025 of 1994 - Enacting Section 21.16.050 providing a temporary moratorium prohibiting the issuance of building perSALT LAKE CITY ORDINANCE
No. 25 of 1994
(Enacting Section 21.16.050 providing a
temporary moratorium prohibiting the issuance
of building permits for construction within the
Preservation "P-1" zoning district except for
certain specified developments already in process)
AN ORDINANCE ENACTING SECTION 21.16.050 OF THE SALT LAKE
CITY CODE PROVIDING A TEMPORARY MORATORIUM ON THE ISSUANCE OF
BUILDING PERMITS FOR CONSTRUCTION WITHIN THE PRESERVATION "P-1"
ZONING DISTRICT EXCEPT FOR CERTAIN SPECIFIED DEVELOPMENTS ALREADY
IN PROCESS.
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 19-9-404, Utah Code Annotated, 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 comprehensive modification of the building and siting
requirements for residential dwellings within the Preservation
"P-1" district including, but not limited to, a possible
modification of the slope upon which buildings are allowed and
other limitations on buildings located on prominent geographic
features such as ridge lines and hilltops; and
WHEREAS, the City Council has determined that allowing the
continuing construction and erection of structures within the
Preservation "P-1" district prior to adoption of the new
comprehensive regulations, except for certain specified
developments which are already being processed by the City, is
contrary to the City's Master Plan and the best interests of the
City and that the adverse effects of allowing any new
construction constitutes a compelling, countervailing public
interest which justifies a temporary moratorium; 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; and
WHEREAS, the City Council finds it appropriate to allow the
continuing development under existing Preservation "P-1"
standards of the following types of development already in
process:
A. Buildings for which a building permit has been issued
prior to May 9, 1994;
B. Proposed developments for which the City has entered
into a development agreement specifying applicable development
standards;
C. Subdivisions for which the Planning Commission has
granted approval prior to May 9, 1994; and
D. Proposed subdivisions within existing City boundaries
for which an application has been filed and which has not been
disapproved by the Planning Commission prior to May 9, 1994.
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THEREFORE, the City Council of Salt Lake City, Utah, hereby
enacts Section 21.16.050 of the Salt Lake City Code.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 21.16.050 be, and the same hereby
is, enacted to read as follows:
21.16.050. Temporary prohibition on new construction or
erection.
A. Pursuant to Section 10-9-404, Utah Code Annotated, the
City Council expressly finds that the adverse effects of allowing
the construction and erection of new residential dwellings except
for certain specified developments which are already being
processed by the City, while the City investigates a
comprehensive modification of the development standards within
this district, is not in the best interests of the City and
constitutes a compelling, countervailing public interest
sufficient to justify a six month prohibition.
B. The City Council further specifically finds that any
harm to private interests is de minimis and outweighed by the
City's interests in the new standards. Further, the City Council
finds that no developments, except for those specified in
subsection 21.16.050.D., have any right to develop under existing
Preservation "P-1" standards.
C. Permits shall not be issued, and construction or
erection of new residential dwellings shall not be allowed on any
land within this district until November 9, 1994.
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D. The provisions of this moratorium shall not apply to
the following specified developments:
1. Buildings for which a building permit has been
issued prior to May 9, 1994;
2. Proposed developments for which the City has
entered into a development agreement specifying applicable
development standards;
3. Subdivisions for which the Planning Commission has
granted approval prior to May 9, 1994; and
4. Proposed subdivisions within existing City
boundaries for which an application has been filed and which
has not been disapproved by the Planning Commission prior to
May 9, 1994.
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
loth day of May
ATTEST:
, 1994.
CHAIRPERSON
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Transmitted to Mayor on
Mayor's Action:
ATTEST:
C
EPUTY CITY 'E ORDER
•
(SE ,f jl mr, I:iH
Bill No� Q pet4.1"45--25 of 1994.
Published: May 19, 1994
May 10, 1994
XXX r . Approved
MAYOR
BRB:rc
5/9/94
G:\Ordina94\TempMora.BRB 5
Vetoed.