062 of 2011 - changing the City’s zoning regulations to provide clear, consistent & efficient land use regulations 0 11-1
0 11-22
SALT LAKE CITY ORDINANCE
No. 62 of 2011
(An ordinance amending certain land use provisions of
Title 21A(Zoning) of the Salt Lake City Code)
An ordinance amending certain sections of Title 21A (Zoning) of the Salt Lake City Code
pursuant to Petition No. PLNPCM2010-00784 to provide additional clarity and efficiency in land
use regulation.
WHEREAS, the Salt Lake City Planning Commission ("Planning Commission") held a
public hearing on June 22, 2011 to consider a request made by Salt Lake City Mayor Ralph
Becker(petition no. PLNPCM2010-00784) to amend the text of certain sections of Title 21A
(Zoning) of the Salt Lake City Code to provide further clarity and efficiency in Iand use
regulation; and
WHEREAS, at its June 22, 2011 hearing, the Planning Commission voted in favor of
recommending to the City Council that the City Council amend the sections of Title 21A of the
Salt Lake City Code identified herein; 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 text of Salt Lake City Code section 2IA.10.020. That section
21A.10.020 of the Salt Lake City Code (Zoning: General Application and Public Hearing
Procedures: Public Hearing Notice Requirements), shall be, and hereby is, amended to read as
follows:
21A.10.020: PUBLIC HEARING NOTICE REQUIREMENTS:
Providing all of the information necessary for notice of all public hearings required under
this title shall be the responsibility of the applicant and shall be in the form established by
the zoning administrator and subject to the approval of the zoning administrator pursuant
to the standards of this section.
A. Public Hearing Required: Projects requiring a public hearing as required by this title
shall be held after the following public notification:
1. Mailing for Public Hearing: Notice by first class mail shall be provided_
a. a minimum of twelve(12) calendar days in advance of the public hearing.;
b. to all owners and tenants of the land as shown on the Salt Lake City
geographic information system records. Mailing labels shall be generated by
the city at the time of application submittal and created using the Salt Lake
City geographic information system records unless as stated otherwise in this
title._A list of parties entitled to notice pursuant to chapter 21A.56 of this code
shall be provided by the applicant with the application; and
c. within three hundred feet (300') from the periphery of land subject to the
application, inclusive of streets and right-of-ways, or one thousand feet
(1,000') of the periphery of the land subject to application for Sexually
Oriented Businesses requiring Conditional Site PIan Review pursuant to
chapter 21A.36.
2. Notification To Recognized And Registered Organizations: The city shall give email
notification, or other form of notification chosen by the planning director, a minimum
of twelve (12) calendar days in advance of the public hearing to any organization
which is entitled to receive notice pursuant to title 2, chapter 2.62 of this code.
3. Contents Of Mailing Notice For Public Hearing: The first class mailing notice for any
public hearing required pursuant to this title shall generally describe the subject
matter of the application and the date, time and place of the public hearing, and the
place where such application may be inspected by the public. The notice shall also
advise that interested parties may appear at the public hearing and be heard with
respect to the application.
4. Posting for Public Hearing: The land subject to an application for a public hearing
shall be posted by the city with a sign giving notice of the public hearing,
providing the date of the hearing including contact information for more
information, at least ten (10) calendar days in advance of the public hearing.
a. Location: One notice shall be posted for each five hundred feet (500') of
frontage, or portion thereof, along a public street. At least one sign shall be
posted on each public street. The sign(s) shall be located on the property
subject to the request or petition and shall be set back no more than twenty
five feet (25') from the front property line and shall be visible from the street.
