092 of 1996 - Enacting Section 21A.34.100 providing a temporary moratorium prohibiting the issuance of building pe0 96-1
0 96-45
SALT LAKE CITY ORDINANCE
No. 92 of 1996
(Enacting Section 21A.34.100 providing a temporary
moratorium prohibiting the issuance
of building permits for certain specified
developments within certain described
blocks in the Capitol Hill area
pursuant to Petition No. 400-96-104.
AN ORDINANCE ENACTING SECTION 21A.34.100, SALT LAKE CITY
CODE, PROVIDING A TEMPORARY MORATORIUM PROHIBITING THE ISSUANCE
OF BUILDING PERMITS FOR CERTAIN SPECIFIED DEVELOPMENTS WITHIN
CERTAIN DESCRIBED BLOCKS IN THE CAPITOL HILL AREA PURSUANT TO
PETITION NO. 400-96-104.
WHEREAS, Section 10-9-404 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,
countervailing public interest; and
WHEREAS, Section 10-9-404 of the Utah Code Annotated allows
the City in the temporary regulation to prohibit or regulate the
erection, construction, reconstruction or alteration of any
building or structure; and
WHEREAS, the City is in the process of researching a
proposed zoning amendment for the Capitol Hill area; and
WHEREAS, the City finds that allowing continuing
construction, erection and changes of use within the area of the
proposed zoning change adversely affects the City's interests in
controlling the density of development, parking, traffic,
compatibility of use and design, pedestrian orientation,
landscaping and other vital City interests, which constitute a
compelling, countervailing public interest which justifies a
temporary moratorium; and
WHEREAS, the City Council finds that the City's interest in
adopting this temporary moratorium outweighs any private
interests in developing under existing standards; and
WHEREAS, the City Council finds that no development plans
have any vested rights to develop under the existing ordinance;
and
WHEREAS, the City finds it appropriate that only building
permits for general repairs and remodeling which do not involve
changes of uses be granted during this temporary moratorium.
NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt
Lake City, Utah:
SECTION 1. That Section 21A.34.100 be, and the same hereby
is, enacted to read as follows:
21A.34.100 Temporary Prohibition on Construction or
Erection.
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A. Findings of Countervailing Interest. Pursuant to
Section 10-9-404, Utah Code Annotated, the City Council expressly
finds that the adverse effects of allowing the development
specified in this section within the boundaries specified in this
section while the City conducts a public process leading to the
adoption of a zoning amendment for the Capitol Hill area is not
in the best interests of the City and constitutes a compelling,
countervailing public interest sufficient to justify a six-month
prohibition.
B. Balancing of Public versus Private Interests. The City
Council further finds that any harm to private interest is de
minimis and outweighed by the City's interests in amending the
existing zoning in the Capitol Hill area. The City Council finds
that no developments, the plans for which were not submitted
prior to 5:00 p.m. on November 8, 1996, in full compliance with
existing zoning regulations, have any right to develop under
those existing regulations. In addition, any development plan
applications submitted prior to 5:00 p.m. on November 8, 1996,
which have been disapproved by the Zoning Administrator due to
incompleteness, inaccuracies or non-compliance, or which have not
yet received the necessary approval from the Planning Commission
or the Historic Landmark Commission, are specifically determined
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to have no vested right to develop under existing regulations and
the City shall not accept any re -submittals of these disapproved
applications, or proceed with any further hearings for approval
of those incomplete applications, during the period of this
ordinance.
C. Prohibitions. The City shall not accept, process or
grant an application for any of the following:
1. Subdivision approval;
2. Change of use;
3. Building permit or other development approval for:
a. New residential construction;
b. Nonresidential new construction, or
nonresidential remodeling or additions that constitute
a change of use or increases the need for parking.
D. Boundaries of Temporary Prohibition. The moratorium
imposed by this ordinance shall apply to the area which is
currently zoned RMF-45 between 200 North and 300 North and
between Almond Street and West Temple Street.
E. Length of Prohibition. This moratorium remains in
effect for a period of six months from the effective date of this
ordinance or until the effective date of the City Council's
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action upon Petition No. 400-96-104 enacting a zoning amendment
for the Capitol Hill area, whichever occurs first.
SECTION 2. This ordinance shall become effective on its
first publication and the City Recorder is instructed to record
this ordinance with the Salt Lake County Recorder.
Passed by the City Council of Salt Lake City, Utah, this
loth day of December, 1996.
41,4,, / 1
CHIEF DEPUTY CITY R
p& smitted to Mayor on December 10, 1996
m v.CO ik XX
ornetVict ion : Approved
ST:
E DEP TY CITEC$'D R
(SEAL)
Bill No. 92 of 1996.
Published: December 20, 1996.
g:\ordina96\moratori.n29
MAYOR
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Vetoed.
Snit Lug : Chy Aa';^sn ey'e, r�;iir�z
Dcite � 3
By
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