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071 of 1994 - Amending Title 20 dealing with the approval and amendment of subdivisions* * * SALT LAKE CITY ORDINANCE No. I= of 1994 (Amending Title 20 dealing with the approval and amendment of subdivisions) AN ORDINANCE AMENDING VARIOUS PROVISIONS OF TITLE 20 DEALING WITH THE PROCESS FOR APPROVING OR AMENDING SUBDIVISIONS. WHEREAS, the City Council has held hearings before its own body and before the Planning Commission; and WHEREAS, the City Council has determined that recent changes in the Utah Municipal Land Use Development and Management Act, Section 10-9-101, et seq., U.C.A. and the evolution of subdivision development practice allow the City to improve the efficiency of the process for approval and/or amendment of subdivisions; NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. The following sections are hereby amended or enacted to read as follows: Chapter 20.04 GENERAL PROVISIONS 20.04.010 - .070 * * * 20.04.080 Planning and zoning commission authority. Except as may be specified elsewhere, the City Planning and Zoning Commission shall: A. Act as an advisory agency to the mayor. B. Make investigations, reports and recommendations on CD *** proposed subdivisions or amendments as to their conformance to the Master Plan, Site Development Ordinance, Zoning Ordinances of the City, and other pertinent documents. C. Approve preliminary plats and, when requested by the Mayor, report its actions and recommendations concerning the subdivision to the mayor. 20.04.090 City attorney powers and duties. The City Attorney shall be responsible for reporting to the mayor as to the form of the final plat or other recordable instruments evidencing any action under this title. The City Attorney shall certify that any lands dedicated to the public are dedicated in fee simple and that the person or persons dedicating the land are the owners of record. 20.04.100 Mayor's powers and duties. The mayor, or the Mayor's designee, shall have final approval of final subdivision plats or other recordable instruments evidencing any action under this title, the establishment of requirements for and standards of design of public improvements, and the acceptance of lands and public improvements that may be proposed for dedication. 20.04.110 - 140 * * * 2 20.08.010 and .020 * * * Chapter 20.08 DEFINITIONS * * * 20.08.025 Amendment Petition. "Amendment Petition" means a written petition to the City seeking approval for a proposed vacation, alteration or amendment of a subdivision plat, any portion of a subdivision plat, or any street, lot or alley contained in a subdivision plat. 20.08.030 - .070 * * * 20.08.075 Commercial/Industrial/Agricultural subdivision. "Commercial/Industrial/Agricultural subdivision" means any subdivision of land located in any commercial, industrial or agricultural zoning district which will allow or provide for the construction of non-residential uses in buildings which are allowed as permitted or conditional uses within the district or within an area shown in an adopted General Plan for commercial, industrial or agricultural uses of varying intensities. 20.08.080 - .180 * * * 20.08.185 Major residential subdivision amendment. "Major residential subdivision amendment" means a proposed change to any residential subdivision for which a subdivision plat has been previously approved and recorded and which: A. Results in any change to the dedicated streets from the original subdivision plat; or 3 * * * B. Results in additional building lots being created above the total number of building lots in the original subdivision plat; or C. Any change, except to utility easements, to a subdivision created and approved under any of the City's foothill -related residential subdivision regulations. 20.08.190 and .200 * * * 20.08.205 Minor residential subdivision amendment. "Minor residential subdivision amendment" means a proposed change to any residential subdivision, for which a subdivision or plat has been previously approved and recorded, which is not a major residential subdivision amendment. 20.08.210 Minor Subdivision. "Minor subdivision" means: A. The division of real property, including condominiums and planned unit developments, into thirty (30) or fewer lots which have frontage on an existing dedicated street or on a street to be dedicated as part of the subdivision and which are not located within the Foothill "F-1" Overlay Zone or the Preservation "P-1" zone. B. The division of any real property for the creation of a Commercial/Industrial/Agricultural Subdivision. 20.08.220 - .270 * * * 4 *** 20.08.280 Street. "Street" means all parts of a public street between the property or boundary lines, including parking, sidewalks, gutters and roadways including highways, avenues, boulevards, parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements and other ways. 20.08.290 * * * 20.08.300 Subdivision. A. "Subdivision" means any land that is divided, resubdivided or proposed to be divided into two or more lots, parcels, sites, units, plots or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions. "Subdivision" includes: 1. The division of land whether by deed, metes and bounds description, devise and testacy, lease, map, plat, or other recorded instruments; and 2. Divisions of land for all residential and non- residential uses, including land used or to be used for commercial, agricultural, and industrial purposes. 20.08.310 and .320 * * * 5 * * * Chapter 20.16 PRELIMINARY PLATS 20.16.010 through 20.16.090 * * * 20.16.095 Issues only hearing. A. Within 30 days after the filing of a preliminary plat of a subdivision in a foothill "F-1" or preservation "P-1" zone and any other information required, unless such time as extended by agreement with the subdivider, the Planning Commission shall hold a hearing. The subdivider shall make a presentation of the subdivision proposal to the Planning Commission. The Planning staff shall present a report preliminarily identifying any issues relating to the project based on either the project's location, topography, relationship to City improvements, master plans or otherwise. Any interested party may also present their comments regarding the proposed subdivision. B. Notice of the issues only hearing shall be mailed, at the subdivider's expense, to the owner's of all land abutting the proposed subdivision and the portions of any streets to be constructed as part of the subdivision and all Registered or Recognized Organizations pursuant to Chapter 2.62. 20.16.100 through 20.16.120 * * * 6 20.20.010 Chapter 20.20 MINOR SUBDIVISION Applicability of chapter. *** Notwithstanding any other provisions of this title to the contrary, the procedure set forth in this Chapter shall govern the proceessing of and the requirements pertaining to Minor Subdivisions. 20.20.020 Required conditions and improvements. A Minor Subdivision shall conform to the standards specified in Section 20.28.010, or its successor, of this title, and shall also meet the following standards: A. The general character of the surrounding area shall be well-defined, and the Minor Subdivision shall conform to this general character; B. Lots created shall conform to the applicable requirements of the zoning ordinances of the city; C. Utility easements shall be offered for dedication as necessary; D. Water supply and sewage disposal shall be satisfactory to the City Engineer; E. Public improvements shall be satisfactory to the Planning Director and City Engineer. 20.20.030 Filing of plat and information. The subdivider of a Minor Subdivision shall file an 7 *** application with the Planning Director on a form prescribed by the City. The application shall include: A. Twelve copies of a preliminary plat drawing, showing the land to be subdivided, properly and accurately drawn to scale, and with sufficient additional information to determine the boundaries of the proposed subdivision. The plat shall be certified as accurate by a registered civil engineer or licensed surveyor. B. The names and addresses, on gummed mailing labels, from the current County Recorder's assessment roles of the owners of all real property abutting the proposed subdivision. 