077 of 1983 - Amendment of Chapter 11, Title 51 - Airport Zoning and Height regulations by amending sections 51-11 I�- /
P 83-430
MICROFiUMED
SALT LAKE CITY ORDINANCE
Bill No. 77 of 1983
(Airport Regulations )
AN ORDINANCE AMENDING CHAPTER 11 OF TIM- E 51 OF THE REVISED
ORDINANCES OF SALT LAKE CITY, UTAH, 1965, AS AMENDED, RELATING TO
AIRPORT ZONING AND HEIGHT REGULATIONS BY AMENDING SECTIONS
51-11 -1 (PURPOSE) , 51-11-3 (DEFINITION) , 51-11-4 (AIRPORT ZONES )
AND 51-1 1-19 (RESTRICTION ZONES) ; AND BY ADDING SECTIONS 51-1 1-
19A, 51 -11-19B, 51 -11-19C RELATING TO AIRPORT RESTRICTION ZONES,
INCOMPATIBLE USE AND AVIGATION EASEMENT.
WHEREAS, Petition No. 400-31 by the Salt Lake City Airport
Authority requests approval of the Airport Land Use Policy Plan,
and its proposals to establish restriction zones and require new
construction to provide sound attenuation to reduce the effect on
occupants of structures within the higher noise levels associated
with aircraft activity in the restriction zones and to require
avigation easements to memorialize the City's existing
prescriptive air rights for the Salt Lake City International
Airport. After recommendation from the Planning Commission, the
City Council of Salt Lake City, Utah has held public hearings
before its own body to consider adopting said Plan and the
legislative proposals required to accomplish the objectives of
that Plan. The Council has taken into consideration citizen
testimony, professional opinions, and other data regarding the
impact of the regulations designed to reduce incompatible uses in
the restriction zones and memorialize the Airport 's existing
prescriptive easements over land which is primarily undeveloped
but experiencing development pressures; and
WHEREAS, the Airport 's continued operation is essential to
the community and people developing and occupying land do so with
full knowledge and subordination to the natural impacts of its
continued use. The City is not willing to take legislative
action that will encourage increased development without
protecting the Airport, it' s activities and projected expansion
from claims of nuisance. Based on the foregoing, the City
Council finds it appropriate and does hereby adopt the Airport 's
Land Use Policy Plan as part of its comprehensive master plan,
together with the proposed changes in the zoning ordinance as
necessary and proper for the safe operation of the Salt Lake City
International Airport; and
WHEREFORE, the City Council of Salt Lake City, Utah, hereby
adopts the following amendments to the Airport Zoning and height
regulations in Chapter 11 of Title 51 .
NOW, THEREFORE, be it ordained by the City Council of Salt
Lake City, Utah:
SECTION 1 . That Section 51-11-1 of the Revised Ordinances
of Salt Lake City, Utah, 1965 as amended, relating to the purpose
of said Airport zoning regulations be, and the same hereby is
amended to read as follows :
-2-
Sec. 51-11-1 . Purpose. It is hereby determined that an
airport hazard endangers the lives and property of users of the
Salt Lake City International Airport, and the health, safety and
welfare of property or occupants of land in its vicinity, and
also, if of the obstruction type, or of the incompatible use
types in effect reduces the size of the area available for
landing , take-off and maneuvering of aircraft, thus tending to
destroy or impair the utility of the Salt Lake City International
Airport and the public investment therein. Accordingly, it is
hereby declared:
( a)
(b)
(c )
SECTION 2. That Sections 51-11-3 and 51-11-4 of the Revised
Ordinances of Salt Lake City, 1965, as amended, relating to
definitions and identification of airport zones cited in the Salt
Lake City International Airport zoning ordinance, be, and the
same hereby are amended by adding Section 51-11-3 subsections
(q) , (r) and (s) relating to definitions of "incompatible use"
"air circulation systems" and "sound attenuation" , and by adding
airport restriction zones to said Section 51 -11-4 which shall
read as follows :
Sec. 51-11-3 . Definitions. In this chapter the following
terms, phrases, words and their derivations shall have the
meanings as hereinafter defined :
-3-
( a) "Airport"
(b)
* * *
(q) "Incompatible use" shall mean any structure or use of
land which because it exposes residents or occupants in the
vicinity of airports to aircraft noise, constitutes an airport
hazard.
(r) "Air circulation system" shall mean any method of
cooling and heating an area with all windows and/or doors closed
or with evaporative coolers and/or similar devices.
