Proposed Ordinance - 12/6/20231
SALT LAKE CITY ORDINANCE
No. _____ of 202__
(An ordinance amending the text of Titles 18 and 21A and enacting Title 19 of the Salt Lake City
Code to implement Thriving in Place)
An ordinance amending the text of Titles 18 and 21A and enacting Title 19 of the Salt
Lake City Code to implement the City’s Thriving in Place initiative.
WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a
public hearing on November 8, 2023 to consider a petition to amend various provisions of Title
18 and Title 21A and enacting a new Title 19 of the Salt Lake City Code pursuant to Petition No.
PLNPCM2023-00535; and
WHEREAS, at its November 8, 2023 meeting, the Planning Commission voted in favor
of transmitting a positive recommendation to the Salt Lake City Council (“City Council”) on said
petition; and
WHEREAS, after a public hearing on this matter the City Council has determined that
adopting this ordinance is in the city’s best interests.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending the text of Salt Lake City Code Section 18.64.050. That Section
18.64.050 of the Salt Lake City Code (Demolition: Residential Demolition Provisions) shall be,
and hereby is amended as follows:
18.64.050: RESIDENTIAL DEMOLITION NOTICE:
A. If the structure for which a demolition permit is sought contains one or more
dwelling units, whether or not occupied, upon issuance of a demolition permit, the building
official shall cause to be recorded against title to such real property in the official records of Salt
Lake County a notice that contains the following information:
1. Information about the demolished property as required by the city, including the
number of dwelling units and respective number of bedrooms, and the amount of rent
2
charged in the year prior to the demolition, and the level of affordability if the rent is a
below market rate.
2. Notice that the future development of the property may have specific
development requirements under city code, including without limitation the requirements
identified in Title 19 and Section 21A.50.050.
SECTION 2. Repealing the text of Salt Lake City Code Chapter 18.97. That Chapter
18.97 of the Salt Lake City Code (Mitigation of Residential Housing Loss) shall be, and hereby
is repealed in its entirety as follows:
CHAPTER 18.97
MITIGATION OF RESIDENTIAL HOUSING LOSS
18.97.010: PURPOSE:
The purpose of this chapter is to mitigate the loss of affordable housing stock due to new
development with due consideration for vested or protected property rights.
18.97.020: HOUSING MITIGATION CONDITION PRECEDENT TO DEMOLITION OF
RESIDENTIAL UNITS:
A. Housing Mitigation Plan: Except as provided in subsection B of this section, any
application for a demolition permit which, if issued, will result in a loss of one or more
residential units located in a residential zone; any petition for a conditional use permit to
authorize or expand vehicle parking in a residential or mixed use zone; and any petition for a
zoning change that would permit a nonresidential use of land, that includes within its boundaries
residential dwelling units, may not be approved until a housing mitigation plan is approved by
the city. The housing mitigation plan shall be proposed and submitted to the city's planning
director and the director of community and neighborhoods and shall be accompanied by a
housing impact statement.
B. Exception: This section shall not apply to any housing which:
1. Is a nonconforming use as provided by relevant provisions of title 21A,
"Zoning", of this code; or
2. Is located on property for which an applicable master plan or the current
zoning envisions exclusive nonresidential use; or
3. a. Is proposed to be demolished for health or safety reasons as provided in
section 18.64.040 or chapter 18.48 of this title or their successors.
b. Notwithstanding subsection B3a of this section, housing which is
demolished for health or safety reasons, which is the result of neglect pursuant to
section 18.64.045 of this title, shall be subject to the provisions of this section.
3
C. Housing Impact Statement: The housing impact statement shall:
1. Identify the essential adverse impacts on the residential character of the
area subject of the petition;
2. Identify by address any dwelling units targeted for demolition, following
the granting of the petition;
3. Separately for each dwelling unit targeted for demolition, state its current
fair market value, if that unit were in a reasonable state of repair and met all applicable
building, fire and health codes;
4. State the number of square feet of land zoned for residential use that
would be rezoned or conditionally permitted to be used for purposes sought in the
petition, other than residential housing and appurtenant uses; and
5. Specify a mitigation plan to address the loss of residential zoned land,
residential units or residential character.
18.97.030: OPTIONS FOR MITIGATING RESIDENTIAL LOSS:
Petitioners subject to the requirements of this chapter may satisfy the need for mitigation of any
residential housing unit losses by any one of the following methods:
A. Replacement Housing: The petitioner may agree, in a legal form satisfactory to
the city attorney, to construct the same number of residential dwelling units proposed for
demolition, within:
1. The city council district in which the land subject of the petition is located;
or
2. An adjoining council district, if the mitigation site is within a one mile
radius of the demolition site.
3. Any such agreement shall include adequate security to guarantee
completion within two (2) years of the granting of a demolition permit.
B. Fee Based On Difference Between Housing Value And Replacement Cost: The
petitioner may pay to the city housing trust fund the difference between the fair market value of
the housing units planned to be eliminated or demolished and the replacement cost of building
new units of similar square footage and meeting all existing building, fire and other applicable
law, excluding land values.
C. Fee, Where Deteriorated Housing Exists, Not Caused By Deliberate Indifference
Of Landowner:
1. Request By Petitioner For Flat Fee Consideration: In the event that a
residential dwelling unit is targeted or proposed for demolition and is in a deteriorated
state from natural causes, such as fire, earthquake or aged obsolescence that is not
occasioned by the deliberate acts or omissions to act on the part of the petitioner or his
predecessors in interest, which detrimental condition reduces a dwelling unit's fair market
4
value or habitability as a residential dwelling unit, the petitioner may request an
exemption from the above two (2) methods of mitigation from the director of the
department of community and neighborhoods as provided below. A judgment as to
whether deterioration has occurred as the result of deliberate indifference shall be based
on a preponderance of evidence.
2. Required Facts Of Natural Deterioration/Increase Fair Market Value Of
Units To Be Demolished: The petitioner may submit to the director of the department of
community and neighborhoods every fact known to support the proposition that the
residential dwelling units were not purposely allowed to deteriorate by lack of reasonable
maintenance, ordinary and prudent repairs, or other acts or omissions to act. The value of
the unit(s) targeted or proposed for demolition may be increased to the fair market value
that the units would have, if each unit was in a state of habitability and minimally
meeting applicable building codes and other applicable law, excluding land value. This
enhanced value will then be applied in thus computing any housing mitigation payment
provided in subsection B of this section.
3. Flat Fee Mitigation Payment: In the event that the petitioner actually and
reasonably demonstrates to the director of community and neighborhoods that the costs
of calculating and analyzing the various methods of mitigation are unreasonably
excessive in relationship to the rough estimated costs of constitutionally permitted
mitigation, the department director may recommend to the city council that a flat rate be
paid by the petitioner to the city's housing trust fund. This flat rate shall be a sum not in
excess of three thousand three hundred twenty two dollars twenty cents ($3,322.20) per
dwelling unit to be demolished. Such flat fee shall be adjusted for inflation as of January
1 of each calendar year following the initial adoption hereof, based on the consumer price
index for the previous twelve (12) months, or three percent (3%), whichever result is less.