20.20.040 Site development permit required when. The Planning Director, after receiving the Minor Subdivision plat, shall indicate to the subdivider whether a site development permit, as specified in Chapter 18.28 of the Salt Lake City Code, is required prior to the subdivider altering the terrain or vegetation on the proposed subdivision site. The site development permit will be issued at the time of Planning Commission approval of the Minor Subdivision. 20.20.050 City internal review. The Planning Director shall obtain comments, within 14 days, regarding the application from all interested City departments or divisions. 8 20.20.060 Public Notice of administrative consideration. A. The Planning Director shall schedule the time for a public administrative consideration of the proposed minor subdivision. The administrative consideration shall not be scheduled less than 14, nor more than 28, days after the notices required by this section have been mailed. B. Notice of the proposed Minor Subdivision shall be mailed to all property owners specified in Section 20.20.030.B. C. The mailed notice shall include a plan or drawing of the proposed Minor Subdivision. The notice shall inform the notified party of the date and time of the administrative consideration of the proposed Minor Subdivision. The notice shall specify that if no prior objection to the administrative consideration is received, the Planning Director may approve the minor subdivision. The notice shall further specify that if no objection is received within ten (10) days after approval at the administrative consideration, such approval shall be final. D. For any petition filed after January 1, 1995, notice shall also be posted at least 14 days prior to the scheduled administrative consideration pursuant to regulations adopted by the Planning Director. 20.20.070 Administrative Approval. If no objection is received as required by Section 20.20.080, the Planning Director may, at the administrative 9 .77 *** consideration, approve the proposed Minor Subdivision if the Planning Director finds that: A. The Minor Subdivision will be in the best interests of the City; B. All lots comply with all applicable zoning standards; C. All necessary and required dedications are made; D. Provisions for the construction of any required public improvements are included; and E. The subdivision otherwise complies with all applicable laws and regulations. 20.20.080 Appeal of administrative consideration. A. The petitioner or any person who objects to the Planning Director administratively considering the Minor Subdivision may request a hearing before the Planning Commission by filing a written notice within 10 days after the Planning Director's scheduled administrative consideration. B. The notice shall specify all reasons for the objection to the Minor Subdivision. C. The Planning Commission shall hear testimony and make a recommendation on the Minor Subdivision. 20.20.090 Appeals to Mayor. A. The petitioner or any person who is aggrieved by a finding of the Planning Commission concerning the approval of a proposed Minor Subdivision and who objected to the administrative 10 consideration, may appeal the finding of the Planning Commission by filing a written notice of appeal to the Mayor or the Mayor's designee within 10 days of the Planning Commission's decision becoming final. B. The appeal shall specify any alleged error made by the Planning Commission. C. The appeal of a Planning Commission recommendation shall be considered by the Mayor or the Mayor's designee on the record made before the Planning Commission. No new evidence will be heard by the Mayor or the Mayor's designee unless such evidence was properly excluded from consideration by the Planning Commission. 20.20.100 Planning Director final approval of recordable instrument. The Planning Director is designated to execute for the City the final recordable instrument for any approved Minor Subdivision upon the Planning Director's satisfaction that all conditions required by law have been fulfilled. 20.20.110 Recordable Instrument. A. Minor Subdivisions which include the dedication or construction of streets or other public rights -of -way or the construction of public improvements shall be recorded on a subdivision plat map. B. Minor Subdivisions not involving streets, public 11 * * * rights -of -way or the construction of public improvements shall be recorded as a "Notice of Minor Subdivision Approval". 20.20.120 Report of Planning Director's actions. The Planning Director shall periodically report to the Mayor and the Planning Commission any action taken by the Planning Director regarding Minor Subdivisions pursuant to this Part. Chapter 20.24 FINAL PLATS 20.24.010 - .070 * * * 20.24.080 Approval by Planning Director. Upon receipt of the final plat, the Planning Director shall, within 14 days, examine the same to determine whether the plat conforms with the preliminary plat and with all changes permitted and all requirements imposed as a condition of its acceptance. If the Planning Director determines that the final plat conforms to the preliminary plat or the Minor Subdivision approval and all permitted changes or conditions, the Planning Director shall approve the plat for execution by the Mayor. If the Planning Director determines that the final plat does not conform fully to the preliminary plat as approved, the Planning Director shall advise the subdivider of the changes or additions that must be made for approval. 20.24.085 Approval by the City Attorney. After the Planning Director's approval of the final plat, 12 *** the City Attorney shall review the final plat to determine the plat's conformity to law and the validity of any dedications granted to the City. 20.24.090 Approval by the Mayor. After the City's Attorney's approval of the final plat, the Mayor shall consider the plat, the plan of subdivision, and the offers of dedication. The Mayor may reject any or all offers of dedication. As a condition precedent to the acceptance of any streets or easements or the approval of the subdivision, the Mayor may require the subdivider, at the City's option, to either improve or agree to improve the streets and install such drainage and utility structures and services as and within the period the Mayor shall specify. Such agreement shall include and have incorporated as part thereof, the plans, specifications and profiles referred to and required under Section 20.24.020 of this chapter, or its successor. If the Mayor determines that the plat is in conformity with the requirements of the ordinances of the City and that the Mayor is satisfied with the plans of the subdivision and the City's acceptance of all offers of dedication, the Mayor shall approve the plat. 20.24.100 and .110 * * * 13 20.30.010 Chapter 20.30 SUBDIVISION AMENDMENTS Part I GENERAL PROVISIONS Amendment initiation. The City may, with or without an Amendment Petition, consider any proposed vacation, alteration, or amendment of a subdivision plat, any portion of a subdivision plat, or any street, lot or alley contained in a subdivision plat pursuant to the provisions of this chapter. 20.30.020 Petition filing. The owner of any land within a recorded subdivision may submit an Amendment Petition to the City pursuant to the provisions of this chapter. 20.30.030 General petition contents. An Amendment Petition shall include: A. The name and address, on gummed mailing labels, of all owners, as shown in the last County assessment roles, of the land contained in the entire plat. B. The name and address, on gummed mailing labels, of all owners, as shown in the last county assessment roles, of land adjacent to any street that is proposed to be vacated, altered or amended; and C. The signature of each of those owners who consents to 14 the petition. 20.30.040 Fees. The petitioners shall pay, with the Amendment Petition, the appropriate fees pursuant to the following schedule: A. 100% consent/no streets involved: $100; B. 100% consent/streets involved: $200; C. Not 100% consent/Expedited Process/no streets involved: $100; D. Not 100% consent/Expedited Process/streets involved: $200; E. Not 100% consent/Full Amendment process/no streets involved: $200; and F. Not 100% consent/Full Amendment Process/streets involved: $300. 