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092 of 1993 - Adopting the "C-S" Community Shopping Center0 93-1 P 93-464 SALT LAKE CITY ORDINANCE No. 92 of 1993 (Adopting the "C-S" Community Shopping Center Zoning District as Chapter 63 of Title 21) AN ORDINANCE ADOPTING A NEW "C-S" COMMUNITY SHOPPING CENTER ZONE BY ENACTING CHAPTER 63 OF TITLE 21, SALT LAKE CITY CODE. WHEREAS, the City Council of Salt Lake City, Utah, has held public hearings before its own body and before the Planning Commission and has determined that it would be in the best interest of the City to adopt Chapter 63 of Title 21, Salt Lake City Code, enacting the "C-S" Community Shopping Center Zone; NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Chapter 63 of Title 21, Salt Lake City Code, be enacted to read as follows: CHAPTER 21.63 "C-S" COMMUNITY SHOPPING CENTER DISTRICT Part I. General 21.63.010 Purpose. The "C-S" Community Shopping District is intended to provide an environment for efficient and attractive shopping center development at a community level scale. Development in the "C-S" Community Shopping District may be approved only pursuant to the provisions of this Chapter. 21.63.020 Minimum Lot Size. A. Minimum lot area: 60,000 square feet. B. Minimum lot width: 150 feet. 21.63.030 Minimum Yard Requirements. A. Front yard: 30 feet. B. Side yard: 15 feet. C. Rear yard: 30 feet. 21.63.040 Landscaping. Except as modified pursuant to Section 21.63.170, fifteen feet of landscaping shall be required on all front yards. A landscaped side or rear yard of ten feet shall be required if such yard is adjacent to a residential zoning district. 21.63.050 Maximum Height. Except as may be authorized pursuant to Section 21.63.170, no building shall exceed 45 feet or three stories, whichever is less. 21.63.060 Arterial or Collector Street Access. Only one driveway per 150 feet of frontage on an arterial or collector street shall be permitted. 21.63.070 Permitted Uses. A. Permitted Uses. The following uses are permitted as of right in the "C-S" Community Shopping District: 1. Dwelling units above the ground floor only. 2. "Financial institutions" which, for the purposes of this Chapter, means a building, property or activity, the principal use or purpose of which is the provision of financial services including, but not limited to, banks, facilities for automated teller machines, credit unions, savings and loans, stock brokerage, and mortgage companies. 2 3. Offices above the ground floor only. 4. Veterinary clinic within an enclosed building, excluding boarding. 5. "Retail goods establishments within an enclosed building", which, for the purposes of this Chapter, means a building, property or activity, the principal use of which is the sale of physical goods, products or merchandise directly to the consumer. 6. "Retail services establishments within an enclosed building", which, for the purposes of this Chapter, means a building, property, or activity, the principal use of which is the provision of personal services directly to the consumer. 7. "Restaurant", which, for the purposes of this Chapter, means: A. An establishment where food is available to the general public for consumption within a structure on the premises; B. An establishment which, by design of physical facilities or by service or packaging procedures, permits or encourages the purchase of prepared, ready -to -eat foods intended to be consumed off the premises; C. A drive-in establishment where food and beverages are sold for consumption in parked motor vehicles; and D. An establishment whose principal business is the sale of food and beverages to the consumer in a ready -to -consume state for consumption either within the restaurant building or for carry -out with consumption off the premises, and whose design or principal method of operation permits or encourages self-service, high -turnover dining. 8. "Automobile repair, minor", which, for the purposes of this Chapter, includes tune-ups, brake and emissions repair, and general vehicle inspection and maintenance. "Automobile repair, minor" does not include body and fender work, automobile painting, drivetrain repair or replacement or engine rebuilding. 9. Gasoline station. 10. Health and Fitness facility. 11. Child Day Care Center. 12. Medical and dental clinics and accessory labs. 13. Professional and vocational schools. 14. Commercial indoor recreation. 15. Home improvement center within an enclosed building. B. Non -Permitted Uses. The "C-S" Zone does not allow vehicle sales, rental of equipment that requires outdoor storage, and other uses that typically involve outdoor sales, storage, or display, unless they are specified as a permitted 4 or conditional use. Other uses not specifically listed that do not meet the stated purpose of being a community oriented business are also prohibited. Part II. Planned Development 21.63.080 Planned Development Requirement. Development in the "C-S" Community Shopping District may be permitted only pursuant to the Planned Development process specified in this part as approved by the Planning Commission and subject to compliance with other applicable provisions of this Title. 