006 of 2004 - shifting the responsibilities for Economic Development from C & ED to the Office of the Mayor 0 04-1
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SALT LAKE CITY ORDINANCE
No. 6 of 2004
(Amending the Salt Lake City Code to shift the responsibilities
for economic development from the Depaittiient
of Community and Economic Development to the Office of the Mayor)
AN ORDINANCE AMENDING THE SALT LAKE CITY CODE TO SHIFT
THE RESPONSIBILITIES FOR ECONOMIC DEVELOPMENT FROM THE
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT TO THE
OFFICE OF THE MAYOR AND MAKING OTHER RELATED CHANGES.
WHEREAS, the Salt Lake City Code currently delegates the responsibilities for
economic development to the Department of Community and Economic Development;
and
WHEREAS, after having studied this matter, the City Council has determined that
it would be in the best interest of the City to shift the responsibilities of economic
development from that department to the Office of the Mayor;
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Sections 2.04.010.M and N shall be and hereby are amended to
read as follows:
M. Economic Development;
N. Performing such other duties as may be prescribed or
permitted by law, including: Issuing proclamations; vetoing ordinances,
tax levies and appropriations, subject to council veto override as provided
by state law; and establishing job descriptions,job functions,job
classifications or reclassifications and compensation therefor, within the
budgeted appropriations and consistent with state law.
SECTION 2. Section 2.08.050 of the Salt Lake City Code shall be and hereby is
amended to read as follows:
2.08.050 Department Of Community Development:
A. Functions: The department of community development shall have
charge of and be responsible for:
1. Land use planning;
2. Business regulation;
3. Housing;
4. Building and housing codes; and
5. Transportation engineering.
SECTION 3. Section 2.23.020.F of the Salt Lake City Code shall be and hereby
is amended to read as follows:
F. "Transportation director" means the person appointed by the
director of the department of community development to serve as the
director of the transportation division within the department of community
development.
SECTION 4. Section 2.62.020.B of the Salt Lake City Code shall be and hereby
is amended to read as follows:
B. Registered Organizations. Any other entity, organization or person
may register on an annual basis with the department of community
development to receive the notices specified in this chapter.
SECTION 5. Section 2.76.020.E of the Salt Lake City Code shall and hereby is
amended to read as follows:
E. "Director" means the person appointed by the mayor to serve as
the director of the department of community development.
SECTION 6. Section 2.76.030 of the Salt Lake City Code shall be and hereby is
amended to read as follows:
There is created the Salt Lake City business advisory board, which body
shall consist of eleven(11) appointed voting members and up to five (5)
nonvoting members. Voting membership shall consist of residents of the
city or of nonresidents who have an ownership interest in a business
within the city. No more than two (2)members of the board shall be from
the same profession or occupation. Other individuals,representing
organizations with continuing interest and involvement in business within
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the city may be appointed nonvoting members, including, for example,but
not limited to, the Salt Lake area chamber of commerce,the downtown
alliance, and the Downtown Retail Merchants Association. The director of
community development or his/her designee, shall be an ex officio
member of the board with no voting privileges.
SECTION 7. Section 2.76.100 of the Salt Lake City Code shall be and hereby is
amended to read as follows:
All actions taken by the Board shall constitute recommendations to the
Director, the Mayor, and the City. The Director of the Department of
Community Development and/or Mayor shall have the power to review,
ratify, modify or disregard any recommendation submitted by the Board,
and the Mayor may refer the matter to the City Council, if appropriate.
SECTION 8. Section 2.80.020.F of the Salt Lake City Code shall be and hereby
is amended to read as follows:
F. "Director" means the person appointed by the mayor to serve as
the director of the department of community development, or its
successor department.
SECTION 9. Sections 18.20.220.0 and F of the Salt Lake City Code shall be
and hereby are amended to read as follows:
C. Waivers under five hundred dollars may be granted by the director
of community development.
F. The HAAB recommendation will be made to the director of
community development,who shall issue the decision of the department.
SECTION 10. Section 18.50.100.B.8.a.ii of the Salt Lake City Code shall be and
hereby is amended to read as follows:
ii. Payment plans may be created by the hearing officer. Although the
hearing officer has the ultimate authority in establishing the payment
schedule, the minimum payment schedule provided by the department of
community development should be followed.
SECTION 11. Section 18.97.020.A of the Salt Lake City Code shall be and
hereby is amended to read as follows:
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A. Housing Mitigation Plan. Any petition for a conditional use permit
to authorize or expand vehicle parking in residential zones and any
petition for a zoning change that would permit a nonresidential use of
land, that includes within its boundaries residential dwelling units, may
not be approved until a housing mitigation plan shall have been approved
by the city. The housing mitigation plan shall be proposed and submitted
to the city's planning director and the director of community development
by the petitioner not less than twenty days prior to final action by the city
on such a petition and be accompanied by a housing impact statement.
SECTION 12. Section 18.97.030.0 of the Salt Lake City Code shall be and
hereby is amended to read as follows:
C. Fee, Where Deteriorated Housing Exists,Not Caused by
Deliberate Indifference of Landowner.
1. Request by Petitioner for Flat Fee Consideration. In the event that a
residential dwelling unit is targeted or proposed for demolition and is in a
deteriorated state from natural causes, such as fire, earthquake or aged
obsolescence that is not occasioned by the deliberate acts or omissions to
act on the part of the petitioner or his predecessors in interest, which
detrimental condition reduces a dwelling unit's fair market value or
habitability as a residential dwelling unit, the petitioner may request an
exemption from the above two methods of mitigation from the director of
the city's department of community development, as provided below.
