Loading...
006 of 2004 - shifting the responsibilities for Economic Development from C & ED to the Office of the Mayor 0 04-1 , . 0 04-2 SALT LAKE CITY ORDINANCE No. 6 of 2004 (Amending the Salt Lake City Code to shift the responsibilities for economic development from the Depaittiient of Community and Economic Development to the Office of the Mayor) AN ORDINANCE AMENDING THE SALT LAKE CITY CODE TO SHIFT THE RESPONSIBILITIES FOR ECONOMIC DEVELOPMENT FROM THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT TO THE OFFICE OF THE MAYOR AND MAKING OTHER RELATED CHANGES. WHEREAS, the Salt Lake City Code currently delegates the responsibilities for economic development to the Department of Community and Economic Development; and WHEREAS, after having studied this matter, the City Council has determined that it would be in the best interest of the City to shift the responsibilities of economic development from that department to the Office of the Mayor; NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Sections 2.04.010.M and N shall be and hereby are amended to read as follows: M. Economic Development; N. Performing such other duties as may be prescribed or permitted by law, including: Issuing proclamations; vetoing ordinances, tax levies and appropriations, subject to council veto override as provided by state law; and establishing job descriptions,job functions,job classifications or reclassifications and compensation therefor, within the budgeted appropriations and consistent with state law. SECTION 2. Section 2.08.050 of the Salt Lake City Code shall be and hereby is amended to read as follows: 2.08.050 Department Of Community Development: A. Functions: The department of community development shall have charge of and be responsible for: 1. Land use planning; 2. Business regulation; 3. Housing; 4. Building and housing codes; and 5. Transportation engineering. SECTION 3. Section 2.23.020.F of the Salt Lake City Code shall be and hereby is amended to read as follows: F. "Transportation director" means the person appointed by the director of the department of community development to serve as the director of the transportation division within the department of community development. SECTION 4. Section 2.62.020.B of the Salt Lake City Code shall be and hereby is amended to read as follows: B. Registered Organizations. Any other entity, organization or person may register on an annual basis with the department of community development to receive the notices specified in this chapter. SECTION 5. Section 2.76.020.E of the Salt Lake City Code shall and hereby is amended to read as follows: E. "Director" means the person appointed by the mayor to serve as the director of the department of community development. SECTION 6. Section 2.76.030 of the Salt Lake City Code shall be and hereby is amended to read as follows: There is created the Salt Lake City business advisory board, which body shall consist of eleven(11) appointed voting members and up to five (5) nonvoting members. Voting membership shall consist of residents of the city or of nonresidents who have an ownership interest in a business within the city. No more than two (2)members of the board shall be from the same profession or occupation. Other individuals,representing organizations with continuing interest and involvement in business within 2 the city may be appointed nonvoting members, including, for example,but not limited to, the Salt Lake area chamber of commerce,the downtown alliance, and the Downtown Retail Merchants Association. The director of community development or his/her designee, shall be an ex officio member of the board with no voting privileges. SECTION 7. Section 2.76.100 of the Salt Lake City Code shall be and hereby is amended to read as follows: All actions taken by the Board shall constitute recommendations to the Director, the Mayor, and the City. The Director of the Department of Community Development and/or Mayor shall have the power to review, ratify, modify or disregard any recommendation submitted by the Board, and the Mayor may refer the matter to the City Council, if appropriate. SECTION 8. Section 2.80.020.F of the Salt Lake City Code shall be and hereby is amended to read as follows: F. "Director" means the person appointed by the mayor to serve as the director of the department of community development, or its successor department. SECTION 9. Sections 18.20.220.0 and F of the Salt Lake City Code shall be and hereby are amended to read as follows: C. Waivers under five hundred dollars may be granted by the director of community development. F. The HAAB recommendation will be made to the director of community development,who shall issue the decision of the department. SECTION 10. Section 18.50.100.B.8.a.ii of the Salt Lake City Code shall be and hereby is amended to read as follows: ii. Payment plans may be created by the hearing officer. Although the hearing officer has the ultimate authority in establishing the payment schedule, the minimum payment schedule provided by the department of community development should be followed. SECTION 11. Section 18.97.020.A of the Salt Lake City Code shall be and hereby is amended to read as follows: 3 A. Housing Mitigation Plan. Any petition for a conditional use permit to authorize or expand vehicle parking in residential zones and any petition for a zoning change that would permit a nonresidential use of land, that includes within its boundaries residential dwelling units, may not be approved until a housing mitigation plan shall have been approved by the city. The housing mitigation plan shall be proposed and submitted to the city's planning director and the director of community development by the petitioner not less than twenty days prior to final action by the city on such a petition and be accompanied by a housing impact statement. SECTION 12. Section 18.97.030.0 of the Salt Lake City Code shall be and hereby is amended to read as follows: C. Fee, Where Deteriorated Housing Exists,Not Caused by Deliberate Indifference of Landowner. 1. Request by Petitioner for Flat Fee Consideration. In the event that a residential dwelling unit is targeted or proposed for demolition and is in a deteriorated state from natural causes, such as fire, earthquake or aged obsolescence that is not occasioned by the deliberate acts or omissions to act on the part of the petitioner or his predecessors in interest, which detrimental condition reduces a dwelling unit's fair market value or habitability as a residential dwelling unit, the petitioner may request an exemption from the above two methods of mitigation from the director of the city's department of community development, as provided below. 