058 of 2013 - Chapter 2.60, Title 21A, and others relating to community-based organizations 0 13-1
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SALT LAKE CITY ORDINANCE
No. 58 of 2013
(An ordinance amending Chapter 2.60, certain sections of Title 21A,
Sections 14.52.030.A, 18.48.350.B, 20.15.095.B, and 20.31.030.D,
and deleting Chapter 2.62 of the Salt Lake City Code
concerning recognition of community-based organizations)
An ordinance amending Chapter 2.60, certain sections of Title 21A, Sections
14.52.030.A, 18.48.350.B, 20.15.095.B, and 20.31.030.D, and deleting Chapter 2.62 of the Salt
Lake City Code pursuant to Petition No. TMTL2012-00013 concerning recognized community
organizations.
WHEREAS, the Salt Lake City Planning Commission held public hearings on November
14, 2012 and December 12, 2012 to consider a request made by Salt Lake City Mayor Ralph
Becker (Petition No. TMTI,2012-00013) to amend Chapter 2.60 (Administration and Personnel:
SLACC and Neighborhood Based Organization Recognition); Section 21A.10.010 (Zoning:
General Application and Public Hearing Procedures: General Application Procedures); Section
21A.10.020 (Zoning: General Application and Public Hearing Procedures: Public Hearing Notice
Requirements); Section 21A.16.030 (Zoning: Appeals of Administrative Decisions: Procedure);
Section 21A.54.060 (Zoning: Conditional Uses: Procedures), Section 14.52.030.A (Streets,
Sidewalks and Public Places: Disposition of City Owned Alleys: Processing Petitions:
Administrative Determination of Completeness), Section 18.48.350.B (Buildings and
Construction: Dangerous Buildings: Immediate City Demolition), Section 20.16.095.B
(Subdivisions: Preliminary Plats: Issues Only Hearing), and Section 20.31.030.D (Subdivisions:
Subdivision Amendments: General Petition Contents) of the Sall Luke City Code and deleting
Chapter 2.62 (Administration and Personnel: Recognized or Registered Organization
Notification Procedures) thereof concerning the recognition of community-based organizations;
and
WHEREAS, at its December 12, 2012 meeting, the planning commission voted to
transmit a positive recommendation to the Salt Lake City Council on said application; and
WIIEREAS, 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 text of Salt Lake City Code Chapter 2.60. That Chapter 2.60 of
the Salt Lake City Code (Administration and Personnel: SLACC and Neighborhood Based
Organization Recognition), shall be, and hereby is, amended to read as follows:
Chapter 2.60
RECOGNIZED COMMUNITY ORGANIZATIONS
2.60.010: PURPOSE
It is the policy of Salt Lake City to create a framework by which the people of the city
may effectively organize into community organizations representing a geographic area or
field of interest, and use this as one way to participate in civic affairs and improve the
livability and character of the city and its neighborhoods. Salt Lake City values the
benefits these organizations bring to the community and holds each in equal regard.
This chapter sets out the basis for city recognition of such community organizations and
the associated responsibilities and benefits.
2.60.020: DEFINITION
Community Organization: A voluntary group of individuals organized around a particular
community interest for the purpose of collectively addressing issues and interests common to
that group. A community organization is not a subsidiary of Salt Lake City government.
2.60.030: MINIMUM REQUIREMENTS
All community organizations seeking recognition pursuant to this chapter must comply
with the following:
1. Properly register as a non profit corporation in good standing with the State of Utah;
2. Adopt bylaws which include the following provisions:
a. A clear definition of membership;
b. A policy of open participation of all persons who are members of the organization;
c. A policy against discrimination;
d. Attendance to meetings is open to the general public;
e. Meetings will provide an opportunity for public input.
3. Organizations must hold at least one meeting of their membership each year.
2.60.040: REGISTRATION
A. The recorder's office shall maintain an official registration of community
organizations recognized under this ordinance (Chapter 2.60). Any community
organization meeting the requirements of Section 2.60.030 may register by filing with
the recorder's office the following:
1. Official name;
2. Boundaries where applicable;
3. The names, mailing addresses, telephone numbers and email addresses of its
current officers;
4. The name, mailing address, email address and telephone number to serve as the
recipient for official communications from the city;
5. Methods used to communicate with membership;
6. A copy of the organization's articles of incorporation and bylaws;
7. Time and place of regular meetings; and
8. Schedule for electing officers
The recorder's office shall make this information available to the public on the city
website.