20.30.050 Part II 100% CONSENT Purpose and authorization. If the Amendment Petition includes the consenting signatures of all owners specified in Section 20.30.030, the Amendment Petition may be processed pursuant to the provisions of this Part. If, subsequent to the filing of an Amendment Petition without complete consent, the petitioner obtains the complete consent of all required owners, the Amendment Petition may also be processed pursuant to this Part. 15 *** 20.30.060 Staff report. The Planning Director shall assign a member of the Director's staff to prepare a written report regarding the Amendment Petition within 14 days. 20.30.070 Report provided to petitioner. A. The staff report shall be transmitted to the petitioner. B. The petitioner shall provide any comments regarding the staff report to the Planning Director, in writing, within seven days of mailing of the staff report. 20.30.080 Planning Director recommendation. After reviewing any comments from the petitioner regarding the staff report, the Planning Director shall, within 7 days, make a written recommendation to the Council concerning the Amendment Petition. The Planning Director's written recommendation shall be mailed to the petitioner. 20.30.090 Appeal. A. If the petitioner disagrees with the Planning Director's recommendation and the disagreement cannot be resolved, the petitioner may file, within seven days of the mailing of the Planning Director's recommendation, a written notice specifying the petitioner's objection to the Planning Director's recommendation. B. The petitioner's objection shall be heard before the 16 *** City Council subject to the provisions of Section 20.30.100 or .110 depending upon whether streets are involved. 20.30.100 Council hearing, no streets involved. If the Amendment Petition does not involve a vacation, alteration or amendment of a street, the City Council may hear the Amendment Petition without any published or mailed notice. The hearing shall not require the taking of any oral testimony, unless deemed appropriate by the Council, and may consist solely of the Council's approval by motion of the Planning Director's written report. 20.30.110 Council hearing, streets involved. If the Amendment Petition involves the vacation, alteration, or amendment of a street, the Council shall give notice of the date, place and time of a hearing on the Amendment Petition by: A. Mailing notice to all the property owners specified in Section 20.30.030; and B. Publishing the notice once a week for four consecutive weeks before the hearing in a newspaper of general circulation in the City. The four consecutive weeks of publication does not require that the notice be published on the same day each week. The publication on a Saturday and the following day, Sunday, shall be considered to count as two of the four required consecutive weeks. C. The hearing shall not require the taking of any oral 17 testimony, unless deemed appropriate by the Council, and may consist solely of the Council's approval by motion of the Planning Director's written report. 20.30.120 Recordable instrument. If the Amendment Petition is approved by the Council, the Planning Director is delegated the authority to execute and record the appropriate instrument: A. Ordinance. The vacation of all or a substantial portion of an existing plat, vacating or closing alleys and reducing platted street rights -of -ways which do not affect actual street travel ways shall not require an amended plat. Recording of the ordinance taking such actions shall be sufficient notice. B. Deeds. Street rights -of -way dedications for transportation system management improvement projects such as turn flairs, corner curb radii adjustments and alterations for traffic control devices shall not require a recorded plat. The City shall secure and record deeds, in a form acceptable to the City Attorney, for such alterations. C. Plats. Except as provided in subsections A and B, all other amendments to subdivisions shall be recorded with the County Recorder on a final plat map. 18 *** Part III EXPEDITED AMENDMENT PROCESS 20.30.130 Purpose and authorization. A. If the Amendment Petition does not include the consenting signatures of all owners specified in Section 20.30.030, the Amendment Petition may be processed pursuant to the Expedited Process provisions of this Part in the following circumstances: 1. If the existing subdivision is a Commercial/ Industrial/Agricultural Subdivision; or, 2. The application is for a Minor Residential Subdivision Amendment. B. The Planning Director may determine that an Amendment Petition which could otherwise be processed pursuant to the Expedited Process provisions of this Part shall instead be processed pursuant to the full amendment process of Part IV if it is in the best interests of the City to do so. 20.30.140 City internal review. A. The Planning Director shall obtain comments regarding the Amendment Petition from all interested City departments or divisions within 14 days. B. The Division of Transportation may, if the Division determines that the proposed Amendment Petition may have an adverse material impact on traffic, require the applicant to 19 *** submit a professionally prepared traffic impact study prior to the hearing on the application. 20.30.150 Staff report. The Planning Director shall assign a member of the Director's staff to prepare a written report regarding the Amendment Petition within 14 days after completion of the internal review or receipt of the traffic study, whichever is later. 20.30.160 Report provided to Petitioner. A. The staff report shall be transmitted to the petitioner. B. The petitioner shall provide any comments regarding the staff report to the Planning Director, in writing, within seven days of mailing of the staff report. 20.30.170 Planning Director administrative recommendation. After reviewing any comments from the petitioner regarding the staff report, the Planning Director shall, within 7 days, make a written recommendation concerning the Amendment Petition. The Planning Director shall recommend approval of the Amendment Petition if the Planning Director finds that the Amendment Petition: A. Will be in the best interests of the City; B. All lots comply with all applicable zoning standards; C. All necessary and required dedications are made; 20 *** D. Provisions for the construction of any required public improvements are included; E. The subdivision otherwise complies with all applicable laws and regulations. 20.30.180 Public notice. A. Notice of the administrative recommendation regarding the Amendment Petition shall be mailed to all property owners specified in Section 20.30.030 and to all effected Recognized or Registered Organizations pursuant to Chapter 2.62. B. The notice shall include a plan or drawing of the Amendment Petition. The notice shall inform the notified party of the party's right to object to the administrative recommendation by requesting a public hearing on the Amendment Petition before the City Council. C. The notice shall specify that if no request for a hearing is received by the City Council by a date specified in the notice, not less than fourteen (14) days after mailing of the notice, the Council may consider the Planning Director's administrative recommendation regarding the Amendment Petition without taking any further evidence or testimony. D. For any petition filed after January 1, 1995, notice shall also be posted immediately following the Planning Director's administrative recommendation pursuant to regulations adopted by the Planning Director. 21 LtD 20.30.190 If hearing requested. A. If any party requests a public hearing on the Amendment Petition, the Council shall schedule a hearing. B. Notice of a requested Council hearing shall be mailed to the applicant, the party requesting hearing and all Recognized or Registered Organization pursuant to chapter 2.62. 20.30.200 Council hearing, no streets. If the Amendment Petition does not involve a vacation, alteration or amendment of a street, the City Council may hear the petition without any notice. The hearing shall not require the taking of any oral testimony, unless deemed appropriate by the Council or if an objection to the administrative recommendation has been timely filed, and may consist solely of the Council's approval by motion of the Planning Director's written report. 