 30 days after the filing of the
Planning Commissions final decision. If the Redevelopment Agency
of Salt Lake City is a party to the decision, the appeal shall be
heard by the Board of Adjustment.
SECTION 4. This ordinance shall take effect on the date of
its first publication.
Passed by the City Council of Salt Lake City, Utah, this
7 day of July , 1992 •
()ce..4.
Chairperson 1�
ATTEST:
CIT R• �'`'tER
Transmittedto the Mayor on July 14, 1992
Mayor's Action:
Bill. 53 of 1992
Published: August 7, 1992
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