B. It shall be the responsibility of the community organization to provide updated
information and any changes to the items in Section A above to the recorder's office
in a timely manner.
C. Annual renewal of registration of community organization is required. By January 31
of each year, each registered community organization must submit a request for
renewal of registration with current information required in Section A above. Failure
to submit such a request by January 31 will result in removal of the community
organization from the official registration.
2.60.050: RESPONSIBILITIES OF CITY
A. The city shall adequately educate the public on city policy, procedures, and actions.
B. Each city department shall strive to utilize best public engagement practices to
educate, engage, and receive input from the public at a level that is consistent with the
scope of impact of a proposal or project.
C. Recognized Community Organization Notification and Response: the city will send a
notice to the applicable recognized community organization chair(s) for the following
types of projects:
• City code amendments
• zoning map amendment,
• conditional use,
• planned development,
• alley vacation,
• master plan or policies to be adopted by the city council,
• master plan amendment or policy amendments to be adopted by the city
council
• demolition of contributing structures located within a local historic district
or landmark sites.
• New construction of major public facilities and structures
• Major upgrades to public facilities and structures
• Major changes to street capacity or travel modes
The recognized community organization chair(s) have 45 days to provide
comments, from the date the notice was sent. A public hearing will not be held,
nor will a final decision be made about the project within the 45 day period.
Where a project is within 600 feet of the boundaries of another recognized
community organizations district, when more than one recognized organization
has requested a presentation of the matter, when the subject property is located
west of 2200 West, or when the project is a text amendment to the city code, the
City will schedule the item for an open house and notify the public, including
those recognized community organizations who may be affected by the project or
who have specifically requested notification of the public open house.
D. The city departments shall develop policies and procedures to show how they will
provide notice and early participation opportunities for pending major city actions.
These include but are not limited to public meetings, development projects, planning
activities, grant and funding opportunities, which may have a significant impact on
the membership of a registered community organization. Notice shall be given to
affected community based organizations in a timely manner, including information on
the timeframe for a response.
E. The recorder's office shall notify each registered community organization of pending
requirement for re-registration by December 31 of each year.
F. In an effort to notify the public about the existence of community based organizations
and encourage participation in these organizations, at least once a year the city shall
make a reasonable attempt to provide a list of all community based organizations and
their contact information to all residents, property owners, business owners, schools
and non-profit agencies in Salt Lake City.
2.60.060: RESPONSIBILITIES OF COMMUNITY ORGANIZATIONS
A. Renew registration with the recorder's office on an annual basis.
B. Establish orderly and democratic means for forming representative public input
through civil and respectful dialogue.
C. Establish and follow a clear method for reporting to the city actions which accurately
reflect their position. Include the means by which a recommendation or decision was
reached, how many members were involved and what the outcome was.
D. By interaction with its members, residents, and the city, foster open and respectful
communication between the community organization and representatives of city
departments on plans, proposals and activities affecting the interests of the
community organization.
2.60.070: VOLUNTEER STATUS AND PARTIAL INDEMNIFICATION
Recognized community organization members shall be considered volunteers and not
employees, officials or officers of Salt Lake City. Recognized community organizations
and their officers, trustees and directors shall be indemnified by the city pursuant to the
Utah governmental immunities act in any civil action which may arise from
determinations and recommendations made within the scope of performance of their
duties under this chapter. This defense and indemnification obligation on behalf of the
city shall be limited to only those determinations and recommendations and shall not
extend to any physical activities of the community organization or its members. These
provisions shall not be deemed a waiver of any claim for immunity from suit on behalf of
the volunteer.
SECTION 2. Amending text of Salt Lake City Code Chapter 2.62. That Chapter 2.62 of
the Salt Lake City Code (Administration and Personnel: Recognized or Registered Organization
Notification Procedures), shall be, and hereby is, deleted in its entirety.
