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060 of 1994 - Enacting Section 21.78.081 allowing certain child day care uses as conditional uses within certain rU 94-1 P 94-124 SALT LAKE CITY ORDINANCE No. 60 of 1994 (Enacting Section 21.78.081 allowing certain child day care uses as conditional uses within certain residential zoning districts) AN ORDINANCE ENACTING SECTION 21.78.081 ALLOWING CERTAIN CHILD DAY CARE USES AS CONDITIONAL USES IN CERTAIN RESIDENTIAL DISTRICTS. WHEREAS, the City Council has held public hearings before its own body and before the Planning Commission concerning allowing certain child day care uses within certain residential zoning districts of the City subject to certain standards and procedures; and WHEREAS, the Council believes that the adoption of this proposed ordinance is in the best interest of the City; THEREFORE, the City Council of Salt Lake City, Utah, hereby enacts Section 21.78.081 to the Salt Lake City Code. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 21.78.081 making certain child day care uses allowable as conditional uses within residential zoning districts be, and the same hereby is, adopted to read as follows: 21.78.081 Conditional Use for Child Day Care Centers, Hourly Centers and Preschools in Residential Zones. A. Purpose and Authorization of Conditional Uses. The purpose of this Section is to allow certain types of child day care in residential neighborhoods on a limited basis when an applicant demonstrates that because of the street location, size and design of the property, neighboring residents will not experience material negative impacts typically associated with day care, including increased traffic, parking congestion and noise. The Planning Commission may, in accordance with the criteria and procedures set forth in this section, and other regulations applicable to the district in which the subject property is located, approve as a conditional use a Child Day Care Center, Hourly Center or Preschool in the residential zoning districts R-1, R-1A, R-1-5000, R-2, R-2A, R-3A, R-4 through R-5. B. Site Requirements. 1. Minimum Lot Size: 20,000 sq. ft. 2. Location Requirements: The child day care use shall be addressed and oriented to an arterial street as shown on the City's Major Street Plan. 3. Rear Yard Playground Equipment: All outside playground equipment shall be located only in the rear yard. 4. Landscape Buffering: Any outside area where children are allowed must be fenced with a solid fence at least 6 feet high. At least 10 feet from the fence to the interior portion of the property shall be landscaped in such a way that the area cannot be used by the patrons. C. Signage. Signs are limited to either one non -illuminated low profile identification sign, as defined by Section 21.92.145 or one flat sign as defined by Section 21.92.115. The size of the sign shall 2 be determined as part of the conditional use approvals. D. Prohibitions. 1. Residential Demolition. No existing building containing a residential dwelling unit may be demolished to allow for the construction of a new conditional use facility for child day care under this section. 2. Residential Conversion. The conversion of any existing residential structure or a conditional use allowed under this section shall not permit any major exterior or interior alterations of the building to be made which render the building substantially incompatible with the return to its use as a residence. 3. Non -Arterial Streets. Conditional uses under this section shall not be permitted unless the property fronts on an arterial street as specified in the City's Major Street Plan. 4. No Variances. The Planning Commission shall not approve a child care conditional use pursuant to this Chapter if the Board of Adjustment would be required to grant a variance from any zoning condition. 5. 600 Feet Proximity. No conditional use allowed under this section may be within 600 feet on the same street frontage as another conditional use allowed under this section. 3 E. Application An applicant for a conditional use shall file an application with the Planning Commission on a form provided by the Zoning Administrator, accompanied by such number of copies of documents as the Zoning Administrator may require for processing of the application. The application shall include at least the following information: 1. Basic Information. a. The location, dimensions, and total area of the site; b. The location, dimensions, floor area, elevations, type of construction, proposed treatment of exterior surfaces of all structures and use of each proposed building or structure used for the conditional use; c. The number, the size and type of dwelling units in each building, and the overall dwelling unit density; d. The proposed treatment of open spaces