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077 of 1988 - Surface Use Structured Parking & Demolition Restrictions in Commercial "C-4" Districts 0 88-1 P 88-289 ' P 88-290 SALT LAKE CITY ORDINANCE No. �77 of 1988 e(Surface us , structured parking and demolition restrictions in Commercial 11C-4" Districts) AN ORDINANCE AMENDING CHAPTER 21 .64 DEALING WITH THE COMMERCIAL 11C-4" DISTRICT. WHEREAS, the City Council of Salt Lake City is concerned that buildings in the Central Downtown Commercial 11C-4" zone are being demolished and replaced with parking lots, mini-parks, plazas and similar dead spaces in the City core that detract from the vitality of the City core; and WHEREAS, the Council believes that controlling demolition of existing structures through a conditional use process for the resulting area is an appropriate mitigation strategy and is in line with the R/UDAT recommendations and the City's long-range plans for the future of the downtown area; and WHEREAS, the City Council has held hearings before its own body and before the Planning Commission concerning recommendations designed to mitigate this problem; NOW THEREFORE be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Chapter 21 .64 of the Salt Lake City Code dealing with Commercial 11C-4" Districts be, and the same hereby is, amended to read as follows: 21 . 64.010 Permitted uses and prohibited uses. All buildings and premises in the C-4 district may be used for any purpose permitted in a C-3 commercial district except the following, which are hereby prohibited or made conditional. A. Prohibited: 1 . Billboards; 2. Open storage of merchandise or equipment; 3. Any advertising sign painted or attached to benches, poles or other structures placed within the street right-of-way; B. Conditional. Landscaped lots, mini-parks, plazas, surface parking lots, structured parking lots and other similar uses not constituting enclosed space occupyable for commercial or residential uses in the district; such uses shall only be allowed conditionally, subject to the procedures and requirements set out in this chapter. 21 .64.040 Demolitions. A. It shall be unlawful to demolish or remove any building in C-4 commercial district, and no permit for such demolition or removal shall be issued, until a plan for use of the property, after demolition or removal, has been approved by the Planning Commission, except if the resulting use is a permitted use. B. If the proposed use for the property after demolition or removal is a permitted use in the district, the Planning Director shall issue the demolition permit if all conditions precedent to the issuance of such permit have been met, including: 1 . A building permit for the permitted post-demolition or removal use has been issued; 2. All other necessary permits have been issued; 3. All required pre-demolition inspections have been completed; 4. All required fees and/or bonds have been paid or posted; and 5. All other statutory or code requirements have been met. 21 .64.060. Conditional Uses. Applications for demolition or removal of existing structures in a commercial C-4 district, where the proposed resulting use is a landscaped lot , mini-park, plaza, surface level parking lot, structured parking lot or similar uses not constituting enclosed space occupyable for commercial or residential uses, shall only be allowed as a conditional use subject to the following procedures and requirements. 21 .64-070. Application. Applications for conditional uses under this Chapter shall be filed with the Planning and Zoning Commission. Such applications shall include detailed information concerning the criteria specified in Section 21 .64.090. 21 .64.080. Hearing. The Planning Commission shall hold an informal hearing on such application for a conditional use under this Chapter. 21 .64.090. Approval Criteria. The Planning and Zoning Commission may authorize the issuance of a permit for a conditional use if it finds from balancing the factors and criteria below that the proposed resulting conditional use substantially supports the desirable development pattern for the Central Business District in conformity with the City Master Plan for that district. The factors and criteria to be considered include: A. Evidence demonstrating a need for parking or pedestrian open space on the block of the proposed resulting conditional use or in the immediate vicinity thereof. B. A professionally prepared feasibility study analyzing alternative uses to the proposed conditional use. C. Evidence demonstrating that, if a building or structure to be demolished or removed has been officially designated as historical or architecturally significant, the building or structure suffers severe structural deficiencies, fails to comply with the building code and such deficiencies and violations can not be economically