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SALT LAKE CITY ORDINANCE
No. 26 of 1995
((Repealing the existing Title 21 of the Salt Lake City Code and the associated zoning maps except for Chapter 21.82 and the associated zoning maps; enacting a new Title 2lA, Zoning Ordinance including Chapter 23, Signs, which is enacted as a Temporary Regulation; adopting a Zoning Fee Schedule; and terminating Legislative and Administrative Moratoriums)
AN ORDINANCE REPEALING THE EXISTING TITLE 21 OF THE SALT LAKE CITY CODE AND THE ASSOCIATED ZONING MAPS, EXCEPT FOR CHAPTER 21.82; ENACTING A NEW TITLE 21A ZONING ORDINANCE AND ASSOCIATED ZONING MAPS, INCLUDING CHAPTER 23, SIGNS, WHICH IS ENACTED AS A TEMPORARY REGULATION; ADOPTING A ZONING FEE SCHEDULE; AND TERMINATING LEGISLATIVE AND ADMINISTRATIVE MORATORIUMS.
WHEREAS, in the decades since the City last comprehensively rewrote the City’s zoning ordinance and redrew the City’s zoning maps, the City, Salt Lake County, the State of Utah and the United States have changed significantly in land-use development and land-use planning policies and practices. These changes include the following:
a. The City has more than doubled in geographic size, taking in the Northwest Quadrant and new property in the foothills and elsewhere;
b. Land which was vacant has now been developed or is presently being considered for development;
c. The City’s daytime population has dramatically increased as commuters travel from the expanded suburbs to employment in the downtown core and to the University of Utah;
d. The City’s resident population has also fluctuated and the distribution of the residential population has shifted as new areas have been developed and the character of old areas changed;
e. The types of employment and the manner and times in which such employment is performed have been altered by a calculus of factors including technology, demographics and the ever-changing world economy;
f. The areas surrounding the City have also changed in character from primarily agricultural and small communities to large suburban communities with their own commercial and employment centers;
g. The pattern of retail shopping has been impacted by the rise of regional shopping centers, strip malls, discount stores, power centers and other changes;
h. Technology, primarily advances in computers and telephony, has centralized some employment functions while, at the same time, providing telecommuting and dispersion in other ways;
i. Use of the private automobile has increased to the point where other transportation modalities such as mass transit systems, have become more necessary;
j. Educational opportunities have expanded for both the young and the old as education has become ever more essential to a functioning civil society;
k. Patterns of residential, industrial and commercial development have changed on their own in response to the inexorable and unpredictable movements and desires of developers, business people and residents; and
1. The statutory and common law rules governing planning, zoning and development have been repeatedly modified by the courts and the legislature; and
WHEREAS, over the intervening decades, the City has attempted to deal piecemeal with the changes by modifying zoning maps, amending zoning text, creating new zoning districts, changing processes for development review and altering the boundaries of districts; and
WHEREAS, in the early 1990’s, the City realized that temporary or partial fixes to the Zoning Ordinance and maps were becoming increasingly unable to meet the needs of the City; and WHEREAS, the City therefore decided to comprehensively rewrite the City’s Zoning Ordinance and remap the City’s zoning districts; and
Chronological History of ZRC
WHEREAS, the City has conducted an extensive public comment and hearing process:
a. In 1991, the City established a Zoning Rewrite Committee (“ZRC”) representing all of the various interests and areas of the City;
b. The ZRC established subcommittees to specifically review the Commercial, Industrial, Residential, Institutional, Urban Design and Staff/Interdepartment issues with extensive public representation;
c. “Concepts” for the Zoning Ordinance were circulated to the public in the fall of 1991 and the public was invited to comment on the concepts at a public forum on October 23, 1991;
d. The ZRC and subcommittees held numerous public meetings and discussed various issues, concepts, conflicts and resolutions;
e. The ZRC and Planning staff frequently briefed the Planning Commission and the City Council on all of the issues related to the rewrite;
f. Numerous drafts of portions of the proposed Ordinance were written and circulated for comment to the ZRC, subcommittees, City staff, SLACC and others;
g. On August 23, 1994, a “Public Review Draft” dated June 28, 1994 was published, circulated to the ZRC, subcommittees, the City Council, the Planning Commission and staff, and also made available for public review;
