014 of 2012 - Amending portions of Section 21A.54 concerning conditional uses 0 12-1
P 12-1
SALT LAKE CITY ORDINANCE
No. 14 of 2012
(An ordinance amending portions of Chapter 21 A.54
of the Salt Lake City Code concerning conditional uses)
An ordinance amending portions of Chapter 21 A.54 (Zoning: Conditional Uses) of the
Salt Lake City Code pursuant to Petition No. PLNPCM2009-00174 pertaining to conditional
uses.
WHEREAS, the Salt Lake City Planning Commission("Planning Commission") held a
public hearing on November 18, 2009 to consider a request made by the Salt Lake City Council
("City Council") (petition no. PLNPCM2009-00174) to amend certain portions of Chapter
21A.54 of the Salt Lake City Code to ensure consistency with state law provisions, to clarify the
intent of certain provisions, and to adjust standards for conditional use approval; and
WHEREAS, at its November 18, 2009 hearing, the Planning Commission voted to
transmit a positive recommendation to the City Council on said application; and
WHEREAS, after a public hearing on this matter the City Council has determined that
the following ordinance is in the City's best interest.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending text of Salt Lake City Code Section 21A.54.010. Section
21A.54.010 of the Salt Lake City Code (Conditional Uses: Purpose Statement), shall be, and
hereby is, amended to read as follows:
21A.54.010: PURPOSE STATEMENT:
A. A conditional use is a land use which, because of its unique
characteristics or potential impact on the municipality, surrounding neighbors or
adjacent land uses, may not be compatible or may be compatible only if certain
conditions are required that mitigate or eliminate the negative impacts.
Conditional uses are allowed unless appropriate conditions cannot be applied
which, in the judgment of the Planning Commission, or administrative hearing
officer, would mitigate adverse impacts that may arise by introducing a
conditional use on the particular site.
B. Approval of a conditional use requires review of its location, design,
configuration, and impact to determine the desirability of allowing it on a site.
Whether the use is appropriate requires weighing of public need and benefit
against the local impact, taking into account the applicant's proposals to mitigate
adverse impacts through site planning, development techniques, and public
improvements.
SECTION 2. Amending text of Salt Lake City Code Section 21A.54.020. Section
21A.54.020 of the Salt Lake City Code (Conditional Uses: Authority), shall be, and hereby is,
amended to read as follows:
21A.54.020: AUTHORITY:
The Planning Commission, or in the case of administrative conditional
uses, the Planning Director or designee, may, in accordance with the procedures
and standards set out in this chapter and other regulations applicable to the district
in which the property is located, approve uses listed as conditional uses in the
tables of permitted and conditional uses of this title for each category of zoning
district or districts.
SECTION 3. Amending text of Salt Lake City Code Section 21A.54.030. Section
21A.54.030 of the Salt Lake City Code (Conditional Uses: Categories), shall be, and hereby is,
amended to read as follows:
21A.54.030: CATEGORIES OF CONDITIONAL USES:
Conditional uses shall consist of the following categories of uses:
A. Conditional use applications considered and decided by the Planning
Director or designee as an administrative conditional use pursuant to Section
21A.54.155 of this chapter.
B. All other conditional use applications which shall be considered and
decided by the Planning Commission.
2
SECTION 4. Amending text of Salt Lake City Code Section 21A.54.040. Section
21A.54.040 of the Salt Lake City Code (Conditional Uses: Site Plan Review), shall be, and
hereby is, deleted.
SECTION 5. Amending text of Salt Lake City Code Section 21A.54.050. Section
21A.54.050 of the Salt Lake City Code (Conditional Uses: Initiation), shall be, and hereby is,
amended to read as follows:
21A.54.050: INITIATION:
An application for a conditional use may be filed with the Planning
Director by the owner of the subject property or by an authorized agent.
