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045 of 1987 - AMending chapter 14 of Title 51 Dealing with Fraternity and Sorority Housing in R-2 District ow 7-1 ZZ SALT LAKE CITY ORDINANCE No. 45 of 1987 (Amending Chapter 14 of Title 51 Dealing With Fraternity [PRINTING and Sorority Houses in a Residential "R-2" District) RECORDER'S OFFICE AN ORDINANCE AMENDING CHAPTER 14 OF TITLE 51 DEALING, INTER ALIA, WITH FRATERNITY AND SORORITY HOUSES IN RESIDENTIAL "R-2" DISTRICTS BY AMENDING SECTION 51-14-1(3) BY CHANGING THE BOUNDARY LINES AND ENACTING A NEW SECTION 6 RELATING TO THE DEFINITION OF SUPERVISION OF FRATERNITIES/SORORITIES AND ENACTING A NEW SECTION 7 RELATING TO SEVERABILITY. WHEREAS, on April 17, 1987, Petition No. 400-515-87 was submitted requesting the City Council to repeal Section 51-14-1(3) allowing, inter alia, "dormitories, fraternities or sorority houses, or boarding houses, occupied only by the faculty or students of any college or university and supervised by the authorities thereof. . ."; and WHEREAS, the City Council has held public hearings before its own body and before the Planning Commission and heard the testimony of numerous interested parties; and WHEREAS, the City Council believes the following amendments to be in the best interest of the City. Therefore, be it ordained by the City Council of Salt Lake City Utah: SECTION 1. That Section 51-14-1(3) of the Revised Ordinances of Salt Lake City, Utah., 1965, as amended, relating to Residential "R-2" District Uses be, and the same hereby is, amended as follows: Sec. 51-14-1(3). Fraternity or sorority houses occupied exclusively by the faculty or students of any college or university (together with appropriate supervisory personnel) and supervised by the authorities thereof; provided, however, that such houses shall only be established within the following boundaries: Commencing at the southeast corner of Butler Avenue and University Street said point also being the northwest corner of Lot 1 Block 4 Federal Heights Subdivision, a subdivision of the Northwest 1/4 Sec. 4, T.I.S., R.I.E. SLB&M and running north 89 degrees 58' 3" east 50 feet, thence southeasterly along a 220 foot radius curve to the right 86.34 feet to the northeast corner Lot 5 said Block 4; thence south 22 degrees 27' 30" west 146.5 feet to the center line of a 14 foot alley; thence southeasterly along a 73.5 foot radius curve to the right (along the center line of said alley) 28.51 feet; thence south 45 degrees 1' 57" east along the center line of said alley 224.48 feet to the center line of an east-west running alley; 7�/�/•�7 thence north 89 degrees 57' 30" east along the center line of said alley OK 305.56 feet more or less to the east line of Butler Avenue; thence northwesterly along a 149 foot radius curve to the left (the east line of Butler Avenue) 70.12 feet more or less to northwest corner of Lot 57 Block 3 Federal Heights Subdivision; thence north 68 degrees 12' 52" east 180 feet more or less to the center line of an existing alley; thence southeasterly along a 460.75 foot radius curve to the left (center line of said alley) 113.57 feet; thence north 10 degrees 8' 59" east 135.0 feet to the south line of Federal Way; thence easterly along 325.75 foot radius curve to the left 58.12 feet to the west line of Wolcott Street; thence north 89 degrees 58' 3" east 228.8 feet along the south line of Federal Way to the center line of an existing alley; thence south along the center line of the existing alley 325.0 feet to the north line of 100 South Street; thence west along the north line of 100 South Street 730.56 feet to the southwest corner of Lot 33 Block 4 Federal Heights Subdivision; thence north 70 degrees 46' 57" west 112.71 feet; thence northwesterly along a 38.0 foot radius curve to the right 29.72 feet to a point on the east line of University Street said point being 52.85 feet south of the northwest corner Lot 38 Block 4 Federal Heights Subdivision; thence north 0 degrees 2' 30" west 385.28 feet to the point of beginning. SECTION 2. That the following new Section 51-14-6 be enacted and added to Chapter 14 of Title 51 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended: Sec. 51-14-6. DEFINITION OF SUPERVISION. The phrase "supervised by the authorities" of the college or university, as used in Subsection 51-14-1(3) above, and as also applicable to any existing fraternity or sorority house outside the boundaries set forth above which may have a non-conforming use right, shall be defined to require the following: (1) On or before September 1 of each year, and at such other times as the Planning Director may deem such a certification appropriate, each college or university having students or faculty residing in a fraternity or sorority house shall certify to the City, by filing a declaration with the Planning Director, that the college or university has promulgated, adopted and is monitoring compliance with rules concerning fraternity or sorority houses. All rules concerning fraternity and sorority houses promulgated and adopted -2- by any college or university pursuant to this Section shall, at a minimum,require the following: a) No one under twenty-one(21)years of age shall be allowed to consume alcoholic beverages on the premises of any fraternity or sorority (the term "premises" shall include all areas owned, controlled or routinely used by the fraternity or sorority,including parking areas); b) No charge shall be levied for the purchase of alcoholic beverages consumed on the premises; c) No admission