with preliminary sketches of proposed landscaping, accessory structures, and play areas including typical elevations; e. The number, location and dimensions of parking spaces and driveway locations for ingress and egress; 4 f. The proposed traffic circulation pattern within the area of the development, including the location and description of public improvements to be installed, including any streets and access easements; g. The location and purpose of any existing or proposed dedication or easement; h. The general drainage plan for the site; i. The location, dimensions and uses of adjacent properties, abutting public rights of way and easements, and utilities serving the site; j. Significant topographical or physical features of the site, including existing trees exceeding 2.5 inches in caliper; k. Mailing labels for all property owners within 300 feet of the property line of the proposed development and all Registered or Recognized Organizations affected pursuant to Chapter 2.62. 2. Child Care Use -Specific Information: a. The number of children, employees, staff or volunteers; both total for the day and the expected maximum number to be on the premises at any given time; b. The hours and days of operation; c. The proposed signage; d. The number, location and dimensions of any drop-off or pick-up areas for either private transportation or public transportation. 3. Traffic Impact Study. If the Zoning Administrator determines that the proposed conditional use may have a material adverse impact on traffic in the vicinity of the conditional use, the Zoning Administrator may require the submission of a professionally prepared traffic impact study. F. Fee. The fee for an application for a Child Day Care Conditional Use approval shall be $100.00. G. Complete Application. The Zoning Administrator shall review the application for completeness and notify the applicant of any deficiencies. The Zoning Administrator shall not forward the application to the Planning Commission for consideration until any deficiencies have been cured. H. Neighborhood Review. Prior to the Planning Commission hearing, the applicant shall take reasonable steps to review the project with and provide information to, the appropriate Recognized Organization pursuant to Chapter 2.62. I. Notice. The Planning Commission shall mail notice of a hearing on the application for Conditional Use approval not less than 14 days before such a hearing to property owners within a 300 ft. 6 radius. J. Hearing. The Planning Commission shall hold an informal hearing and take testimony regarding the application for conditional use approval. K. Approval Standards. 1. Approval. The Planning Commission shall approve the conditional use if it finds that the conditional use is in harmony with the general purposes and intent of the Zoning Ordinance and is compatible with and implements the planning goals and objectives of the City, including applicable City master plans and meets the General and Specific Standards specified below. 2. General Conditional Use Standards: a. Streets or other means of access to the conditional use are suitable and adequate to carry anticipated traffic and will not overload the adjacent streets; b. The internal circulation system is properly designed; c. Existing or proposed utility services are adequate for the proposed conditional use; d. Appropriate buffering is provided to protect adjacent land uses from light, noise and visual impacts; 7 e. Architecture and building materials are consistent within the development and compatible with the adjacent neighborhood; f. Landscaping is appropriate for the scale of the development; g. The conditional use preserves historical, architectural and environmental features of the property; h. Operating and delivery hours are compatible with adjacent land uses; i. The proposed conditional use is compatible with the character of the neighborhood surrounding the conditional use and will not have a material net cumulative adverse impact on the adjacent neighbors, the neighborhood or the City as a whole. 3. Specific Approval Standards for Day Care conditional uses. a. The lot is of sufficient size to accommodate all required parking in the side and rear yards, or to the rear of the required landscaped setback in the front yard; b. The drop-off and pick-up area is designed in a manner that vehicles do not back into a public street or the stacking or queuing of vehicles will not interrupt traffic flow on the public street. 8 c. The signage is appropriate for the area. L. Conditions. 1. Conditions Required. In addition to the specific conditions stated above, the Planning Commission may impose conditions and limitations upon a conditional use concerning use, construction, character, location, landscaping, screening, parking, hours and days of operation and other matters that may be necessary or appropriate to prevent or minimize any adverse impact. 