HomeMy WebLinkAbout09/21/2021 - Work Session - Meeting MaterialsCITY COUNCIL OF SALT LAKE CITY
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COUNCIL STAFF REPORT
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM:Brian Fullmer, Policy Analyst
DATE:September 21, 2021
RE: ORDINANCE TO VACATE A PORTION OF H STREET
ADJACENT TO THE PROPERTY AT 538 EAST 14TH AVENUE
(PLNPCM2018-00561)
ISSUE AT-A-GLANCE
The Council will be briefed about a proposal to vacate the public right-of-way (park strip) on the H Street side
adjacent to the home located at 538 East 14th Avenue.
In 2006 applicants Justin and Jodi Miller received a revocable permit from the City allowing them to replace a
fence encroaching into the public right-of-way on the east side of their lot. At the time, these permits were no
cost and for a ten-year period. When the permit expired the applicants learned the City changed its policy
regarding exclusive use of City property to align with State statute and is now charging for this use. The
applicants were offered terms to lease the City right-of-way. Rather than enter into a lease agreement, the
applicants are requesting the City vacate the subject right-of-way and sell it to them at fair market value.
The applicants originally submitted an application to purchase an area measuring 22.5’ by 50’ (1125 square feet)
which is enclosed by their fence as shown in the image below. During City department reviews, the Engineering
and Transportation divisions advised against selling land that would preclude the City from installing a sidewalk
in the park strip on the east side of the applicants’ property at some point in the future. Both divisions would
support the vacation if six feet measured from the back of the curb was reserved for this potential future use.
This would result in an area 16.5’ x 50’ (825 square feet) being vacated (also shown in the image below). The
applicants agreed and reduced the area they are requesting to be vacated.
During the April 10, 2019 Planning Commission meeting, Commissioner Lyon made a motion adding a request
that the City Council and staff explore the possibility of vacating the original area requested (1,125 square feet
versus 825 square feet) and placing an easement over the area where the City may, at some point, construct a
sidewalk on the west side of H Street. This would allow the applicants to retain their existing fence and
Item Schedule:
Briefing: September 21, 2021
Set Date: September 21, 2021
Public Hearing: October 19, 2021
Potential Action: November 9, 2021
Page | 2
landscaping until the City chose to add a sidewalk. Commissioner Lyon stated the Commission would also
support the request to vacate a revised area of 825 square feet.
Council staff checked with the Attorney’s Office about placing an easement over the potential sidewalk area.
They indicated that, while unusual, the Council could include an easement on the property reserving the right to
build a sidewalk at some point in the future as a condition of vacation. Under such an agreement, the existing
fence and landscaping could remain in place until the City chose to install a sidewalk in this location. However,
the Attorney’s Office recommended the Council not impose the condition. They stated the easement would
create a right to public to use and the public would have the right to conduct First Amendment expressive
activities behind the property owners’ fence. As owners of the property, the applicants would pay taxes on the
subject property if approved by the Council. An email outlining the Attorney’s Office concerns is included as
attachment A to this memo.
If either the 825 or 1,125 square foot vacation is approved by the City Council, the applicants would purchase the
land at fair market value.
The Planning Commission was supportive of either the 825 or 1,125 square foot closure area depending on the
Council’s decision whether to include an easement for a potential future sidewalk. The Commission forwarded a
unanimous positive recommendation to the City Council.
Current encroachment area outlined in yellow.
Proposed boundary shown in red.
Goal of the briefing: To review the proposed street closure, address questions Council Members may
have and prepare for a public hearing.
Page | 3
POLICY QUESTIONS
1. Is the Council supportive of closing the subject section (park strip) of H Street?
2. If so, does the Council support closing the larger, 1,125 square foot or smaller 825 square foot area?
ADDITIONAL INFORMATION
Attachment D of the Administration’s transmittal (pages 25-26) is an analysis of factors related to the City’s
street closure policy. A summary is provided below. For the complete analysis, please refer to the transmittal.
It is the policy of the City Council to close public streets and sell the underlying property.
The Council does not close streets when the action would deny all access to other
property.
o Finding: The proposed vacation would not deny vehicular or pedestrian access to any adjacent
properties.
The general policy when closing a street is to obtain fair market value for the land,
whether the abutting property is residential, commercial or industrial.
o Finding: The City would give up ownership of this property and obtain fair market value for
sale of the property to the applicant.
There should be sufficient public policy reason that justify the sale and/or closure of a
public street and it should be sufficiently demonstrated by the applicant that the sale
and/or closure of the street will accomplish the stated public policy reasons.
o Finding: The proposed right-of-way vacation does not conflict with the Avenues Master Plan,
but does not result in a direct public benefit as outlined in the Salt Lake City Urban Design
Element. However, the Administration stated the property isn’t needed for a public purpose and
the City will benefit from the land sale, proceeds from which will go to the General Fund.
The City Council should determine whether the stated public policy reasons outweigh
alternatives to the closure of the street.
o Finding: Alternatives to the requested vacation maintain City ownership and require the
applicant to enter into a lease agreement for the encroachment, or relocate the existing fence
and landscaping in the park strip area. Planning staff found the right-or-way is very wide in this
portion of the upper Avenues, which does not experience significant traffic volume. They
suggest it is unlikely this portion of H Street will ever need to be widened. In addition, the City
would reserve a 6 foot section in the event a sidewalk is constructed at some point. Aerial
images show improvements encroached into this area for at least 20 years. The City now has an
opportunity to benefit financially from this occupation.
PUBLIC PROCESS
A notice of the petition and request for review was emailed to the Greater Avenues Community Council
Chair August 10, 2018. No response was received.
Letters were mailed to nearby property owners and tenants August 10, 2018. One inquiry was received
by Planning staff, but no comment was provided.
The Planning Commission held a public hearing April 10, 2019. No public comments were provided at
the hearing. The Commission voted unanimously to forward a positive recommendation for the street
closure, with a suggested option to sell the full, originally requested area as noted above.
STREET CLOSURE PROCESS
Street closure process is dictated by Section 10-9a-609.5 Utah State Code which is included below for reference.
10-9a-609.5. Petition to vacate a public street.
Page | 4
(1)In lieu of vacating some or all of a public street through a plat or amended plat in accordance with
Sections 10-9a-603 through 10-9a-609, a legislative body may approve a petition to vacate a public street in
accordance with this section.
(2)A petition to vacate some or all of a public street or municipal utility easement shall include:
(a)the name and address of each owner of record of land that is:
(i)adjacent to the public street or municipal utility easement between the two nearest public street
intersections; or
(ii)accessed exclusively by or within 300 feet of the public street or municipal utility easement;
(b)proof of written notice to operators of utilities located within the bounds of the public street or
municipal utility easement sought to be vacated; and
(c)the signature of each owner under Subsection (2)(a) who consents to the vacation.
(3)If a petition is submitted containing a request to vacate some or all of a public street or municipal utility
easement, the legislative body shall hold a public hearing in accordance with Section 10-9a-208 and
determine whether:
(a)good cause exists for the vacation; and
(b)the public interest or any person will be materially injured by the proposed vacation.
(4)The legislative body may adopt an ordinance granting a petition to vacate some or all of a public street or
municipal utility easement if the legislative body finds that:
(a)good cause exists for the vacation; and
(b)neither the public interest nor any person will be materially injured by the vacation.
(5)If the legislative body adopts an ordinance vacating some or all of a public street or municipal utility
easement, the legislative body shall ensure that one or both of the following is recorded in the office of the
recorder of the county in which the land is located:
(a)a plat reflecting the vacation; or
(b)(i)an ordinance described in Subsection (4); and
(ii)a legal description of the public street to be vacated.
(6)The action of the legislative body vacating some or all of a public street or municipal utility easement that
has been dedicated to public use:
(a)operates to the extent to which it is vacated, upon the effective date of the recorded plat or ordinance, as
a revocation of the acceptance of and the relinquishment of the municipality's fee in the vacated public
street or municipal utility easement; and
(b)may not be construed to impair:
(i)any right-of-way or easement of any lot owner; or
(ii)the rights of any public utility.
(7)(a)A municipality may submit a petition, in accordance with Subsection (2), and initiate and complete a
process to vacate some or all of a public street.
(b)If a municipality submits a petition and initiates a process under Subsection (7)(a):
(i)the legislative body shall hold a public hearing;
(ii)the petition and process may not apply to or affect a public utility easement, except to the extent:
(A)the easement is not a protected utility easement as defined in Section 54-3-27;
(B)the easement is included within the public street; and
(C)the notice to vacate the public street also contains a notice to vacate the easement; and
(iii)a recorded ordinance to vacate a public street has the same legal effect as vacating a public street
through a recorded plat or amended plat.
Attachment A
From: Nielson, Paul
Sent: Thursday, September 02, 2021 4:08 PM
To: Fullmer, Brian <Brian.Fullmer@slcgov.com>; Crump, Olga <olga.crump@slcgov.com>;
Garback, Robert <Robert.Garback@slcgov.com>
Page | 5
Cc: Rip, Daniel <Daniel.Rip@slcgov.com>; Finan, Shellie <Shellie.Finan@slcgov.com>
Subject: RE: 538 East 14th Avenue
Apologies to all for my office letting this get stale. In conversations I had with an attorney in my
office who formerly represented Real Estate Services, we agreed that the suggestion made by a
planning commission member to vacate the portion of the street and have the city retain an
access easement behind the fence would be problematic. A public access easement would not
only create the right to use by the public, but also would be an area where the public would have
the right to conduct First Amendment expressive activities. You can imagine how problematic it
would be if members of the public claimed they were being deprived of a right to engage in First
Amendment activities in an area behind a fence.
While I recognize that the planning commission member who suggested the idea of conditioning
the partial street vacation on the city receiving a public access easement was trying to offer a
helpful solution, I would strongly recommend that the council not impose that condition if it
were to approve the partial street vacation for the concerns expressed herein regarding potential
impingement of First Amendment rights.
Thanks.
Paul C. Nielson
Senior City Attorney
801.535.7216
IMPORTANT: E-mail from the City Attorney's Office is likely to contain confidential and privileged
material for the sole use of the intended recipient. The use, distribution, transmittal or re-transmittal
of any such communication is prohibited without the express approval of the City Attorney or a Deputy
City Attorney in writing or by e-mail. If you are not the intended recipient, please contact the sender
and delete all copies.
routed the proposal out for review by City Divisions, Engineering and Transportation both
suggested that they could support the vacation if 6 feet (6’) of width was reserved for a potential
future sidewalk. The applicants agreed to amend their request to accommodate those comments,
resulting in a revised area that measures 16.5 feet wide by 50 feet long, or 825 square feet. This
would require them to remove all fencing and landscaping that falls within 6’ of the back of the
curb on H Street.
At the Planning Commission meeting on April 10th, 2019, Commissioner Lyon made a motion to
make a positive recommendation to Council to approve the street vacation. He added a request
that Council and Staff explore the option of vacating the entire area of encroachment (1,125
square feet versus 825 square feet), and placing an easement over the area where the City would
like to reserve the right to build a sidewalk in the future. Under this scenario, the existing fencing
and landscaping could remain in place until the City chose to add a sidewalk along the west side
of H Street. Commissioner Lyon indicated that if this easement option was found to be
unfeasible, the Commission supported the original requested vacation area of 825 square feet.
If approved by the City Council, 825 – 1,125 square feet of the park strip would be vacated,
declared surplus property, and sold to the applicants for a fair market value. The subject property
and adjacent lots are zoned SR-1A Special Development Pattern Residential District with the
exception of Kay Rees Park to the north, a City-owned park that is zoned FR-3 Foothills
Residential District.
MASTER PLAN POLICIES
The proposal’s compliance with applicable City master plans are evaluated on page 3 of the
Planning Commission Staff Report (Exhibit 4B). The Avenues Master Plan (1987)does not
include any specific policies related to street vacations or the sale of City-owned property to
private property owners, but a section on Bicycle Paths and Pedestrian Circulation identifies all
of H Street as a potential urban trail corridor. Staff finds that the amended request to allow for
the potential future construction of a sidewalk on the west side of H Street is in accordance with
objectives outlined in the Master Plan.
The Salt Lake City Urban Design Element (1990) includes a section titled Street as Elements of
Open Space, with a Policy Concept that states, “Decline to vacate streets, alleys, and other public
right-of-way unless it is demonstrated that the vacation will result in a public benefit.” Though
this proposal does not violate public policies, it does not have a stated public benefit. However,
the property isn’t needed for a public purpose, and the City would benefit financially from the
sale of the land—proceeds would be placed in the General Fund.
PUBLIC PROCESS:
A notice of petition and request for review was emailed to the Greater Avenues
Community Council Chair on August 10
th, 2018. No response was received.
Letters were mailed to nearby property owners and tenants on August 10th, 2018. One
inquiry was received, but no comment was provided.
The Planning Commission held a public hearing on April 10th, 2019, and voted
unanimously to forward a recommendation to vacate the subject area. No public
comments were provided at the hearing.
RELEVANT ORDINANCES:
Utah State Code §10-9a-609.5 establishes the power for cities to vacate streets upon the
request of the governing body of a property owner.
The decision to vacate a street is a matter committed to the legislative discretion of the City
Council and is not controlled by any one standard. The City Council adopted a street closure
policy in 1999. These policies were evaluated in the Planning Commission Staff Report and
considered by the Planning Commission. Analysis and Findings can be found on pages 2-3 and
9-10 of the Staff Report dated April 10th, 2019 (Exhibit 4B).
EXHIBITS:
1. Ordinance
2. Project Chronology
3. Notice of City Council Hearing
4. Planning Commission – April 10th, 2019 Public Hearing
A) Public Hearing Notice
B) Staff Report
C) Agenda and Minutes
5. Original Petition
TABLE OF CONTENTS
1. ORDINANCE
2. PROJECT CHRONOLOGY
3. NOTICE OF CITY COUNCIL HEARING
4. PLANNING COMMISSION – APRIL 10, 2019 PUBLIC HEARING
A. PUBLIC HEARING NOTICE
B. STAFF REPORT
C. AGENDA AND MINUTES
5. ORIGINAL PETITION
1. ORDINANCE
2. PROJECT CHRONOLOGY
PROJECT CHRONOLOGY
Petition: PLNPCM2018-00561
August 1, 2018 Petition PLNPCM2018-00561 assigned to Ashley Scarff, Principal
Planner, for staff analysis and processing.
August 10, 2018 Email sent to Recognized Community Organizations informing them of
the petition.
August 10, 2018 Letters sent to nearby property owners and tenants informing them of the
petition.
March 27, 2019 Planning Commission hearing notices posted on City and State websites
and Planning Division list serve.
March 29, 2018 Public hearing notice sign posted on property.
April 10, 2019 Planning Commission reviewed the petition and held a public hearing.
The commission voted unanimously to send a positive recommendation to
the City Council.
April 24, 2019 Ordinance requested from City Attorney’s office.
April 29, 2019 Transmittal was sent to the CAN Acting Director for review.
3. NOTICE OF CITY COUNCIL HEARING
NOTICE OF PUBLIC HEARING
The Salt Lake City Council is considering Petition PLNPCM2018-00561 Street Vacation –
A request by Justin and Jodi Miller for the vacation of a portion of public right-of-way that abuts
their property at 538 E. 14th Avenue. The purpose of the vacation is to reconcile the location of
fencing and landscaping within the park strip. If approved by the City Council, approximately
825 – 1,125 square feet of the park strip would be vacated, declared surplus property, and sold to
the applicants for a fair market value.
As part of their study, the City Council is holding an advertised public hearing to receive
comments regarding the petition. During this hearing, anyone desiring to address the City
Council concerning this issue will be given an opportunity to speak. The hearing will be held:
DATE:
TIME: 7:00 p.m.
PLACE: Room 315
City & County Building
451 South State Street
Salt Lake City, Utah
If you have any questions relating to this proposal or would like to review the file, please call
Ashley Scarff at 801-535-7660 between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday or via e-mail at ashley.scarff@slcgov.com.
The City & County Building is an accessible facility. People with disabilities may make requests
for reasonable accommodation, which may include alternate formats, interpreters, and other
auxiliary aids and services. Please make requests at least two business days in advance. To make
a request, please contact the City Council Office at council.comments@slcgov.com, 801-535-
7600, or relay service 711.
