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093 of 1982 - Amendment of Title 51 State-owned or Operated Retail Liquor Stores Conditional Use in B-3 District a , '%x"`�'� i I'LM D 0 82-12 'mod SALT LAKE CITY ORDINANCE No. 93 of 1982 (State-owned or Operated Retail Liquor Stores Conditional Use in "B-3" District and related provisions ) AN ORDINANCE AMENDING TITLE 51 OF THE REVISED ORDINANCES OF SALT LAKE CITY, UTAH, 1965, : BY REORGANIZING SECTION 51-21-8 RELATING TO CONDITIONAL USES IN THE BUSINESS "B-3" DISTRICT AND ADDING SUBPARAGRAPH 1 (C) PERMITTING STATE-OWNED OR OPERATED RETAIL LIQUOR STORES; BY ADDING SECTION 51-21A-11 SPECIFYING CONDITIONAL USES AVAILABLE IN "B-3" DISTRICT ARE INCORPORATED INTO THE "B-3C" DISTRICT; BY AMENDING SECTIONS 51 -21 -1 ( 12 ) AND 51-21A-2 (9) RELATING TO EXCLUSION OF ADULT BUSINESSES IN THE "B- 3" AND "B-3C" DISTRICTS, EXCEPTING THEREFROM STATE LIQUOR STORES APPROVED AS CONDITIONAL USES; AND BY AMENDING SECTIONS 51-24- 1 ( 74 ) AND SECTIONS 51-25-1 ( 34 ) RELATING TO ADULT BUSINESSES IN COMMERCIAL "C-3" AND INDUSTRIAL "M-1 " DISTRICTS BY ADDING STATE LIQUOR STORES AS AN EXCEPTION TO THE DISBURSEMENT REQUIREMENT. WHEREAS, the City Council of Salt Lake City, Utah, desires to clarify that state-owned or operated retail liquor stores are more similar in operation to retail stores, which are allowed in neighborhood business districts, and should be available as conditional uses in business and restricted commercial districts where the location is not incompatible and is a part of properly designed and operated retail establishments in shopping centers and where proper steps are taken to eliminate any adverse impact upon adjoining properties; and WHEREAS, the Council desires to clarify that conditional uses available in the Business "B-3" District are also available in the Business Canyon "B-3C" Districts; and WHEREAS, the Council desires to clarify that state liquor stores located in the Commercial "C-3" and other related industrial zones under identical language are excepted from distance separation requirements applied to other adult businesses. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah : SECTION 1 . That Section 51-21-8 of the Revised Ordinances of Salt Lake City, Utah, as amended, relating to conditional uses allowed in a Business "B-3" or "B-3C" District, be, and the same hereby is amended by REORGANIZING and ADDING thereto a provision allowing stated owned or operated retail liquor stores/outlets, which shall read as follows : Sec. 51-21-8. Conditional Uses. 1 . Specific conditional uses authorized. In a Business "B- 3" District, the Board of Adjustment may permit as a conditional use the following uses: (a ) A mortuary, reception center, wedding chapel or health spa. (b) A shop providing for the mechanical repair and servicing of automobiles and light trucks, when all such repairs and servicing are done within an approved building located on the premises, provided that no body and fender -2- work, automobile painting , drive chain repair, muffler repair, or engine building are conducted on said premises; and further provided that no more than one automobile await- ing repairs is allowed to remain on the premises outside of the building . (c ) State-owned or operated retail liquor s tores/outlet, provided: ( 1 ) The store is situated upon a parcel whose boundary perimeter is at least 600 feet from any church, school or park. ( 2 ) When the retail district and site upon which the store is located partially or totally abuts any residential district after excluding any public streets: ( i ) The size of the site devoted to retail activity ( shopping center, etc . ) including parking must be a minimum of 1-1/2 acres; and ( i i) The size of the liquor store/outlet may not exceed 25% of the total ground floor space of the building(s) on the site . ( iii ) Provisions relating to minimum size of the retail site and the limitation of size of the store above ( i and ii ) are not applicable when the retail