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091 of 2005 - enacting temporary zoning regulations for compatible residential infill development in certain geogr 0 05-1 • 0 05-16 SALT LAKE CITY ORDINANCE No. 91 of 2005 (AN ORDINANCE ENACTING TEMPORARY ZONING REGULATIONS FOR COMPATIBLE RESIDENTIAL INFILL DEVELOPMENT IN CERTAIN GEOGRAPHIC AREAS OF THE CITY) AN ORDINANCE ENACTING TEMPORARY ZONING REGULATIONS REQUIRING COMPATIBLE RESIDENTIAL INFILL DEVELOPMENT FOR CERTAIN GEOGRAPHIC AREAS OF THE CITY. WHEREAS, Section 10-9a-504 of the Utah Code Annotated allows cities, without a public hearing, to enact ordinances establishing temporary zoning regulations for any part or all of the City if the City Council makes a finding of compelling, counterveiling public interest; and WHEREAS, Section 10-9a-504 of the Utah Code Annotated allows the City in a temporary zoning regulation to prohibit or regulate the erection, construction, reconstruction or alteration of any building or structure; and WHEREAS, during the past few years several local communities have begun to develop proposals for regulating the compatibility of residential construction in their community; and WHEREAS, during this same time period, the City Council has been evaluating compatible residential infill development standards for the City as a whole; and WHEREAS, the City Council recognizes that the standards adopted for the City as a whole may be different than the standards that should be adopted for a particular local community; and • WHEREAS, during the past few years development pressures have increased such that the character of the City's existing residential neighborhoods are at risk; and WHEREAS, the City finds that imposing a City-wide standard for compatible residential infill development in those communities that have already begun studying and preparing more specific community guidelines would not be in the best interest of the City; and WHEREAS, the City finds that the need to provide greater protection for the character of those communities constitutes a compelling, counterveiling public interest which justifies a temporary zoning regulation; and WHEREAS, the City Council finds that the City's interest in adopting these temporary zoning regulations outweighs any private interest in developing under other existing standards; NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Findings of Compelling, Counterveiling Public Interest. Pursuant to Section 10-9a-504 of the Utah Code Annotated, the City Council expressly finds that the risk of incompatible residential infill development within the geographic areas described on Exhibit A attached hereto constitutes a compelling, counterveiling public interest sufficient to justify these temporary zoning regulations. SECTION 2. Balancing of Public vs. Private Interests. The City Council further finds that any harm to private interests is de minimis and is outweighed by the City's interest in maintaining the character of its existing residential neighborhoods while the City Council reviews and evaluates specific proposals for compatible residential infill development in the geographic areas described on Exhibit A attached hereto. The City 2 Council finds that no developments, the plans for which were not submitted prior to 5:00 p.m. on December 13, 2005, in full compliance with the existing zoning regulations, and other City ordinances and requirements applicable to new construction, have any right to develop under those existing regulations. In addition, any development plan application submitted prior to 5:00 p.m. on December 13, 2005, which would have been disapproved by the City due to incompleteness, inaccuracies or noncompliance, or which have not yet received the necessary approval from the Planning Commission, Board of Adjustment, Historic Landmark Commission, or any other applicable City body, are specifically determined to have no vested right to develop under existing regulations, and the City shall not accept any resubmittals of those disapproved applications, or proceed with any further hearings for approval of those incomplete applications, unless they comply with the terms of this temporary zoning regulation. SECTION 3. Temporary Zoning Regulations. A. Notwithstanding any other ordinance which the City Council may have adopted which may provide otherwise, within the boundaries and duration of this ordinance, building height standards shall be as follows: 1. The maximum building height shall be: a. twenty-three feet (23') measured to the ridge of the roof, or b. the average height of other principal buildings on the block face. 2. The maximum height of a flat roof building shall be sixteen feet (16'). 3. Maximum Exterior Wall Height Adjacent to Interior Side Yards: sixteen feet (16') for exterior walls placed at the building setback established by the minimum required yard. Exterior wall height may increase one (1) foot (or fraction thereof) in height for each foot (or fraction thereof) of increased setback beyond the minimum required interior side yard. If an exterior wall is approved with a reduced setback through a special exception, variance or other process, the maximum allowable exterior wall height decreases by one (1) foot (or fraction thereof) for each foot (or fraction thereof) that the wall is located closer to the property line than the required side yard setback. 3 a. Lots with cross-slopes where the topography slopes, the downhill exterior wall height maybe increased by one-half foot (0.5') for each one foot (1') difference between the elevation of the average grades on the uphill and downhill faces of the building. b. Exceptions: i. Gable walls: Walls at the end of a pitched roof may extend to a height necessary to support the roof structure except that the height of the top of the widest portion of the gable wall must conform to the maximum wall height limitation described in this section. ii. Dormer walls: Dormer walls are exempt from the maximum exterior wall height if: 1) The width of a dormer is ten feet (10') or less; and 2) The total combined width of dormers is less than equal to fifty percent (50%) of the length of the building facade facing the interior side yard; and 3) Dormers spaced at least eighteen inches (18") apart. 4. Building height for initial construction of a building shall be measured as the vertical distance between the top of the roof and the established grade at any given point of building coverage. Building height for any subsequent structural modification or addition to a building shall be measured from finished grade existing at the time a building permit is requested. Building height for the R-1 districts, R-2 district and SR districts is defined and illustrated in part VI, chapter 21A.62 of this title. 5. Where buildings are stepped to accommodate the slope of terrain, each step shall have a horizontal dimension of at least twelve feet (12'). 6. Additional Building Height: Additional building height may be granted as a special exception by an Administrative Hearing Officer subject to the special exception standards in 21A.52 and if the proposed building height is in keeping with the development pattern on the block face. Requests for additional building height for properties located in a H Historic Preservation Overlay District shall be reviewed only by the Historic Landmarks Commission which may grant such requests subject to the provisions of chapter 21A.34.020. B. All other provisions of Ordinance No. 90 of 2005, regarding compatible residential infill development, including the administrative hearing process, shall also apply. SECTION 4. Boundaries. This temporary zoning regulation shall apply to the properties located within the geographic areas described on Exhibit A attached hereto. 4 SECTION 5. Duration. These temporary zoning regulations shall remain in effect for each of the geographic areas described on Exhibit A attached hereto for a period of six months from the effective date of this ordinance, or until the effective date of the City Council's action adopting compatible residential infill development standards for each of the geographic areas described on Exhibit A attached hereto, whichever occurs first. SECTION 6. 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 13th day of Li& December , 200 5 . CHAIRP RSON ATTEST AND COUNTERSIGN: IEF EPUTY C> C RD R Transmitted to Mayor onJanuary 5, 9006 Mayor's Action: /L Approved. Vetoed. MA R CHIEF DEPUTY Y E ORDER :>i-1 wE-;; 4.3 TO ::, ,3; �:tsE CIT)• 'l'S C ata_/4 _ 30— o s _ Yx , i y `1�' r 5 Bill No. 91 of 2005 . Published: 1/14/06 1.`Ordinance 05\Enacting Temp Zoning Regs for Compatible Residential Infill Development.doc 6 .. EXHIBIT A A. The area north of South Temple and east of the I-15 freeway currently zoned SR-1. B. Properties zoned R-1/5,000 and R-1/7,000 within the area bounded by 1300 South, 1900 East, 1700 South and 1300 East.