18.97.040: HOUSING MITIGATION JUSTIFICATION TO COUNCIL:
A. Report To City Before Rezoning Hearings: The director of the department of
community and neighborhoods, or designee, shall prepare a report justifying the method of
housing mitigation recommended by the director, including the factual basis upon which it is
premised and a factually based justification for the recommendation. This report shall be
submitted to the planning commission in sufficient time for its deliberation concerning the
advisability of effectuating the petitioner's request for a zoning change. The petitioner may,
likewise, submit its proposal and the factual and legal justification for mitigation, if any, or why
the director's recommendations are appropriate or should be modified. The commission shall
include in its evaluation an evaluation of the adequacy of the housing loss mitigation plan,
proposed by the petitioner and that recommended by director of the department of community
and neighborhoods.
B. Report To Planning Director On Conditional Use Permit Petitions: In the event of
a conditional use permit, said report shall be submitted to the city's planning director. The report
shall be duly evaluated, considered and included in the decision regarding any conditional use
permit. The planning director, or designee, shall memorialize, in writing, the factual basis
supporting any decision dealing with the housing mitigation component of any such conditional
5
use permit and include this finding and evaluation in the file for due consideration should there
be an appeal relating thereto.
C. Report To Housing Advisory And Appeals Board: A housing mitigation plan
required under chapter 18.64, "Demolition", of this title shall be considered by the housing
advisory and appeals board as provided in such chapter. The director of the department of
community and neighborhoods shall prepare a report justifying the method of housing mitigation
recommended by the director, including the factual basis upon which it is premised and a
factually based justification for the recommendation. This report shall be submitted to the
housing advisory and appeals board in sufficient time for its deliberation concerning the
advisability of effectuating the petitioner's request for a demolition permit. The petitioner may,
likewise, submit its proposal and the factual and legal justification for mitigation, if any, or why
the director's recommendations are appropriate or should be modified. The board shall include in
its evaluation an evaluation of the adequacy of the housing loss mitigation plan, proposed by the
petitioner and that recommended by director of the department of community and
neighborhoods.
18.97.050: NATURE AND REVIEW OF ALLEGED UNCONSTITUTIONAL OR ILLEGAL
HOUSING LOSS MITIGATION:
Should any petitioner or other person, corporation, or entity claim that this chapter or any
application of it is illegal, unconstitutional, or may constitute or effectuate an unconstitutional
taking of property without appropriate compensation, either per se or as applied, the city shall be
notified as soon as practicable. The provisions of title 2, chapter 2.66, "Constitutional Takings",
of this code shall apply to each such claim.
SECTION 3. Enacting the text of Salt Lake City Code Title 19. That a new Title 19 of the
Salt Lake City Code (General Plans) is hereby enacted as follows:
TITLE 19
GENERAL PLANS
19.02 Title, Purpose, Authority, and General Plan Defined
19.04 General Plan Requirements
19.06 Process for General Plans and Amendments
19.08 Appeals
19.10 Definitions
CHAPTER 19.02
TITLE, PURPOSE, AUTHORITY AND GENERAL PLAN DEFINED
19.02.010: TITLE:
6
This title shall be known, cited, and referred to as the General Plans Ordinance of Salt Lake City.
All references to the various parts of this title shall be considered as references to corresponding
numbers, sections, and chapters.
19.02.020: AUTHORITY:
The city council of Salt Lake City adopts this title pursuant to the Municipal Land Use
Development and Management Act, title 10, chapter 9a, of the Utah Code or its successor, and
such other authorities and provisions of Utah statutory and common law that are relevant and
appropriate.
19.02.030: PURPOSE:
The purpose of this title is to carry out the purposes of the Municipal Land Use Development and
Management Act, title 10, chapter 9a, of the Utah Code or its successor. This title is also
intended to:
A. Define the general plan of the city, including the required and desired elements that
collectively establish the general plan of the city.
B. Provide guidance on the future growth of the city.
C. Assist in consideration of decisions to amend sections of city code that relate to the
development of land.
D. Identify issues that may arise as the city changes over time, including projections related to
population growth, housing, natural resource consumption and availability, air quality, water
quality, protection of sensitive lands, and access to necessary services and amenities to
maintain quality of life.
E. Establish a process for adopting and amending any aspect of the adopted general plan.
19.02.040: GENERAL PLAN DEFINED:
The general plan of Salt Lake City consists of the following plans:
A. Plan Salt Lake or its successor as the overarching vision plan for the city.
B. Element Plans: The following types of plans are considered element plans and are part of the
general plan:
7
1. Community plans and associated corridor, small area, station area, or block plans, as the
land use plans for the city, that include a future land use map or description of future
development characteristics that provide direction for future changes to the zoning code.
2. Any adopted moderate income housing plan that includes policies related to housing.
3. Transportation Plan, including any plan that guides future decision making regarding any
aspect of the transportation network in the city.
4. Public Lands and/or Open Space Plans, including any plan that includes policies for the
creation or expansion of parks, trails, natural lands, or other public spaces.
5. Historic Preservation Plan, including any plan that guides future decision making
regarding the preservation of historic buildings, structures, and places.
6. Water Use and Preservation Plan and any other plan regarding the future use or
conservation of water.
7. Any other plan that is determined necessary to carry out the purpose of this chapter and
the purpose of Utah Code 10-9a part 4 or its successor.
C. Separate Plans: The city council may adopt separate, individual plans to collectively fulfill
the general plan requirements of Utah Code 10-9a part 4.
D. Implementation Plans: Plans created by the city to implement the general plan, manage
improvements to existing public lands, or construct existing public facilities are not
considered to be an element of the general plan and are not subject to the adoption processes
required by this title. Implementation plans required in Utah Code to be part of the general
plan are subject to the adoption process required by Utah Code and this title.
19.02.050: LINKING PLANS:
If separate plans are adopted, each separate plan should indicate how the plan relates to the other
plans.
19.02.060: EFFECT OF ADOPTED GENERAL PLAN:
A. All general plans recommended by the planning commission and adopted by the city council,
or for an area of the city, shall serve as an advisory guide for:
1. Amendments to Title 21A, including amendments to the zoning map.
2. Decisions related to the allocation of resources related to the development of land.
3. Decisions related to processes or applications identified in Titles 20 Subdivisions and
21A Zoning as indicated in those titles.
B. Complying with any portion of a general plan shall be required when specified in Title 20
Subdivisions or Title 21A Zoning.
C. Public Uses to Conform to General Plan: After the city council has adopted a general plan,
no dedicated street, park, or other public way, ground, place, or space, no publicly owned
8
building or structure, and no public utility, whether publicly or privately owned, may be
constructed, or authorized until and unless it conforms to the current general plan.
1. A public use is considered to conform to the general plan when:
a. The use is consistent with the designation on the future land use map; or
b. The use is described in specific policies within the general plan or general plan
elements.
2. The future land use map shall take precedence over any policy within the general plan
when determining if a public use conforms to the general plan.
CHAPTER 19.04
GENERAL PLAN REQUIREMENTS
19.04.010: GENERAL PLAN REQUIRED:
The general plan of Salt Lake City shall include the entirety of the city as required by the Utah
Code Municipal Land Use Development and Management Act, title 10, chapter 9a, of the Utah
Code or its successor.