2. Written Specification. The Planning Commission shall specify such conditions in writing when approving the conditional use. 3. Violation. Violation of any conditions of approval shall constitute grounds for revocation of the conditional use approval. M. Effective Length of Approval. Unless extended by the Zoning Administrator for good cause, conditional use approval shall expire one year after issuance unless a building permit is issued and construction is actually begun and actively pursued. N. Construction Completion. Construction shall generally be completed within two years of approval. A longer schedule for completion may be established by the Planning Commission in conjunction with conditional use approval. 9 O. Appeal. Any person aggrieved by a decision of the Planning Commission regarding a day care facility conditional use pursuant to this Section may appeal the decision to the City Council by filing a notice with the Council no later than ten days after the decision of the Planning Commission becomes final. The appeal shall specify an alleged error made in the Planning Commission's decision. P. Standard of Appellate Review. An appeal of the Planning Commission decision shall be considered by the City Council on the record made before the Planning Commission. No new evidence will be heard by the City Council unless such evidence was improperly excluded from consideration by the Planning Commission. The City Council shall uphold the decision of the Planning Commission unless the Council finds that the decision of the Planning Commission was made in error. SECTION 2. This Ordinance shall take effect immediately upon its first publication. Passed by the City Council of Salt Lake City, Utah, this 12thday of July 1994 °Liu,- 4-44,44.4„ CHAIRPERSON 10 ATTEST: ��'ORA� S'= Y RE OR Transmitted to the Mayor on 7-12-94 Mayor's Action: XXX Approved A EST: TY CORDER G:\ORDINA94\2178081C.BRB Bill No. 60 of 1994. Published: July 20, 1994. 11 Vetoed r..41 Ir“.1 ECEIVED AUG 0 5 1994 CITY RECORDER 53741.11 1Di:4!9•r 24 F113,E4ENO EFIE KATIE La DIXON RE:Rv S:, SALT :: ,_'rate STATE OF UTAH, Gt _ .. RECORDERS - ^y SS. J FERGL IN City and County of Salt Lake, I _ Christine Meeker Chief Deputy , City Recorder of Salt Lake City, Utah, do hereby certify that the attached document is a full, true and correct copy of... . as amended. Ordinance, 60, of, Psctj.Ftg ec t iou. 21 78 081 a J wing cer.tai.n .child .day..Caze ... uses, witpjp, cextpir. TesjsleTLtld1 ypAiAg, d.i tstricts. passed by City Council/Executive Action of Salt Lake City, Utah, ... Js y..12, 19.94. as appears of record in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City, this 14t1lt.„‘x,.` day of Ju1.y 19.9.4.. .CITE. 1 Chief Deputy RAfTE� Published July 20, 19 94 City Recorder 0 94-1 P 94-124 * SALT LAKE CITY ORDINANCE No. 60 of 1994 (Enacting Section 21.78.081 allowing certain child day care uses as conditional uses within certain residential zoning districts) AN ORDINANCE ENACTING SECTION 21.78.081 ALLOWING CERTAIN CHILD DAY CARE USES AS CONDITIONAL USES IN CERTAIN RESIDENTIAL DISTRICTS. WHEREAS, the City Council has held public hearings before its own body and before the Planning Commission concerning allowing certain child day care uses within certain residential zoning districts of the City subject to certain standards and procedures; and WHEREAS, the Council believes that the adoption of this proposed ordinance is in the best interest of the City; THEREFORE, the City Council of Salt Lake City, Utah, hereby enacts Section 21.78.081 to the Salt Lake City Code. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 21.78.081 making certain child day care uses allowable as conditional uses within residential zoning districts be, and the same hereby is, adopted to read as follows: 21.78.081 Conditional Use for Child Day Care Centers, Hourly Centers and Preschools in Residential Zones. A. Purpose and Authorization of Conditional Uses. The purpose of this Section is to allow certain types of child day care in residential neighborhoods on a limited basis when an applicant demonstrates that because of the street location, size and design of the property, neighboring residents will not experience material negative impacts typically associated with day care, including increased traffic, parking congestion and noise. The Planning Commission may, in accordance with the criteria and procedures set forth in this section, and other regulations applicable to the district in which the subject property is located, approve as a conditional use a Child Day Care Center, Hourly Center or Preschool in the residential zoning districts R-1, R-1A, R-1-5000, R-2, R-2A, R-3A, R-4 through R-5. B. Site Requirements. 