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011 of 2010 - amending certain sections of Title 21A (Zoning) & Title 2 (Administration), to provide additional cl 1 0 10-1 P 10-1 SALT LAKE CITY ORDINANCE No. 11 of 2010 (An ordinance amending certain land use provisions of Titles 21A (Zoning) and 2 (Administration) of the Salt Lake City Code) An ordinance amending certain sections of Title 21A (Zoning) and Title 2 (Administration) of the Salt Lake City Code pursuant to Petition No. PLNPCM2009-00509 to provide additional clarity and efficiency in land use regulation. WHEREAS, the Salt Lake City Planning Commission ("Planning Commission") held a public hearing on June 10, 2009 to consider a request made by Salt Lake City Mayor Ralph Becker (petition no. PLNPCM2009-00509) to amend the text of certain sections of Title 21A (Zoning) and Title 2 (Administration) of the Salt Lake City Code to provide further clarity and efficiency in land use regulation; and WHEREAS, at its June 10, 2009 hearing, the Planning Commission voted in favor of recommending to the City Council that the City Council amend the sections of Title 21A of the Salt Lake City Code identified herein; and WHEREAS, after a public hearing on this matter the City Council has determined that the following 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.28.040. That the table, titled "Table of Permitted and Conditional Uses for Manufacturing Districts", which is located at section 21A.28.040 of the Salt Lake City Code, shall be, and hereby is, amended, in part, such that only the following provisions of said table are amended: 1 Legend Permitted And Conditional Uses, By District C=Conditional use Manufacturing Districts P=Permitted use Use M-1 M-2 Institutional: Adult daycare center P P Child daycare center P P Local government facilities P P Museum P C Music conservatory P C Places of worship C Schools,professional and vocational (with outdoor P activities) Schools,professional and vocational (without P P outdoor activities) Seminaries,religious institutes P C SECTION 2. Amending text of Salt Lake City Code section 2.20.080.A. That section 2.20.080.A of the Salt Lake City Code(Planning Commission: Meetings), shall be, and hereby is, amended to read as follows: A. The planning commission shall meet at least once each month, as designated by the commission. Public hearings of the planning commission may be held at such meetings, however, all public hearings shall be held after the regular working hours of the city, upon proper notice, to consider any matters within the scope of the commission's duties as provided by ordinance or state statute. SECTION 3. Amending text of Salt Lake City Code section 21A.04.030. That section 21A.04.030 of the Salt Lake City Code (Building/Demolition Permits Required), shall be, and hereby is, amended to read as follows: 21A.04.030 Building/Demolition Permits Required: It is unlawful, whether acting as owner, occupant or contractor, or otherwise to erect, construct, reconstruct, alter, demolish, or change the use of any building or other structure within Salt Lake City contrary to any provisions of this title 1 without first obtaining a building or demolition permit from the division of building services and licensing unless the proposed improvements are such that the division of building services and licensing does not require a permit. It is also unlawful for any person, whether acting as owner, occupant or contractor to install any hard surfacing material, other than sidewalks, ornamental landscaping features, or for the minor repair of existing legal hard surfaced areas on any property without first obtaining a building permit from the division of building services and licensing. It is also unlawful for any person, whether acting as an owner, occupant or contractor, to install accessory structures without first obtaining a building permit from the division of building services and licensing, unless the adopted building code excludes such accessory structure from a building permit requirement. Projects located within the boundaries of a Historic Preservation Overlay District, or on a Landmark Site shall submit an application for certificate of appropriateness for all improvements regardless of any building permit requirements. SECTION 4. Amending text of Salt Lake City Code section 21 A.18.100. That section 21 A.18.100 of the Salt Lake City Code (Limitations on Variances), shall be, and hereby is, amended to read as follows: 21A.18.100: LIMITATIONS ON VARIANCES: Subject to an extension of time granted upon application to the Planning Director no variance shall be valid for a period longer than one (1) year unless a building permit is issued or complete building plans have been submitted to the Division of Building Services and Licensing within that period. The Planning Director may grant an extension of a variance for up to one (1) additional year when the applicant is able to demonstrate no change in circumstance that would result in an unmitigated impact. Extension requests must be submitted prior to the expiration of the variance. SECTION 