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SALT LAKE CITY ORDINANCE
No. of 55 2014
(Additional credit card surcharge language included in the Salt Lake City Consolidated Fee Schedule)
An ordinance amending the Salt Lake City Consolidated Fee Schedule to further describe the circumstances in which a credit card surcharge may be imposed.
WHEREAS, the Salt Lake City Consolidated Fee Schedule is proposed to be amended as shown in the attached Exhibit “A” to further illustrate the circumstances in which a credit card surcharge may be imposed; and
WHEREAS, the Salt Lake City Council finds the proposed amendment reasonably furthers the health, safety, and general welfare of the citizens of Salt Lake City.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That the Salt Lake City Consolidated Fee Schedule shall be, and hereby is, amended in pertinent part to reflect the descriptive language set forth in the attached Exhibit “A.”
SECTION 2. That the official copy of the Salt Lake City Consolidated Fee Schedule shall be revised to include the descriptive language set forth in the attached Exhibit “A” and a copy thereof shall be published on the official Salt Lake City website.
SECTION 3. That this ordinance shall become effective on the date of its first publication.
Passed by the City Council of Salt Lake City, Utah this 2nd day of September, 2014.
Bill No. 55 of 2014.
Published: September 8, 2014.
Ordinance 56 of 2014
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SALT LAKE CITY ORDINANCE
No. 56 of 2014
(Amending various sections of the Salt Lake City Code pertaining to
initiating zoning ordinance text amendments, procedural regulations governing
the planning commission and historic landmark commission, and
striking text concerning a nonexistent committee)
An ordinance amending Sections 21A.06.030, 21A.06.050, 21A.46.120 and Chapter 21A.50 of the Salt Lake City Code to revise the process for initiating land use ordinance text amendments, to modify planning commission and historic landmark commission procedures, and to omit language concerning a nonexistent committee pursuant to Petition No. PLNPCM2013-00741.
WHEREAS, the Salt Lake City Planning Commission held a public hearing on January 22, 2014 on an application submitted by the planning commission to amend Chapter 21A.50 (Zoning: Amendments) of the Salt Lake City Code to revise the process for initiating land use ordinance text amendments pursuant to Petition No. PLNPCM2013-00741, and consolidating into that petition a petition by the Salt Lake City Council to amend Sections 21A.06.030 (Zoning: Decision Making Bodies and Officials: Planning Commission), 21A.06.050 (Zoning: Decision Making Bodies and Officials: Historic Landmark Commission), and 21A.46.120.E (Zoning: Signs: Sign Regulations for Special Purpose Districts: Sign Type, Size and Height Standards for the PL, PL-2 and I Districts), to modify planning commission and historic landmark commission procedures and to omit language concerning a nonexistent committee; and
WHEREAS, at its January 22, 2014 meeting, the planning commission voted in favor of forwarding a positive recommendation to the Salt Lake City Council on said petitions; and
WHEREAS, after a public hearing on this matter the city council has determined 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 Section 21A.06.030 of Salt Lake City Code. That Section 21A.06.030 of the Salt Lake City Code (Zoning: Decision Making Bodies and Officials: Planning Commission), shall be, and hereby is, amended to read as follows:
21A.06.030: PLANNING COMMISSION:
A. The provisions of Chapter 2.07 of this title shall apply to the Planning Commission except as otherwise set forth in this section.
B. Creation: The planning commission is created pursuant to the enabling authority granted by the municipal land use development and management act of the Utah Code.
C. Jurisdiction and Authority: The planning commission shall have the following powers and duties in connection with the implementation of this title:
1. Prepare and recommend to the city council for adoption, a comprehensive, general plan and amendments to the general plan for the present and future needs of the city and the growth and development of the land within the city or any part of the city;
2. Make comprehensive surveys and studies of the existing conditions and trends of growth and of the probable future requirements of the city and its residents as part of the preparation of the general plan;
3. Initiate amendments to the text of this title and to the zoning map pursuant to the provisions of Chapter 21A.50 of this title;
4. Review, evaluate and make recommendations to the city council on proposed amendments to this title pursuant to the procedures and standards set forth in Chapter 21A.50 of this title;
5. Review, hear and decide applications for conditional uses, including planned developments, pursuant to the procedures and standards set forth in Chapters 21A.54, "Conditional Uses", and 21A.55, "Planned Developments", of this title;
6. Hear and decide appeals from administrative hearing decisions of the planning director;
7. Hear and decide applications for subdivision amendments and approvals pursuant to the Municipal Land Use Development and Management Act, Title 10, Chapter 9a of the Utah Code Annotated;
8. Authorize special exceptions to the terms of this title pursuant to the procedures and standards set forth in Chapter 21A.52, "Special Exceptions", of this title; and
9. Make determinations regarding the existence, expansion or modification of nonconforming uses and noncomplying structures pursuant to the procedures and standards set forth in Chapter 21A.38, "Nonconforming Uses and Noncomplying Structures", of this title.
