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77 of 1980 - Amending sections 42-9-2, 51-6-10, renumbering sections 51-2-42, 51-2-42.1 and adding sedtions 51.2- ORDINANCE AN ORDINANCE AMENDING Section 42-9-2 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to approval of planned unit developments as subdivisions; AMENDING Chapter 2 of Title 51, relating to definitions by renumbering Section 51-2-42 and 51-2-42.1, relating to definitions of "parking space" and "restaurants" and adding thereto a definition of "planned unit developments"; and AMENDING Section 51-6-10, relating to planned unit developments as special exceptions to the zoning ordinance. Re it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 42-9-2 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to modification in planned developments as subdivisions, he, and the same hereby is, amended to read as follows: Sec. 42-9-2. Modifications in Planned Unit Developments. (1) General Review - Non-Subdivision Development. The Planning Commission shall review applications before the Board of Adjustment on planned unit developments and may recommend modifications of zoning ordinances as may be appropriate and necessary, in accordance with the criteria established in Title 51 of these ordinances. (2) Additionally, upon an application of a planned unit development "PUD", that desires approval as a subdivision of PUD Lots under this title, the Planning Commission shall review said application, pursuant to the procedure governing subdivisons, but, in its discretion, may recommend waiver of portions of the requirements of this title or Title 51 applicable to lot area size, minimum side yards, public road dedication and minimum road frontage setback upon terms or conditions as it deems appropriate and consistent with criteria set forth in Section 51-6-10, the purposes of the subdivision and zoning ordinances, including, but not limited to the following criteria: (a) The development bears approval from the Board of Adjustment in compliance with Title 51 for platting as a subdivision of P11D Lots of improved or unimproved real property; (h) The approved development plan does not contemplate the subdivision of vertical space into units, (rather see condominiums); (c) Development documentation provides an incorporated entity as the home owner's association which provides: ! ! (i) Non-exclusive possession and necessary access over common ground, common walls, areas, utilities, etc. (ii) Retention in the entity for maintenance or repair of all exterior building surfaces and/or elements, and common areas. (d) Each PUD Lot, improved or unimproved, shall be designed to be able to function independently in terms of hookup service to utility supply lines such as water, gas, sewer, etc. (e) Each POD Lot shall be designated on the plat as a "POD Lot". Improvements, including fences, on said POD Lots on plans approved by the Board of Adjustment may only be constructed, reconstructed or altered in keeping with terms of the approved plan. (f) Each PUD Lot so subdivided shall contain the required parking space within its boundaries or the subdivision plat shall permanently designate such parking space upon common or limited common property. (q) Each POD Lot shall preserve as open space the required setbacks for the project as open spaces. SECTION 2. That Sections 51-2-42 and 51-2-42.1 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to definitions of "parking space" and "restaurant" be renumbered Setion 51-2-41.1 and 51-2-42 respectively; and said Chapter 2, of Title 51, relating to definitions be amended by ADDING a new Section 51-2-41.5 containing a definition of "planned unit development", which shall read as follows: Sec. 51-2-41. Parking Lot. * * * Sec. 51-2-41.1 Parking Space. * * * Sec. 51-2-41.2-4 (Reserved) Sec. 51-2-41.5. Planned unit development or "POD". "Planned unit development"or "POD" shall mean an integrated design for development of residential, commercial or industrial uses, or combination of such uses, in which one or more of the regulations, other than use regulations, of the district in which the development is to be located, is waived or varied to allow flexibility and initiative in site and building design and location, in accordance with an approved plan and imposed general requirements as specified in Section 51-6-10 of this title. A planned unit development may be: (1) the development of compatible land use arranged in such a way as to provide desirable living environments that may include private and common spaces for