020 of 1995 - Enacting Section 21.80.310 providing a temporary moratorium prohibiting the issuance of any subdivisSPATE OF UTAH,
City and County of Salt Lake,
I, ....BeVQr1Y..JQ�tes
} SS.
Deputy , City Recorder of Salt Lake City, Utah, do hereby
C4 certify that the attached document is a full, true and correct copy of...Ordinance. 20. of. 1995
..enacting .Section .21.8Q,31Q.prQviding.a.temporary.moratorium.prohibiting. the
..issuance.of.any.subdivision.a pprovals>.changes .of.use, .building. permits. or. other
Ci7
..development .approvals . for . certain .specified .developments .vithin.the. corporate
.limits .of .Salt .Lake .Clty,.pending.the .adoption . of. a.comprebensive.new. zoning
..ordinance .pursuant .to .Eetition.No..400-94.97
passed by City Council/Executive Action of Salt Lake City, Utah, .March. 15 19..g5
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 27 day of March 19.95.
1 .',
i• iigl...March .18 19..9.5,
r
Deputy City Recorder
0 95-1
0 94-35
SALT LAKE CITY ORDINANCE
No. 20 of 1995
(Enacting Section 21.80.310 providing a temporary
moratorium prohibiting the issuance of any
subdivision approvals, changes of use, building
permits or other development approvals for
certain specified developments within the
corporate limits of Salt Lake City, pending the
adoption of a comprehensive new zoning ordinance
pursuant to Petition No. 400-94-97.)
AN ORDINANCE ENACTING SECTION 21.80.310 OF THE SALT LAKE
CITY CODE PROVIDING A TEMPORARY MORATORIUM ON THE ISSUANCE OF ANY
SUBDIVISION APPROVALS, CHANGES OF USE, BUILDING PERMITS OR OTHER
SPECIFIED DEVELOPMENT ACTIVITIES WITHIN THE CORPORATE LIMITS
OF SALT LAKE CITY, PENDING THE CITY'S ADOPTION OF A COMPREHENSIVE
NEW ZONING ORDINANCE.
WHEREAS, Section 10-9-404, 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, Petition No. 400-94-97, dated October 13, 1994 has
been submitted by the Salt Lake City Planning Division requesting
the City to adopt a comprehensive new zoning ordinance for the
entire City; and
WHEREAS, the Planning Commission has submitted to the City
Council this recommendation, dated February 16, 1995, following
public hearings; and
WHEREAS, this new zoning ordinance is the result of an
extensive and comprehensive public hearing process; and
WHEREAS, the new zoning ordinance will further the best
interests of the City specifically including:
A. Implementation of City Master Plans;
B. Reflection of existing conditions of developed areas;
C. Simplification of development standards, processes and
procedures; and
WHEREAS, during the public process prior to the City
Council's adoption of the new zoning ordinance it is possible
that development proposals will be submitted to the City that do
not conform with the new zoning ordinance and which would, if
allowed, create incompatible land uses or development
characteristics which might obtain some vested rights and which
would materially and adversely affect the interests of the City
in adopting the new zoning ordinance; and
WHEREAS, public safety and welfare may be threatened by
development not consistent with the new zoning ordinance in that
such developments may have adverse impacts including increased
traffic, increased demand for police services and other negative
impacts which would be mitigated by the new zoning ordinance; and
WHEREAS, incompatible characteristics of possible
development with those contemplated by the new zoning ordinance
2
CO
may have adverse effects on surrounding property values and
aesthetic interests; and
WHEREAS, developments may have negative impacts of
excessive height,
inadequate usable
WHEREAS, the
inadequate landscaping and buffer strips, and
open space; and
City Council finds that the City's interests in
adopting this temporary moratorium outweigh any private interests
in developing under existing standards within the areas and for
the purposes described in this ordinance; and
WHEREAS, the City Council finds it appropriate to allow the
Planning Director during the temporary prohibition provided by
this ordinance to make certain modifications on specified
developments to certain building standards such as
landscape buffers and building coverage where such
setbacks,
developments
and variations would be in the best interests of the City and in
compliance with the general plan and where both the use and the
density of the proposed development is allowable under both the
currently existing and the proposed new zoning ordinances;
Therefore, the City Council of Salt Lake City, Utah, enacts
Section 21.80.310 of the Salt Lake City Code.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 21.80.310, Salt Lake City Code, be,
and the same hereby is, enacted to read as follows:
21.16.061
Temporary prohibition on specified development
within Salt Lake City, pending the adoption of the
City's new zoning ordinance.
3
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 corporate
boundaries of the City, while the City conducts a public process
leading to the adoption of a comprehensive new zoning ordinance
is not in the best interests of the City and constitutes a
compelling, countervailing public interest sufficient to justify
a prohibition of less than six months.