SECTION 3. Amending text of Salt Lake City Code Section 21 A.10.010. That Section
21A.10.010 of the Salt Lake City Code (Zoning: General Application and Public Hearing
Procedures: General Application Procedures), shall be, and hereby is, amended to read as
follows:
21A.10.010: GENERAL APPLICATION PROCEDURES:
All applications required by the provisions of this title shall be processed in accordance
with the following procedures:
A. Determination of Completeness of Application: After receipt of an application, the
zoning administrator shall determine whether the application is complete. If the
zoning administrator determines that the application is not complete, the zoning
administrator shall notify the applicant in writing, specifying the deficiencies of the
application, including any additional information which must be supplied and
advising the applicant that no further action will be taken by the city on the
application until the deficiencies are corrected.
B. Notification to recognized community organizations shall be provided, where
applicable, as set forth in section 2.60.050 of this code.
C. Remedy of Deficiencies: If the applicant fails to correct the specified deficiencies
within thirty (30) days of the notification of deficiency, the application for
development approval shall be deemed withdrawn and will be returned to the
applicant. Application fees shall not be refunded.
D. Extensions of Time: The zoning administrator, upon written request, may, for good
cause shown and without any notice or hearing, grant extensions of any time limit
imposed on an applicant or permittee by this title. An extension of time may also be
granted by any body acting pursuant to this title unless this title expressly provides
otherwise. The total period of time granted by such extension or extensions shall not
exceed twice the length of the original period.
E. Fees: The application shall be accompanied by all the 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 section 21A.10.020 of
this chapter, in accordance with the fee schedule, including costs of mailing,
preparation of mailing labels and all other costs relating to notification.
SECTION 4. Amending text of Salt Lake City Code Section 21A.10.020. That Section
21A.10.020 of the Salt Lake City Code (Zoning: General Application and Public Hearing
Procedures: Public Hearing Notice Requirements), shall be, and hereby is, amended to read as
follows:
21A.10.020: PUBLIC HEARING NOTICE REQUIREMENTS:
Providing all of the information necessary for notice of all public hearings required under
this title shall be the responsibility of the applicant and shall be in the form established by
the zoning administrator and subject to the approval of the zoning administrator pursuant
to the standards of this section.
A. Public Ilearing Required: Projects requiring a public hearing as required by this title
shall be held after the following public notification:
1. Mailing for Public Hearing: Notice by first class mail shall be provided:
a. A minimum of twelve (12) calendar days in advance of the public hearing;
b. To all owners and ten ants of the land as shown on the Salt Lake City
geographic information system records. Mailing labels shall be generated by
the city at the time of application submittal and created using the Salt Lake
City geographic information system records unless as stated otherwise in this
title. A list of parties entitled to notice pursuant to chapter 21A.56 of this title
shall be provided by the applicant with the application; and
c. Within three hundred feet (300') from the periphery of land subject to the
application, inclusive of streets and rights of way, or one thousand feet
(1,000') of the periphery of the land subject to application for sexually
oriented businesses requiring conditional site plan review pursuant to chapter
21A.36 of this title.
2. Notification to Recognized Organizations: The city shall give e-mail notification,
or other form of notification chosen by the planning director, a minimum of
twelve (12) calendar days in advance of the public hearing to any organization
which is entitled to receive notice pursuant to title 2, chapter 2.60 of this code
3. Contents of Mailing Notice for Public Hearing: The first class mailing notice for
any public hearing required pursuant to this title shall generally describe the
subject matter of the application and the date, time and place of the public
hearing, and the place where such application may be inspected by the public. The
notice shall also advise that interested parties may appear at the public hearing
and be heard with respect to the application.
4. Posting for Public Ilearing: The land subject to an application for a public hearing
shall be posted by the city with a sign giving notice of the public hearing,
providing the date of the hearing including contact information for more
information, at least ten (10) calendar days in advance of the public hearing.
a. Location: One notice shall be posted for each five hundred feet (500') of
frontage, or portion thereof, along a public street. At least one sign shall be
posted on each public street. The sign(s) shall be located on the property
subject to the request or petition and shall be set back no more than twenty
five feet (25') from the front property line and shall be visible from the street.