4. PLANNING COMMISSION
A. PUBLIC HEARING NOTICE
4. PLANNING COMMISSION
B. STAFF REPORT
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 406 WWW.SLCGOV.COM
PO BOX 145480 SALT LAKE CITY, UT 84114-5480 TEL 801-5357757 FAX 801-535-6174
PLANNING DIVISION
DEPARTMENT of COMMUNITY & NEIGHBORHOODS
Staff Report
To: Salt Lake City Planning Commission
From: Ashley Scarff, (801) 535-7660or ashley.scarff@slcgov.com
Date: April 10
th, 2019
Re: PLNPCM2018-00561: Street Vacation (park strip) near 14
th Avenue & H Street
Street Vacation
PROPERTY ADDRESS: 538 E. 14th Avenue (address of applicant)
MASTER PLAN: Avenues Master Plan
ZONING DISTRICT: SR-1A Special Development Pattern Residential District
REQUEST: Justin and Jodi Miller, owners of 538 E. 14th Avenue, are requesting that Salt Lake City
vacates a portion of public right-of-way (park strip) that abuts their property. In 2006, the applicants
received a Revocable Permit from the City that allowed them to replace a fence that encroached into
the right-of-way on the east side of their lot—the permitted encroachment was cost-free and good for
ten (10) years. When the permit expired, the applicants found that the City had changed the policy
related to encroachments onto public property, and would now charge them to lease the right-of-way.
Instead of entering a lease agreement, the applicants chose to request that the City vacate and sell the
area of encroachment. If approved by the City Council, approximately 850 square feet of the park strip
would be vacated, declared surplus property, and sold to the applicants for a fair market value. The
subject property and adjacent lots are zoned SR-1A Special Development Pattern Residential District
with the exception of Kay Rees Park to the north, a City-owned park that is zoned FR-3 Foothills
Residential District.
RECOMMENDATION: Based on the information in this staff report, Planning Staff recommends
that the Planning Commission forwards a positive recommendation to City Council for the request to
vacate this portion of right-of-way adjacent to 538 E. 14th Avenue.
ATTACHMENTS:
ContextMaps
SitePhotographs
Application Materials
Analysis of Standards
Public Process and Comments
Department Review Comments
1
BACKGROUND
In the submitted narrative (Attachment C), the applicants claim that in 2004 when they purchased
their home at 538 E. 14th Avenue there was a chain-link fence installed near the southeast corner of the
lot. In 2006, they applied for a building permit to replace the chain-link fence with a cedar fence. It
was at this time that they learned that the fenced-off area in their yard included a portion of City-owned
right-of-way. They were directed to apply for, and were granted, a Revocable Permit to legalize the
encroachment. The permit was good for a ten (10) year period and there were no costs associated with
it.
In the spring of 2018, City Real Estate
Services staff realized that the Millers’
Revocable Permit had expired, and
notified them that they needed to renew
it. By this time, the City had changed
their policy, and had begun to charge
residents to lease portions of the right-
of-way for encroachments. The Millers
chose to request that the City vacate and
sell them the portion of right-of-way that
they occupy, rather than enter a lease
agreement for it.
SCOPE OF REQUEST:
The applicants are requesting the
vacation of a portion of park strip that
abuts their property at 538 E. 14th
Avenue. Existing improvements (6-foot
fence, landscaping)currently occupy an
area that measures approximately 23
feet wide by 50 feet long, or about 1,150
square feet. When Planning Staff routed
the proposal out for review by City
Divisions, Engineering and
Transportation both suggested that they could support the vacation if 6 feet (6’) of width was
reserved for a potential future sidewalk. The applicants agreed to amend their request to
accommodate those comments, resulting in an area that measures approximately 17 feet wide by 50
feet long, or about 850 square feet. If the vacation is approved by the City Counciland the City sells
the property, the applicants would need to remove all fencing and landscaping that falls within 6’ of
the back of curb on H Street.
On this section of H Street, the right-of-way is approximately 84 feet wide, measured from front
property line to front property line(the street itself is approximately 32 feet wide). There is a nearly
continuous sidewalk on the east side of H Street for many blocks, but almost no sidewalks present on
the west side of the street. The area is not part of a subdivision. If approved by Council, the applicant
will be required to pay fair market value for the land. At the time that this report was published, Salt
Lake City’s Real Estate Services Division (part of Housing and Neighborhood Development)
estimated that 850 square feet of City-owned property would cost $23,995.50 ($28.23/sf).
KEY CONSIDERATIONS:
Important considerationslisted below have been identified through the analysis of the project.
1.Utah State Code:Section 10-9a-609.5 of the Utah Code Annotated establishes the power for
cities to vacate streets upon the request of the governing body or a property owner. The City
Council must determine that good cause exists for the vacation, and neither the public interest
nor any person will be materially injured by the vacation. Aerial imagery shows that
Current area of encroachment
Proposed edge of vacation(approx.)
17 ft.
6 ft.
2
encroachments consisting of accessory structures and fencing have existed in this portion of
right-of-way since at least 1999. Owners of 538 E. 14th Avenue have been utilizing this area that
is fenced off from public use for at least 20 years, and Staff finds that a transfer to private
ownership would not be detrimental to public interest, especially since it would result in the
applicant compensating the City for the property at a market rate.
2.City Council Policies: In 1999, the City Council adopted a street closure policy, which
applies to street vacations. See Attachment D.
3.City Master Plans: The Avenues Master Plan (1987) does not include any specific policies
or action items related to street vacations or the sale of City-owned property to private property
owners. A section on Bicycle Paths and Pedestrian Circulation identifies all of H Street as a
potential urban trail corridor, which the plan describes as bicycle paths and/or pedestrian trails
that provide access to schools, parks, and open space amenities in the community, as well as
major nearby destinations like the State Capitol, downtown, and Ensign Peak. The plan states
that these corridors should receive priority for sidewalk installation or improvement.
Currently, much of the east side of H Street contains sidewalks, while not many exist on the
west side of the street. Even so, the applicants have agreed to amend the original vacation
request to accommodate a potential future sidewalk on the west side of H Street—Staff finds
that the amended request supports this section of the Avenues Master Plan.
The Salt Lake City Urban Design Element (1990) includes a section titled Street as Elements
of Open Space, with a Policy Concept that states, “Decline to vacate streets, alleys, and other
public right-of-way unless it is demonstrated that the vacation will result in a public benefit.”
Though this proposal does not violate public policies, it does not have a stated public benefit.
However, the property isn’t needed for a public purpose, and the City would benefit financially
from the sale of the land—proceeds would be placed in the General Fund.
DISCUSSION:
The proposal has been reviewed according to Utah State Code, the City Council policies regarding
street closures (Attachment D), and applicable city master plans, and staff finds that although there
are no public policies that will be explicitly accomplished with the partial street vacation, it does not
violate any public policies. Further, the city will benefit financially from the sale of the property to the
applicant.
NEXT STEPS:
With a recommendation of approval or denial of the street vacation from the Planning Commission,
the proposal will be sent to the City Council for a final decision by that body.
3
ATTACHMENT A: CONTEXT MAP
14th Ave.
Kay Rees Park
Applicants’
property
4
ATTACHMENT B: SITE PHOTOGRAPHS
View of subject area from the north—if vacation is approved, applicants
would need to remove all encroachments that fall within 6 feet of the back
of curb.
View of subject area from the south
5
ATTACHMENT C: APPLICATION MATERIALS
6
7
8
ATTACHMENT D: ANALYSIS AND FINDINGS
In 1999, the City Council adopted a street closure policy that includes the following
provisions:
1. It is the policy of the City Council to close public streets and sell the
underlying property. The Council does not close streets when the action
would deny all access to other property.
Analysis: The portion of right-of-way that the applicants have requested the City vacate
does not contain any vehicular access ways—it is a part of the park strip that has been
surrounded by a 6-foot fence for at least 10 years.
Finding: The proposed vacation would not deny vehicular or pedestrian access to
any adjacent properties.
2. The general policy when closing a street is to obtain fair market value
for the land, whether the abutting property is residential, commercial
or industrial.
Analysis: If approved by the City Council, approximately 850 square feet of right-
of-way would be declared surplus and sold at a fair market value to the applicant.
Finding: The City would give up ownership of this property and obtain fair market
value for the sale of the property to the applicant.
3. There should be sufficient public policy reasons that justify the sale
and/or closure of a public street and it should be sufficiently
demonstrated by the applicant that the sale and/or closure of the street
will accomplish the stated public policy reasons.
Analysis: As outlined in the ‘Key Considerations’ section above, the Avenues
Master Plan (1987) does not include any specific policy direction when it comes to
the vacation of City-owned right-of-ways. However, H Street is identified as a
potential urban trail corridor, meant to facilitate bicycle and pedestrian connections
throughout the community. Staff finds that the amended request, which provides
adequate space for the City to construct a sidewalk in the future, supports this
section of the Master Plan.
The Salt Lake City Urban Design Element (1990) indicates that the City should
decline to vacate right-of-ways unless it will result in a public benefit. While there is
no direct public benefit that would be gained, the City would benefit financially from
the sale of the property to applicant.
Finding: The proposed right-of-way vacation does not conflict with the Avenues
Master Plan but does not result in a direct public benefit per the Salt Lake City
Urban Design Element. However, the property isn’t needed for a public purpose and
the city would benefit from the sale of the land the proceeds from which would go
into the General Fund.
4. The City Council should determine whether the stated public policy
reasons outweigh alternatives to the closure of the street.
Analysis: As an alternative to the proposal, the City and applicant could enter into
9
a lease agreement for the land occupied by and enclosed by the fencing and
landscaping. All maintenance of the subject property would be by the lessee (the
applicants) subject to required permits for any work. In exchange for exclusive use of
the subject property, the lessee (the applicants) would be required to pay annual rent
based on fair market value.
A second alternative is for the applicants to remove the fencing and landscaping
from the public right-of-way. This would involve re-locating the fence so that it is
entirely on private property, and landscaping the park strip in a way that complies
with the Zoning Ordinance.
Finding: Alternatives to the requested vacation maintain City ownership of the
850 sf portion of public right-of-way and require the applicant to either enter into a
lease agreement for the encroachment or re-locate the fence and landscape the park
strip. From a Planning perspective, Staff finds that the right-of-way is very wide in
this portion of the upper Avenues, which doesn’t experience a lot of vehicular traffic.
For these reasons, it is highly unlikely that this portion of H Street will ever need to
be widened. In addition, 6 feet (6’) of width would be reserved in case the City ever
decides to construct a sidewalk on the west side of the street. Aerial imagery shows
that there have been improvements that encroach into/prevent access to the public
right-of-way in this area for 20+ years, and the City now has an opportunity to
benefit financially from this occupation.
10
ATTACHMENT E: PUBLIC PROCESS AND COMMENTS
Public Notice & Comments
August 10, 2018 – Notice of the project was provided to the Greater Avenues Community
Council Chair. No response was received.
o On this date, letters were also mailed to property owners and residents within a 300
foot radius of the site. One neighbor called with general questions about the street
vacation process, but he did not provide any comments.
March 27, 2019 – Public hearing notices mailed for the Planning Commission meeting /
Notice also posted on City & State web sites and emailed to Planning Division list serve
March 29, 2019 – Public hearing notice sign posted at subject property
At the time that this report was published, no other public comments had been received. If
any are submitted after this date, they will be forwarded to the Commission and included in
the public record.
11
ATTACHMENT F: DEPARTMENT REVIEW COMMENTS
Real Estate Services: The only comment RES has is the fee. Since this process takes a while to
complete, we will be selling the land at current market value at time of disposition. Right now the 850
sq. ft. of land has an approximate value of $28.23 per sq. ft. compared to 2017 at $25.02.
Engineering / Transportation: Both of these Divisions commented that they would advise
against selling land that would preclude ever having a public sidewalk run in the park strip to the east
of the subject property. Both were comfortable with the vacation if 6 feet (6’), measured from the
back of curb, was reserved for this purpose. The applicant agreed to reduce the requested area to be
vacated by a 6’ width.
Public Utilities: Planning Staff asked Public Utilities the
feasibility of vacating the entire length of park strip on the east
side of the subject property vs. only vacating the current area of
encroachment. They indicated that the entire length of park
strip cannot be vacated due to the existence of a water main
that runs through the corner (can be seen in exhibit to right).
Public Utilities has no concerns with vacating the 850 sf of area
described in this staff report.
Zoning: No comments received.
Fire: No comments received.
12
4. PLANNING COMMISSION
C. AGENDA AND MINUTES
SALT LAKE CITY PLANNING COMMISSION MEETING AGENDA
In Room 326 of the City & County Building
April 10, 2019, at 5:30 p.m.
(The order of the items may change )
FIELD TRIP - The field trip is scheduled to leave at 4:00 p.m.
DINNER - Dinner will be served to the Planning Commissioners and Staff at 5:00 p.m. in
Room 126 of the City and County Building. During the dinner break, the Planning
Commission may receive training on city planning related topics, including the role and
function of the Planning Commission.
PLANNING COMMISSION MEETING WILL BEGIN AT 5:30 PM IN ROOM 326
APPROVAL OF MINUTES FOR MARCH 27, 2019
REPORT OF THE CHAIR AND VICE CHAIR
REPORT OF THE DIRECTOR
PUBLIC HEARINGS
1. Street Vacation at 538 E. 14
th Avenue
Case number PLNPCM2018-00561
2. Conditional Use for a Group Home at 661 E 100 S
Case number PLNPCM2019-00104
Salt Lake City Planning Commission April 10, 2019 Page 1
SALT LAKE CITY PLANNING COMMISSION MEETING
City & County Building
451 South State Street, Room 326, Salt Lake City, Utah
Wednesday, April 10, 2019
5:32:06 PM
Field Trip
661 East 100 South
Q:
A:
538 East 14th Avenue
APPROVAL OF THE MARCH 27, 2019, MEETING MINUTES. 5:33:20 PM
MOTION 5:33:30 PM
Commissioner Lyon moved to approve the March 27, 2019, meeting minutes.
Commissioner Hoskins seconded the motion. Commissioners Lyon, Paredes,
motion passed unanimously.
REPORT OF THE CHAIR AND VICE CHAIR 5:34:02 PM
REPORT OF THE DIRECTOR 5:34:13 PM
Salt Lake City Planning Commission April 10, 2019 Page 2
5:43:13 PM
Street Vacation at 538 E. 14th Avenue
Case
number PLNPCM2018-00561
PUBLIC HEARING 5:51:33 PM
MOTION 6:00:24 PM
Commissioner Lyon stated, based on the information in the staff report, public
testimony, and discussion by the Planning Commission, I move that the Planning
Commission forward a positive recommendation to the City Council to approve
PLNPCM2018-00561 Street Vacation at 538 East 14 th Avenue and with this
recommendation that staff, and the City Council explore using an easement as an
option.
Staff asked Commissioner Lyon for clarification on the easement request. He
indicated that he would like staff and Council to consider the option of vacating the
entire current area of encroachment but placing an easement over the area that is
wide enough to accommodate the construction of a sidewalk, if the City chooses
to do so in the future.
Salt Lake City Planning Commission April 10, 2019 Page 3
Commissioner Scheer seconded the motion. Commissioners Barry, Scheer,
Hoskins, Bell, Clark, Urquhart, Ruttinger, Paredes and Lyon. The motion passed
unanimously.
Commissioner Lyon stated that the Commission is fine with the request as
originally proposed without the use of an easement, but would like the option to be
explored.
6:02:34 PM
Conditional Use for a Group Home at 661 E 100 S
Case number PLNPCM2019-00104
PUBLIC HEARING 6:31:35 PM
Salt Lake City Planning Commission April 10, 2019 Page 4
MOTION 6:45:37 PM
Commissioner Bell stated, based on the information presented, and the input
received during the public hearing, I move that the Commission approve the
request for Conditional Use for a Large Group Home at 661 East 100 South, as
presented in petition PLNPCM2019-00104, with the conditions listed in the staff
report.
Commissioner Barry seconded the motion. Commissioners Barry, Scheer,
motion passed unanimously.