20.30.210 Council hearing, streets involved. If the Amendment Petition involves the vacation, alteration, or amendment of a street, the Council shall give notice of the date, place and time of the hearing by: A. Mailing notice to all the property owners specified in Section 20.30.030; and B. Publishing the notice once a week for four consecutive weeks before the hearing in a newspaper of general circulation in the City. The four consecutive weeks of publication does not 22 *** require that the notice be published on the same day each week. The publication on a Saturday and the following day, Sunday, shall be considered to count as two of the four required consecutive weeks. C. The hearing shall not require the taking of any oral testimony, unless deemed appropriate by the Council or if an objection to the administrative recommendation has been timely filed, and may consist solely of the Council's approval by of the Planning Director's written report. 20.30.220 Recordable instrument. If the Amendment Petition is approved by the Council, Planning Director is delegated the authority to execute and record the appropriate instrument: A. Ordinance. The vacation of all or a substantial portion of an existing plat, vacating or closing alleys and reducing platted street rights -of -ways which do not affect actual street travel ways shall not require an amended plat. Recording of the ordinance taking such actions shall be sufficient notice. B. Deeds. Street rights -of -way dedications for transportation system management improvement projects such as turn flairs, corner curb radii adjustments and alterations for traffic control devices shall not require a recorded plat. The City shall secure and record deeds, in a form acceptable to the City Attorney, for such alterations. 23 motion the C. Plats. Except as provided in subsections A and B, all other amendments to subdivisions shall be recorded with the County Recorder on a final plat map. Part IV FULL AMENDMENT APPROVAL PROCESS 20.30.230 Purpose and authorization. If the Amendment Petition does not include the consenting signatures of all owners specified in Section 20.30.030 and is not processed under the Expedited Process of Part III, the Amendment Petition shall be processed pursuant to the provisions of this Part. 20.30.240 City internal review. A. The Planning Director shall obtain comments regarding the Amendment Petition from all interested City departments or divisions within 14 days. B. The Division of Transportation may, if the Division determines that the proposed Amendment Petition may have an adverse material impact on traffic, require the applicant to submit a professionally prepared traffic impact study prior to the hearing on the application. 20.30.250 Staff report. The Planning Director shall assign a member of the Director's staff to prepare a written report regarding the Amendment Petition within 14 days after completion of the 24 CAD internal review or receipt of the traffic study, whichever is later. 20.30.260 Notice of Planning Commission hearing. Notice of the Planning Commission hearing shall be given by: A. Mailing notice to all the property owners specified in Section 20.30.030; and B. For any petition filed after January 1, 1995, notice shall also be posted at least 14 days prior to the scheduled administrative consideration pursuant to regulations adopted by the Planning Director. 20.30.270 Planning commission hearing. A. The Planning Commission shall hear any evidence and take any testimony to determine whether the Amendment Petition materially injures either the public or any person and whether there is good cause for the amendment. B. The Planning Commission shall also consider the report prepared by the City's Planning staff. C. The Planning Commission shall make specific findings of fact regarding the Amendment Petition and make a recommendation regarding approval or denial to the City Council. D. The Planning Director shall recommend approval of the Amendment Petition if the Planning Director finds that the Amendment Petition: 1. Will be in the best interests of the City; 25 F . CD *** 2. All lots comply with all applicable zoning standards; 3. All necessary and required dedications are made; 4. Provisions for the construction of any required public improvements are included; 5. The subdivision otherwise complies with all applicable laws and regulations. 20.30.280 Council hearing, no streets involved. If the Amendment Petition does not involve a vacation, alteration or amendment of a street, the City Council may hear the petition without any notice. The hearing shall not require the taking of any oral testimony, unless deemed appropriate by the Council, and may consist solely of the Council's approval by motion of the Planning Director's written report and the recommendations of the Planning Commission. 20.30.290 Council hearing, streets involved. If the Amendment Petition involves the vacation, alteration, or amendment of a street, the Council shall give notice of the date, place and time of the hearing by: A. Mailing notice to all the property owners specified in Section 20.30.030; and B. For any petition filed after January 1, 1995, notice shall also be posted at least 14 days prior to the scheduled administrative consideration pursuant to regulations adopted by a0 26 * * * the Planning Director. C. Publishing the notice once a week for four consecutive weeks before the hearing in a newspaper of general circulation in the City. The four consecutive weeks of publication does not require that the notice be published on the same day each week. The publication on a Saturday and the following day, Sunday, shall be considered to count as two of the four required consecutive weeks. D. The hearing shall not require the taking of any oral testimony, unless deemed appropriate by the Council, and may consist solely of the Council's approval by motion of the Planning Commission's written report. 20.30.300 Recordable instrument. If the Amendment Petition is approved by the Council, the Planning Director is delegated the authority to execute and record the final subdivision plat. Part IV APPEALS AND ENFORCEMENT 20.30.310 Exhaustion of administrative remedies. No person may challenge in district court the City's actions on an Amendment Petition under this Chapter until that person has exhausted all available administrative remedies. 20.30.320 Appeals to district court. Any person adversely effected by any decision made under 2/ *** this Chapter may file a petition for review of the decision with the District Court within 30 days after the decision is rendered. 20.30.330 Enforcement. A. The City may, in addition to any other remedy provided by law, may seek to prevent any remedy or violation of this chapter which has occurred or is about to occur by instituting a proceeding for an injunction, mandamus, abatement or any other appropriate action. B. The City may enforce the provisions of this Chapter by refusing to issue building permits. 20.30.340 Civil penalties. Any violations of the provisions of this Chapter shall subject the violator to a civil penalty in the following amounts: A. $200 per day of the violation if the violation occurs in the foothill zoning districts Foothill "F-1" or Preservation "P-1". B. $100 per day of the violation for any other violation. SECTION 2. EFFECTIVE DATE. This ordinance shall take effect immediately upon its first publication. Passed by the City Council of Salt Lake City, Utah, this 9111k day of a/ ( , 1991 . alLiev 444tAk— CHAIRPERSON 28 ATTEST: E ORDER Transmitted to the Mayor on Mayor's Action: A EST: G:\ORDINA94\TITLNUM2.BRB 9 99L/ Approv Vetoed MAYOR 29 t55897o 39 08/12/94 O8s14 Ah1**MO FEE** KATRECORD R,, SALT LAKE COUNTE L.TY,�UT H SL CITY - RECORDER REC: RYaR ZITO 'DEPUTY - WI 1-0 STATE OF UTAH, ss. City and County of Salt Lake, Fcttln Dpu;y, , . , City Recorder of Salt Lake City, Utah, do hereby certify that the attached document is a full, true and correct copy of. . SALT. LAKE. CITY. CODE,. 