recreation, circulation and/or aesthetic use; (2) the conservation or development of desirable amenities not otherwise possible by typical development standards, (3) creation of areas for multiple use that are of benefit to the development. A planned unit development may include various design patterns, (e.g., attached or detached structures, community plans, or clustered developments) and ownership arrangements, (e.g., sole ownership and operation, condominiums or subdivision). -2- Sec. 51-2-42. Restaurant. * * * * * * SECTION 3. That Section 51-6-10 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to group or planned developments, be, and the same hereby is amended to read as follows: Sec. 51-6-10. Residential group or planned unit developments, exceptions for apartment and group dwellings. (1) Availability in specified districts. As a special exception to the zoning ordinances, the Board of Adjustment may, pursuant to this section, permit land in the following designated use districts to be used for residential planned unit developments, (including planned community apartments, condominiums or subdivisions of attached or detached structures) wherein individual residential buildings front on private roads or courts, and/or clustered developments which may front upon public roads. Both residential traditional planned unit developments "PUB(s)" or clustered developments may be considered as special exceptions to the permitted uses in the Preservation "P-1", Residential "R-1A", "R-1C", "R-2A", "R-4", "R-5" "R-6" and "R-7". No such development shall be approved unless the Board of Adjustment finds that such development is in accord with the general purposes and intent of the comprehensive zoning ordinances and other applicable ordinances of this City and that approval of the development is in the best interest of the community. (2) Application and review. Every request for approval of such special exceptions shall be accompanied by an application, proposed plans, and fees. Said application shall also require a declaration as to the type of ownership arrangement, (e.g., apartments, condominiums and/or subdivision) for which approval is desired. Compliance with this section in no sense excuses, releases or waives the applicant or owner from compliance with applicable requirements of this title, including Chapter 33 relating to condominiums, Title 5 relating to building codes, or Title 42, relating to subdivisions. Approval of a planned unit or group development under this provision shall only apply to modifications specifically approved in the terms of formal written approval. The approval shall he valid for a period of six months during which a valid building permit must he obtained. Renewal or extensions of plan approval by the Board of Adjustment or renewals or extension of expired building permits may be made in the discretion of either the Board of Adjustment or building official, as appropriate; however, no renewals or extensions on approvals or permits that have expired by their own language shall be given if subsequent changes in the zoning ordinance prohibit the use. (3) Non-residential concession in residential planned unit development(s). As part of a PUB or group dwelling development containing five (5) acres or more, the Board of Adjustment may authorize the use of a separate building within the project for retail services and concessions, solely for the use and convenience of -3- occupants of the development. Such commercial uses excluding professional services is intended to include only those other retail services and concessions which could be located in a Business "B-3" District and qualify as being for the use and convenience of the occupants of the Pon. (4) General, conditions. No such development shall be approved unless the Board of Adjustment finds the following general conditions and special condition of (5) are satisfied. (a) The entire group of structures as a unit shall be required to maintain one (1) front yard, one (1) rear yard and two (2) side yards, as specified for individual structures in the district in which the development is located; viz., group dwellings shall be considered as one building for the purpose of front, rear and side yard requirements. (b) Where the buildings front on a private street or court, a setback from the curb line of the private street or court of not less than twenty (20) feet shall be maintained. Where the structures front on a court, the court shall have a minimum width of forty (40) feet. (c) Off-street parking shall be required on a ratio of two (2) stalls