Publisher's Note: This Section has been AMENDED by new legislation (Ord. 10-2024, passed 3-5-2024). The text of the amendment will be incorporated below when the ordinance is codified.
A. General Provisions:
1. Purpose Statement: The purpose of the RCO riparian corridor overlay district is to minimize erosion and stabilize stream banks, improve water quality, preserve fish and wildlife habitat, moderate stream temperatures, reduce potential for flood damage, as well as preserve the natural aesthetic value of streams and wetland areas of the city. This overlay district is intended to provide protection for the following aboveground streams, stream corridors and associated wetlands east of the Interstate 215 Highway: City Creek, Red Butte Creek, Emigration Creek, Parleys Creek, and Jordan River. Where these streams flow through areas already developed on the effective date of this section (January 15, 2008), the RCO is intended to achieve a reasonable balance between the dual nature of these areas: natural streams and developed land uses.
2. District Location: The RCO district applies to that portion of any lot or parcel of land located between the annual high water level (AHWL) of City Creek, Red Butte Creek, Emigration Creek, Parleys Creek and the Jordan River, where not located belowground, and a line which is one hundred feet (100') along a horizontal plane from the AHWL. The RCO district does not apply to any lot or parcel where a stream, with respect to such lot or parcel, is located entirely belowground in a pipe or covered channel.
3. Applicability: The RCO district regulations set forth in this section supplement regulations in the underlying base zoning district. RCO regulations shall govern any use or development conducted within the RCO district unless specifically exempted under the provisions of this section or another provision of this title.
a. An RCO permit is supplementary to any land use permit authorized under this title.
b. Canals and irrigation ditches are not subject to this section.
c. The surplus canal and watercourses west of Interstate 215 are regulated under section 21A.34.050, "LC Lowland Conservancy Overlay District", of this chapter and are not subject to this section.
4. Relationship To Other Laws: The requirements of the RCO district shall apply in addition to any other applicable federal, state, county, or city law or regulation.
a. Any use or development within the RCO district shall conform to applicable provisions of title 20, "Subdivisions And Condominiums", of this code and this title. Compliance with the requirements of this section shall not relieve a landowner from compliance with other applicable provisions of this title except as expressly otherwise set forth in this section.
b. If a landowner obtains a permit for a use or development located within the RCO district that is entirely within the jurisdiction of a federal or state government agency or Salt Lake County, then the landowner shall also apply for a riparian protection permit. If the relevant federal, state, or county agency approves the use or development as in compliance with the agency's requirements, then the city shall issue the riparian protection permit subject to compliance with the federal, state, or county approval and shall not independently review the use or development for compliance with this section.
c. If any portion of a proposed use or development is outside the jurisdiction of a federal, state, or county agency, then the applicant shall comply with the provisions of this section and shall obtain a riparian protection permit if required under the provisions of this section.
d. Salt Lake County shall not be required to obtain a riparian protection permit for any county flood control activity authorized by the Utah code within or along a stream in the RCO district. However, Salt Lake County shall obtain a riparian protection permit for any stream restoration and non-flood control development or other use conducted by the county which is located within the RCO district.
e. Any person who leases federal or state land, or any appurtenant structure or building located within the RCO district shall obtain a riparian protection permit if required under the provisions of this section.
f. A city department or agency that conducts a use or development within the RCO district shall follow the requirements of this section and obtain a riparian protection permit if required for such use or development.
g. The department of public utilities shall develop general permits as needed to address routine channel maintenance, possible emergency situations, and similar activities. These general permits shall provide how a particular use or development shall be conducted to avoid adverse stream corridor impacts and shall include required mitigation and restoration measures consistent with the provisions of this section. The process for reviewing and approving a general permit application shall be the same for a public or private person or entity.
B. Decision Making Authority:
1. Public Utilities Director: The public utilities director shall be responsible for implementing and administering the provisions of this section. The public utilities director:
a. May authorize a minor exemption and reasonable use exception to the provisions of this section as set forth, respectively, in subsections C5 and C6 of this section;
b. May render an administrative interpretation of any provision in this section pursuant to the procedures set forth in chapter 21A.12 of this title;
c. May not make any decision involving land use, zoning, subdivision, legal conformity in a zoning district, historic preservation, restoration, rehabilitation, or demolition of any structure except as expressly set forth in this section;
d. Shall expedite the permit review process if an applicant reasonably demonstrates imminent danger to individuals or property is associated with the subject land;
e. May adopt reasonable regulations, including approval of general permits, to implement the provisions of this section; and
f. May designate one or more staff persons within the department to carry out these responsibilities. Wherever this section refers to the director, such reference shall also include the director's designee.
2. Public Utilities Advisory Committee: Pursuant to the authority granted in subsection 2.40.060I of this code, the public utility advisory committee shall hear and decide any appeal arising from a final decision granting or denying a riparian protection permit pursuant to procedures set forth in chapter 21A.16 of this title.
