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(Enacting Section 21.16.061 providing a temporary moratorium prohibiting the issuance of any subdivision approvals, changes of use, building permits or other development approvals for certain specified developments within certain described boundaries pending the adoption of a comprehensive new zoning ordinance pursuant to Petition No. 400-94-97.)
AN ORDINANCE ENACTING SECTION 21.16.061 OF THE SALT LAKE CITY CODE PROVIDING A TEMPORARY MORATORIUM ON THE ISSUANCE OF ANY SUBDIVISION APPROVALS, CHANGES OF USE, BUILDING PERMITS OR OTHER SPECIFIED DEVELOPMENT ACTIVITIES WITHIN CERTAIN DESCRIBED BOUNDARIES PENDING THE CITY’S ADOPTION OF A COMPREHENSIVE NEW ZONING ORDINANCE.
WHEREAS, Section 10-9-404, 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, Petition No. 400-94-97, dated October 13, 1994 has been submitted by the Salt Lake City Planning Division requesting the City to adopt a comprehensive new zoning ordinance for the entire City; and
WHEREAS, this new zoning ordinance is the result of an extensive and comprehensive public hearing process; and
WHEREAS, the new zoning ordinance will further the best interests of the City specifically including:
A. Implementation of City Master Plans;
B. Reflection of existing conditions of developed areas;
C. Simplification of development standards, processes and procedures; and
WHEREAS, during the public process prior to the City Council’s adoption of the new zoning ordinance it is possible that development proposals will be submitted to the City that do not conform with the new zoning ordinance and which would, if allowed, create incompatible land uses or development characteristics which might obtain some vested rights and which would materially and adversely affect the interests of the City in adopting the new zoning ordinance; and
WHEREAS, public safety and welfare may be threatened by development not consistent with the new zoning ordinance in that such developments may have adverse impacts including increased traffic, increased demand for police services and other negative impacts which would be mitigated by the new zoning ordinance; and
WHEREAS, incompatible characteristics of possible development with those contemplated by the new zoning ordinance may have adverse effects on surrounding property values and aesthetic interests; and
WHEREAS, developments may have negative impacts of excessive height, inadequate landscaping and buffer strips, and inadequate usable open space; and
WHEREAS, the City Council finds that the City’s interests in adopting this temporary moratorium outweigh any private interests in developing under existing standards within the areas and for the purposes described in this ordinance; and
WHEREAS, the City Council finds it appropriate to allow the Planning Director during the temporary prohibition provided by this ordinance to make certain modifications on specified developments to certain building standards such as setbacks, landscape buffers and building coverage where such developments and variations would be in the best interests of the City and in compliance with the general plan and where both the use and the density of the proposed development is allowable under both the currently existing and the proposed new zoning ordinances;
Therefore, the City Council of Salt Lake City, Utah, enacts Section 21.16.061 of the Salt Lake City Code.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 21.16.061, Salt Lake City Code, be, and the same hereby is, enacted to read as follows:
21.16.061 Temporary prohibition on specified development within described boundaries pending the adoption of the City’s new zoning ordinance.
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 comprehensive new 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 specifically finds that any harm to private interests is 4 minimis and outweighed by the City’s interests in consistency in adopting the new zoning ordinance. Further, the City Council finds that no developments, the plans for which were not submitted prior to 10:45 a.m. on October 14, 1994 in full compliance with existing zoning regulations have any right to develop under those existing regulations.
C. Prohibitions. The City shall not accept, process or grant an application for any of the following, if such application is not in compliance with the Public Review Draft dated June 28, 1994 of the proposed new City Zoning Ordinance:
1. Subdivision approval;
2. Change of use;
3. Building permit or other development approval:
a. New residential construction, or residential remodeling or additions that increase the number of dwelling or boarding units;
b. Nonresidential new construction, or nonresidential remodelling or additions that increase the need for parking.
D. Boundaries of Temporary Prohibition.
1. East Downtown, Central City and East Central
Areas:
North boundary: south line of South Temple Street South boundary: north line of 900 South Street
West boundary: 200 East Street -- except for the property fronting 200 East proposed to be zoned Downtown “D—l” East boundary: west line of the University of Utah from South Temple Street to the south line to 500 South Street; thence East along the south line of 500 South Street to the west line of Guardsman Way; thence south along the west line of Guardsman Way to the north line of Sunnyside Avenue; thence westerly along the north line of Sunnyside Avenue to the northeast corner of the intersection of 800 South and 1300 East streets; thence south along the east line of 1300 East Street to the northeast corner of the intersection of 1300 East and 900 South Streets.
2. Guadeloupe/Jackson/Fairpark Area:
North boundary: south line of 600 North Street South boundary: north line of North Temple Street West boundary: Jordan River East boundary: west line of 500 West Street 3. West Salt Lake Industrial Area:
All properties currently zoned Industrial “M-3” between Redwood Road and 3200 West Street and between 2100 South and 700 South Streets
E. Modifications. If the use and density of a development which would otherwise be subject to the prohibition provisions of this section is allowable either as a permitted or conditional use under the existing ordinance and the proposed new zoning ordinance, the standards for setbacks, landscape buffers and building coverage required under the new zoning ordinance may modified, and development permitted, to standards not less than those under the existing ordinance. If the proposed use is a conditional use, the modification of such standards shall be considered as part of the conditional use process. If the proposed use is a permitted use, the Planning Director may make such modifications to these standards as the Planning Director finds to be in the best interests of the City, in compliance with any applicable adopted plans and in the spirit of the existing and new zoning ordinance.
F. Length of Prohibition. This section shall be effective until April 14, 1995 or until the effective date of the City Council’s action upon Petition No. 400-94-97, whichever is sooner.
Section 2. EFFECTIVE DATE. This ordinance shall take effect on its first publication and shall be recorded with the Salt Lake County Recorder.
Passed by the City Council of Salt Lake City, Utah, this 18th day of October, 1994.
Bill No. 94 of 1994.
Published: October 26, 1994.