( s) "Sound attenuation" shall mean special construction
methods or materials supplementing general building code
requirements that are designed or have the affect of insulating
interior spaces from exterior noise or sound to lower decibel
levels. Sound attenuation requirements of Sections 51 -11 -19A, et
seq. , must be demonstrated and satisfied on building plans,
pursuant to the requirements of Chapter 18 of Title 5 of these
ordinances before they can be approved by the Building official .
Sec. 51-11-4. Airport zones. In order to carry out the
provisions of this ordinance, there are hereby created and
established certain zones which include all of the land lying
within the approach zones, transitional. zones, horizontal zones,
conical zones, and airport restriction zones. Such zones are
shown on the Airport Zoning Map on file in the office of the City
Planning and Zoning Commission, as the same appears as of the
-4-
effective date of this amending ordinance, and as hereinafter
amended from time to time hereinafter updated to reflect the
updating changes made thereon by ordinances adopted by the City
Council . Said Map and all references, notations and other
information shown thereon are hereby made a part of this chapter
and incorporated by reference to the same extent as if said Map
and the information thereon were fully described and set forth
herein.
SECTION 3. That Section 51-11-19 of the Revised Ordinances
of Salt Lake City, Utah, 1965 as amended, relating to the
superiority of the most restrictive limitation in the event of a
conflict of zones, be, and the same is amended by adding Sections
51-11-19A, 51-11-19B and 51-11-19C relating to the Airport
restriction zones, which shall read as follows :
Sec . 51-11-19. Most restrictive limitation prevails. An
area located in more than one (1 ) zone shall conform to the
regulations of the zone with the more restrictive regulation or
limitation.
Sec. 51-11-19A. Airport restriction zone. Airport
restriction zones as reflected on Figure 3-1 of the Airport ' s
Land Use Policy Plan, which shall be reflected in the Zoning Map,
are hereby established as follows:
( a) Airport restriction zone "A" is that area exposed to
the most severe levels of aircraft noise.
-5-
(b) Airport restriction zone "B" is that area exposed to
severe levels of aircraft noise.
( c) Airport restriction zone "C" is that area exposed to
moderate levels of aircraft noise.
Sec. 51-11-19B. Airport restriction zones - incompatible
uses. Except as provided for in this chapter, no structure or
use of land shall be erected , altered , or utilized in any airport
restriction zone so as to create an incompatible use as herein-
after established for such zones. To avoid the enlargement of
existing non-conforming uses, hereby defined as incompatible,
compliance with these provisions will be required for the entire
structure when changes of use occur. Where structures, other
than single or two-family dwellings, are remodeled or altered ,
only the area involved in the work must comply. The requirements
of sound attenuation to various levels set forth below, are found
in chapter 18 of title 5 of these ordinances, but are
incorporated herein by reference.
(a) Airport restriction zone "A". The following uses are
incompatible in this zone and are prohibited :
( 1 ) Residential uses.
( 2 ) Commercial uses except those constructed with air
circulation systems and at least 25 db =of sound attenuation.
( 3 ) Institutional uses such as schools , hospitals,
churches and resthomes.
-6-
( 4 ) Hotels and motels, except those constructed with
air circulation systems and at least 30 db of sound attenua-
tion in sleeping areas and at least 25 db of sound attenua-
tion elsewhere.
(b ) Airport restriction zone "B" . The following uses are
incompatible in this zone and are prohibited:
( 1 ) Residential uses except residences in agricultural
zones with air circulation systems and at least 25 db of
sound attenuation.
(2 ) Institutional uses such as schools, hospitals,
churches and resthomes, except those constructed with air
circulation systems and at least 25 db of sound attenuation.
( 3 ) Hotels and motels except those constructed with
air circulation systems, and at least 25 db of sound
attenuation, in sleeping areas.
(c ) Airport restriction zone "C" . The foll.owina uses are
incompatible uses in this zone and are prohibited:
( 1 ) Residential uses except those constructed with air
circulation systems.
( 2 ) Mobile homes except those constructed with air
circulation systems and at least 20 db of sound attenuation.
( 3 ) Institutional uses such as schools, hospitals,
churches and resthomes except those constructed with air
circulation systems.