3. Appeal Of Decision: Any person adversely affected by any decision of the public utilities advisory committee may, within thirty (30) days after the decision is made, present to the district court a petition specifying the grounds on which the person was adversely affected.
C. Review Process And Procedures: An application for a riparian protection permit shall be considered and processed as set forth in this subsection.
1. Riparian Protection Permit Application: A complete application shall be submitted to the department of public utilities and shall contain at least the following information submitted by the applicant, unless certain information is determined by the public utilities director to be inapplicable or unnecessary to evaluate the application under the provisions of this section. The public utilities director may determine, consistent with the requirements of this section, other application matters such as the scale, quality, and details shown on maps and plans, and the number of application copies required for submittal.
a. The applicant's name, address, telephone number and interest in the land;
b. The landowner's name, address and telephone number, if different than the applicant, and the owner's signed consent to the filing of the application;
c. The street address and legal description of the subject land;
d. The zoning classification, boundaries of base and overlay zoning districts, and present use of the subject land;
e. A complete description of the use or development for which a riparian protection permit is requested;
f. Plan view and cross sections of the site which show:
(1) The riparian corridor boundary with respect to the subject land;
(2) The annual high water line and each setback line from the AHWL (area A, 25 feet; area B, 50 feet; and area C, 100 feet), elevation, and slope;
(3) The location and setback of existing and proposed buildings and structures;
(4) Existing and proposed grades;
(5) Any nonnative or invasive vegetation identified by location, type, and size, including any area where invasive vegetation is proposed for removal;
(6) 100-year floodplain, past flood hazard areas, geological faults, high liquefaction areas, and slopes thirty percent (30%) or greater;
(7) Habitat of any known threatened or endangered species of aquatic and terrestrial flora or fauna, if required by the public utilities director;
(8) If wetlands exist on the subject land, a wetlands delineation approved by the U.S. army corps of engineers; and
(9) Such other and further information or documentation as the public utilities director may reasonably deem necessary for proper consideration of a particular application, including, but not limited to, geotechnical and hydrological reports required under subsection E8 of this section.
2. Riparian Corridor Delineation: The riparian corridor shall be delineated at the annual high water level.
a. When the annual high water level cannot be found, the top of the channel bank may be substituted if approved by the public utilities director.
b. A boundary location or delineation required under this section shall be prepared by a licensed professional hydraulic engineer, hydrologist, wetlands scientist, fluvial geomorphologist, another equivalent qualified environmental science professional, or the public utilities department.
c. Any wetland delineation within a stream corridor shall be approved by the U.S. army corps of engineers prior to submittal of the delineation to the public utilities director.
d. If a wetland exists within and extends beyond the one hundred feet (100') of the riparian corridor, the outermost edge of the wetland shall be the outer edge of the riparian corridor.
3. Determination Of Completeness: Upon receipt of an application for a riparian protection permit, the public utilities director shall make a determination of completeness of the application pursuant to section 21A.10.010 of this title.
4. Notice Of Applications For Additional Approvals: Whenever in connection with an application for a riparian protection permit, an applicant is requesting another type of approval, such as a building permit, subdivision, conditional use permit, variance, special exception, or change in zoning or land use, each required notice shall include a reference to all other requested approvals.
5. Minor Exceptions Authorized: Minor exceptions to the provisions of this section may be approved by the public utilities director as provided in this subsection. A minor exception may not authorize an exception to a prohibited land use.
a. Criteria: A minor exception shall be approved only if the public utilities director finds the exception:
(1) Is of a technical nature (i.e., relief from a dimensional or design standard);
(2) Will not authorize a deviation of more than ten percent (10%) from an otherwise applicable numerical standard;
(3) Is required to compensate for some unusual aspect of the site or proposed use or development generally not shared by landowners in the vicinity;
(4) Supports a goal or objective consistent with any RCO master plan as may be adopted, subsequent restoration efforts, or the purpose of this section;
(5) Will protect sensitive natural resources or better integrate development with the riparian environment;
(6) Will avoid filling, grading, and construction of retaining walls; and
(7) Is not likely to:
(A) Interfere with the use and enjoyment of adjacent land;
(B) Create a danger to public health or safety, particularly from flooding or erosion damage;
(C) Change stream bank stability or increase the likelihood of erosion; or
(D) Affect water quality.
b. Conditions May Be Required: In granting a minor exception, the public utilities director may attach any conditions necessary to meet the intent of this section. Any performance bond required by such conditions shall be administered as provided in this title and any other applicable provision of this code.
c. Time Limit: The public utilities director shall prescribe a time limit within which action under the minor exception shall begin. Failure to begin such action within the established time limit shall void the minor exception.
d. Burden Of Proof: The applicant shall have the burden of providing evidence to support a minor exception request.
