049 of 2007 - enacting temporary land use regulations regarding conditional use permits on residentially zoned pro 0 07-i
0 07-22
SALT LAKE CITY ORDINANCE
No. 49 of 2007
(An Ordinance Enacting Temporary Land Use Regulations
Regarding Conditional Use Permits on Residentially Zoned Properties
and on Properties Abutting Residentially Zoned Areas Throughout the City)
AN ORDINANCE ENACTING TEMPORARY LAND USE REGULATIONS
REGARDING CONDITIONAL USE PERMITS ON RESIDENTIALLY ZONED PROPERTIES
AND ON PROPERTIES WHICH ABUT RESIDENTIALLY ZONED AREAS THROUGHOUT
THE CITY.
WHEREAS, Section 10-9a-504 of the Utah Code allows cities, without a public hearing,
to enact ordinances establishing temporary land use regulations for any part or all of the City if
the City Council makes a finding of compelling, countervailing public interest; and
WHEREAS, Section 10-9a-504 of the Utah Code. allows the City in a temporary land use
regulation to prohibit or regulate the erection, construction, reconstruction or alteration of any
building or structure; and
WHEREAS, when the Salt Lake City Zoning Code was adopted in April 1995, it was
assumed that the City had broad discretion in determining whether to grant or deny a conditional
use permit; and
WHEREAS, the Municipal Land Use, Development, and Management Act, Title 10,
Chapter 9a, Utah Code Ann., was amended in 2005, limiting the City's discretion as to
conditional use permits; and
WHEREAS, the Table of Permitted and Conditional Uses adopted by the City in its
zoning code was based upon the more discretionary standard; and
WHEREAS, under current state law, the City's criteria for conditional uses are
inadequate and lack specificity, and the City needs to review and revise its Table of Permitted
and Conditional Uses for residential areas to better define what uses are allowed, conditional, or
not allowed in those areas; and
WHEREAS, it is necessary to clarify the powers, duties, and responsibilities of land use
related Boards and Commissions under current state law with regard to conditional uses; and
WHEREAS, due to escalating land values and increasing development pressures, there is
a substantial risk that the City may be required by state law to approve conditional use
applications which under the current criteria may not be compatible with residentially zoned
areas, and which would damage the character of those residential neighborhoods; and
WHEREAS, the City Council has serious concerns regarding the need to protect the
residential neighborhoods of the City and to preserve the character of those areas from
incompatible land uses; and
WHEREAS, since under the City's zoning ordinances, conditional use permits run with
the land, the approval of a conditional use application which may be inappropriate for a
residentially zoned area would result in a long term, and perhaps irreversible, detrimental impact
upon those residential neighborhoods; and
WHEREAS, the City finds that the need to provide greater protection for the residential
neighborhoods in the City constitutes a compelling, countervailing public interest which justifies
a temporary land use regulation; and
WHEREAS, the City Council finds that the City's interest in adopting these temporary
land use regulations outweighs any private interest in developing under other existing standards;
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NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Finding of compelling, counter-veiling public interest. Pursuant to Section
10-9a-504 of the Utah Code., the City Council expressly finds that the risk of a long term
detrimental impact upon its residential neighborhoods resulting from the potential approval of
inappropriate conditional use applications constitutes a compelling, countervailing public interest
sufficient to justify these temporary land use regulations.
SECTION 2. Balancing of Public vs. Private Interests. The City Council further finds
that any harm to private interests is de minimus and is outweighed by the City's interest in
maintaining the character of its existing residential neighborhoods while the City Council
reviews and evaluates specific proposals for changes to the table of permitted and conditional
uses for residential zoning districts and the City's conditional use regulations. The City Council
finds that no conditional use application which has not received final approval from the City
prior to 5:00 p.m. on July 17, 2007, in full compliance with existing zoning regulations, other
City ordinances and requirements applicable to new construction, has any right to develop under
those existing regulations.
SECTION 3. Temporary zoning regulations. Notwithstanding any other ordinance
which the City Council may have adopted which may provide otherwise, during the period of this
temporary land use regulation, the City shall not accept, process or approve any application for a
conditional use permit for any property in a residential zoning district, or for any property which
abuts a residentially zoned district.
SECTION 4. Boundaries. This temporary land use regulation shall apply to all
properties within the City.
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SECTION 5. Duration. These temporary land use regulations shall remain in effect for
a period of six months from the effective date of this ordinance, or until the effective date of the
City Council's action adopting revisions to the City's table of permitted and conditional uses for
residential districts and revisions to the City's conditional use regulations, whichever occurs first.
SECTION 6. Exemptions. These temporary land use regulations prohibiting the
acceptance, processing or approval of any conditional use applications shall not apply to
applications for planned developments or for public or private utility facilities or utility
structures. Accordingly, any application for a planned use development and for public or private
utility facilities or utility structures may continue to be filed, processed and decided
notwithstanding the teiins of these temporary land use regulations.
SECTION 7. Effective date. This ordinance shall become effective upon publication.
Passed by the City Council of Salt Lake City, Utah, this 17 day of July, 2007.
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--6IAIRPERSON
ATTEST:
APPROVED AS TO FORM
C F DEPUT C Y RECOR ER Salt Lake City iorney'$Office
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By
Transmitted to Mayor on July 25, 2007
Mayor's Action: Approved. Vetoed.
MAYOR
ATTEST:
CHIEF DEPUTY ITY R ORDER `'`,
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Bill No. 49 of 2007.
Published: July 18, 2007
s"" ;IS Office
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HB_A I I Y- 99-1-v I-Enacting_Temporary_Land_Use_Regulations.DOC
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