B. Balancing of Public versus Private Interests. The City
Council further specifically finds that any harm to private
interests is de minimis and outweighed by the City's interests in
consistency in adopting the new zoning ordinance. Further, the
City Council finds that no developments, the plans for which were
not submitted prior to a2:0c p.m. on March 14, 1995 in full
compliance with existing zoning regulations have any right to
develop under those existing regulations.
C. Prohibitions. The City shall not accept, process or
grant an application for any of the following, if such
application is not in compliance with the Public Hearing Draft of
the Zoning Ordinance dated February 16, 1995 of the proposed new
City Zoning Ordinance:
1. Subdivision approval;
2. Change of use;
3. Building permit or other development approval:
4
a. New residential construction, or residential
remodeling or additions that increase the number of
dwelling or boarding units;
b. Nonresidential new construction, or
nonresidential remodelling or additions that increase
the need for parking.
D. Boundaries of Temporary Prohibition. All properties
located within the corporate boundaries of Salt Lake City, not
included in the Temporary Moratorium Ordinance 94 of 1994.
E. Modifications. If the use and density of a development
which would otherwise be subject to the prohibition provisions of
this section is allowable either as a permitted or conditional
use under the existing ordinance and the proposed new zoning
ordinance, the standards for setbacks, landscape buffers and
building coverage required under the new zoning ordinance may be
modified, and development permitted, to standards not less than
those under the existing ordinance. If the proposed use is a
conditional use, the modification of such standards shall be
considered as part of the conditional use process. If the
proposed use is a permitted use, the Planning Director may make
such modifications to these standards as the Planning Director
finds to be in the best interests of the City, in compliance with
any applicable adopted plans and in the spirit of the existing
and new zoning ordinance.
F. Design Review. The functions of the Design Review
Committee, established in Chapter 3 and provided in Chapter 15 of
the Public Hearing Draft dated February 16, 1995, will be
5
performed by the Planning Commission while this Order is
effective.
G. Length of Prohibition. This section shall be effective
until April 14, 1995 or until the effective date of the City
Council's action upon Petition No. 400-94-97, whichever is
sooner.
Section 2. EFFECTIVE DATE. This ordinance shall take
effect on its first publication and shall be recorded with the
Salt Lake County Recorder.
Passed by the City Council of Salt Lake City, Utah, this
15 day of At 4 4 , 1995.
ATTEST:
0 �
CH EF EPUTY
int4
IT RECORDER
Transmitted to the Mayor on March 16, 1995
Mayor's action: XX Approved Vetoed.
MAYOR
6
ATTEST:
EF JY (-):119fkA-
(SEAL)
• • .wag:.it'....1{.02:11,.gt. • _
y • it
rp
Bill No . 20 '4,(MAIS
Published: March 1 e.'; 1995
G:\Ordina94\Moratori.wo
7
60486
03/27/95 3:53
NANCY fiAP
RECORDER SALT LAK.:
St. CITY - RECORDER
REC BY:5 WEST
:2
F"
K 1 frq
C,;_tUNTY UTAH
DEPUTY - WI
0 95-1
0 94-35
SALT LAKE CITY ORDINANCE
No. 20 of 1995
(Enacting Section 21.80.310 providing a temporary
moratorium prohibiting the issuance of any
subdivision approvals, changes of use, building
permits or other development approvals for
certain specified developments within the
corporate limits of Salt Lake City, pending the
adoption of a comprehensive new zoning ordinance
pursuant to Petition No. 400-94-97.)
AN ORDINANCE ENACTING SECTION 21.80.310 OF THE SALT LAKE
CITY CODE PROVIDING A TEMPORARY MORATORIUM ON THE ISSUANCE OF ANY
SUBDIVISION APPROVALS, CHANGES OF USE, BUILDING PERMITS OR OTHER
SPECIFIED DEVELOPMENT ACTIVITIES WITHIN THE CORPORATE LIMITS
OF SALT LAKE CITY, PENDING THE CITY'S ADOPTION OF A COMPREHENSIVE
NEW ZONING ORDINANCE.