-7-
Sec. 51-11-19C. Airport restriction zones. Avigation
easement. Any development on land located within Airport
restriction zones A, B or C, requires the acknowledgment of the
existing prescriptive avigation easement. Such easement is the
memorialization by dedication of an avigation easement by the
owners, both legal and equitable, of the property to be
developed . A prototype of the avigation easement shall be on
file with the City Recorder. For purposes of this action,
development requiring the easement is defined as the subdivision
of land (defined under Title 42 ) and/or the new construction of
buildings or improvements upon vacant land , excepting only: ( 1 )
new construction which is proposed on improved and subdivided
property where plats therefore were approved and filed of record
prior to September 13 , 1983, the date of conceptual approval
following public hearing ; and ( 2 ) remodeling of or additions to
existing structures on improved and subdivided lots, provided no
change of use is involved. The requirement of an avigation ease-
ment is separate and apart from the various sound attenuation
requirements that may be imposed on construction in various
zones.
SECTION 4 . This ordinance shall take effect upon its first
publication.
Passed by the City Council of Salt Lake City, Utah,
this 8th day of December , 1983 .
-8-
CHA-LIRM
ATTEST:
✓ JCITY RECORDER
Transmitted to Mayor on December 8, 1983
Mayor's Action: 12/8/83
MAYOR
ATTEST:
TY RECORDER
cm82
(SEAL)
BILL 77 of 1983
Published: December 19, 1983
-9-
r Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
SALT LAKE CITY oRDiNANcI:—— Ciery�l Gierlo f
sinNo.naRDI - ................................................................................
.-r. ))
AN ORDIN CE�A ED G CHAPTER 11 OF TITLE 51
OF THE R pORDI E OTFp SpALT KE I.tY UTAH.
1965.,A8, . I�D T RELA I END,RG T If�G AND
HEIG E ULA 1OW BY q�e N E 1 N 51-114
AN( w�9 5i;&1gg-T3•R(DEF1 TION r i-rt,:f 1yRItQRT� VG
Being first duly sworn, deposes and says that he is legal
R 11 'Sl-11ES �N1 LA IN¢TO ICI�PtOG advertising clerk of the DESERET NEWS, a daily
'�NI A ), LE Ua� d4Nv
Tt. N tl Al (except Sunday) newspaper printed in the English
alCrf - •Fai�eyant language with general circulation in Utah, and
fish ,ibrto, r airs new published in Salt Lake City, Salt Lake Count in the
�•t�'
�Ound r«k,a�etrecr on: y,
'(Nest reawflhiltitlN• (plgldvuhpaeociated p Y�
ever, In»e n018N alswt ro r ulre avl- State of Utah.
'g `tSl memorializee�cAlporerriWNe
sl ita:ga t Laket of
eCC(i 1 t �y,.A rec-
$aIf nYtbh t Uiah hesFileld io i i ' - Ci its wou
„to ����i�����ona If has
That the Iegal notice of which a copy is attached hereto
a Ions
data dl `tom i t o ie►ewiaatlaa tleeI a
't "A�9 dRatatt U;MR�IV4 ion.:onos avid over land
�a _
, 1e,,,a dyer lam It Lake City Oxdina.nce Bi11 No. 77 of 1983
. ely.fiB tlM ri�y,'.brtdeve. .. .' tew>aI, '• no rkveiowrt
i and. ,
RE )nie Al rNs;imt1puo aoaFation Is essential to i
1q,W p�e developing and oocupylnq low do to Airpoxt Regulation
I.Culawledtae a subordination,to,)he net
lra impacts of
it`s lisa:T}w i ndf tvllll'ny to take Iepls�ative adlan
t Page ine eed deKakrartwnf w,lnwut proteegrr��the
A `acnvlt arks pro ved experobn�ffr�om dair)s of
nl)isa rl d an bf lol CI s LriO WaPalkyan
Of
1Wsivee reader plan,together with the pro-
niches.In, olydtname as"nsaesssry•sn�proper
s.� open'atia,a�f 1he.Sq�Y Lake CIN.Irltarnaflena)Airvorl� ...............................................................................................................
arkR `
t�F REFORE,the City Council of Solt Lik0 City,Utah,two
b1T- the toe lq a mannls to the,Airport-Zoning and
r V-of TINe'$1.,
u� Ir
„ 1�1yy ..............................................
S CTION i.7lwt s&tlort`si t a e ReVI •COr Cwnle s of
T U be 1M.
