010 of 2016 - An ordinance amending certain land use provisions of Title 21A (Zoning) of the Salt Lake City Code P 16-4
0 16-1
SALT LAKE CITY ORDINANCE
No. 10_ _of 2016
(An ordinance amending certain land use provisions of
Title 21A(Zoning)of the Salt Lake City Code)
An ordinance amending certain sections of Title 21A(Zoning)of the Salt Lake City Code
pursuant to Petition No.PLNPCM2015-00146 to provide additional clarity and efficiency in land
use regulation.
WHEREAS,the Salt Lake City Planning Commission held a public hearing on July 8,2015
to consider a request made by Salt Lake City Mayor Ralph Becker(Petition No.PLNPCM2015-
00146)to amend the text of Sections 21A.10.020(Zoning:General Application and Public Hearing
Requirements:Public Hearing Notice Requirements);21A.16.030(Zoning:Appeals of
Administrative Decisions:Procedure);21A.06.030.0(Zoning:Decision Making Bodies and
Officials:Planning Commission:Jurisdiction and Authority);21A.16.010(Zoning:Appeals of
Administrative Decisions:Authority);21A.18.040(Zoning:Variances:Procedures);21A.52.060
(Zoning:Special Exceptions:General Standards and Considerations for Special Exceptions);
21A.54.070(Zoning:Conditional Uses:Sequence of Approval of Applications for Both a
Conditional Use and a Variance);and 21A.54.155.D(Zoning:Conditional Uses:Administratively
Approved Conditional Uses:Notice)of the Salt Lake City Code to provide further clarity and
efficiency in land use regulation;and
WHEREAS,at its July 8,2015 hearing,the planning commission voted in favor of
recommending to the Salt Lake City Council that the city council amend the sections of Title 21A of
the Salt Lake City Code identified herein;and
WI IEREAS,after a public hearing on this matter the city council has determined that
adopting this ordinance is in the city's best interests,
NOW,THEREFORE,be it ordained by the City Council of Salt Lake City,Utah:
SECTION 1. Amending text of Salt Lake City Code Section 21A.10.020. That Section
21A.10.020(Zoning:General Application and Public Hearing Requirements:Public Hearing
Notice Requirements)of the Salt Lake City Code,shall be,and hereby is,amended as follows:
a. That Section 21A.10.020.A.1 is amended to read as follows:
A. Public Hearing Required:Projects requiring a public hearing as required by this title
shall be held after the following public notification:
1. Mailing for Public Hearing:Notice by first class mail shall be provided:
a. A minimum of twelve(12)calendar days in advance of the public hearing;
b. To all owners and tenants of the land as shown on the Salt Lake City
geographic information system records.Mailing labels shall be generated by
the city at the time of application submittal and created using the Salt Lake
City geographic information system records unless as stated otherwise in this
title;
c. Within three hundred feet(300')from the periphery of land subject to the
application,inclusive of streets and rights of way,or one thousand feet
(1,000')of the periphery of the land subject to application for sexually
oriented businesses requiring conditional site plan review pursuant to Chapter
21A.36 of this title;and
d. Notice by first class mail for zoning text amendments shall only be required if
a notice requesting the mailing is received by the planning director.
b. That Section 21A.10.020.B.3 is amended to read as follows:
3. Notice of Application for Special Exceptions:Prior to the approval of an
administrative decision for special exceptions as authorized in Chapter 21A.52 of this
title,the planning director shall provide written notice by first class mail a minimum
of twelve(12)days in advance of the requested action to all abutting properties and
those properties located across the street from the subject property,and to all property
owners and tenants of the land subject to the application,as shown on the Salt Lake
City geographic information system records.
a. Contents of the Mailing Notice of Application:The notice for mailing shall
generally describe the subject matter of the application,the place where such
application may be inspected by the public,the date when the planning director
will authorize a final administrative decision,and include the procedures to appeal
an administrative decision set forth in Chapter 21A.16 of this title.
SECTION 2. Amending text of Salt Lake City Code Section 21A.16.030. That Section
21A.16.030(Zoning:Appeals of Administrative Decisions:Procedure)of the Salt Lake City
('ode,shall be,and hereby is amended as follows:
a. That Section 21 A.16.030.D is amended to read as follows:
D. Notice Required:
1. Public Hearing:Upon receipt of an appeal of an administrative decision by the
zoning administrator,the appeals hearing officer shall schedule and hold a public
hearing in accordance with the standards and procedures for conduct of the public
hearing set forth in Chapter 2 lA.10 of this title.
2. Notice of Appeals of Administrative Decisions of the Historic Landmark
Commission or Planning Commission:Appeals from a decision of the historic
landmark commission or planning commission are based on evidence in the
record.Therefore,testimony at the appeal meeting shall be limited to the
appellant and the respondent.
a. Upon receipt of an appeal of a decision by the historic landmark commission
or planning commission the appeals hearing officer shall schedule a public
meeting to hear arguments by the appellant and respondent.Notification of the
date,time and place of the meeting shall be given to the appellant and
respondent a minimum of twelve(12)calendar days in advance of the
meeting.
b. The city shall give e-mail notification,or other form of notification chosen by
the appeals hearing officer,a minimum of twelve(12)calendar days in
advance of the hearing to any organization entitled to receive notice pursuant
to Title 2,Chapter 2.60 of this code.
