004 of 1989 - Amending Section 21.78.110 to Allow Conditional Charitable Uses in Closed Churches & Schools • O 89-1
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SALT LAKE CITY ORDINANCE
No. 4 of 1989
(Amending Section 21 . 78. 110 to allow conditional
charitable uses in closed churches and schools)
AN ORDINANCE AMENDING SECTION 21.78. 110 OF THE SALT LAKE
CITY CODE DEALING WITH CONDITIONAL USES IN CLOSED CHURCHES AND
SCHOOLS.
WHEREAS, the City Council of Salt Lake City has heard
evidence that as the City' s neighborhoods have matured, some of
the institutional support facilities, such as churches and
schools, may not be presently needed for those uses; and
WHEREAS, as the neighborhoods evolve with the influx of new
young families, these support facilities may become necessary in
the future; and
WHEREAS, the City Council believes it is important to
preserve the church and school facilities should they be needed
in the future while still retaining the essential character of
the neighborhood; and
WHEREAS, the City Council has held hearings before its own
body and before the Planning Commission concerning
recommendations designed to solve this problem;
NOW, THEREFORE, be it ordained by the City Council of Salt
Lake City, Utah:
SECTION 1. That Section 21. 78. 110 of the Salt Lake City
Code dealing with conditional nonschool uses of schools be, and
the same hereby is amended to read as follows:
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21.78.110 Conditional use of temporarily closed
schools and churches.
A. Conditional use. As a conditional use, the Planning
Commission may permit schools which have been temporarily closed,
schools with reduced enrollment, or churches which have been
temporarily closed due to an insufficient sized congregation to
be used on a temporary basis for office space or educational
purposes for public or private charities.
B. Application. Applications for conditional uses under
this section shall be filed with the Planning and Zoning
Commission. Such application shall include detailed information
concerning the criteria specified in Section F below.
C. Hearing and burden of proof. The Planning Commission
shall hold an informal hearing on applications for conditional
uses under this section. The burden of proof shall be on the
applicant to present evidence as specified below that the
proposed conditional use will be in keeping with the
neighborhood. The Planning Commission shall have the authority
to deny the use if, in its determination, the applicant has not
demonstrated that such use would be in keeping with the
neighborhood, the uses authorized by the zoning code or existing
in the neighborhood, or would not be in keeping with the
standards set forth below.
D. Notices. Prior to the informal hearing before the
Planning Commission, the Planning Division shall send notices of
the hearing to all property owners and others residing within six
hundred feet of the proposed conditional use at least ten days in
advance of the informal hearing.
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E. Neighborhood participation. The applicant shall take
reasonable steps to review the project and provide information to
the local community council, neighborhood council or neighboring
residents and receive their comments prior to submittal of the
application to the Planning Commission. Evidence of the efforts
made by the applicant to obtain neighborhood comment and evidence
of neighborhood opinion or comment on the proposed conditional
use shall be submitted with the conditional use application.
F. Approval criteria. The Planning and Zoning
Commission may authorize the issuance of a permit for the
proposed conditional use if it finds from balancing the factors
and criteria below that the proposed conditional use
substantially supports the desirable development pattern for the
area. The factors and criteria to be considered include:
1. Evidence that the proposed use at the particular
location is necessary or desirable to provide a service or
facility that will contribute to the general well-being of the
neighborhood and community;
2. Evidence that the proposed use will not, under
the circumstances of the particular case, be detrimental to the
health, safety or general welfare of persons residing or working
in the vicinity, or injurious to property or improvements in the
vicinity;
3. Evidence of the proposed conditional use' s impact
on adjoining properties;
4. Evidence that the proposed conditional use has
received a favorable recommendation for parking and traffic
issues from the Salt Lake City Transportation Engineer;
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5. Evidence of any proposed demolition of adjacent
residential structures in conjunction with modifying the existing
use to the proposed conditional use;
6. Evidence of the proposed use plan including:
a. Hours and days of operation;
b. Evidence of noise, odor or vibration
emissions;
c, Evidence of the number of classes, including
hours taught, days taught and the expected class size;
d. Average number of clients per day and the
frequency of turnover of the clients;
e. Number of employees, staff or volunteers,
both total and expected to be on the premises at any given
time;
7. Evidence that the proposed use will be in keeping
with the character of the neighborhood, in that the use will not
adversely affect the neighborhood' s desirability or stability or
be in conflict with the City' s adopted long-range planning
policies or master plans;
8. Evidence that the proposed conditional use has
received a favorable recommendation from the Public Utilities
Department concerning any changes in utilization of the Public
Utilities facilities occasioned by the change in use; and
9 . Evidence from a traffic generation study
identifying impacts on the neighborhood transportation system.
G. Building plans. As part of the application, the
applicant shall provide a site plan drawn to scale showing
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existing structures, auxiliary buildings, existing parking and
landscaping, and any proposed changes to the site. In converting
the existing facility to the proposed conditional use, no major
exterior or interior alterations of the building shall be made
which renders the building incompatible with a return to its use
as a school or church.
H. Prohibition. No provision of this section shall be
construed to allow any use in a closed school or church for
retail, residential or industrial purposes or any use involving
any type of correctional or institutional facility.
I. Ownership. The school board or church shall remain
the owner of the property during the period of time for which the
conditional use is granted and any change of ownership away from
the school board or church shall immediately cause the
conditional use to terminate.
J. Automatic termination of use. If the school board or
church group determines that no future public or religious use
will be made of the building as a public school or church, the
conditional use as granted under this section shall immediately
cease and the property shall thereafter be used only for uses
permitted in the zoning district.
K. Temporary use. The conditional uses provided by this
section shall be temporary only. The time of such use shall be
subject to the decision of the Planning Commission based on its
consideration of the criteria specified in Section G above. The
Planning Commission may authorize the conditional use for a
period not to exceed five years which may be renewed for
additional periods not in excess of five years.
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L. Termination for excess use. If the Planning
Commission determines that the conditional use is being used
substantially in excess of the plan for use submitted pursuant to
subsection G. 6 above, the Planning Commission may, after an
informal hearing, revoke the conditional use if it determines
that the excess use is having a negative impact on the
neighborhood.
SECTION 2. This ordinance shall take effect on the date of
its first publication.
Passed by the City Council of Salt Lake City, Utah, this
14th day of February 1989
C PER N
ATTEST:
CIT REC R _
Transmitted to the Mayor on February 14, 1989 g�Mayor' s Action: IZ14189 Approved Vetoed.
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MAYOR
ATTEST:
CnY RE R ER
BRB:PP
( FAL)
B;!14 a 4.—of, 19 89
Rlbfis W: February 21, 1989
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