070 of 1987 - Enacting New Chapter 12C creating a Mixed- Use Transitional Overlay District 0 87-1
U 87-29
SALT LAKE CITY ORDINANCE
No. 70 of 1987 APPROVED FOR
(Amending Title 51 by Enacting a New
Chapter 12C Creating a"Mixed-Use PRINTING
Transitional Overlay District") RECORDER'S OFFICE
L.
AN ORDINANCE AMENDING TITLE 51 OF THE REVISED ORDINANCES
OF SALT LAKE CITY, UTAH, 1965, AS AMENDED, BY ENACTING A NEW
CHAPTER 12C CREATING A "MIXED-USE TRANSITIONAL OVERLAY
DISTRICT".
WHEREAS, certain areas of the City contain remnant residential areas in a
location otherwise designated by an adopted long-range land use policy master plan for
either commercial, industrial or mixed-uses; and
WHEREAS, to protect the quality of life of the existing residential users from
adverse effects of uncontrolled commercial or industrial intrusion as anticipated by the
long-range master plan, the City Council of Salt Lake City believes it appropriate for the
orderly development of the City that certain development restrictions be imposed on
these transitional areas; and
WHEREAS, the City Council of Salt Lake City, Utah, has held public hearings
before its own body and before the Planning Commission concerning the proposed
Mixed-Use Transitional Overlay District;
THEREFORE, the City Council of Salt Lake City, Utah, hereby adopts the
following Chapter 12C as an amendment to Title 51.
Be it ordained by the City Council of Salt Lake City,Utah:
SECTION 1. That Chapter 12C of Title 51 of the Revised Ordinances of Salt
Lake City, Utah, 1965, as amended, relating to creating a Mixed-Use Transitional
Overlay District"MU-T"' be, and the same hereby is, enacted as follows:
Sec. 51-12C-1. Purpose. The purpose of the Mixed-Use Transitional Overlay
District is to promote the health, safety, and general public welfare of Salt Lake City and
its inhabitants by providing standards and review processes for development within
selected areas of Salt Lake City designated as mixed-use transitional areas. The Mixed-
Use Transitional Overlay District provides for the orderly transition of land uses from
residential to commercial, industrial or mixed-use uses to implement an adopted long-
range neighborhood master plan.
Certain areas of Salt Lake City have land uses which are remnant residential areas
designated by adopted long-range land use policy master plans for a transition of land use
form primarily residential uses to mixed-use, commercial or industrial uses. The mixed-
use designation is based primarily on the neighborhood's existing land uses, location,
size, adjacent land uses, transportation elements, or other factors. The transition of land
uses will take years to complete and, during the transition period, the Mixed-Use
Transitional Overlay District will protect the quality of life of the existing residential
users from adverse effects of uncontrolled commercial or industrial intrusion.
Sec. 51-12C-2. Use Regulations.
(a) Permitted Uses: The only uses permitted by right within the area of the
"MU-T" Overlay District are the residential uses allowed by the underlying base
residential zoning district. These uses shall comply with all the requirements of the base
zoning district.
(b) Prohibited Uses: The following uses shall be strictly prohibited in the
area of any Mixed-Use Transitional Overlay District:
(1) Any uses that cater specifically to "adults businesses" as defined in
subsections 51-2-4A, 4.1 and 4.2,
(2) Any uses that involve open storage of merchandise or equipment,
(3) Any off-premise signs,
(4) Any uses prohibited in the"Industrial M1-A" district, or
(5) Any other uses, trade or industry that is noxious or offensive by
reason of the emission of odor, smoke, gas, vibration or noise.
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(c) Conditional Uses: The Planning & Zoning Commission shall have the
authority to permit, as a conditional use, residential, retail and wholesale commercial,
office and limited light industrial uses if the Planning and Zoning Commission judges
that the specific application for a conditional use supports the desirable mixed-use pattern
or transition as outlined within the adopted long-range neighborhood master plan policies
for the specific area.
Sec. 51-12C-3. Application for Conditional Use.
(a) All applications for a conditional use shall include a complete description of
the proposed use, including dimensioned schematic drawings of the building to be
constructed, remodeled or converted and used, an accurately scaled and dimensioned site
plan and landscaping plan, and the names and mailing addresses of all property owners
and persons residing within 600 feet from the property lines of the proposed conditional
use.
(b) The filing fee shall be $500 plus an additional mailing fee consisting of
first class postage for each person requiring notice of the informal hearing.
(c) The conditional use application shall be filed with the Planning & Zoning
Division on forms prescribed by the Planning & Zoning Division, reviewed by the
Planning & Zoning Staff, and acted upon by the Planning & Zoning Commission. The
Planning & Zoning Staff review shall consist of a staff report containing an analysis of
the proposed conditional use and a recommendation to the Planning & Zoning
Commission.
(d) Applicant sh,01 take reasonable steps to review the project with the local
Community Council, Neighborhood Council or neighboring residents and receive their
comments and recommendations prior to submittal of the application to the Planning &
Zoning Commission. Evidence of neighborhood opinion or comment on the proposed
conditional use shall be submitted with the conditional use application.
