102 of 1994 - Enacting Section 21.80.300 providing a temporary moratorium prohibiting the issuance of building p0 94-1
0 94-31
Affects Sidwell #'s
14 - 20- 206 - 001 +Hrk 035
1 6o - Zo - 207 - ooi 44hrk o10
14 - zo - 2zq - oo l fl,rr4 011
SALT LAKE CITY ORDINANCE
No. 102 of 1994
(Enacting Section 21.80.300 providing a temporary
moratorium prohibiting the issuance
of building permits for certain specified
developments within certain described
blocks in the Sugarhouse area
pursuant to Petition No. 400-94-108.)
AN ORDINANCE ENACTING SECTION 21.80.300, SALT LAKE CITY
CODE, PROVIDING A TEMPORARY MORATORIUM PROHIBITING THE ISSUANCE
OF BUILDING PERMITS FOR CERTAIN SPECIFIED DEVELOPMENTS WITHIN
CERTAIN DESCRIBED BLOCKS IN THE SUGARHOUSE AREA PURSUANT TO
PETITION NO. 400-94-108.
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 of compelling,
countervailing public interest; and
WHEREAS, Section 10-9-404, U.C.A., allows the city in the
temporary regulation to prohibit or regulate the erection,
construction, reconstruction or alteration of any building or
structure; and
WHEREAS, the City is in the process of researching and
writing a new zoning plan for the Sugarhouse Business District;
and
WHEREAS, the City finds that allowing continuing
construction, erection and changes of use on two blocks of the
cx7
7c
Q
c.n
tZLD
r)
existing Sugarhouse business area adversely affects the City's
interests in controlling parking, traffic, compatibility of
designs, pedestrian orientation, landscaping and other vital City
interests which constitute a compelling, countervailing public
interest which justifies a temporary moratorium; and
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;
and
WHEREAS, the City finds it appropriate that only building
permits for general repairs and remodeling which do not involve
changes of uses be granted during this temporary moratorium.
NOW, THEREFORE, the City Council of Salt Lake City, Utah,
hereby enacts Section 21.80.300 of the Salt Lake City Code..
BE IT ORDAINED by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 21.80.300 be, and the same hereby
is, enacted to read as follows:
21.80.300 Temporary Prohibition on Construction or
Erection.
A. Findings of Countervailing Interest. Pursuant to
Section 10-09-404, Utah Code Annotated, the City Council
expressly finds that the adverse effects of allowing the
development specified in this section within the boundaries
specified in this section while the City conducts a public
2
process leading to the adoption of a new Sugarhouse Business
District zoning ordinance is not in the best interests 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
minimis and outweighed by the City's interests in consistency in
adopting the new Sugarhouse Business District zoning ordinance.
The City Council finds that no developments, the plans for which
were not submitted prior to 5:00 p.m. on October 31, 1994 in full
compliance with existing zoning regulations have any right to
develop under those existing regulations. Further, any
development plan applications submitted prior to 5:00 p.m. on
October 31, 1994, which have been disapproved by the Zoning
Administrator due to incompleteness, inaccuracies or non-
compliance are specifically determined to have no vested right to
develop under existing regulations and the City shall not accept
any re -submittals of these disapproved applications during the
period of this ordinance.
C. Prohibitions. The City shall not accept, process or
grant an application for any of the following:
1. Subdivision approval;
2. Change of use;
3. Building permit or other development approval:
a. New residential construction;
b. Nonresidential new construction, or CD
Q
cri
co
3 -0
LO
nonresidential remodeling or additions that constitute
a change of use or increases the need for parking.
D. Boundaries of Temporary Prohibition. Two blocks
bounded by 2100 South Street, 1300 East Street, Wilmington
Avenue, a portion of Highland Drive, Sugarmont Drive, and
McClelland Street, as more fully illustrated on the map which is
attached and incorporated as Exhibit "A".
E. Length of. Prohibition. This section shall be effective
until May 1, 1995, or until the effective date of the City
Council's action upon Petition No. 400-94-108 enacting a new
Sugarhouse Business District Zoning Act, whichever is sooner.
SECTION 2. This ordinance shall become effective on its
first publication and the City Recorder is instructed to record
this ordinance with the Salt Lake County Recorder.
Passed by the City Council of Salt Lake City, Utah, this
1st day of November , 1994.
AT EST:
C IEF , sEPUT IT R CORD
CHAIRPERSON
4
• :.ix La&u IAA
3.1 ..._
Transmitted to the Mayor on November 2, 1994
Mayor's action: xxxx Approved
OR
AT EST:
(SE
.
RECORDER
•
•
Bill *op. �,Qv�f 1994.
PublishtlSi,\vu�evember 10. 1994
IEF
•
6G:\ORDINA94\SUGBLDPE.BRB:le
Vetoed.
EXHIBIT "A"
7
6 I 60.9c1CSOL:48
STATE OF UTAH,
City and County of Salt Lake,
i
SS.
Rt CEIVEI.
gm 0 2 1994
'iw APrInRoeR
= I, Christine Meeker Chief Deputy City Recorder of Salt Lake City, Utah, do hereby
cn certify that the attached document is a full, true and correct copy of
Salt Lake City Code, 1988,
4, as amended. Ordinance 102 of 1994.
