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021 of 1986 - Zoning amendments relating to Medical Clinics, Office Buildings,Outpatient Emergency care and surgi 0 86-1 APPROVED FOR 0 85-4 PRINTING RECORDER'S OFFICE 02/27/86 Rev . P.C. SALT LAKE CITY ORDINANCE Bill No . 21 of 1986 ( Zoning Amendments Relating to Medical Clinics , Medical Office Buildings, Outpatient Emergency Care Centers and Outpatient Surgical Centers) AN ORDINANCE AMENDING TITLE 51 OF THE REVISED ORDINANCES OF SALT LAKE CITY, UTAH, 1965 AS AMENDED, RELATING TO ZONING REGULATIONS RELATING TO MEDICAL FACILITIES BY: AMENDING AND ADDING DEFINITIONS IN CHAPTER 2 OF SAID TITLE ; BY AMENDING SECTION 51-9-3 RELATING TO PARKING REQUIREMENTS FOR MEDICAL USES; BY AMENDING CHAPTERS 18, 19, 19B, 19C AND 21 OF TITLE 51 TO CLARIFY AND ADD CERTAIN MEDICAL USES AS ACCESSORY CONDITIONAL USES IN 11R-6" DISTRICTS, CONDITIONAL PRINCIPAL USES IN "R-711 , AND AS PERMITTED USES IN THE "H" , "R-H" , AND "B-3 " DISTRICTS. Be it ordained by the City Council of Salt Lake City, Utah : SECTION 1. That Chapter 2 of Title 51 of the Revised Ordiances of Salt Lake City, Utah, 1965, providing certain definitions applicable under the zoning ordinance , be , and the same hereby is amended by AMENDING Section 51-2-34. 5, defining "Hospital" , by AMENDING Sections 51-2-37. 5, defining "Medical Clinic" , by ADDING Section 51-2-37. 6, defining "Medical Office Building" , by ADDING Section 51-2-40. 5 defining "Outpatient Emergency Care Center" and by ADDING Section 51-2-40. 6, defining ' "Outpatient Surgical Center" , which amended and added sections e� , shall read as follows : t Y,� Sec . 51-2-34. 5. Hospital . An institution providing qualified health , medical and surgical staff and related personnel services for the diagnosis, treatment and recovery care of persons suffering from disease or injury, primarily on an inpatient basis. Any facility which would otherwise be defined as a medical clinic , medical office building , outpatient emergency care center, or outpatient surgical center, etc . , but which offers any inpatient or overnight care , or operates on a 24 hour basis shall be considered a hospital . A hospital may include integral support service facilities such as laboratories , outpatient units, training and central services together with staff offices necessary to the operation of the hospital . Sec . 51-2-37. 5. Medical Clinic . A facility dedicated exclusively to providing medical , dental or similar examination , diagnosis, treatment, care and related health care services by licensed health care providers and other health care profes- sionals practicing medicine as a group on persons on an outpatient basis. However no portion of the facility may be used to provide on site: inpatient care, overnight care, or 24 hour operations, without complying with all ordinances applicable to hospitals . Hours of general operation in "R-6" , "R-7" , and "R-H" use districts are further restricted to the hours of 7: 00 A.M . to 8: 00 P.M. Hours are not limited in the "H" , "B-3 " or other less restrictive districts ; however , hospital functions of inpatient care, overnight care or 24-hour operation are still precluded . -2- Sec . 51-2-37. 6. Medical Office Building . An office building which is occupied primarily by licensed health care providers and other health care professionals in related fields providing medical , dental or similar examination , diagnosis , treatment and care to persons on an outpatient basis. However , no portion of the building and no care provider may use such offices to provide on site: inpatient care, overnight care or 24 hour operations, without the entire building complying with all ordinances including zoning applicable to hospitals. Hours of general operation in "R-6" , "R-7" , and "R-H" use districts are further restricted to the hours of 7: 00 A.M. through 8: 00 P.M . Hours are not limited in the "H" , "B-3" or other less restrictive districts. Sec . 51-2-40. 5. Outpatient Emergency Care Center. A facility or licensed health care provider providing emergency medical or dental or similar examination, diagnosis, treatment and care on an outpatient basis. However no such facility or any portion thereof nor any provider may provide on site : inpatient care , overnight care , or 24 hour operation, without complying with all ordinances, including zoning , applicable to hospitals. Hours of general operation in "R-6" , "R-7" and "R-H" use districts are further restricted to the hours of 7: 00 A.M . through 8: 00 p.m. Hours are not limited in the "H" , "B-3" or other less restrictive districts. -3- Sec . 51-2-40. 6. Outpatient Surgical Center. A facility providing for the surgical treatment and related medical care of patients solely on an outpatient basis. No surgical center may provide on site : inpatient care , overnight care, or 24 hour operations, without complying with all ordinances, including zoning , applicable to hospitals. Hours of general operation in "R-60f , "R-7 " , and "R-H" use districts are further restricted to the hours of 7: 00 A.M . through 8: 00 P.M. Hours are not limited in the "H" , "B-3 " or other less restrictive districts. SECTION 2. That Section 51-9-3 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to off-street parking requirements be , and the same is hereby amended , by amending subsections ( 4 ) , ( 6 ) , ( 11) , and the last sentence of Section 51- 9-3 to provide off-street parking requirements for medical office buildings, outpatient emergency care centers, and outpatient surgical centers. Said amended subsections shall read as follows : Sec . 