Ordinance 45 of 2019

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SALT LAKE CITY ORDINANCE

No. 45 of 2019

(Amending the Table of Permitted and Conditional Uses

for Transit Station Area Districts in Section 21A.33.035

to add “Restaurant with drive-through facility” as a land use)

          An ordinance amending the Table of Permitted and Conditional Uses for Transit Station Area Districts in Section 21A.33.035 to allow “Restaurant, with drive-through facility” as use pursuant to Petition No. PLNPCM2018-00575.

            WHEREAS, on August 13, 2018, Lorrie Hendricks, representing BIKE LLC, requested to amend the land use table in Section 21A.33.035 (Table of Permitted and Conditional Uses for Transit Station Area Districts) to add “Restaurant, with drive-through facility” as a land use pursuant to Petition No. PLNPCM2018-00575; and

WHEREAS, at its December 12, 2018 hearing, the Salt Lake City Planning Commission

voted in favor of forwarding a positive recommendation to the Salt Lake City Council on said application; and

WHEREAS, the Salt Lake City Council finds, after holding a public hearing on this matter, that adopting this ordinance is in the city’s best interests.

NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:

SECTION 1. Amending the Text of Salt Lake City Code Section 21A.33.035. That Section 21A.33.035 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Transit Station Area Districts) shall be amended as follows:

a.   Adding a new use category “Restaurant, with drive-through facility.” That a new use category titled, “Restaurant, with drive-through facility” to the Table of Permitted and Conditional Uses for Transit Station Area Districts, which use category shall be inserted into that table in alphabetical order and shall read and appear in that table as follows:

b.   Adding new qualifying provisions. That two new qualifying provisions shall be added to the list of qualifying provisions to the Table of Permitted and Conditional Uses for Transit Station Area Districts, which shall be added in numerical order and shall read as follows:

13.   Drive-through windows are prohibited on any public street facing façade and automobile stacking is prohibited between public street facing façades and the adjacent public right-of-way.

14.   Subject to conformance with the provisions in section 21A.40.060 for drive-through use regulations.

SECTION 2.    Effective Date.  This ordinance shall become effective on the date of its first publication. 

Passed by the City Council of Salt Lake City, Utah, this 3^rd day of September, 2019.

Bill No. 45 of 2019.

Published: September 9, 2019.

This ordinance was transmitted to the Mayor's office on September 4, 2019 and was returned to the City Recorder’s Office September 5, 2019 intentionally unsigned by the Mayor. This provided for the ordinance to become effective upon publication without the Mayor's signature.

Pursuant to Utah State Code 10-3B-204(4) An ordinance, tax levy, or appropriation passed by the Council takes effect upon recording as provide in Chapter 3, Part 7, Municipal Ordinances, Resolutions, and Procedure, if: (b) the mayor fails to sign the ordinance, tax levy, or appropriation within 15 days after the council presents the ordinance, tax levy, or appropriation to the mayor.

City Recorder Staff proceeded with publication. The City Council Chair’s signature was obtained; however, the Mayor did not sign the ordinance.