19.04.020: REQUIRED ELEMENTS:
The general plan is required to include elements and components as required by Utah Code 10-
9a-403 or its successor and any other applicable section of state code. The general plan may also
include any elements that are deemed necessary by the city to address the purposes identified in
this title.
19.04.030: ROLE OF PLAN SALT LAKE:
Plan Salt Lake, or its successor, shall establish the purpose and goals of the general plan. All
other elements that collectively comprise the city’s general plan shall identify how the plan
aligns with Plan Salt Lake and establish specific policies to achieve the purpose and goals of the
general plan.
CHAPTER 19.06
PROCESS FOR GENERAL PLANS AND AMENDMENTS
19.06.010: PURPOSE:
The purpose of this chapter is to establish the minimum process requirements for:
A. Adopting a new general plan or element;
9
B. Adopting comprehensive updates to a general plan or element; and
C. Amendments to existing plans proposed by a property owner.
19.06.020: INITIATION:
The creation of a new plan, a comprehensive update to an existing plan, or an amendment to an
existing plan may be initiated by:
A. The mayor, by signing a document to initiate the process;
B. The city council, following the policies adopted by the council for such action; or
C. A property owner or the owner’s designee when the amendment relates to the owner’s
properties. A property owner may only submit a petition to amend the general plan as it
pertains to property that they own.
D. The planning commission may make a recommendation to the mayor or city council to
initiate an amendment to an existing plan.
19.06.030: WHEN REQUIRED:
A petition to amend or modify the adopted general plan shall be required as described in this
section. The planning director shall determine if a petition to amend a general plan is required
based on the guidance in this section.
A. New Plans and Comprehensive Updates: Petitions for a new general plan or a comprehensive
update to an existing general plan are at the discretion of the city council or mayor.
B. Annexation Petitions: The below standards apply to petitions for annexation into Salt Lake
City.
C. Property Owner Petitions: The below standards apply to petitions made by a property owner
or owner’s designee, including the city when a petition is property specific.
1. Petition Required: A petition to modify the general plan shall be required in the following
instances:
a. Zoning Amendment: A petitioner is proposing a zoning amendment that includes
an increase in the recommended density, scale, or intensity identified in the
applicable future land use map or in the description of the desired future
development characteristics found in the land use element of the general plan.
10
b. Specific Property: A petitioner is requesting to change the future land use map
designation or description of the desired future development characteristics found
in the land use element of the general plan that pertains to a specific property.
c. Public Facility or Space: A request that involves altering an identified
transportation or public facility, building, open space, or other public space that is
identified in the plan, for the purpose of expanding the petitioner’s land or
development right.
d. If the general plan does not describe the recommended density, land use intensity,
or scale of development, any petition to change the zoning of the property shall
include a petition to modify the general plan.
2. Petition Not Required: A petition to modify a general plan is not required in any of the
following instances.
a. The future land use map or a policy in an adopted plan specifically identifies
privately owned land for future public use and the current zoning district of the
property substantially interferes with the use of the property.
b. The petition satisfies one of the following criteria:
i. A proposed zoning amendment includes a zoning designation that is
generally consistent with either the future land use map or description of
the desired future development characteristics found in the land use
element of the general plan. To be considered consistent, the proposed
zoning amendment shall fit within the recommended density, land use,
land use intensity, and scale of future development identified in an
applicable plan.
ii. A proposed zoning amendment includes a proposal to provide affordable
housing that is consistent with the identified need for affordable housing
in any housing plan adopted by the city or with any affordable housing
policy within the general plan as defined in 19.02.040.
c. When a petition for a general plan amendment is not required, a petition to amend
Title 21A shall follow the process outlined in 21A.50.
19.06.040: PROPERTY OWNER INITIATED PETITION REQUIREMENTS:
After a petition has been submitted by a property owner to amend the general plan, the following
steps, at a minimum, shall be required.
A. Petition Requirements: The petitioner shall submit a petition for an amendment to the general
plan on a form approved by the zoning administrator and pay all required fees as shown on
the Salt Lake City consolidated fee schedule. The petition shall include the following
information:
1. Legal description, address, and property tax identification number of the properties that
are the subject of the proposed petition.
11
2. Contact information, including address, phone, and email of the property owners or the
property owner’s authorized representative.
3. Property owner signature or signed acknowledgment authorizing a designee to submit the
petition.
4. A description of the proposed modification to the general plan, including any changes to
the future land use map, future land use designation, or description of scale and
density/intensity of the proposed change. Any proposed amendment to the text of the
plan shall include the exact proposed text and changes that are proposed in a strike and
underline format.
5. Maps that show the current use of the subject property and adjacent properties.
6. When the property that is subject to the petition contains residential uses, the following
information must be provided:
a. The current number of dwellings or any other residential use and any number of
dwellings that have been demolished in the past 36 months.
b. The square footage and number of bedrooms for each dwelling unit;
c. The current cost of rent and the cost of rent for the previous 36 months;
d. The total number of households and people residing on the property.
7. When a property contains nonresidential uses, the following information must be
provided:
a. Details on the nature of the existing and prior use for the past 10 years or, if 10
years of records are not available, for as long as the current owner has records of
the use of the property;
b. Square footage of the leasable area;
c. Detailed list of current or prior occupants;
d. The current cost to lease and the cost to lease for the previous 36 months.
8. A written general description of any future development that is planned for the property
including the anticipated use, density, scale of development, timing of development, and
any additional land use applications that may be required to develop the site.
9. A written description regarding the proposed community benefit identified in
19.06.070.B. The description shall adequately describe the necessary details to
demonstrate that the proposed community benefit is roughly proportionate to the
potential increase in development right if the proposed amendment were to be adopted.
10. The application shall be accompanied by the applicable fees shown on the Salt Lake City
consolidated fee schedule. The applicant shall also be responsible for payment of all fees
established for providing the public notice required by Chapter 21A.10. Application and
noticing fees for petitions filed by the city council, planning commission or the mayor
shall not be required.
B. Process: A petition is subject to the following process:
1. Determining if Application is Complete: After the petition is submitted and fees are paid,
the planning director shall review the materials submitted with the petition to determine if
12
all required materials have been submitted. If a required item is missing or deficient, the
petitioner shall be notified of the deficiency and be given 30 days to submit the missing
information or correct the deficient material. If not submitted within 30 days, the petition
may be considered withdrawn and closed. A refund of any required fees will be provided
minus the cost to review the petition for completeness.
2. Notice to Neighbors and Recognized Community Organizations: After the application is
found to be complete, a notice shall be sent to all neighbors and recognized community
organizations as required by Section 21A.10.015. The notice shall include a minimum of
45-day public input period and any information required for public notice by Utah Code
10-9a or its successor and by this title.
3. Applicant Presentation to the Community: The petitioner shall arrange for a public
presentation of the proposal to the recognized community organization when the subject
property is within a defined boundary of the recognized community organization. The
presentation shall occur after the notice has been sent to the neighbors and recognized
organization. The petitioner is responsible for presenting the proposal.
4. Additional Public Input: The planning director may extend the public input period based
on the level of controversy, or changes to the petition made by the applicant that include
a future land use designation that increases the recommended densities or development
intensity beyond the original request.