to each dwelling unit. (d) No separate dwelling structures shall be closer to each other than twenty (20) feet in a Preservation "P-1", Residential "R-1A" "R-1C", "R-2A", "R-3A", "R-4" or "R-5A" District or fifteen (15) feet in a Residential "R-5", "R-6" or "R-7" District. (e) No dwelling or establishment shall have its front or rear door opening on a minimum required side yard. If the side yard is to be used for access to the unit, it must be at least twenty (20) feet in width with a minimum of eight (8) feet of landscaping along the property lines. (f) The concessions and services provided for the convenience of the occupants of the group dwelling project shall he located in one of the main buildings, as provided in Section 51-17-1 or, if located in a separate building, the building shall he located and designed as to be a part of the residential character of the development having the same outside appearance as the other structures in the development. No advertising signs or display windows shall be authorized. No advertising or promotion of the said concessions or services shall he made by any method to any persons other than those living in the development. (g) The Board of Adjustment may require additional conditions or restrictions as may be deemed necessary to protect the interests of the community and the abutting property owners and to provide for healthy and proper living conditions. The Board of Adjustment shall have the right to refuse approval of any application when, in its opinion, approval would not safeguard the character of the district in which the development is planned. -4- 1 (h) The Planning Commission shall review all applications and submit a recommendation to the Board of Adjustment before any application shall be approved by the Board of Adjustment. (5) Special provisions. In addition to the general conditions of (4) above, no PUD proposed in Residential "R-1A", "R-2A" or "R-4" Districts shall be approved unless the Board of Adjustment finds it also complies with the following special conditions in the respective districts: (a) In a residential "R-1A" District: (i) No building_ or structure shall be permitted closer than twenty (20) feet to the side property line from a boundary of the development. (ii) No building or structure shall exceed two (2) stories in height unless a proper showing is made to the satisfaction of the Board of. Adjustment that a higher structure would not unduly interfere with the view from the surrounding properties in a shadow depriving them of adequate light and air or in any way create an undesirable condition to adjoining owners, and the Board is satisfied that such higher structure is not inconsistent with the character of the district in which it is located. (iii) The density approved shall be in keeping with the area in which the proposed development is located; however, no approval shall be given to a development containing more than four (4) families to an acre. (iv) The development shall he on at least two and one-half (2-1/2) acres. (b) In a Residential "R-2A" District: (i) No building or structure shall be permitted closer than twelve (12) feet to the side property line from a boundary of the development. (ii) No building or structure shall exceed two (2) stories in height unless a proper showing is made to the satisfaction of the Board of Adjustment that a higher structure would not unduly interfere with the view from the surrounding properties, nor would it place adjoining properties in a shadow depriving them of adequate light and air or in any way create an undesireable condition to adjoining owners, and the Board is satisfied that such higher structure is not inconsistent with the character of the district in which it is located. (iii) The density approved shall be in keeping with the area in which the proposed development is located and must be such that no undue hardship is placed on the streets serving the area or on the neighborhood in which it is located. However, under no condition shall a density in excess of twenty (20) families per acre be authorized. (iv) All developments shall be on a plot of ground comprising at least two and one-half (2-1/2) acres. -5- ( 1 (c) In a Residential "R-4" District: (i) No individual building shall contain more than four. (4) dwelling units. (ii) No group development should be approved containing less than eight thousand (8,000) square feet of lot area for each four-family dwelling in the development. (iii) Off-street parking shall be required on a ratio of two (2) parking spaces for each unit in the development. (iv) No approval shall be given to a development containing less than two and one-half (2-1/2) acres. SECTION 4. In the opinion of the City Council of Salt Lake City, it is necessary to the peace, health and welfare of the inhabitants of Salt Lake City that this ordinance become effective immediately. SECTION 5. This ordinance shall take effect upon its first publication. Passed by the City Council of Salt Lake City, Utah, this 15th day of July , 1980. c{AIRMANa,,,_, -,66-' "- -,-.