h. A “Retreat” with the City Council, Planning Commission, Board of Adjustment, Historical Landmark Committee and ZRC was held on September 10, 1994 to discuss the proposed Zoning Ordinance;
±. On September 13, 1994, an informal open house for SLACC and other community-based organizations and other was held to review the proposed Zoning Maps;
j. On September 22, 1994, an open house/Planning Commission hearing was held for the Sugar House and East Bench Planning Districts;
k. On September 29, 1994, an open house/Planning Commission hearing was held for the Avenues and Capitol Hill Planning Districts; l. On October 13, 1994, an open house/Planning Commission hearing was held for the Central Community Planning District;
m. On October 18, 1994, the City Council adopted a temporary regulation regarding the construction of new buildings as they related to the proposed Zoning Ordinance for three areas of the City;
n. On October 27, 1994, an open house/Planning Commission hearing was held for the West Salt Lake, Northwest and Northwest Quadrant Planning Districts;
o. On November 3, 1994, the Planning Commission was formally briefed on the proposed Zoning Ordinance and Zoning Maps;
p. On December 1, 1994, and continuing on to December 8, 1994, the Planning Commission held a noticed public hearing regarding the proposed Zoning Ordinance and Zoning Maps;
q. As a result of these hearings and briefings, the Planning Staff received over 1,600 comments regarding the Zoning Ordinance and Zoning Maps, and carefully considered each comment, making numerous modifications to both text and maps;
r. On approximately February 27, 1995, the City mailed notice to the owner of every parcel of land within the City, approximately 62,000 parcels with approximately 47,000 owners, advising the property owners of the intent to adopt the new Zoning Ordinance and Zoning Maps and of the schedule for public comments;
s. On March 13 and 14, 1995, the City Planning Division held two public open houses;
t. The City established a “Zoning Rewrite Project Telephone Hotline” and operated it between March 1st and March 15th to respond to citizen inquiries and comments regarding the proposed Zoning Ordinance and map, and responded to approximately 450 calls;
u. The City Council held a properly noticed public hearing on March 15, 1995, on the proposed Zoning Ordinance and Zoning Maps;
v. The draft proposed Zoning Ordinance and Zoning Maps were extensively revised to address issues raised during the entire process;
w. On Tuesday, April 4, 1995, at a properly noticed public hearing, the City Council gave final consideration to the Zoning Ordinance, the associated Zoning Maps and Fee Schedule; and Findings Re. Major Changes
WHEREAS, the City’s goals in rewriting the entire zoning ordinance and map are:
1. To implement the land use and growth management goals of the Salt Lake City Master Plans;
2. To recognize the existing development pattern of the City;
3. To simplify the development regulations and standards; and
4. To streamline the development review process; and
WHEREAS, the City desires to protect the foothills from inappropriate land use development by providing specific development densities and land uses and properly balancing private development rights with legitimate City concerns regarding slope stability, fire protection, aesthetics, traffic, drainage and flood protection; and
WHEREAS, prior environmental and sensitive land studies, which are hereby incorporated by reference, provide the basis for special regulation of the foothills to protect the environment and citizens from excessive erosion, land slides, slope instability, wild fire, aesthetic insensitivity of manmade structures, traffic, drainage and flood protection; and
WHEREAS, the City desires to protect existing low-density residential neighborhoods and promote the development of new single-family residential neighborhoods that enhance the quality of life, provide minimal traffic congestion, and provide a range of single-family housing opportunities for the population of Salt Lake City; and
WHEREAS, the historical pattern of development of the interior of ten-acre blocks require special regulation to enhance the quality of life and provide opportunity for residential development; and
WHEREAS, the City desires to provide a full range of housing density at well-planned locations to accommodate both owner- occupied and rental populations; and
WHEREAS, the City desires to implement the land use planning goals of the East Downtown Neighborhood Plan by providing an opportunity for a high-density urban residential mixed-use neighborhood that promotes residential uses and allows service, commercial and low-scale office uses that support the mixed-use residential neighborhood; and