Where the land does not have frontage on a public street, signs shall be
erected on the nearest street right of way with an attached notation indicating
generally the direction and distance to the land subject to the application.
b. Removal: If the sign is removed through no fault of the applicant before the
hearing, such removal shall not be deemed a failure to comply with the
standards, or be grounds to challenge the validity of any decision made on the
application.
c. Exemption: This posting requirement shall not apply to applications for
amendments involving an H historic preservation overlay district, applications
for an administrative certificate of appropriateness or applications for
comprehensive rezonings of areas involving multiple parcels of land,
including boundaries of a historic district, or for text amendments to this title.
5. Publication: As required by state law, at least twelve (12) calendar days in
advance of the first public hearing for an application for an amendment to the text
of this title or other processes as required by state law, the city shall publish a
notice of such public hearing in a newspaper of general circulation in Salt Lake
City.
B. Special Noticing Requirements for Administrative Approvals:
1. Conditional Building and Site Design Review: The planning commission shall
consider requests for conditional building and site design review at a public
hearing if there is an expression of interest after providing notice as follows:
a. Notification: The City shall provide written notice by first class mail a
minimum of twelve (12) calendar days in advance of the requested action to
all owners of the land and tenants subject to the application, as shown on the
Salt Lake City geographic information system records, adjacent to and
contiguous with the land subject to the application. Recognized organizations
are also entitled to receive notice pursuant to title 2, chapter 2.60 of this code
by e-mail or other form chosen by the planning director.
At the end of the twelve (12) calendar day notice period, if there are requests
for a public hearing, the planning commission will schedule a public hearing
and consider the issue; if there are no requests for a public hearing, the
planning director may decide the issue administratively.
2. Determination of Noncontributing Status Within an II Historic Preservation
Overlay District: Prior to the approval of an administrative decision for a
certificate of appropriateness for demolition of a noncontributing structure, the
city shall provide written notice by first class mail a minimum of twelve (12)
calendar days of the determination of noncontributing status of the property to all
owners of the land and tenants, within eighty five feet (85') of the land subject to
the application as shown on the Salt Lake City geographic information system
records. At the end of the twelve (12) day notice period, the planning director
shall either issue a certificate of appropriateness for demolition or refer the
application to the historic landmark commission.
3. Notice of Application for Special Exceptions: Prior to the approval of an
administrative decision for special exceptions as authorized in chapter 21A.52 of
this title, the planning director shall provide written notice by first class mail a
minimum of twelve (12) days in advance of the requested action to all abutting
property owners and tenants of the land subject to the application, as shown on
the Salt Lake City geographic information system records.
a. Contents of the Mailing Notice of Application: The notice for mailing shall
generally describe the subject matter of the application, the place where such
application may be inspected by the public, the date when the planning
director will authorize a final administrative decision, and include the
procedures to appeal an administrative decision set forth in chapter 21A.16 of
this title.
SECTION 5. Amending text of Salt Lake City Code Section 21A.16.030.D.2. That
Section 21A.16.030.D.2 of the Salt Lake City Code (Zoning: Appeals of Administrative
Decisions: Procedure), shall be, and hereby is, amended to read as follows:
2. Notice of Appeals of Administrative Decisions of the Historic Landmark Commission
or Planning Commission: Appeals from a decision of the historic landmark
commission or planning commission are based on evidence in the record. Therefore,
testimony at the appeal meeting shall be limited to the appellant and the respondent.
a. Upon receipt of an appeal of a decision by the historic landmark commission or
planning commission the appeals hearing officer shall schedule a public meeting
to hear arguments by the appellant and respondent. Notification of the date, time
and place of the meeting shall be given to the appellant and respondent a
minimum of twelve (12) calendar days in advance of the meeting.
b. The cit y shall give e-mail notification, or other form of notification chosen by the
appeals hearing officer, a minimum of twelve (12) calendar days in advance of the
hearing to any organization entitled to receive notice pursuant to title 2, chapter
2.60 of this code.