Salt ' C I sad Ordinances of
Sal Lake City,' tah,Nkt s to the purpose of
follows:, the same hereby is was published in said newspaper on.........................................
nded to read
ha7Awd endanger lghe lives
and property
health,mined that an airport
sa_. Airport zoning raga flora'be;
Cl"n
Sec.51-11-1.Purpose.It is hereby defer
hazard endangers the lives and the eal of users of Ilw Salt re of ......e C ??t?.�r...�.9.'...
safety and welfare of S� . ..........................
prop ,Or occupants of land in Its vicity,and also if of the
obsirudion type,or of the Incompatible use types in ei/ect reduc-
es the size of the area available for larding,take.o}f and maneu-
verW of aircraft,thus tending to destroy or Ing t the utility of
the,Salt Lake City International AAirport and Mw public invest• ...................................................... .. ....
m atein.Aaadingly,ItIsterebydedared: LegXAArtisin rk
((b)...
W8 CTION 2.That SeecCtlons 51.11.3 and 51-11.4 of the
pRevised
nit o s and Identification tificatkion of airport az zones Cited'In Medial Salt Lake
herYetri e nati n l Airport zoning
seardiin'"`°51., be, and the
h same "e me this ................................9tk........................................... day of
(r) and (s) relating tO definftiaa of"i patlble use" "air
circulation syysstems' aid sound atteragfin", and by adding
airport restriction zones to sold Section 51.114 which Shen read ...A.D. 19...84
I as follows:
Sec.51-11-3.Definitions.In this chapter the following terms,
phrases,
worer eds ed their derlvatlom shall have the meanings as
(a)"AirparN'•"'
4b)...
3
v\.X.............. ..................•...................
Notary Public
My Commission Expires
QcQTiex.. .�...:1986...................
ADM-35A
To)'Yn4o taRGa uw'WII moon am strwhNs or ua of
i ISM whitll eaOlr It:o,aaaa rMldem,W omasatls In the vlCim
ih dalr�Ma ro errant naia,orelitdsa an a4owt M:ard.
Irq lr)'Atr cVMeannNsalrryonaaavMattY'alaNl span am rteRnd of
wirsp. t�llngW eoolers' e�slmlw ant/d dooracloW or
�M(aa')/aF"erSounN Menuellon"shall Insen specIal canalruWm
mainda or maerleh 8addetllbdtro lkrerel bulldan code ra-
°I lremada Mpr ero desroned or tpva 1M effect of Ines afald IMe-
aoacea born exrtesnukr rolwlaor noun to wne!aoclna ass.,
ce.E.-a»0 aC1Mao�ahalad Of on W1 0 Title saWMotwl p law w~w4"I
ro' a rMeaayuusowoved W rlw Biilldlnc ONklegl~o ard4unca
.A•11-a Alroat wlw.Ir ardn Mom w11M provF
Non N rids o"n""',Mara ire herebY aW W and eaaMINMd
cerfalh,cerla VMkh YICh10e all of nit land IYInY wiMM N1a ao-
woKh aosw,lramn+otW aar1N, Menial Homes, of Mh1as,
erWaieorr Evil.
ores.StKh mrs aro m Mp Am
aerhZOAing Meo on tint In ann oflin of I�hs GW he~.dilft
eltl
d Misr.Wk& srw a pro. tW f—
tllMY,aaW tans MrNnreMryaarr uodeled to rsllac'ft films
iro dssnasl
nitla MMreon by ormoltca adopted by the CHY Couoi1.Said
MAMsa�and all ndatlau WW oflef InlorrrialMn moan
Wlmferweriecelaxla l as IlauidMeo aMIMMmalr
j lion Hereon vefeMlwdewlbedandsel term MrNn. '
1
6CTION 1 ThN sadbn S1-11-19 d Me Rea dralterlw
N SaM-Ea.CITY,Utah,lM aof
which amwlgd,rNefinp Mol1eM"Is
l le 9lCelowselmaiMlvnaaddM'%�.�ala��.i4ra
BBC.S1-11.19.Most restrictive IImNeMan a evalla A.ant
1o4kd In more Man aro(1)zone NNI mld9rrrl to Mp rea 4=
zadydtthe XOM wMMhfsshe rw=`i hmto orrrolmrf Icrbn
MYhI; lWl11,01.
l FlweflMM to"Is
MA7mIrosMaoo era trMY'..
es (a}AUpwT reatlRbn are"A"IS opt area exeoad to fle
rnalPwvaro leal4 d alraeN note.
vai6�lg)yeh d atr Mltroctionia asp„g„Is thin area"POW ro as,
(c)Airopi resVlpion wIe"C"Is that see exlesed to snob
eratelMlad elrcleM role.
Sac.S1;1",196.Airwrt rgtrk9Mn awes-IrxbrNetlbM uses.