5. Early Planning Commission Public Hearing: The planning director may schedule a public
hearing to be held with the planning commission within the 45-day public notice period
required by this Title. If a public hearing is held within 45 days, the planning
commission shall continue the public hearing to a future date that is after the required 45-
day public input period required by this title.
6. Planning Commission Public Hearing: Prior to making a recommendation to the city
council to consider a petition to amend the general plan, the planning commission shall
hold a public hearing after the 45-day noticing period ends. All Planning Commission
public hearings shall be noticed in accordance with Utah Code and in accordance with
Chapter 21A.10.020.
19.06.050: CITY INITIATED PETITION REQUIREMENTS:
This section applies to city-initiated petitions proposing new general plans or comprehensive
updates to existing general plans. This section does not apply to petitions subject to 19.06.040. A
petition to adopt a new general plan, or comprehensive update to a general plan, that is initiated
by the mayor or city council shall include at a minimum the following procedural steps:
A. Development of a written purpose and need statement that explains why the plan or
amendment is being considered.
B. Creation of a work plan that includes at a minimum the following information:
1. Public engagement plan that provides multiple opportunities for the community and city
boards or commissions to be included in determining how the plan can achieve the vision
in Plan Salt Lake and purposes of this section.
13
2. Identification of key points in the process for city council, mayor, and planning
commission review and input regarding the progress, direction, and general content of the
plan.
3. The necessary steps to comply with the legally established adoption process.
4. Identification of resources needed to create and adopt the plan or comprehensive update.
5. A timeline for the project that is based on the available resources and steps necessary to
adopt the plan or comprehensive update.
C. Notice of intent to prepare a general plan or comprehensive update to the general plan shall
be sent to the affected entities as required by Utah Code 10-9a-203 or its successor as well as
posted on the city website and sent to all registered recognized organizations.
D. After a complete public draft of a plan is created, the following steps shall be followed:
1. A minimum review time of 45 days shall be provided for the community to provide input
on the plan that complies with the notification requirements of 21A.10.015 or its
successor.
2. A minimum of one public hearing before the planning commission. The public hearing
shall comply with all public notice requirements required under Utah Code.
3. The historic landmark commission may make a recommendation for the city council to
adopt, amend and adopt, or deny the proposed plan after a public hearing when the
general plan amendment impacts an H Historic Preservation Overlay District.
4. The planning commission shall make a recommendation for the city council to adopt,
amend and adopt, or deny the proposed plan after a public hearing.
5. The city council shall hold a public hearing prior to making a final decision regarding a
proposed general plan or amendment to the general plan.
19.06.060: REQUIRED NOTICE:
A petition submitted under this title is subject to the following public notice procedures:
A. City Code: Public notice shall be provided as required by 21A.10.020.
B. State Code: Public notice shall be provided as required by Utah Code 10-9a-203 and Utah
Code 10-9a-204, or their successors, as applicable.
19.06.070: FACTORS TO CONSIDER FOR AMENDMENTS TO THE GENERAL
PLAN:
The intent of this section is to establish a list of factors that the planning commission and city
council should consider when evaluating a proposed plan or plan amendment. Each factor
should be considered with the understanding that not all factors will be applicable to all petitions.
14
A. If an amendment is approved by the city council, no certificate of occupancy shall be issued
until the property owner demonstrates compliance with the council approval, an applicable
development agreement, and this chapter if required by the approval.
B. Consideration Factors: In reviewing a proposal to modify the general plan, the planning
commission and city council should consider, but are not limited to, the following factors:
1. Whether the proposal is consistent with citywide policies.
2. Whether the proposal is consistent with the goals, policies, or implementation actions of
the general plan, including applicable element plans.
3. Whether significant change has occurred that warrants the creation of a new plan or an
update to an adopted plan.
4. Whether the goals, policies, or implementation actions of the plan to be amended have
been achieved, are no longer relevant to or capable of addressing the current issues or
needs of the neighborhood or the city, or are no longer aligned with policies in citywide
plans.
5. For petitions submitted by a property owner, the extent, effectiveness, and proportionality
of the public benefit proposed by the petitioner to the increase in development potential if
the proposal were to be adopted by the city council.
6. The potential for displacement of people who reside in any housing that is within the
boundary of the proposed amendment and the plan offered by the petitioner to mitigate
displacement.
7. The potential for displacement of any business that is located within the boundary of the
proposed amendment and the plan offered by the petitioner to mitigate displacement.
8. The potential impacts to properties in the immediate vicinity of the proposal.
9. The potential impacts on the city to provide safe drinking water, storm water, and sewer
to the property based on the additional development potential of future development.
10. The potential impacts to public safety resources created by the increase in development
potential that may result from the proposed amendment.
11. The potential impacts to any other city service, infrastructure, or resource that may be
impacted by the increase in development potential that may result from the proposed
amendment.
C. Community Benefit Requirement. Each petition that is initiated by a private property owner
shall identify the community benefit(s) provided by the proposal that would not otherwise be
provided without the amendment as provided for in this section.
1. The proposed public benefit(s) shall be from one or more of the following categories:
a. Providing housing that aligns with the current or future needs of the community
as determined by the general plan. Needs could include the level of affordability
in excess of the number of dwellings that exist on the site, size in terms of number
of bedrooms, or availability of housing for purchase.
b. Providing commercial space for local businesses or charitable organizations.
c. Providing a dedication of public open space.
15
d. Providing a dedication or other legal form of protection from future development
of land that is adjacent to a river, creek, wetland, floodplain, wildlife habitat, or
natural lands.
e. Preserving historic structures.
f. Expanding public infrastructure that expands capacity for future development.
2. The proposed community benefit may be evaluated based on the following, if applicable:
a. For proposals that are intended to increase the housing supply, the level of
affordability of the additional density that may be allowed if the proposal were to
be adopted;
b. The percentage of space allocated to commercial use compared to the total ground
floor area that could be developed on the site;
c. The size of the public open space compared to the total developable area of the
lot, exclusive of setbacks, required landscaped yards, and any open space
requirement of the proposed zoning district;
d. The relative size and environmental value of any land that is to be dedicated;
e. The historic significance of the structures proposed to be preserved;
f. The amount of development that could be accommodated due to the increase in
public infrastructure capacity compared to the general need for the area;
g. The input received related to the community benefit during the 45-day
engagement period.
h. Policies in the general plan that support the proposed community benefit;
3. The planning commission may make a recommendation to the city council regarding
accepting the proposed public benefit.
4. The city council has final authority regarding requiring a public benefit. The city council
may accept the proposed public benefit, modify the benefit, require a different public
benefit, or waive the public benefit based on the merits of the proposal.
5. Any future development where a public benefit is required shall be subject to a
development agreement to ensure that the agreed upon public benefit is provided prior to
a certificate of occupancy being issued for any building within the future development.
6. A violation of the development agreement that includes not providing the agreed to
public benefit shall require the property owner to pay a fine that is equal to the fair
market value of the public benefit in the development agreement plus the fines identified
in 21A.20.040.