1. Minimum Lot Size: 20,000 sq. ft. 2. Location Requirements: The child day care use shall be addressed and oriented to an arterial street as shown on the City's Major Street Plan. 3. Rear Yard Playground Equipment: All outside playground equipment shall be located only in the rear yard. 4. Landscape Buffering: Any outside area where children are allowed must be fenced with a solid fence at least 6 feet high. At least 10 feet from the fence to the interior portion of the property shall be landscaped in such a way that the area cannot be used by the patrons. C. Signage. Signs are limited to either one non -illuminated low profile identification sign, as defined by Section 21.92.145 or one flat sign as defined by Section 21.92.115. The size of the sign shall 2 be determined as part of the conditional use approvals. D. Prohibitions. 1. Residential Demolition. No existing building containing a residential dwelling unit may be demolished to allow for the construction of a new conditional use facility for child day care under this section. 2. Residential Conversion. The conversion of any existing residential structure or a conditional use allowed under this section shall not permit any major exterior or interior alterations of the building to be made which render the building substantially incompatible with the return to its use as a residence. 3. Non -Arterial Streets. Conditional uses under this section shall not be permitted unless the property fronts on an arterial street as specified in the City's Major Street Plan. 4. No Variances. The Planning Commission shall not approve a child care conditional use pursuant to this Chapter if the Board of Adjustment would be required to grant a variance from any zoning condition. 5. 600 Feet Proximity. No conditional use allowed under this section may be within 600 feet on the same street frontage as another conditional use allowed under this section. 3 E. Application An applicant for a conditional use shall file an application with the Planning Commission on a form provided by the Zoning Administrator, accompanied by such number of copies of documents as the Zoning Administrator may require for processing of the application. The application shall include at least the following information: 1. Basic Information. a. The location, dimensions, and total area of the site; b. The location, dimensions, floor area, elevations, type of construction, proposed treatment of exterior surfaces of all structures and use of each proposed building or structure used for the conditional use; c. The number, the size and type of dwelling units in each building, and the overall dwelling unit density; d. The proposed treatment of open spaces with preliminary sketches of proposed landscaping, accessory structures, and play areas including typical elevations; e. The number, location and dimensions of parking spaces and driveway locations for ingress and egress; 4 f. The proposed traffic circulation pattern within the area of the development, including the location and description of public improvements to be installed, including any streets and access easements; g. The location and purpose of any existing or proposed dedication or easement; h. The general drainage plan for the site; i. The location, dimensions and uses of adjacent properties, abutting public rights of way and easements, and utilities serving the site; j• Significant topographical or physical features of the site, including existing trees exceeding 2.5 inches in caliper; k. Mailing labels for all property owners within 300 feet of the property line of the proposed development and all Registered or Recognized Organizations affected pursuant to Chapter 2.62. 2. Child Care Use -Specific Information: a. The number of children, employees, staff or volunteers; both total for the day and the expected maximum number to be on the premises at any given time; b. The hours and days of operation; c. The proposed signage; d. The number, location and dimensions of any drop-off or pick-up areas for either private transportation or public transportation. 3. Traffic Impact Study. If the Zoning Administrator determines that the proposed conditional use may have a material adverse impact on traffic in the vicinity of the conditional use, the Zoning Administrator may require the submission of a professionally prepared traffic impact study. F. Fee. The fee for an application for a Child Day Care Conditional Use approval shall be $100.00. G. Complete Application. The Zoning Administrator shall review the application for completeness and notify the applicant of any deficiencies. The Zoning Administrator shall not forward the application to the Planning Commission for consideration until any deficiencies have been cured. H. Neighborhood Review. Prior to the Planning Commission hearing, the applicant shall take reasonable steps to review the project with and provide information to, the appropriate Recognized Organization pursuant to Chapter 2.62. I. Notice. The Planning Commission shall mail notice of a hearing on the application for Conditional Use approval not less than 14 days before such a hearing to property owners within a 300 ft. 6 radius. J. Hearing. The Planning Commission shall hold an informal hearing and take testimony regarding the application for conditional use approval. K. Approval Standards. 