D. Membership: The planning commission shall consist of at least nine (9) up to a maximum of eleven (11) voting members, appointed from among qualified electors of the city in a manner providing balanced geographic, professional, neighborhood and community interests representation.
1. The director of the planning
division (or the planning director's designated representative) shall serve as
an ex officio member without vote.
2. Appointment to a position created by any vacancy shall not be included in the determination of any person's eligibility to serve two (2) consecutive full terms.
E. Meetings: The planning commission shall meet at least once each month.
F. Commission Action: A simple majority of the voting members present at the meeting at which a quorum is present shall be required for any action taken. The decision of the planning commission shall become effective upon the posting of the record of decision.
G. Public Hearings: The planning commission shall schedule and give public notice of all public hearings pursuant to the provisions of Chapter 21A.10, "General Application and Public Hearing Procedures", of this title.
H. Conflicts of Interest: The planning commission may, by majority vote of the members present, allow a member, otherwise required to leave due to a conflict, to be present if required by special or unusual circumstances.
I. Removal of a Member: Any member of the planning commission may be removed by the mayor for violation of this title or any policies and procedures adopted by the planning commission following receipt by the mayor of a written complaint filed against the member. If requested by the member, the mayor shall provide the member with a public hearing conducted by a hearing officer appointed by the mayor.
J. Policies and Procedures: The planning commission shall adopt policies and procedures for the conduct of its meetings, the processing of applications and for any other purposes considered necessary for its proper functioning.
SECTION 2. Amending Section 21A.06.050 of Salt Lake City Code. That Section 21A.06.050 of the Salt Lake City Code (Zoning: Decision Making Bodies and Officials: Historic Landmark Commission), shall be, and hereby is, amended to read as follows:
21A.06.050: HISTORIC LANDMARK COMMISSION:
A. The provisions of Chapter 2.07 of this title shall apply to the historic landmark commission except as otherwise set forth in this section.
B. Creation: The historic landmark commission was created pursuant to the enabling authority granted by the Historic District Act, Section 11-18-1 et seq., of the Utah Code Annotated, 1953 (repealed), and continues under the authority of the Land Use Development and Management Act, Utah Code Chapter 10-9a.
C. Jurisdiction and Authority: The historic landmark commission shall:
1. Review and approve or deny an application for a certificate of appropriateness pursuant to the provisions of Chapter 21A.34 of this title;
2. Participate in public education programs to increase public awareness of the value of historic, architectural and cultural preservation;
3. Review and approve or deny applications for the demolition of structures in the H Historic Preservation Overlay District pursuant to Chapter 21A.34 of this title;
4. Recommend to the planning commission the boundaries for the establishment of an H historic preservation overlay district and landmark sites;
5. Make recommendations when requested by the planning commission, the hearing officer or the city council, as appropriate, on applications for zoning amendments and conditional uses involving H historic preservation overlay districts and landmark sites;
6. Review and approve or deny certain special exceptions for properties located within an H historic preservation overlay district. The certain special exceptions are listed as follows:
a. Building wall height;
b. Accessory structure wall height;
c. Accessory structure square footage;
d. Fence height;
e. Overall building and accessory structure height;
f. Signs pursuant to Section 21A.46.070 of this title; and
g. Any modification to bulk and lot regulations of the underlying zoning district where it is found that the underlying zoning would not be compatible with the historic district and/or landmark site.
7. Make recommendations to the planning commission in connection with the preparation of the general plan of the city; and
8. Make recommendations to the city council on policies and ordinances that may encourage preservation of buildings and related structures of historical and architectural significance.
D. Membership: The historic landmark commission shall consist of not less than seven (7) nor more than eleven (11) voting members appointed in a manner providing balanced geographic, professional, neighborhood and community interests representation. Appointment to a position created by any vacancy shall not be included in the determination of any person's eligibility to serve two (2) consecutive full terms.