1988,.. AS AMENDED, SALT LAKE CITY ORDINANCE 71 OF 1994 AMENDING TITLE 20 DEALING WITH THE APPROVAL AND AMENDMENT OF SUBDIVISIONS. passed by City Council/Executive Action of Salt Lake City, Utah, as appears of record in my office. August 9, 1994 19.... IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City, this llth dayof August 4 199... CO Published August 17 Deputy 1994. City Recorder *** SALT LAKE CITY ORDINANCE No. ri i of 1994 (Amending Title 20 dealing with the approval and amendment of subdivisions) AN ORDINANCE AMENDING VARIOUS PROVISIONS OF TITLE 20 DEALING WITH THE PROCESS FOR APPROVING OR AMENDING SUBDIVISIONS. WHEREAS, the City Council has held hearings before its own body and before the Planning Commission; and WHEREAS, the City Council has determined that recent changes in the Utah Municipal Land Use Development and Management Act, Section 10-9-101, et seq., U.C.A. and the evolution of subdivision development practice allow the City to improve the efficiency of the process for approval and/or amendment of subdivisions; NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. The following sections are hereby amended or enacted to read as follows: Chapter 20.04 GENERAL PROVISIONS 20.04.010 - .070 * * * 20.04.080 Planning and zoning commission authority. Except as may be specified elsewhere, the City Planning and Zoning Commission shall: A. Act as an advisory agency to the mayor. B. Make investigations, reports and recommendations on * * * proposed subdivisions or amendments as to their conformance to the Master Plan, Site Development Ordinance, Zoning Ordinances of the City, and other pertinent documents. C. Approve preliminary plats and, when requested by the Mayor, report its actions and recommendations concerning the subdivision 20.04.090 The mayor as to the mayor. City attorney powers and duties. City Attorney shall be responsible for reporting to the to the form of the final plat or other recordable instruments evidencing any action under this title. The City Attorney shall certify that any lands dedicated to the public are dedicated in fee simple and that the person or persons dedicating the land are the owners of record. 20.04.100 Mayor's powers and duties. The mayor, or the Mayor's designee, shall have final approval of final subdivision plats or other recordable instruments evidencing any action under this title, the establishment of requirements for and standards of design of public improvements, and the acceptance of lands and public improvements that may be proposed for dedication. 20.04.110 - 140 * * * 2 *** Chapter 20.08 DEFINITIONS 20.08.010 and .020 * * * 20.08.025 Amendment Petition. "Amendment Petition" means a written petition to the City seeking approval for a proposed vacation, alteration or amendment of a subdivision plat, any portion of a subdivision plat, or any street, lot or alley contained in a subdivision plat. 20.08.030 - .070 * * * 20.08.075 Commercial/Industrial/Agricultural subdivision. "Commercial/Industrial/Agricultural subdivision" means any subdivision of land located in any commercial, industrial or agricultural zoning district which will allow or provide for the construction of non-residential uses in buildings which are allowed as permitted or conditional uses within the district or within an area shown in an adopted General Plan for commercial, industrial or agricultural uses of varying intensities. 20.08.080 - .180 * * * 20.08.185 Major residential subdivision amendment. "Major residential subdivision amendment" means a proposed change to any residential subdivision for which a subdivision plat has been previously approved and recorded and which: A. Results in any change to the dedicated streets from the original subdivision plat; or 3 * * * B. Results in additional building lots being created above the total number of building lots in the original subdivision plat; or C. Any change, except to utility easements, to a subdivision created and approved under any of the City's foothill -related residential subdivision regulations. 20.08.190 and .200 * * * 20.08.205 Minor residential subdivision amendment. "Minor residential subdivision amendment" means a proposed change to any residential subdivision, for which a subdivision or plat has been previously approved and recorded, which is not a major residential subdivision amendment. 20.08.210 Minor Subdivision. "Minor subdivision" means: A. The division of real property, including condominiums and planned unit developments, into thirty (30) or fewer lots which have frontage on an existing dedicated street or on a street to be dedicated as part of the subdivision and which are not located within the Foothill "F-l" Overlay Zone or the Preservation "P-l" zone. B. The division of any real property for the creation of a Commercial/Industrial/Agricultural Subdivision. 20.08.220 - .270 * * * 4 *** 20.08.280 Street. "Street" means all parts of a public street between the property or boundary lines, including parking, sidewalks, gutters and roadways including highways, avenues, boulevards, parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements and other ways. 20.08.290 * * * 20.08.300 Subdivision. A. "Subdivision" means any land that is divided, resubdivided or proposed to be divided into two or more lots, parcels, sites, units, plots or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions. "Subdivision" includes: 1. The division of land whether by deed, metes and bounds description, devise and testacy, lease, map, plat, or other recorded instruments; and 2. Divisions of land for all residential and non- residential uses, including land used or to be used for commercial, agricultural, and industrial purposes. 20.08.310 and .320 * * * 5 * * * Chapter 20.16 PRELIMINARY PLATS 20.16.010 through 20.16.090 * * * 20.16.095 Issues only hearing. A. Within 30 days after the filing of a preliminary plat of a subdivision in a foothill "F-1" or preservation "P-1" zone and any other information required, unless such time as extended by agreement with the subdivider, the Planning Commission shall hold a hearing. The subdivider shall make a presentation of the subdivision proposal to the Planning Commission. The Planning staff shall present a report preliminarily identifying any issues relating to the project based on either the project's location, topography, relationship to City improvements, master plans or otherwise. Any interested party may also present their comments regarding the proposed subdivision. B. Notice of the issues only hearing shall be mailed, at the subdivider's expense, to the owner's of all land abutting the proposed subdivision and the portions of any streets to be constructed as part of the subdivision and all Registered or Recognized Organizations pursuant to Chapter 2.62. 20.16.100 through 20.16.120 * * * 6 20.20.010 Chapter 20.20 MINOR SUBDIVISION Applicability of chapter. * * * Notwithstanding any other provisions of this title to the contrary, the procedure set forth in this Chapter shall govern the proceessing of and the requirements pertaining to Minor Subdivisions. 20.20.020 Required conditions and improvements. A Minor Subdivision shall conform to the standards specified in Section 20.28.010, or its successor, of this title, and shall also meet the following standards: A. The general character of the surrounding area shall be well-defined, and the Minor Subdivision shall conform to this general character; B. Lots created shall conform to the applicable requirements of the zoning ordinances of the city; C. Utility easements shall be offered for dedication as necessary; D. Water supply and sewage disposal shall be satisfactory to the City Engineer; E. Public improvements shall be satisfactory to the Planning Director and City Engineer. 20.20.030 Filing of plat and information. The subdivider of a Minor Subdivision shall file an 7 *** application with the Planning Director on a form prescribed by the City. The application shall include: A. Twelve copies of a preliminary plat drawing, showing the land to be subdivided, properly and accurately drawn to scale, and with sufficient additional information to determine the boundaries of the proposed subdivision. The plat shall be certified as accurate by a registered civil engineer or licensed surveyor. B. The names and addresses, on gummed mailing labels, from the current County Recorder's assessment roles of the owners of all real property abutting the proposed subdivision. 