SECTION 6. Amending text of Salt Lake City Code Section 21A.54.060. Section
21A.54.060 of the Salt Lake City Code (Conditional Uses: Procedures), shall be, and hereby is,
amended to read as follows:
21A.54.060: PROCEDURES:
A. Application: A complete application shall contain at least the following
information submitted by the applicant, unless certain information is determined by the
Planning Director to be inapplicable or unnecessary to appropriately evaluate the
application:
1. The applicant's name, address, telephone number, and interest in the
property;
2. The property owner's name, address, and telephone number, if different
than the applicant, and the property owner's signed consent to the filing of the
application;
3. The street address and legal description of the subject property;
4. The zoning classification, zoning district boundaries, and present use of
the subject property;
5. A complete description of the proposed conditional use;
6. Site plans, as required pursuant to Section 21A.58.060 of this title;
3
7. Traffic impact analysis, where required by the City Transportation
Division;
8. A signed statement that the applicant has met with and explained the
proposed conditional use to the appropriate neighborhood organization entitled to
receive notice pursuant to Title 2, Chapter 2.62 of this code;
9. Mailing labels and a fee to cover postage for all persons required to be
notified of the public hearing on the proposed conditional use pursuant to Chapter
21A.10 of this title; and
10. Other information or documentation the Planning Director may deem
necessary for proper review and analysis of a particular application. Information
which may be required under this Subsection 10 shall not apply to a determination
of completeness under Subsection B of this section.
B. Determination of Completeness: Upon receipt of an application for a
conditional use, the Planning Director shall make a determination of completeness of the
application pursuant to Section 21A.10.010 of this title.
C. Fees: The application for a conditional use shall be accompanied by the fee
established on the Salt Lake City Consolidated Fee Schedule.
D. Staff Report: Once the Planning Director has determined that the application is
complete, a staff report evaluating the conditional use application shall be prepared by the
planning division and forwarded to the applicant and the Planning Commission, or, in the
case of administrative conditional uses,the Planning Director or designee.
E. Public Hearing: The Planning Commission, or, in the case of administrative
conditional uses, the Planning Director or designee shall schedule and hold a public
hearing on the proposed conditional use in accordance with the standards and procedures
for conduct of the public hearing set forth in Chapter 21A.10 of this title. (See Section
21A.54.155 of this chapter for additional procedures for public hearings in connection
with administrative conditional uses).
F. Notice of Applications for Additional Approvals: Whenever, in connection
with the application for a conditional use approval, the applicant is requesting other types
of approvals, as required by this title, all required notices shall include reference to the
request for the conditional use as well as for_all other applicable approvals.
G. Planning Commission and Planning Director or Designee Action: At the
conclusion of the public hearing, the Planning Commission, or, in the case of
administrative conditional uses, the Planning Director or designee shall either:
1. Approve the conditional use;
4
2. Approve the conditional use subject to specific modifications; or
3. Deny the conditional use.
SECTION 7. Amending text of Salt Lake City Code Section 21A.54.070. Section
21A.54.070 of the Salt Lake City Code (Conditional Uses: Sequence of Approval for both a
Conditional Use and a Variance), shall be, and hereby is, amended to read as follows:
21A.54.070: SEQUENCE OF APPROVAL OF APPLICATIONS FOR BOTH A
CONDITIONAL USE AND A VARIANCE:
Whenever the applicant indicates pursuant to Subsection 21A.54.060A9 of this chapter
that a variance will be necessary in connection with the proposed conditional use (other than a
planned development), the applicant shall at the time of filing the application for a conditional
use, file an application for a variance with the appeals hearing officer.
A. Combined Review: Upon the filing of a combined application for a conditional use
and a variance, at the initiation of the planning commission or the appeals hearing officer, the
commission and the officer may hold a joint session to consider the conditional use and the
variance applications simultaneously.
B. Actions by Planning Commission and Appeals Hearing Officer: Regardless of
whether the planning commission and appeals hearing officer conduct their respective
reviews in a combined session or separately, the appeals hearing officer shall not take any
action on the application for a variance until the planning commission shall first act to
recommend approval or disapproval of the application for the conditional use.