Where the land does not have frontage on a public street, signs shall be
erected on the nearest street right of way with an attached notation indicating
generally the direction and distance to the land subject to the application.
b. Removal: If the sign is removed through no fault of the applicant before the
hearing, such removal shall not be deemed a failure to comply with the
standards, or be grounds to challenge the validity of any decision made on the
application.
c. Exemption: This posting requirement shall not apply to applications for
amendments involving an H historic preservation overlay district, applications
for an administrative certificate of appropriateness or applications for
comprehensive rezonings of areas involving multiple parcels of land,
including boundaries of a Historic District, or for text amendments to this
ordinance.
5. Publication: as required by State Law, at least twelve (12) calendar days in advance
of the first public hearing for an application for an amendment to the text of this title
or other processes as required by State Law, the City shall publish a notice of such
public hearing in a newspaper of general circulation in Salt Lake City.
B. Special Noticing Requirements for Administrative Approvals:
1. Conditional Building and Site Design Review: The planning commission shall
consider requests for conditional building and site design review at a public
hearing if there is an expression of interest after providing notice as follows:
la. Notification: The city shall provide written notice by first class mail a
minimum of twelve (12) calendar days in advance of the requested action to
all owners of the land and tenants subject to the application, as shown on the
Salt Lake City geographic information system records, adjacent to and
contiguous with the land subject to the application. Recognized and
Registered Organizations are also entitled to receive notice pursuant to title 2,
chapter 2.62 of this code by email or other form chosen by the planning
director.
At the end of the twelve(12) calendar day notice period,if there are requests
for a public hearing, the planning commission will schedule a public hearing
and consider the issue; if there are no requests for a public hearing, the
planning director may decide the issue administratively.
2. Determination Of Noncontributing Status Within An H Historic Preservation
Overlay District:
Prior to the approval of an administrative decision for a certificate of
appropriateness for demolition of a noncontributing structure, the city shall
provide written notice by first class mail a minimum of twelve (12) calendar days
of the determination of noncontributing status of the property to all owners of the
land and tenants,within eighty five feet(85') of the land subject to the application
as shown on the Salt Lake City geographic information system records. At the
end of the twelve (12) day notice period, the planning director shall either issue a
certificate of appropriateness for demolition or refer the application to the historic
landmark commission.
3. Notice of Application for Special Exceptions:Prior to the approval of an
administrative decision for special exceptions as authorized in chapter 21A.52,the
planning director shall provide written notice by first class mail a minimum of
twelve(12)days in advance of the requested action to all abutting property
owners and tenants of the land subject to the application,as shown on the Salt
Lake City geographic information system records.
a. Contents of the Mailing Notice of Application:The notice for mailing shall
generally describe the subject matter of the application,the place where such
application may be inspected by the public,the date when the planning director
will authorize a final administrative decision,and include the procedures to
Appeal an Administrative Decision set forth in chapter 21A.16.
SECTION 2. Amending text of Salt Lake City Code section 2 IA.12.040.A.7. That
section 21A.12.040.A.7 of the Salt Lake City Code(Zoning:Administrative Interpretations:
Procedures),shall be,and hereby is,amended to read as follows:
7.Notification To Recognized And Registered Organizations:The city shall give
notification,by email or other form chosen by the planning director to any organization
which is entitled to receive notice pursuant to title 2,chapter 2.62 of this code,that a use
interpretation has been detemnined.
SECTION 3. Amending text of Salt Lake City Code section 21A.14.060.B. That section
21A.14.060.B of the Salt Lake City Code(Zoning:Routine and Uncontested Matters:Procedure
for Review and Decision),shall be,and hereby is,amended to read as follows:
B. Notification of Application for Special Exceptions shall be required pursuant to
21A.10.
SECTION 4. Amending text of Salt Lake City Code section 21A.16.030.A. That
section 21 A.16.030.A of the Salt Lake City Code(Zoning:Appeals of Administrative Decisions:
Procedure),shall be,and hereby is,amended to read as follows:
A. Notice Of Appeal:Notice of appeal shall be filed within ten(10)days of the
administrative decision.The appeal shall be filed with the zoning administrator and
shall specify the decision appealed and the reasons the appellant claims the decision
to be in error.