-L-----,,, ATTEST: LiC J //, ;e4ter a - CITY RECORDS Transmitted to Mayor on July 15, 1980 Mayor's Action: /fredea MAYOR ATTEST: 5 ,41-4-J0i ���///, �� CITY RECORDE5C (SEAL) C BILL NO. 77 of 1980 Published - July 30, 1980 -6- r'7 Affidavit of Publication STATE OF UTAH, ss. County of Salt bake._ I ORDINANCE vises Orddnanc s of Salt Labe°city,Utah,1965, s°arena . Shana D. Con aty 'elating to approval of planned that developments as subdiv;. sions;AMENDING Chanter 2of Title 51,relating to deliniticii: by renumbering Section 51-2-52 and 5I-2-42.1,relating to:IOW, hens of"parking space"and"restaurant:'and adding timer. to a definition of"planned unit developments":and AMENI. ING Section 51-6-10,rotating to planned unit developments , Being first duly sworn,deposes and says that he is legal s Ial exceVHuns to the zoning ordinance.SECTION1. hatSedl°n4Y9-2oftlhieRevisedlOrdlnte.nc advertising clerk of the DESERET NEWS, a daily cadon`In°plan City,Wan,pments amended, subbddivisionns,,"net°an°ill (except Sunday) newspaper printed in the English same hereby Is,amended to read as follows, language with general circulation in Utah, and Sec.a'-'-2.Modifications in Planned Unit De"°'npmenta. published in Salt Lake City, Salt Lake County, in the (1) General laevlew-Non.Subdivislon Develonme: theBoard'of Commission shall planned applications develsore State of Utah. and m end of:"mpg ordlnanr ins cni:%e iehhsi�e i�"Ttnr`sisoe modifications. e That the legal notice of which a copy is attached hereto develo)ne5l"'PUG",'Mat an of applications subdlvl sign of PUD Lois under this title,therf'lanninn Co',nmi• dInn shall review said anpllcalinn,oursea"1 la she Vruc': pub notice to amend an ordinance relating to ue governing subdivisions,but,in Its discretion,1' mend waiver of portions of the requirements of Ile.. title or Title 51 applicable to lot a size,minimum sit' yards,public.road dedication and minimum road irontau, terms or criteria set forth in dSectl°na51°-d.l"price planned unit developments as special exceptions purposes of the subdivision and zoning ordinances,Incl... no,but not limited to the following criteria: (a) The development bears approval from the to the zoning ordinance Board of Adi°stment In compliance with Title 51 for platting a subdivision of PUD Lots of im- proved nr untm"roves real property: ibl The approved development plan does not unmteplate the sulxllvision of vertical space Into its,(rather see condominiums): le)Devatopment,lc'-omenratioe orovldes an incur prorated entity as the borne owner „sedation which provides_ acce,I'' ovi•.-"•", ;n`n °ss'i."common waiiv was published in said newspaper on July 30, 1980 areas. ate, • 111 Relent ion In the entity for maintenance or repair n all ev.f,. building sot-a:es and/or elements,and common areas. beldesignedrfo able to function unimproved in , terms of hookup service to ur)lily supply lines such ,\ � /✓\..�.1 \` / "\ as water,gas,sew¢ etc. - /v (e)Each PUD Lot shall be designated on the plat i Legal Advertising Cle k as a"POD Lot."Improvements,including fences. • on b PUD Lots on plans approved by the Board t alrdy 'eioorrdrfruceorlteeInkepng constructed, terms of \ • approved plan. it)Each PUD Lot so subdivided shall contain the re inc this 6th day of required parking s within Its boundaries o the subdivision plat shall permanently designate such parkins pace upon common or limited A D 1 1J!1 FjQ c en° nronorty. the required seetbacksitorl IRrrproloct as°oee"n spat es. SEGTina 2.That It Lake City,2.a 5965,as at the Re- vised ordinanes of Salt Lake City,ct"h,d't as amnt"be - relating definitions 5l"parking1.1a spat-2-4 and"restaurant""be .H jF:�4:-: ,�z... renumbered Section 5;,,:elati g to definbions"hee"amended Notary Public saidy ADDING a new Section 51-2.41.5 containing a definition of "planned unit development",which shalt read as follows: Sec.51-2 M.Parking Lot.••• Sec.51.2-41.1 Parking Space.