51-9-3 . For buildings other than one-to-four family dwellings. For a new buildino or structure or for the enlargement or increase in capacity, floor area, or guest rooms of an existing main buildino or structure , there shall be at least one permanently maintained parking space of not less than one hundred eighty square feet either on the same lot with the main building or not more than five hundred feet therefrom as follows : -4- ( 1) * * * (4 ) For hospitals and sanitariums, at least one ( 1 ) parking space for each two bed capacity plus one space for each two employees working on the highest employment shift. (5) * * * (6 ) For medical clinics, medical office buildings, outpatient surgical centers and outpatient emergency care centers, one parking space for every 200 square feet of gross building area . ( 7 ) * * * (10 ) (11) For all office buildings , other than medical offices under (6 ) above , located in a "B-3" , "C-1" , "C-2" , "R-7" or "R-HII District, one parking space for each 300 square feet of gross floor area in the building . ( 12 ) * * * All off-street parking areas required by this ordinance shall be deemed to be required "open space" whether located on the same lot with the main building or on property within five hundred (500 ) feet therefrom and shall not thereafter be reduced or encroached upon in any manner as along as the business or use to which it is appurtenant continues unless other areas are -5- obtained to provide the same number of parking spaces and such change is approved by the Board of Adjustment . SECTION 3. That Section 51-18-7(2 ) of the Revised Ordinances of Salt Lake City, Utah, 1965 as amended relating to conditional uses in the Residential "R-6" District be, and the same is hereby amended by REPOSITIONING subsection (g) , ADDING subsection ( h) to relate to outpatient emergency centers or surgical centers as accessory conditional uses in nonconforming medical facilities, and AMENDING the following existing language relating to general conditions in a new subsection (3) , which shall read as follows : Sec . 51-18-7. Conditional uses. (1 ) * * * (2 ) The following uses may be allowed by the Board of Adjustment as a conditional use in an "R-6" district, after a favorable recommendation is made by the Planning Commission that such is in keeping with the character of the neighborhood , and is desirable and necessary for providing an adequate service for people residing in the community, to-wit : ( a) ( f) Group homes for developmentally disabled , as provided in Section 51-6-12, or for juveniles placed for treatment or rehabilitation in a family type living facility under the supervision of the court or a state agency -6- voluntarily. Placement may be in voluntary, in lieu of (but not a part of) confinement in a penal or custodial type institution. Prior to placement in the home, the owner or supervising agency must certify the individual to be place is not harmful to himself or others. The home must comply with the guidelines set forth in Section 51-6-12. (g) Clubs for children (boys and/or girls clubs) operated by non-profit organizations. (h) Outpatient emergency care centers and outpatient surgical centers with general operating hours restricted to 7:00 A.M. to 8:00 P.M. may be approved as an accessory use within a legal nonconforming medical clinic or medical office building; provided the use: is incidental and a part of the continued operation of the nonconforming medical facility; is contained within an existing structure containing the nonconforming facility and shall not be used to justify any additions or extensions of the structure or parking lot, nor demolition of existing housing units; provides adequate existing parking and approaches to accommodate patients, staff and emergency vehicle, etc. ; and has appropriate signage designed to be unobtrusive in the neighborhood. (3) General criteria. A. Dispersal In granting any conditional use, under (2)(a)-(f) above, care must be taken to see that such uses are not clustered; and to this end, no more -7- than one conditional use under ( 2 ) (a)- (f) shall be allowed within a 660 foot radius of any other such conditional use. However , accessory uses under ( 2 ) (h) are not affected by this dispersal requirement . B. Board of Adjustment Findings . Further, no conditional use shall be approved unless after a public hearing the Board of Adjustment finds : ( 1 ) That such use is favorably recommended by the Planning Commission as being in keeping with the general purpose and intent of the comprehensive zoning ordinances of the City. (2 ) That the project is desirable and will be in keeping with the character of the proposed neighborhood , and that the project will not adversely affect the desirability or stability of the area in which it is located . A project may be denied as having an adverse impact solely on that basis where the project