022 of 2005 - **Rescinded by the City Council June 14, 2005 by Ordinance 24 of 2005** 0 05-1
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RESCINDED BY THE CITY COUNCIL
JUNE 14, 2005
BY ORDINANCE 211- OF 2005
SALT LAKE CITY ORDINANCE
No. 22 of 2005
(Enacting Temporary Zoning Regulations for Issuance
of Building Permits for New Construction of, or Additions
to, Single and Two-Family Dwellings)
AN ORDINANCE ENACTING TEMPORARY ZONING REGULATIONS FOR
ISSUANCE OF BUILDING PERMITS FOR NEW CONSTRUCTION OF, OR
ADDITIONS TO, SINGLE AND TWO-FAMILY DWELLINGS.
WHEREAS, § 10-9a-101 et seq. Utah Code Annotated, 1953 authorizes the City
to enact ordinances for the use and development of land within the City; and
WHEREAS, § 10-9a-504, UTAH CODE ANN., authorizes 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, the City supports upgrading and refreshing of the housing stock and
recognizes the need for modernization and expansion of the City's housing stock to meet
our citizens' needs and desires; and
WHEREAS, a combination of economic factors, including increasing property
values, and social factors, including an increase in the size of the average single family
home, is causing an increase in expansion of existing homes, demolition of existing
homes and replacement with larger homes, and infill development that is inconsistent
with the scale of existing neighborhoods and the expectations and privacy interests of
property owners in the neighborhood; and
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WHEREAS, if not properly balanced, the foregoing developments will have a
long-term and potentially permanent adverse impact of the character of existing
neighborhoods to the detriment of the general welfare of the citizens of the City;
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. The City shall and hereby does enact the following temporary
zoning regulations:
TEMPORARY ZONING REGULATIONS FOR ISSUANCE OF
BUILDING PERMITS FOR NEW CONSTRUCTION OF,
OR ADDITIONS TO, SINGLE AND TWO-FAMILY DWELLINGS
A. Purpose. It is the purpose of this ordinance to regulate the issuance of
building permits for new construction of, demolition and replacement of, and additions to
single family and two-family residential dwellings in order to promote the health, safety,
morals and general welfare of the citizens of the City.
B. Finding of compelling, countervailing public interests. Pursuant to § 10-
9a-504, UTAH CODE ANN., the City Council finds that the long-term and potentially
permanent impact on the character of the City's residential neighborhoods from
development that is inconsistent in scale and mass constitutes a compelling,
countervailing public interest sufficient to justify the enactment of temporary zoning
regulations for a period of thirty(30) days.
C. Balancing of public vs.private interests. The City Council further finds
that any harm to private interests resulting from this temporary zoning regulation is
outweighed by the City's interest in protecting the City against the adverse impact of such
development.
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D. Regulations.
a. In-Line Additions. In the SR-1 District (Special Development
Pattern Residential District), all applications for in-line additions shall be made and
reviewed through the special exceptions process provided in SLCC Chapter 21A.52.
b. Historic Districts. No building permits shall be issued for
additions of enclosed habitable space, new construction or demolition within a local
historic district without approval of the Historic Landmark Commission and the issuance
of a Certificate of Appropriateness. For purposes of these temporary zoning ordinances,
the Historic Landmark Commission is authorized to grant such approval and issue such
certificate. This paragraph (b) shall be the exclusive process for building permits related
to property located in a historic district.
c. New Additions. Building permits for new additions to single and
two-family dwellings (including all in-line additions except those in SR-1 zones) may be
issued over the counter provided that:
(1) the foot print of the existing structure is increased by no
more than 50%;
(2) rear additions, if applicable, shall not exceed a depth of
fifty percent (50%) of the established depth of the existing
structure;
(3) the height of the addition shall not exceed the elevation of
the existing roof;
(4) the roof of the addition shall have a similar roof pitch as the
existing roof;
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(5) the addition conforms to the zoning standards of the
applicable zoning district;
(6) no part of the new addition encroaches into a required yard
area; and
(7) other new structures and obstructions do not encroach into
required yard area except if specifically authorized under
Zoning Ordinance Table 21 A.36.020B.