charge shall be levied at any activity on the premises of any fraternity or sorority at which alcoholic beverages are consumed; d) No funds of any fraternity or sorority shall be used to purchase alcoholic beverages and that no collection of funds shall be made by any fraternity or sorority,or any members thereof,for the purpose of purchasing alcoholic beverages to be consumed on the premises of any fraternity or sorority; e) At any activity on the premises of any fraternity or sorority where alcoholic beverages are consumed,there shall be food and alternative non-alcoholic beverages readily and visibly available for consumption; f) Except with respect to certain philanthropic activities as defined by the relevant college or university, only individuals bearing (1) a personal invitation issued in advance, (2) an admission ticket issued in advance, or (3) identification of membership in the fraternity/sorority system of the relevant college or university shall be allowed to attend any activity on the premises of a fraternity or sorority; g) At any"philanthropic"function on the premises benefiting a recognized non-profit organization sponsored by the fraternity or sorority,no alcohol may be present,sold or consumed; h) At any gathering, other than for a regularly scheduled chapter meeting or a regularly scheduled meal time, involving sixty (60) or more people on the premises of any fraternity or sorority,at which alcoholic beverages are served or consumed,the hosting fraternity/sorority shall hire uniformed Category 1 or 2 peace officers employed by the relevant college or university or the City in reasonable numbers, as may be determined by the relevant college or university, to assist in checking admission, checking identification and monitoring compliance with all applicable City and County ordinances, State laws and college or university regulations,and,furthermore,that a representative of at least thirty-five years of age from the hosting fraternity/sorority's house corporation be present at all times during such a gathering; -3- i) No activities on the premises of any fraternity or sorority shall occur before 8:00 a.m. and all activities shall close before 11:00 p.m.on all nights except Friday,Saturday and the day before any legal holiday, on which day such activities shall close by midnight,12:00 p.m. j) No band performances,amplified music or other activities shall take place outside on the premises of any fraternity or sorority between the hours of 10:00 p.m. and 9:00 a.m. and any activities taking place outside or inside the premises of any fraternity or sorority at other times shall otherwise comply with all applicable City and County ordinances,State laws,and college or university regulations; k) No public lewd, obscene, or licentious activities will be sponsored or permitted on the premises by the fraternity or sorority; 1) After any activity on the premises of any fraternity or sorority, the sponsoring entity must clean the exterior of the fraternity or sorority's property and all nearby property on which debris or garbage from the activity has been deposited by 10:00 a.m.the following morning; m) Each fraternity/sorority chapter shall have in place a risk management policy. n) The appearance and landscaping of the premises of any fraternity or sorority shall be accomplished and maintained in a manner that is harmonious with the residential character of the surrounding neighborhood. (2). Any college or university having students or faculty residing on the premises of any fraternity or sorority shall maintain a twenty-four-hour telephone line for purposes of (a) receiving complaints regarding a fraternity or sorority's failure to abide by any applicable City or County ordinances, State laws, or college or university regulations and maintaining a permanent log thereof,and(b)dispatching the appropriate enforcement officers.. (3) Nothing in this section defining supervision shall be deemed to amend or modify any penal provision(s)of county,city or state law. Any college or university having students or faculty residing on the premises of any fraternity or sorority shall provide, at its own expense or at the expense of the fraternity and sorority houses,a two-officer roving police patrol in the area occupied by the college or university's fraternities and sororities between the hours of 9:00 p.m. and 1:00 a.m. on Friday and Saturday evenings during the college or university's academic year,which patrol shall be in radio contact with the dispatcher provided for in the foregoing Subparagraph (b)and which shall,as its sole responsibility,be responsible for monitoring compliance by all such fraternities and sororities with all applicable City and County ordinances,State laws,and college or university regulations. -4- d" s SECTION 3. That the following Section 51-14-7 be enacted and added to Chapter 14 of Title 51 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended: Sec. 51-14-7. Severability. If any provision of this ordinance shall be found to be invalid for any reason, it shall be severed from the remaining portion of the ordinance which shall remain in effect. SECTION 4. This ordinance shall take effect upon its first pu blication. Passed by the City Council of Salt Lake City, Utah, this I q of July, 1987. CHAIRPER N ATTEST: CI4-CR2�2d" Transmitted to Mayor on July 15, 1987 Mayor's Action: Approved Vetoed. C � MAYOR ATTEST: CITY*4'RE �ER f � 7 BRBpp 1535a .> .��........... .. ... . ::. ...v-- (SEAL). � 11 45 pf 1987 Published: August 4, 1987 P-87-122 -5-