involves demolition of existing residential structures where: ( a) the demolition is unacceptable because it destroys viable housing stock , and/or ( b) the scale of demolition will result in an adverse effect on the residential character of the area. A project may also be denied if the scale is incompatible and will detract from the existing character of the area. In lieu of denial the Board may impose limits relating to demolition or scale . ( 3 ) The street system providing access to the property will not be adversely affected by the proposed use or that adequate -8- provisions can be made to correct adverse traffic .impacts and parking demands before the use is established . ( 4 ) That separate environmental impact statements or other studies are unnecessary or that after requred statements or reports are completed , it is so determined that there are no physical conditions applicable to the property and uses proposed that should make such uses improper to establish. (5 ) That there are no other competing circumstances in existence which should preclude approval of the conditional use . (6 ) In the event the Board approves the development, it shall have the power to impose any reasonable conditions deemed necessary to protect the neighborhood or to ensure operation of the development shall not adversely impact upon desirability or stability of the neighborhood . SECTION 4. That Section 51-19-3 of the Revised Ordinances of Salt Lake City, Utah 1965, as amended , relating to conditional uses in Residential "R-7" Districts be, and the same is hereby amended by AMENDING subsections (1 )- (4 ) for organization and ADDING certain medical facilities as additional conditional uses, which shall read as follows : Sec . 51-19-3 . Conditional uses. ( 1 ) In a residential "R-7" district, the Board of Adjustment may permit as a conditional use any conditional use permitted in a Residential "R-6" district, subject to the same restrictions applicable thereto, including the dispersal requirements contained in Section 51-18-7-(3 ) (A) . (2 ) The following additional uses may be allowed by the Board of Adjustment as a conditional use in an "R-7" District after favorable recommendation from the Planning Commission that the use is in keeping with the character of the neighborhood , and is desirable and providing adequate provisions for the people residing in the community, subject to general criteria established in (3 ) below. ( a) Offices, banks or other financial institutions and offices related uses, including concessions and services within the building outlined in Section 51-17-1( 15 ) . ( b) Parking lots as an adjunct to a permitted use which is intended to provide additional parking supplement- ing parking otherwise required by this title, and provided said parking lot meets all requirements as outlined in Section 51-6-5 and chapter 10 of title 51 . (c) Institutions for philanthropic and eleemosynary uses . ( d) Medical clinics, medical office buildings , outpatient emergency care centers , outpatient surgical centers. The hours of general operation of such uses are restricted to 7: 00 A.M . to 8: 00 P.M. Adequate provisions for emergency vehicle approach, parking for patients and staff , and unobtrusive s ignage shall be provided to the Board ' s satisfaction. -10- (3 ) General criteria - Board of Adjustment' s findings . Further, No conditional use above shall be approved by the Board of Adjustment unless after public hearing and favorable Planning Commission review of the proposed use the Board finds : ( a) The use will be in keeping with the character of the neighborhood and that the use will not adversely affect the neighborhood' s desirability or stability. A project may be denied as having an adverse impact solely on that basis where : ( i) the project involves demolition of existing residential structures where the demolition is unacceptable because it destroys viable housing stock ; and/or ( ii) the scale of demolition will result in an adverse effect on the residential character of the area. A project may also be denied if the scale is incompatible and will detract from the existing character of the area. In lieu of demolition, the Board may impose limits relating to demolition or scale . ( b) The street system providing access to the property will not be adversely affected by the proposed use or that adequate provisions can be made to correct adverse traffic impacts and parking demands before the use is established . ( c) That separate environmental impact statements or other studies are unnecessary or that after required statements or reports are completed , it so determined that there are no physical conditions applicable to the property and uses proposed that should make such uses improper to -11- establish. ( d) There are no other competing circumstances in existence which should preclude approval of the continued use . SECTION 5. That Section 51-19B-2 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to the Hospital "H" District be, and the same is hereby amended , by AMENDING Subsections 51-19B-2 ( 1) ( c) and ( e) to ADD as permitted uses medical office buildings, outpatient emergency care centers , outpatient surgical centers in the Hospital "H" District, which amendment shall read as follows : Sec . 