SECTION 8. Amending text of Salt Lake City Code Section 21A.54.080. Section
21A.54.080 of the Salt Lake City Code (Standards for Conditional Uses), shall be, and hereby is,
amended to read as follows:
21A.54.080: STANDARDS FOR CONDITIONAL USES:
A conditional use shall be approved if reasonable conditions are proposed,
or can be imposed, to mitigate the reasonably anticipated detrimental effects of
the proposed use in accordance with applicable standards set forth in this section.
If the reasonably anticipated detrimental effects of a proposed conditional use
cannot be substantially mitigated by the proposal or the imposition of reasonable
conditions to achieve compliance with applicable standards, the conditional use
shall be denied.
5
A. Approval Standards: A conditional use shall be approved unless the
Planning Commission, or in the case of administrative conditional uses, the
Planning Director or designee, concludes that the following standards cannot be
met:
1. The use complies with applicable provisions of this title;
2. The use is compatible, or with conditions of approval can be
made compatible, with surrounding uses;
3. The use is consistent with applicable adopted City planning
policies, documents, and master plans; and
4. The anticipated detrimental effects of a proposed use can be
mitigated by the imposition of reasonable conditions.
B. Detrimental Effects Determination: In analyzing the anticipated
detrimental effects of a proposed use, the Planning Commission, or in the case of
administrative conditional uses, the Planning Director or designee, shall
determine compliance with each of the following:
1. This title specifically authorizes the use where it is located:
2. The use is consistent with applicable policies set forth in
adopted citywide, community, and small area master plans and future land
use maps;
3. The use is well-suited to the character of the site, and adjacent
uses as shown by an analysis of the intensity, size, and scale of the use
compared to existing uses in the surrounding area;
4. The mass, scale, style, design, and architectural detailing of the
surrounding structures as they relate to the proposed have been
considered;
5. Access points and driveways are designed to minimize grading
of natural topography, direct vehicular traffic onto major streets, and not
impede traffic flows;
6. The internal circulation system is designed to mitigate adverse
impacts on adjacent property from motorized, non-motorized, and
pedestrian traffic;
7. The site is designed to enable access and circulation for
pedestrian and bicycles;
6
8. Access to the site does not unreasonably impact the service level
of any abutting or adjacent street;
9. The location and design of off-street parking complies with
applicable standards of this code;
10. Utility capacity is sufficient to support the use at normal
service levels;
11. The use is appropriately screened, buffered, or separated from
adjoining dissimilar uses to mitigate potential use conflicts;
12. The use meets City sustainability plans, does not significantly
impact the quality of surrounding air and water, encroach into a river or
stream, or introduce any hazard or environmental damage to any adjacent
property, including cigarette smoke;
13. The hours of operation and delivery of the use are compatible
with surrounding uses;
14. Signs and lighting are compatible with, and do not negatively
impact surrounding uses; and
15. The proposed use does not undermine preservation of historic
resources and structures.
C. The Planning Commission, or in the case of administrative conditional
uses, the Planning Director or the director's designee, may impose on a
conditional use any conditions necessary to address the foregoing factors which
may include, but are not limited to:
1. Conditions on the scope of the use; its character, location, hours
and methods of operation, architecture, signage, construction, landscaping,
access, loading and parking, sanitation, drainage and utilities, fencing and
screening, and setbacks; and
2. Conditions needed to mitigate any natural hazards; assure public
safety; address environmental impacts; and mitigate dust, fumes, smoke,
odor, noise, vibrations; chemicals, toxins, pathogens, gases, heat, light,
and radiation.
D. Denial of Conditional Use: A proposed conditional use shall be denied
if:
1. The proposed use is unlawful; or
7
2. The reasonably anticipated detrimental effects of the proposed
conditional use cannot be substantially mitigated as proposed in the
conditional use application or by the imposition of reasonable conditions
to achieve compliance with applicable standards set forth in this section.
E. Notice of Decision: The Planning Commission, or in the case of
administrative conditional uses, the Planning Director or designee, shall provide
written notice of the decision, including all conditions imposed, to the applicant
and local community council within ten (10) days of the final action. If the
conditional use is approved, this notice shall be recorded against the property by
the City Recorder.
