056 of 2014 - Initiation of Zoning Amendments & Procedures for the Planning & Historic Landmark Commission 0 14-1
P 14-13
SALT LAKE CITY ORDINANCE
No. 56 of2014
(Amending various sections of the Sall Lake City Code pertaining to
initiating zoning ordinance text amendments,procedural regulations governing
the planning commission and historic landmark commission,and
striking text concerning a nonexistent committee)
An ordinance amending Sections 21A.06.030,21A.06.050,21A.46.120 and Chapter
21A.50 of the Salt Lake City Code to revise the process for initiating land use ordinance text
amendments,to modify planning commission and historic landmark commission procedures,and
to omit language concerning a nonexistent committee pursuant to Petition No.PLNPCM2013-
00741.
WHEREAS,the Salt Lake City Planning Commission held a public hearing on January
22,2014 on an application submitted by the planning commission to amend Chapter 21 A.50
(Zoning:Amendments)of the Salt Lake City Code to revise the process for initiating land use
ordinance text amendments pursuant to Petition No.PLNPCM2013-00741,and consolidating
into that petition a petition by the Salt Lake City Council to amend Sections 21A.06.030
(Zoning:Decision Making Bodies and Officials:Planning Commission),21A.06.050(Zoning:
Decision Making Bodies and Officials:Historic Landmark Commission),and 21A.46.120.E
(Zoning:Signs:Sign Regulations for Special Purpose Districts:Sign Type,Size and Height
Standards for the PL,PL-2 and I Districts),to modify planning commission and historic
landmark commission procedures and to omit language concerning a nonexistent committee;and
WHEREAS,at its January 22,2014 meeting,the planning commission voted in favor of
forwarding a positive recommendation to the Salt Lake City Council on said petitions;and
WHEREAS,after a public hearing on this matter the city council has determined that
adopting this ordinance is in the city's best interests.
NOW,THEREFORE,be it ordained by the City Council of Salt Lake City,Utah:
SECTION 1. Amending Section 21 A.06.030 of Salt Lake City Code. That Section
21A.06.030 of the Salt Lake City Code(Zoning:Decision Making Bodies and Officials:Planning
Commission),shall be,and hereby is,amended to read as follows:
21A.06.030:PLANNING COMMISSION:
A. The provisions of Chapter 2.07 of this title shall apply to the Planning Commission
except as otherwise set forth in this section.
B. Creation:The planning commission is created pursuant to the enabling authority
granted by the municipal land use development and management act of the Utah
Code.
C. Jurisdiction and Authority:The planning commission shall have the following powers
and duties in connection with the implementation of this title:
I. Prepare and recommend to the city council for adoption,a comprehensive,
general plan and amendments to the general plan for the present and future needs
of the city and the growth and development of the land within the city or any part
of the city;
2. Make compr ehensive surveys and studies of the existing conditions and trends of
growth and of the probable future requirements of the city and its residents as part
of the preparation of the general plan;
3. I nitiate amendments to the text of this title and to the zoning map pursuant to the
provisions of Chapter 21A.50 of this title;
4. Review,evaluat e and make recommendations to the city council on proposed
amendments to this title pursuant to the procedures and standards set forth in
Chapter 21A.50 of this title;
5. Review,hea r and decide applications for conditional uses,including planned
developments,pursuant to the procedures and standards set forth in Chapters
21 A.54,"Conditional Uses",and 21A.55,"Planned Developments",of this title;
6. Hear and decide appeals from administrative hearing decisions of the planning
director;
7. Hear and decide applications for subdivision amendments and approvals pursuant
to the Municipal Land Use Development and Management Act,Title 10,Chapter
9a of the Utah Code Annotated;
8. Authorize special exceptions to the terms of this tit le pursuant to the procedures
and standards set forth in Chapter 21 A.52,"Special Exceptions",of this title;and
9. Make dete rminations regarding the existence,expansion or modification of
nonconforming uses and noncomplying structures pursuant to the procedures and
standards set forth in Chapter 21A.38,"Nonconforming Uses and Noncomplying
Structures",of this title.
D. Membership:The planning commission shall consist of at least nine(9)up to a
maximum of eleven(11)voting members,appointed from among qualified electors of
the city in a manner providing balanced geographic,professional,neighborhood and
community interests representation.
1. The director o f the planning division(or the planning director's designated
representative)shall serve as an ex officio member without vote.
2. Appointment to a positio n created by any vacancy shall not be included in the
determination of any person's eligibility to serve two(2)consecutive full terms.
