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SALT LAKE CITY ORDINANCE
No. 19 of 2000
(Enacting a temporary moratorium prohibiting
certain development activities in the Sugarhouse Area)
AN ORDINANCE ENACTING A TEMPORARY MORATORIUM PROHIBITING CERTAIN DEVELOPMENT ACTIVITIES IN THE SUGARHOUSE AREA ON CERTAIN PROPERTIES LOCATED BETWEEN 1700 SOUTH AND 2100 SOUTH, AND BETWEEN 900 EAST AND 1100 EAST.
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 proposed zoning amendments for certain properties located in the Sugarhouse Area, pursuant to Petition No. 400-00-14; 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, site and building design, pedestrian orientation, landscaping and other vital City interests, which constitute a compelling, countervailing public interest and justify 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.
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 Ordinance within the boundaries specified in this Ordinance while the City conducts a public process to review and evaluate the desirability of enacting a zoning amendment for certain Properties located in the Sugarhouse area, pursuant to Petition No. 400-00-14, 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 interests is de minimis and outweighed by the City’s interests in reviewing and evaluating the desirability of changing the existing zoning for such properties. The City Council finds that no developments, the plans for which were not submitted prior to 5:00 p.m. on April 18, 2000, in full compliance with existing zoning regulations, and other City ordinances and requirements applicable to new construction, have any right to develop under those existing regulations. In addition, any development plan applications submitted prior to 5:00 p.m. on April 18, 2000, 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, the Housing Advisory and Appeals Board, 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. During the period of this Ordinance the City shall not accept, process or grant an application for any subdivision approval, change of use, demolition, building permit, conditional use, planned development or other development approval for new construction, remodeling or additions, unless such application complies with the standards and procedures of the new zoning proposed for such property on the map attached hereto.
D. Boundaries of Temporary Prohibition. The moratorium imposed by this ordinance shall apply to the properties in the Sugarhouse area identified on the map attached hereto.
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 the proposed zoning amendments for the properties identified in Petition No. 400-00-14, 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 18th day of April, 2000.
Bill No. 19 of 2000.
Published: April 20, 2000.