20.20.040 Site development permit required when. The Planning Director, after receiving the Minor Subdivision plat, shall indicate to the subdivider whether a site development permit, as specified in Chapter 18.28 of the Salt Lake City Code, is required prior to the subdivider altering the terrain or vegetation on the proposed subdivision site. The site development permit will be issued at the time of Planning Commission approval of the Minor Subdivision. 20.20.050 City internal review. The Planning Director shall obtain comments, within 14 days, regarding the application from all interested City departments or divisions. 8 * * * 20.20.060 Public Notice of administrative consideration. A. The Planning Director shall schedule the time for a public administrative consideration of the proposed minor subdivision. The administrative consideration shall not be scheduled less than 14, nor more than 28, days after the notices required by this section have been mailed. B. Notice of the proposed Minor Subdivision shall be mailed to all property owners specified in Section 20.20.030.B. C. The mailed notice shall include a plan or drawing of the proposed Minor Subdivision. The notice shall inform the notified party of the date and time of the administrative consideration of the proposed Minor Subdivision. The notice shall specify that if no prior objection to the administrative consideration is received, the Planning Director may approve the minor subdivision. The notice shall further specify that if no objection is received within ten (10) days after approval at the administrative consideration, such approval shall be final. D. For any petition filed after January 1, 1995, notice shall also be posted at least 14 days prior to the scheduled administrative consideration pursuant to regulations adopted by the Planning Director. 20.20.070 Administrative Approval. If no objection is received as required by Section 20.20.080, the Planning Director may, at the administrative 9 * * * consideration, approve the proposed Minor Subdivision if the Planning Director finds that: A. The Minor Subdivision will be in the best interests of the City; B. All lots comply with all applicable zoning standards; C. All necessary and required dedications are made; D. Provisions for the construction of any required public improvements are included; and E. The subdivision otherwise complies with all applicable laws and regulations. 20.20.080 Appeal of administrative consideration. A. The petitioner or any person who objects to the Planning Director administratively considering the Minor Subdivision may request a hearing before the Planning Commission by filing a written notice within 10 days after the Planning Director's scheduled administrative consideration. B. The notice shall specify all reasons for the objection to the Minor Subdivision. C. The Planning Commission shall hear testimony and make a recommendation on the Minor Subdivision. 20.20.090 Appeals to Mayor. A. The petitioner or any person who is aggrieved by a finding of the Planning Commission concerning the approval of a proposed Minor Subdivision and who objected to the administrative 10 * * * consideration, may appeal the finding of the Planning Commission by filing a written notice of appeal to the Mayor or the Mayor's designee within 10 days of the Planning Commission's decision becoming final. B. The appeal shall specify any alleged error made by the Planning Commission. C. The appeal of a Planning Commission recommendation shall be considered by the Mayor or the Mayor's designee on the record made before the Planning Commission. No new evidence will be heard by the Mayor or the Mayor's designee unless such evidence was properly excluded from consideration by the Planning Commission. 20.20.100 Planning Director final approval of recordable instrument. The Planning Director is designated to execute for the City the final recordable instrument for any approved Minor Subdivision upon the Planning Director's satisfaction that all conditions required by law have been fulfilled. 20.20.110 Recordable Instrument. A. Minor Subdivisions which include the dedication or construction of streets or other public rights -of -way or the construction of public improvements shall be recorded on a subdivision plat map. B. Minor Subdivisions not involving streets, public 11 * * * rights -of -way or the construction of public improvements shall be recorded as a "Notice of Minor Subdivision Approval". 20.20.120 Report of Planning Director's actions. The Planning Director shall periodically report to the Mayor and the Planning Commission any action taken by the Planning Director regarding Minor Subdivisions pursuant to this Part. Chapter 20.24 FINAL PLATS 20.24.010 - .070 * * * 20.24.080 Approval by Planning Director. Upon receipt of the final plat, the Planning Director shall, within 14 days, examine the same to determine whether the plat conforms with the preliminary plat and with all changes permitted and all requirements imposed as a condition of its acceptance. If the Planning Director determines that the final plat conforms to the preliminary plat or the Minor Subdivision approval and all permitted changes or conditions, the Planning Director shall approve the plat for execution by the Mayor. If the Planning Director determines that the final plat does not conform fully to the preliminary plat as approved, the Planning Director shall advise the subdivider of the changes or additions that must be made for approval. 20.24.085 Approval by the City Attorney. After the Planning Director's approval of the final plat, 12 *** the City Attorney shall review the final plat to determine the plat's conformity to law and the validity of any dedications granted to the City. 20.24.090 Approval by the Mayor. After the City's Attorney's approval of the final plat, the Mayor shall consider the plat, the plan of subdivision, and the offers of dedication. The Mayor may reject any or all offers of dedication. As a condition precedent to the acceptance of any streets or easements or the approval of the subdivision, the Mayor may require the subdivider, at the City's option, to either improve or agree to improve the streets and install such drainage and utility structures and services as and within the period the Mayor shall specify. Such agreement shall include and have incorporated as part thereof, the plans, specifications and profiles referred to and required under Section 20.24.020 of this chapter, or its successor. If the Mayor determines that the plat is in conformity with the requirements of the ordinances of the City and that the Mayor is satisfied with the plans of the subdivision and the City's acceptance of all offers of dedication, the Mayor shall approve the plat. 20.24.100 and .110 * * * 13 20.30.010 Chapter 20.30 SUBDIVISION AMENDMENTS Part I GENERAL PROVISIONS Amendment initiation. *** The City may, with or without an Amendment Petition, consider any proposed vacation, alteration, or amendment of a subdivision plat, any portion of a subdivision plat, or any street, lot or alley contained in a subdivision plat pursuant to the provisions of this chapter. 20.30.020 Petition filing. The owner of any land within a recorded subdivision may submit an Amendment Petition to the City pursuant to the provisions of this chapter. 20.30.030 General petition contents. An Amendment Petition shall include: A. The name and address, on gummed mailing labels, of all owners, as shown in the last County assessment roles, of the land contained in the entire plat. B. The name and address, on gummed mailing labels, of all owners, as shown in the last county assessment roles, of land adjacent to any street that is proposed to be vacated, altered or amended; and C. The signature of each of those owners who consents to 14 * * * the petition. 