D. Displaced Tenant Resulting from Demolition of Housing: If a proposed amendment
submitted by a property owner includes the likely demolition of any dwelling, the city
council may require the petitioner to provide relocation assistance for the current tenant(s), or
a replacement dwelling as required by this section for each demolished dwelling within a
future development.
1. This subsection may be applied by the city council when a proposal for a property owner
initiated general plan amendment is likely to result in an existing housing unit being
16
demolished due to the increase in development rights that may result from the proposed
amendment.
2. For the purpose of this section, any term that is used in the singular shall be interpreted to
include the plural of the term.
3. A petitioner may not terminate a lease or evict a tenant for the purpose of evading the
obligation to provide tenant relocation assistance and other requirements set forth in this
section.
4. Tenant Relocation Assistance: When a petition is likely to result in the demolition of a
dwelling unit, the property owner may be required to provide the tenant with relocation
assistance to supplement the costs of leasing a comparable replacement dwelling. The
rental relocation assistance includes the following:
a. Moving expenses based on a reasonable estimate provided by the tenant, up to a
maximum of $1,500.
b. Application fees for the replacement housing.
c. The deposit that the displaced tenant would have to pay to secure replacement
housing.
d. Monthly Rental Assistance payment. The rental assistance payment is based on
the difference, if any, between the cost of the monthly rent of the demolished
housing and a comparable unit. The rental payment total amount paid shall not be
more than $7,200.
e. If the property owner relocates the displaced tenant into an existing unit that is
owned by the applicant within Salt Lake City at the same rental rate that the
displaced tenant was paying and without an additional applicant fee or deposit,
then paragraphs b, c, and d above do not apply.
f. Any and all payments should be received by the tenant 24 hours in advance of
leaving the unit to be demolished.
g. Tenant Relocation Assistance Exemptions: If the project is receiving identified
federal funds and subject to the Uniform Relocation Assistance (URA) and Real
Property Acquisition Policies Act of 1970, as amended, 42. U.S.C 4601-4655,
The relocation assistance rules for the developer/tenant under that act will govern
and the tenant relocation assistance outlined in this section will not apply. The
developer shall inform the city if they are subject to URA and details of assistance
to be provided. Tenants who receive tenant relocation assistance from this section
are not eligible to receive relocation benefits from the city.
E. Demolished Unit Replacement. The future development may be required to replace the
demolished housing unit within the new development. The replacement housing unit shall
have the same number of bedrooms. In addition, the applicant shall propose one of the
options listed in this section. The city council has the authority to waive or modify this
requirement.
1. The replacement unit shall be rented at the same amount as the demolished unit with no
more than a 3% annual increase on the rental rate for a period of 20 years.
2. The applicant may propose a payment to the city in lieu of the rental restriction on the
new unit to go toward the city’s housing fund to offset the loss of affordable housing. The
17
payment shall be equal to the monthly rent of the unit prior to demolition multiplied by
the number of months between the time the unit is vacated prior to demolition until a
certificate of occupancy for the replacement dwelling is issued.
F. If a housing unit is demolished or neglected to the point of being uninhabitable at any time
during the five years prior to a petition for a plan amendment being submitted or is placed on
the city’s boarded building inventory, the city council may require this section to apply to
tenants that were displaced by the demolition or require the tenant relocation amount to be
paid to the city for the purpose of other tenant relocation assistance.
19.06.080 DEVELOPMENT AGREEMENTS:
The petitioner may be required by the city council to enter into a development agreement as
indicated in this section.
A. The city council may consider applying requirements through an appropriate legal agreement
with a petition for a zoning amendment when the city council determines that such an
agreement is necessary to increase the benefit of the proposed zoning amendment and/or to
address potential impacts to city services, surrounding land uses, public safety, and the health
of current and future residents, business owners, and visitors to the city. The agreement may
modify any applicable requirement of this title provided the modification was proposed to
and considered by the planning commission as required for any zoning amendment.
Agreements that constrain the development potential or land uses of the subject property
compared to what is authorized in the proposed zoning district are not required to be
reviewed by the planning commission prior to consideration of the agreement.
B. The petitioner shall enter into a development agreement with the city if the city council
requires any or all of the following: a community benefit, tenant relocation assistance, or
replacement of demolished housing units. The development agreement shall include the
following information.
1. The details of the public benefit, relocation assistance, timeline for replacement of
demolished units, fee payment requirements or installments, or any other requirement of
the city council in sufficient detail to ensure that the requirements of the development
agreement can be administered and enforced for the life of the agreement.
2. Direction regarding how the development agreement will be enforced, including
necessary notice of any violation, a timeframe for curing the violation, penalties for any
violation that may be assessed if the violation is not cured, and any other necessary
provisions to ensure that the agreement is followed.
3. The timeframe that the development agreement shall be effective and a provision that
automatically terminates the development agreement after the timeframe expires.
4. The development agreement shall be recorded on the title of the property with the Salt
Lake County Recorder as well as on the title of any other property that is part of the
approved community benefit, tenant relocation assistance, or other requirement imposed
by the city council.
18
19.06.090: EFFECT OF ADOPTION:
The adoption of a plan or modification to a plan shall establish applicable policies related to the
subject matter of the plan and may be used as a guide in making decisions related to any
component of the plan as required by state code or elsewhere in this title.
19.06.100: LIMITATIONS:
A petition to amend any aspect of the city’s general plan is subject to the following limitations:
A. If the petitioner chooses to modify a petition after the planning commission has made a
recommendation, the petitioner may withdraw the application and submit a new application,
including fee, and start a new process as required by this chapter.
B. A modification by the applicant to a petition in a manner that increases the density or
development potential in relationship to the original proposal prior to the planning
commission recommendation shall start the public engagement process over.
C. No application for a general plan amendment shall be considered by the city council or the
planning commission within one year of a final decision of the city council upon a prior
application covering substantially the same subject or substantially the same property. This
provision shall not restrict the mayor, the city council, or the planning commission from
proposing any general plan amendments at any time.
D. A petition that is withdrawn for reasons other than those listed in this section and before the
first public hearing is held shall be closed with no action. Once a petition is closed after it is
withdrawn, it cannot be reopened, and a new application will be required.
19.07: APPEALS:
An appeal of final decisions related to general plan amendments made by the city council may be
appealed in accordance with Utah Code. Recommendations from the planning commission, the
administration of the city, or any other entity are advisory in nature and not subject to appeal.
19.08: DEFINITIONS:
All terms used in this title shall be as defined in Utah Code 10-9a or Title 21A. Definitions in
Utah Code 10-9a will take precedence followed by Title 21A. Any term not defined in Utah
Code 10-9a or in Title 21A shall be as defined in Merriam-Webster online dictionary.
19
SECTION 4. Amending the text of Salt Lake City Code Chapter 21A50. That Chapter
21A.50 of the Salt Lake City Code (Amendments) shall be, and hereby is amended as follows:
21A.50.010: PURPOSE STATEMENT:
The purpose of this chapter is to provide standards and procedures for making amendments to
the text of this title and to the zoning map. This amendment process is not intended to relieve
particular hardships nor to confer special privileges or rights upon any person, but only to make
adjustments necessary in light of changed conditions or changes in public policy.
