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077 of 1983 - Amendment of Chapter 11, Title 51 - Airport Zoning and Height regulations by amending sections 51-11 I�- / P 83-430 MICROFiUMED SALT LAKE CITY ORDINANCE Bill No. 77 of 1983 (Airport Regulations ) AN ORDINANCE AMENDING CHAPTER 11 OF TIM- E 51 OF THE REVISED ORDINANCES OF SALT LAKE CITY, UTAH, 1965, AS AMENDED, RELATING TO AIRPORT ZONING AND HEIGHT REGULATIONS BY AMENDING SECTIONS 51-11 -1 (PURPOSE) , 51-11-3 (DEFINITION) , 51-11-4 (AIRPORT ZONES ) AND 51-1 1-19 (RESTRICTION ZONES) ; AND BY ADDING SECTIONS 51-1 1- 19A, 51 -11-19B, 51 -11-19C RELATING TO AIRPORT RESTRICTION ZONES, INCOMPATIBLE USE AND AVIGATION EASEMENT. WHEREAS, Petition No. 400-31 by the Salt Lake City Airport Authority requests approval of the Airport Land Use Policy Plan, and its proposals to establish restriction zones and require new construction to provide sound attenuation to reduce the effect on occupants of structures within the higher noise levels associated with aircraft activity in the restriction zones and to require avigation easements to memorialize the City's existing prescriptive air rights for the Salt Lake City International Airport. After recommendation from the Planning Commission, the City Council of Salt Lake City, Utah has held public hearings before its own body to consider adopting said Plan and the legislative proposals required to accomplish the objectives of that Plan. The Council has taken into consideration citizen testimony, professional opinions, and other data regarding the impact of the regulations designed to reduce incompatible uses in the restriction zones and memorialize the Airport 's existing prescriptive easements over land which is primarily undeveloped but experiencing development pressures; and WHEREAS, the Airport 's continued operation is essential to the community and people developing and occupying land do so with full knowledge and subordination to the natural impacts of its continued use. The City is not willing to take legislative action that will encourage increased development without protecting the Airport, it' s activities and projected expansion from claims of nuisance. Based on the foregoing, the City Council finds it appropriate and does hereby adopt the Airport 's Land Use Policy Plan as part of its comprehensive master plan, together with the proposed changes in the zoning ordinance as necessary and proper for the safe operation of the Salt Lake City International Airport; and WHEREFORE, the City Council of Salt Lake City, Utah, hereby adopts the following amendments to the Airport Zoning and height regulations in Chapter 11 of Title 51 . NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Section 51-11-1 of the Revised Ordinances of Salt Lake City, Utah, 1965 as amended, relating to the purpose of said Airport zoning regulations be, and the same hereby is amended to read as follows : -2- Sec. 51-11-1 . Purpose. It is hereby determined that an airport hazard endangers the lives and property of users of the Salt Lake City International Airport, and the health, safety and welfare of property or occupants of land in its vicinity, and also, if of the obstruction type, or of the incompatible use types in effect reduces the size of the area available for landing , take-off and maneuvering of aircraft, thus tending to destroy or impair the utility of the Salt Lake City International Airport and the public investment therein. Accordingly, it is hereby declared: ( a) (b) (c ) SECTION 2. That Sections 51-11-3 and 51-11-4 of the Revised Ordinances of Salt Lake City, 1965, as amended, relating to definitions and identification of airport zones cited in the Salt Lake City International Airport zoning ordinance, be, and the same hereby are amended by adding Section 51-11-3 subsections (q) , (r) and (s) relating to definitions of "incompatible use" "air