district does not abut any residential district after excluding public streets. -3- 2. General Conditions . Requirements of hearing , recommen- dations and findings. The Board of Adjustment shall conduct a public hearing to consider a request for a permit for a condi- tional use specified under ( 1 ) above. Before it renders its final decision, the Board shall first secure the recommendation of the Planning Commission. The permit may be granted by the Board after it makes findings of fact upon which it determines the proposed site plan and use : is in keeping with the character of and proper development of the neighborhood of which it is part; will not bring undue traffic into or through a residential neighborhood nor cause undue traffic or noise problems; and will not interfere with the proper use of adjoining properties. If in the opinion of the Board such use is proper, the Board may impose such design conditions and other requirements upon the use, plan or operation involving parking , landscaping , signing , control of emission of odors, fumes or noise, etc. , which will protect the adjoining properties and residential neighborhood as the Board deems necessary. SECTION 2. That Chapter 21A of Title 51 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to the Business Canyon "B-3C" District, be, and the same is hereby amended by ADDING Section 51 -21A-11 clarifying conditional uses available in "B-3" zone are available in "B-3C" district, which shall read as follows : Sec. 51-21A-11 . Conditional Uses. Conditional uses allowed shall be those authorized in the Business "B-3" District subject -4- to the same conditions therein stated . SECTION 3. That the text of Sections 51 -21 -1 ( 12 ) and Section 51 -21A-2 ( 9) of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to prohibition of adult businesses in restricted Business "B-3" and "B-3C" Districts be, and the same are each hereby amended by inserting an identical exception for state liquor stores, which shall read as follows : Sec . 51 -21 -1 ( 12 ) . Provided, however, the foregoing notwithstanding , no shop or retail business, theater, store ( except for stated owned or operated retail liquor store approved as a conditional use following the procedures outlined in Section 51 -21-8, ) drugstore or other premises otherwise permitted to do business within this district may be located within said district if said business establishment or any portion thereof: (a) caters exclusively to adult persons to the advertised or unadvertised exclusion of persons under the age of 18 years ; (b ) is a Class "A" adult theater as defined in Section 20-20-2 of this code; or ( c) is a Class "B" non-profit club licensed under the provisions of Chapter 29 of Title 20 of these revised ordinances. Sec. 51-21A-2 ( 9) . Provided, however, the foregoing notwith- standing, no shop or retail business, theater, store ( except for stated owned or operated retail liquor store approved as a condi- tional use following the procedures outlined in Section 51 -21-8, ) -5- drugstore or other premises otherwise permitted to do business within this district may be located within said district if said business establishment or any portion thereof: (a ) caters exclusively to adult persons to the advertised or unadvertised exclusion of persons under the age of 18 years; (b) is a Class "A" adult theater as defined in Section 20-20-2 of this code; or ( c) is a Class "B" non-profit club licensed under the provisions of Chapter 29 of Title 20 of these revised ordinances. SECTION 4. That the text of Sections 51-24-1 -( 74 ) and Section 51 -25-1 ( 34 ) relating to adult businesses within the Commercial "C-3" and Industrial "M-1 " District be, and the same are each hereby amended to read as follows : Sec. 51-24-1 ( 74 ) . (a) In the development and adoption of this ordinance, it is recognized that there are some business uses which because of their very nature are and have been recognized as having serious objectional operational