The meeting adjourned at 6:47:52 PM
5. ORIGINAL PETITION
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
COUNCIL STAFF NOTE
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM: Russell Weeks
Senior Advisor
DATE:September 22, 2021 at 9:57 PM
RE:Off-Street Parking Regulations
NEW INFORMATION
This note is a follow-up to two small-group meetings August 24 and August 25 between City
Council Members and the Administration about issues pertaining to the proposed off-street parking
ordinance.
To recap, at the end of the City Council’s April 13 work session on this item the Council Chair
and others said they would like to have a couple small group meetings with the Administration to talk
through the ordinance to get a better understanding of it. The Planning Division participated in the
meetings and has prepared a draft report of the issues. The goal of the September 20 meeting is to
have everyone familiarize themselves with the issues, including three issues that have arisen since the
August meetings. After the Tuesday work session the Council then would conduct straw polls on the
issues at the next Council work session.
The following is Council staff’s summary of the two August small-group meetings.
The items are listed in order of Council Members’ discussion of the issues. Again, staff has
has attached the Administration’s draft updated issue summaries of the August meetings, a brief
presentation, and a map of the “parking contexts” the proposed ordinance contemplates.
Off-street parking in areas zoned for industrial use
Item Schedule:
Briefing: February 9, 2021,
April 13, 2021, September
20, 2021
Set Date: February 16, 2021
Public Hearing: March 16,
2021
Page | 2
The Administration will present information on this item.
Off-street parking for lots of less than 10,000 square feet
Summary of Outstanding Issues: There is a concern that small lots (5,000 – 10,000 SF)
along certain corridors (1100 East, Main, 900 South etc.) would have a difficult time providing
parking if redeveloped. Planning Staff Recommendation: Leave as proposed and rely on
reductions granted elsewhere in ordinance
Small Group No. 1: Did not reach unanimity on the issue but tended toward an earlier proposal
by Council Member Mano to allow lots between 5,000 – 10,000 SF to provide 50% of the required
minimum parking.
Small Group No. 2: Supported the 50 percent minimum requirement but were intrigued by an
idea by Planning Director Nick Norris to exempt the first 5,000 square feet of a building instead of a
property lot from required minimum parking. Both ideas may be part of the Administration’s
transmittal.
Central Ninth area off-street parking
Summary of Outstanding Issues: There is concern that insufficient off-street parking is
being provided for multi-family developments in the Central Ninth area. Planning Staff
Recommendation: Leave zoning as proposed.
Small Group No. 1: Noted that the public wants to see minimum parking requirements for
studio and one-bedroom apartments. Suggested exploring designating at least parts of the Central
Ninth area as residential parking only during certain hours. Planning staff said the Transportation
Division could conduct a parking utilization study, but obtaining a residential parking only
designation has a high threshold, and that residential parking areas usually are around major traffic
generators such as universities and public schools. In addition, the Transportation Division still is
working on a study of parking in the Central Ninth area.
Small Group No. 2: Noting that the Central Ninth area is served by all existing TRAX lines in
the City and several bus routes, the group agreed with the Planning Division staff recommendation.
Parking Adjustments Cap of 40% (Senior and Affordable Housing)
Summary of Outstanding Issues: The current proposal allows for 25% parking reductions
for affordable or senior housing, and an additional 15% when located within one-quarter mile of high-
frequency bus routes. Affordable or Senior housing not within proximity of high-frequency bus routes
could still combined with other listed parking alternatives but would still be limited to an overall
reduction of 40%. There is concern that these reductions are insufficient to address shortages for
affordable or senior housing. Planning Staff Recommendation: Allow for the reductions for
affordable or senior housing to be added to any other allowed reductions. This would allow for
combined reductions up to 65%.
Page | 3
Small Group No. 1: Agreed that allowing for a 65 percent reduction in parking for senior and
affordable housing was a good compromise.
Small Group No. 2: Agreed with a 65 percent reduction in parking.
Ballpark Area off-street parking
Summary of Outstanding Issues: Due to the underlying zoning, the Ballpark area would
be part of the General context and therefore allow for the highest parking counts. This is not
consistent with the other goals for the area, especially the portion that is included in the South State
Street Corridor Overlay. Planning Staff Recommendation: Include the South State Street
Corridor Overlay in the Neighborhood Center context.
Small Group No. 1: Agreed with staff recommendation.
Small Group No. 2: Agreed with staff recommendation.
Bicycle Parking
Summary of Outstanding Issues: There is concern that the proposed minimum required
bicycle parking is too low, specifically for commercial and industrial uses, and that it should be
increased to help meet City goals and objectives. Planning Staff Recommendation: Increase
required bicycle parking for commercial and industrial uses. (Please see table in Administration
attachment.)
Small Group No. 1: Agreed with staff recommendation.
Small Group No. 2: Agreed with staff recommendation.
Commercial vehicle loading berths at multifamily buildings
Summary of Outstanding Issues: Both the initial threshold and when additional loading
berths are required for multi-family residential uses may be too restrictive. . Planning Staff
Recommendation: Raise both the initial threshold and when additional loading berths are
required.
Small Group No. 1: Agreed with staff recommendation.
Small Group No. 2: Agreed with staff recommendation.
Parking Maximums for Restaurants in Neighborhood Center Context
Summary of Outstanding Issues: Proposed parking maximums of 7 stalls per 1,000 SF for
restaurants in Neighborhood Center context may be too high and counter efforts to improve mass
transit, air quality, and urban design. Planning Staff Recommendation: Reduce maximum
allowed from 7 stalls per 1,000 SF to 5 stalls per 1,000 SF for restaurants in the Neighborhood Center
context.
Page | 4
Small Group No. 1: Time did not allow for discussion.
Small Group No. 2: Agreed with staff recommendation.
ADA Parking
Summary of Outstanding Issues: There is a concern that small parking lots will not be
providing sufficient ADA compliant parking stalls. Under the current proposal, parking lots with four
or fewer parking spaces are not required to identify an accessible parking space, however, if parking is
provided, a minimum of one parking space will be required to comply with ADA standard dimensions.
This is consistent with national ADA standards. Any business that provides goods or services to the
public must make ADA accommodations. Planning Staff Recommendation: Leave as proposed.
Small Group No. 1: Time did not allow for discussion.
Small Group No. 2: Agreed with staff recommendation.
Effective Date of Ordinance
Summary of Outstanding Issues: Projects which may already be substantially designed at
the time of adoption of the proposed ordinance may be significantly impacted by the proposed
changes. Applicants would like a defined time frame in which they may design entirely to either the
existing or proposed parking ordinance. Planning Staff Recommendation: Allow applicants to
apply the current or proposed ordinance for the four-month period following the adoption of the
proposed off-street parking ordinance. This would be based on complete applications submitted to
either the Planning division or Building Services.
Small Group No. 1: Discussed briefly as the meeting ended.
Small Group No. 2: Asked for information about how the recommended four month period
was determined.
Multi-Family Parking Maximums
Summary of Outstanding Issues: There is concern that allowed maximum parking for
multi-family uses may be too high, particularly for the Transit or Urban Center contexts. Planning
Staff Recommendation: Leave as proposed.
Small Group No. 1: Time did not allow for discussion.
Small Group No. 2: Time did not allow for discussion.
Social Club Definition
Page | 5
Summary of Outstanding Issues: The proposed ordinance lists “Social Club” as a use
identified in Table 21A.44.040-A but is no longer a use defined elsewhere in Title 21A Zoning. This is
merely a technicality that needs to be addressed. Planning Staff Recommendation: Remove
“Social Club” as a use in table 21A.44.040-A
This is a housekeeping item and does not warrant discussion.
DRAFT
Off-Street Parking- DRAFT
September 21, 2021
OUTSTANDING ISSUES:
Since the recommendation for approval of the Off-Street Parking ordinance was given by the
Planning Commission, a list of 14 outstanding issues with the proposal have arisen. These
issues have been identified by either the Administration, Development Community, City
Council, Planning Office, or the Public.
Potential solutions for some of the issues were discussed during the briefings, while others were
discussed only during small group discussions which took place on August 24th and 25th, 2021.
The Planning Office is now recommending these issues be discussed by the Council as a whole.
A brief summary of the issue, potential solutions, and Planning Staff’s recommendation for
each has been provided. Identified issues include:
a. Parking for Lots Under 10,000 Square Feet
b. Central Ninth
c. Parking Adjustments Cap of 40% (Senior or Affordable Housing)
d. Ballpark Area Zoning
e.Storage & Warehousing Parking Minimums
f. Bicycle Parking
g. Loading Berths
h. Parking Maximums for Restaurants Uses in Neighborhood Center Context
i. ADA Parking
j. Effective Date
k. Multi-Family Parking Maximums
l. Social Clubs Definition
m. Congregate Care Facilities
n. Special Exception Language
DRAFT
A. Parking for Lots Under 10,000 Square Feet
Concern Raised by
City Council
Summary of Outstanding Issues
There is a concern that small lots (5,000 – 10,000 SF) along certain corridors (1100 East, Main,
900 South etc.) would have a difficult time providing parking if redeveloped. Commercial or
multi-family lots under 5,000 SF would already be exempt from minimum parking per
21A44.020.A.4.a. There has also been discussion that exemptions from parking minimums
would be more appropriately tied to building size, which would be more consistent with the rest
of the parking standards.
Potential Solution(s)
Allow lots between 5,000 – 10,000 SF to provide 50% of the required minimum parking
shown in Table 21A.44.040-A
Have no parking minimums for lots under 10,000 SF
Relax parking requirements for buildings under _____ square feet, rather than basing it
on lot size
Leave as proposed and rely on reductions allowed elsewhere in ordinance
Staff Recommendation
Leave as proposed and rely on reductions granted elsewhere in ordinance
DRAFT
B. Central Ninth
Concern Raised by
City Council
Public
Summary of Outstanding Issues
There is concern that insufficient off-street parking is being provided for multi-family
developments in the Central Ninth area.
Currently, much of the Central Ninth area is designated as a Transit Context area. The context
limits off-street parking because of the Central Ninth area’s nearness to mass transit lines,
including light rail and a bus line on 900 South. However, some people have raised concerns
about the availability of vehicle parking in the area.
The Central Ninth area consists of three main zoning designations (and context areas): FB-UN2
(Transit), FB-Un1 (Neighborhood Center), and D-2 (Urban Center). The primary concern has
been with the lack of parking required for multi-family developments in the FB-UN2 zone.
DRAFT
Minimum Parking Requirement
Maximum Parking
Allowed Use
General Context Neighborhood
Center Context
Urban Center
Context
Transit
Context
All zoning districts
not listed in another
context area
RB, SNB, CB, CN, R-
MU-35, R-MU-45, SR-
3, FB-UN1, FB-SE
D-2, MU, TSA-T,
CSHBD1, CSHBD2
D-1, D-3, D-4, G-
MU, TSA-C, UI,
FB-UN2, FB-UN3,
FB-SC, R-MU
Multi-family
Studio and 1 bedroom:
1 space per DU, 2+
bedrooms: 1.25 spaces
per DU
Studio and 1+
bedrooms: 1 space per
DU
Studio: No Minimum
1 bedroom: 0.5 space
per DU
2+bedrooms: 1 space
per DU
No Minimum
All Contexts: Studio &
1 bedroom: 2 spaces
per DU
2+ bedrooms: 3
spaces per DU
The area is among the best-serviced areas in the city for mass transit and has experienced
significant investment from the city and UTA. The 900 South TRAX station is 1 of 4 stations
serviced by all 3 TRAX lines. There are 2 high-frequency (15-minute or less) bus routes that run
through Central Ninth. The Transit Master Plan envisions the possibility of an additional TRAX
line and high-frequency bus routes through the Central Ninth area.
DRAFT
Other considerations include:
The area currently has a poor mix of land uses, which complicate access to activities for
daily living
The FB-UN2 zone requires smaller scale development than many of the other zones in
the Transit context
Official recommendations have yet to be received from the third-party parking study
Potential Solution(s)
Include some parking requirements for studio or 1- bedroom units in the Transit context
Leave as proposed
Staff Recommendation
Leave as proposed
DRAFT
C. Parking Adjustments Cap of 40% (Senior and Affordable Housing)
Concern Raised by
City Council
Public
Summary of Outstanding Issues
The current proposal allows for 25% parking reductions for multi-family dwellings that include
affordable or senior housing, and an additional 15% when located within one-quarter mile of
high-frequency bus routes. Affordable or Senior housing not within proximity of high-frequency
bus routes could still be combined with other listed parking alternatives but would still be
limited to an overall reduction of 40%. There is concern that these reductions are insufficient to
address shortages for affordable or senior housing.
Additional reductions would only be necessary for the General, Neighborhood Center, or Urban
Center context, as the Transit context does not propose parking minimums for these uses as
shown below:
Minimum Parking Requirement
Maximum
Parking Allowed Use
General Context Neighborhood
Center Context
Urban Center
Context
Transit
Context
All zoning districts
not listed in another
context area
RB, SNB, CB, CN, R-
MU-35, R-MU-45, SR-
3, FB-UN1, FB-SE
D-2, MU, TSA-T,
CSHBD1, CSHBD2
D-1, D-3, D-4, G-
MU, TSA-C, UI,
FB-UN2, FB-UN3,
FB-SC, R-MU
Multi-family
Studio and 1
bedroom: 1 space per
DU, 2+ bedrooms:
1.25 spaces per DU
Studio and 1+
bedrooms: 1 space per
DU
Studio: No Minimum
1 bedroom: 0.5
space per DU
2+bedrooms: 1
space per DU
No Minimum
All Contexts: Studio
& 1 bedroom: 2
spaces per DU
2+ bedrooms: 3
spaces per DU
Potential Solution(s)
Allow for 40% reductions for affordable or senior housing to be added to any other
allowed reductions. This would allow for combined reductions up to 80%.
Leave as proposed
Staff Recommendation
Allow for 40% reductions for affordable or senior housing to be added to any other
allowed reductions. This would allow for combined reductions up to 80%.
DRAFT
D. Ballpark Area Zoning
Concern Raised by
City Council
Summary of Outstanding Issues
Due to the underlying zoning, the Ballpark area would be part of the General context and
therefore allow for the highest parking counts. This is not consistent with the other goals for the
area, especially the portion that is included in the South State Street Corridor Overlay. It is
anticipated that the zoning will change in the future, which would shift the area into a parking
context that requires less parking; however, that will not occur prior to the adoption of the new
parking regulations.
Potential Solution(s)
Include the South State Street Corridor Overlay in the Neighborhood Center context as
shown below:
Leave as proposed until the area experiences rezoning
Staff Recommendation
Include the South State Street Corridor Overlay in the
Neighborhood Center context
Use
General
Context
Neighborhood
Center Context
Urban
Center
Context
Transit
Context
All zoning
districts not
listed in
another
context area
RB, SNB, CB, CN,
R-MU-35, R-MU-
45, SR-3, FB-UN1,
FB-SE, SSSC
Overlay
D-2, MU,
TSA-T,
CSHBD1,
CSHBD2
D-1, D-3, D-4,
G-MU, TSA-C,
UI, FB-UN2,
FB-UN3, FB-SC,
R-MU
DRAFT
E. Storage & Warehousing Parking Minimums
Concern Raised by
Planning Office
Summary of Outstanding Issues
There is concern that proposed parking minimums for Storage & Warehousing uses are too
high. The proposed ordinance uses a different formula than existing regulations and could result
in minimum parking requirements nearly four times higher than with current regulations. At
the same time, parking demand for warehousing uses has generally decreased due to
automation, alternative transportation options, and other factors. The proposed requirements
are shown in the table below:
Minimum Parking Requirement
Maximum
Parking Allowed Land Use
General
Context
Neighborhood
Center Context
Urban Center
Context
Transit
Context
All zoning
districts not
listed in another
context area
RB, SNB, CB, CN,
R-MU-35, R-MU-
45, SR-3, FB-UN1,
FB-SE
D-2, MU, TSA-T,
CSHBD1, CSHBD2
D-1, D-3, D-4, G-
MU, TSA-C, UI,
FB-UN2, FB-UN3,
FB-SC, R-MU
Air cargo terminals
and package delivery
facility
1 space per 1,000 sq. ft., plus 1 space per fleet vehicle generally stored on-site
No Maximum
Building materials
distribution
Flammable liquids or
gases, heating fuel
distribution and
storage
Package delivery
facility
Warehouse
Warehouse, accessory
to retail and
wholesale business
(maximum 5,000
square foot floor
plate)
Wholesale distribution
Warehouse, accessory 0.5 spaces per 1,000 sq. ft. of warehouse/wholesale No minimum
DRAFT
Potential Solution(s)
Change required parking to No Minimum for Storage and Warehousing uses in all
contexts
Decrease the minimum parking for Storage and Warehousing uses to some other fraction
Leave as proposed
Staff Recommendation
Change required parking to No Minimum for Storage and Warehousing uses in all
contexts
DRAFT
F. Bicycle Parking
Concern Raised by
Administration
Planning Office
Public
Summary of Outstanding Issues
There is concern that the proposed minimum required bicycle parking is too low, specifically for
commercial and industrial uses, and that it should be increased to help meet City goals and
objectives.