SECTION 5. Amending text of Salt Lake City Code section 21A.18.040.A.1.f That
section 21A.18.040.A.1.f of the Salt Lake City Code (Zoning: Variances: Procedures), shall be,
and hereby is, amended to read as follows:
f. Noticing and Posting Requirements shall be met as specified in chapter 21A.10.
SECTION 6. Amending text of Salt Lake City Code section 21A.26.078.C.3.b(1). That
section 21A.26.078.C.3.b(1) of the Salt Lake City Code (Zoning: Commercial Districts: TSA
Transit Station Area District: Review Process), shall be, and hereby is, amended to read as
follows:
(1)Notice And Posting Requirements: Notice of the administrative hearing shall be done
in accordance with chapter 21A.10 of this title.
SECTION 7. Amending text of Salt Lake City Code section 21A_34.020.F.1.d. That
section 21A.34.020.F.1.d of the Salt Lake City Code (Zoning: Overlay Districts: H Historic
Preservation Overlay District), shall be, and hereby is, amended to read as follows:
d. Notice For Application For Demolition Of A Noncontributing Structure: An
application for demolition of a noncontributing structure shall require notice for
determination of noncontributing sites pursuant to chapter 21A.10 of this title.
SECTION 8. Amending text of Salt Lake City Code section 21A.34.020.F.2.d. That
section 21A.34.020.F.2.d of the Salt Lake City Code (Zoning: Overlay Districts: H Historic
Preservation Overlay District), shall be, and hereby is, amended to read as follows:
d. Notice: Applications for a certificate of appropriateness shall require notice pursuant
to chapter 21A.10 of this title.
SECTION 9. Amending text of Salt Lake City Code section 21A.34.020.K.3.a. That
section 21A.34.020.K.3.a of the Salt Lake City Code (Zoning: Overlay Districts: H Historic
Preservation Overlay District), shall be, and hereby is, amended to read as follows:
a. Review Of Evidence: All of the evidence and documentation presented to the historic
landmark commission shall be made available to and reviewed by the economic
review panel. The economic review panel shall convene a meeting complying with
the open meetings act to review the evidence of economic hardship in relation to the
standards set forth in subsection 12 of this section. The economic review panel may,
at its discretion, convene a public hearing to receive testimony by any interested
party; provided, that notice for such public hearing shall be in accordance with
chapter 21A.10, "General Application And Public Hearing Procedures".
SECTION 10. Amending text of Salt Lake City Code section 21A.36.030.E.5. That
section 21A.36.030.E.5 of the Salt Lake City Code (Zoning: General Provisions: Home
Occupations: Application), shall be, and hereby is, amended to read as follows:
5. For conditional home occupations, approval of the apartment management or
property owner if the business is conducted on a leased property is required.
Notification is subject to the provisions of chapter 21A.10.
SECTION 11. Amending text of Salt Lake City Code section 21A.36.140.H. That
section 21A.36.140.H of the Salt Lake City Code (Zoning: General Provisions: Sexually
Oriented Businesses: Public Notice), shall be, and hereby is, amended to read as follows:
H. [Deleted]
SECTION 12. Amending text of Salt Lake City Code section 21A.36.140.I. That section
21A.36.140.I of the Salt Lake City Code(Zoning: General Provisions: Sexually Oriented
Businesses: Public Hearing Notice Requirements), shall be, and hereby is, amended to read as
follows:
I. Public Hearing Notice Requirements: The planning commission shall hold at least
one public hearing to review, consider and approve, approve with conditions, or deny
a conditional site plan review application after public notification pursuant to chapter
21A.10.
SECTION 13. Amending text of Salt Lake City Code section 21A.50.040.A. That
section 21A.50.040.A of the Salt Lake City Code (Zoning: Amendments: Procedure:
Application), shall be, and hereby is, amended to read as follows:
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 amendment 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 description of the proposed use of the property where appropriate;
4. Site plans drawn to scale (where applicable); and
5. Related materials or data supporting the application as may be determined by the
applicant and the zoning administrator.