5. Amending text of Salt Lake City Code section 21A.52.090.A. That section 21A.52.090.A of the Salt Lake City Code (General Conditions on all Special Exceptions), shall be, and hereby is, amended to read as follows: A. Special Exceptions: Subject to an extension of time granted upon application to the zoning administrator, no special exception shall be valid for a period longer than one (1) year unless a building permit is issued or complete building plans have been submitted to the Division of Building Services and Licensing within that period. The Planning Director may grant an extension of a special exception for up to one (1) additional year when the applicant is able to demonstrate no change in circumstance that would result in an unmitigated impact. Extension requests must be submitted to the Planning Director in writing prior to the expiration of the permit. SECTION 6. Amending text of Salt Lake City Code section 21A.54.120. That section 21A.54.120 of the Salt Lake City Code (Limitations on Conditional Use Approval), shall be, and hereby is, amended to read as follows: 21A.54.120 Limitations on Conditional Use Approval: Subject to an extension of time granted by the planning commission, or, in the case of administrative conditional uses, the planning director or designee, no conditional use shall be valid for a period longer than one (1) year unless a building permit has been issued or complete building plans have been submitted to the Division of Building Services and Licensing within that period and is thereafter diligently pursued to completion, or unless a certificate of occupancy is issued and a use commenced within that period, or unless a longer time is requested and granted by the planning commission, or, in the case of administrative conditional uses, the planning director or designee. Any request for a time extension shall be required not less than thirty(30) days prior to the twelve (12) month time period. The approval of a proposed conditional use by the planning commission, or, in the case of administrative conditional uses, the planning director or designee, shall authorize only the particular use for which it was issued. SECTION 7. Amending text of Salt Lake City Code section 21 A.54.150.0. That section 21 A.54.150.0 of the Salt Lake City Code (Planned Developments: Time Limits), shall be, and hereby is, amended to read as follows: O. Time Limit On Approved Planned Development: No planned development approval shall be valid for a period longer than one (1) year unless a building permit has been issued or complete building plans have been submitted to the Division of Building Services and Licensing. The Planning Director may grant an extension of a Planned Development for up to one (1) additional year when the applicant is able to demonstrate no change in circumstance that would result in an unmitigated impact. Extension requests must be submitted prior to the expiration of the planned development permit. SECTION 8. Amending text of Salt Lake City Code section 21A.58.080.C.6. That section 21A.58.080.C.6 of the Salt Lake City Code (Site Plan Approval: Time Limits), shall be, and hereby is, amended to read as follows: 6. Time Limit on Approval: Approval of the site plan, landscape plan and other applicable plans shall be void unless a building permit has been issued or complete building plans have been submitted to the Division of Building Services and Licensing one (1) year from the date of approval. The Planning Director may grant an extension of a conditional use permit for up to one (1) additional year when the applicant is able to demonstrate no change in circumstance that would result in an unmitigated impact. Extension requests must be submitted to the Planning Director in writing prior to the expiration of the permit. SECTION 9. Amending text of Salt Lake City Code section 21A.59.070.C.6. That section 21A.59.070.C.6 of the Salt Lake City Code (Design Review: Time Limit on Approval), shall be, and hereby is, amended to read as follows: 6. Time Limit on Approval: Approval of design review shall be void unless a building permit has been issued or complete building plans have been submitted to the Division of Building Services and Licensing within one (1) year from the date of approval. The Planning Director may grant an extension of a site plan approval for up to one (1) additional year when the applicant is able to demonstrate no change in circumstance that would result in an unmitigated impact. Extension requests must be submitted to the Planning Director in writing prior to the expiration of the permit. SECTION 10. 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 2nd day of March , 2010. if ././Z A E ON ATTEST AND COUNTERSIGN: E CI QikO R 1 $i*ai n W fly41 y if ma's lJ �6b s Transmitted to Mayor on March 3, 2010 ()k U, Mayor's Action: X Approved. Vetoed. AA MAYOR v CITY RECORDER APPROVED AS TO FORM Salt Lake City Attorney's Office (SEAL) Date: 1S t 2QnO Bill No. 11 of 2010. By: Published: Marsh 1 '1, 7(110 ill C.Ni S nior City Attorney , HB_ATTY-#9390-v2-Ordinance_=fine_tuning_PLNPCM2009-00509