3. Time Limitation. All appeals shall be heard within one hundred and eighty(180)
days of the filing of the appeal. Appeals not heard within this timeframe will be
considered void and withdrawn by the appellant.
b. That Section 21A.16.030 is amended to add a new subsection 21A.16.030.L,which shall
read as follows:
L. For all matters delayed by the appeals hearing officer, any subsequent written
materials shall be submitted a minimum of fourteen(14)days prior to the rescheduled
meeting date.
SECTION 3. Amending text of Salt Lake City Code Section 21A.06.030.C. That
Section 21A.06.030.0(Zoning:Decision Making Bodies and Officials:Planning Commission:
Jurisdiction and Authority)of the Salt Lake City Code,shall be,and hereby is amended to read
as follows:
C. Jurisdiction and Authority:The planning commission shall have the following powers
and duties in connection with the implementation of this title:
1. Prepare and recommend to the city council for adoption,a comprehensive,general
plan and amendments to the general plan for the present and future needs of the city
and the growth and development of the land within the city or any part of the city;
2. Make comprehensive surveys and studies of the existing conditions and trends of
growth and of the probable future requirements of the city and its residents as part of
the preparation of the general plan;
3. Initiate amendments to the text of this title and to the zoning map pursuant to the
provisions of Chapter 21 A.50 of this title;
4. Review,evaluate and make recommendations to the city council on proposed
amendments to this title pursuant to the procedures and standards set forth in Chapter
21A.50 of this title;
5. Review,hear and decide applications for conditional uses,including planned
developments,pursuant to the procedures and standards set forth in Chapters 21A.54,
"Conditional Uses",21A.55,"Planned Developments",and 21A.59,"Conditional
Building and Site Design Review",of this title;
6. Hear and decide appeals from administrative hearing decisions of the planning
director;
7. Hear and decide applications for subdivision amendments and approvals pursuant to
the Municipal Land Use Development and Management Act,Title 10,Chapter 9a of
the Utah Code;and
8. Authorize special exceptions to the terms of this title pursuant to the procedures and
standards set forth in Chapter 21A.52,"Special Exceptions",of this title.
SECTION 4. Amending text of Salt Lake City Code Section 21 A.16.010. That Section
21 A.16.010(Zoning:Appeals of Administrative Decisions:Authority)of the Salt Lake City
Code,shall be,and hereby is amended to read as follows:
21A.16.010:AUTHORITY:
As described in Section 21 A.06.040 of this title,the appeals hearing officer shall hear and
decide appeals alleging an error in any administrative decision made by the zoning
administrator or the administrative hearing officer in the administration or enforcement of
this title,as well as administrative decisions of the historic landmark commission;and the
planning commission.
In addition,the appeals hearing officer shall hear and decide applications for variances as per
Chapter 21 A.18 of this title and shall make determinations regarding the existence,expansion
or modification of nonconforming uses and noncomplying structures pursuant to the
procedures and standards set forth in Chapter 21A.38,"Nonconforming Uses and
Noncomplying Structures",of this title.
SECTION 5. Amending text of Salt Lake City Code Section 21A.18.040. That Section
21A.18.040(Zoning:Variances:Procedures)of the Salt Lake City Code,shall be,and hereby is
amended to read as follows:
21A.18.040:PROCEDURES:
A. Application:An application for a variance shall be filed with the zoning administrator
and shall include the following items and information unless determined inapplicable by
the zoning administrator:
1. Written Information:
a. The property owner's name and address and the owner's signed consent to the
filing of the application;
b. The applicant's name and address,if different than the owner,and the applicant's
interest in the subject property;
c. The names and addresses of all professional consultants,if any,advising the
applicant with respect to the application;
d. The address and legal description of the subject property;
e. Sidwell map numbers identifying the property;and
f. Noticing and posting requirements shall be met as specified in Chapter 21 A.10 of
this title.
2. Graphic Information:
a. A site plan drawn to scale identifying all property lines,structures,including
primary and accessory structures,fences,right of way,and their respective
distances from the property lines;
b. An elevation drawing to scale showing all elevations of existing and proposed
structures;
c. When the variance involves building height a streetscape plan showing the height
of the buildings on both sides of the street to the nearest intersection;
d. When the variance involves grade changes,a topographical drawing prepared by a
licensed surveyor shall be included.The existing topography shall be shown in
dashed lines at two foot(2')intervals and the proposed grade shall be shown in
solid lines at two foot(2')intervals.All retaining walls shall be identified and the
height shall be shown on the plan relative to the proposed grades.Retaining walls
shall be designed by a structural engineer licensed to practice in the state;and
e. When a variance request involves setbacks or height or grade changes a complete
landscape plan shall be provided.Plans shall show landscape design and identify
all species and caliper of proposed plants.