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Sec. 51-12C-4. Burden of Proof. Applicant has the burden of establishing to
the Planning & Zoning Commission that the proposed conditional use meets the purpose
of the "MU-T" Overlay District for the specific area.
The Planning & Zoning Commission shall deny any conditional use if the
applicant has not proven that the proposed conditional use is consistent with the purpose
of the Mixed-Use Transitional Overlay District, or such use would significantly adversely
impact the residential character of the district.
Sec. 51-12C-5. Considerations for Conditional Use. The application for
conditional use shall include the following information, and any additional information
the applicant or the Planning & Zoning Commission deems necessary, in sufficient detail
for the Planning & Zoning Commission to judge compatibility with the existing
residential conditions and the adopted mixed-use development policies and for the
Planning &Zoning Commission to assess the impacts to the existing neighborhood.
(a) Traffic considerations.
(1) The amount of employee, customer or other business related traffic
(i.e., delivery and pickup) expected to be generated by the proposed use.
(2) Traffic impact analysis determining the anticipated effect of the
proposed use of the "level of service" on contiguous streets and necessary
improvements to the street network required to maintain an acceptable level of
service for the neighborhood.
(3) The location and design of vehicular access to the proposed use,
the amount of off-street parking facilities, and the location, arrangement and
dimensions of loading and unloading facilities.
(b) Use Compatibility Considerations.
(1) A dimensioned site plan indicating the location of the proposed use
in relation to existing adjacent land uses.
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(2) A dimensioned landscaping plan indicating the type of buffering
(i.e., light proof walls or fencing, landscaping, etc.) proposed between uses.
Building materials and plant materials should be specified.
(3) Hours of operation of the business.
(4) The amount of noise,noxious odors, fumes or vibration anticipated
from the proposed use and associated traffic sources.
(5) A statement as to the "qualitative" effect of the traffic created by
the proposed use (i.e., the relationship between the current traffic amount, types
and hours and the anticipated traffic).
(c) Building Design Compatibility Considerations.
(1) Schematic elevations of all building facades should indicate
locations of entries, loading docks, windows, and signage, also roof design,
building height, and building materials.
Sec. 51-12C-6. Conditions for Approval or Denial of Conditional Uses. In
approving a conditional use, the Planning Commission shall have the authority to:
(a) Approve the architectural style of the structure and building materials.
(b) Require additional landscaping, fencing and buffering between uses in the
form of additional front yard, side yard, and/or rear yard setbacks than required by the
base zone where it is determined that additional buffer yards are needed to protect the
character of the neighborhood.
(c) Limit the hours of operation of a commercial or industrial business.
(d) Allow a residential use to exceed the permitted density in the base zone if
the proposed use is compatible with the mixed-use development policies of the
neighborhood master plan.
(e) Require additional transportation improvements to contiguous streets to
correct the impact of the proposed development.
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(f) Require any other conditions that will ensure that the proposed conditional
use will further the purposes of the "MU-T" Overlay District.
Sec. 51-12C-7. Informal Hearing. Before granting any conditional use, the
Planning & Zoning Commission shall hold an informal hearing, allowing comment to be
received from adjoining property owners, tenants and other interested parties concerning
the proposed conditional use. The Planning Division shall send notice of the informal
hearing to all property owners, as submitted by the applicant, within 600 feet of the
proposed conditional use,ten (10) days in advance of the informal hearing. Notices shall
also be sent to renters residing within 600 feet of the proposed conditional use.
Sec. 51-12C-8. Appeal of the Planning & Zoning Commission Decision.
Any appeal of the decision of the Planning & Zoning Commission may be made to the
City Council of Salt Lake City, which shall have final determination. All such appeals
must be filed with the Salt Lake City Recorder within thirty (30) days of the action of the
Planning & Zoning Commission. If no appeal is filed within thirty (30) days, the
Planning & Zoning Commission's determination shall be final. Permits for approved
conditional uses shall not be issued until the thirty (30) day appeal period has expired.
No permits shall be issued for any conditional use during the appeal process.
Sec. 51-12C-9. Site Design Standards. Area regulations, height regulations
and front yard, side yard, and rear yard setbacks shall be the same as permitted in the
underlying base zone except as the Planning & Zoning Commission may modify these
requirements for approved conditional uses. Signs should be limited to one flat non-
illuminated identification sign not over six (6) square feet for each fifty (50) feet of
building frontage or major portion thereof.
SECTION 3. EFFECTIVE DATE. This ordinance shall take effect upon the date
of its first publication.
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Passed by the City Council of Salt Lake City,Utah, this Gth day of OctobeA
, 1987.
IV •
C- IkPFRSON
ATTEST:
CI_ RE ER
Transmitted to Mayor on 10-6-87
Mayor's Action: XX Approved Vetoed.
MAYOR
ATTEST:
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Ci Y iREC�YDER _ t
BRBpp 1590
(SEAL)
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