069 of 2006 - Amending Chapter 21A.54 allowing certain conditional uses to be approved by an administrative hearin •
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SALT LAKE CITY ORDINANCE
No. 69 of 2006
(Amending Chapter 21A.54 Pertaining to Conditional Uses)
AN ORDINANCE AMENDING CHAPTER 21A.54, SALT LAKE CITY CODE,
PERTAINING TO CONDITIONAL USES, PURSUANT TO PETITION NO. 400-05-17.
WHEREAS, Chapter 21A.54 of the Salt Lake City Code contains certain regulations
regarding conditional uses; and
WHEREAS, the City Council of Salt Lake City,Utah finds after public hearings before
its own body and before the Planning Commission that portions of the Salt Lake City Zoning
Code which relates to conditional uses should be amended; and
WHEREAS, the City Council finds that the proposed ordinance is in the best interest of
the City.
Now, therefore, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 21A.54.020, Salt Lake City Code, pertaining to authority to
approve conditional uses be, and the same hereby is, amended to read as follows:
21A.54.020 Authority:
The planning commission, or, in the case of Administrative Conditional Uses, the Planning
Director or designee, may, in accordance with the procedures and standards set out in this
chapter, and other regulations applicable to the district in which the property is located, approve
uses listed as conditional uses in the tables of permitted and conditional uses found at the end of
each chapter of part III of this title for each category of zoning district or districts.
SECTION 2. That Section 21A.54.030, Salt Lake City Code, pertaining to categories of
conditional uses be, and the same hereby is, amended to read as follows:
21A.54.030 Categories Of Conditional Uses:
Conditional uses shall consist of the following categories of uses:
A. Uses Impacting Other Property: Uses that may give rise to particular problems with
respect to their impact upon neighboring property and the city as a whole, including their impact
on public facilities; and
B. Planned Developments: The uses which fall within these categories are listed in the
tables of permitted and conditional uses found at the end of each chapter of part III of this title for
each category of zoning district or districts.
C. Administrative Consideration Of Conditional Uses: Certain conditional uses may be
considered to be low impact due to their particular location and are hereby authorized to be
reviewed administratively according to the provisions contained in section 21A.54.155 of this
chapter. Conditional uses that are authorized to be reviewed administratively are:
1. Applications for low power wireless telecommunication facilities that are listed as conditional
uses in subsection 21A.40.090E of this title.
2. Alterations or modifications to a conditional use that increase the floor area by one thousand
(1,000) gross square feet or more and/or increase the parking requirement.
3. Any conditional use as identified in the Table of Permitted and Conditional Uses for each
zoning district, except those that:
a. Are listed as a"residential" land use in the Table of Permitted and Conditional Uses for each
zoning district;
b. Are located within a Residential zoning district;
c. Abut a residential zoning district or residential use; or
d. Require Planned Development approval.
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4. Public/Private Utility Buildings and Structures in Residential and Non-Residential zoning
districts.
SECTION 3. That Section 21A.54.060, Salt Lake City Code, pertaining to procedures for
conditional uses be, and the same hereby is, amended to read as follows:
21A.54.060 Procedures:
A. Application: A complete application shall contain at least the following information
submitted by the applicant, unless certain information is determined by the zoning administrator
to be inapplicable or unnecessary to appropriately evaluate the application:
1. The applicant's name, address, telephone number and interest in the property;
2. The owner's name, address and telephone number, if different than the applicant, and the
owner's signed consent to the filing of the application;
3. The street address and legal description of the subject property;
4. The zoning classification, zoning district boundaries and present use of the subject property;
5. A complete description of the proposed conditional use;
6. Site plans are required pursuant to section 21A.58.060 of this part;
7. Traffic impact analysis;
8. A signed statement that the applicant has met with and explained the proposed conditional use
to the appropriate neighborhood organization entitled to receive notice pursuant to chapter 2.62
of this code;
9. A statement indicating whether the applicant will require a variance in connection with the
proposed conditional use;
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10. Mailing labels and first class postage for all persons required to be notified of the public
hearing on the proposed conditional use pursuant to part II, chapter 21A.10 of this title;
11. Such other and further information or documentation as the zoning administrator may deem
to be necessary for a full and proper consideration and disposition of the particular application.
B. Determination Of Completeness: Upon receipt of an application for a conditional use,
the zoning administrator shall make a determination of completeness of the application pursuant
to section 21A.10.010 of this title.
C. Fees: The application for a conditional use shall be accompanied by the fee established
on the fee schedule.
D. Staff Report-Site Plan Review Report: Once the Zoning Administrator has determined
that the application is complete a staff report evaluating the conditional use application shall be
prepared by the Planning Division and forwarded to the Planning Commission, or in the case of
Administrative Conditional Uses, the Planning Director or designee, along with a site plan
review report prepared by the development review team.
E. Public Hearing: The Planning Commission, or, in the case of Administrative
Conditional Uses, the Planning Director or Designee, shall schedule and hold a public hearing on
the proposed conditional use in accordance with the standards and procedures for conduct of the
public hearing set forth in Part II, Chapter 21A.10 of this Title. (See Sections 21A.54.150 and
21A.54.155 of this Chapter for additional procedures for public hearings in connection with
planned developments and Administrative Conditional Uses.)
F. Notice Of Applications For Additional Approvals: Whenever, in connection with the
application for a conditional use approval, the applicant is requesting other types of approvals,
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such as a variance or special exception, all required notices shall include reference to the request
for all required approvals.
G. Planning Commission and Planning Director or designee Action: At the conclusion of
the public hearing, the Planning Commission, or, in the case of Administrative Conditional Uses,
the Planning Director or designee shall either: 1) approve the conditional use; 2) approve the
conditional use subject to specific modifications; or 3) deny the conditional use.