circulation systems" and "sound attenuation" , and by adding airport restriction zones to said Section 51 -11-4 which shall read as follows : Sec. 51-11-3 . Definitions. In this chapter the following terms, phrases, words and their derivations shall have the meanings as hereinafter defined : -3- ( a) "Airport" (b) * * * (q) "Incompatible use" shall mean any structure or use of land which because it exposes residents or occupants in the vicinity of airports to aircraft noise, constitutes an airport hazard. (r) "Air circulation system" shall mean any method of cooling and heating an area with all windows and/or doors closed or with evaporative coolers and/or similar devices. ( s) "Sound attenuation" shall mean special construction methods or materials supplementing general building code requirements that are designed or have the affect of insulating interior spaces from exterior noise or sound to lower decibel levels. Sound attenuation requirements of Sections 51 -11 -19A, et seq. , must be demonstrated and satisfied on building plans, pursuant to the requirements of Chapter 18 of Title 5 of these ordinances before they can be approved by the Building official . Sec. 51-11-4. Airport zones. In order to carry out the provisions of this ordinance, there are hereby created and established certain zones which include all of the land lying within the approach zones, transitional. zones, horizontal zones, conical zones, and airport restriction zones. Such zones are shown on the Airport Zoning Map on file in the office of the City Planning and Zoning Commission, as the same appears as of the -4- effective date of this amending ordinance, and as hereinafter amended from time to time hereinafter updated to reflect the updating changes made thereon by ordinances adopted by the City Council . Said Map and all references, notations and other information shown thereon are hereby made a part of this chapter and incorporated by reference to the same extent as if said Map and the information thereon were fully described and set forth herein. SECTION 3. That Section 51-11-19 of the Revised Ordinances of Salt Lake City, Utah, 1965 as amended, relating to the superiority of the most restrictive limitation in the event of a conflict of zones, be, and the same is amended by adding Sections 51-11-19A, 51-11-19B and 51-11-19C relating to the Airport restriction zones, which shall read as follows : Sec . 51-11-19. Most restrictive limitation prevails. An area located in more than one (1 ) zone shall conform to the regulations of the zone with the more restrictive regulation or limitation. Sec. 51-11-19A. Airport restriction zone. Airport restriction zones as reflected on Figure 3-1 of the Airport ' s Land Use Policy Plan, which shall be reflected in the Zoning Map, are hereby established as follows: ( a) Airport restriction zone "A" is that area exposed to the most severe levels of aircraft noise. -5- (b) Airport restriction zone "B" is that area exposed to severe levels of aircraft noise. ( c) Airport restriction zone "C" is that area exposed to moderate levels of aircraft noise. Sec. 51-11-19B. Airport restriction zones - incompatible uses. Except as provided for in this chapter, no structure or use of land shall be erected , altered , or utilized in any airport restriction zone so as to create an incompatible use as herein- after established for such zones. To avoid the enlargement of existing non-conforming uses, hereby defined as incompatible, compliance with these provisions will be required for the entire structure when changes of use occur. Where structures, other than single or two-family dwellings, are remodeled or altered , only the area involved in the work must comply. The requirements of sound attenuation to various levels set forth below, are found in chapter 18 of title 5 of these ordinances, but are incorporated herein by reference. (a) Airport