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(Enacting
moratorium prohibiting the issuance of building permits for certain specified developments within certain described blocks in the Sugarhouse area pursuant to Petition No. 400-94-108.)
AN ORDINANCE ENACTING SECTION 21.80.300, SALT LAKE CITY CODE, PROVIDING A TEMPORARY MORATORIUM PROHIBITING THE ISSUANCE OF BUILDING PERMITS FOR CERTAIN SPECIFIED DEVELOPMENTS WITHIN CERTAIN DESCRIBED BLOCKS IN THE SUGARHOUSE AREA PURSUANT TO PETITION NO. 400-94-108.
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, U.C.A., allows the city in the temporary regulation to prohibit or regulate the erection, construction, reconstruction or alteration of any building or structure; and
WHEREAS, the City is in the process of researching and writing a new zoning plan for the Sugarhouse Business District; and
WHEREAS, the City finds that allowing continuing construction, erection and changes of use on two blocks of the existing Sugarhouse business area adversely affects the City’s interests in controlling parking, traffic, compatibility of designs, pedestrian orientation, 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 it appropriate that only building permits for general repairs and remodeling which do not involve changes of uses be granted during this temporary moratorium.
NOW, THEREFORE, the City Council of Salt Lake City, Utah, hereby enacts Section 21.80.300 of the Salt Lake City Code.
BE IT ORDAINED by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 21.80.300 be, and the same hereby is, enacted to read as follows:
21.80.300 Temporary Prohibition on Construction or Erection.
A. Findings of Countervailing Interest. Pursuant to Section 10-09-404, 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 leading to the adoption of a new Sugarhouse Business District zoning ordinance 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 minimis and outweighed by the City’s interests in consistency in adopting the new Sugarhouse Business District zoning ordinance. The City Council finds that no developments, the plans for which were not submitted prior to 5:00 p.m. on October 31, 1994 in full compliance with existing zoning regulations have any right to develop under those existing regulations. Further, any development plan applications submitted prior to 5:00 p.m. on October 31, 1994, which have been disapproved by the Zoning Administrator due to incompleteness, inaccuracies or noncompliance 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 during the period of this ordinance.
C. Prohibitions. The City shall not accept, process or grant an application for any of the following:
1. Subdivision approval;
2. Change of use;
3. Building permit or other development approval:
a. New residential construction;
b. Nonresidential new construction, or nonresidential remodeling or additions that constitute a change of use or increases the need for parking.
D. Boundaries of Temporary Prohibition. Two blocks bounded by 2100 South Street, 1300 East Street, Wilmington Avenue, a portion of Highland Drive, Sugarmont Drive, and McClelland Street, as more fully illustrated on the map which is attached and incorporated as Exhibit “A”.
E. Length of. Prohibition. This section shall be effective until May 1, 1995, or until the effective date of the City Council’s action upon Petition No. 400-94-108 enacting a new Sugarhouse Business District Zoning Act, whichever is sooner.
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 1st day of November, 1994.
Bill No. 102 of 1994.
Published: November 10, 1994.