E. Qualifications of Members: Each voting member shall be a resident of the city interested in preservation and knowledgeable about the heritage of the city. Members shall be selected so as to ideally provide representation from the following groups of experts and interested parties whenever a qualified candidate exists:
1. At least two (2) architects, and
2. Citizens at large possessing preservation related experience in archeology, architecture, architectural history, construction, history, folk studies, law, public history, real estate, real estate appraisal, or urban planning.
F. Meetings: The historic landmark commission shall meet at least once per month or as needed.
G. Commission Action: A simple majority of the voting members present at a meeting at which a quorum is present shall be required for any action taken. The decision of the historic landmark commission shall become effective upon the posting of the record of decision.
H. Public Hearings: The historic landmark commission shall schedule and give public notice of all public hearings pursuant to the provisions of Chapter 21A.10 of this title.
I. Removal of a Member: Any member of the historic landmark commission may be removed by the mayor for violation of this title or any policies and procedures adopted by the historic landmark commission following receipt by the mayor of a written complaint filed against the member.
J. Policies and Procedures: The historic landmark commission shall adopt policies and procedures for the conduct of its meetings, the processing of applications and for any other purposes considered necessary for its proper functioning.
SECTION 3. Amending Chapter 21A.50 of Salt Lake City Code. That Chapter 21A.50 of the Salt Lake City Code (Zoning: Amendments), shall be, and hereby is, amended to read as follows:
Chapter
21A.50
AMENDMENTS
21A.50.010: PURPOSE STATEMENT:
21A.50.050: STANDARDS FOR GENERAL AMENDMENTS:
21A.50.060: LIMITATION ON AMENDMENTS:
21A.50.070: APPEAL OF DECISION:
21A.50.010: PURPOSE STATEMENT:
The purpose of this chapter is to provide standards and procedures for making amendments to the text of this title and to the zoning map. This amendment process is not intended to relieve particular hardships nor to confer special privileges or rights upon any person, but only to make adjustments necessary in light of changed conditions or changes in public policy.
The text of this title and the zoning map may be amended by the passage of an ordinance adopted by the city council in accordance with the procedures set forth in this chapter.
Amendments to the text of this title or to the zoning map may be initiated by filing an application for an amendment addressed to the planning commission. Applications for amendments may be initiated by the mayor, the city council, the planning commission, or the owner of the property included in the application, or the property owner's authorized agent. Applications related to H historic preservation overlay districts or landmark sites shall be initiated as provided in Chapter 21A.34 of this title.
An amendment to the text of this title or to the zoning map initiated by any of the methods described in Section 21A.50.030 of this chapter shall be processed in accordance with the following procedures:
A. Application: An application shall be made to the zoning administrator on a form or forms provided by the office of the zoning administrator, which shall include at least the following information:
1. A statement of the text amendment or map amendment describing the purpose for the amendment and the exact language, boundaries and zoning district;
2. Street address and legal description of the property;
3. A complete description of the proposed use of the property where appropriate;
4. Site plans drawn to scale (where applicable); and
5. Related materials or data supporting the application as may be determined by the applicant and the zoning administrator.
B. Fees: The application for an amendment shall be accompanied by the fee shown on the Salt Lake City consolidated fee schedule. Applications filed by the city council, the planning commission, or the mayor shall not require the payment of any fees.
C. Determination of Completeness: Upon receipt of an application for an amendment, the zoning administrator shall make a determination of completeness pursuant to Section 21A.10.010, "General Application Procedures", of this title.
D. Staff Report: A staff report evaluating the amendment application shall be prepared by the planning director.
E. Planning Commission Public Hearing: The planning commission shall schedule and hold a public hearing on the completed application in accordance with the standards and procedures for conduct of the public hearing set forth in Chapter 21A.10, "General Application and Public Hearing Procedures", of this title.
F. Planning Commission Decision: Following the public hearing, the planning commission shall recommend approval or denial of the proposed amendment or the approval of some modification of the amendment and shall then submit its recommendation to the city council.
G. City Council Hearing: The city council shall schedule and hold a public hearing to consider the proposed amendment in accordance with the standards and procedures for conduct of the public hearing set forth in Chapter 21A.10, "General Application and Public Hearing Procedures", of this title.
H. City Council Decision: Following the hearing, the city council may adopt the proposed amendment, adopt the proposed amendment with modifications, or deny the proposed amendment. However, no additional land may be zoned to a different classification than was contained in the public notice, and no land may be rezoned to a less restricted classification, without new notice and hearing.
