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HomeMy WebLinkAbout053 of 1992 - AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 21.40 OF THE SALT LAKE CITY CODE DEALING WITH THE0 92-1 0 92-10 SALT LAKE CITY ORDINANCE No. 53 of 1992 (Offices as conditional uses in the "R-7" Residential Zoning District pursuant to Petition #400-819-90) AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 21.40 OF THE SALT LAKE CITY CODE DEALING WITH THE "R-7" RESIDENTIAL ZONING DISTRICT AND ENACTING OTHER SECTIONS RELATING TO OFFICES AS A CONDITIONAL USE WITHIN THE DISTRICT PURSUANT TO PETITION #400- 819-90. WHEREAS, the City Council of Salt Lake City, Utah, has held public hearings before its own body and before the Planning Commission; and WHEREAS, the City Council believes it appropriate in the "R-7" Residential Zoning District to allow offices only as a conditional use and subject to the maintenance or construction of housing sufficient to maintain the mixed -use characteristic of the district. Now, therefore, it is hereby ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 21.40.020 be, and the same hereby is, amended to read as follows: 21.40.020 Permitted uses. In all R-7 residential districts, no buildings or premises shall be used or maintained and no building shall be erected or altered so as to be arranged, intended or designed to be used for other than any use permitted in an R-6 residential district, specified in Section 21.38.010, or its successor and as regulated therein except for conditional uses as provided below. SECTION 2. That Section 21.40.050 is hereby amended to read as follows: 21.40.050 Conditional uses. A. In an R-7 residential district, the Planning Commission may permit as a conditional use any conditional use permitted in an R-6 residential district, subject to the same restrictions applicable thereto, including the dispersal requirements in subsection Cl of Section 21.38.060, or its successor. B. The following additional uses may be allowed by the Planning Commission as a conditional use in an R-7 district if the Planning Commission finds that the use is in keeping with the character of the neighborhood, and is desirable and providing adequate provisions for the people residing in the community, subject to general criteria established in subsection C of this section: 1. Offices, banks or other financial institutions and offices related uses, including concessions and services within the building outlined in subsection E of Section 21.36.010, or its successor ("Conditional office uses") subject to the provisions of Section 21.40.060-.110. 2. Parking lots, as an adjunct to a permitted use which is intended to provide additional parking supplementing parking otherwise required by this title, and provided such parking lot meets all requirements as outlined in Section 21.78.070 and Chapter 21.86, or successor sections; 2 3. Institutions for philanthropic and eleemosynary uses; 4. Medical clinics, medical office buildings, outpatient emergency care centers, and outpatient surgical centers. The hours of general operation of such uses are restricted to seven a.m. to eight p.m. Adequate provisions for emergency vehicle approach, parking for patients and staff and unobtrusive signage shall be provided to the Commission's satisfaction. C. Planning Commission Approval Criteria. Further, no conditional use set out above in this section shall be approved by the Planning Commission unless after public hearing the Commission finds: 1. The use will be in keeping with the character of the neighborhood, and that he use will not adversely affect the neighborhood's desirability or stability. A project may be denied as having an adverse impact solely on that basis where (a) the project involves demolition of existing residential structures where the demolition is unacceptable because it destroys housing stock; and/or (b) the scale of demolition will result in an adverse effect on the residential character of the area. A project may also be denied if the scale is incompatible and will detract from the existing character of the area. In lieu of demolition, the Commission may impose limits relating to demolition or scale; 2. The street system providing access to the property will not be adversely affected by the proposed use, or that adequate 3 provisions can be made to correct adverse traffic impacts and parking demands before the use is established; 3. That separate environmental impact statements or other studies are unnecessary, or that after required statements or reports are completed, it is determined that there are no physical conditions applicable to the property and uses proposed that should make such uses improper to establish. SECTION 3. That Sections 21.40.060 - 21.40.0 0 are enacted to read as follows: 21.40.060 Conditional office use limitations. Construction of new structures for conditional office uses allowed within an R-7 Residential Zoning District pursuant to Section 21.40.050.B.1. is permitted only on land vacant as of the effective date of this ordinance or as a replacement structure for an existing non-residential structure. Construction of new conditional office uses is prohibited if such construction would require the demolition of a structure used for residential purposes as of the effective date of this ordinance. 21.40.070 Conversion of historic buildings. Structures recognized as significant on the Salt Lake City Architectural/Historical survey or listed on the City Historical Register may be converted to office use pursuant to the provisions of Sections 21.20.070 - .110 except that the approval consideration provided in those sections shall be made before the Planning Commission instead of the Board of Adjustment and that any appeal therefrom shall run to the City Council as provided in 4 Section 21.40.110 below. 21.40.080 Expansion of existing office use. Minor expansions that do not increase the number of employees using the structure, parking requirements or the intensity of the structures use are permitted. Any non -minor addition may be allowed only subject to the provision of Section 21.40.100 below. 21.40.090 Reconstruction of deteriorated or damaged buildings. Any structure used as of the effective date of this ordinance for what has been rendered by this ordinance non- conforming as a conditional office use and which has been allowed to deteriorate or which has been damaged by fire, explosion, act of God or an act of a public enemy shall not be repaired or rebuilt and the conditional use of such structure which existed at the time of such damage or destruction shall not be continued or resumed if the restoration cost exceeds 50% of the most recent full market value as indicated on the County Tax Assessment Rolls of the building or structure without compliance of the new construction with the mixed -use requirements specified in Section 21.40.100 below. 21.40.100 Mixed -use ratio. New conditional office use structures shall be built contemporaneously with the construction of residential use structures in a ratio as specified in the adopted master plan for the area. In the event that the adopted master plan does not specify any mixed -use ratio then no residential construction is 5 required. The required residential use shall be constructed on the same parcel of property or on contiguous parcels. 21.40.110 Appeals to the City Council. Any person aggrieved by any by any decision of the Planning Commission concerning this Chapter may appeal that decision to the City Council provided that such a petition for appeal is presented to the Council within 30 days after the filing of the Planning Commissions final decision. If the Redevelopment Agency of Salt Lake City is a party to the decision, the appeal shall be heard by the Board of Adjustment. SECTION 4. This ordinance shall take effect on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this 7 day of July , 1992 • ()ce..4. Chairperson 1� ATTEST: CIT R• �'`'tER Transmittedto the Mayor on July 14, 1992 Mayor's Action: Bill. 53 of 1992 Published: August 7, 1992 6