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004 of 1989 - Amending Section 21.78.110 to Allow Conditional Charitable Uses in Closed Churches & Schools • O 89-1 O 89-4 SALT LAKE CITY ORDINANCE No. 4 of 1989 (Amending Section 21 . 78. 110 to allow conditional charitable uses in closed churches and schools) AN ORDINANCE AMENDING SECTION 21.78. 110 OF THE SALT LAKE CITY CODE DEALING WITH CONDITIONAL USES IN CLOSED CHURCHES AND SCHOOLS. WHEREAS, the City Council of Salt Lake City has heard evidence that as the City' s neighborhoods have matured, some of the institutional support facilities, such as churches and schools, may not be presently needed for those uses; and WHEREAS, as the neighborhoods evolve with the influx of new young families, these support facilities may become necessary in the future; and WHEREAS, the City Council believes it is important to preserve the church and school facilities should they be needed in the future while still retaining the essential character of the neighborhood; and WHEREAS, the City Council has held hearings before its own body and before the Planning Commission concerning recommendations designed to solve this problem; NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 21. 78. 110 of the Salt Lake City Code dealing with conditional nonschool uses of schools be, and the same hereby is amended to read as follows: -.' 21.78.110 Conditional use of temporarily closed schools and churches. A. Conditional use. As a conditional use, the Planning Commission may permit schools which have been temporarily closed, schools with reduced enrollment, or churches which have been temporarily closed due to an insufficient sized congregation to be used on a temporary basis for office space or educational purposes for public or private charities. B. Application. Applications for conditional uses under this section shall be filed with the Planning and Zoning Commission. Such application shall include detailed information concerning the criteria specified in Section F below. C. Hearing and burden of proof. The Planning Commission shall hold an informal hearing on applications for conditional uses under this section. The burden of proof shall be on the applicant to present evidence as specified below that the proposed conditional use will be in keeping with the neighborhood. The Planning Commission shall have the authority to deny the use if, in its determination, the applicant has not demonstrated that such use would be in keeping with the neighborhood, the uses authorized by the zoning code or existing in the neighborhood, or would not be in keeping with the standards set forth below. D. Notices. Prior to the informal hearing before the Planning Commission, the Planning Division shall send notices of the hearing to all property owners and others residing within six hundred feet of the proposed conditional use at least ten days in advance of the informal hearing. -2- E. Neighborhood participation. The applicant shall take reasonable steps to review the project and provide information to the local community council, neighborhood council or neighboring residents and receive their comments prior to submittal of the application to the Planning Commission. Evidence of the efforts made by the applicant to obtain neighborhood comment and evidence of neighborhood opinion or comment on the proposed conditional use shall be submitted with the conditional use application. F. Approval criteria. The Planning and Zoning Commission may authorize the issuance of a permit for the proposed conditional use if it finds from balancing the factors and criteria below that the proposed conditional use substantially supports the desirable development pattern for the area. The factors and criteria to be considered include: 1. Evidence that the proposed use at the particular location is necessary or desirable to provide a service or facility that will contribute to the general well-being of the neighborhood and community; 2. Evidence that the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; 3. Evidence of the proposed conditional use' s impact on adjoining properties; 4. Evidence that the proposed conditional use has received a favorable recommendation for parking and traffic issues from the Salt Lake City Transportation Engineer; -3- 5. Evidence of any proposed demolition of adjacent residential structures in conjunction with modifying the existing use to the proposed conditional use; 6. Evidence of the proposed use plan including: a. Hours and days of operation; b. Evidence of noise, odor or vibration emissions; c, Evidence of the number of classes, including hours taught, days taught and the expected class size; d. Average number of clients per day and the frequency of turnover of the clients; e. Number of employees, staff or volunteers, both total and expected to be on the premises at any given time; 7. Evidence that the proposed use will be in keeping with the character of the neighborhood, in that the use will not adversely affect the neighborhood' s desirability or stability or be in conflict with the City' s adopted long-range planning policies or master plans; 8. Evidence that the proposed conditional use has received a favorable recommendation from the Public Utilities Department concerning any changes in utilization of the Public Utilities facilities occasioned by the change in use; and 9 . Evidence from a traffic generation study identifying impacts on the neighborhood transportation system. G. Building plans. As part of the application, the applicant shall provide a site plan drawn to scale showing -4- w existing structures, auxiliary buildings, existing parking and landscaping, and any proposed changes to the site. In converting the existing facility to the proposed conditional use, no major exterior or interior alterations of the building shall be made which renders the building incompatible with a return to its use as a school or church. H. Prohibition. No provision of this section shall be construed to allow any use in a closed school or church for retail, residential or industrial purposes or any use involving any type of correctional or institutional facility. I. Ownership. The school board or church shall remain the owner of the property during the period of time for which the conditional use is granted and any change of ownership away from the school board or church shall immediately cause the conditional use to terminate. J. Automatic termination of use. If the school board or church group determines that no future public or religious use will be made of the building as a public school or church, the conditional use as granted under this section shall immediately cease and the property shall thereafter be used only for uses permitted in the zoning district. K. Temporary use. The conditional uses provided by this section shall be temporary only. The time of such use shall be subject to the decision of the Planning Commission based on its consideration of the criteria specified in Section G above. The Planning Commission may authorize the conditional use for a period not to exceed five years which may be renewed for additional periods not in excess of five years. -5- . r L. Termination for excess use. If the Planning Commission determines that the conditional use is being used substantially in excess of the plan for use submitted pursuant to subsection G. 6 above, the Planning Commission may, after an informal hearing, revoke the conditional use if it determines that the excess use is having a negative impact on the neighborhood. SECTION 2. This ordinance shall take effect on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this 14th day of February 1989 C PER N ATTEST: CIT REC R _ Transmitted to the Mayor on February 14, 1989 g�Mayor' s Action: IZ14189 Approved Vetoed. AAA 44 - k MAYOR ATTEST: CnY RE R ER BRB:PP ( FAL) B;!14 a 4.—of, 19 89 Rlbfis W: February 21, 1989 -6-