059 of 1989 - Amending Section 21.78.130 Dealing with Recreational Facilities in Residential Districts O 89-1
O 89-36
P 89-93
SALT LAKE CITY ORDINANCE
No. 59 of 1989
(Amending Section 21. 78. 130 Dealing with
Recreational Facilities in Residential Districts
Pursuant to Petition No. 400-708-89 )
AN ORDINANCE AMENDING SECTION 21.78. 130, SALT LAKE CITY
CODE, DEALING WITH RECREATIONAL FACILITIES IN RESIDENTIAL
DISTRICTS, PURSUANT TO PETITION NO. 400-708-89.
WHEREAS,the City Council has held hearings before its own
body and before the Planning and Zoning Commission and believes
it appropriate to amend the provisions of Section 21 . 78. 130, Salt
Lake City Code, dealing with recreational uses in residential
districts as conditional uses;
NOW, THEREFORE, the City Council of Salt Lake City, Utah,
hereby adopts the following amendment to Section 21.78. 130 of the
Salt Lake City Code.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 21 . 78. 130, Salt Lake City Code,
attached hereto as Exhibit A is hereby repealed.
SECTION 2. That Section 21.78. 130 is hereby reenacted to
read as follows:
21.78.130 Recreational facilities in residential districts.
A. Recreational facilities as conditional use.
Where not otherwise authorized by this title, and when in
its opinion the best interest of the community will be served
thereby, the Planning and Zoning Commission may permit, as a
conditional use, the use of the land in a residential district
for recreational purposes, subject to the following conditions
and procedures:
B. Definition.
"Recreational uses" , for the purpose of this section, shall
be defined to mean a structure or developed open space designed
and equipped for the conduct of sports, leisure time activities
and other customary and usual recreational activities, including
paths and playgrounds, tennis courts, swimming pools, golf
courses and golf training facilities, nature exhibits and
similar uses.
"Recreational uses" shall not include commercial spa or
aerobic clubs, all terrain or recreational vehicle parks,
amusement parks, waterslides, skateboard parks or similar uses.
C. Application.
Applications for conditional uses under this section shall
be filed with the Planning and Zoning Commission. Such
applications shall include detailed information concerning the
criteria specified in subsection E. below. The application
shall also require the payment of a one hundred dollar ($100.00)
processing fee which includes the cost of mailing any and all
required notices.
D. Notice and hearing.
The Planning and Zoning Commission shall hold an informal
hearing on applications for conditional uses under this section.
Notice of the hearing shall be given to residents and property
owners within six hundred feet of the proposed conditional use.
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E. Approval criteria.
In considering the petition for conditional use the
Planning and Zoning Commission shall determine from the criteria
below whether the proposed conditional use substantially
supports the desirable development patternfor the area in
question in conformity with the city master plan for that area.
The factors and criteria to be considered include:
1. Whether the proposed recreation area is of such size
and shape and so located as to not cause any undue infringement
on the privacy of the abutting areas and is in keeping with the
design of the neighborhood.
2. Whether the proposed facility is in keeping with the
adopted master plan for the area.
3. Whether the proposed facility adversely impacts the
surrounding residential neighborhood by way of such factors as
lights, noise, odor, time or method of operation or other
similar objectionable operating characteristic.
F. Design requirements.
Before the Planning and Zoning Commission may grant the
proposed conditional use it must find that the following
mandatory criteria have been met.
1. That the area to be used for recreational purposes is
of sufficient size to accommodate all proposed facilities,
together with all required off street parking sufficient to
accommodate the needs of the patrons of the proposed facilities
while still maintaining required landscaped thirty foot front
yards, ten foot side yards and twenty five foot rear yards.
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2. That all drainage and water retention plans have been
reviewed and approved by the Salt Lake City Engineer.
3. That all traffic impact mitigation has been reviewed
and approved by the Salt Lake City Transportation Engineer.
G. Additional design elements.
Subject to the provisions of this section, if the Planning
and Zoning Commission finds that the conditional use is
appropriate for the site, the Commission may, in addition,
require any or all of the design criteria specified below which
are determined to be reasonably necessary to minimize any
negative esthetic, economic or planning impacts associated with
the conditional use:
1. An opaque masking structure or fence of a material in
keeping with the character of the neighborhood to screen the
proposed use from neighboring uses.
2. Such other conditions reasonably necessary to ensure
compatibility of uses within the district in conformance with
adopted master plans and policies and the protection of property
values.
H. Prohibited accessory and other uses.
1. Accessory uses on the property such as retail sales
and food services shall not be permitted except as such uses
have been specifically approved by the Planning and zoning
Commission. Any such accessory use shall be solely for the
benefit and convenience of the patrons of the proposed
establishment.
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2 . Accessory uses for which licenses for the sale or
consumption of alcohol are required shall not be permitted as
part of any conditional use permitted pursuant to this section.
3 . Any use under this section involving alcohol which is,
or becomes, non-conforming shall retain its non-conforming
status the provisions of Sections 21 . 90 .030 or 21 . 90 . 060
notwithstanding.
I . Security.
Prior to the issuance of a permit to construct the
conditional use, adequate financial security shall be posted in
a form acceptable to the city to ensure completion of the
proposed and required landscape improvements .
J. Appeals.
Any person aggrieved by the decision of the Planning and
Zoning Commission may appeal the decision to the City Council.
Appeals must be filed within fifteen days from the date of the
Planning and Zoning Commission's final decision. The Council
shall hold a public hearing on the appeal. Notice of the appeal
and hearing shall be provided to all residents and property
owners within six hundred feet of the proposed conditional use
no later than seven days prior to the hearing.
SECTION 3 . EFFECTIVE DATE. This ordinance shall become
effective on the date of its first publication.
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Passed by the City Council of Salt Lake City, Utah, this
12th day of September 1989 .
t �
C IRPERSON
ATTEST:
C T E ORDER
nsmitted to the Mayor on September 13 1989
Mayor' s action: 9/73/R9Approved Vetoed.
MAYOR
ATTEST:
9 -A,&
CITY /RE 015EA
(SEAL)
Bill No. 59 of 1989 .
Published: September 21, 1989
BRB:rc
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