SECTION 4. That Section 21A.54.090, Salt Lake City Code, pertaining to conditions on
conditional uses be, and the same hereby is, amended to read as follows:
21A.54.090 Conditions On Conditional Uses:
The Planning Commission, or, in the case of Administrative Conditional Uses, the Planning
Director or designee, may impose on a conditional use such conditions and limitations as may be
necessary or appropriate to prevent or minimize adverse effects upon other property and
improvements in the vicinity of the conditional use, upon the City as a whole, or upon public
facilities and services. However, such conditions shall not be used as a means to authorize as a
conditional use any use which is intended to be temporary only. These conditions may include,
but are not limited to, conditions concerning use, construction, character, location, landscaping,
screening, parking and other matters relating to the purposes and objectives of this Title. Such
conditions shall be expressly set forth in the motion authorizing the conditional use.
A. Violations Of Conditions: Violation of any such condition or limitation shall be a
violation of this Title and shall constitute grounds for revocation of the conditional use approval.)
SECTION 5. That Section 21A.54.110, Salt Lake City Code, pertaining to effect of
approval of conditional use be, and the same hereby is, amended to read as follows:
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21A.54.110 Effect Of Approval Of Conditional Use:
The approval of a proposed conditional use by the Planning Commission, or, in the case of
Administrative Conditional Uses, the Planning Director or designee, shall not authorize the
establishment or extension of any use nor the development, construction, reconstruction,
alteration or moving of any building or structure,but shall merely authorize the preparation,
filing and processing of applications for any permits or approvals that may be required by the
regulations of the City, including,but not limited to, a building permit, certificate of occupancy
and subdivision approval.
SECTION 6. That Section 21A.54.120, Salt Lake City Code, pertaining to limitations on
conditional use approval be, and the same hereby is, amended to read as follows:
21A.54.120 Limitations On Conditional Use Approval:
Subject to an extension of time granted by the Planning Commission, or, in the case of
Administrative Conditional Uses, the Planning Director or designee, no conditional use shall be
valid for a period longer than twelve (12)months unless a building permit is issued and
construction is actually begun within that period and is thereafter diligently pursued to
completion, or unless a certificate of occupancy is issued and a use commenced within that
period, or unless a longer time is requested and granted by the Planning Commission, or, in the
case of Administrative Conditional Uses, the Planning Director or designee. The approval of a
proposed conditional use by the Planning Commission, or, in the case of Administrative
Conditional Uses, the Planning Director or designee, shall authorize only the particular use for
which it was issued.
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SECTION 7. That Section 21A.54.155, Salt Lake City Code, pertaining to administrative
consideration of conditional uses be, and the same hereby is, amended to read as follows:
21A.54.155 Administrative Consideration Of Conditional Uses:
The purpose of this section is to establish an administrative hearing process for certain categories
of low impact conditional uses as authorized by subsection 21A.54.030C of this chapter.
Applications for administrative conditional use approval shall be reviewed as follows:
A. Preapplication And Application Requirements:
1. Preapplication Conference: The applicant shall first meet with a member of the Salt Lake City
planning division to discuss the application and alternatives.
2. Community Council Review: The applicant shall meet with the respective community
council(s) pursuant to subsection 21A.10.010B of this title.
3. Application: The applicant shall file an application and associated application fees with the
planning office on a form prescribed by the city and consistent with this chapter. After
considering information received, the planning director or designee may choose to schedule an
administrative hearing or to forward the application to the planning commission.
B. Administrative Hearing:
1. Noticing And Posting Requirements: Notice of the proposed conditional use shall be mailed to
all applicable property owners and the property shall be posted pursuant to subsection
21 A.10.020B of this title.
2. Administrative Hearing: After consideration of the information received from the applicant
and concerned residents, the planning director or designee may approve, approve with
conditions, or deny the conditional use request.
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At the administrative hearing, the planning director or designee may decline to hear or decide the
request and forward the application for planning commission consideration, if it is determined
that there is neighborhood opposition, if the applicant has failed to adequately address the
conditional use standards, or for any other reason at the discretion of the planning director or
designee.
The planning director may grant the conditional use request only if the proposed development is
consistent with the standards for conditional uses listed in section 21A.54.080 of this chapter and
any specific standards listed in this title that regulate the particular use.
C. Appeals:
1. Objection To Administrative Consideration: The petitioner or any person who objects to the
planning director or designee administratively considering the conditional use request may
request a hearing before the planning commission by filing a written notice at any time prior to
the planning director's schedules administrative hearing on the conditional use request. If no such
objections are received by the city prior to the planning director's administrative hearing, any
objections to such administrative consideration will be deemed waived. The notice shall specify
all reasons for the objection to the administrative hearing. Upon receipt of such an objection, the
matter will be forwarded to the Salt Lake City planning commission for consideration and
decision.
2. Appeal Of Administrative Consideration: Any person aggrieved by the decision made by the
planning director or designee at an administrative hearing may appeal that decision to the Salt
Lake City planning commission by filing notice of an appeal within fourteen (14) days after the
planning director's administrative hearing. The notice of appeal shall specify, in detail, the
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reason(s) for the appeal. Reasons for the appeal shall be based upon procedural error or
compliance with the standards for conditional uses listed in Section 21A.54.080 of this chapter or
any specific standards listed in this title that regulate the particular use.
SECTION 8. 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 3rd day of October
2006.
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F DEP T TY ORDER `. �clorpotHAI
Transmitted to Mayor on 10-4-06 r .
Mayor's Action.. V Approved. Vetoed.
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CH F DEP T I CORDER
APPROVED AS TO FORM
Saft City Attorne a Off4
Date 2 00 io
9 By
(SEAL)
Bill No. 69 of 2006.
Published: 10-14-06 .
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