20.30.040 Fees. The petitioners shall pay, with the Amendment Petition, the appropriate fees pursuant to the following schedule: A. 100% consent/no streets involved: $100; B. 100% consent/streets involved: $200; C. Not 100% consent/Expedited Process/no streets involved: $100; D. Not 100% consent/Expedited Process/streets involved: $200; E. Not 100% consent/Full Amendment process/no streets involved: $200; and F. Not 100% consent/Full Amendment Process/streets involved: $300. 20.30.050 Part II 100% CONSENT Purpose and authorization. If the Amendment Petition includes the consenting signatures of all owners specified in Section 20.30.030, the Amendment Petition may be processed pursuant to the provisions of this Part. If, subsequent to the filing of an Amendment Petition without complete consent, the petitioner obtains the complete consent of all required owners, the Amendment Petition may also be processed pursuant to this Part. 15 *** 20.30.060 Staff report. The Planning Director shall assign a member of the Director's staff to prepare a written report regarding the Amendment Petition within 14 days. 20.30.070 Report provided to petitioner. A. The staff report shall be transmitted to the petitioner. B. The petitioner shall provide any comments regarding the staff report to the Planning Director, in writing, within seven days of mailing of the staff report. 20.30.080 Planning Director recommendation. After reviewing any comments from the petitioner regarding the staff report, the Planning Director shall, within 7 days, make a written recommendation to the Council concerning the Amendment Petition. The Planning Director's written recommendation shall be mailed to the petitioner. 20.30.090 Appeal. A. If the petitioner disagrees with the Planning Director's recommendation and the disagreement cannot be resolved, the petitioner may file, mailing of the Planning Director's notice specifying the petitioner's Director's recommendation. B. The petitioner's objection shall be heard before the 16 within seven days of the recommendation, a written objection to the Planning * * * City Council subject to the provisions of Section 20.30.100 or .110 depending upon whether streets are involved. 20.30.100 Council hearing, no streets involved. If the Amendment Petition does not involve a vacation, alteration or amendment of a street, the City Council may hear the Amendment Petition without any published or mailed notice. The hearing shall not require the taking of any oral testimony, unless deemed appropriate by the Council, and may consist solely of the Council's approval by motion of the Planning Director's written report. 20.30.110 Council hearing, streets involved. If the Amendment Petition involves the vacation, alteration, or amendment of a street, the Council shall give notice of the date, place and time of a hearing on the Amendment Petition by: A. Mailing notice to all the property owners specified in Section 20.30.030; and B. Publishing the notice once a week for four consecutive weeks before the hearing in a newspaper of general circulation in the City. The four consecutive weeks of publication does not require that the notice be published on the same day each week. The publication on a Saturday and the following day, Sunday, shall be considered to count as two of the four required consecutive weeks. C. The hearing shall not require the taking of any oral 17 *** testimony, unless deemed appropriate by the Council, and may consist solely of the Council's approval by motion of the Planning Director's written report. 20.30.120 Recordable instrument. If the Amendment Petition is approved by the Council, the Planning Director is delegated the authority to execute and record the appropriate instrument: A. Ordinance. The vacation of all or a substantial portion of an existing plat, vacating or closing alleys and reducing platted street rights -of -ways which do not affect actual street travel ways shall not require an amended plat. Recording of the ordinance taking such actions shall be sufficient notice. B. Deeds. Street rights -of -way dedications for transportation system management improvement projects such as turn flairs, corner curb radii adjustments and alterations for traffic control devices shall not require a recorded plat. The City shall secure and record deeds, in a form acceptable to the City Attorney, for such alterations. C. Plats. Except as provided in subsections A and B, all other amendments to subdivisions shall be recorded with the County Recorder on a final plat map. 18 * * * Part III EXPEDITED AMENDMENT PROCESS 20.30.130 Purpose and authorization. A. If the Amendment Petition does not include the consenting signatures of all owners specified in Section 20.30.030, the Amendment Petition may be processed pursuant to the Expedited Process provisions of this Part in the following circumstances: 1. If the existing subdivision is a Commercial/ Industrial/Agricultural Subdivision; or, 2. The application is for a Minor Residential Subdivision Amendment. B. The Planning Director may determine that an Amendment Petition which could otherwise be processed pursuant to the Expedited Process provisions of this Part shall instead be processed pursuant to the full amendment process of Part IV if it is in the best interests of the City to do so. 20.30.140 City internal review. A. The Planning Director shall obtain comments regarding the Amendment Petition from all interested City departments or divisions within 14 days. B. The Division of Transportation may, if the Division determines that the proposed Amendment Petition may have an adverse material impact on traffic, require the applicant to 19 *** submit a professionally prepared traffic impact study prior to the hearing on the application. 20.30.150 Staff report. The Planning Director shall assign a member of the Director's staff to prepare a written report regarding the Amendment Petition within 14 days after completion of the internal review or receipt of the traffic study, whichever is later. 20.30.160 Report provided to Petitioner. A. The staff report shall be transmitted to the petitioner. B. The petitioner shall provide any comments regarding the staff report to the Planning Director, in writing, within seven days of mailing of the staff report. 20.30.170 Planning Director administrative recommendation. After reviewing any comments from the petitioner regarding the staff report, the Planning Director shall, within 7 days, make a written recommendation concerning the Amendment Petition. The Planning Director shall recommend approval of the Amendment Petition if the Planning Director finds that the Amendment Petition: A. Will be in the best interests of the City; B. All lots comply with all applicable zoning standards; C. All necessary and required dedications are made; 20 *** D. Provisions for the construction of any required public improvements are included; E. The subdivision otherwise complies with all applicable laws and regulations. 20.30.180 Public notice. A. Notice of the administrative recommendation regarding the Amendment Petition shall be mailed to all property owners specified in Section 20.30.030 and to all effected Recognized or Registered Organizations pursuant to Chapter 2.62. B. The notice shall include a plan or drawing of the Amendment Petition. The notice shall inform the notified party of the party's right to object to the administrative recommendation by requesting a public hearing on the Amendment Petition before the City Council. C. The notice shall specify that if no request for a hearing is received by the City Council by a date specified in the notice, not less than fourteen (14) days after mailing of the notice, the Council may consider the Planning Director's administrative recommendation regarding the Amendment Petition without taking any further evidence or testimony. D. For any petition filed after January 1, 1995, notice shall also be posted immediately following the Planning Director's administrative recommendation pursuant to regulations adopted by the Planning Director. 21 * * * 20.30.190 If hearing requested. A. If any party requests a public hearing on the Amendment Petition, the Council shall schedule a hearing. B. Notice of a requested Council hearing shall be mailed to the applicant, the party requesting hearing and all Recognized or Registered Organization pursuant to chapter 2.62. 