restriction zone "A". The following uses are incompatible in this zone and are prohibited : ( 1 ) Residential uses. ( 2 ) Commercial uses except those constructed with air circulation systems and at least 25 db =of sound attenuation. ( 3 ) Institutional uses such as schools , hospitals, churches and resthomes. -6- ( 4 ) Hotels and motels, except those constructed with air circulation systems and at least 30 db of sound attenua- tion in sleeping areas and at least 25 db of sound attenua- tion elsewhere. (b ) Airport restriction zone "B" . The following uses are incompatible in this zone and are prohibited: ( 1 ) Residential uses except residences in agricultural zones with air circulation systems and at least 25 db of sound attenuation. (2 ) Institutional uses such as schools, hospitals, churches and resthomes, except those constructed with air circulation systems and at least 25 db of sound attenuation. ( 3 ) Hotels and motels except those constructed with air circulation systems, and at least 25 db of sound attenuation, in sleeping areas. (c ) Airport restriction zone "C" . The foll.owina uses are incompatible uses in this zone and are prohibited: ( 1 ) Residential uses except those constructed with air circulation systems. ( 2 ) Mobile homes except those constructed with air circulation systems and at least 20 db of sound attenuation. ( 3 ) Institutional uses such as schools, hospitals, churches and resthomes except those constructed with air circulation systems. -7- Sec. 51-11-19C. Airport restriction zones. Avigation easement. Any development on land located within Airport restriction zones A, B or C, requires the acknowledgment of the existing prescriptive avigation easement. Such easement is the memorialization by dedication of an avigation easement by the owners, both legal and equitable, of the property to be developed . A prototype of the avigation easement shall be on file with the City Recorder. For purposes of this action, development requiring the easement is defined as the subdivision of land (defined under Title 42 ) and/or the new construction of buildings or improvements upon vacant land , excepting only: ( 1 ) new construction which is proposed on improved and subdivided property where plats therefore were approved and filed of record prior to September 13 , 1983, the date of conceptual approval following public hearing ; and ( 2 ) remodeling of or additions to existing structures on improved and subdivided lots, provided no change of use is involved. The requirement of an avigation ease- ment is separate and apart from the various sound attenuation requirements that may be imposed on construction in various zones. SECTION 4 . This ordinance shall take effect upon its first publication. Passed by the City Council of Salt Lake City, Utah, this 8th day of December , 1983 . -8- CHA-LIRM ATTEST: ✓ JCITY RECORDER Transmitted to Mayor on December 8, 1983 Mayor's Action: 12/8/83 MAYOR ATTEST: TY RECORDER cm82 (SEAL) BILL 77 of 1983 Published: December 19, 1983 -9- r Affidavit of Publication STATE OF UTAH, ss. County of Salt Lake SALT LAKE CITY oRDiNANcI:—— Ciery�l Gierlo f sinNo.naRDI - ................................................................................ .-r. )) AN ORDIN CE�A ED G CHAPTER 11 OF TITLE 51 OF THE R pORDI E OTFp SpALT KE I.tY UTAH. 1965.,A8, . I�D T RELA I END,RG T If�G AND HEIG E ULA 1OW BY q�e N E 1 N 51-114 AN( w�9 5i;&1gg-T3•R(DEF1 TION r i-rt,:f 1yRItQRT� VG Being first duly sworn, deposes and says that he is legal R 11 'Sl-11ES �N1 LA IN¢TO ICI�PtOG advertising clerk of the DESERET NEWS, a daily '�NI A ), LE Ua� d4Nv Tt. N tl Al (except Sunday) newspaper printed in the English alCrf - •Fai�eyant language with general circulation in Utah, and fish ,ibrto, r airs new published in Salt Lake City, Salt Lake Count in the �•t�' �Ound r«k,a�etrecr on: y, '(Nest reawflhiltitlN• (plgldvuhpaeociated p Y� ever, In»e n018N alswt ro r ulre avl- State of Utah. 