••• Sec.51-2-41.2-4(Reserved) Sec.,5t-2-4r.S. Planned It development "PUD". "Planned nit development"or 'PUD"shall meanan integrated design for development at residential,commer- cial h uses,in which one or more ofus°the re or gulations,othon er than use regu- lotions,of the district In which the development Is to be located,is waived or varied to allow flexibility and initia- tive in site and building design and location,In accor- dance with an approved plan and Imposed general regul- ments as specified In Section 51-6-10 of this title.A planned unit development may be:(1)the development of despatible land use arranged In such a way as to provide irable living environments that may loclude private and< spaces for recreation,circulation and/or aesthetic use;(2)the conservation or development of de. sirahle amenities not otherwise possible by typical devel- opment standards,Ill creation of as for multiple use that a et of bedit to the development.A planned unit development may include various design patterns,(e.g., attached 6r detached structures,c unity plans,o clustered developments) and ownership arrangements, (ebdlvislon)ownership and operation,condominiums or Sec.51-2-42.Restaurant.•1. SECTION t.That Section 51-6-10 of the Revised Ordinanc- es or planned developyments,be,ands the same hereby Is t amend- ed to read as follows: me ts°exceptionsRforraeaetm'eni and arose dwellingsr develop- . nfion Availability 'thel zon In ing specified ordinances,the hoard As a of Aalustmen• may, pursuant diistellcts of b"e u used f r residential nd In the planed manta°condominiums(including ubdloltlons ofo community or d:. tached structures)wherein Individual residential buildings front on private roads or taut is,and/or clustered develop- ents vdrlcn may Rant upon public roads.Both residential traditional planned unit developments"PUD(s)"or clus- tered developments may be C nsldered as seeCiel 0 tee- flops tc the permitted uses In the Preservation P-1", Residential"R-IA","R-1C","R-2A", and"R-2".No snob,,.'evelnnmanl shall be approved unto."" I the Board of the gemenl finds That such development Is In accord with the general purposes and Inapt of the corn- erenenslve zoning ordinances and other applicable andl- naes of this CIte arid that approval of the tlevooeno Is in fh best Interest of file community. le)Application and review.Every request for approval of such special exceptions shall be accompanied by an coon- cation,p u.;ped plans,and lens.Said nnpliration Shall I (c)In a resid en)ial"R-'."DIefrlci.: also requirei a declaration as to the type of ownership (i)No inelvideel/wilier,shall contain more than e t, (e.g., apartments, condominiums d/or four(el Lwelgr4 Sce,: srbdlivisrionl)far which approval IS tl+sirea Compliance (ii) No group I.;eiepment should be proved with this section In n sense excuses,re teases or waives c0 taming,less than eight thousand BLOOM)square the applicant ni ownerfrom co/reliance with a lotrr ble • "et of lot area for each four-family dwelling in the Hint. t tl I f 11 d Chapter J I tI t9 to development. 0 e _._.l_ rrlefieg 1 lit 0 ei.1 nr Title Grit Offsfreet parking shall be required on a ratio a2,reettiiiiito iideliveeio.,.Aim.m,e1 et a eiantied II or I two(2)parking spaces for each unit In the V d I l.- shall only Tlv to development OdIN0-.eBeris ape gill atememei in the terms Of Ferrnal (iv)No approval shot lee given to a development s wino approval.The approval shall he valid fora period containing less than two and one hall(2-1/2)awes ot dieing w Six months ahichv a valid bghdl,permit must be obtained.Renewal or extensions of Plan approval by SECTION a,In the opinion of the City Council of Salt Lake the Board of Adiustment or renewals or extension of ex- City,it Is necessary to the a health and welfare of the plead building permits may be made in the discretion of inhabitants of Salt Lake City that this ordinance become effec- ither the Board o1 Adiustment or building°Nichol,as five Immediately. appropriate,however,no renewals or extensions on ap. SECTION 5.This ordinance shall fake effect upon Its first • erovals or c shall be even that lsubseqexpired entic angesfIni the zunli, publication. Passed by the City Council of Salt Lake Clty,Utah,this ordinance prohibit the use. 15th day of July,1900. RONALD J.W HITEHEAD (l)Non-residential cone s Ion In residential planned unit I CHAIRMAN develoement(e).As port a PUD or group dwelling de- ATTEST: velopment containing five(5 acres more,the Board of Adiustment may authorize the use of a separate building MILDRED V.NIGHAM within the project for retail services and concessions,sale- CITY RECORDER Iv for the use and convenience of occupants of the develop. 