SECTION 9. Amending text of Salt Lake City Code Section 21A.54.090. Section
21A.54.090 of the Salt Lake City Code (Conditional Uses: Violations/Revocation), shall be, and
hereby is, amended to read as follows:
21A.54.090: CONDITIONAL USE REVOCATION:
A. Conditions of Revocation: The holder of a conditional use shall be
responsible for the operation of the use in conformance with the ordinances of the
City. Any conditional use approved by the City may be suspended or revoked by
the Mayor or the Planning Commission, upon a finding by the Mayor or the
Planning Commission of a violation of any of the following with respect to the
holder of the use or its operator or agent:
1. A change in the conditional use approval made without
authorization or an amendment; or
2. Noncompliance with the conditions prescribed upon approval of
the conditional use or with representations by the applicant as to the nature
of the conditional use to be conducted; or
3. Operation of the conditional use in a manner that creates a
nuisance for neighboring persons or property.
B. Written notice of a decision to suspend or revoke the conditional use
shall be sent to the holder of the conditional use and posted on the Planning
Division web site unless an appeal is filed. If an existing business license is
associated with the use, action to suspend or revoke such license shall be
undertaken as provided in Chapter 5.02 of this code.
8
SECTION 10. Amending text of Salt Lake City Code Section 21A.54.100. Section
21A.54.100 of the Salt Lake City Code (Conditional Uses: No Presumption of Approval), shall
be, and hereby is, amended to read as follows:
21A.54.100: NO PRESUMPTION OF APPROVAL:
The listing of a conditional use in any table of permitted and conditional
uses found in this title does not constitute an assurance or presumption that such
conditional use will be approved. Rather, each proposed conditional use shall be
evaluated on an individual basis, in relation to its compliance with the standards
and factors set forth in this chapter and with the standards for the zoning district
in which it is located, in order to determine whether the conditional use is
appropriate at a particular location.
SECTION 11. Amending text of Salt Lake City Code Section 21A.54.130. Section
21A.54.130 of the Salt Lake City Code (Conditional Use Related to the Land), shall be, and
hereby is, amended to read as follows:
21A.54.130: CONDITIONAL USE RELATED TO THE LAND:
A conditional use is transferable with the title to the underlying property
so that an applicant may convey or assign an approved use without losing the
approval. The applicant may not transfer the use from the property for which the
approval was granted. If the applicant changes the use on the property, the
existing conditional use shall be deemed a voluntary termination thereof.
SECTION 12. Amending text of Salt Lake City Code Section 21A.54.135. Section
21A.54.135 of the Salt Lake City Code (Alterations or Modifications to a Conditional Use), shall
be, and hereby is, amended to read as follows:
21A.54.135: ALTERATIONS OR MODIFICATIONS TO A
CONDITIONAL USE:
A. Nonconforming Conditional Use: Any modification to a legally
nonconforming land use listed as a conditional use under current zoning
regulations shall be approved subject to the provisions of this chapter if the floor
area increases by more than twenty-five percent (25%) of the gross floor area, or
one thousand (1,000) gross square feet, whichever is less and/or the parking
requirement increases as required by this title.
9
B. Administrative Review: A modification to an existing legal conditional
use that increases the floor area by less than twenty-five percent (25%) of the
gross floor area or one thousand (1,000) gross square feet, whichever is less may
be approved by the Planning Director without a public hearing.
C. New Conditional Use Review Required: A modification to an existing
legal conditional use that increases the floor area by more than twenty-five
percent (25%) of the gross floor area or one thousand (1,000) gross square feet,
whichever is less, shall be reviewed as a new conditional use pursuant to the
requirements and standards of this chapter.