1. Approval. The Planning Commission shall approve the conditional use if it finds that the conditional use is in harmony with the general purposes and intent of the Zoning Ordinance and is compatible with and implements the planning goals and objectives of the City, including applicable City master plans and meets the General and Specific Standards specified below. 2. General Conditional Use Standards: a. Streets or other means of access to the conditional use are suitable and adequate to carry anticipated traffic and will not overload the adjacent streets; b. The internal circulation system is properly designed; c. Existing or proposed utility services are adequate for the proposed conditional use; d. Appropriate buffering is provided to protect adjacent land uses from light, noise and visual impacts; 7 e. Architecture and building materials are consistent within the development and compatible with the adjacent neighborhood; f. Landscaping is appropriate for the scale of the development; g• The conditional use preserves historical, architectural and environmental features of the property; h. Operating and delivery hours are compatible with adjacent land uses; i. The proposed conditional use is compatible with the character of the neighborhood surrounding the conditional use and will not have a material net cumulative adverse impact on the adjacent neighbors, the neighborhood or the City as a whole. 3. Specific Approval Standards for Day Care conditional uses. a. The lot is of sufficient size to accommodate all required parking in the side and rear yards, or to the rear of the required landscaped setback in the front yard; b. The drop-off and pick-up area is designed in a manner that vehicles do not back into a public street or the stacking or queuing of vehicles will not interrupt traffic flow on the public street. 8 c. The signage is appropriate for the area. L. Conditions. 1. Conditions Required. In addition to the specific conditions stated above, the Planning Commission may impose conditions and limitations upon a conditional use concerning use, construction, character, location, landscaping, screening, parking, hours and days of operation and other matters that may be necessary or appropriate to prevent or minimize any adverse impact. 2. Written Specification. The Planning Commission shall specify such conditions in writing when approving the conditional use. 3. Violation. Violation of any conditions of approval shall constitute grounds for revocation of the conditional use approval. M. Effective Length of Approval. Unless extended by the Zoning Administrator for good cause, conditional use approval shall expire one year after issuance unless a building permit is issued and construction is actually begun and actively pursued. N. Construction Completion. Construction shall generally be completed within two years of approval. A longer schedule for completion may be established by the Planning Commission in conjunction with conditional use approval. 9 O. Appeal. Any person aggrieved by a decision of the Planning Commission regarding a day care facility conditional use pursuant to this Section may appeal the decision to the City Council by filing a notice with the Council no later than ten days after the decision of the Planning Commission becomes final. The appeal shall specify an alleged error made in the Planning Commission's decision. P. Standard of Appellate Review. An appeal of the Planning Commission decision shall be considered by the City Council on the record made before the Planning Commission. No new evidence will be heard by the City Council unless such evidence was improperly excluded from consideration by the Planning Commission. The City Council shall uphold the decision of the Planning Commission unless the Council finds that the decision of the Planning Commission was made in error. SECTION 2. This Ordinance shall take effect immediately upon its first publication. Passed by the City Council of Salt Lake City, Utah, this 12thday of July 1994 Ottut&- CHAIRPERSON 10 ATTEST: 61071"-- Y RAIMIAR Transmitted to the Mayor on 7-12-94 Mayor's Action: A EST: G:\ORDINA94\2178081C.BRB gXX Approved Bill No. 60 of 1994. Published: July 20, 1994. 11 Vetoed