1 Transmitted to Mayor on July 15,1900 meet.Such commercial S),excluding professional se- Mayor's Action TED L.WILSON vices Is intended to Include only those other retail services MAYOR and concessions which cupid to nnlocated inn Business"B- lip District the ee Men for the use and conva- AT COST: n n MILDRED V.NIGHAM (s) General en. cr ditlons. No-.mull development shall be .CITY RECORDER approved unless�ine Board or,,dlustment finds the fallow- ing general condiilulis end neecial condition of(5)are I(SEAL) w satisfied. P BILL NO.11ul 300 (e)the entire paint of nn(1)fro is a d shall(II Published,July 91,1900. be reyardtd (2)Sid a ar s,as yard,one tot -- ---- — - -- _—_ rear yard andr two(1)side ydis as l the development t Is located; ocal Inthe district in which the bevclopmere is locate; ild,g tnr t dwellings shall front,considered as one ouseddilequi building purpose of (hi Where the buildings front on a private street or court,a setback from tha curb line of the eel' feet shallf or court t less then I front on a court,the ccUnt shall have a minimum width of forty(a0)feet. ni t°ojai sets 10 to el rn:hanlliraruglr red on a ratio (d)Neach Bother th n twenty structures snap be serva- toeach other than Nulty-lA feet in a Preserva- tion d",",l0"or "R- ''District ct or fifteen een i15 Rt Resl or'R "Rlct or I"R-7"()SS tee}In a Residential"R-5","Rd"or"R1"Dis- trict. (e)No dwelling or establishment shall have Its front or re Ir door sideening an a minimum required sss to the snit,It must be al least twenty Is to be used(20)feefor t In width with a minimum of eight(0)feet of land- scauing along the property fines. If)The concessions and services provided for the pe ience of the occupants of the group dwelling rotect shall bb located In one of the main build- ings,as provided in Section 51-17-1 or,If located In a separate bundles),the building shad tie located end characterr of Inc development igned to be a part having residential samet outside a as the other structures In the development_ No a advertising signs on display windows shall be authorized. No advertising or promotion of the said concessions or services shall thou IrvingyInihedevelopmenr persons owner than (g)The Board of Adlustrnent may require addi- tional conditions or restrictions an may ho deemed necessary to proter:I the interests of the comment- laad the'4rpltng proeerty owners and to pro. vide to healthy lstn uthn0ilrorfwofAd and proper have e�e eeproval of any application when,in its oplydon, a trlcla niwhllh tlln urvdlonment lscvlanical Of the (h) he Planning Commission shall viewall an pllcatlans and submit a metldatlon to he Board of Adiustment before any application shed be approved by the Board of Adiustment. tie)n Special()above.n.o.In PUD proposedos to IneResidential condi- tion,Board of Adlusstmennt sfindss It alsoccorbe pplies withroved ess the following special conditions in the respective districts: (alto a residential"R-IA"District: closerN°than building nty(or structure shall be 20)feet to the de property hoe from a boundary of the development. DI)No building or structure shall exceed two(2) stories In height unless a proper showlna Is made. to the satisfaction of the Board of Adiustment that a higher structure would not unduly interfere with shadow wdeprrivingnthemr roof a dequateolighties In a and air TIn onv way create an undeslable condition to dloinina owners,and the Board Is satisfied that chariachigher rh of structure district In which It Isl Inconsistent the (ill)The density which approved prohall be In keeping posed development with is located a however,no approval shall be given to a develoan acrecontaining more than four(a)to faml- (Iv)-Thl(he shall be on et least two and (RI In a Residential"R.2A"District: III No building or structure shall be permitted line fromh than thfeet a to the sidepeoperty nu hio building or structure shall exceed two(2) Tories In height unless a°roper showing Is made to the satisfaction of the Board of Adiustment that inigher structure would not unduly Interfere with I ho view from the urroun g properties, e deepri id ngthemPtpdequaterllighttandlairorinane way create an undesirable corwdion to adloining owners,and the Board Is satisfied that such higher trhe Is not inconsistent wlfh the character of he dyytekt In which It is locatd. Hii)lice decode approves shalt be In keepiftg prim heated t4 muse be suoh thpaf no Undue hardship a laced on the sleets serving the area or on the under no o iti whim B is I«atd.excess o Orr on en shall a density In excess f Merry(t0)(lollies per acre be aulhoriryd. (iv)compArlIsl least Iwosand one-half(21/2)facres.