The proposed method for calculating bicycle parking is based on use, context, and building
size or residential unit count. The proposed requirements are shown in the table below:
)
Use
General
Context
Neighborhood
Center Context
Urban Center
Context
Transit
Context
All zoning districts
not listed in another
context area
RB, SNB, CB, CN, R-MU-
35, R-MU-45, SR-3, FB-
UN1, FB-SE
D-2, MU, TSA-T,
CSHBD1,
CSHBD2
D-1, D-3, D-4, G-MU,
TSA-C, UI, FB-UN2,
FB-UN3, FB-SC, R-
MU
Residential Uses 1 per 5 units 1 per 4 units 1 per 3 units 1 per 2 units
Public, Institutional,
and Civic Uses 1 per 10,000 sq. ft. 1 per 5,000 sq. ft. 1 per 5,000 sq. ft. 1 per 3,000 sq. ft.
Commercial Uses 1 per 20,000 sq. ft. 1 per 5,000 sq. ft 1 per 4,000 sq. ft. 1 per 2,000 sq. ft.
Industrial Uses No requirement No requirement No requirement No requirement
*For all uses: In determining the minimum number of bicycle parking spaces required, fractional spaces are rounded to
the nearest whole number, with one-half counted as an additional space
The table reflects progressive and generally increased bicycle parking requirements for most
uses in most of the context areas; however, the required bike parking for commercial uses in
the General Context area is low (1 per 20,000 sq. ft.) and no minimum bicycle parking is
required for industrial uses in all context areas. The original reasoning behind this was that
these uses in these areas may not generate as much bicycle traffic, so bicycle parking would
be provided by the developer/business owner on an as-needed basis. To be more consistent
with city-wide goals related to air-quality and bike-friendliness, the City Council may want
to consider increasing the minimum required bicycle parking for industrial and commercial
uses.
DRAFT
Potential Solution(s)
Increase required bicycle parking for commercial and industrial uses within each context
Leave as proposed
Administration/Staff Recommendation
Increase required bicycle parking for commercial and industrial uses as shown below:
)
Use
General
Context
Neighborhood
Center Context
Urban Center
Context
Transit
Context
All zoning districts
not listed in another
context area
RB, SNB, CB, CN, R-MU-
35, R-MU-45, SR-3, FB-
UN1, FB-SE
D-2, MU, TSA-T,
CSHBD1,
CSHBD2
D-1, D-3, D-4, G-MU,
TSA-C, UI, FB-UN2,
FB-UN3, FB-SC, R-
MU
Residential Uses 1 per 5 units 1 per 4 units 1 per 3 units 1 per 2 units
Public, Institutional,
and Civic Uses 1 per 10,000 sq. ft. 1 per 5,000 sq. ft. 1 per 5,000 sq. ft. 1 per 3,000 sq. ft.
Commercial Uses 1 per 10,000 sq. ft. 1 per 5,000 sq. ft 1 per 4,000 sq. ft. 1 per 2,000 sq. ft.
Industrial Uses 1 per 15,000 sq. ft.1 per 8,000 sq. ft.1 per 5,000 sq. ft. 1 per 3,000 sq. ft.
*For all uses: In determining the minimum number of bicycle parking spaces required, fractional spaces are rounded to
the nearest whole number, with one-half counted as an additional space
DRAFT
G. Loading Berths
Concern Raised by
Administration
Development Community
Planning Office
Summary of Outstanding Issues
The proposed number of loading berths required for multi-family developments could be
excessive, resulting in underutilized space.
Current zoning regulations base the requirement to provide loading berths on building size
(square feet) rather than unit count. The current requirement is 1 shorth berth for buildings
between 100,000 – 200,000 SF and 1 additional berth for each increase of 200,000 SF. This
means that a loading berth is not required for buildings less than 100,000 square feet regardless
of the number of dwelling units in the building. The lack of loading berths for some residential
developments has placed a burden on the public right-of-way. As a result, the following changes
to the loading berth requirements were proposed as part of the parking regulations rewrite:
These standards are based off similar size cities with newer parking ordinances. However, after
re-examining it, these may be too demanding and may require too much space to be dedicated
to loading berths and therefore inhibit City housing and development goals.
Potential Solution(s)
Raise the initial threshold for when a loading berth is required
Raise the threshold for when additional loading berths are required
Leave as proposed
Administration/Staff Recommendation
Raise both the initial threshold and when additional loading berths are required as
shown below:
Multi-family Residential
# of Dwelling Units (Per Building) Number and Size of Berths
80-200 1 short
Greater than 200 1 additional short per 200 units
Multi-family Residential
# of Dwelling Units (Per Building)Number and Size of Berths
40-150 1 short
151-300 2 short
Greater than 300 1 additional short per 200 units
DRAFT
H. Parking Maximums for Restaurant Uses in Neighborhood Center
Context
Concern Raised by
Planning Office
Summary of Outstanding Issues
Proposed parking maximums of 7 stalls per 1,000 SF for restaurants uses
(restaurants/taverns/brewpubs) in the Neighborhood Center context may be too high and
counter efforts to improve mass transit, air quality, and urban design.
The current proposal is based on the recommendations from the consultant group, which
identified restaurant parking maximums as too low. The consultant recommended maximums
of 5 stalls per 1,000 SF for the Transit and Urban Center contexts and 7 stalls per 1,000 SF in
Neighborhood Center and General contexts.
Potential Solution(s)
Reduce maximum parking allowed from 7 stalls per 1,000 SF to 5 stalls per 1,000 SF in
Neighborhood Center context
Leave as proposed
Minimum Parking Requirement
Maximum
Parking Allowed Use
General Context Neighborhood
Center Context
Urban Center
Context
Transit
Context
All zoning districts
not listed in another
context area
RB, SNB, CB, CN, R-
MU-35, R-MU-45, SR-
3, FB-UN1, FB-SE
D-2, MU, TSA-T,
CSHBD1, CSHBD2
D-1, D-3, D-4, G-
MU, TSA-C, UI,
FB-UN2, FB-UN3,
FB-SC, R-MU
Restaurants/
Taverns/
Brewpub
Indoor tasting/seating area: 2 spaces per 1,000 sq.
ft.; Outdoor tasking/seating area: 2 spaces per
1,000 sq. ft.
Indoor
tasting/seating area:
2 spaces per 1,000
sq. ft.; Outdoor
tasking/seating area:
1 space per 1,000 sq.
ft.
No Minimum
Transit and Urban
Center Context: 5
spaces per 1,000 sq.
ft indoor
tasting/seating area
Neighborhood
Center and General
Context: 7 spaces per
1,000 sq. ft. indoor
tasting/seating area
All Contexts: Outdoor
tasting/ seating area:
4 spaces per 1,000
sq. ft
DRAFT
Staff Recommendation
Reduce maximum parking allowed from 7 stalls per 1,000 SF to 5 stalls per 1,000 SF for
restaurants in the Neighborhood Center context as shown below:
Minimum Parking Requirement
Maximum
Parking AllowedUse
General Context Neighborhood
Center Context
Urban Center
Context
Transit
Context
All zoning districts
not listed in another
context area
RB, SNB, CB, CN, R-
MU-35, R-MU-45, SR-
3, FB-UN1, FB-SE
D-2, MU, TSA-T,
CSHBD1, CSHBD2
D-1, D-3, D-4, G-
MU, TSA-C, UI,
FB-UN2, FB-UN3,
FB-SC, R-MU
Restaurants/
Taverns/
Brewpub
Indoor tasting/seating area: 2 spaces per 1,000 sq.
ft.; Outdoor tasking/seating area: 2 spaces per
1,000 sq. ft.
Indoor
tasting/seating area:
2 spaces per 1,000
sq. ft.; Outdoor
tasking/seating area:
1 space per 1,000 sq.
ft.
No Minimum
Transit, Urban Center,
and Neighborhood
Center Contexts: 5
spaces per 1,000 sq.
ft indoor
tasting/seating area
General Context: 7
spaces per 1,000 sq.
ft. indoor
tasting/seating area
All Contexts: Outdoor
tasting/ seating area:
4 spaces per 1,000
sq. ft
DRAFT
I. ADA Parking
Concern Raised by
City Council
Summary of Outstanding Issues
There is a concern that small parking lots will not be providing sufficient ADA compliant
parking stalls.
Under the current proposal, parking lots with four or fewer parking spaces are not required to
identify an accessible parking space, however, if parking is provided, a minimum of one parking
space will be required to comply with ADA standard dimensions. This is consistent with national
ADA standards.
Any business that provides goods or services to the public must make ADA accommodations.
Potential Solution(s)
Lower the minimum number of parking spaces required before they are to be identified
as and/or be ADA compliant
Leave as proposed
Staff Recommendation
Leave as proposed
DRAFT
J. Effective Date
Concern Raised by
City Council
Development Community
Summary of Outstanding Issues
Projects which may already be substantially designed at the time of adoption of the proposed
ordinance may be significantly impacted by the proposed changes. Applicants would like a
defined time frame in which they may design entirely to either the existing or proposed parking
ordinance.
Potential Solution(s)
Make ordinance effective on date of adoption
Allow a timeframe in which applicants can apply the current or proposed ordinance
Staff Recommendation
Allow applicants to apply the current or proposed ordinance for the four-month period
following the adoption of the proposed off-street parking ordinance. This would be based
on complete applications submitted to either the Planning division or Building Services.
DRAFT
K. Multi-Family Parking Maximums
Concern Raised by
City Council
Summary of Outstanding Issues
There is concern that allowed maximum parking for multi-family uses may be too high, particularly for
the Transit or Urban Center contexts.
The proposed parking maximums were based on recommendations from the consultant and are lower
than many “transit rich” U.S. cities. It was deemed unnecessary establish different maximums in each
parking context, as higher land prices near transit would naturally ensure less land would be devoted to
surface parking.
The table below shows the maximum parking allowed in in the proposed ordinance:
Minimum Parking Requirement
Maximum Parking
Allowed Use
General Context Neighborhood
Center Context
Urban Center
Context
Transit
Context
All zoning districts
not listed in another
context area
RB, SNB, CB, CN, R-
MU-35, R-MU-45, SR-
3, FB-UN1, FB-SE
D-2, MU, TSA-T,
CSHBD1, CSHBD2
D-1, D-3, D-4, G-
MU, TSA-C, UI,
FB-UN2, FB-UN3,
FB-SC, R-MU
Multi-family
Studio and 1 bedroom:
1 space per DU, 2+
bedrooms: 1.25 spaces
per DU
Studio and 1+
bedrooms: 1 space per
DU
Studio: No Minimum
1 bedroom: 0.5 space
per DU
2+bedrooms: 1 space
per DU
No Minimum
All Contexts: Studio &
1 bedroom: 2 spaces
per DU
2+ bedrooms: 3
spaces per DU
Potential Solution(s)
Reduce the maximum parking allowed for any, or all, parking contexts
Leave as proposed
Staff Recommendation
Leave as proposed
DRAFT
L. Social Club Definition
Concern Raised by
Planning Office
Summary of Outstanding Issues
The proposed ordinance lists “Social Club” as a use identified in Table 21A.44.040-A but is no
longer a use defined elsewhere in Title 21A Zoning. This is merely a technicality that needs to be
addressed.
Potential Solution(s)
Remove “Social Club” as a use in Table 21A.44.040-A
Staff Recommendation
Remove “Social Club” as a use in table 21A.44.040-A
DRAFT
M. Congregate Care Facilities
Concern Raised by
Planning Office
Summary of Outstanding Issues
The proposed ordinance uses the term “Eleemosynary” as a land use in Table 21A.44.040-A but
that term was changed to “Congregate Care Facility Small or Large (Ordinance 51 of 2020,
November). This is merely a technicality that needs to be addressed.
Potential Solution(s)
Replace “Eleemosynary” with “Congregate Care Facility (Small or Large)” as a use in
Table 21A.44.040-A and the accompanying parking requirements of:
Minimum Parking Requirement
Maximum Parking
Allowed Use
General Context Neighborhood
Center Context
Urban Center
Context
Transit
Context
All zoning districts
not listed in another
context area
RB, SNB, CB, CN, R-
MU-35, R-MU-45, SR-
3, FB-UN1, FB-SE
D-2, MU, TSA-T,
CSHBD1, CSHBD2
D-1, D-3, D-4, G-
MU, TSA-C, UI,
FB-UN2, FB-UN3,
FB-SC, R-MU
Congregate
Care Facility
(large)
1 space for each family, plus 1 space for every 4 individual bedrooms, plus 1
space for every 2 support staff present during the busiest shift
No Minimum
All Contexts: 1 space
for each bedroom
plus 1 space for each
support staff present
during the busiest
shift
Congregate
Care Facility
(small)
3 spaces per facility and 1 space for every 2 support staff present during the
busiest shift
Staff Recommendation
Replace “Eleemosynary” with “Congregate Care Facility (Small or Large)” as a use in
Table 21A.44.040-A and the accompanying parking requirements listed above.
DRAFT
N. Special Exception Language
Concern Raised by
Planning Office
Summary of Outstanding Issues
Proposed language in the Parking ordinance that references the Special Exception process will
need to be updated to be consistent with upcoming changes to Special Exceptions anticipated to
be adopted by the City Council in the coming weeks. The proposed parking ordinance includes
language on two parking related modifications (21A.44.090.B) that were required to go through
the Special Exception process at the time the ordinance was presented to the Planning
Commission. Language in the proposed 21AA.44.090.B will need to be revised to be consistent
with any changes adopted by the City Council in the coming weeks.
Potential Solution(s)
Remove reference to Special Exception process in 21A.44.090.B. Ensure language is
consistent with any revisions to Special Exceptions to be passed by Council.
Staff Recommendation
Remove reference to Special Exception process in 21A.44.090.B. Ensure language is
consistent with any revisions to Special Exceptions to be passed by Council.
ERIN MENDENHALL
Mayor
DEPARTMENT of COMMUNITY
and NEIGHBORHOODS
BLAKE THOMAS
CITY COUNCIL TRANSMITTAL
Date Received:
Lisa Shaffer, Chief Administrative Officer Date sent to Council:
TO:Salt Lake City Council DATE:
Chris Wharton, Chair
FROM: Blake Thomas, Director, Department of Community & Neighborhoods
SUBJECT: Petition PLNPCM2017-00753 – Off-Street Parking, Mobility, and Loading Zoning
Text Amendments
STAFF CONTACT: Eric Daems, Senior Planner (801) 535-7236, eric.daems@slcgov.com
DOCUMENT TYPE: Ordinance
RECOMMENDATION: The City Council adopt the proposed parking modifications including
the complete re-write of Chapter 21A.44 and all associated ordinance language as has been
recommended by the Planning Commission.
BUDGET IMPACT: None
BACKGROUND/DISCUSSION:As transportation and land uses change over time, the demand
for parking changes. Cities frequently struggle to strike a balance between too much parking and
inadequate parking. Parking requirements that are too high can waste land, increase development
costs, lead to demolition of structures to meet parking requirements, increase stormwater runoff,
compromise water quality, and discourage pedestrian activity. Parking requirements that are too
low may lead to increased traffic congestion, difficulty leasing or selling property, and spillover
parking onto adjacent residential streets.