WHEREAS, Section 10-9-404, 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, Petition No. 400-94-97, dated October 13, 1994 has
been submitted by the Salt Lake City Planning Division requesting
the City to adopt a comprehensive new zoning ordinance for the
entire City; and
WHEREAS, the Planning Commission has submitted to the City
Council this recommendation, dated February 16, 1995, following
public hearings; and
WHEREAS, this new zoning ordinance is the result of an
extensive and comprehensive public hearing process; and
WHEREAS, the new zoning ordinance will further the best
interests of the City specifically including:
A. Implementation of City Master Plans;
B. Reflection of existing conditions of developed areas;
C. Simplification of development standards, processes and
procedures; and
WHEREAS, during the public process prior to the City
Council's adoption of the new zoning ordinance it is possible
that development proposals will be submitted to the City that do
not conform with the new zoning ordinance and which would, if
allowed, create incompatible land uses or development
characteristics which might obtain some vested rights and which
would materially and adversely affect the interests of the City
in adopting the new zoning ordinance; and
WHEREAS, public safety and welfare may be threatened by
development not consistent with the new zoning ordinance in that
such developments may have adverse impacts including increased
traffic, increased demand for police services and other negative
impacts which would be mitigated by the new zoning ordinance; and
WHEREAS, incompatible characteristics of possible
development with those contemplated by the new zoning ordinance
2
may have adverse effects on surrounding property values and
aesthetic interests; and
WHEREAS, developments may have negative impacts of
excessive height, inadequate landscaping and buffer strips, and
inadequate usable open space; and
WHEREAS, the City Council finds that the City's interests in
adopting this temporary moratorium outweigh any private interests
in developing under existing standards within the areas and for
the purposes described in this ordinance; and
WHEREAS, the City Council finds it appropriate to allow the
Planning Director during the temporary prohibition provided by
this ordinance to make certain modifications on specified
developments to certain building standards such as setbacks,
landscape buffers and building coverage where such developments
and variations would be in the best interests of the City and in
compliance with the general plan and where both the use and the
density of the proposed development is allowable under both the
currently existing and the proposed new zoning ordinances;
Therefore, the City Council of Salt Lake City, Utah, enacts
Section 21.80.310 of the Salt Lake City Code.
Be it ordained by the City Council of Salt Lake City. Utah:
SECTION 1. That Section 21.80.310, Salt Lake City Code, be,
and the same hereby is, enacted to read as follows:
21.16.061 Temporary prohibition on specified development
within Salt Lake City, pending the adoption of the
City's new zoning ordinance.
3
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 corporate
boundaries of the City, while the City conducts a public process
leading to the adoption of a comprehensive new zoning ordinance
is not in the best interests of the City and constitutes a
compelling, countervailing public interest sufficient to justify
a prohibition of less than six months.
B. Balancing of Public versus Private Interests. The City
Council further specifically finds that any harm to private
interests is de minimis and outweighed by the City's interests in
consistency in adopting the new zoning ordinance. Further, the
City Council finds that no developments, the plans for which were
not submitted prior to o2:O4) p.m. on March 14, 1995 in full
compliance with existing zoning regulations have any right to
develop under those existing regulations.
C. Prohibitions. The City shall not accept, process or
grant an application for any of the following, if such
application is not in compliance with the Public Hearing Draft of
the Zoning Ordinance dated February 16, 1995 of the proposed new
City Zoning Ordinance:
1. Subdivision approval;
2. Change of use;
3. Building permit or other development approval:
4
a. New residential construction, or residential
remodeling or additions that increase the number of
dwelling or boarding units;
b. Nonresidential new construction, or
nonresidential remodelling or additions that increase
the need for parking.
D. Boundaries of Temporary Prohibition. All properties
located within the corporate boundaries of Salt Lake City, not
included in the Temporary Moratorium Ordinance 94 of 1994.
E. Modifications. If the use and density of a development
which would otherwise be subject to the prohibition provisions of
this section is allowable either as a permitted or conditional
use under the existing ordinance and the proposed new zoning
ordinance, the standards for setbacks, landscape buffers and
building coverage required under the new zoning ordinance may be
modified, and development permitted, to standards not less than
those under the existing ordinance. If the proposed use is a
conditional use, the modification of such standards shall be
considered as part of the conditional use process. If the
proposed use is a permitted use, the Planning Director may make
such modifications to these standards as the Planning Director
finds to be in the best interests of the City, in compliance with
any applicable adopted plans and in the spirit of the existing
and new zoning ordinance.
F. Design Review. The functions of the Design Review
Committee, established in Chapter 3 and provided in Chapter 15 of
the Public Hearing Draft dated February 16, 1995, will be
5
performed by the Planning Commission while this Order is
effective.
G. Length of Prohibition. This section shall be effective
until April 14, 1995 or until the effective date of the City
Council's action upon Petition No. 400-94-97, whichever is
sooner.
Section 2. EFFECTIVE DATE. This ordinance shall take
effect on its first publication and shall be recorded with the
Salt Lake County Recorder.
Passed by the City Council of Salt Lake City, Utah, this
15 day of frt. et-e_..o•
ATTEST:
TY ITRECORDER/
)62.4
CH F EPU'.
, 1995.
Transmitted to the Mayor on March 16, 1995
Mayor's action: XX Approved Vetoed.
MAYOR
6
Bill No.
Published:
ATTEST:
IEF PUTY C TY C'RDER
(SEAL)
20
t,
March 1et �, 1995
G:\Ordina99\Moratori.wo 7