characteristics, particularly wherever more than one such business is concentrated within an area of close proximity, having a serious deletorious effect upon these surrounding areas. It has been well recognized by cities and communities across the nation that state and local governmental entities have a special concern in regulating the operation of such businesses within their jurisdictions to insure that such -6- adverse affects will not contribute to the blighting or down- grading of surrounding neighborhoods or to the harming of youth in their communities. These special regulations are set forth in subsections ( b) and ( c) below. The primary control or regulation of these establishments is for the purpose of preventing a concentration of these uses in any one area and for the preserva- tion of neighborhoods in adjacent areas in which these locations may be permitted. ( b) No shop, retail business, store, drugstore, adult business, or other premise or any portion thereof which caters exclusively to adult persons to the advertised or unadvertised exclusion of persons under the age of 18 years may be located within a three-block radius of any school , park or church ; nor within 1 ,000 feet of any other similar establishment or adult business. For purposes of applying the above criteria in determining a three ( 3 ) block radius, a block shall include a standard city grid block face of 660 linear feet together with a street of 8 rods or a total of 792 linear feet per block. Said radius shall be determined from the perimeters of the property lines of schools and parks and from the point of a church or other build- ing closest to the proposed location. (c ) Exceptions. ( i ) The regulations in subsection (b) above shall not apply to premises licensed to sell beer, which licenses shall be governed by the provisions of titles 19 and 20 of -7- these revised ordinances. ( ii ) Any adult business other than those licensed to sell alcoholic beverages may be allowed upon locations other than those outlined above, upon receiving special approval of the mayor as provided in the procedure established in Section 20-20-7 ( 2 ) of these revised ordinances. ( iii ) The provisions of (b) above shall not apply to state owned or operated liquor licenses which shall be governed by criteria specified in Section 51-21-8 and which must be located at least 600 feet from a school, church or park, measured as described above. Sec. 51 -25-1 ( 34 ) . ( a) In the development and adoption of this ordinance, it is recognized that there are some business uses which because of their very nature are and have been recognized as having serious objectional operational character- istics, particularly wherever more than one such business is concentrated within an area of close proximity, having a serious deletorious effect upon these surrounding areas. It has been well recognized by cities and communities across the nation that state and local governmental entities have a special concern in regulating the operation of such businesses within their jurisdictions to insure that such adverse affects will not contribute to the blighting or downgrading of surrounding neighborhoods or to the harming of youth in their communities. These special regulations are set forth in subsections ( b) and (c ) below. The primary control or regulation of these -8- establishments is for the purpose of preventing a concentration of these uses in any one area and for the preservation of neighborhoods in adjacent areas in which these locations may be permitted. (b) No shop or retail business, store, drugstore, adult business, or other premise or any portion thereof which caters exclusively to adult persons to the advertised or unadvertised exclusion of persons under the age of 18 years may be located within a three-block radius of any school, park or church ; nor within 1 ,000 feet of any other similar establishment or adult business. For purposes of applying the above criteria in determining a three (3 ) block radius, a