'g `tSl memorializee�cAlporerriWNe sl ita:ga t Laket of eCC(i 1 t �y,.A rec- $aIf nYtbh t Uiah hesFileld io i i ' - Ci its wou „to ����i�����ona If has That the Iegal notice of which a copy is attached hereto a Ions data dl `tom i t o ie►ewiaatlaa tleeI a 't "A�9 dRatatt U;MR�IV4 ion.:onos avid over land �a _ , 1e,,,a dyer lam It Lake City Oxdina.nce Bi11 No. 77 of 1983 . ely.fiB tlM ri�y,'.brtdeve. .. .' tew>aI, '• no rkveiowrt i and. , RE )nie Al rNs;imt1puo aoaFation Is essential to i 1q,W p�e developing and oocupylnq low do to Airpoxt Regulation I.Culawledtae a subordination,to,)he net lra impacts of it`s lisa:T}w i ndf tvllll'ny to take Iepls�ative adlan t Page ine eed deKakrartwnf w,lnwut proteegrr��the A `acnvlt arks pro ved experobn�ffr�om dair)s of nl)isa rl d an bf lol CI s LriO WaPalkyan Of 1Wsivee reader plan,together with the pro- niches.In, olydtname as"nsaesssry•sn�proper s.� open'atia,a�f 1he.Sq�Y Lake CIN.Irltarnaflena)Airvorl� ............................................................................................................... arkR ` t�F REFORE,the City Council of Solt Lik0 City,Utah,two b1T- the toe lq a mannls to the,Airport-Zoning and r V-of TINe'$1., u� Ir „ 1�1yy .............................................. S CTION i.7lwt s&tlort`si t a e ReVI •COr Cwnle s of T U be 1M. Salt ' C I sad Ordinances of Sal Lake City,' tah,Nkt s to the purpose of follows:, the same hereby is was published in said newspaper on......................................... nded to read ha7Awd endanger lghe lives and property health,mined that an airport sa_. Airport zoning raga flora'be; Cl"n Sec.51-11-1.Purpose.It is hereby defer hazard endangers the lives and the eal of users of Ilw Salt re of ......e C ??t?.�r...�.9.'... safety and welfare of S� . .......................... prop ,Or occupants of land in Its vicity,and also if of the obsirudion type,or of the Incompatible use types in ei/ect reduc- es the size of the area available for larding,take.o}f and maneu- verW of aircraft,thus tending to destroy or Ing t the utility of the,Salt Lake City International AAirport and Mw public invest• ...................................................... .. .... m atein.Aaadingly,ItIsterebydedared: LegXAArtisin rk ((b)... W8 CTION 2.That SeecCtlons 51.11.3 and 51-11.4 of the pRevised nit o s and Identification tificatkion of airport az zones Cited'In Medial Salt Lake herYetri e nati n l Airport zoning seardiin'"`°51., be, and the h same "e me this ................................9tk........................................... day of (r) and (s) relating tO definftiaa of"i patlble use" "air circulation syysstems' aid sound atteragfin", and by adding airport restriction zones to sold Section 51.114 which Shen read ...A.D. 19...84 I as follows: Sec.51-11-3.Definitions.In this chapter the following terms, phrases, worer eds ed their derlvatlom shall have the meanings as (a)"AirparN'•"' 4b)... 3 v\.X.............. ..................•................... Notary Public My Commission Expires QcQTiex.. .�...:1986................... ADM-35A To)'Yn4o taRGa uw'WII moon am strwhNs or ua of i ISM whitll eaOlr It:o,aaaa rMldem,W omasatls In the vlCim ih dalr�Ma ro errant naia,orelitdsa an a4owt M:ard. Irq lr)'Atr cVMeannNsalrryonaaavMattY'alaNl span am rteRnd of wirsp. t�llngW eoolers' e�slmlw ant/d dooracloW or �M(aa')/aF"erSounN Menuellon"shall Insen specIal canalruWm mainda or maerleh 8addetllbdtro lkrerel bulldan code ra- °I lremada Mpr ero desroned or tpva 1M effect of Ines afald IMe- aoacea born exrtesnukr rolwlaor noun to wne!aoclna ass., ce.E.