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 applicable 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;
4. The extent to which a proposed text amendment implements best current, professional practices of urban planning and design.
5. The impact that the proposed text amendment may have on city resources necessary to carry out the provisions and processes required by this title.
6. The impact that the proposed text amendment may have on other properties that would be subject to the proposal and properties adjacent to subject properties.
7. The community benefits that would result from the proposed text amendment, as identified in 21A.50.050.C.
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 and helps implement 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 applicable purpose statements of the zoning ordinance;
3. The extent to which a proposed map amendment will affect adjacent and nearby properties due to the change in development potential and allowed uses that do not currently apply to the property;
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 potential impacts on the city to provide safe drinking water, storm water, and sewer to the property and other properties based on the additional development potential of future development including any impact that may result in exceeding existing or planned capacities that may be located further away from the subject property.
6. The status of existing transportation facilities, any planned changes to the transportation facilities, and the impact that the proposed amendment may have on the city's ability, need, and timing of future transportation improvements.
7. The proximity of necessary amenities such as parks, open space, schools, fresh food, entertainment, cultural facilities, and the ability of current and future residents to access these amenities without having to rely on a personal vehicle.
8. The potential impacts to public safety resources created by the increase in development potential that may result from the proposed amendment.
9. The potential for displacement of people who reside in any housing that is within the boundary of the proposed amendment and the plan offered by the petitioner to mitigate displacement.
10. The potential for displacement of any business that is located within the boundary of the proposed amendment and the plan offered by the petitioner to mitigate displacement.
11. The community benefits that would result from the proposed map amendment, as identified in Section 21A.50.050.C.
C. Community Benefit. Each petition for a zoning amendment that is initiated by a private property owner shall identify a community benefit(s) provided by the proposal that would not otherwise be provided without the amendment as provided for in this section.
1. The proposed community benefit(s) shall be within any of the following categories:
a. Providing housing that aligns with the current or future needs of the community as determined by the general plan. Needs could include the level of affordability in excess of the number of dwellings that exist on the site, size in terms of number of bedrooms, or availability of housing for purchase;
b. Providing commercial space for local businesses or charitable organizations;
c. Providing a dedication of public open space;
d. Providing a dedication or other legal form of protection from future development of land that is adjacent to a river, creek, wetland, floodplain, wildlife habitat, or natural lands;
e. Preserving historic structures not otherwise protected;
f. Expanding public infrastructure that expands capacity for future development.
2. The proposed community benefit may be evaluated based on the following, if applicable:
a. For proposals that are intended to increase the housing supply, the level of affordability of the additional density that may be allowed if the proposal were to be adopted;
b. The percentage of space allocated to commercial use compared to the total ground floor area that could be developed on the site;
c. The size of the public open space compared to the total developable area of the lot, exclusive of setbacks, required landscaped yards, and any open space requirement of the proposed zoning district;
d. The relative size and environmental value of any land that is to be dedicated;
e. The historic significance of the structures proposed to be preserved;
f. The amount of development that could be accommodated due to the increase in public infrastructure capacity compared to the general need for the area;
g. The input received related to the community benefit during the 45-day engagement period;
h. Policies in the general plan that support the proposed community benefit.
3. The community benefit shall be subject to public input as part of the required 45-day public input period.
4. The planning commission may make a recommendation to the city council regarding accepting the proposed public benefit.
5. The city council has final authority regarding requiring a public benefit. The city council may accept the proposed public benefit, modify the benefit, require a different public benefit, or waive the public benefit based on the merits of the proposal.
6. Any future development where a public benefit is required shall be subject to a development agreement to ensure that the agreed upon public benefit is provided prior to a certificate of occupancy being issued for any building within the future development.
7. A violation of the development agreement that includes not providing the agreed to public benefit shall require the property owner to pay a fine that is equal to the fair market value of the public benefit in the development agreement plus the fines identified in Section 21A.20.040.
D. Displaced Tenants Resulting from Demolition of Housing: If a proposed amendment submitted by a property owner includes the likely demolition of any dwelling, the city council may require the petitioner to provide relocation assistance for the current tenant(s), or a replacement dwelling as required by this section for each demolished dwelling within a future development.
1. This subsection may be applied by the city council when a proposal for a property owner initiated zoning map amendment is likely to result in an existing housing unit being demolished due to the increase in development rights that may result from the proposed amendment.
2. For the purpose of this section, any term that is used in the singular shall be interpreted to include the plural of the term.
3. A petitioner may not terminate a lease or evict a tenant for the purpose of evading the obligation to provide tenant relocation assistance and other requirements set forth in this section.
4. Tenant Relocation Assistance: When a petition is likely to result in the demolition of a dwelling unit, the property owner may be required to provide the tenant with relocation assistance to supplement the costs of leasing a comparable replacement dwelling. The rental relocation assistance includes the following:
a. Moving expenses based on a reasonable estimate provided by the tenant, up to a maximum of $1,500.
b. Application fees for the replacement housing.
c. The deposit that the displaced tenant would have to pay to secure replacement housing.
d. Monthly Rental Assistance Payment. The rental assistance payment is based on the difference, if any, between the cost of the monthly rent of the demolished housing and a comparable unit. The rental payment total amount paid shall not be more than $7,200.
e. If the property owner relocates the displaced tenant into an existing unit that is owned by the applicant within Salt Lake City at the same rental rate the displaced tenant was paying and without an additional applicant fee or deposit, then paragraphs b, c, and d do not apply.
f. Any and all payments should be received by the tenant 24 hours in advance of leaving the unit to be demolished.
g. Tenant Relocation Assistance Exemptions: If the project is receiving identified federal funds and subject to the Uniform Relocation Assistance (URA) and Real Property Acquisition Policies Act of 1970, as amended, 42. U.S.C 4601-4655. The relocation assistance rules for the developer/tenant under that act will govern and the Tenant Relocation Assistance outlined in this section will not apply. The developer shall inform the city if they are subject to URA and details of assistance to be provided. Tenants who receive tenant relocation assistance from this section are not eligible to receive relocation benefits from the city.
E. Demolished Unit Replacement. The future development may be required to replace the demolished housing unit within the new development. The replacement housing unit shall have the same number of bedrooms. In addition, the applicant shall propose one of the options listed in this section. The city council has the authority to waive or modify this requirement.
1. The replacement unit shall be rented at the same amount as the demolished unit with no more than a 3% annual increase on the rental rate for a period of 20 years.
2. The applicant may propose a payment to the city in lieu of the rental restriction on the new unit to go toward the city's housing fund to offset the loss of affordable housing. The payment shall be equal to the monthly rent of the unit prior to demolition multiplied by the number of months between the time the unit is vacated prior to demolition until a certificate of occupancy for the replacement dwelling is issued.
F. If a housing unit is demolished or neglected to the point of being uninhabitable at any time during the five years prior to a petition for a zoning amendment being submitted or is placed on the city's boarded building inventory, the city council may require this section to apply to tenants that were displaced by the demolition or require the tenant relocation amount to be paid to the city for the purpose of other tenant relocation assistance. (Ord. 11-24, 2024: Ord. 56-14, 2014)