block shall include a standard city grid block face of 660 linear feet together with a street of 8 rods or a total of 792 linear feet per block. Said radius shall be determined from the perimeters of the property lines of schools and parks and from the point of a church or other building closest to the proposed location. (c) Exceptions. ( i ) The regulations in subsection (b) above shall not apply to premises licensed to sell beer, which licenses shall be governed by the provisions of titles 19 and 20 of these revised ordinances. ( ii ) Any adult business other than those licensed to sell alcoholic beverages may be allowed upon locations other than those outlined above, upon receiving special approval -9- of the mayor as provided in the procedure established in Section 20-20-7 ( 2 ) of these revised ordinances. ( iii ) The provisions of (b) above shall not apply to state owned or operated liquor licenses which shall be governed by criteria specified in Section 51-21-8 and which must be located at least 600 feet from a school , church or park, measured as described above . SECTION 5. This ordinance shall take effect upon its first publication. Passed by the City Council of Salt Lake City, Utah, this 7th day of December 1982. CHAIRMAN ATTEST: � D x,. ,C TY 9ECORDER Transmitted to Mayor on December 8, 1982. Mayor 's Action: December 17, 1982. X MAYOR ATTEST: ►��r° < I Y -REM ORDER cm39 (S E A L) BILL 93 of 1982 Published: December 31, 1982 -10- ADM 35A Affidavit of Publication STATE OF UTAH, ss. County of Salt Lake SALT LANE caostolNllNCE ,.< .....Debra Miller um2Nmd it .. .......... .. ..... .... .......... ........ .. ... a' I , ANNA DIN DIL,• ".".TI, 1 E('{t11M GANiZI SN 1.R1� I�Tp{Iy1B }7br1T OENOARL Being first duly sworn,deposes and says that he is legal "IA a1�+�Es ll 'INIOk Y ri&afd lo`d advertising clerk of the DESERET NEWS, a daily OP A IL ES; A�,,,I SE ION i u ,r.S EcI rVANgd%CN 9 A Aj1LA IN except Sunday) newspaper printed in the English 2a(s)ra ` END�N6lit SECTI s 1• - ,-2,A- language with T"l;if ` o8 ,3C%f us,N �{+. NG 5oMgeneral circulation in Utah, and STATE LID' 3708E ] 2�ir AL published in Salt Lake City, Salt Lake County, in the USES AND 10 AM D 1 1{{1 EC- State of Utah. COMMERCIAL ) + .t OI>I C S'B ADDIN TAT A6'. N, P,T O'70 THE DlsWHER ENF That the legal notice of which a copy is attached hereto WHERE - kS' Uphmat are to Pier,.Ih - t rleT •IgiidY Mom are mare similar I' a are allowed In nag Mmaod .bl° <°"dl- pub. Ordinance No. 93 of 1982 ibna% In s ntl VI Pont letrkh where an IoperOh A not;. i low s W deel9ned endgwratep rotyl der w .......................................................................................... Prop°rrepPsroepeart qIt ,nV q ry/1 ulwn adiolNMERE,AS', /. FIa1y Poet 4adrylonel uses aystlab iho s ailetne in .................. ..... ..... .... ........ ............. ............... .............. Me BuslpesaA ?l Iltt- < Il(Y1 p'{npdyyp IrialZOMd` .,1 .~ YfOROar ................................................................................................. saps/slim, .............. Sep LN, ,_ II of SECTI ib�l Salt Lake City,in Iut gr, ONBpCtS. ,q(/sp1l�s IPto c i OtionaN cof ............................................................................................................... uses ond IWOWe ,..~by RED ING all ADd Nb ltiMiars°me provlelm allocaltg stated owned or operated retell IIWor store- s/outlets,whi<R s^°II read a°rollows: ............................................................................................................... Cmditknel Uses. 1.Sw III PmotldBlo^al uses aallorl2ed.In a Business"B•T' Dhirl<t flit BoeM a Adjustment may rormlt se a coMlflmel usemekllowlnoU_ was published to said newspaper on......................................... M(a)alt11 A mortuary,receotion center,wedding chwal or soot. Ib ,A shop provml"g rot the me<Mmal teak a^e .....)@q.I...37.,..19.8.2. rearyirs all iarvl�ln9l ere dww11pvPolrin ne a roposrotlallbulla ............................................................................ Ire IoeeNd on the Premises,Provided that no body entl taller work autamo Ih"Nflrq,&"chain rpslr, a ) merni reond or serf 1cledgare conducted on 6ea t'-.C�.E:Cr.G(.....Y.•.(.,�1.. �j............... promises entl g Provided that1-i ro more Mn one .................................................. a iriess�e awe 11np epeln IS allawad to rem°n m the pr(C IeSete Ala af'M�rladlnl,.r.,all IlaPpr etaraa/WN.L Legal Advertising Clerk Provlaed: 1W (1)TM pOre le 6ltueted upon s ar<el Whose MV^d- ery perlmMah Is at Iesa doe feat from any church,school or Parkif . (2 glMppaara��sYY�aahpo-yl<I an�a�ya,Na uron wnkn the 'me this...........2Qth...............................................................day of _dlsffld1wpCM^The Silau°al iheIt�rtially or Illy abuis any daVbFha Td'hef'allildential ettlY(N m'lopping?Nmar,etc.)Including Parking must M a ,A.D.l9. mmum o 1•In acres)era 83. aeeedd((iO ry+AyTM sire ot Ill liquor store/outfit may not I xc 25,M eltthe total ground floor IWO of the build- (III)Provialms reelanno toxa minimum ysin �ot the end Wall site ^M ePolllcle0le whenithe rat°II°idlitrlcldoN1 t sea anY residential district site excluding Public '` I an street,, ral Condifb"s.R°aulrammN a Mering,recommen- �:-�..�.�:'::.........:.:.....::..�..:..�.:........................................ deNon6 and}Inarws.Tha Board a Adlestment shall cmdect a public hearing ro w^Sider a repuesl for a armn far a"'dl—, N tary Public the B erd shall Ilrif 1)Sec°ura Ihee r%comm"a"'of tl el V anNr COmmissim.The ppee It meY he granted by the Board If I makes findllge a fact VDOn which If delermlas}M uropaee nik den and u�ff h In keeping with the character 'and proper - aims end!traffic InfalOr-rWOp a fe demlal nehnMmoad rbr cruse utaue tragic or no problem`:and will not inrorlare with 1M proper Use ot adlolnIne prooerfies.If in 1M onl"im of IIR Board such use Is imeaqp��s� ill Bard mar Impnoea such deahn molvting parklro�bnMce'inpp,,i.a no hcoMrol lot or on '1 ' odors,Wmes a 11oW,elP.,Om It will praect Me adlolnino prop_ I rtles and residential Mighborhood as the Board deems neces- I a 6ECTIGN 2 That CChaPter 21A of Title 510 the Revised Ordi- Boarfneses fCen'rm ke8�%'S DI., tie send Moue lat4 Mrrebny asmyaMlM by ADDING Shim 51d1�-11 clarlMing cmditlonal wl0ch allell In iWlcwa mt ate svaleble In"B-3G"tllsfrlcL Sec.51.21A-Il.Conditional Uses.C9nd llonel ysee allowed Me sloes oMillmu tnerell."the Business'B-"DII Yct sublect to SECTION 3lhpeThapyyMa text al 5.c1MIo s 51.21.1(12)and Se<ibn 196b eilemandld Rraletlm�a prohlUlflO"of letlult bu�il-eas°In� restricted Balness"B-3"and"B•3C"Districts M,as it* °ante are each harsh,,,,s*m dad b Insertlre m Identical excesum for stat5ac liquor sad �I,hhowa an th loreg.1 "otwim- Stsnarro,ashoo or retell business,theater,store(exact for stated OW,Z or.'"°rated resell liquor store ePP—ed as a Co dl- tlmel use l�llaohweitlp ill WOCadure6 WIIpleMrd In Section 51.21-a,) d lMin°Mla dhlrkl PrmWlbe IOCet dl wlMi""1asd dISHM If said business estabilihmmf or anY Iisad1)C Porti"t hereof: Mn finz y1lu.*1 ofP, a aed va e r= crohrthage a le ypearal' 1 1121"'each;or adult theater ea MlMtl in sedum (C)ls a'Claa of club II--under the orovhims 11 CMPNr Aot Title 20 a Ilwse nvleee oNl- ances-- Seenc.51.21A-2(9).Provided,however,ma formina nrmithr HsyrpolaElor°a ylapowned aHwN°�gaPer 'sera«11 aims Nine in Hill. aflrWHh1. 1I d rlci ma'ssy�b"0 bLal.-7.4ln aali a mitHcr lilsulat bustnem nrabllahment gr amYPortion thereof: ((a)cetera ezcluaWely fo hduH hermos te 111e of to advar- a WadvertisW!