076 of 2010 - enacting a temporary land use regulation suspending fees required for zoning text or map amendments 0 10-01
0 10-6
SALT LAKE CITY ORDINANCE
No. 76 of 2010
(Temporary land use regulation suspending fees required for zoning
text or map amendments pertaining to historic overlay districts)
An ordinance enacting a temporary land use regulation to suspend fees required for
zoning text or map amendments pertaining to historic overlay districts until January 15,2011.
WHEREAS,Section 10-9a-504 of the Utah Code allows cities,without a public hearing,
to enact ordinances establishing temporary land use regulations for any part or all of a
municipality if the municipality's legislative body makes a finding of compelling,countervailing
public interest;and
WHEREAS,the Yalecrest National Historic District("Yalecrest")is an area of the City
that has been placed on the National Register of Historic Places;and
WHEREAS,in July 2010,the Council adopted a Legislative Intent outlining a potential
process for the Yalecrest community to work in small groups and"at the appropriate time,when
broad-based support has been achieved within the area,request review by the Historic Landmark
Commission"to establish a local historic district;and
WHEREAS,since that time Yalecrest residents have,in a number of forums,vigorously
debated whether such a district should be established in the Yalecrest area;and
WHEREAS,during the October 12,2010 Work Session,the City Council
confirmed its intent to close out any Council-initiated petition or action relating to
establishment of a local historic district in the Yalecrest neighborhood;and
WHEREAS,the purpose of such Council action was to leave the pursuit of such a
historic district designation in the hands of the community,to give the neighborhood the
opportunity for`self-determination',and to provide an opportunity for community
consensus to be achieved regarding this matter as has been accomplished in other City
local historic districts;and
WHEREAS,in consideration of the foregoing,the Council believes that barriers
to successful community dialogue regarding this matter should be removed;and
WHEREAS,one such barrier is the requirement that neighborhood groups must
pay a fee to petition for a zoning map amendment to establish a historic overlay zone or
to amend zoning requirements applicable to the establishment of such a district("Petition
Fees");and
WHEREAS,petitions are likely to be submitted to the City relating to this issue;
and
WHEREAS,the Council finds Petition Fees should be suspended until January
15,2011 in order to encourage meaningful public dialogue regarding possible
establishment of a local historic district in the Yalecrest area.
NOW,THEREFORE,be it ordained by the City Council of Salt Lake City,Utah:
SECTION 1. Finding of compelling,counterveiling public interest. Pursuant to Section
10-9a-504 of the Utah Code,the City Council expressly finds that the petition fees or historic
district zoning map or text amendments,required under Section 21 A.64.010,Salt Lake City
Code, should be suspended until January 15,2011 in order to encourage meaningful public
dialogue regarding possible establishment of a local historic district in the Yalecrest area and that
suspending such fees constitutes a compelling,countervailing public interest which justifies this
temporary land use regulation.
SECTION 2. Balancing of Public vs.Private Interests. The City Council further finds
that because this temporary zoning regulation will apply equally to petitioners who may support
or be against establishment of a Yalecrest local historic district,any harm to private interests is
de minimur and is outweighed by the public interest in promoting civic dialogue regarding an
important public issue.
SECTION 3. Temporary zoning regulation. Notwithstanding any other ordinance
adopted by the City Council which provides otherwise,during the period of this temporary land
use regulation,the fee to amend historic district overlay zone regulations or to apply a historic
district overlay zone,as set forth in Section 21 A.64.010(Fee Schedule)of the Salt Lake City
Code, is hereby suspended until January 15,2011.
SECTION 4. Duration. This temporary land use regulation shall remain in until January
15,2011.
SECTION 5. Effective date. This ordinance shall become effective upon publication.
Passed by the City Council of Salt Lake City,Utah,this 19 th day of October,2010.
C IRPE ON
ATTEST:
CIT REyO diA" ;,;", aryl?:
Transmitted to Mayor on 10-25-2010
1
Mayor's Action: X Approved. Vetoed.
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MAY6R
ATTEST:
APPROVED AS TO FORM
Date /0-1 —/O
Y ORDE
By.
(SEAL)
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Bill No. 76 of 2010. z'
Published: ID-3:i__2O10 ={«F=tie ; ': 3*
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