21A.50.020: AUTHORITY:
The text of this title and the zoning map may be amended by the passage of an ordinance adopted
by the city council in accordance with the procedures set forth in this chapter. Applications
related to H Historic Preservation Overlay District or Landmark Sites are subject to the
procedures in Chapter 21A.51, Local Historic Designations and Amendments.
21A.50.030: INITIATION:
Amendments to the text of this title or to the zoning map may be initiated by filing an application
for an amendment addressed to the planning commission. Applications for amendments may be
initiated by the mayor, the city council, the planning commission, or the owner of the property
included in the application, or the property owner’s authorized agent.
21A.50.040: PROCEDURE:
An amendment to the text of this title or to the zoning map initiated by any of the methods
described in Section 21A.50.030 of this chapter shall be processed in accordance with the
following procedures:
A. Petition Required: A petition shall be made to the zoning administrator on a form or forms
provided by the zoning administrator, which shall include at least the following information:
1. Contact information, including address, phone, and email of the property owners or the
property owner’s authorized representative;
2. Legal description, address, and property tax identification number of the properties that
are the subject of the proposed petition;
3. Property owner signature or signed acknowledgment authorizing a designee to submit the
petition.;
4. A description of the proposed modification to the zoning map and justification for the
proposal. Any proposed amendment to the text of this code shall include the exact text
and citation of the proposed location within the zoning ordinance. Text that is proposed
20
to be added shall be underlined and text that is proposed to be deleted shall be shown
with a strikethrough line.
5. Maps that show the current use of the subject property and adjacent properties.
6. For residential properties, the following information must be provided:
a. The current or prior number of dwellings;
b. Square footage and number of bedrooms for each dwelling unit;
c. The current cost of rent and the cost of rent for the previous 36 months;
d. The total number of people residing on the property.
7. For nonresidential properties, the following information must be provided:
a. Details on the nature of the existing and prior use;
b. Square footage of the leasable area;
c. Detailed list of current or prior occupants;
d. The current cost to lease and the cost to lease for the previous 36 months.
8. A written general description of any future development that is planned for the property
including the anticipated use, density, scale of development, timing of development, the
anticipated impact to existing land uses and occupants of the land subject to the proposal,
and any additional land use petitions that may be anticipated to develop the site. Visual
renderings and basic site plans may be provided by the applicant.
9. A written description regarding any proposed community benefits, as identified in
21A.50.050.C. The description shall adequately describe the necessary details to
demonstrate that the proposed community benefit is roughly proportionate to the
potential increase in development right if the proposed amendment were to be adopted.
B. Fees: The application shall be accompanied by the applicable fees shown on the Salt Lake
City consolidated fee schedule. The applicant shall also be responsible for payment of all
fees established for providing the public notice required by Chapter 21A.10 of this title.
Application and noticing fees filed by the city council, planning commission or the mayor
shall not be required.
C. Determination of Completeness: After the petition is submitted and fees are paid, the
planning director shall review the materials submitted with the petition to determine if all
materials have been submitted. If a required item is missing or deficient, the petitioner shall
be notified of the deficiency and be given 30 days to submit the missing information or
correct the deficient material. If not submitted within 30 days, the petition may be
considered withdrawn and closed. A refund of any required fees will be provided minus the
cost to review the petition for completeness.
D. Public notice and process shall follow the requirements of 21A.10 and as required in Utah
Code Chapter 10-9a.
E. Staff Report: A staff report evaluating the amendment application shall be prepared by the
planning director and shall contain at least the following information:
21
1. An analysis of any factors to be considered found in this title.
2. A discussion regarding input received from the public.
3. Input from other city departments or entities who have provided comments related to the
proposal.
F. Planning Commission Public Hearing: The planning commission shall schedule and hold a
public hearing on the completed application in accordance with the standards and procedures
for conduct of the public hearing set forth in Chapter 21A.10, “General Application and
Public Hearing Procedures”, of this title. The following provisions apply for petitions to
amend the zoning map that are requesting to apply the Homeless Resource Center Overlay
District:
1. The planning commission may hold a public hearing during the required 45-day public
notification period required in Section 2.60.050 of the Salt Lake City Code for zoning
map amendments to apply the Homeless Resource Center Overlay District. No
recommendation shall be made by the planning commission during the 45-day
notification period.
2. During the 45-day public notification period, the petitioner shall arrange an opportunity
for people who are experiencing homelessness to provide input on the proposed location
of the Homeless Resource Center Overlay District.
3. Notice of the public hearing shall be sent via first class mail to property owners and
tenants within 450 feet of the proposed boundaries of the petition to map the Homeless
Resource Center Overlay District.
4. The petition shall be scheduled for a recommendation from the planning commission at
the first regularly scheduled commission meeting following the end of the 45-day
notification period.
G. Planning Commission Decision: Following the public hearing, the planning commission shall
recommend approval or denial of the proposed amendment or the approval of some
modification of the amendment and shall then submit its recommendation to the city council.
H. City Council Hearing: The city council shall schedule and hold a public hearing to consider
the proposed amendment in accordance with the standards and procedures for conduct of the
public hearing set forth in Chapter 21A.10, “General Application and Public Hearing
Procedures”, of this title within 90 days of receipt of the administration’s transmittal.
I. City Council Decision: Following the hearing, the city council within a reasonable time
frame may adopt the proposed amendment, adopt the proposed amendment with
modifications, or deny the proposed amendment. However, no additional land may be zoned
to a different classification than was contained in the public notice.
21A.50.050: STANDARDS FOR GENERAL AMENDMENTS:
22
A decision to amend the text of this title or the zoning map by general amendment is a matter
committed to the legislative discretion of the city council and is not controlled by any one
standard.
A. In making its decision concerning a proposed text amendment, the city council should
consider the following factors:
1. Whether a proposed text amendment is consistent with the purposes, goals, objectives,
and policies of the city as stated through its various adopted planning documents;
2. Whether a proposed text amendment furthers the applicable purpose statements of the
zoning ordinance;
3. Whether a proposed text amendment is consistent with the purposes and provisions of
any applicable overlay zoning districts which may impose additional standards;
4. The extent to which a proposed text amendment implements best current, professional
practices of urban planning and design.
5. The impact that the proposed text amendment may have on city resources necessary to
carry out the provisions and processes required by this title.
6. The impact that the proposed text amendment may have on other properties that would be
subject to the proposal and properties adjacent to subject properties.
7. The community benefits that would result from the proposed text amendment, as
identified in 21A.50.050.C.
B. In making a decision to amend the zoning map, the city council should consider the
following:
1. Whether a proposed map amendment is consistent with and helps implement the
purposes, goals, objectives, and policies of the city as stated through its various adopted
planning documents;
2. Whether a proposed map amendment furthers the applicable purpose statements of the
zoning ordinance;
3. The extent to which a proposed map amendment will affect adjacent and nearby
properties due to the change in development potential and allowed uses that do not
currently apply to the property;
4. Whether a proposed map amendment is consistent with the purposes and provisions of
any applicable overlay zoning districts which may impose additional standards; and
5. The potential impacts on the city to provide safe drinking water, storm water, and sewer
to the property and other properties based on the additional development potential of
future development including any impact that may result in exceeding existing or planned
capacities that may be located further away from the subject property.