E. Meetings:The planning commission shall meet at least once each month.
F. Commission Action:A simple majority of the voting members present at the meeting
at which a quorum is present shall be required for any action taken.The decision of
the planning commission shall become effective upon the posting of the record of
decision.
G. Public Hearings:The planning commission shall schedule and give public notice of
all public hearings pursuant to the provisions of Chapter 21A.10,"General
Application and Public Hearing Procedures",of this title.
H. Conflicts of Interest:The planning commission may,by majority vote of the members
present,allow a member,otherwise required to leave due to a conflict,to be present if
required by special or unusual circumstances.
I. Removal of a Member:Any member of the planning commission may be removed by
the mayor for violation of this title or any policies and procedures adopted by the
planning commission following receipt by the mayor of a written complaint filed
against the member.If requested by the member,the mayor shall provide the member
with a public hearing conducted by a hearing officer appointed by the mayor.
J. Policies and Procedures:The planning commission shall adopt policies and
procedures for the conduct of its meetings,the processing of applications and for any
other purposes considered necessary for its proper functioning.
SECTION 2. Amending Section 21A.06.050 of Salt Lake City Code. That Section
21A.06.050 of the Salt Lake City Code(Zoning:Decision Making Bodies and Officials:Historic
Landmark Commission),shall be,and hereby is,amended to read as follows:
21A.06.050:HISTORIC LANDMARK COMMISSION:
A. The provisions of Chapter 2.07 of this title shall apply to the historic landmark
commission except as otherwise set forth in this section.
B. Creation:The historic landmark commission was created pursuant to the enabling
authority granted by the Historic District Act,Section 11-18-1 et seq.,of the Utah Code
Annotated,1953(repealed),and continues under the authority of the Land Use
Development and Management Act,Utah Code Chapter 10-9a.
C. Jurisdiction and Authority:The historic landmark commission shall:
1. Review and app rove or deny an application for a certificate of appropriateness
pursuant to the provisions of Chapter 21A.34 of this title;
2. Participate in public educ ation programs to increase public awareness of the value of
historic,architectural and cultural preservation;
3. Review and app rove or deny applications for the demolition of structures in the H
Historic Preservation Overlay District pursuant to Chapter 21A.34 of this title;
4. Recommend to the plann ing commission the boundaries for the establishment of an H
historic preservation overlay district and landmark sites;
5. Make re commendations when requested by the planning commission,the hearing
officer or the city council,as appropriate,on applications for zoning amendments and
conditional uses involving H historic preservation overlay districts and landmark
sites;
6. Review an d approve or deny certain special exceptions for properties located within
an H historic preservation overlay district.The certain special exceptions are listed as
follows:
a. Building wall height;
b. Accesso ry structure wall height;
c. Accessory structure square footage;
d. Fenc e height;
e. Overall building and accessory structure height;
f. Signs pursuant to Section 21A.46.070 of this title;and
g. Any modification to bulk and lot regulations of the underlying zoning district
where it is found that the underlying zoning would not be compatible with the
historic district and/or landmark site.
7. Make re commendations to the planning commission in connection with the
preparation of the general plan of the city;and
8. Make re commendations to the city council on policies and ordinances that may
encourage preservation of buildings and related structures of historical and
architectural significance.
D.Membership:The historic landmark commission shall consist of not less than seven(7)
nor more than eleven(1 1)voting members appointed in a manner providing balanced
geographic,professional,neighborhood and community interests representation.
Appointment to a position created by any vacancy shall not be included in the
determination of any person's eligibility to serve two(2)consecutive full terms.
E. Qualifications of Members:Each voting member shall be a resident of the city interested
in preservation and knowledgeable about the heritage of the city.Members shall be
selected so as to ideally provide representation from the following groups of experts and
interested parties whenever a qualified candidate exists:
1. At least two(2)a rchitects,and
2. Citi zens at large possessing preservation related experience in archeology,
architecture,architectural history,construction,history,folk studies,law,public
history,real estate,real estate appraisal,or urban planning.
F. Meetings:The historic landmark commission shall meet at least once per month or as
needed.
G. Commission Action:A simple majority of the voting members present at a meeting at
which a quorum is present shall be required for any action taken.The decision of the
historic landmark commission shall become effective upon the posting of the record of
decision.
H. Public Hearings:The historic landmark commission shall schedule and give public notice
of all public hearings pursuant to the provisions of Chapter 21 A.10 of this title.
I. Removal of a Member:Any member of the historic landmark commission may be
removed by the mayor for violation of this title or any policies and procedures adopted by
the historic landmark commission following receipt by the mayor of a written complaint
filed against the member.