20.30.200 Council hearing, no streets. If the Amendment Petition does not involve a vacation, alteration or amendment of a street, the City Council may hear the petition without any notice. The hearing shall not require the taking of any oral testimony, unless deemed appropriate by the Council or if an objection to the administrative recommendation has been timely filed, and may consist solely of the Council's approval by motion of the Planning Director's written report. 20.30.210 Council hearing, streets involved. If the Amendment Petition involves the vacation, alteration, or amendment of a street, the Council shall give notice of the date, place and time of the hearing by: A. Mailing notice to all the property owners specified in Section 20.30.030; and B. Publishing the notice once a week for four consecutive weeks before the hearing in a newspaper of general circulation in the City. The four consecutive weeks of publication does not 22 *** require that the notice be published on the same day each week. The publication on a Saturday and the following day, Sunday, shall be considered to count as two of the four required consecutive weeks. C. The hearing shall not require the taking of any oral testimony, unless deemed appropriate by the Council or if an objection to the administrative recommendation has been timely filed, and may consist solely of the Council's approval by motion of the Planning Director's written report. 20.30.220 Recordable instrument. If the Amendment Petition is approved by the Council, the Planning Director is delegated the authority to execute and record the appropriate instrument: A. Ordinance. The vacation of all or a substantial portion of an existing plat, vacating or closing alleys and reducing platted street rights -of -ways which do not affect actual street travel ways shall not require an amended plat. Recording of the ordinance taking such actions shall be sufficient notice. B. Deeds. Street rights -of -way dedications for transportation system management improvement projects such as turn flairs, corner curb radii adjustments and alterations for traffic control devices shall not require a recorded plat. The City shall secure and record deeds, in a form acceptable to the City Attorney, for such alterations. 23 *** C. Plats. Except as provided in subsections A and B, all other amendments to subdivisions shall be recorded with the County Recorder on a final plat map. Part IV FULL AMENDMENT APPROVAL PROCESS 20.30.230 Purpose and authorization. If the Amendment Petition does not include the consenting signatures of all owners specified in Section 20.30.030 and is not processed under the Expedited Process of Part III, the Amendment Petition shall be processed pursuant to the provisions of this Part. 20.30.240 City internal review. A. The Planning Director shall obtain comments regarding the Amendment Petition from all interested City departments or divisions within 14 days. B. The Division of Transportation may, if the Division determines that the proposed Amendment Petition may have an adverse material impact on traffic, require the applicant to submit a professionally prepared traffic impact study prior to the hearing on the application. 20.30.250 Staff report. The Planning Director shall assign a member of the Director's staff to prepare a written report regarding the Amendment Petition within 14 days after completion of the 24 * * * internal review or receipt of the traffic study, whichever is later. 20.30.260 Notice of Planning Commission hearing. Notice of the Planning Commission hearing shall be given by: A. Mailing notice to all the property owners specified in Section 20.30.030; and B. For any petition filed after January 1, 1995, notice shall also be posted at least 14 days prior to the scheduled administrative consideration pursuant to regulations adopted by the Planning Director. 20.30.270 Planning commission hearing. A. The Planning Commission shall hear any evidence and take any testimony to determine whether the Amendment Petition materially injures either the public or any person and whether there is good cause for the amendment. B. The Planning Commission shall also consider the report prepared by the City's Planning staff. C. The Planning Commission shall make specific findings of fact regarding the Amendment Petition and make a recommendation regarding approval or denial to the City Council. D. The Planning Director shall recommend approval of the Amendment Petition if the Planning Director finds that the Amendment Petition: 1. Will be in the best interests of the City; 25 *** 2. All lots comply with all applicable zoning standards; 3. All necessary and required dedications are made; 4. Provisions for the construction of any required public improvements are included; 5. The subdivision otherwise complies with all applicable laws and regulations. 20.30.280 Council hearing, no streets involved. If the Amendment Petition does not involve a vacation, alteration or amendment of a street, the City Council may hear the petition without any notice. The hearing shall not require the taking of any oral testimony, unless deemed appropriate by the Council, and may consist solely of the Council's approval by motion of the Planning Director's written report and the recommendations of the Planning Commission. 20.30.290 Council hearing, streets involved. If the Amendment Petition involves the vacation, alteration, or amendment of a street, the Council shall give notice of the date, place and time of the hearing by: A. Mailing notice to all the property owners specified in Section 20.30.030; and B. For any petition filed after January 1, 1995, notice shall also be posted at least 14 days prior to the scheduled administrative consideration pursuant to regulations adopted by 26 *** the Planning Director. C. Publishing the notice once a week for four consecutive weeks before the hearing in a newspaper of general circulation in the City. The four consecutive weeks of publication does not require that the notice be published on the same day each week. The publication on a Saturday and the following day, Sunday, shall be considered to count as two of the four required consecutive weeks. D. The hearing shall not require the taking of any oral testimony, unless deemed appropriate by the Council, and may consist solely of the Council's approval by motion of the Planning Commission's written report. 20.30.300 Recordable instrument. If the Amendment Petition is approved by the Council, the Planning Director is delegated the authority to execute and record the final subdivision plat. Part IV APPEALS AND ENFORCEMENT 20.30.310 Exhaustion of administrative remedies. No person may challenge in district court the City's actions on an Amendment Petition under this Chapter until that person has exhausted all available administrative remedies. 20.30.320 Appeals to district court. Any person adversely effected by any decision made under 27 *** this Chapter may file a petition for review of the decision with the District Court within 30 days after the decision is rendered. 20.30.330 Enforcement. A. The City may, in addition to any other remedy provided by law, may seek to prevent any remedy or violation of this chapter which has occurred or is about to occur by instituting a proceeding for an injunction, mandamus, abatement or any other appropriate action. B. The City may enforce the provisions of this Chapter by refusing to issue building permits. 20.30.340 Civil penalties. Any violations of the provisions of this Chapter shall subject the violator to a civil penalty in the following amounts: A. $200 per day of the violation if the violation occurs in the foothill zoning districts Foothill "F-1" or Preservation "P-1" . B. $100 per day of the violation for any other violation. SECTION 2. EFFECTIVE DATE. This ordinance shall take effect immediately upon its first publication. Passed by the City,�Council of Salt Lake City, Utah, this 9T day of (Tla [us, , 1991 . CHAIRPERSON 28 ATTEST: E ORDER Transmitted to the Mayor on Mayor's Action: A EST: G:\ORDINA94\TITLNUM2.BRB Bill No. 71 of 1994 Published: August 17, 1994 9 i99y Approv Vetoed *** MAYOR 29