2. Required Facts of Natural Deterioration - Increase Fair Market Value of Units to be Demolished. The petitioner may submit to the director of the city's department of community development every fact known to support the proposition that the residential dwelling units were not purposely allowed to deteriorate by lack of reasonable maintenance, ordinary and prudent repairs or other acts or omissions to act. The value of the unit(s) targeted or proposed for demolition may be increased to the fair market value that the units would have, if each unit was in a state of habitability and minimally meeting applicable building codes and other applicable law, excluding land value. This enhanced value will then be applied in thus computing any housing mitigation payment provided in subsection B of this section. 3. Flat Fee Mitigation Payment. In the event that the petitioner actually and reasonably demonstrates to the city's director of community development that the costs of calculating and analyzing the various methods of mitigation are unreasonably excessive in relationship to the rough estimated costs of constitutionally permitted mitigation, the department director may recommend to the city council that a flat rate be 4 paid by the petitioner to the city's housing trust fund. This flat rate shall be a sum not in excess of three thousand dollars per dwelling unit to be demolished. The three-thousand-dollar flat fee shall be adjusted for inflation as of January 1st of each calendar year following the initial adoption of the ordinance codified in this chapter, based on the Consumer Price Index for the previous twelve months, or three percent,whichever result is less. SECTION 13. Section 18.97.040.A of the Salt Lake City Code shall be and hereby is amended to read as follows: A. Report to City Before Rezoning Hearings. The director of the department of community development shall prepare a report justifying the method of housing mitigation recommended by the director, including the factual basis upon which it is premised and a factually based justification for the recommendation. This report will be submitted to the planning and zoning commission in sufficient time for its deliberation concerning the advisability of effectuating the petitioner's request for a zoning change. The petitioner may, likewise, submit its proposal and the factual and legal justification for mitigation, if any, or why the director's recommendations are appropriate or should be modified. The commission will include in its evaluation an evaluation of the adequacy of the housing loss mitigation plan,proposed by the petitioner and that recommended by director of the department of community development. SECTION 14. The definitions of"Department" and "Director" as set forth in Section 18.98.020 of the Salt Lake City Code shall be and hereby are amended to read as follows: "Department" means the Department of Community Development of the City. "Director" means the Director of the Department of Community Development of the City. SECTION 15. Section 21A.06.70 of the Salt Lake City Code shall be and hereby is amended to read as follows: The development review team shall consist of a designated representative from all City departments and/or divisions involved in the development review/approval process, including,but not limited to, the Depai talent of Community Development, the Department of Public Services, the Police 5 Department, the Fire Department and the Department of Public Utilities, and shall be responsible for advising the Zoning Administrator in the Zoning Administrator's administration of the site plan review process pursuant to the provisions of Part V, Chapter 21A.58 of this Title. SECTION 16. Section 21A.20.110.A.2 of the Salt Lake City Code shall be and hereby is amended to read as follows: 2. Payment plans may be created by the hearing officer. Although the hearing officer has the ultimate authority in establishing the payment schedule, the minimum payment schedule provided by the department of community development should be followed. SECTION 17. Section 21A.58.050.A.1 of the Salt Lake City Code shall be and hereby is amended to read as follows: 1. Department of Community Development; SECTION 18. Section 21A.58.060.I of the Salt Lake City Code shall be and hereby amended to read as follows: I. The location and size of sanitary and storm sewers,water, gas, telephone, electric and other utility lines, culverts and other underground structures in or affecting the project, including existing and proposed facilities and easements for these facilities. In the case of City-owned utilities, such information shall be provided to the applicant by the Department of Community Development and/or Department of Public Utilities; SECTION 19. Section 21A.58.080.C.8 of the Salt Lake City Code shall be and hereby is amended to read as follows: 8. Maintenance Guarantee: When any improvement is to be accepted for dedication, maintenance or operation by the City,the applicant shall be required to provide financial security(acceptable to the City Attorney) in the amount of ten percent (10%) of the total construction costs of the project to cover the costs of any defects which may occur in such improvements within two (2) years after the date of acceptance by the City. The Director of Community Development or Director of Public Utilities or other City official shall be responsible for determining when such financial security shall be required. 6 SECTION 20. The definitions of"Building Official," "Planning official" and "Zoning administrator" as set forth in Section 21A.62.040 of the Salt Lake City Code shall be and hereby are amended to read as follows: "Building Official" means the building official of the department of community development. "Planning official"means the director of the planning division of the department of community development, or his/her designee. "Zoning administrator" means the director of the division of building services and licensing of the department of community development or such person as the zoning administrator shall designate. SECTION 21. 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 13th day of January , 2004. a4, i LV" CHAIRPERSON ATTEST: p„-„:„„7- , CHIEF DEPUTY CITECO' a ER 7 Transmitted to Mayor on January 21 , 2004 . Mayor's Action: X- Approved. Vetoed. M• • �'�CI�z l•� ATTEST: A:. ' ;' jAzwatyLe V (`)t' t:r'r rrn CHIEF DEPUTY CITY RECORDER (SEAL) <- 7—oy� A. Bill No. 6 of 2004. Published: January 31, 2004 G:\Ordinance 04\Amending Code to distinguish between responsibilities-Jan 8.2004.doc 8