Except as MovNW fer N Mk f,ro Nrwfuro er ua d lame
Ns11hu user�wL�elMrediKwnWyllslMzed Inuas was herN�Ma�R
mrrryaaf�Tpoy dU�eniys=Ibken�N�ro�
xnM Nee orMlsl WII be leWlred M Mp eldlre srrucNro,
ww9rytesr�dlonea of UN O[wr.Y/11ero anKlNra,tiller Ilpn saple er
tvria N MlNllnas,ere rerrmdale0 or aterod,opt,Me era.
MVo74ed in Ile work muss conp�Y.The raWi/Nr1Mli d sand.
1MenUrfMon ro various MYNs M Nrlh hebv,are fgan In d=
a 0l tllle 5 of IIeY adNlencas,bd ere YltLreorsMd horeM the
refarortce.
( Alroort restriction core"A".The folMwlro uses are In
coT IneNtlMlleluNs.1Ms zone and aro aohlNMd:
1 R
2 Con—rciai uses except Mane corshm"d with
afY clrcul111,SYaems and a Mee u Is d scud att-
Ins"Mlonal Islas swh as schools,hosFltaW
lhurctes and ramones.
(4)Nolale and np101s,ezcwh 111oae conswucrad with
SSlrMarian svaterrp and 41,Mast fi db d sound amen
uetton on elosewtrre.
no areas end Mad 25 db d sand=
on
cc11 e�IMerro ,Iama.a°I11blMa:Mlbwlno use are err
(1)I�RteWatM1 u9es except-id.—M aprie lM-
al comet wIM Nr chalet:Mille erla a Mar 2S db of
w�Wll42)
. Ins utlsMt kMn.re lWap9�Wct p Wnos,hpads
Wish
.Irjh!Uldhroand acdmdd —
,
a1r.clrcul Nltbe svMaim,Ln0a l bs D�s�cuid ale n
Ratio,In saaaap areas
cemMviis MiloMro uses we In
t an In restriction
3 ne and am tiro s E
-air ciiallal�tbttlfts aysal uses
sesseaWAN Mesa caWnu:Md win
gicaaNMs�li snMrenmaand M Nasfl X db d Mtructed tth air
att—
riw.
"(3) IrMlMiwel uaa suds a-dada,hadtNs,
churdos and rsdh—axGapt Mna .clstrucad with
ink clrcMHwt ayskm.
gdea�ve51-11-19C.Alrpert rearldion zwei."'"n"n sawrent.
Amp
9_or CI,r�eoW a°As NI"I�t drNMtMNro Iapn mms
live avleahon easarrpM.kah aasenea b Me rNnorlalheMm
by lion d an avMaNan aswtte14 by Me- ors,both Meal
ant(, I,.-d 111a eroartY ro bin dsaloaed.A erofof We d Me
aA eaenpnr fhsiI M on flit wit Ma_p6imis.1 Civ RacerMr.For
defirlaI eras ft this
Wb�dlVi iorl for I�M ldafl iMd Ildireef TItM a9 o she essammant Mr
the new corulfuttiohl d bN ro�m hlIcavemada won voted
leatqp;;Cxca and (1)new Cottshtictlort whichla paOoaBA onare mpradd l d of lead oraparry where dam".mitre were
appfoval and flMd d rocc'd pflar to Saaenber 13,190t Ne dW
pf CCKeplwl aeoroval faloweq olMk holing:and(x)renlodal-
inn�u--oo9t er addlrbre ro exWlro atruchua on arormed bit eubdF
vidad`ioM,twovlded ro dlellaa of va M Involved.Tip rlcnra
mW 1bMf an avMMian aMmenf la aovW and dart tom Mp
varinda,soud Ion rosWromeMs Mat msY M IrrloWad an
'tmskydMnIn varN zaps.
SfiCTION 4.TM.afdlroncB ahall rite NMcf uOan Ns FlrN
Fcesaed by ip.CNY Oxmil d Soft
Laos City,Utan,this ant
dai d.Qscarnter,19tl.
'y}� ORA NAIMRMA@N:
dTFOR N ASAMSNALL
UTY RRCOROER
_TfamminsdroAuyof on OeaaWef B,-1%7
••ANYM'a Mbn:OawrtAer a,19a7 gSppNN
TED MAYOR(
'KAT{E{9f5��1(N MARMALL
C(YC`Y'RECORC"
(ppSRNFFAAu7)
1>IIIBtl:lMnber 19,IM
fir