2. Required Facts of Natural Deterioration - Increase Fair Market Value of
Units to be Demolished. The petitioner may submit to the director of the
city's department of community development every fact known to support
the proposition that the residential dwelling units were not purposely
allowed to deteriorate by lack of reasonable maintenance, ordinary and
prudent repairs or other acts or omissions to act. The value of the unit(s)
targeted or proposed for demolition may be increased to the fair market
value that the units would have, if each unit was in a state of habitability
and minimally meeting applicable building codes and other applicable
law, excluding land value. This enhanced value will then be applied in
thus computing any housing mitigation payment provided in subsection B
of this section.
3. Flat Fee Mitigation Payment. In the event that the petitioner actually
and reasonably demonstrates to the city's director of community
development that the costs of calculating and analyzing the various
methods of mitigation are unreasonably excessive in relationship to the
rough estimated costs of constitutionally permitted mitigation, the
department director may recommend to the city council that a flat rate be
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paid by the petitioner to the city's housing trust fund. This flat rate shall be
a sum not in excess of three thousand dollars per dwelling unit to be
demolished. The three-thousand-dollar flat fee shall be adjusted for
inflation as of January 1st of each calendar year following the initial
adoption of the ordinance codified in this chapter, based on the Consumer
Price Index for the previous twelve months, or three percent,whichever
result is less.
SECTION 13. Section 18.97.040.A of the Salt Lake City Code shall be and
hereby is amended to read as follows:
A. Report to City Before Rezoning Hearings. The director of the
department of community development shall prepare a report justifying
the method of housing mitigation recommended by the director, including
the factual basis upon which it is premised and a factually based
justification for the recommendation. This report will be submitted to the
planning and zoning commission in sufficient time for its deliberation
concerning the advisability of effectuating the petitioner's request for a
zoning change. The petitioner may, likewise, submit its proposal and the
factual and legal justification for mitigation, if any, or why the director's
recommendations are appropriate or should be modified. The commission
will include in its evaluation an evaluation of the adequacy of the housing
loss mitigation plan,proposed by the petitioner and that recommended by
director of the department of community development.
SECTION 14. The definitions of"Department" and "Director" as set forth in
Section 18.98.020 of the Salt Lake City Code shall be and hereby are amended to read as
follows:
"Department" means the Department of Community Development of the
City.
"Director" means the Director of the Department of Community
Development of the City.
SECTION 15. Section 21A.06.70 of the Salt Lake City Code shall be and hereby
is amended to read as follows:
The development review team shall consist of a designated representative
from all City departments and/or divisions involved in the development
review/approval process, including,but not limited to, the Depai talent of
Community Development, the Department of Public Services, the Police
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Department, the Fire Department and the Department of Public Utilities,
and shall be responsible for advising the Zoning Administrator in the
Zoning Administrator's administration of the site plan review process
pursuant to the provisions of Part V, Chapter 21A.58 of this Title.
SECTION 16. Section 21A.20.110.A.2 of the Salt Lake City Code shall be and
hereby is amended to read as follows:
2. Payment plans may be created by the hearing officer. Although the
hearing officer has the ultimate authority in establishing the payment
schedule, the minimum payment schedule provided by the department of
community development should be followed.
SECTION 17. Section 21A.58.050.A.1 of the Salt Lake City Code shall be and
hereby is amended to read as follows:
1. Department of Community Development;
SECTION 18. Section 21A.58.060.I of the Salt Lake City Code shall be and
hereby amended to read as follows:
I. The location and size of sanitary and storm sewers,water, gas,
telephone, electric and other utility lines, culverts and other underground
structures in or affecting the project, including existing and proposed
facilities and easements for these facilities. In the case of City-owned
utilities, such information shall be provided to the applicant by the
Department of Community Development and/or Department of Public
Utilities;
SECTION 19. Section 21A.58.080.C.8 of the Salt Lake City Code shall be and
hereby is amended to read as follows:
8. Maintenance Guarantee: When any improvement is to be accepted
for dedication, maintenance or operation by the City,the applicant shall be
required to provide financial security(acceptable to the City Attorney) in
the amount of ten percent (10%) of the total construction costs of the
project to cover the costs of any defects which may occur in such
improvements within two (2) years after the date of acceptance by the
City. The Director of Community Development or Director of Public
Utilities or other City official shall be responsible for determining when
such financial security shall be required.
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SECTION 20. The definitions of"Building Official," "Planning official" and
"Zoning administrator" as set forth in Section 21A.62.040 of the Salt Lake City Code
shall be and hereby are amended to read as follows:
"Building Official" means the building official of the department of
community development.
"Planning official"means the director of the planning division of the
department of community development, or his/her designee.
"Zoning administrator" means the director of the division of building
services and licensing of the department of community development or
such person as the zoning administrator shall designate.
SECTION 21. Effective Date. This ordinance shall become effective on the date
of its first publication.
Passed by the City Council of Salt Lake City, Utah this 13th day of
January , 2004.
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CHAIRPERSON
ATTEST:
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CHIEF DEPUTY CITECO' a ER
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Transmitted to Mayor on January 21 , 2004 .
Mayor's Action: X- Approved. Vetoed.
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ATTEST: A:. ' ;'
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CHIEF DEPUTY CITY RECORDER
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A.
Bill No. 6 of 2004.
Published: January 31, 2004
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