6. The status of existing transportation facilities, any planned changes to the transportation
facilities, and the impact that the proposed amendment may have on the city’s ability,
need, and timing of future transportation improvements.
7. The proximity of necessary amenities such as parks, open space, schools, fresh food,
entertainment, cultural facilities, and the ability of current and future residents to access
these amenities without having to rely on a personal vehicle.
8. The potential impacts to public safety resources created by the increase in development
potential that may result from the proposed amendment.
23
9. The potential for displacement of people who reside in any housing that is within the
boundary of the proposed amendment and the plan offered by the petitioner to mitigate
displacement.
10. The potential for displacement of any business that is located within the boundary of the
proposed amendment and the plan offered by the petitioner to mitigate displacement.
11. The community benefits that would result from the proposed map amendment, as
identified in 21A.50.050.C.
C. Community Benefit. Each petition for a zoning amendment that is initiated by a private
property owner shall identify a community benefit(s) provided by the proposal that would not
otherwise be provided without the amendment as provided for in this section.
1. The proposed community benefit(s) shall be within any of the following categories:
a. Providing housing that aligns with the current or future needs of the community
as determined by the general plan. Needs could include the level of affordability
in excess of the number of dwellings that exist on the site, size in terms of number
of bedrooms, or availability of housing for purchase;
b. Providing commercial space for local businesses or charitable organizations;
c. Providing a dedication of public open space;
d. Providing a dedication or other legal form of protection from future development
of land that is adjacent to a river, creek, wetland, floodplain, wildlife habitat, or
natural lands;
e. Preserving historic structures;
f. Expanding public infrastructure that expands capacity for future development.
2. The proposed community benefit may be evaluated based on the following, if applicable:
a. For proposals that are intended to increase the housing supply, the level of
affordability of the additional density that may be allowed if the proposal were to
be adopted;
b. The percentage of space allocated to commercial use compared to the total ground
floor area that could be developed on the site;
c. The size of the public open space compared to the total developable area of the
lot, exclusive of setbacks, required landscaped yards, and any open space
requirement of the proposed zoning district;
d. The relative size and environmental value of any land that is to be dedicated;
e. The historic significance of the structures proposed to be preserved;
f. The amount of development that could be accommodated due to the increase in
public infrastructure capacity compared to the general need for the area;
g. The input received related to the community benefit during the 45-day
engagement period;
h. Policies in the general plan that support the proposed community benefit.
3. The community benefit shall be subject to public input as part of the required 45-day
public input period.
24
4. The planning commission may make a recommendation to the city council regarding
accepting the proposed public benefit.
5. The city council has final authority regarding requiring a public benefit. The city council
may accept the proposed public benefit, modify the benefit, require a different public
benefit, or waive the public benefit based on the merits of the proposal.
6. Any future development where a public benefit is required shall be subject to a
development agreement to ensure that the agreed upon public benefit is provided prior to
a certificate of occupancy being issued for any building within the future development.
7. A violation of the development agreement that includes not providing the agreed to
public benefit shall require the property owner to pay a fine that is equal to the fair
market value of the public benefit in the development agreement plus the fines identified
in 21A.20.040.
D. Displaced Tenants Resulting from Demolition of Housing: If a proposed amendment
submitted by a property owner includes the likely demolition of any dwelling, the city
council may require the petitioner to provide relocation assistance for the current tenant(s), or
a replacement dwelling as required by this section for each demolished dwelling within a
future development.
1. This subsection may be applied by the city council when a proposal for a property owner
initiated zoning map amendment is likely to result in an existing housing unit being
demolished due to the increase in development rights that may result from the proposed
amendment.
2. For the purpose of this section, any term that is used in the singular shall be interpreted to
include the plural of the term.
3. A petitioner may not terminate a lease or evict a tenant for the purpose of evading the
obligation to provide tenant relocation assistance and other requirements set forth in this
section.
4. Tenant Relocation Assistance: When a petition is likely to result in the demolition of a
dwelling unit, the property owner may be required to provide the tenant with relocation
assistance to supplement the costs of leasing a comparable replacement dwelling. The
rental relocation assistance includes the following:
a. Moving expenses based on a reasonable estimate provided by the tenant, up to a
maximum of $1,500.
b. Application fees for the replacement housing.
c. The deposit that the displaced tenant would have to pay to secure replacement
housing.
d. Monthly Rental Assistance Payment. The rental assistance payment is based on
the difference, if any, between the cost of the monthly rent of the demolished
housing and a comparable unit. The rental payment total amount paid shall not be
more than $7,200.
e. If the property owner relocates the displaced tenant into an existing unit that is
owned by the applicant within Salt Lake City at the same rental rate the displaced
tenant was paying and without an additional applicant fee or deposit, then
paragraphs b, c, and d do not apply.
25
f. Any and all payments should be received by the tenant 24 hours in advance of
leaving the unit to be demolished.
g. Tenant Relocation Assistance Exemptions: If the project is receiving identified
federal funds and subject to the Uniform Relocation Assistance (URA) and Real
Property Acquisition Policies Act of 1970, as amended, 42. U.S.C 4601-4655.
The relocation assistance rules for the developer/tenant under that act will govern
and the Tenant Relocation Assistance outlined in this section will not apply. The
developer shall inform the city if they are subject to URA and details of assistance
to be provided. Tenants who receive tenant relocation assistance from this section
are not eligible to receive relocation benefits from the city.
E. Demolished Unit Replacement. The future development may be required to replace the
demolished housing unit within the new development. The replacement housing unit shall
have the same number of bedrooms. In addition, the applicant shall propose one of the
options listed in this section. The city council has the authority to waive or modify this
requirement.
1. The replacement unit shall be rented at the same amount as the demolished unit with no
more than a 3% annual increase on the rental rate for a period of 20 years.
2. The applicant may propose a payment to the city in lieu of the rental restriction on the
new unit to go toward the city’s housing fund to offset the loss of affordable housing. The
payment shall be equal to the monthly rent of the unit prior to demolition multiplied by
the number of months between the time the unit is vacated prior to demolition until a
certificate of occupancy for the replacement dwelling is issued.
F. If a housing unit is demolished or neglected to the point of being uninhabitable at any time
during the five years prior to a petition for a zoning amendment being submitted or is placed
on the city’s boarded building inventory, the city council may require this section to apply to
tenants that were displaced by the demolition or require the tenant relocation amount to be
paid to the city for the purpose of other tenant relocation assistance.
21A.50.055: CONSIDERATION OF AMENDMENTS APPLYING THE HOMELESS
RESOURCE CENTER OVERLAY ZONING DISTRICT.
A. Applicability. Any proposal to consider a petition that involves a zoning map amendment to
apply the Homeless Resource Center Overlay District shall be subject to the additional
requirements of this section in addition to any other requirement of this title.
B. Additional Submittal Requirements. In addition to the application requirements of this
chapter, the following information shall be provided by the person submitting a zoning
amendment petition that includes applying the Homeless Resource Center Overlay District.
1. Development plans meeting the requirements of Chapter 21A.58 and the following
additional detail:
26
a. The plans shall include all labels for the function of each room or space, both
indoor and outdoor, proposed for the facility.
b. All information that demonstrates compliance with the requirements in Section
21A.36.350.