SECTION 6. Amending text of Sall Lake City Code Section 21A.54.060.A. That
Section 21A.54.060.A of the Sall Lake City Code (Zoning: Conditional Uses: Procedures), shall
be, and hereby is, amended to read as follows:
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 propert y 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 add ress and legal description of the subject property;
4. The zoning classific ation, zoning district boundaries, and present use of the
subject property;
5. A complete desc ription of the proposed conditional use;
6. Site plans, as required pu rsuant to section 21A.58.060 of this title;
7. Traffi c impact analysis, where required by the city transportation division;
8. 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 21 A.10 of
this title; and
9. Other information or do cumentation the planning director may deem necessary
for proper review and analysis of a particular application. Information which may
be required under this subsection A10 shall not apply to a determination of
completeness under subsection B of this section.
SECTION 7. Amending text of Salt Lake City Code Section 14.52.030.A. That Section
14.52.030.A of the Salt Lake City Code (Streets, Sidewalks and Public Places: Disposition of
City Owned Alleys: Processing Petitions: Administrative Determination of Completeness), shall
be, and hereby is, amended to read as follows:
A. Administrative Determination of Completeness: The city administration will
determine whether or not the petition is complete according to the following
requirements:
1. The petition must bear the signatu res of no less than eighty percent (80%) of the
neighbors owning property which abuts the subject alley property;
2. The petition must identify which policy considerations discussed above support
the petition;
3. The petition must affirm that written notice has be en given to all owners of
property located in the block or blocks within which the subject alley property is
located;
4. A signed stat ement that the applicant has met with and explained the proposal to
the appropriate neighborhood organization entitled to receive notice pursuant to
Title 2, Chapter 2.60 of this code; and
5. The appropri ate city processing fee shown on the Salt Lake City consolidated fee
schedule has been paid.
SECTION 8. Amending text of Salt Lake City Code Section 18.48.350.B. That Section
18.48.350.B of the Salt Lake City Code (Buildings and Construction: Dangerous Buildings:
Immediate City Demolition), shall be, and hereby is, amended to read as follows:
B. The director of housing and neighborhood development shall make reasonable efforts
to notify the recorded property owner, all HAAB members, the historic landmark
commission staff person, the city council member and the chairperson of the
neighborhood council recognized pursuant to Title 2, Chapter 2.60 of this code in
which the property is located.
SECTION 9. Amending text of Salt Lake City Code Section 20.16.095.B. That Section
20.16.095.B of the Salt Lake City Code (Subdivisions: Preliminary Plats: Issues Only Hearing),
shall be, and hereby is, amended to read as follows:
B. Notice of the issues only hearing shall be mailed, at the subdivider's expense, to the
owners of all land abutting the proposed subdivision and the portions of any streets to
be constructed as part of the subdivision and all registered or recognized
organizations pursuant to Title 2, Chapter 2.60 of this code or its successor.
SECTION 10. Amending text of Salt Lake City Code Section 20.31.030.D. That Section
20.31.030.D of the Salt Lake City Code (Subdivisions: Subdivision Amendments: General
Petition Contents), shall be, and hereby is, amended to read as follows:
D. The name and address, on gummed mailing labels, of the following:
1. All owners, as shown in t he last county assessment rolls, of the land contained in
the entire original or previously amended subdivision plat and of all property
owners within three hundred feet (300') of the property (excluding streets) that is
the subject of the proposed plat change;
2. All owners, as shown in t he last county assessment rolls, of land within the
subdivision plat or adjacent to any street that is proposed to be closed, vacated,
altered or amended;
3. The nam e and address of the petitioner;
4. The name and address of the chairperson(s) of the affected community council(s)
of affected recognized or registered organizations pursuant to Title 2, Chapter
2.60 of this code or its successor; and
SECTION 11. 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 1st day of October
2013.
1
C ,�,IRPE'S i
ATTEST-AND COUNTERSIGN:
Y RECORDE
Transmitted to Mayor on October_2, 2013 •
Mayor's Action: Approved. Vetoed.
410 re,i
-, MAY R
. ' -' /! ..
Itsci
STY RECORDER >h° y APPROVED AS TO FORM
(SEAL) t i' fizi ' t Salt Lake City Attorneys Office
CI .V Date: (r'VRitp ) Z/t 217
Bill No. 58 of 2013. o ''••• e
Published: �pORA'i'V, By:
October 18, _2•013. Pa C.Nielson, en or City Attorney
HB_ATTY-#27796-v I 0-Ordinance_amending_community_based_organizationsprovisions.DOC