SECTION 13. Amending text of Salt Lake City Code Section 21A.54.140. Section
21A.54.140 of the Salt Luke City Code (Conditional Use Approvals and Planned Developments),
shall be, and hereby is, amended to read as follows:
21A.54.140: CONDITIONAL USE APPROVALS AND PLANNED
DEVELOPMENTS:
When a development is proposed as a planned development pursuant to
the procedures in Chapter 21A.55 of this title and also includes an application for
conditional use approval, the Planning Commission shall consider the planned
development application and the conditional use application together. If a new
conditional use is proposed after a planned development has been approved
pursuant to Chapter 21A.55 of this title, the proposed conditional use shall be
reviewed and approved, approved with conditions, approved with modifications,
or denied under the standards set forth in Section 21A.54.080 of this chapter.
SECTION 14. Amending text of Salt Lake City Code Section 21A.54.155. Section
21A.54.155 of the Salt Lake City Code (Administrative Consideration of Conditional Use
Approvals), shall be, and hereby is, amended to read as follows:
21A.54.155: ADMINISTRATIVELY APPROVED CONDITIONAL USES:
A. Purpose: The purpose of this section is to establish an administrative
hearing process for certain categories of low impact conditional uses as
authorized by Subsection 21A.54.030B of this chapter.
B. Administrative Review: Conditional uses that are authorized to be
reviewed administratively are:
10
1. Applications for low power wireless telecommunication
facilities that are listed as conditional uses in Subsection 21A.40.090E of
this title;
2. Public/private utility buildings and structures in residential and
nonresidential zoning districts that are listed as conditional uses;
3. Any conditional use identified in the tables of permitted and
conditional uses for each zoning district, except those uses that:
a. Are located within a residential zoning district;
b. Abut a residential zoning district or residential use; or
c. Require planned development approval.
C. Approval Standards: Administrative conditional use applications shall
be subject to the standards set forth in Section 21A.54.080 of this chapter.
D. Notice: Notice of a proposed conditional use shall be given pursuant to
Subsection 21A.10.020B of this title.
E. Administrative Hearing:
1. At the administrative hearing, the Planning Director or designee
may decline to hear or decide the request and forward the application for
Planning Commission consideration if it is determined that there is
neighborhood opposition, if the applicant has failed to adequately address
the conditional use standards, or for any other reason at the discretion of
the Planning Director or designee.
2. If the Planning Director or designee conducts the administrative
hearing, after consideration of information received from the applicant and
concerned residents, the Planning Director or designee may approve,
approve with conditions, or deny the conditional use request in accordance
with the standards for conditional uses listed in Section 21A.54.080 of this
chapter and any specific standards listed in this title that regulate the
particular use.
SECTION 15. Enacting text of Salt Lake City Code Section 21A.54.156. Section
21A.54.156 of the Salt Lake City Code (Conditional Uses: Appeal of Administrative Decision),
shall be, and hereby is, enacted to read as follows:
21A.54.156: APPEAL OF ADMINISTRATIVE DECISION:
11
Any person adversely affected by a decision made by the Planning
Director or designee at an administrative hearing may appeal that decision to the
Salt Lake City Planning Commission by filing notice of an appeal within ten (10)
days after the date of the written administrative decision. The notice of appeal
shall specify, in detail, the reason(s) for the appeal. Reasons for the appeal shall
be based upon a procedural error, non-compliance with the standards for
conditional uses listed in Section 21A.54.080 of this chapter, or any specific
standards listed in this title that regulate the particular use.
SECTION 16. Effective Date. This ordinance shall become effective on the date of its
first publication.
Passed by the City Council of Salt Lake City, Utah, this 27 day of March
2012.
r
111,172/161VIrAdfL7 44411C"---
CHAIRPERSON
TEST AND COUNTERSIGN:
Y CO
Transmitted to Mayor on March 29, 2012 •
Mayor's Action: X Approved. Vetoed.
MA O'
CITY RECORDER
12
',{r
--:/.,'?' ebit V.-•:;:\
rttr--* I
\ ' ripi,:i-iik,:?.: :P.2-..V-'/9
`�p��.., /.• APPROVED AS TO FORM
(SEAL) n;, r..,.,��
Date: I r A"I-#-1'`-" •')---
Bill No. 14 of 2012. By: " ' 47
__
Published: 4-3-12 .
Ordinance amending conditional use provisions(clean-as adopted 03-27-I2).doc
13