3. Variance Information:
a. The specific feature or features of the proposed use,construction or development
that require a variance;
b. The specific provision of this title from which the variance is sought and the
precise variance being sought;
c. A statement of the characteristics of the subject property that prevent compliance
with the provisions of this title and result in unnecessary hardship;
d. A statement of the minimum variation of the provisions of this title that would be
necessary to permit the proposed use,construction or development;
e. An explanation of how the application satisfies each standard set forth in Section
21A.18.060 of this chapter;and
f. Any other information identified by the zoning administrator to be pertinent to the
requested variance.
B. Fees:The application shall be accompanied by the applicable fees shown on the Salt
Lake City consolidated fee schedule.The applicant shall also be responsible for payment
of all fees established for providing the public notice required by Chapter 21 A.10 of this
title.
C. Hearing:Upon receipt of a complete application for a variance,the appeals hearing
officer shall hold a hearing with notice in accordance with the requirements of Chapter
21A.10 of this title.
D. Action by Appeals Hearing Officer:Upon the close of the hearing the appeals hearing
officer shall render its decision,granting,granting with conditions,or denying the
variance.
SECTION 6. Amending text of Salt Lake City Code Section 21A.52.060. That Section
21 A.52.060(Zoning:Special Exceptions:General Standards and Considerations for Special
Exceptions)of the Salt Lake City Code,shall be,and hereby is amended to read as follows:
21A.52.060:GENERAL STANDARDS AND CONSIDERATIONS FOR SPECIAL
EXCEPTIONS:
No application for a special exception shall be approved unless the planning commission,
historic landmark commission,or the planning director determines that the proposed special
exception is appropriate in the location proposed based upon its consideration of the general
standards set forth below and,where applicable,the specific conditions for certain special
exceptions.
A. Compliance with Zoning Ordinance and District Purposes:The proposed use and
development will be in harmony with the general and specific purposes for which this
title was enacted and for which the regulations of the district were established.
B. No Substantial Impairment of Property Value:The proposed use and development will
not substantially diminish or impair the value of the property within the neighborhood in
which it is located.
C. No Undue Adverse Impact:The proposed use and development will not have a material
adverse effect upon the character of the area or the public health,safety and general
welfare.
D. Compatible with Surrounding Development:The proposed special exception will be
constructed,arranged and operated so as to be compatible with the use and development
of neighboring property in accordance with the applicable district regulations.
E. No Destruction of Significant Features:The proposed use and development will not result
in the destruction,loss or damage of natural,scenic or historic features of significant
importance.
F. No Material Pollution of Environment:The proposed use and development will not cause
material air,water,soil or noise pollution or other types of pollution.
G. Compliance with Standards:The proposed use and development complies with all
additional standards imposed on it pursuant to this chapter.
SECTION 7. Amending text of Salt Lake City Code Section 21 A.54.070. That Section
21A.54.070(Zoning:Conditional Uses:Sequence of Approval of Applications for Both a
Conditional Use and a Variance)of the Salt Lake City Code,shall be,and hereby is amended to
read as follows:
21A.54.070:SEQUENCE OF APPROVAL OF APPLICATIONS FOR BOTH A
CONDITIONAL USE AND A VARIANCE:
Whenever the applicant indicates pursuant to Section 21A.54.060 of this chapter that a
variance will be necessary in connection with the proposed conditional use,the applicant
shall at the time of filing the application for a conditional use,file an application for a
variance with the appeals hearing officer.
A. Combined Review:Upon the filing of a combined application for a conditional use and a
variance,at the initiation of the planning commission or the appeals hearing officer,the
commission and the officer may hold a joint session to consider the conditional use and
the variance applications simultaneously.
B. Actions by Planning Commission and Appeals Hearing Officer:Regardless of whether
the planning commission and appeals hearing officer conduct their respective reviews in
a combined session or separately,the appeals hearing officer shall not take any action on
the application for a variance until the planning commission shall first act to approve or
deny the application for the conditional use.
SECTION 8. Amending text of Salt Lake City Code Section 21A.54.155.D. That
Section 21A.54.I55.D(Zoning:Conditional Uses:Administratively Approved Conditional Uses:
Notice)of the Salt Lake City Code,shall be,and hereby is amended to read as follows:
D. Notice:Notice of a proposed conditional use shall be given pursuant to Chapter 21A.10
of this title.
SECTION 9. Effective Date. This ordinance shall become effective on the date of its
first publication.
Passed by the City Council of Salt Lake City,Utah,this 19th day of Apri 1
2016.
CH RPERSON
ATT � E SIGN:
1
CI ' RECORDER
Transmitted to Mayor on `(Y .
Mayor's Action: X Approved. Vetoed.
� 1.
r t/ I f e eyo
41,
YIP
4,74e eW.i';'' , ''.. .0.,
RECORD , _% I .lh}311/ *.
(SEAL) ti\\,°RATE S'�r
4 ......--'- APPROVED AS TO FORM
Salt Lake City Attorney's Office
Bill No. 10 of 2016. Dale: / 7y 20/5
Published: May 5, 2016
By:
P C.Nielso, r City Attorney
Ha ATTY.S48419.v2.0rdinance Fine Tuning_Spring 2015.D0Cc