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059 of 1989 - Amending Section 21.78.130 Dealing with Recreational Facilities in Residential Districts O 89-1 O 89-36 P 89-93 SALT LAKE CITY ORDINANCE No. 59 of 1989 (Amending Section 21. 78. 130 Dealing with Recreational Facilities in Residential Districts Pursuant to Petition No. 400-708-89 ) AN ORDINANCE AMENDING SECTION 21.78. 130, SALT LAKE CITY CODE, DEALING WITH RECREATIONAL FACILITIES IN RESIDENTIAL DISTRICTS, PURSUANT TO PETITION NO. 400-708-89. WHEREAS,the City Council has held hearings before its own body and before the Planning and Zoning Commission and believes it appropriate to amend the provisions of Section 21 . 78. 130, Salt Lake City Code, dealing with recreational uses in residential districts as conditional uses; NOW, THEREFORE, the City Council of Salt Lake City, Utah, hereby adopts the following amendment to Section 21.78. 130 of the Salt Lake City Code. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 21 . 78. 130, Salt Lake City Code, attached hereto as Exhibit A is hereby repealed. SECTION 2. That Section 21.78. 130 is hereby reenacted to read as follows: 21.78.130 Recreational facilities in residential districts. A. Recreational facilities as conditional use. Where not otherwise authorized by this title, and when in its opinion the best interest of the community will be served thereby, the Planning and Zoning Commission may permit, as a conditional use, the use of the land in a residential district for recreational purposes, subject to the following conditions and procedures: B. Definition. "Recreational uses" , for the purpose of this section, shall be defined to mean a structure or developed open space designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities, including paths and playgrounds, tennis courts, swimming pools, golf courses and golf training facilities, nature exhibits and similar uses. "Recreational uses" shall not include commercial spa or aerobic clubs, all terrain or recreational vehicle parks, amusement parks, waterslides, skateboard parks or similar uses. C. Application. Applications for conditional uses under this section shall be filed with the Planning and Zoning Commission. Such applications shall include detailed information concerning the criteria specified in subsection E. below. The application shall also require the payment of a one hundred dollar ($100.00) processing fee which includes the cost of mailing any and all required notices. D. Notice and hearing. The Planning and Zoning Commission shall hold an informal hearing on applications for conditional uses under this section. Notice of the hearing shall be given to residents and property owners within six hundred feet of the proposed conditional use. -2- E. Approval criteria. In considering the petition for conditional use the Planning and Zoning Commission shall determine from the criteria below whether the proposed conditional use substantially supports the desirable development patternfor the area in question in conformity with the city master plan for that area. The factors and criteria to be considered include: 1. Whether the proposed recreation area is of such size and shape and so located as to not cause any undue infringement on the privacy of the abutting areas and is in keeping with the design of the neighborhood. 2. Whether the proposed facility is in keeping with the adopted master plan for the area. 3. Whether the proposed facility adversely impacts the surrounding residential neighborhood by way of such factors as lights, noise, odor, time or method of operation or other similar objectionable operating characteristic. F. Design requirements. Before the Planning and Zoning Commission may grant the proposed conditional use it must find that the following mandatory criteria have been met. 1. That the area to be used for recreational purposes is of sufficient size to accommodate all proposed facilities, together with all required off street parking sufficient to accommodate the needs of the patrons of the proposed facilities while still maintaining required landscaped thirty foot front yards, ten foot side yards and twenty five foot rear yards. -3- 2. That all drainage and water retention plans have been reviewed and approved by the Salt Lake City Engineer. 3. That all traffic impact mitigation has been reviewed and approved by the Salt Lake City Transportation Engineer. G. Additional design elements. Subject to the provisions of this section, if the Planning and Zoning Commission finds that the conditional use is appropriate for the site, the Commission may, in addition, require any or all of the design criteria specified below which are determined to be reasonably necessary to minimize any negative esthetic, economic or planning impacts associated with the conditional use: 1. An opaque masking structure or fence of a material in keeping with the character of the neighborhood to screen the proposed use from neighboring uses. 2. Such other conditions reasonably necessary to ensure compatibility of uses within the district in conformance with adopted master plans and policies and the protection of property values. H. Prohibited accessory and other uses. 1. Accessory uses on the property such as retail sales and food services shall not be permitted except as such uses have been specifically approved by the Planning and zoning Commission. Any such accessory use shall be solely for the benefit and convenience of the patrons of the proposed establishment. -4- 2 . Accessory uses for which licenses for the sale or consumption of alcohol are required shall not be permitted as part of any conditional use permitted pursuant to this section. 3 . Any use under this section involving alcohol which is, or becomes, non-conforming shall retain its non-conforming status the provisions of Sections 21 . 90 .030 or 21 . 90 . 060 notwithstanding. I . Security. Prior to the issuance of a permit to construct the conditional use, adequate financial security shall be posted in a form acceptable to the city to ensure completion of the proposed and required landscape improvements . J. Appeals. Any person aggrieved by the decision of the Planning and Zoning Commission may appeal the decision to the City Council. Appeals must be filed within fifteen days from the date of the Planning and Zoning Commission's final decision. The Council shall hold a public hearing on the appeal. Notice of the appeal and hearing shall be provided to all residents and property owners within six hundred feet of the proposed conditional use no later than seven days prior to the hearing. SECTION 3 . EFFECTIVE DATE. This ordinance shall become effective on the date of its first publication. -5- Passed by the City Council of Salt Lake City, Utah, this 12th day of September 1989 . t � C IRPERSON ATTEST: C T E ORDER nsmitted to the Mayor on September 13 1989 Mayor' s action: 9/73/R9Approved Vetoed. MAYOR ATTEST: 9 -A,& CITY /RE 015EA (SEAL) Bill No. 59 of 1989 . Published: September 21, 1989 BRB:rc -6-