51-19B-2. Use Regulations. In the Hospital "H" District, no building or premises shall be used and no building or structure shall be erected which is arranged , intended or designed to be used for other than one or more of the following principal or accessory uses . ( 1) Principal uses. The following principal uses are permitted in a Hospital "H" District : ( a) ( b) ( c) Medical clinics, outpatient surgical centers , outpatient emergency care centers without limitation on specific hours of operation, but excluding hospital functions of inpatient care , overnight care , or 24-hour operation unless complying with all applicable ordinances as -12- a hospital . ( d) * * * ( e) Medical office buildings. ( f) * * * SECTION 6. That Section 51-19C-2 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to residential/health services "R-H" District be, and the same hereby is amended , by AMENDING Subsections 51-19B-2 ( 1) ( b) and ( c) to add outpatient surgical centers , outpatient emergency care centers and medical office buildings as permitted uses in the Residential/Health Services "R-H" District, which amendment shall read as follows : Sec . 51-19C-2. Use Regulations. In the Residential/Health Services "R-H" District, no building or premises shall be used and no building or structure shall be erected which is arranged , intended or designed to be used for other than one or more of the following principal or accessory uses . ( 1) Principal uses. The following principal uses are permitted in the Residential/Health Services "R-H" District . ( a) * * * (b) Medical clinics, outpatient surgical centers and outpatient emergency care centers, provided hours of general operation are restricted to 7: 00 A.M . to 8: 00 P.M. ( c) Medical office buildings, provided hours of general operation are limited to from 7 : 00 A.M . to 8: 00 P.M. ( d) -13- SECTION 7. That Section 51-21-1 of the Revised Ordinances of Salt Lake City, Utah , 1965, relating to Business "B-3" District, be and the same hereby is amended , by AMENDING Subsection ( 1) to clarify that conditional uses in a Residential "R-7" District are permitted uses in a Business "B-3 " District, which amendment shall read as follows : Sec . 51-21-1 . Use Regulations . In a business "B-3 " district , no building or premises shall be used and no building shall be erected which is arranged , intended or designed to be used for other_ than one or more of the following uses : ( 1) Any use permitted in a residential "R-7" district, and any conditional use allowable in a residential "R-7" district , which use shall be permitted in a business "B-3 " district without compliance with the conditions or restrictions set forth in Section 51-19-3 (3 ) relating to conditional use permit approval by the Board of Adjustment . ( 2 ) (12 ) SECTION 8. This ordinance shall take effect upon its first publication . Passed by the City Council of Salt Lake City,Utah, this 4th day of March , 1986. CHAIRMA -14- ATTEST: _ r CITY R O Transmitted to Mayor on March 4, 1986 Mayor's action: March 4, 1986 /�� & MAYOR ATTEST: CIT ECjO T lz cc98 �.�..86_ March 19, 1986 -15- Affidavit of Publication STATE OF UTAH, ss. County of Salt Lake _ .................. ................................................... sYNOCsls oa SALT!AUKS CI iY+ ° i a $e"e"""Ntl 'Z i���gg�a �Cs i�laf cw.�cn ° °y„!.: Being first duly sworn, deposes and says that he/she is 'Osbn Caunt„at legal advertising clerk of the DESERET NEWS,a daily l�1gfdx.,�>hIel1MNRa aaxoPfed P g language with general a,ib'rt v a"'or/irn0wbces a> newspaper printed in the English It I.gkee9° fNh lobs a circulation in Utah, and published in Salt Lake City, ndeµ,-glulbq fi M egafal'°m r.Iafmarone o°I Salt Lake County,in the State of Utah. ,at.. T ds MnC nhmlef . 'nan°l,vL�°�nl °a� ^° That the legal notice of which a co is attached hereto r. IreTeMltx.roedi.1 uses; b PY byy��anbnml1qq, gaNis 18 19, 198,19C ana 41 of Me cWItV and add certain—dkm Synopsis of Salt Lake City Ordinance 21 :use!q!goue .canaxronal-. ......................................................................................... conmk fldfal arindpal.uses In"R•]" aMl M Perinxled J!a In ihe' "H"PR-PH"and"B-S"DIslrl f, ........... Coats!of a. ordlmIn nte h.Gyx[e9 .................................................................................. RacdMle sa fOMIFeW Raom 311. Cxy anb GouMYBulldpq,duf• ..----.-•-•.•••-••- tlna re"prular bue noes hours. .......................................................................... E!ahem Narct19,19seeflect G-97 ....................................................................I........................ ............................................................................................. was published in said newspaper on.................................. March 19, 1986 ....................... ry....................................... .......................... Le al Advertising Clerk Subscribed and sworn to before me this............2th..................................................day of .......A.4rT ql............................ A.D.19.... �.. -.t....................................... Notary Public My Commission Expires March 1 19aa....................... ®`�Q,4Y Ptj� Q.T. DAVIS 9 ,OFFS