New additions not meeting the foregoing requirements shall be reviewed
under the process established by paragraph (e).
d. Demolition. If an existing single or two-family dwelling is
demolished in a single or two-family residential district to allow new construction of a
single or two-family dwelling, a building permit shall be issued only for a new dwelling
with the same or smaller building footprint, the same location and configuration of the
footprint, and the same or lower building height as the existing dwelling. The applicant
shall provide sufficient information to establish the size and location of the building
footprint and height of the existing structure. For purposes of these temporary zoning
regulations, demolition shall mean removal of more than fifty percent (50%) of the lineal
length of the exterior walls of the existing dwelling. The removal of less than 50% of the
above-grade square footage shall be considered to be a remodeling. An application for a
replacement dwelling with a larger or different building footprint or a greater building
height may be reviewed pursuant to the special exception process provided by SLCC
Chapter 21A.52.
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e. New Construction on Vacant Lots. Building permits for new
construction of single and two-family dwellings on vacant lots may be authorized
pursuant to the following process:
(1) Planning Director approval of new construction within new
subdivisions. The Planning Director may authorize the issuance of a building
permit when all of the following standards are met:
i. The proposed construction is compatible with the size and
scale of other single and two-family dwellings in the
general vicinity of the proposed new construction; and
ii. The proposed construction meets all Zoning Ordinance
requirements. If the Planning Director determines that the
proposed new construction does not meet the standards
listed above, the proposed new construction shall be
referred to the Board of Adjustment. Zoning Ordinance
standards found in Section 21A.52.060, will be the basis for
Board of Adjustment review.
iii. For purposes of these temporary zoning regulations, a new
subdivision shall mean a subdivision of at least 10
residential lots, recorded within the last 3 years. Any
residential property not located within a new subdivision
shall be considered to be located within an established
neighborhood.
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(2) Planning Director approval of new construction within established
neighborhoods. The Planning Director may authorize the issuance of a building
permit when all of the following standards are met:
i. Signatures have been obtained from 100% of the abutting
property owners (including property owners across a street
or alley);
ii. The proposed construction is compatible with the size and
scale of other single and two-family dwellings in the
general vicinity of the proposed new construction;
iii. The affected community council has been notified of the
proposed construction;
iv. The affected community council has not requested review
by the Board of Adjustment within 14 days of being
notified about the proposed new construction; and
v. The proposed new construction meets all Zoning Ordinance
requirements. If the Planning Director determines that the
proposed new construction does not meet the standards
listed above, the proposed new construction shall be
referred to the Board of Adjustment. Zoning Ordinance
standards found in Section 21A.52.060, will be the basis for
Board of Adjustment review.
(3) Planning Director referral of new construction request to the Board
of Adjustment.
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i. The Planning Director shall refer a request for new
construction of single and two-family dwellings to the
Board of Adjustment if the Planning Director determines
that the proposed new construction is not compatible with
the size and scale of other single and two-family dwellings
in the general vicinity of the proposed new construction; or
ii. The Planning Director may refer any request for new
construction of single and two-family dwellings to the
Board of Adjustment if the Planning Director determines
that the proposed new construction does not appear to be
routine or uncontested.
(4) Community councils have 14 days to review plans and submit
comments to the City or to request review by the Board of Adjustment. If no
comments are received from the affected community council within 14 days, it
will be assumed that the community council has no objection with the proposed
plans.
f. Accessory Buildings or Structures. Building permits for any
demolition, rebuilding new construction or expansion of any accessory building in an
area zoned for single or two-family dwellings shall be the same as those set forth above
for the demolition, rebuilding or expansion of a single or two-family dwelling.
E. Length of temporary zoning regulations. These temporary zoning
regulations shall remain in effect for a period of thirty(30) days from the effective date of
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this ordinance. Within such period of time, these temporary zoning regulations maybe
expressly superseded in whole or in part by ordinances passed by the City Council.
F. Penalties for violation. Construction or demolition activity undertaken
without obtaining a permit and/or certificate in compliance with these temporary zoning
regulations shall be penalized by a double permit fee and a$500 civil fine.
SECTION 2. 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 9th day of ,Tipp ,
/
2005.
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�G �" t ol, ab
CHAIRPER ON
ATTEST AND COUNTERSIGN:
I :;tee. ::fY
. Of.' '''.-.,,A ..,
F DEPUTY C EC RDER sib , ,-,C ')
:.
Transmitted to Mayor on June 10, 2005 i s0;;; -,4Jt a
Mayor's Action: X Approved. Vetoed:
AYOR
C F DEPU Y TY R C RDER
(SEAL) '?°''":-`-' .=`i ..,,,s 70„=®rim
wkli t..,. ry
le's off/
Bill No. 22 of 2005. :.:/_.,_
Published: T„ne 15, 7005 •
G.Ordinance 05\Enacting temp zoning regs-final 060905 doc
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