%tlusbn 01 P"If0r16 under Ibe ape N to yeah; -f 2 Is a ClaA"adult theater as dNIpeO In Section2a2a2 of mI ss" "cove;or Stl Is a CINs"R"9 nor tit of them 1 cedar Me Wov s Ws N Chepter 29 N Title 7d N Hwee rwlmd orol- SECT e. SECTION d.That the le#N SetllWs 5I-247 7d)ago$eglm SI-25-i(0O,sill to aduH businesses wiMfn 1 Commercial "G2"and IWustr♦aI"M-7"District be,and the same are each hembY amended W read a9 follows: Soc.SI-24-1(74). r«w�l:ee m td°rn;omntIlet�on of rnri "bencCea�4.H of a fo'blecibr'sYiai peratiori I haw :rics'�,nPo�Mwleiivl v�ever cload orHozlmlN,such bull ness bus dl two a Iflecf"a a off surrou N areas.It has Oeen well recognised by INm JW rotllttlee l"e acyropescslelInfff'reYubtlnG Iha oM.0 of such buOM.wIthi MNr IurlWktlon to Inwre Ma}wd1 adverse effects will not conlrlbuN to the dIBHHrq or downgrW Iny of wr- I Wfne neighborhoods to Me is rmina /vwM in Melr cwnmunines.Zee 9peclal regulations are set forth In womc- HW4(b) d(c)below.The Primary control or moula ion of These sela6llShmenh Is for the purpose of areverth a concentra- IIW of rheas uses In any one area and for the Preservation of rat s in adiecent areas in which these locations may be or oMiersorerlsbesilse rasePSoibnth «hicrelccllvonyov whh atersli to adult Persons to the rhherenadvMleatl eexlubb o f blocki9eluWaolanyalUNPI ark«Church«port wlMlni1,000fast of any other similar eatablIinmant or aduH business. Fa((r purposes of applying it*above`a11*rla In determining a three 1aM of Se0 Ildeedr t jlockkpseh}he1e1r1wiMda sheettlMre c 9r10 totes of 192 1Inear feel per bl««k.Said real shall be determined from the perimeters of Me Property lines of schools and parks anC from the peint of a church or oMer building,closest to Me PlOpemd bcarbn. (c)EU a oieoulalPons In wbsecibn(b)above shall trot apply rogPOrv. less licensed to sell bf r which Uses Mease rwlseyyd al mi the cW.orwNlons of tiff"19 JW 20 of Bell(alcandic belverWM eY be than those allowed IlicensedtHo fro octal of tihose,the mayor a amIded one Ivpr«espe es. }Wlbhed In Sec 20.207(2)of them revised ordlna«- e". Epp y staleliosw BA ols ovoelaNO iloyeyo01rfikmseshalwhl Asash bfoe governed by criteria specHled in SMlon 51-21d am de o uWrrbkke 1«alW�as described fe from a school, Set.S'-2S-I( (a)In the dsvabPmam end adoPtiW of this ordlMntt,Ir Is recaYnl_Hit Hove are some basins"ums which becaum el MNr very nature are ago new been rocpenlxed ferny wMres'sermo 0.me—rational ch is cotl'SilclsanMdrM 4cV {n an area of close pro ImflY,having a mrbus detatoriaus e1/M Npen tbe4 aprfWndlnO%erase.It hob bMn Well ratOpnleW by cl- ee ago Wmmunitles across the net Mat state ago brat gov- Non of suMnfl l hnesme wltltlnl Ilatheir Jurisdictions,s in to I ire Mat r`aE1n0 surrWf f'tlSndlrq lilislohtbe 1hooidfads drtto thief eprmiuf ip W vouM P MNr communitlm.Thee soetlal reaulatims arc set forts In subsections f Mere elssdffllahan Is Issfor the ours a weveetirq BBB Iwctan- IratlW of these uses in any ons area ago fed ibe Preservation or neigmg% s In adjacent areas In which Ihefe laWibna may be (b)No shop or retail buslners store,Z locations adelr y b -sive�Y iPoreld f pemr limsoto the aMa�itbeor u�naldwrll p artlu- sbn o/Pardons antler Hie see of 78 YNn may be located wiMin J het M enYkotl er flmildrnes eU Islimpeenl a�It disin�es�In IA011 F c«perpeses 0(applyMpfoMB•a1'1 I CurdNalrla In determtirning a andald teal o'c7992 ii eertlfe?re bbpdrye.SaW s�r�a 1.sNMalal brEsriesds iriied and from r7pp1.solfamcmhur9p%=—.-.lascilp110Nclow r hhee Proposed;I«.oonn. (U Ellt'/M I ppuYlerlWs In wb-11-(b)above shall nOf Fill fo orenaaes licensed to mil bear.Which Ilcanaes 'all MtflE onad benutl.Dr-IsI7 of fill o 19 ago 20 of himSell(el)celAiolic'd IpgsYPMaearalhl MtArosmuPonkbtoedllaMo morovat of he they�fl'f oroveboveW,WuPln 111'Br'a Ippdu'scre es� fiblhhed In SBtlIW 920-7(2)of them revised ordlnent- m. (III)The Provisions of M)above shell not aoelY to state owned or Lwated IIIga Ikamea wh1U shall be gavMHo by criteria specifletl In SetliW S7$Id ago which borer be located at least ND far horn J uhgol, church or Park m codas dascroad above. SECTION S.11d6 ordinance shall rake efts upon Its firer pub"c"IW. Pa mad byy Ifro City CwrKll of Salt Lake CRY,Utah,this 7H1 day of Darember,1982. S.FONNESSECK ATTESsT: CHAIRMAN KATHRYN MARSHALL CITY RECORDER TransmiHSOb MayorW aminber 8,1982 MaYOYt ActIW:Oacertlher 17,79J2. TED WILSON ATTEST: MAYOR TTYREC ORDERALL CITY RECORDER (SEAL) ,6 I(1hhaddI:1December 01,19B2 -