050 of 2007 - Enacting temporary land use regulations for above ground streambed corridors 0 07-1
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SALT LAKE CITY ORDINANCE
No. 50 of 2007
(An Ordinance Enacting Temporary Land Use Regulations
for Non-ephemeral Above Ground Streambed Corridors)
AN ORDINANCE ENACTING TEMPORARY LAND USE REGULATIONS FOR NON-
EPHEMERAL ABOVE GROUND STREAMBED CORRIDORS
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, under the Salt Lake City Zoning Code, adopted in 1995, only a limited
number of the City's watercourses, lakes, ponds, floodplains and wetland areas are designated as
lowland protection areas protected by the Lowland Conservancy Overlay District; and
WHEREAS, protection and preservation of streambed corridors within the City promotes
the public health, safety and general welfare of present and future City residents; and
WHEREAS, due to escalating land values and increasing development pressures
throughout the City, the City Council is concerned that current City zoning regulations,
particularly relating to development setbacks within streambed corridors, are insufficient to
adequately protect and preserve the City's streambed corridors; and
WHEREAS, the City finds that is necessary to establish temporary non-buildable setback
requirements to protect streambed corridors while the City evaluates the current zoning
regulations and requirements to determine what level of protection is required in light of current
development pressures; and
WHEREAS, the City finds that these temporary land use regulations will minimize
erosion, stabilize stream banks, protect water quality, preserve fish and wildlife habitat, and
preserve aesthetic values of natural watercourses and wetlands areas; and.
WHEREAS, the City finds that the need to provide greater protection for streambed areas
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;
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, Utah Code Ann., the City Council expressly finds that protecting stream bed corridors
and other lowland protection areas from increasing development pressures 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
protecting and preserving the City's streambed corridors and lowland protection areas while the
City Council reviews and evaluates changes to the current zoning requirements. The City
Council finds that any land use application for any subdivision, permit or other land use approval
on any property located adjacent to any non-ephemeral above ground stream bed corridor or
located adjacent to any Lowland Conservancy Overlay District that has not received final
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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, have
no right to develop under the existing regulations but are instead subject to this temporary land
use regulation.
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, any development, modification, alteration or enlargement of any
building or structure on property located adjacent to any non-ephemeral streambed corridor, or
located adjacent to any Lowland Conservancy Overlay District, shall not be accepted, processed
or approved without a minimum 100 foot setback measured from the top of the stream bank.
SECTION 4. Boundaries. This temporary land use regulation shall apply to all
properties located adjacent to any non-ephemeral above ground stream bed corridor or adjacent
to the Lowland Conservancy Overlay District.
SECTION 5. Exemptions. This temporary land use regulation shall not apply to the
construction, installation, modification, alteration or enlargement of fences located adjacent to
any non-ephemeral streambed corridor, or location adjacent to any Lowland Conservancy
Overlay District, which shall continue to be subject to existing minimum setback requirements.
SECTION 6. 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 zoning regulations concerning streambed
corridors and the Lowland Conservancy Overlay District, whichever occurs first.
SECTION 7. Effective date. This ordinance shall become effective upon publication.
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Passed by the City Council of Salt Lake City, Utah, this 17 day of July, 2007.
f‘Z
CHAIRPERSON
ATTEST:
CHIEF DEPU CI RE O E
Transmitted to Mayor on July 25, 2007
Mayor's Action: AV Approved. Vetoed.
MAYOR
ATTEST: ` t. t�"
I
>C'r IEF ITY REC =_
(SEAL) APPROVED AS 10 FORM
Bill No. 50 of 2007. Solt Lake City fffomey's Office
Published:July 31, 2007 Date ,7 / /6
0 I 14 Z ,
HB ATTN.Y 1098
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