21.63.090 Purpose of Planned Development Process. Planned Developments are intended to encourage the efficient use of land and resources, promoting greater efficiency in public and utility services and encouraging innovation in the planning and building of all types of development. Through the flexibility of the Planned Development process, the City seeks to achieve the following specific objectives: A. Creation of a more desirable environment than would be possible through strict application of other City land use regulations; B. Promotion of a creative approach to the use of land and related physical facilities resulting in better design and development, including aesthetic amenities; C. Combination and coordination of architectural styles, building forms and building relationships; 5 D. Preservation and enhancement of desirable site characteristics such as natural topography, vegetation and geologic features, and the prevention of soil erosion; E. Preservation of buildings which are architecturally or historically significant or contribute to the character of the City; F. Use of design, landscape or architectural features to create a pleasing environment; G. Provision of a variety of housing, in accordance with the City's master plans; H. Inclusion of special development features; and I. Elimination of blighted structures or incompatible uses through redevelopment or rehabilitation. 21.63.100 Application. A. Basic Information. An applicant for a Planned Development shall file an application for Development Plan approval with the Planning Commission on a form provided by the Zoning Administrator, accompanied by such number of copies of documents as the Zoning Administrator may require for processing of the application. The Development Plan application shall include at least the following information: 1. The location, dimensions, and total area of the site; 2. The location, dimensions, floor area, type of construction and use of each proposed building or structure; 6 3. The number, the size and type of dwelling units in each building, and the overall dwelling unit density; 4. The proposed treatment of open spaces and the exterior surfaces of all structures, with preliminary sketches of proposed landscaping and structures, including typical elevations; 5. The number, location and dimensions of parking spaces and loading docks, with means of ingress and egress; 6. The proposed traffic circulation pattern within the area of the development, including the location and description of public improvements to be installed, including any streets and access easements; 7. The location and purpose of any existing or proposed dedication or easement; 8. The general drainage plan for the site; 9. The location, dimensions and uses of adjacent properties, abutting public rights of way and easements, and utilities serving the site; 10. Significant topographical or physical features of the site, including existing trees exceeding 2.5 inches in caliper; 11. Mailing labels for all property owners within 300 feet of the property line of the proposed development and all Registered or Recognized Organizations affected pursuant to Chapter 2.62. B. Traffic Impact Study. If the Zoning Administrator reasonably believes that the proposed Development Plan may have a material adverse impact on traffic in the vicinity of the Planned Development, the Zoning Administrator may require the submission of a professionally prepared traffic impact study. 21.63.110 Fee. The fee for an application for Development Plan approval shall be $500.00. 21.63.120 Complete Application. The Zoning Administrator shall review the application for completeness and notify the applicant of any deficiencies. The Zoning Administrator shall not forward the application to the Planning Commission for consideration until any deficiencies have been cured. 21.63.130 Neighborhood Review. Prior to the Planning Commission hearing provided in Section 21.63.150, the prospective applicant shall take reasonable steps to review the project with affected Recognized and Registered Neighborhood Organizations, as provided in Chapter 2.62, and neighboring residents, and receive their comments and recommendations. 21.63.140 Notice. The Planning Commission shall mail notice to the list provided in Section 21.63.100.A.11 of a hearing on the application for 8 Development Plan approval not less than 14 days before such a hearing. 21.63.150 Hearing. The Planning Commission shall hold an informal hearing and take testimony regarding the application for Development Plan approval. 21.63.160 Approval Standards. The Planning Commission shall approve the Planned Development if it finds that the Development Plan is in harmony with the general purposes and intent of the Zoning Ordinance and is compatible with and implements the planning goals and objectives of the City, including applicable City master plans, and provides that: A. Streets or other means of access to the Planned Development are suitable and adequate to carry anticipated traffic and will not overload the adjacent streets; B. The internal circulation system is properly designed; C. adequate D. adjacent E. Existing or proposed utility services are for the proposed Planned Development; Appropriate buffering is provided to protect land uses from light, noise and visual impacts; Architecture and building materials are consistent within the adjacent neighborhood. development and compatible with the 9 F. Landscaping is appropriate for the scale of the development. G. The Planned Development preserves historical, architectural and environmental features of the property. H. Operating and delivery hours are compatible with adjacent land uses. I. The Proposed Planned Development and the Permitted and Conditional Uses contained therein are compatible with the character of the neighborhood surrounding the Planned Development and will not have a material net cumulative adverse impact on the neighborhood or the City as a whole. 