Beginning in June 2017, the Planning Division started working with consulting firm Clarion and
Associates to perform a comprehensive review and update of Chapter 21A.44 Off Street Parking,
Mobility, and Loading and associated sections of the zoning ordinance. The provisions reviewed
determine the parking regulations in all areas of the City, but do not include regulations for on-
street parking. The process included internal meetings with City divisions most closely involved
with the parking chapter and a thorough public engagement plan that is outlined in Attachment G
of the Staff Report (Exhibit 4b). Following the completion of the work of the consultant, Planning
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV
P.O. BOX 145460, SALT LAKE CITY, UTAH 84114-5460 TEL 801.535.6230
Staff worked to address commentary received, finish the public engagement efforts, and to produce
a fully revised parking ordinance.
Primary goals of the rewrite includeupdating parking requirements to better reflect market demand
and city objectives, simplifying how the ordinance reads and is administered, updating and
simplifying technical requirements, and establishing a framework that allows the ordinance to be
responsive to changing City dynamics.
The Planning Commission Staff Report in Exhibit 4b provides a comprehensive overview and
detailed analysis of the proposed zoning text amendments.
Additional Considerations:Since the time when the public hearing was held, Planning Staff has
identified several items that may warrant additional consideration from the City Council.
Bicycle Parking: The current parking ordinance bases bicycle parking standards on
vehicle parking stalls provided. The trouble with this approach is that, as reductions to
parking are granted through various alternatives, required bicycle parking is also reduced.
The approach was creating reduced bicycle parking when it was most needed. The
proposed method for calculating bicycle parking is based on use, context, and building size
or residential unit count, which is the same method used to calculate vehicle parking. The
basic table is shown below:
The table reflects progressive and generally increased bicycle parking requirements for
most uses in most of the context areas; however, the required bike parking for commercial
uses in the General Context area is low (1 per 20,000 sq. ft.) and no minimum bicycle
parking is required for industrial uses in all context areas. The original reasoning behind
this was that these uses in these areas may not generate as much bicycle traffic, so bicycle
parking would be provided by the developer/business owner on an as-needed basis. In order
to be more consistent with city-wide goals related to air-quality and bike-friendliness, the
City Council may want to consider increasing the minimum required bicycle parking for
industrial and commercial uses. Planning Staff recommends the table be revised as follows:
)
Use
General
Context
Neighborhood
Center Context
Urban Center
Context
Transit
Context
All zoning districts
not listed in another
context area
RB, SNB, CB, CN,
R-MU-35,
R-MU-45, SR-3,
FB-UN1, FB-SE
D-2, MU, TSA-T,
CSHBD1,
CSHBD2
D-1, D-3, D-4, G-MU,
TSA-C, UI, FB-UN2,
FB-UN3, FB-SC, R-
MU
Residential Uses 1 per 5 units 1 per 4 units 1 per 3 units 1 per 2 units
Public, Institutional,
and Civic Uses 1 per 10,000 sq. ft. 1 per 5,000 sq. ft. 1 per 5,000 sq. ft. 1 per 3,000 sq. ft.
Commercial Uses 1 per 10,000 sq. ft. 1 per 5,000 sq. ft 1 per 4,000 sq. ft. 1 per 2,000 sq. ft.
Industrial Uses 1 per 15,000 sq. ft.1 per 8,000 sq. ft.1 per 5,000 sq. ft.1 per 3,000 sq. ft.
*For all uses: In determining the minimum number of bicycle parking spaces required, fractional spaces are rounded to
the nearest whole number, with one-half counted as an additional space
Loading Berths:Two of the attached letters (Exhibit 4e) present a concern with the
proposed requirements for off street loading berths for multi-family residential uses. The
current ordinance bases the requirement on building size (square feet) rather than unit
count. The current requirement is 1 short berth for buildings between 100,,000-200,000
square feet and 1 additional berth for each 200,000 square feet. The 100,000 square foot
starting point was placing a burden on the public right-of-way for smaller buildings that
still had a high unit count. To that end, the new requirements were developed and are shown
below:
These standards are based off similar size cities with newer parking ordinances. However,
after re-examining it, Planning Staff agrees that these may be too demanding and may
require too much space to be dedicated to loading berths and therefore inhibit City housing
and development goals. The City Council may want to consider a higher threshold for
requiring the initial or additional loading berths. Planning Staff recommends the table be
revised as follows:
Multi- Family Residential
86
# of Dwelling Units
(Per Building)
Number and Size of
Berths
80-200 1 short
Greater than 200 1 additional short per
200 units
PUBLIC PROCESS: Development of the proposed Parking Ordinance and associated
amendments was the result of a robust community engagement process that involved targeted
stakeholders as well as the general public through numerous engagement activities. Attachment G
in the Planning Commission Staff Report (Exhibit 4b) provides a summary of the public
engagement activities that were conducted throughout the ordinance revision process.
The Planning Commission held a public hearing on January 8, 2020. Five people spoke at the
public hearing with varying level of support or concern to the proposed ordinance amendments. A
summary of those concerns has been included in this memo (Exhibit 4c). The Planning
Commission voted unanimously to forward a positive recommendation the City Council to adopt
the Chapter 21A.44 Off Street Parking and associated zoning text amendments.
Since the Public Hearing, Planning Staff has received six letters from the public in regard to the
proposed amendments. Two of the letters reflect comments made during the Public Hearing for
the Planning Commission. All of the letters have been included in this memo (Exhibit 4e).
EXHIBITS:
1. Project Chronology
2. Notice of City Council Hearing
3. Planning Commission- January 8, 2020
a. Agenda Notice
b. Staff Report
c. Agenda & Minutes
d. Staff Presentation Slides
e. Additional Public Comments Received
4. Original Petition
1
SALT LAKE CITY ORDINANCE
No. _____ of 202_
(An ordinance amending various sections of the Salt Lake City Code
pertaining to off street parking regulations)
An ordinance amending various sections of the Salt Lake City Code pursuant to Petition
No. PLNPCM2017-00753 pertaining to off street parking regulations.
WHEREAS, the Salt Lake City Planning Commission held a public hearing on January 8,
2020 to consider a petition submitted by then-Mayor Jacqueline Biskupski (“Applicant”)
(Petition No. PLNPCM2017-00753) to amend portions of Chapters 18.80 (Buildings and
Construction: Parking Lot Construction); 20.56 (Subdivisions and Condominiums:
Condominiums); 21A.24 (Zoning: Residential Districts); 21A.26 (Zoning: Commercial
Districts); 21A.30 (Zoning: Downtown Districts); 21A.31 (Zoning: Gateway Districts); 21A.32
(Zoning: Special Purpose Districts); 21A.36 (Zoning: General Provisions); 21A.37 (Zoning:
Design Standards); 21A.38 (Zoning: Nonconforming Uses and Noncomplying Structures);
21A.40 (Zoning: Accessory Uses, Buildings and Structures); 21A.44 (Zoning: Off Street
Parking, Mobility and Loading); 21A.52 (Zoning: Special Exceptions); 21A.60 (Zoning: List of
Terms); and 21A.62 (Zoning: Definitions) of the Salt Lake City Code to modify regulations
pertaining to off street parking; and
WHEREAS, at its January 8, 2020 meeting, the planning commission voted in favor of
transmitting a positive recommendation to the Salt Lake City Council on said petition; 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:
2
SECTION 1. Amending the text of Salt Lake City Code Section 18.80.020. That Section
18.80.080 of the Salt Lake City Code (Buildings and Construction: Parking Lot Construction:
Permit; Required for Construction; Issuance Conditions) shall be, and hereby is amended to read
as follows:
18.80.020: PERMIT; REQUIRED FOR CONSTRUCTION; ISSUANCE
CONDITIONS:
No parking lot or parking area shall be constructed without first obtaining a permit
authorizing such construction. No permit shall be issued without first securing the
recommendations of the city transportation engineer and no permit shall be issued until the
applicant has complied with the provisions of this chapter.
SECTION 2. Amending the text of Salt Lake City Code Subsection 20.56.060.B. That
Subsection 20.56.060.B of the Salt Lake City Code (Subdivisions and Condominiums:
Condominiums: Condominium Conversion Process: Planning Official Duties and Responsibility)
shall be, and hereby is amended to read as follows:
B. Planning Official Duties and Responsibility:
1. Coordination of Review: The planning official shall review the application material
submitted for accuracy and completeness and transmit the submittal to pertinent
departments for review and comment.
2. Consistent with State Law: The planning official shall review the application and
related documents to determine compliance with requirements of the Utah
Condominium Ownership Act, Title 57, Chapter 7 of the Utah Code, and applicable
provisions of this chapter.
3. Previous Conditions: The planning official shall review applicable conditions on the
use or building imposed by ordinances, variances, and conditional uses.
4. Site Improvements: The planning official shall review the proposed building and site
plans and shall have the authority to require additional improvements to be made to
the existing site including, but not limited to, landscaping, exterior repairs, and
improvements to common areas. This review shall include an analysis of the parking,
including internal circulation issues, such as surfacing and control curbs. The analysis
shall also include the number of existing parking stalls, noting any deviation from
current standards. Based upon this information, the planning official may require
3
construction of additional parking stalls on the site, or may require reasonable
alternative parking solutions as outlined in Section 21A.44.050 “Alternatives to
Minimum and Maximum Parking Calculations”, of this code. Any
additional parking developed on site or alternative parking solutions may not increase
the parking impacts on neighboring properties, and will not develop existing common
areas used as open space or green space. Additionally, any remodeling proposal
which increases the number of bedrooms would require compliance with
existing parking requirements. The total number of parking stalls available to the
owners of the project shall be disclosed on the condominium plat.
SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.24.164.H. That
Subsection 21A.24.164.H of the Salt Lake City Code (Zoning: Residential Districts: R-MU-35
Residential/Mixed Use District: Parking Structures) shall be, and hereby is DELETED.
SECTION 4. Amending the text of Salt Lake City Code Subsection 21A.24.168.H. That
Subsection 21A.24.168.H of the Salt Lake City Code (Zoning: Residential Districts: R-MU-45
Residential/Mixed Use District: Parking Structures) shall be, and hereby is DELETED.
SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.24.170.E. That
Subsection 21A.24.170.E of the Salt Lake City Code (Zoning: Residential Districts: R-MU
Residential/Mixed Use District: Parking Structures) shall be, and hereby is amended to read as
follows:
E. Minimum Yard Requirements:
1. Single-Family Detached Dwellings:
a. Front Yard: Fifteen feet (15’).
b. Corner Side Yard: Ten feet (10’).
c. Interior Side Yard:
(1) Corner lots: Four feet (4’).
4
(2) Interior lots: Four feet (4’) on one side and ten feet (10’) on the other.
d. Rear Yard: Twenty five percent (25%) of the lot depth, but need not be more than
twenty feet (20’).
2. Single-Family Attached, Two-Family and Twin Home Dwellings:
a. Front Yard: Fifteen feet (15’).
b. Corner Side Yard: Ten feet (10’).
c. Interior Side Yard:
(1) Single-family attached: No yard is required, however if one is provided it
shall not be less than four feet (4’).
(2) Two-family:
(A) Interior lot: Four feet (4’) on one side and ten feet (10’) on the other.
(B) Corner lot: Four feet (4’).
(3) Twin home: No yard is required along one side lot line. A ten foot (10’) yard
is required on the other.
d. Rear Yard: Twenty five percent (25%) of lot depth or twenty five feet (25’),
whichever is less.
3. Multi-Family Dwellings and Any Other Residential Uses:
a. Front Yard: No setback is required.
b. Corner Side Yard: No setback is required.
c. Interior Side Yard: No setback is required.
d. Rear Yard: Twenty five percent (25%) of lot depth, but need not exceed thirty feet
(30’).
4. Nonresidential Development:
a. Front Yard: No setback is required.
b. Corner Side Yard: No setback is required.
c. Interior Side Yard: No setback is required.
5
d. Rear Yard: Twenty five percent (25%) of lot depth, but need not exceed thirty feet
(30’).
5. Existing Lots: Lots legally existing on the effective date hereof, April 12, 1995, shall
be considered legal conforming lots.
6. Minimum Lot Area Exemptions: For multiple-unit residential uses, nonresidential and
mixed uses, no minimum lot area is required. In addition, no front, corner side or
interior side yards or landscaped setbacks are required; except where interior side
yards are provided, they shall not be less than four feet (4’).
7. Existing Buildings: For buildings legally existing on the effective date hereof,
required yards shall be no greater than the established setback line.
8. Maximum Setback: For single-family, two-family, and twin home dwellings, at least
twenty five percent (25%) of the building facade must be located within twenty five
feet (25’) of the front lot line. For all other uses, at least twenty five percent (25%) of
the building facade must be located within fifteen feet (15’) of the front lot line.
Exceptions to this requirement may be authorized as design review, subject to the
requirements of Chapter 21A.59 of this title, and the review and approval of the
planning commission. The planning director, in consultation with the transportation
director, may modify this requirement if the adjacent public sidewalk is substandard
and the resulting modification to the setback results in a more efficient public
sidewalk. The planning director may waive this requirement for any addition,
expansion, or intensification, which increases the floor area or parking requirement
by less than fifty percent (50%) if the planning director finds the following:
a. The architecture of the addition is compatible with the architecture of the original
structure or the surrounding architecture.
b. The addition is not part of a series of incremental additions intended to subvert the
intent of the ordinance.
Appeal of administrative decision is to the planning commission.
SECTION 6. Amending the text of Salt Lake City Code Subsection 21A.26.020.F. That
Subsection 21A.26.020.F of the Salt Lake City Code (Zoning: Commercial Districts: CN
Neighborhood Commercial District: Minimum Yard Requirements) shall be, and hereby is
amended to read as follows:
F. Minimum Yard Requirements:
6
1. Front or Corner Side Yard: A fifteen foot (15’) minimum front or corner side yard
shall be required. Exceptions to this requirement may be authorized as design review,
subject to the requirements of Chapter 21A.59 of this title, and the review and
approval of the planning commission.
2. Interior Side Yard: None required.
3. Rear Yard: Ten feet (10’).
4. Buffer Yards: Any lot abutting a lot in a Residential District shall conform to the
buffer yard requirements of Chapter 21A.48 of this title.
5. Accessory Buildings and Structures in Yards: Accessory buildings and structures may
be located in a required yard subject to Section 21A.36.020, Table 21A.36.020.B of
this title.
6. Maximum Setback: A maximum setback is required for at least sixty five percent
(65%) of the building facade. The maximum setback is twenty five feet (25’).
Exceptions to this requirement may be authorized through the design review process,
subject to the requirements of Chapter 21A.59 of this title, and the review and
approval of the planning commission. The planning director, in consultation with the
transportation director, may modify this requirement if the adjacent public sidewalk is
substandard and the resulting modification to the setback results in a more efficient
public sidewalk. The planning director may waive this requirement for any addition,
expansion, or intensification, which increases the floor area or parking requirement
by less than fifty percent (50%) if the planning director finds the following:
a. The architecture of the addition is compatible with the architecture of the original
structure or the surrounding architecture.
b. The addition is not part of a series of incremental additions intended to subvert the
intent of the ordinance.
Appeal of administrative decision is to the planning commission.
SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.26.025.F. That
Subsection 21A.26.025.F of the Salt Lake City Code (Zoning: Commercial Districts: SNB Small
Neighborhood Business District: Yard Requirements) shall be, and hereby is amended to read as
follows:
F. Yard Requirements:
7
1. Front and Corner Side Yard: Front and corner side yard setbacks shall be equal to the
required yard areas of the abutting zoning district along the block face. When the
property abuts more than one zone the more restrictive requirement shall apply.
2. Interior Side Yard: Interior side yard equal to the required yard areas of the abutting
zoning district along the block face. When the property abuts more than one zone the
more restrictive requirement shall apply.
3. Rear Yard: Rear yard setbacks shall be equal to the required yard areas of the abutting
zoning district along the block face. When the property abuts more than one zoning
district the more restrictive requirement shall apply.
4. Buffer Yards: Any lot abutting a lot in a Residential District shall conform to the
buffer yard requirements of Chapter 21A.48, “Landscaping and Buffers”, of this title.
5. Accessory Buildings and Structures in Yards: Accessory buildings and structures may
be located in a required yard subject to Section 21A.36.020, Table 21A.36.020.B,
“Obstructions in Required Yards”, of this title.