J. Policies and Procedures:The historic landmark commission shall adopt policies and
procedures for the conduct of its meetings,the processing of applications and for any
other purposes considered necessary for its proper functioning.
SECTION 3. Amending Chapter 21A.050 of Salt Lake City Code. That Chapter 21A.50 of
the Salt Lake City Code(Zoning:Amendments),shall be,and hereby is,amended to read as follows:
Chapter 21A.50
AMENDMENTS
21A.50.010:PURPOSE STATEMENT:
21A.50.020:AUTHORITY:
21A.50.030:INITIATION:
21A.50.040:PROCEDURE:
21A.50.050:STANDARDS FOR GENERAL AMENDMENTS:
21A.50.060:LIMITATION ON AMENDMENTS:
21A.50.070:APPEAL OF DECISION:
21A.50.010:PURPOSE STATEMENT:
The purpose of this chapter is to provide standards and procedures for making
amendments to the text of this title and to the zoning map.This amendment process is not
intended to relieve particular hardships nor to confer special privileges or rights upon any
person,but only to make adjustments necessary in light of changed conditions or changes
in public policy.
21A.50.020:AUTHORITY:
The text of this title and the zoning map may be amended by the passage of an ordinance
adopted by the city council in accordance with the procedures set forth in this chapter.
21A.50.030:INITIATION:
Amendments to the text of this title or to the zoning map may be initiated by filing an
application for an amendment addressed to the planning commission.Applications for
amendments may be initiated by the mayor,the city council,the planning commission,or
the owner of the property included in the application,or the property owner's authorized
agent.Applications related to H historic preservation overlay districts or landmark sites
shall be initiated as provided in Chapter 21 A.34 of this title.
21A.50.040:PROCEDURE:
An amendment to the text of this title or to the zoning map initiated by any of the
methods described in Section 21 A.50.030 of this chapter shall be processed in accordance
with the following procedures:
A. Application:An application shall be made to the zoning administrator on a form or
forms provided by the office of the zoning administrator,which shall include at least
the following information:
1. A statement of the text amendment or map amend ment describing the purpose for
the amendment and the exact language,boundaries and zoning district;
2. Street address and legal description of the property;
3. A complete desc ription of the proposed use of the property where appropriate;
4. Site plans drawn to scale (where applicable);and
5. Re lated materials or data supporting the application as may be determined by the
applicant and the zoning administrator.
B. Fees:The application for an amendment shall be accompanied by the fee shown on
the Salt Lake City consolidated fee schedule.Applications filed by the city council,
the planning commission,or the mayor shall not require the payment of any fees.
C. Determination of Completeness:Upon receipt of an application for an amendment,
the zoning administrator shall make a determination of completeness pursuant to
Section 21 A.10.010,"General Application Procedures",of this title.
D. Staff Report:A staff report evaluating the amendment application shall be prepared
by the planning director.
E. Planning Commission Public Hearing:The planning commission shall schedule and
hold a public hearing on the completed application in accordance with the standards
and procedures for conduct of the public hearing set forth in Chapter 21 A.10,
"General Application and Public Hearing Procedures",of this title.
F. Planning Commission Decision:Following the public hearing,the planning
commission shall recommend approval or denial of the proposed amendment or the
approval of some modification of the amendment and shall then submit its
recommendation to the city council.
G. City Council Hearing:The city council shall schedule and hold a public hearing to
consider the proposed amendment in accordance with the standards and procedures
for conduct of the public hearing set forth in Chapter 21 A.10,"General Application
and Public Hearing Procedures",of this title.
H. City Council Decision:Following the hearing,the city council may adopt the
proposed amendment,adopt the proposed amendment with modifications,or deny the
proposed amendment.However,no additional land may be zoned to a different
classification than was contained in the public notice,and no land may be rezoned to
a less restricted classification,without new notice and hearing.
21A.50.050:STANDARDS FOR GENERAL AMENDMENTS:
A decision to amend the text of this title or the zoning map by general amendment is a
matter committed to the legislative discretion of the city council and is not controlled by
any one standard.
A. In making its decision concerning a proposed text amendment,the city council should
consider the following factors:
1. Whether a proposed text amendment is consistent with the purposes, goals,
objectives,and policies of the city as stated through its various adopted planning
documents;
2. Whether a proposed text amendment furthe rs the specific purpose statements of
the zoning ordinance;
3. Whether a proposed text amendment is consistent with the purposes and
provisions of any applicable overlay zoning districts which may impose additional
standards;and
4. The extent to which a pr oposed text amendment implements best current,
professional practices of urban planning and design.