practicably remedied. D. Evidence that a building or structure to be demolished or removed has been properly maintained and not purposefully allowed to deteriorate to allow demolition. E. Evidence that existing businesses are not being displaced, contrary to the intention of the business to continue, for the removal or demolition of an existing building or structure. F. Evidence that a building proposed to be demolished or removed does not comply with minimum building code standards and that the cost of code compliance is economically impracticable. G. Evidence of the proposed conditional uses impact on adjoining properties. H. Facts demonstrating the compatibility of the proposed conditional use with the City's adopted long-range planning policies, master plans or private development master plans approved for the area. 21 .64.100 Design Guidelines. In reviewing the proposed conditional use the Planning Commission shall consider, in addition to any adopted master plans for the area, the following guidelines; A. Entries and exists from parking lots and structures should minimize pedestrian conflicts and center or side street entries and exists are to be preferred. B. Parking structures and lots are to be discouraged along major street frontages. Parking structures below grade or in the interior of a block are to be preferred over other parking locations. 21 .64. 110 Prohibitions. The Planning Commission shall not approve any proposed conditional use which: A. Allows access to parking from Main Street ; or B. Includes structured parking on the Main Street frontage. 21 .64. 120 Parking. A. Parking that is not separated from a street by a structure shall be required to have at least one of the following: 1 . A 15 foot landscaped setback including amenities proportionate to the degree of expected pedestrian use including trees, bushes, benches, art, statuary, fountains or similar such amenities. Main Street frontages shall have a setback of between 15 feet and 30 feet, as determined by the Planning Commission, to implement the purposes of this ordinance. 2. An architectural structure such as space frames, arcades, facades or other similar facilities of an appropriate height and scale to maintain the visual continuity of the existing buildings and structures making up the street wall; B. Parking structures occupying a designated major street frontage shall have retail or office use on the pedestrian level. C. Surface parking lots, in addition to all other requirements of this ordinance, may only be maintained as parking for four years from the date of demolition. The Planning Commission may extend the surface parking lot use for additional periods of two years, each subject to the procedures and criteria set out in this ordinance. At the expiration of the allowable period of the conditional use as a surface parking lot the property shall be landscaped. 21 .64. 130 Design Requirements. Subject to the provisions of this ordinance, if the Planning 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 the negative aesthetic, economic and planning impacts associated with such conditional use: A. A minimum of 18 square feet of landscaped area in the interior of the parking lot for each parking stall in addition to any landscaped setback area required or provided. Interior landscaping arranged to provide planting areas for trees and providing visual screening of the parking lot and canopies of shade for the parking lot. One tree, deciduous or evergreen, shall be planted for every six stalls in the parking lot. The Planning Commission may reduce the requirement for interior landscaping if the parcel is irregular in shape, the parcel size is smaller than 6,000 square feet, or if the lot is to be used for less than two years. B. Opaque masking structures or landscaping may be required to screen the views of power substations, trash receptacles, loading docks and other similar undesirable views; C. The number, size and location of curb cuts and access points to parking lots along high traffic volume streets may be adjusted, subject to the approval of the City Traffic Engineer. D. 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. 21 .64. 140 Security. Prior to issuance of a permit for demolition in the Commercial C-4, district where the resulting use is conditional, adequate financial security shall be posted in a form acceptable to the City to ensure completion of the proposed resulting conditional use. SECTION 2. This ordinance shall take effect immediately upon adoption. Passed by the City Council of Salt Lake City, Utah, this h . day of November 1988. HAIRPER80N ATTEST: APPROVED AS TO MMM Salt Lake I Attorne ' BY C Y EC R Transmit ed to the Mayor on 11-23-88 Mayor's Action: X Approved Vetoed Aff ATTEST: ma, "—A" C TY REC R Awa—� BRB:cc SEAL Bill 77 of 1988 Published: 12/9/88