SECTION 14. Amending text of Salt Lake City Code section 21A.50.040.C. That section
21 A.50.040.0 of the Salt Lake City Code (Zoning: Amendments: Procedure: Determination of
Completeness), shall be, and hereby is, amended to read as follows:
C. Determination Of Completeness: Upon receipt of an application for an amendment,
the zoning administrator shall make a determination of completeness pursuant to
chapter 21A.10, "General Application Procedures", of this title.
SECTION 15. Amending text of Salt Lake Ci Code section 21A.52.040.B. That section
21A.52.040.B of the Salt Lake City Code(Zoning: Special Exceptions: Procedure: Determination
of Completeness), shall be, and hereby is, amended to read as follows:
B. Determination Of Completeness: Upon receipt of an application for a special
exception, the zoning administrator shall make a determination of completeness
pursuant to chapter 21A.10 of this title, and that the applicant has submitted all of the
information necessary to satisfy the notification requirements of chapter 21A.10 of
this title.
SECTION 16. Amending text of Salt Lake City Code section 21A.54.060.A.10. That
section 21A.54.060.A.10 of the Salt Lake City Code(Zoning: Conditional Uses: Procedures:
Application), shall be, and hereby is, amended to read as follows:
10. Noticing and Posting Requirements shall be met as specified in chapter 21A.10.
SECTION 17. Amending text of Salt Lake City Code section 21A.54.155.B.1. That
section 21A.54.155.B.1 of the Salt Lake City Code (Zoning: Conditional Uses: Administrative
Consideration of Conditional Uses), shall be, and hereby is, amended to read as follows:
1. Noticing And Posting Requirements shall be met as specified in chapter 21A.10.
SECTION 18. Amending text of Salt Lake City Code section 21A.56.040.A.3. That
section 21A.56.040.A.3 of the Salt Lake City Code (Zoning: Condominium Approval
Procedures), shall be, and hereby is, amended to read as follows:
3. Noticing requirements shall be met as specified in chapter 21A.10.
SECTION 19. Amending text of Salt Lake City Code section 21A.56.080. That section
21A.56.080 of the Salt Lake City Code(Zoning: Condominium Approval Procedures: Appeal of
Planning Commission Decisions), shall be, and hereby is, amended to read as follows:
Any person adversely affected by the decision of the planning commission may, within
ten (10) days after such decision, file an appeal to the land use appeals board.
SECTION 20. Amending text of Salt Lake City Code section 21A.56.050.D.1. That
section 21A.56.050.D.1 of the Salt Lake City Code (Zoning: Condominium Approval
Procedures: New Construction Process), shall be, and hereby is, amended to read as follows:
1. Public Hearing Required: No condominium project shall be approved without a
public hearing. The planning official shall schedule the time for, and hold an
administrative public hearing to consider the condominium application. Noticing
requirements shall be met as specified in chapter 21A.10.
SECTION 21. Amending text of Salt Lake City Code section 21A.56.060.C.1. That
section 21A.56.060.C.1 of the Salt Lake City Code (Zoning: Condominium Approval
Procedures: Condominium Conversion Process), shall be, and hereby is, amended to read as
follows:
1. Public Hearing Required: No condominium conversion project shall be approved
without a public hearing. The planning director shall schedule the time for an
administrative public hearing to consider the condominium conversion application.
Notice for the public hearing shall be pursuant to chapter 21A,10.
SECTION 22. 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 25 day of f)rt-ni,„
2011,
CHAIRPERSON
ST AND COUNTERSIGN:
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Transmitted to Mayor on November 1, -
Mayor's Action: 7c Approved. Vetoed.
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APPROVED AS TO FORM
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Published: 11-10-11 • ���RPORA ��'� By:
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