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SALT LAKE CITY ORDINANCE
No. 85 of 1999
(Enacting a temporary moratorium prohibiting certain development activities in the area of approximately 2200 West and 2200 North)
AN ORDINANCE ENACTING A TEMPORARY MORATORIUM PROHIBITING CERTAIN DEVELOPMENT ACTIVITIES IN THE AREA OF APPROXIMATELY 2200 WEST AND 2200 NORTH.
WHEREAS, Section 10-9-404 of the Utah Code Annotated allows cities, without a public hearing, to enact ordinances establishing temporary zoning regulations for any part or all of the City if the City Council makes a finding of compelling, countervailing public interest; and
WHEREAS, Section 10-9-404 of the Utah Code Annotated allows the City in the temporary regulation to prohibit or regulate the erection, construction, reconstruction or alteration of any building or structure or subdivision approval; and
WHEREAS, the City is in the process of researching and evaluating the desirability of a proposed zoning amendment for certain properties in the area of approximately 2200 West and 2200 North; and
WHEREAS, the City finds that allowing certain development activities within the area of the zoning study and evaluation adversely affects the City’s interests in controlling the density of development, traffic, compatibility of use and design, pedestrian orientation, agricultural and/or open space preservation, landscaping and other vital City interests, which constitute a compelling, countervailing public interest which justifies a temporary moratorium; and
WHEREAS, the City Council finds that the City’s interest in adopting this temporary moratorium outweighs any private interests in developing under existing standards; and
WHEREAS, the City Council finds that no development plans have any vested rights to develop under the existing ordinance; and
WHEREAS, the City finds that only building permits for general repairs and remodeling which do not involve changes of use should be granted during this temporary moratorium.
NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt Lake City, Utah:
SECTION 1. The City shall and hereby does enact the following:
Temporary Prohibition Against Certain Development Activities.
A. Findings of Countervailing Interest. Pursuant to Section 10-9-404, Utah Code Annotated, the City Council expressly finds that the adverse effects of allowing the development specified in this section within the boundaries specified in this section while the City conducts a public process to review and evaluate the desirability of enacting a zoning amendment for the area approximately 2200 West and 2200 North is not in the best interests of the City and constitutes a compelling, countervailing public interest sufficient to justify a six-month prohibition.
B. Balancing of Public versus Private Interests. The City Council further finds that any harm to private interest is minimis and outweighed by the City’s interests in reviewing and evaluating the desirability of changing the existing zoning in the area of 2200 West and 2200 North. The City Council finds that no developments, the plans for which were not submitted prior to 5:00 p.m. on October 19, 1999, in full compliance with existing zoning regulations, have any right to develop under those existing regulations. In addition, any development plan applications submitted prior to 5:00 p.m. on October 19, 1999, which have been disapproved by the Zoning Administrator due to incompleteness, inaccuracies or non-compliance, or which have not yet received the necessary approval from the Planning Commission or any other applicable City body, are specifically determined to have no vested right to develop under existing regulations and the City shall not accept any re-submittals of these disapproved applications, or proceed with any further hearings for approval of those incomplete applications, during the period of this ordinance.
C. Prohibitions. The City shall not accept, process or grant an application for any of the following:
1. Rezoning;
2. Conditional uses;
3. Subdivision approval; or
4. Change of use.
D. Boundaries of Temporary Prohibition. The moratorium imposed by this ordinance shall apply to the area which is located West of Interstate 215, East of 3400 West, North of 1900 North and South of the Salt Lake/Davis County line.
E. Length of Prohibition. This moratorium shall remain in effect for a period of six months from the effective date of this ordinance or until the effective date of the City Council’s action addressing any proposed zoning amendments for the area at approximately 2200 West and 2200 North, whichever occurs first.
SECTION 2. This ordinance shall become effective on its first publication and the City Recorder is instructed to record this ordinance with the Salt Lake County Recorder.
Passed by the City Council of Salt Lake City, Utah, this 19th day of October, 1999.
Bill No. 85 of 1999.
Published: October 27, 1999.