21.63.170 Approval Provisions. In approving a Planned Development, the Planning Commission may modify or waive the minimum yard, landscaping and maximum height requirements of Sections 21.63.030, 21.63.040 and 21.63.050 if the Planning Commission finds, in writing, that the Planned Development, with the proposed modifications or waivers, remains consistent either with applicable master plans or the height, mass and scale of adjacent land uses. 21.63.180 Effective Length of Approval. Unless extended by the Zoning Administrator for good cause, Development Plan approvals shall expire one year after issuance unless a building permit is issued and construction is actually begun and actively pursued. 10 21.63.190 Construction Completion. Development Plans shall generally be completed within two years of approval. A longer schedule for completion may be established by the Planning Commission in conjunction with the Development Plan approval. Part III. Conditional Uses Within "C-S" Community Shopping District Planned Developments. 21.63.200 Conditional Uses. The following uses may be conditionally allowed within the "C-S" Community Shopping District pursuant to the process specified in this Part: A. Residential uses subject to R-6 density requirements; B. Outdoor storage of garden or building materials as an accessory use to a retail goods establishment; C. Liquor Store; D. Private club, brew pub, tavern or lounge; E. Car wash as an accessory use to a convenience store or gasoline station. 21.63.210 Approval With Planned Development. Conditional Uses which are intended to be within the Planned Development at the time approval is sought for the Development Plan shall be considered simultaneously with the Development Plan approval and under the same approval standards. 11 21.63.220 Conditions. A. The Planning Commission may impose conditions and limitations upon a Conditional Use concerning use, construction, character, location, landscaping, screening, parking, hours of operation and other matters that may be necessary or appropriate to prevent or minimize any adverse impact. B. The Planning Commission shall specify such conditions in writing in approving the Conditional Use. C. Violation of any such condition shall constitute grounds for revocation of the Conditional Use approval. 21.63.230 Later Conditional Uses. Conditional Uses proposed for the Planned Development after approval of the Development Plan shall be approved only subject to the process specified below. 21.63.240 Application. The application required by Section 21.63.100 above shall be submitted. 21.63.250 Fee. The fee for later Conditional Use approval within a Planned Development shall be $100.00. 21.63.260 Notice. The Planning Commission shall mail notice, to the entire list provided in Section 21.63.100.A.11 above, of the hearing on the application for a later Conditional Use approval not less than 14 days before such a hearing. 12 21.63.270 Hearing. The Planning Commission shall hold an informal hearing and take testimony regarding the application for Conditional Use approval. 21.63.280 Approval. The Planning Commission shall approve the Conditional Use if it finds that the standards specified in Section 21.63.160 are met and may impose the conditions specified in Section 21.63.220. Part IV. Appeal. 21.63.290 Appeal. A. Any person aggrieved by a decision of the Planning Commission regarding a Planned Development or Conditional Use pursuant to this Chapter may appeal the decision to the City Council by filing a notice with the Council no later than ten days after the decision of the Planning Commission becomes final. B. The appeal shall specify any alleged error made in the Planning Commission's decision. 21.63.300 Standard of Appellate Review. Appeal of the Planning Commission decision shall be considered by the City Council on the record made before the Planning Commission. No new evidence will be heard by the City Council unless such evidence was improperly excluded from consideration by the Planning Commission. The City Council shall uphold the 13 decision of the Planning Commission unless the Council finds that the decision of the Planning Commission was made in error. SECTION 2. EFFECTIVE DATE. This ordinance shall take effect upon its first publication. Passed by the City Council of Salt Lake City, Utah, this 7th day of December , 1993. ATTEST: IEF LPIITY CITIARE, ORDER Transmitted to the Mayor on December 10, 1993 Mayor's action: X Approved ATTEST: (SEAL) EPU' CITY "ECORDER Bill No. 92 OF 1993. Published: December 17, 1993 BRB:le ORDINA93/CS-SHOPPING CENTER(BRB/LE) 14 Vetoed.