SECTION 8. Amending the text of Salt Lake City Code Subsection 21A.26.030.F. That
Subsection 21A.26.030.F of the Salt Lake City Code (Zoning: Commercial Districts: CB
Community Business District: Minimum Yard Requirements) shall be, and hereby is amended to
read as follows:
F. Minimum Yard Requirements:
1. Front or Corner Side Yard: No minimum yard is required. If a front yard is provided,
it shall comply with all provisions of this title applicable to front or corner side yards,
including landscaping, fencing, and obstructions.
2. Interior Side Yard: None required.
3. Rear Yard: Ten feet (10’).
4. Buffer Yards: Any lot abutting a lot in a Residential District shall conform to the
buffer yard requirements of Chapter 21A.48 of this title.
5. Accessory Buildings and Structures in Yards: Accessory buildings and structures may
be located in a required yard subject to Section 21A.36.020, Table 21A.36.020B of
this title.
8
6. Maximum Setback: A maximum setback is required for at least seventy five percent
(75%) of the building facade. The maximum setback is fifteen feet (15’). Exceptions
to this requirement may be authorized through the design review process, subject to
the requirements of Chapter 21A.59 of this title, and the review and approval of the
planning commission. The planning director, in consultation with the transportation
director, may modify this requirement if the adjacent public sidewalk is substandard
and the resulting modification to the setback results in a more efficient public
sidewalk. The planning director may waive this requirement for any addition,
expansion, or intensification, which increases the floor area or parking requirement
by less than fifty percent (50%) if the planning director finds the following:
a. The architecture of the addition is compatible with the architecture of the original
structure or the surrounding architecture.
b. The addition is not part of a series of incremental additions intended to subvert the
intent of the ordinance.
Appeal of administrative decision is to the planning commission.
SECTION 9. Amending the text of Salt Lake City Code Section 21A.26.078. That
Section 21A.26.078 of the Salt Lake City Code (Zoning: Commercial Districts: TSA Transit
Station Area District) shall be, and hereby is amended to read as follows:
21A.26.078: TSA TRANSIT STATION AREA DISTRICT:
A. Purpose Statement: The purpose of the TSA Transit Station Area District is to provide an
environment for efficient and attractive transit and pedestrian oriented commercial,
residential and mixed use development around transit stations. Redevelopment, infill
development and increased development on underutilized parcels should include uses that
allow them to function as part of a walkable, mixed use district. Existing uses that are
complementary to the district, and economically and physically viable, should be
integrated into the form and function of a compact, mixed use pedestrian oriented
neighborhood. Each transit station is categorized into a station type. These typologies are
used to establish appropriate zoning regulations for similar station areas. Each station
area will typically have two (2) subsections: the core area and the transition area. Due to
the nature of the area around specific stations, the restrictions of overlay zoning districts,
and the neighborhood vision, not all station areas are required to have a core area and a
transition area.
1. Core Area: The purpose of the core area is to provide areas for comparatively intense
land development with a mix of land uses incorporating the principles of sustainable,
transit oriented development and to enhance the area closest to a transit station as a
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lively, people oriented place. The core area may mix ground floor retail, office,
commercial and residential space in order to activate the public realm.
2. Transition Area: The purpose of the transition area is to provide areas for a moderate
level of land development intensity that incorporates the principles of sustainable
transit oriented development. The transition area is intended to provide an important
support base to the core area and transit ridership as well as buffer surrounding
neighborhoods from the intensity of the core area. These areas reinforce the viability
of the core area and provide opportunities for a range of housing types at different
densities. Transition areas typically serve the surrounding neighborhood and include a
broad range of building forms that house a mix of compatible land uses. Commercial
uses may include office, retail, restaurant and other commercial land uses that are
necessary to create mixed use neighborhoods.
B. Station Area Types: A station area typology is the use of characteristics, such as building
types, mix of land use, transit service and street network to create generalizations about
an area that can be used to define a common vision for development of a transit station
area. Each typology recognizes the important difference among places and destinations
and takes into account the local context of a station and its surroundings. Refer to the
official Salt Lake City zoning map to determine the zoning of the land within each station
area.
1. Urban Center Station (TSA-UC): An urban center station contains the highest relative
intensity level and mix of uses. The type of station area is meant to support downtown
Salt Lake and not compete with it in terms of building scale and use.
2. Urban Neighborhood Station (TSA-UN): An evolving and flexible development
pattern defines an urban neighborhood station area. Urban neighborhoods consist of
multilevel buildings that are generally lower scale than what is found in the urban
center station area. The desired mix of uses would include ground floor commercial
or office uses with the intent of creating a lively, active, and safe streetscape.
3. Mixed Use Employment Center Station (TSA-MUEC): A mixed use employment
station is an area with a high concentration of jobs that attract people from the entire
region. Buildings are often large scale in nature and may have large footprints. Land
uses that support the employment centers such as retail sales and service and
restaurants are located throughout the station area and should occupy ground floor
space in multi-story buildings oriented to the pedestrian and transit user. A mix of
housing types and sizes are appropriate to provide employees with the choice to live
close to where they work. Building types should trend toward more flexible building
types over time. Connectivity for all modes of travel is important due to the limited
street network.
4. Special Purpose Station (TSA-SP): The special purpose station is typically centered
on a specific land use or large scale regional activity. These areas are generally served
by a mix of transit options. Land uses such as restaurants and retail support the
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dominant land use and attract people to the area. A mix of housing types and sizes are
appropriate in certain situations. Future development should be aimed at increasing
the overall intensity and frequency of use in the station area by adding a mix of uses
that can be arranged and designed to be compatible with the primary use.
C. Review Process: The review process for all new development and redevelopment within
the Transit Station Area Zoning District is based on the development score which is
generated by the “Transit Station Area Development Guidelines” hereby adopted by
reference.
1. The following types of development are required to go through this review process:
a. Any addition of one thousand (1,000) square feet or more that extend a street
facing building facade or are located to the side of a building and are visible from
a public space; or
b. Additions that increase the height of an existing building or change the existing
roofline;
c. Additions to the rear of buildings that are not adjacent to a public street, trail or
other public space are not required to obtain a development score but must
comply with all other applicable regulations. Signs, fences, accessory structures
and any other structure or addition not listed in this section are not required to
obtain a development score.
d. Single-family detached dwellings and two-family dwellings are not required to
obtain a development score.
2. Application process steps:
a. Presubmittal Conference: All applicants for development within the TSA Transit
Station Area Zoning District are required to attend a presubmittal conference with
the planning division. The purpose of the presubmittal conference is to notify the
applicant of the goals of the station area plans, the standards in this section, and
the review and approval process.
b. Development Review Application: After a presubmittal conference, the developer
can submit a development review application. This application and all submittal
requirements will be used to determine the development score. The application
shall include a score sheet on which the development guidelines and their
assigned values are indicated and two (2) checklists: one for the applicant’s use
and one for the planning division’s use.
c. Public Noticing: A notice of application for a development review shall be
provided in accordance with Chapter 21A.10 of this title.
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d. Application Review: Table 21A.26.078.C.2.d of this Subsection C summarizes
the application review process. All applications shall be processed as follows:
(1) Tier 1 Planning Commission Review: If a project is assigned a score less than
125 points, the project can only be approved by the planning commission
through the design review process in Chapter 21A.59 of this title. Once the
applicant receives written notice of their score, they will be given thirty (30)
days to notify the planning division of their intention to proceed with the
project through the design review process or make necessary plan adjustments
to increase their development score to the minimum level in order to go
through an administrative review process.
(2) Tier 2 Administrative Review: The planning director has the authority to
approve a project scoring 125 points or more without holding a public
hearing. The project shall be allowed to go through the standard building
permit process. A public hearing is not required because the project
incorporates adequate development guidelines or development incentives to
be deemed compliant with the vision for the station area.
TABLE 21A.26.078.C.2.d
APPLICATION REVIEW
Development Score Review Process
0 - 124 points Planning commission design review process
125 or more points Administrative review
D. Development Score: The purpose of the development score is to allow flexibility for
designers while implementing the city’s vision of the applicable station area plans and the
purpose of this zoning district. The development score measures the level of
compatibility between a proposed project and the station area plan. A “station area plan”
is a development, land use, urban design and place making policy document for the area
around a specific transit station. The development score is based on the development
guidelines and development incentives in the “Transit Station Area Development
Guidelines” book, hereby adopted by reference. The “Transit Station Area Development
Guidelines” shall be amended following the adopted procedures for zoning text
amendments in Chapter 21A.50, “Amendments”, of this title.
1. Formulating the Score: The development score is formulated by calculating all of the
development guideline values for a particular project. Each design guideline and
incentive is given a value based on its importance. Some guidelines are considered
more important and carry a higher value than others. All other applicable zoning
regulations shall be complied with by all projects and are not calculated in the
development score.
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2. Project Review: A development score shall be assigned to all projects within the TSA
Transit Station Area District after a complete development review application is
submitted. The planning director shall provide, in writing, a copy of the review
checklist and explanation of the outcome of the score to the applicant within thirty
(30) days of submitting a complete application.
3. Appeals: The development score may be appealed. All appeals of the development
score are heard by the appeals hearing officer. In hearing the appeal, the appeals
hearing officer shall hold a public hearing in accordance with Section 21A.10.030 of
this title. In deciding the appeal, the appeals hearing officer shall base its decision on
its interpretation of the development guidelines and the development score.
4. Expiration: No development score shall be valid for a period longer than one year
unless a building permit has been issued or complete building plans have been
submitted to the Division of Building Services.
E. Development Standards:
1. Application: The dimensional requirements of this section apply to all new buildings
and developments as well as additions to existing buildings. Additions that bring the
property closer to compliance are allowed. The following development standards
apply to the core and transition areas of all station types.
2. Building Height: The minimum and maximum building heights are found in Table
21A.26.078.E.2, “Building Height Regulations”, of this Subsection E.2. The
following exceptions apply:
a. The minimum building height applies to all structures that are adjacent to a public
or private street. The building shall meet the minimum building height for at least
fifty percent (50%) of the width of the street facing building wall.
b. Projects that achieve a development score that qualifies for administrative review
are eligible for an increase in height. The increase shall be limited to one story of
habitable space. The height of the additional story shall be equal to or less than
the average height of the other stories in the building. This is in addition to the
height authorized elsewhere in this title.
TABLE 21A.26.078.E.2
BUILDING HEIGHT REGULATIONS
Minimum Height1 Maximum Height
Urban center:
Core 40’ 90’2
Transition 25’ 60’
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Minimum Height1 Maximum Height
Urban neighborhood:
Core 25’ 75’
Transition 0’ 50’
Mixed use employment center:
Core 25’ 75’
Transition 0’ 60’
Special purpose:
Core 25’ 75’
Transition 0’ 60’
Notes:
1. Minimum building heights apply to those properties with frontage on the street where
fixed rail transit is located.
2. Buildings with a roof that has at least 2 sloping planes may be allowed up to 105 feet.
The slope of the plane must have a minimum slope of a 2 feet rise over a 12 foot run. The
additional height may include habitable space. The sloping planes must be clearly visible
and create a sloped roof shape. The sloping planes shall not be hidden by a parapet wall.
3. Setbacks:
a. General Standards for Front/Corner Side Yards:
(1) All portions of the yard not occupied by building, driveways, walkways or
other similar features must be landscaped or include an active outdoor use,
such as outdoor dining, plazas, courtyards or other similar outdoor use. See
Subsection F of this section for specific front yard design requirements.
(2) Walls up to three feet (3’) in height, patios and other similar elements
intended to activate the sidewalk can be located to the property line.
(3) Awnings or canopies may be located within any portion of the yard and are
not subject to the front or corner side yard restrictions in
Subsection 21A.36.020.B, Table 21A.36.020.B of this title.
(4) Balconies may project up to two feet (2’) into the required yards and are not
subject to the front or corner side yard restrictions in
Subsection 21A.36.020.B, Table 21A.36.020.B of this title.
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(5) All front and corner side yard standards in Table 21A.26.078.E.3.b of this
Subsection E may be modified through the design review process of Chapter
21A.59 of this title, except that the front and corner side yard setback for 400
South shall not be reduced below the minimum.
b. Table 21A.26.078.E.3.b Setback Standards:
TABLE 21A.26.078.E.3.b
SETBACK STANDARDS
Property
Frontage
Front/Corner
Side Yard Setback
Interior
Side Yard Rear Yard
400 South Minimum: 10’, and at least 50%
of the street facing building
facade must be built to the
minimum.
Minimum: None, except a 25’
setback is required when adjacent
to an OS, R-1, R-2, SR, RMF-30,
RMF-35 or RMF-45 zoning
district. The minimum shall
increase 1’ for every 1’ increase
in building height above 25’ and
is applied to the portion of the
building over 25’ in height.
Maximum setback: 20’, but may
be increased if the additional
setback is used for plazas,
courtyards, or outdoor dining
areas.
In locations where the sidewalk is
not a minimum of 10’ wide,
additional sidewalk width shall be
installed by the developer so
there is a minimum width
sidewalk of 10’. This applies to
new buildings and to additions
that increase the gross building
square footage by more than
50%. This standard does not
require removal of existing
buildings or portions thereof.
North Temple Minimum: 5’, and at least 50% of
the street facing building facade
must be built to the minimum.
Maximum: 15’, but may be
increased if the additional setback
is used for plazas, courtyards, or
outdoor dining areas.
In locations where the sidewalk is
not a minimum of 10’ wide,
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Property
Frontage
Front/Corner
Side Yard Setback
Interior
Side Yard Rear Yard
additional sidewalk width shall be
installed by the developer so
there is a minimum width
sidewalk of 10’. This applies to
new buildings and to additions
that increase the gross building
square footage by more than
50%. This standard does not
require removal of existing
buildings or portions thereof.
300 South, 500
South, 600 East
Minimum: Equal to the average
setback of other principal
buildings on the same block
face.
Streets with right-
of-way width of
50’ or less with R-
1, R-2, SR, RMF-
30, RMF-35 or
RMF-45 zoning
district on either
side of the street
Minimum: 25% of lot depth, up
to 25’.
For buildings taller than 25’,
setback shall increase 2’ for every
1’ of building height above 25’
and is applied to the portion of
the building over 25’ in height.
All other streets Minimum: None
At least 50% of the street facing
building facade shall be within 5’
of the front or corner side
property line.
c. Special Setback Provisions for Properties Adjacent to Jordan River: For properties
that are adjacent to the Jordan River, the building setback from the Jordan River
shall be fifty feet (50’), measured from the annual high water level as defined in
Section 21A.34.130 of this title. For buildings over fifty feet (50’) in height, the
setback shall increase one foot (1’) for every foot in height over fifty feet (50’) up
to a maximum of seventy five feet (75’). Portions of buildings over fifty feet (50’)
in height may be stepped back to comply with this standard.
4. Minimum Lot Area and Lot Width Requirements:
16
TABLE 21A.26.078.E.4
MINIMUM LOT AREA AND LOT WIDTH STANDARDS
Standard Required Dimension
Minimum lot area 2,500 square feet
Minimum lot width 40 feet
a. The minimum lot area applies to all new subdivisions of land and shall not be
used to calculate residential density.
b. Any legally existing lot may be developed without having to comply with the
minimum lot size or width requirements.
c. Lots subdivided for single-family detached, single-family attached, and two-
family residential dwellings are exempt from minimum lot width requirements.
d. Lots subdivided for single-family attached dwellings are exempt from minimum
lot area provided that:
(1) Parking for units shall be rear loaded and accessed from a common drive
shared by all units in a particular development;
(2) Driveway access shall connect to the public street in a maximum of two (2)
locations; and
(3) No garages shall face the primary street and front yard parking shall be strictly
prohibited.
5. Open Space Area: Open space areas shall be provided at a rate of one square foot for
every ten (10) square feet of land area included in the development, up to five
thousand (5,000) square feet for core areas, and up to two thousand five hundred
(2,500) square feet for transition areas. Open space areas includes landscaped yards,
patios, public plazas, pocket parks, courtyards, rooftop and terrace gardens and other
similar types of open space area amenities. All required open space areas shall be
accessible to the users of the building(s).