2. The maximum total human occupancy the proposed facility is intended to serve.
3. A detailed list of all the anticipated supportive services to be offered on the property,
including a description of each service, where the service will be on the property and the
square footage of the area designated for each service.
4. Any anticipated funding requests made to the city to operate the facility.
C. Information Provided by the City. After a complete application has been submitted to apply
this overlay to property within the boundaries of the city, applicable city departments shall
provide the planning division with the following information within 30 days:
1. Information regarding the impact to the police department which may include any data
that demonstrates the services to existing homeless resources centers located in the city,
the estimated cost of providing service by the police department to existing homeless
resource centers and the impact that a new homeless resource center has on the ability of
the police department to provide services to other parts of the city.
2. Information regarding the impact to the fire department which may include any data that
demonstrates the services to existing homeless resources centers located in the city and
the estimated cost of providing service by the fire department to existing homeless
resource centers and the impact that a new homeless resource center has on the ability of
the fire department to provide services to other parts of the city.
3. Information regarding the number of civil enforcement cases associated with existing
homeless resource centers, including the types of complaints, and the estimated impact to
civil enforcement workloads and ability to provide services to other parts of the city.
4. Information regarding accessibility of the site and its impact on public services.
5. The city provides an updated website to provide any and all city departments to contact
for various complaints such as graffiti, encampment clean up, enforcement issues, and
any other identified city service that may address impacts on the neighborhood from
homeless resource centers.
6. Data provided by the State Homeless Management Information System and the SL
Valley Coalition to end homelessness regarding similar uses in Salt Lake County,
including the total number of facilities, the total number of people who use the facilities,
the number of individuals served with overnight tenancy in each facility, the average
percentage of occupancy of the facilities, and the number of nights per year that the other
facilities are at capacity to the extent that the information is available.
7. Data regarding the total number of beds available to people experiencing homelessness
and the estimated number of people currently experiencing homelessness to the extent
that the information is available.
D. Additional Factors to Consider: In making a decision regarding a petition to map the
Homeless Resource Center Overlay District, the planning commission and city council shall
27
consider the following factors, in addition to those factors identified elsewhere in Chapter
21A.50:
1. The anticipated benefits to people experiencing homelessness provided by the facility in
the proposed location.
2. The proximity of support services that benefit people who may use the facility and the
ability of people to access services from the proposed location. If services are not within
walking distance of the proposed facility, consideration of a transportation plan
connecting support services to the facility.
3. The ratio of homeless related services provided in Salt Lake City compared to other
jurisdictions in Salt Lake County.
4. The anticipated impact to city services, including fire, police, and any other city
department that would be involved in providing services to the facility and the impact, if
any, to the city providing services in other parts of the city.
5. The proximity is at least a mile from other homeless resource centers.
6. The effectiveness of the security and operations plan provided by the petitioner to address
impacts created by the homeless resource center.
7. Equity between different neighborhoods in providing homeless resource centers and other
locations of impactful land uses. High impact land uses are those land uses that produce
higher levels of pollution than the permitted uses in the underlying zone, land uses that
attract crime or produce public nuisances, and land uses that are located by a government
entity or authorized by a government entity and that are not subject to the land use
regulations of the city.
8. Demonstrated compliance with the requirements of Section 21A.36.350.
21A.50.060: LIMITATION ON AMENDMENTS:
A. No petition for an amendment to this title shall be considered by the city council or the
planning commission within one year of the withdrawal by the applicant or final decision of
the city council upon a prior application covering substantially the same subject or
substantially the same property except as provided in this section. This determination shall be
made by the zoning administrator upon receipt of an application pursuant to
Section 21A.50.030. This provision shall not restrict the mayor, the city council or the
planning commission from proposing any text amendment or change in the boundaries of any
of the districts in this title at any time.
B. If the petitioner chooses to modify a petition after the planning commission has made a
recommendation, the petitioner may withdraw the application and submit a new application,
including the required fee, and start a new process as required by this chapter.
C. A modification to a petition that increases the density or development potential in
relationship to the original proposal prior to the planning commission recommendation shall
start the public engagement process over.
28
D. A petition that is denied by the city council may not be resubmitted for a period of one year
from the date of the decision to deny the petition unless the petition proposes a more
restrictive zoning district.
E. A petition for a text amendment that is denied by the city council shall not be resubmitted for
a period of three years from the date of denial if the petition is substantially the same as the
petition that was denied.
F. A petition that is withdrawn for reasons other than those listed in this section and before the
first public hearing is held shall be closed with no action. Once a petition is closed after it is
withdrawn, it cannot be reopened, and a new application will be required.
21A.50.065: DEVELOPMENT AGREEMENTS.
A. The city council may consider applying requirements through an appropriate legal agreement
with a petition for a zoning amendment when the city council determines that such an
agreement is necessary to increase the benefit of the proposed zoning amendment and/or to
address potential impacts to city services, surrounding land uses, public safety, and the health
of current and future residents, business owners, and visitors to the city. The agreement may
modify any applicable requirement of this title provided the modification was proposed to
and considered by the planning commission as required for any zoning amendment.
Agreements that constrain the development potential or land uses of the subject property
compared to what is authorized in the proposed zoning district are not required to be
reviewed by the planning commission prior to consideration of the agreement.
B. The petitioner shall enter into a development agreement with the city if the city council
requires any or all of the following: community benefit(s), tenant relocation assistance. The
development agreement shall include the following information.
1. The details of the public benefit, relocation assistance, timeline for replacement of
demolished units, fee payment requirements or installments, or any other requirement of
the city council in sufficient detail to ensure that the requirements of the development
agreement can be administered and enforced for the life of the agreement.
2. Direction regarding how the development agreement will be enforced, including
necessary notice of any violation, a timeframe for curing the violation, penalties for any
violation that may be assessed if the violation is not cured, and any other necessary
provisions to ensure that the agreement is followed.
C. The timeframe that the development agreement shall be effective and a provision that
automatically terminates the development agreement after the timeframe expires.
D. The development agreement shall be recorded on the title of the property with the Salt Lake
County Recorder as well as on the title of any other property that is part of the property
community benefit, tenant relocation assistance, or other requirement imposed by the city
council.
29
21A.50.070: APPEAL OF DECISION:
Any party adversely affected by the decision of the City Council may, within thirty (30) days
after such decision, file an appeal to the District Court pursuant to the Municipal Land Use
Development and Management Act, section 10-9a-801, of the Utah Code Annotated.
SECTION 5. Effective Date. That this ordinance shall become effective on the date of its
first publication.
Passed by the City Council of Salt Lake City, Utah this ___ day of ____________ 202__.
______________________________________
CHAIRPERSON
ATTEST AND COUNTERSIGN:
_________________________
CITY RECORDER
Transmitted to Mayor on ____________________________.
Mayor’s Action: _________ Approved. ____________ Vetoed.
_______________________________________
MAYOR
_________________________
CITY RECORDER
(SEAL)
Bill No. _______ of 202___.
Published: __________________
Ordinance enacting community benefit policy of Thriving in Place
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:___________________________
By: ____________________________
Katherine D. Pasker, Senior City Attorney
December 1, 2023