B. In making a decision to amend the zoning map,the city council should consider the
following:
1. Whether a proposed map amendment is consistent with the purposes,goals,
objectives,and policies of the city as stated through its various adopted planning
documents;
2. Whether a proposed map amendment furthers the specific purpose statements of
the zoning ordinance;
3. The extent to which a pr oposed map amendment will affect adjacent properties;
4. Whether a proposed map amendment is consistent with the purposes and
provisions of any applicable overlay zoning districts which may impose additional
standards;and
5. The adequ acy of public facilities and services intended to serve the subject
property,including,but not limited to,roadways,parks and recreational facilities,
police and fire protection,schools,stormwater drainage systems,water supplies,
and wastewater and refuse collection.
21A.50.060:LIMITATION ON AMENDMENTS:
No application for an amendment to this title shall be considered by the city council or
the planning commission within one year of the withdrawal by the applicant or final
decision of the city council upon a prior application covering substantially the same
subject or substantially the same property.This determination shall be made by the
zoning administrator upon receipt of an application pursuant to Section 21A.50.030 of
this chapter.This provision shall not restrict the mayor,the city council,or the planning
commission from proposing any text amendment or change in the boundaries of any of
the districts in this title at any time.
21A.50.070:APPEAL OF DECISION:
Any party adversely affected by the decision of the city council may,within thirty(30)
days after such decision,file an appeal to the district court pursuant the Municipal Land
Use Development and Management Act,Section 10-9-1001,of the Utah Code Annotated.
SECTION 4. Amending Section 21A.46.120.E.4.b of Salt Lake City Code. That
Section 21 A.46.120.E.4.b of the Salt Lake City Code(Zoning:Signs:Sign Regulations for
Special Purpose Districts:Sign Type,Size and Height Standards for the PL,PL-2 and I
Districts:Standards for the Ballpark Located on the Southeast Corner of 1300 South and
West Temple),shall be,and hereby is,amended to read as follows:
b. Standards for the Ballpark Located on the Southeast Corner of 1300 South and West
Temple:Flat signs,construction signs,political signs,real estate signs,new
development signs,window signs,public safety signs,and nameplates shall comply
with the table for standards for the PL,PL-2 and I districts.
Maximum
Height
Types of of
Signs Maximum Area Freestanding Minimum Number of
Permitted Per Sign Face Signs' Setback2 Signs Permitted
Awning 1 square foot per See note 1 May extend 6 1 per first floor
signs linear foot of feet from face door/window and not to
awning of building,2 extend beyond 1 foot on
feet from back each side of the door or
of curb faces window width
Monument 60 square feet of 8 feet 10 feet 1 per building frontage
signs34 total sign face
area including a
base.The base
shall be 25%of
the sign height
Pole signs 180 square feet 30 feet No sign 1 pole sign which allows 4
(triangle per gross sign projection over sign panels per sign face,1
frame face.540 square the property of which may be an
structure) feet for the line electronic changeable copy
structure sign and 1 logo sign(12
total signs for the
triangular pole sign)
Private 8 square feet of 4 feet 2 feet behind 2 per driveway approach
directional total sign face property lines and as necessary for
signs3 area including a pedestrian direction
base.The base
shall be 25%of
the sign height
Notes:
1. For limits on the height of building signs,see subsection 21 A.46.070J of this chapter.
2. Not applicable to temporary signs mounted as flat signs.
3. Modified from the standards for the PL,PL-2 and I districts and required for the
ballpark overlay district.
4. Electronic changeable copy signs shall only be permitted on arterial street frontages.
Electronic changeable copy signs/panels shall not exceed 50 square feet.
5. Public property lease and insurance required for projection over property line.
SECTION 5. Effective Date. This ordinance shall become effective on the date of its first
publication.
Passed by the City Council of Salt Lake City, ,r Ais 130 day of September ,
2014.
CHAIRP;''r
ATT S-T-1N D CO ERSIGN:
Y RECORDER
Transmitted to Mayor on Oct.ber 1 2n 14
Mayor's Action: y Approved. Vetoed.
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C Y RECORDER VS i >Rr°t• APPROVED AS TO FORM
(SEAL) `3' ^ ',i*0+ Salt Lake City Attomey's Office
* i i. '::f••_,ice Date: I (vl�{"
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Bill No. 56 of 2014. �raa PORN ..' Y P I C.N ,Senior City Attorney
Published: 10-9-14
HB_ATTY-a36391-v2-Ordinance_amending_ord_initiation_and_PC_HLCprocedures_.DOCX