6. Circulation and Connectivity: Development within the station area shall be easily
accessible from public spaces and provide safe and efficient options for all modes of
travel. Circulation networks, whether public or private, require adequate street,
pedestrian and bicycle connections to provide access to development. The internal
circulation network shall be easily recognizable, formalized and interconnected.
a. All parking lots shall comply with the standards in Section 21A.44.020, “General
Off Street Parking Regulations”, of this title.
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b. Parking is prohibited between the street-facing building line and any front or
corner side property line. This shall include any drive aisle that is not
perpendicular to the front or corner side property line.
c. Any new development shall provide a midblock walkway if a midblock walkway
on the subject property has been identified in a master plan that has been adopted
by the city. The following standards apply to the midblock walkway:
(1) The midblock walkway must be a minimum of ten feet (10’) wide and include
a minimum six foot (6’) wide unobstructed path.
(2) The midblock walkway may be incorporated into the building provided it is
open to the public. A sign shall be posted indicating that the public may use
the walkway.
7. Accessory Structures: No accessory structure shall be located in a required front yard
or between the primary building and a property line adjacent to a public street.
F. Design Standards:
1. Development shall comply with the design standards in Chapter 21A.37 of this title
when applicable as specified in that chapter.
2. All developments required to obtain a review score by Subsection C of this section
shall comply with the following additional design standards. These specific standards
may be modified through the design review in Chapter 21A.59 of this title if the
modifications meet the intent of the specific design standard requested to be
modified:
a. EIFS and Stucco Limitation: Use of Exterior Insulation and Finishing System
(EIFS) or traditional stucco is not allowed as a building material on the ground
floor of street facing building facades. Use of EIFS and stucco is allowed for up to
ten percent (10%) of the upper level street facing facades.
b. Front and Corner Side Yard Design Requirements:
(1) In yards greater than ten feet (10’) in depth, one shade tree shall be planted for
every thirty feet (30’) of street frontage. For the purpose of this section, a
shade tree is any tree that has a mature minimum tree canopy of thirty feet
(30’) and a mature height that is forty feet (40’) or greater.
(2) At least fifty percent (50%) of the front or corner side yards shall be covered
in live plant material. This can include raised planter boxes. This percentage
can be reduced to thirty percent (30%) if the yard includes outdoor dining,
patios, outdoor public space, or private yards for ground floor residential uses
18
that cover at least fifty percent (50%) of the provided front or corner side
yard.
(3) At least thirty percent (30%) of the front or corner side yard shall by occupied
by outdoor dining areas, patios, outdoor public space, or private yards for
ground floor residential uses.
(4) Driveways necessary for vehicle access to the site are allowed regardless of
compliance with the minimum percentages required by this subsection.
c. Entry Feature Requirements: All required building entries shall include at least
one of the following features:
(1) An awning or canopy over the entrance that extends a minimum of five feet
(5’) from the street facing building facade;
(2) A recessed entrance that is recessed at least five feet (5’) from the street facing
facade;
(3) A covered porch that is at least five feet (5’) in depth and at least forty (40)
square feet in size; or
(4) A stoop that is at least two feet (2’) above sidewalk level and that includes an
awning or canopy that extends at least three feet (3’) from the street facing
building facade.
d. Ground Floor Use Requirement For 400 South and North Temple Boulevard:
When facing 400 South or North Temple Boulevard, the ground floor use area
required by Chapter 21A.37 of this title shall be built to accommodate an allowed
commercial, institutional, or public use. Live/work uses qualify as a commercial
use for this subsection.
(1) Exception: Residential uses may be permitted within the required area in lieu
of the required use, if the ground floor is designed so that it can be converted
to an allowed commercial use in the future. To accommodate this conversion,
the shell space of the ground floor shall be built to an occupancy standard
required by the adopted building code that can accommodate conversion of
the interior of the space to a future permitted commercial use.
(2) The following additional requirements shall apply to the ground floor space if
used for residential uses:
(A) The shell space shall be at least twelve feet (12’) in height;
(B) The street facing facade of each ground floor residential unit shall be at
least sixty percent (60%) glass;
19
(C)Each ground floor unit shall have a direct entrance from the sidewalk to
the unit;
(D)Each ground floor unit shall be ADA accessible; and
(E) Each ground floor unit shall include a porch, patio, stoop or other entrance
feature that is a minimum depth of at least five feet (5’).
G. Multiple Buildings on a Single Parcel: Multiple principal buildings on a single parcel are
permitted provided each principal building meets the requirements of this chapter and
each principal building obtained a separate development score. New principal buildings
can be located toward the rear of a parcel provided there is an existing or additional new
principal building that complies with the front yard building setbacks. If one principal
building receives a development score lower than other principal buildings on the site, the
project shall be processed based on the lowest development score obtained. Multiple
single-family detached dwellings and two-family dwellings may be located on one lot
and are not required to obtain a development score.
H. Conflicting Regulations: In cases where the regulations of this section conflict with
another section of this zoning ordinance, this section shall take precedence except in
situations where the conflict is related to the use of the property, in which case the more
restrictive regulation takes precedence. In station areas within an overlay district, the
overlay district shall take precedence.
I. Developments Over Five Acres:
1. Intent: Large scale developments have the potential to function as a self-contained
mixed use neighborhood and could have both positive and negative impacts on
nearby properties. All developments over five (5) acres in size shall be designed and
planned to include a series of blocks and a network of public or private streets that
connects to the existing public streets in the area and to adjacent development and
neighborhoods. Buildings should be oriented to this street network. Regulating block
size is necessary to provide development sites that are oriented to the pedestrian while
accommodating other modes of transportation. A street network is required to ensure
adequate circulation for pedestrians, bicycles, automobiles and service vehicles
through the site, to adjacent sites and the public streets.
2. Application: These standards are in addition to all other applicable standards. In
situations where the standards in this section conflict with a standard in another
section, the standard in this section shall take precedence. A separate development
score is required for each new principal building in a development over five (5) acres.
a. Block Layout: The intent of regulating block size and dimension is to create a
development pattern where all principal buildings have their primary facades
facing a street, whether public or private. All developments over five (5) acres in
size shall be designed to include a series of blocks based on the standards below:
20
(1) The maximum perimeter dimension of any block shall be one thousand six
hundred feet (1,600’). The maximum length of any individual block face shall
be four hundred forty feet (440’).
(2) The maximum perimeter dimension of a block may be increased to two
thousand four hundred (2,400) linear feet, and the maximum length of any
block face increased to six hundred feet (600’) provided a mid block
pedestrian network is included. The mid block pedestrian network must be a
minimum of twenty feet (20’) wide and include pedestrian amenities such as
lighting, benches, and other similar features. The mid block walkway shall
connect to at least two (2) block faces or be extended to the property line to
allow for future extension.
b. Connectivity to Public Streets, Sidewalks, and Bicycle Lanes: In order to ensure
that the development will be fully integrated into the transit station area, that safe
and efficient travelways are provided, and to limit the impact on the primary
transit street and other adjacent streets, the internal circulation system, including
private streets, drive aisles, sidewalks and bicycle lanes shall connect to the public
street, sidewalks and bicycle lanes. All new streets shall be designed as a
“complete street” defined as a street that provides dedicated space for pedestrians,
bicyclists and automobiles.
c. Vehicle Access: Regulating access to private property from public streets is
necessary for integrating private development and public spaces. Limiting the
number of access points and spacing between access points reduces areas of
conflict between vehicles, pedestrians and bicycles. Maximum access widths
promote a development pattern that is oriented to pedestrians and bicyclists while
accommodating vehicles.
(1) Access points located on public streets intended for vehicles shall be spaced a
minimum of one hundred feet (100’) apart.
(2) No property shall have more than one (1) vehicle access point for every two
hundred (200) linear feet of frontage on a public street.
(3) No access drive shall be greater than twenty four feet (24’) wide.
(4) The location of all vehicle access points is subject to approval from the
transportation division of the city. The standards of this section may be
modified by the Transportation Division when, in the opinion of the director
of the transportation division, a different design would improve the overall
safety for all modes of transportation or improve the efficiency of the
transportation network.
d. Internal Circulation: Internal circulation systems allow for vehicles, pedestrians
and bicyclists to move safely and efficiently throughout a development site. A
21
logical, simple and well designed internal circulation system that connects with
adjacent circulation networks provides room for vehicles, safe walking paths for
pedestrians through the parking lot and the site to the public way, and well
marked routes for bicycles traveling from public spaces to bicycle parking areas
within a site. All new developments over five (5) acres are required to submit an
internal circulation network plan.
(1) Travel Lanes That Connect Parking Areas With a Public Street: All internal
vehicle travel lanes that connect internal parking areas with a public street
shall be designed to meet the minimum requirements in
Section 21A.44.060.A.6 of this title.
(2) Design Speed: The internal circulation system shall be designed to move
vehicles at speeds of twenty (20) miles per hour or less.
(3) Future Access to Adjacent Properties and Rights-Of-Way: All internal drive
aisles, sidewalks, and paths shall be extended to property lines to allow for
future cross access to adjacent properties when the adjacent property is
undeveloped and to rights-of-way.
(4) Centerlines: The centerline of all internal streets shall be in line with the
centerline of a street on the opposite side of an intersecting street unless the
intersecting street is divided by a median. Offset streets shall be a minimum of
two hundred feet (200’) apart, measured from centerline to centerline.
(5) Publicly Dedicated Streets: Any street that is to be publicly dedicated shall
meet the city’s minimum construction and design standards (including street
lighting, park strip, street trees, etc.).
(6) Pedestrian Routes: Pedestrian routes that provide safe, comfortable, clear and
direct access throughout the development shall be provided. Pedestrian paths
shall be bordered by residential fronts, green space, active open space, or
commercial storefronts.
(7) Bicycle Paths: A coordinated system of bicycle paths should be provided.
(8) Approval; Modification of Standards: The internal circulation network is
subject to approval from the transportation division of the city. The standards
of this section may be modified by the transportation division when, in the
opinion of the director of the transportation division, a different design would
improve the overall safety for all modes of transportation or improve the
efficiency of the transportation network.
e. Parking: Parking may be provided along any private street within a development
over five (5) acres. The parking shall be counted toward the applicable off
street parking standard when provided on private streets. All parking areas and
22
spaces must comply with the parking lane widths identified in
Section 21A.44.060.A.6 of this title.
f. Open Space Area: In order to provide space for passive and active recreation,
public and private gatherings, offset storm drainage due to nonpermeable surfaces
and as an amenity to individual developments and their residents, employees and
customers, usable open space areas are required for all new developments.
(1) Required: In the core and transition areas of all station areas, a minimum of
ten percent (10%) of the site, up to fifteen thousand (15,000) square feet, shall
be devoted to open space areas. “Usable open space area” is defined as
landscaped areas, plazas, outdoor dining areas, terraces, rooftop gardens,
stormwater retention areas, and any other similar type of area.
(2) Connectivity to Adjacent Open Space Area: When adjacent to public open
space areas, parks, trails and pathways, open space areas on developments
over five (5) acres in size are encouraged to provide access to the public open
space area.
g. Landscaping: All areas not occupied by buildings, plazas, terraces, patios, parking
areas, or other similar feature shall be landscaped. If a project is developed in
phases, only those areas in a phase that is under construction shall be landscaped.
Landscaping in future phases shall be installed as those phases develop. Areas in
future phases may be used as community gardens or other active open space until
such time as development of that phase begins.
SECTION 10. Amending the text of Salt Lake City Code Subsection 21A.30.020.D. That
Subsection 21A.30.020.D of the Salt Lake City Code (Zoning: Downtown Districts: D-1 Central
Business District: D-1 District General Regulations) shall be, and hereby is amended to read as
follows:
D. D-1 District General Regulations: The regulations established in this section apply to the
D-1 District as a whole.
1. Minimum Lot Size: No minimum lot area or lot width is required, except in block
corner areas as specified in Subsection E.5 of this section.
2. Yard Requirements:
a. Front and corner side yards: No minimum yards are required, however, no yard
shall exceed five feet (5’) except as authorized through the design review process.
Such design reviews shall be subject to the requirements of Chapter 21A.59 of
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this title. Where an entire block frontage is under one ownership, the setback for
that block frontage shall not exceed twenty five feet (25’). Exceptions to this
requirement may be authorized through the design review process, subject to the
requirements of Chapter 21A.59 of this title.
b. Interior side and rear yards: None required.
3. Interior Plazas, Atriums and Galleries: Interior plazas, atriums and galleries shall be
permitted throughout the D-1 Central Business District.
4. Location of Service Areas: All loading docks, refuse disposal areas and other service
activities shall be located on block interiors away from view of any public street.
Exceptions to this requirement may be approved through the site plan review process
when a permit applicant demonstrates that it is not feasible to accommodate these
activities on the block interior. If such activities are permitted adjacent to a public
street, a visual screening design approved by the zoning administrator shall be
required.
5. Landscape Requirements: All buildings constructed after April 12, 1995, shall
conform to the special landscape requirements applicable to the D-1 Central Business
District as contained in Chapter 21A.48 of this title.
6. Mid Block Walkways: As part of the city’s plan for the downtown area, it is intended
that mid block walkways be provided to facilitate pedestrian movement within the
area. To delineate the public need for such walkways, the city has formulated an
official plan for their location and implementation, which is on file at the planning
division office. All buildings constructed after the effective date hereof within the D-
1 Central Business District shall conform to this officially adopted plan for mid block
walkways.
7. Landscape Requirements for Demolition Sites: Vacant lots, resulting from demolition
activities where no replacement use is proposed, shall conform to Chapter 21A.48 of
this title, special landscape requirements applicable to the D-1 Central Business
District.
SECTION 11. Amending the text of Salt Lake City Code Section 21A.30.030. That
Section 21A.30.030 of the Salt Lake City Code (Zoning: Downtown Districts: D-2 Downtown
Support District) shall be, and hereby is amended to read as follows:
21A.30.030: D-2 DOWNTOWN SUPPORT DISTRICT:
A. Purpose Statement: The purpose of the D-2 Downtown Support Commercial District is to
provide an area that fosters the development of a sustainable urban neighborhood that
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accommodates commercial, office, residential and other uses that relate to and support
the D-1 Central Business District. Development within the D-2 Downtown Support
Commercial District is intended to be less intensive than that of the D-1 Central Business
District, with high lot coverage and buildings placed close to the sidewalk. This district is
appropriate in areas where supported by applicable master plans. Design standards are
intended to promote pedestrian oriented development with a strong emphasis on a safe
and attractive streetscape.
B. Uses: Uses in the D-2 Downtown Support District, as specified in Section 21A.33.050,
“Table of Permitted and Conditional Uses for Downtown Districts”, of this title, are
permitted subject to the general provisions set forth in Section 21A.30.010 of this chapter
and this section.
C. Lot Size Requirements: No minimum lot area or lot width shall be required.
D. Maximum Building Height: The maximum permitted building height shall not exceed
one hundred twenty feet (120’) subject to the following review process: Buildings over
sixty five feet (65’) in height are subject to design review according to the requirements
of Chapter 21A.59 of this title.
E. Minimum Yard Requirements:
1. Front and Corner Side Yard: There is no minimum setback. The maximum setback is
ten feet (10’).
2. Interior Side Yards: No minimum side yard is required except a minimum of fifteen
feet (15’) side yard is required when the side yard is adjacent to a single or two family
residential zoning district.
3. Rear Yard: No minimum rear yard is required except a minimum of twenty five feet
(25’) rear yard is required when the rear yard is adjacent to a single or two family
residential district.
4. Buffer Yards: Any lot abutting a lot in a residential district shall conform to the buffer
yard requirements of Chapter 21A.48 of this title.
F. Landscape Yard Requirements: If a front or corner side yard is provided, such yard shall
be maintained as a landscaped yard. The landscaped yard can take the form of outdoor
dining, patio, courtyard or plaza, subject to site plan review approval.
G. Mid-Block Walkways: Any new development shall provide a midblock walkway if a
midblock walkway on the subject property has been identified in a master plan that has
been adopted by the city. The following standards apply to the midblock walkway:
1. The midblock walkway must be a minimum of ten feet (10’) wide and include a
minimum six foot (6’) wide unobstructed path.
