001 of 1999 - Enacting a temporary moratorium prohibiting the acceptance of an application or other development ap0 99-1
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SALT LAKE CITY ORDINANCE
No. 1 of 1999
(Enacting a temporary moratorium prohibiting the acceptance of an application
or other development approval for certain uses in all commercial,
downtown and gateway districts.)
AN ORDINANCE ENACTING A TEMPORARY MORATORIUM PROHIBITING
THE ACCEPTANCE OF AN APPLICATION FOR SUBDIVISION APPROVAL, CHANGE
OF USE, BUILDING PERMIT, OR ANY OTHER DEVELOPMENT APPROVAL FOR ANY
BUILDING OR FACILITY WHICH WOULD CONSTITUTE A GROUP HOME, HALFWAY
HOME, RESIDENTIAL SUBSTANCE ABUSE TREATMENT HOME, TRANSITIONAL
TREATMENT HOME, OR TRANSITIONAL VICTIM HOME, AS PRINCIPAL USES OR AS
ACCESSORY TO OTHER PERMITTED USES, IN ALL COMMERCIAL, DOWNTOWN
AND GATEWAY DISTRICTS.
WHEREAS, Section 10-9-404 of the Utah Code Annotated allows cities, without a public
hearing, to enact ordinances establishing temporary zoning regulations for any part or all of the
City if the City Council makes a finding compelling, countervailing public interest; and
WHEREAS, Section 10-9-404 of the Utah Code Annotated allows the City in the
temporary regulation to prohibit or regulate the erection, construction, reconstruction or
alteration of any building or structure; and
WHEREAS, there have been ongoing concerns regarding the compatibility of group
homes, halfway homes, residential substance abuse treatment homes, transitional treatment
homes, or transitional victim homes, in commercial, downtown and gateway districts; and
WHEREAS, if not properly regulated, these uses may contribute to vagrancy, vandalism,
and other criminal activities that threaten the public health, safety and welfare of property owners
and citizens in commercial, downtown and gateway districts where there is often not a property
owner presence or surveillance after business hours; and
WHEREAS, the impact of the uses stated above in commercial, downtown and gateway
zoning districts needs to be reviewed and assessed to determine the appropriateness of making
those uses conditional in those districts; and
WHEREAS, commercial, downtown and gateway districts may not provide the
residential infrastructure necessary to support a residential environment; and
WHEREAS, during the period of this moratorium, the Planning Division will analyze this
legislative action request to determine the appropriateness of applying the conditional use
process or other means of regulating these uses; and
WHEREAS, as the public hearing process before the Planning Commission and the City
Council proceeds, it is possible that development proposals may be submitted to the City which
would create incompatible land uses or other deleterious development impacts; and
WHEREAS, the City finds that accepting applications for any subdivision approval,
change of use, building permit, or any other development approval for any building or facility
which would constitute a group home, halfway home, residential substance abuse treatment
home, transitional treatment home, or transitional victim home, as principal uses, or as accessory
to other permitted uses, in commercial, downtown or gateway districts, prior to the completion of
the City's research and analysis of this issue, adversely affects the City's interest in controlling
development within the City and assuring that such development is compatible with existing uses
in the City's Master Plan, which interests constitute a compelling, countervailing public interest
which justifies this temporary moratorium; and
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WHEREAS, the City Council finds that the City's interest in adopting this temporary
moratorium outweighs any private interests in developing under existing standards; and
WHEREAS, the City Council finds that no development plans have any vested rights to
develop under the existing ordinance.
NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt Lake City, Utah:
SECTION 1. That the following Temporary Moratorium is hereby established:
A. Finding of Countervailing Interests. Pursuant to Section 10-9-404, Utah Code
Annotated, the City Council expressly finds that the adverse effects of accepting or processing an
application for any subdivision approval, change of use, building permit, or any other
development approval for any building or facility which would constitute a group home, halfway
home, residential substance abuse treatment home, transitional treatment home, or transitional
victim home, as principal uses, or as accessory to other permitted uses, in commercial, downtown
or gateway districts within the City, while the City conducts a public process to evaluate the
desirability of making those uses conditional within those zoning districts, is not in the best
interest of the City and constitutes a compelling, countervailing public interest sufficient to
justify a six month prohibition.
B. Balancing of Public Versus Private Interests. The City Council further finds that
any harm to private interests is de minimus and outweighed by the City's interest in reviewing
and amending, if necessary, the existing City zoning. The City Council finds that no
development, the plans for which were not submitted prior to 1:30 p.m. on December 16, 1998,
in full compliance with existing zoning regulations, have any right to develop under those
existing regulations. In addition, any development plans or applications submitted prior to 1:30
p.m. on December 16, 1998, which have been disapproved by the zoning administrator due to
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incompleteness, inaccuracy or non-compliance, or which have not yet received the necessary
approval from the Planning Commission or other administrative bodies are specifically
determined to have no vested right to develop under existing regulations and the City shall not
accept any resubmittals of those disapproved applications or proceed with any further hearings
for approval of those incomplete applications, during the period of this ordinance, unless the
applicant agrees to process such application as a conditional use.
C. Prohibitions. During the period of this moratorium, the City shall not accept an
application for any subdivision approval, change of use, building permit, or any other
development approval for any building or facility which would constitute a group home, halfway
home, residential substance abuse treatment home, transitional treatment home or transitional
victim home as principal uses or as accessory to other permitted uses, in any commercial,
downtown or gateway district, unless the applicant agrees to process such application according
to the City's conditional use procedures.
D. Length of Prohibition. This moratorium remains in effect for a period of six
months from the effective date of this ordinance.
SECTION 2. Effective Date. This ordinance shall become effective upon the date of its
first publication.
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1999.
Passed by the City Council of Salt Lake City, Utah, this 5th day of January ,
Transmitted to Mayor on January 5, 1999
Mayor's Action: XXX Approved
DEP TY T
(SEAL)
Bill No. 1 of 1999.
Published: January 12, 1999•
Vetoed.
MAYOR
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