In .nactinga.Section 21:80.300 providing a temporary moratorium prohibiting the..,
. ... ....... .. .. ... .... . .
.issuance..of building permits.for certain specified developments within. certain. described
... ....... ...... ...
blocks in the Sugarhouse area.
Petition No. 400-94-108
passed by City Council/Executive Action of Salt Lake City, Utah, November 1, 1994
as appears of record in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City,
this loth day of November 19.94 .
-�t . v�/ y.vy.vf w. s `r ...
�' '�� Chief Deputy City Recorder
•
A- 4 Published ....November .10 .. , .. . 1994.
sozo
IWPORAic��=`��
0 94-1
0 94-31
Affects Sidwell #'s
14 - Zb- 206 - 001 +11rCA 035
j 4, - Zo - Zo7 -- Ool +hru, 010
16 - 2.o - zzy -- oo I i-hr“ 044
SALT LAKE CITY ORDINANCE
No. 102 of 1994
(Enacting Section 21.80.300 providing a temporary
moratorium prohibiting the issuance
of building permits for certain specified
developments within certain described
blocks in the Sugarhouse area
pursuant to Petition No. 400-94-108.)
AN ORDINANCE ENACTING SECTION 21.80.300, SALT LAKE CITY
CODE, PROVIDING A TEMPORARY MORATORIUM PROHIBITING THE ISSUANCE
OF BUILDING PERMITS FOR CERTAIN SPECIFIED DEVELOPMENTS WITHIN
CERTAIN DESCRIBED BLOCKS IN THE SUGARHOUSE AREA PURSUANT TO
PETITION NO. 400-94-108.
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 of compelling,
countervailing public interest; and
WHEREAS, Section 10-9-404, U.C.A., allows the city in the
temporary regulation to prohibit or regulate the erection,
construction, reconstruction or alteration of any building or
structure; and
WHEREAS, the City is in the process of researching and
writing a new zoning plan for the Sugarhouse Business District;
and
WHEREAS, the City finds that allowing continuing
construction, erection and changes of use on two blocks of the
existing Sugarhouse business area adversely affects the City's
interests in controlling parking, traffic, compatibility of
designs, pedestrian orientation, landscaping and other vital City
interests which constitute a compelling, countervailing public
interest which justifies a temporary moratorium; and
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;
and
WHEREAS, the City finds it appropriate that only building
permits for general repairs and remodeling which do not involve
changes of uses be granted during this temporary moratorium.
NOW, THEREFORE, the City Council of Salt Lake City, Utah,
hereby enacts Section 21.80.300 of the Salt Lake City Code..
BE IT ORDAINED by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 21.80.300 be, and the same hereby
is, enacted to read as follows:
21.80.300 Temporary Prohibition on Construction or
Erection.
A. Findings of Countervailing Interest. Pursuant to
Section 10-09-404, Utah Code Annotated, the City Council
expressly finds that the adverse effects of allowing the
development specified in this section within the boundaries
specified in this section while the City conducts a public
2
process leading to the adoption of a new Sugarhouse Business
District zoning ordinance is not in the best interests 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
minimis and outweighed by the City's interests in consistency in
adopting the new Sugarhouse Business District zoning ordinance.
The City Council finds that no developments, the plans for which
were not submitted prior to 5:00 p.m. on October 31, 1994 in full
compliance with existing zoning regulations have any right to
develop under those existing regulations. Further, any
development plan applications submitted prior to 5:00 p.m. on
October 31, 1994, which have been disapproved by the Zoning
Administrator due to incompleteness, inaccuracies or non-
compliance are specifically determined to have no vested right to
develop under existing regulations and the City shall not accept
any re -submittals of these disapproved applications during the
period of this ordinance.
C. Prohibitions. The City shall not accept, process or
grant an application for any of the following:
1. Subdivision approval;
2. Change of use;
3. Building permit or other development approval:
a. New residential construction;
b. Nonresidential new construction, or
3
nonresidential remodeling or additions that constitute
a change of use or increases the need for parking.
D. Boundaries of Temporary Prohibition. Two blocks
bounded by 2100 South Street, 1300 East Street, Wilmington
Avenue, a portion of Highland Drive, Sugarmont Drive, and
McClelland Street, as more fully illustrated on the map which is
attached and incorporated as Exhibit "A".
E. Length of Prohibition. This section shall be effective
until May 1, 1995, or until the effective date of the City
Council's action upon Petition No. 400-94-108 enacting a new
Sugarhouse Business District Zoning Act, whichever is sooner.
SECTION 2. This ordinance shall become effective on its
first publication and the City Recorder is instructed to record
this ordinance with the Salt Lake County Recorder.
Passed by the City Council of Salt Lake City, Utah, this
1st day of November , 1994.
ATTEST :
C1�IEF EPUT�ii
R$CORD R
Ctie, „--A,eekvyk,
CHAIRPERSON
4
Transmitted to the Mayor on November 2, 1994
Mayor's action: XXXX Approved
AT EST:
IEF";! �.` �% '� RECORDER
(SE
.=-
at.
Bill lq
Publish*10,
•
fP
f 1994.
1
6G:\ORDINA94\SUGBLDPE.BRB:le
YOR
5
Vetoed.
EXHIBIT "A"
1