WHEREAS, the City desires to have a full range of commercial activities at well-planned locations to serve neighborhood needs; community level needs, and regional needs; and
WHEREAS, the City desires to promote clean light industrial development to provide employment opportunities for its citizens; and
WHEREAS, the City recognizes the existing development pattern of heavy industry and encourages its continued improvement to higher environmental and aesthetic standards and recognizes its continued operation at specified locations not injurious to the City’s residents; and
WHEREAS, the City desires to continue the development of the Downtown as the unique urban center of the Capitol City of Utah which requires specific urban design standards; and
WHEREAS, the City recognizes the importance of open spaces to an urban environment and its relationship to the Wasatch Mountain Range that provide the City with a unique urban design setting; and
WHEREAS, the City recognizes the importance of preservation of historical buildings and districts of architectural and cultural significance; and
WHEREAS, the City desires to protect the operations of the Salt Lake International Airport from encroachment by inappropriate land uses; and
WHEREAS, the City desires to protect the ground water quality by restricting certain uses prone to general water pollution within acquifer recharge areas; and
WHEREAS, the City desires to provide protection, preservation, proper maintenance and use of water courses, lakes, ponds, floodplains and wetland areas; and
WHEREAS, the City desires to meet the other purposes specified in the various provisions of the Zoning Ordinance; and
WHEREAS, based upon the public process specified above, the City Council makes the following findings:
WHEREAS, the City Council hereby finds that adoption of the new Zoning Ordinance and the accompanying Zoning Maps and Zoning Fee Schedule: (a) are in the best interests of the City; and (b) meet the goals and objectives of the City, as provided in the Utah Municipal Land Use Development and Management Act; and
WHEREAS, the City Council finds it appropriate to adopt Chapter 23, Signs, of the new Title 21A, Zoning Ordinance, as a Temporary Regulation pursuant to Section 10-9-404, Utah Code Annotated, which should expire on October 14, 1995, or such earlier date as the City may enact a final Chapter 23; and WHEREAS, the City Council finds after detailed study and evidence that the fees reflected in the Zoning Fee Schedule reasonably reflect the actual costs incurred by the City in taking the actions for which a fee is charged;
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Title 21 of the Salt Lake City Code and its accompanying Zoning Maps be, and the same hereby are, repealed in their entirety, except for Chapter 21.82.
SECTION 2. New Title 2lA, dated April 4, 1995, and the accompanying zoning maps be, and the same hereby are, enacted and adopted as the City’s new Zoning Ordinance and Zoning Maps.
SECTION 3. New Title 21A, Zoning Ordinance and the new Zoning Maps amend the land use and zoning policies of all previously adopted master plans of the City. All existing adopted master plans should be construed and interpreted to conform to the new Zoning Ordinance and Zoning Maps.
SECTION 4. The sign regulations of Chapter 23, Signs, of the New Title 21A, Zoning Ordinance, are specifically adopted as “Temporary Regulations”, pursuant to Section 10-9-404, Utah Code Annotated, and their effectiveness shall expire at 12:00 midnight on October 4, 1995, or such earlier date as may be specified in any subsequent ordinance adopting the final Chapter 23, Signs.
SECTION 5. The Zoning Fee Schedule is hereby adopted.
SECTION 6. The City Attorney, following the opportunity for review and comment by the Planning Director, is hereby authorized to make technical corrections, including corrections of style, grammar and punctuation that do not make substantive or procedural changes, up to and including October 4, 1995. The City Attorney shall, thereafter, identify the changes made and certify to the Mayor that any changes made by the City Attorney do not alter substantive or procedural rights.
SECTION 7. The Zoning Ordinance, Zoning Maps and Zoning Fee Schedule shall take effect at 12:00 midnight on April 12, 1995.
The City Recorder is instructed to publish this Enacting Ordinance and to retain a copy of the new Zoning Ordinance, Zoning Maps and Zoning Fee Schedule.
SECTION 8. All Legislative and Administrative Moratoriums adopted pending the consideration of the Zoning Ordinance and Zoning Maps are hereby repealed and terminated contemporaneously with the effective date and time of the new Zoning Ordinance and Zoning Maps.
SECTION 9. EFFECTIVE DATE. This Enacting Ordinance shall take effect immediately upon the date of its being first published.
Passed by the City Council of Salt Lake City, Utah, this 4th day of April, 1995.
Bill No. 26 of 1995.
Published: April 12, 1995.