21A.50.050: STANDARDS FOR GENERAL AMENDMENTS:
A decision to amend the text of this title or the zoning map by general amendment is a matter committed to the legislative discretion of the city council and is not controlled by any one standard.
A. In making its decision concerning a proposed text amendment, the city council should consider the following factors:
1. Whether a proposed text amendment is consistent with the purposes, goals, objectives, and policies of the city as stated through its various adopted planning documents;
2. Whether a proposed text amendment furthers the specific purpose statements of the zoning ordinance;
3. Whether a proposed text amendment is consistent with the purposes and provisions of any applicable overlay zoning districts which may impose additional standards; and
4. The extent to which a proposed text amendment implements best current, professional practices of urban planning and design.
B. In making a decision to amend the zoning map, the city council should consider the following:
1. Whether a proposed map amendment is consistent with the purposes, goals, objectives, and policies of the city as stated through its various adopted planning documents;
2. Whether a proposed map amendment furthers the specific purpose statements of the zoning ordinance;
3. The extent to which a proposed map amendment will affect adjacent properties;
4. Whether a proposed map amendment is consistent with the purposes and provisions of any applicable overlay zoning districts which may impose additional standards; and
5. The adequacy of public facilities and services intended to serve the subject property, including, but not limited to, roadways, parks and recreational facilities, police and fire protection, schools, stormwater drainage systems, water supplies, and wastewater and refuse collection.
21A.50.060: LIMITATION ON AMENDMENTS:
No application for an amendment to this title shall be considered by the city council or the planning commission within one year of the withdrawal by the applicant or final decision of the city council upon a prior application covering substantially the same subject or substantially the same property. This determination shall be made by the zoning administrator upon receipt of an application pursuant to Section 21A.50.030 of this chapter. This provision shall not restrict the mayor, the city council, or the planning commission from proposing any text amendment or change in the boundaries of any of the districts in this title at any time.
21A.50.070: APPEAL OF DECISION:
Any party adversely affected by the decision of the city council may, within thirty (30) days after such decision, file an appeal to the district court pursuant the Municipal Land Use Development and Management Act, Section 10-9-1001, of the Utah Code Annotated.
SECTION 4. Amending Section 21A.46.120.E.4.b of Salt Lake City Code. That Section 21A.46.120.E.4.b of the Salt Lake City Code (Zoning: Signs: Sign Regulations for Special Purpose Districts: Sign Type, Size and Height Standards for the PL, PL-2 and I Districts: Standards for the Ballpark Located on the Southeast Corner of 1300 South and West Temple), shall be, and hereby is, amended to read as follows:
b.
Standards for the Ballpark Located on the
Southeast Corner of 1300 South and West Temple: Flat signs, construction signs,
political signs, real estate signs, new development signs, window signs, public
safety signs, and nameplates shall comply with the table for standards for the
PL, PL-2 and I districts.
|
Types of |
Maximum Area |
Maximum Height |
Minimum |
Number of |
|
Awning signs |
1 square foot per linear foot of awning |
See note 1 |
May extend 6 feet from face of building, 2 feet from back of curb face5 |
1 per first floor door/window and not to extend beyond 1 foot on each side of the door or window width |
|
Monument signs3,4 |
60 square feet of total sign face area including a base. The base shall be 25% of the sign height |
8 feet |
10 feet |
1 per building frontage |
|
Pole signs (triangle frame structure) |
180 square feet per gross sign face. 540 square feet for the structure |
30 feet |
No sign projection over the property line |
1 pole sign which allows 4 sign panels per sign face, 1 of which may be an electronic changeable copy sign4 and 1 logo sign (12 total signs for the triangular pole sign) |
|
Private directional signs3 |
8 square feet of total sign face area including a base. The base shall be 25% of the sign height |
4 feet |
2 feet behind property lines |
2 per driveway approach and as necessary for pedestrian direction |
Notes:
1. For limits on the height of
building signs, see subsection 21A.46.070J of this chapter.
2. Not applicable
to temporary signs mounted as flat signs.
3. Modified from the standards for
the PL, PL-2 and I districts and required for the ballpark overlay
district.
4. Electronic changeable copy signs shall only be permitted on
arterial street frontages. Electronic changeable copy signs/panels
shall not exceed 50 square feet.
5. Public property lease and insurance
required for projection over property line.
SECTION 5. 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 30th day of September, 2014.
Bill No. 56 of 2014.
Published: October 9, 2014.