6. Reasonable Use Exception: If a landowner believes application of the provisions of this section would deny all reasonable economic use of the owner's lot or parcel of land, the owner may request a reasonable use exception pursuant to this subsection. A request for a reasonable use exception shall be made to the public utilities director and shall include basis for the owner's reasonable use exception request and any information set forth in title 2, chapter 2.66 of this code which the public utilities director deems relevant to the request.
a. Criteria: The public utilities director shall approve a request for a reasonable use exception when all of the following criteria are met:
(1) The application of the provisions of this section would deny all reasonable economic use of the land;
(2) No other reasonable economic use of the land would have less impact on the riparian corridor area;
(3) The impact to the riparian corridor area resulting from granting the reasonable economic use request is the minimum necessary to allow for reasonable economic use of the land;
(4) The inability of the applicant to derive reasonable economic use of the land is not the result of actions by the applicant or the applicant's predecessor;
(5) The reasonable economic use exception mitigates the loss of riparian corridor area functions to the extent reasonably feasible under the facts of the application; and
(6) The reasonable economic use exception only authorizes a permitted or conditional use authorized by the underlying district and conforms to other applicable requirements of this title to the extent reasonably feasible under the facts of the application.
b. Burden Of Proof: The applicant shall have the burden of providing evidence to support a reasonable economic use exception request.
7. Action By Public Utilities Director: Following review of a complete application for a riparian protection permit, and any request for a minor exception or reasonable use exception, the director shall, pursuant to provisions of this section: a) approve the permit; b) approve the permit subject to specific modifications; or c) deny the permit. A riparian protection permit for the proposed use or development shall be approved if the public utilities director determines such action is in accord with the provisions of this section and meets the following criteria:
a. Construction associated with the use or development is not reasonably anticipated to result in the discharge of sediment or soil into any storm drain, wetland, water body, or onto an adjacent lot or parcel; and
b. Except as otherwise required under a reasonable use exception, the proposed use or development:
(1) Will result in equal or better protection for the riparian corridor area, considering the provisions of this section, as reasonably determined by the public utilities director; and
(2) Will not occupy more than fifty percent (50%) of the total area within areas A and B described in subsection D2 of this section.
8. Appeal Of Decision: Any person adversely affected by a final decision of the public utilities director may within thirty (30) days after such decision appeal to the public utility advisory committee as provided in subsection B2 of this section.
9. Application Process Flow Chart: The riparian corridor permit application process is conceptually illustrated in table 21A.34.130-1 of this subsection C9. The provisions of this section shall prevail over any conflict with the flow chart.
To view TABLE 21A.34.130-1 in PDF, click HERE.
D. Permitted Uses:
1. In General: No person shall engage in any ground disturbing use or development on a lot or parcel that will remove, fill, dredge, clear, destroy, armor, terrace, or otherwise alter the RCO district through manipulation of soil or other material except as allowed by:
a. This section and, where required by this section, the public utilities director; or
b. The U.S. army corps of engineers, Salt Lake County flood control, the Utah state engineer, or any other government agency with jurisdiction over land in the RCO district to the extent provided in subsection A4 of this section.
2. Permitted Use Areas; Developed Land: The following use areas are hereby established for developed lots or parcels within the RCO district as shown on illustration A of this subsection:
a. Area A: A "no disturbance area" located between the annual high water line and twenty five feet (25') from the AHWL;
b. Area B: A "structure limit area" located between twenty five (25) and fifty feet (50') from the AHWL; and
c. Area C: A "buffer transition area" located between fifty (50) and one hundred feet (100') from the AHWL.
3. Permitted Use Area; Undeveloped Land: On a one acre or larger undeveloped lot or parcel within the RCO district, area A, the "no disturbance area" described above, shall be extended to one hundred feet (100') from the AHWL.
4. Permitted Use Table; Developed Land: Permitted uses allowed on a developed lot or parcel within the RCO district are shown on table 21A.34.130-2 of this subsection D4. Uses allowed by right are indicated by the letter "P"; uses which require a riparian protection permit are indicated by the letters "RPP"; and prohibited uses are indicated by a blank space.
a. Any use or development not shown on this table shall be prohibited unless authorized by a provision of this section or another applicable provision of this title.
b. Table 21A.34.130-2 of this subsection D4 is a summary of the provisions in this subsection D. The text of this section shall control over anything contrary shown on the table.
Notes
| 1 | 1. The riparian corridor overlay district shall be applied to all property located within 100 feet of the annual high water level of the aboveground portions of City Creek, Red Butte Creek, Emigration Creek, Parleys Creek, and the Jordan River. The riparian corridor overlay district shall not apply to any other stream corridor. Any RCO designation shown on the Salt Lake City zoning map which is contrary to the foregoing shall be and hereby is removed from such map. |