-a»0 aC1Mao�ahalad Of on W1 0 Title saWMotwl p law w~w4"I ro' a rMeaayuusowoved W rlw Biilldlnc ONklegl~o ard4unca .A•11-a Alroat wlw.Ir ardn Mom w11M provF Non N rids o"n""',Mara ire herebY aW W and eaaMINMd cerfalh,cerla VMkh YICh10e all of nit land IYInY wiMM N1a ao- woKh aosw,lramn+otW aar1N, Menial Homes, of Mh1as, erWaieorr Evil. ores.StKh mrs aro m Mp Am aerhZOAing Meo on tint In ann oflin of I�hs GW he~.dilft eltl d Misr.Wk& srw a pro. tW f— tllMY,aaW tans MrNnreMryaarr uodeled to rsllac'ft films iro dssnasl nitla MMreon by ormoltca adopted by the CHY Couoi1.Said MAMsa�and all ndatlau WW oflef InlorrrialMn moan Wlmferweriecelaxla l as IlauidMeo aMIMMmalr j lion Hereon vefeMlwdewlbedandsel term MrNn. ' 1 6CTION 1 ThN sadbn S1-11-19 d Me Rea dralterlw N SaM-Ea.CITY,Utah,lM aof which amwlgd,rNefinp Mol1eM"Is l le 9lCelowselmaiMlvnaaddM'%�.�ala��.i4ra BBC.S1-11.19.Most restrictive IImNeMan a evalla A.ant 1o4kd In more Man aro(1)zone NNI mld9rrrl to Mp rea 4= zadydtthe XOM wMMhfsshe rw=`i hmto orrrolmrf Icrbn MYhI; lWl11,01. l FlweflMM to"Is MA7mIrosMaoo era trMY'.. es (a}AUpwT reatlRbn are"A"IS opt area exeoad to fle rnalPwvaro leal4 d alraeN note. vai6�lg)yeh d atr Mltroctionia asp„g„Is thin area"POW ro as, (c)Airopi resVlpion wIe"C"Is that see exlesed to snob eratelMlad elrcleM role. Sac.S1;1",196.Airwrt rgtrk9Mn awes-IrxbrNetlbM uses. Except as MovNW fer N Mk f,ro Nrwfuro er ua d lame Ns11hu user�wL�elMrediKwnWyllslMzed Inuas was herN�Ma�R mrrryaaf�Tpoy dU�eniys=Ibken�N�ro� xnM Nee orMlsl WII be leWlred M Mp eldlre srrucNro, ww9rytesr�dlonea of UN O[wr.Y/11ero anKlNra,tiller Ilpn saple er tvria N MlNllnas,ere rerrmdale0 or aterod,opt,Me era. MVo74ed in Ile work muss conp�Y.The raWi/Nr1Mli d sand. 1MenUrfMon ro various MYNs M Nrlh hebv,are fgan In d= a 0l tllle 5 of IIeY adNlencas,bd ere YltLreorsMd horeM the refarortce. ( Alroort restriction core"A".The folMwlro uses are In coT IneNtlMlleluNs.1Ms zone and aro aohlNMd: 1 R 2 Con—rciai uses except Mane corshm"d with afY clrcul111,SYaems and a Mee u Is d scud att- Ins"Mlonal Islas swh as schools,hosFltaW lhurctes and ramones. (4)Nolale and np101s,ezcwh 111oae conswucrad with SSlrMarian svaterrp and 41,Mast fi db d sound amen uetton on elosewtrre. no areas end Mad 25 db d sand= on cc11 e�IMerro ,Iama.a°I11blMa:Mlbwlno use are err (1)I�RteWatM1 u9es except-id.—M aprie lM- al comet wIM Nr chalet:Mille erla a Mar 2S db of w�Wll42) . Ins utlsMt kMn.re lWap9�Wct p Wnos,hpads Wish .Irjh!Uldhroand acdmdd — , a1r.clrcul Nltbe svMaim,Ln0a l bs D�s�cuid ale n Ratio,In saaaap areas cemMviis MiloMro uses we In t an In restriction 3 ne and am tiro s E -air ciiallal�tbttlfts aysal uses sesseaWAN Mesa caWnu:Md win gicaaNMs�li snMrenmaand M Nasfl X db d Mtructed tth air att— riw. "(3) IrMlMiwel uaa suds a-dada,hadtNs, churdos and rsdh—axGapt Mna .clstrucad with ink clrcMHwt ayskm. gdea�ve51-11-19C.Alrpert rearldion zwei."'"n"n sawrent. Amp 9_or CI,r�eoW a°As NI"I�t drNMtMNro Iapn mms live avleahon easarrpM.kah aasenea b Me rNnorlalheMm by lion d an avMaNan aswtte14 by Me- ors,both Meal ant(, I,.-d 111a eroartY ro bin dsaloaed.A erofof We d Me aA eaenpnr fhsiI M on flit wit Ma_p6imis.1 Civ RacerMr.For defirlaI eras ft this Wb�dlVi iorl for I�M ldafl iMd Ildireef TItM a9 o she essammant Mr the new corulfuttiohl d bN ro�m hlIcavemada won voted leatqp;;Cxca and (1)new Cottshtictlort whichla paOoaBA onare mpradd l d of lead oraparry where dam".mitre were appfoval and flMd d rocc'd pflar to Saaenber 13,190t Ne dW pf CCKeplwl aeoroval faloweq olMk holing:and(x)renlodal- inn�u--oo9t er addlrbre ro exWlro atruchua on arormed bit eubdF vidad`ioM,twovlded ro dlellaa of va M Involved.Tip rlcnra mW 1bMf an avMMian aMmenf la aovW and dart tom Mp varinda,soud Ion rosWromeMs Mat msY M IrrloWad an 'tmskydMnIn varN zaps. SfiCTION 4.TM.afdlroncB ahall rite NMcf uOan Ns FlrN Fcesaed by ip.CNY Oxmil d Soft Laos City,Utan,this ant dai d.Qscarnter,19tl. 'y}� ORA NAIMRMA@N: dTFOR N ASAMSNALL UTY RRCOROER _TfamminsdroAuyof on OeaaWef B,-1%7 ••ANYM'a Mbn:OawrtAer a,19a7 gSppNN TED MAYOR( 'KAT{E{9f5��1(N MARMALL C(YC`Y'RECORC" (ppSRNFFAAu7) 1>IIIBtl:lMnber 19,IM fir