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2. The midblock walkway may be incorporated into the building provided it is open to
the public. A sign shall be posted indicating that the public may use the walkway.
H. Ground Floor Uses: To activate the ground floor of structures, retail goods
establishments, retail service establishments, public service portions of businesses,
restaurants, taverns/brewpubs, bar establishments, art galleries, theaters or performing art
facilities are required on the ground floor of structures facing State Street, Main Street,
800 South and 900 South.
I. Existing Vehicle Sales or Lease Lots:
1. Vehicle Display Area: The parking provided in the vehicle display area will not be
counted as off street parking when computing maximum parking requirements and is
not considered to be a surface parking lot when determining required setbacks in this
section.
2. Design Standards: Structures associated with accessory uses such as but not limited to
repair shops or vehicle washing do not need to meet required design standards and
may exceed the maximum front and corner side yard setbacks. Primary structures that
contain sales floors and auto display areas must meet all design standards and
setbacks.
3. Landscaping: A landscaped yard of at least ten feet (10’) in depth is required along
any portion of the street frontage of the property that is not occupied by a permanent
structure. All other landscaping requirements in Chapter 21A.48 remain applicable.
4. Multiple Buildings: Vehicle sales or lease lots may have multiple buildings on a
parcel subject to all buildings being associated with the use of the lot as vehicles sales
or lease.
SECTION 12. Amending the text of Salt Lake City Code Section 21A.30.040. That
Section 21A.30.040 of the Salt Lake City Code (Zoning: Downtown Districts: D-3 Downtown
Warehouse/Residential District) shall be, and hereby is amended to read as follows:
21A.30.040: D-3 DOWNTOWN WAREHOUSE/RESIDENTIAL DISTRICT:
A. Purpose Statement: The purpose of the D-3 Downtown Warehouse/Residential District is
to provide for the reuse of existing warehouse buildings for multi-family and mixed use
while also allowing for continued retail, office and warehouse use within the district. The
reuse of existing buildings and the construction of new buildings are to be done as multi-
family residential or mixed use developments containing retail or office uses on the lower
floors and residential on the upper floors. This district is appropriate in areas where
supported by applicable master plans. The standards are intended to create a unique and
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sustainable downtown neighborhood with a strong emphasis on urban design, adaptive
reuse of existing buildings, alternative forms of transportation and pedestrian orientation.
B. Uses: Uses in the D-3 Downtown Warehouse/Residential District as specified in
Section 21A.33.050, “Table of Permitted and Conditional Uses for Downtown Districts”,
of this title, are permitted subject to the provisions of this chapter and other applicable
provisions of this title.
C. Controls Over Mixed Use: The concept of mixed use is central to the nature of the D-3
Downtown Warehouse/Residential District. To ensure that mixed use developments
provide for on site compatibility as well as neighborhood compatibility, the change of
land use type or an increase in floor area by twenty five percent (25%) of existing
principal buildings and the construction of buildings for new uses after April 12, 1995,
shall conform to the following provisions. Construction related to the rehabilitation
including remodeling or modification of existing uses, or the change of use to a similar
use, shall not be subject to these provisions:
1. Buildings containing commercial/office uses located above the second story shall
incorporate multi-family dwellings, boarding house, bed and breakfast, or hotel uses
in the amount of at least fifty percent (50%) of the total floor area of the building;
2. Commercial/office uses shall be permitted as the sole use in two-story buildings only;
and
3. Commercial/office uses in buildings of three (3) stories or more without multi-family
dwellings shall be allowed only as a conditional use and then only when the applicant
has demonstrated that the proposed location is not suitable for multi-family
residential use.
D. Lot Size Requirements: No minimum lot area or lot width shall be required.
E. Maximum Building Height: No building shall exceed seventy five feet (75’). Buildings
taller than seventy five feet (75’) but less than ninety feet (90’) may be authorized
through the design review process, provided the additional height is supported by the
applicable master plan, the overall square footage of the buildings is greater than fifty
percent (50%) residential use, and subject to the requirements of Chapter 21A.59 of this
title.
F. Mid Block Walkways: As a part of the city’s plan for the downtown area, it is intended
that mid block walkways be provided to facilitate pedestrian movement within the area.
To delineate the public need for such walkways, the city has formulated an official plan
for their location and implementation, which is on file at the planning division office. All
buildings constructed within the D-3 Downtown Warehouse/Residential District shall
conform to this plan for mid block walkways.
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G. Minimum Open Space Area: All lots containing dwelling units shall provide common
open space area in the amount of twenty percent (20%) of the lot area. This common
open space area may take the form of ground level plazas, interior atriums, landscape
areas, roof gardens and decks on top of buildings or other such forms of open space
available for the common use by residents of the property.
SECTION 13. Amending the text of Salt Lake City Code Section 21A.30.045. That
Section 21A.30.045 of the Salt Lake City Code (Zoning: Downtown Districts: D-4 Downtown
Secondary Central Business District) shall be, and hereby is amended to read as follows:
21A.30.045: D-4 DOWNTOWN SECONDARY CENTRAL BUSINESS DISTRICT:
A. Purpose Statement: The purpose of the D-4 Downtown Secondary Central Business
District is to foster an environment consistent with the area’s function as a housing,
entertainment, cultural, convention, business, and retail section of the city that supports
the D-1 Central Business District. Development is intended to support the regional
venues in the district, such as the Salt Palace Convention Center, and to be less intense
than in the D-1 Central Business District. This district is appropriate in areas where
supported by applicable master plans. The standards are intended to achieve established
objectives for urban and historic design, pedestrian amenities, and land use control,
particularly in relation to retail commercial uses.
B. Uses: Uses in the D-4 Downtown Secondary Central Business District as specified in
Section 21A.33.050, “Table of Permitted and Conditional Uses for Downtown Districts”,
of this title, are permitted subject to the general provisions set forth in
Section 21A.30.010 of this chapter. In addition, all conditional uses in the D-4
Downtown Secondary Central Business District shall be subject to design evaluation and
approval by the planning commission.
C. D-4 Downtown Secondary Central Business District General Regulations:
1. Minimum Lot Size: No minimum lot area or lot width is required.
2. Yard Requirements:
a. Front and Corner Side Yards: No minimum yards are required, however, no yard
shall exceed five feet (5’) except as authorized through the design review process.
Such designs shall be subject to the requirements of Chapter 21A.59 of this title.
Where an entire block frontage is under one ownership, the setback for that block
frontage shall not exceed twenty five feet (25’). Exceptions to this requirement
may be authorized through the design review process subject to the requirements
of Chapter 21A.59 of this title.
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b. Interior Side And Rear Yards: None required.
3. Interior Plazas, Atriums and Galleries: Interior plazas, atriums and galleries shall be
permitted throughout the D-4 Downtown Secondary Central Business District.
4. Location of Service Areas: All loading docks, refuse disposal areas and other service
activities shall be located on block interiors away from view of any public street.
Exceptions to this requirement may be approved through the site plan review process
when a permit applicant demonstrates that it is not feasible to accommodate these
activities on the block interior. If such activities are permitted adjacent to a public
street, a visual screening design approved by the zoning administrator shall be
required.
5. Landscape Requirements: All buildings constructed after April 12, 1995, shall
conform to the special landscape requirements applicable to the D-4 Downtown
Secondary Central Business District as contained in Chapter 21A.48 of this title.
6. Maximum Building Height: No building shall exceed seventy five feet (75’).
Buildings taller than seventy five feet (75’) but less than one hundred twenty feet
(120’) may be authorized through the design review process, subject to the
requirements of Chapter 21A.59 of this title. Additional height may be allowed as
specified below:
a. Additional Permitted Height Location: Additional height greater than one hundred
twenty feet (120’) but not more than three hundred seventy five feet (375’) in
height is permitted in the area bounded by:
(1) The centerlines of South Temple, West Temple, 200 South, and 200 West
Streets; and
(2) Beginning at the Southeast Corner of Block 67, Plat ‘A’, Salt Lake City
Survey, and running thence along the south line of said Block 67,
N89°54’02”W 283.86 feet; thence N00°04’50”E 38.59 feet; thence
N10°46’51”W 238.70 feet; thence N24°45’15”W 62.98 feet; thence
S89°54’02”E 355.45 feet to the east line of said Block 67; thence along said
east line S00°06’35”W 330.14 feet to the point of beginning. Contains
102,339 square feet, or 2.349 acres, more or less.
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b. Additional Permitted Height Conditions: Buildings may exceed the one hundred
twenty foot (120’) height limit to a maximum height of three hundred seventy five
feet (375’), provided they conform to the standards and procedures outlined in the
design review process of Chapter 21A.59 of this title and the following
requirements:
(1) Additional Setback: To minimize excessive building mass at higher elevations
and preserve scenic views, some or all of the building mass shall be subject to
additional setback, as determined appropriate through the design review
process.
(2) Exception: The first fifty feet (50’) of height shall not be set back from the
street front more than five feet (5’) except that setbacks greater than five feet
(5’) may be approved through the design review process.
(3) Ground Floor Uses: See Subsection 21A.37.050.A and Section 21A.37.060,
Table 21A.37.060, Subsection D of this title for this requirement.
7. Mid Block Walkways: As a part of the city’s plan for the downtown area, it is
intended that mid block walkways be provided to facilitate pedestrian movement
within the area. To delineate the public need for such walkways, the city has
formulated an official plan for their location and implementation, which is on file at
the planning division office. All buildings constructed after the effective date hereof
within the D-4 Downtown Secondary Central Business District shall conform to this
plan for mid block walkways.
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8. Mid Block Streets: Developments constructing mid block streets, either privately
owned with a public easement or publicly dedicated, that are desired by an applicable
master plan:
a. May use a portion or all of the overhead and underground right-of-way of the new
mid block street as part of their developable area irrespective of lot lines, subject
to design review and approval of the planning commission.
b. May increase the height of the building on the remaining abutting parcel, subject
to the design review process in conformance with the standards and procedures of
Chapter 21A.59 of this title.
SECTION 14. Amending the text of Salt Lake City Code Section 21A.31.010. That
Section 21A.31.010 of the Salt Lake City Code (Zoning: Gateway Districts: General Provisions)
shall be, and hereby is amended to read as follows:
21A.31.010: GENERAL PROVISIONS:
A. Statement of Intent: The Gateway district is intended to provide controlled and
compatible settings for residential, commercial, and industrial developments, and
implement the objectives of the adopted gateway development master plan through
district regulations that reinforce the mixed use character of the area and encourage the
development of urban neighborhoods containing supportive retail, service commercial,
office, industrial uses and high density residential.
B. Uses: Uses in the Gateway district as specified in Section 21A.33.060, “Table of
Permitted and Conditional Uses in the Gateway District”, of this title, are permitted
subject to the general provisions set forth in this section.
C. Permitted Uses: The uses specified as permitted uses, in Section 21A.33.060, “Table of
Permitted and Conditional Uses in the Gateway District”, of this title are permitted;
provided, that they comply with all requirements of this chapter, the general standards set
forth in Part IV of this title, and all other applicable requirements of this title.
D. Conditional Uses: The uses specified as conditional uses in Section 21A.33.060, “Table
of Permitted and Conditional Uses in the Gateway District”, of this title, shall be
permitted in the Gateway district provided they are approved pursuant to the standards
and procedures for conditional uses set forth in Chapter 21A.54 of this title, and comply
with all other applicable requirements of this title, including the urban design evaluation
and/or the design review process established in this chapter and Chapter 21A.59 of this
title.
E. Site Plan Review; Design Review: In certain districts, permitted uses and conditional
uses have the potential for adverse impacts if located and oriented on lots without careful
31
planning. Such impacts may interfere with the use and enjoyment of adjacent property
and uses. Site plan review is a process designed to address such adverse impacts and
minimize them where possible. The design may also be evaluated to address elements of
urban design.
Site plan review, pursuant to Chapter 21A.58 of this title, for all of the Gateway district,
is required to protect the local economy, maintain safe traffic conditions, maintain the
environment, and assure harmonious land-use relationships between commercial uses and
more sensitive land uses in affected areas.
Design evaluation is necessary to implement the policies of the urban design plan as
adopted by the city council. Design review shall apply to conditional uses in the Gateway
district. In the Gateway district, the design review process is used to evaluate and resolve
urban design.
F. Mid Block Walkways: As a part of the city’s plan for the downtown area, it is intended
that mid block walkways be provided to facilitate pedestrian movement within the area.
To delineate the public need for such walkways, the city has formulated an official plan
for their location and implementation, which is on file at the planning division office. All
buildings constructed after the effective date hereof within the G-MU Gateway-Mixed
Use District shall conform to this plan for mid block walkways.
G. Location of Service Areas: All loading docks and other service activities shall be located
on block interiors away from view of any public street. Exceptions to this requirement
may be approved through the site plan review process when a permit applicant
demonstrates that it is not feasible to accommodate these activities on the block interior.
If such activities are permitted adjacent to a public street, a visual screening design
approved by the zoning administrator shall be required.
H. Impact Controls and General Restrictions:
1. Refuse Control: Refuse containers must be covered and shall be stored within
completely enclosed buildings or screened in conformance with the requirements of
Chapter 21A.48 of this title. For buildings existing as of April 12, 1995, this
screening provision shall be required if the floor area or parking requirements are
increased by twenty five percent (25%) or more by an expansion to the building or
change in the type of land use.
2. Lighting: On site lighting, including parking lot lighting and illuminated signs, shall
be located, directed or designed in a manner to prevent glare on adjacent properties.
I. Outdoor Sales, Display and Storage: “Sales and display (outdoor)” and “storage and
display (outdoor)”, as defined in Chapter 21A.62 of this title, are allowed where
specifically authorized in Section 21A.33.060, “Table of Permitted and Conditional Uses
in the Gateway District”, of this title. These uses shall conform to the following:
32
1. Outdoor sales and display and outdoor storage may also be permitted when part of an
authorized temporary use as established in Chapter 21A.42 of this title;
2. The outdoor permanent sales or display of merchandise shall not encroach into areas
of required parking;
3. The outdoor permanent sales or display of merchandise shall not be located in any
required yard area within the lot;
4. The outdoor sales or display of merchandise shall not include the use of banners,
pennants or strings of pennants; and
5. Outdoor storage shall be allowed only where specifically authorized in the applicable
district regulation and shall be required to be fully screened with opaque fencing not
to exceed eight feet (8’) in height.
J. Off Street Parking and Loading: All uses in the Gateway district shall comply with the
provisions governing off street parking and loading in Chapter 21A.44 of this title.
K. Environmental Performance Standards: All uses in the Gateway district shall conform to
the environmental performance standards in Section 21A.36.180 of this title.
L. Wall or Fencing: All uses in the Gateway district shall comply with the provisions
governing fences, walls and hedges in Section 21A.40.120 of this title.
M. Affordable Housing:
1. Notwithstanding the minimum height requirements identified above, any buildings
that have ten (10) or more residential units with at least twenty percent (20%) of the
units as affordable shall be allowed to have a minimum building height of thirty feet
(30’).
2. Affordable housing units within a market rate development shall be integrated
throughout the project in an architectural manner.
N. Accessory Uses, Buildings and Structures: Accessory uses and structures are permitted in
the Gateway district subject to the requirements of this chapter, Chapter 21A.36,
Subsection 21A.36.020.B, Section 21A.36.030, and Chapter 21A.40 of this title.
O. Urban Design: The urban design standards are intended to foster the creation of a rich
urban environment that accommodates growth and is compatible with existing buildings
and uses in the area. All general development and site plans shall be designed to
complement the surrounding existing contiguous (historic) development. The following
design standards will provide human scale through change, contrast, intricacy, color and
materials where the lower levels of buildings face public streets and sidewalks. They will
also spatially define the street space in order to concentrate pedestrian activity, create a
33
clear urban character and promote visibility of commercial activities at the ground level.
The standards will also encourage diversity through the use of building forms and
materials, while respecting the patterns, styles and methods of construction traditionally
used in the gateway area.
The following urban design standards will be reviewed as part of the site plan review
process, with assistance from planning division staff as necessary:
1. Architectural Character and Materials:
a. A differentiated base (on a building over 45 feet high) will provide human scale
through change, contrast, and intricacy in facade form, color and/or material
where the lower levels of the building face the sidewalk(s) and street(s). Scaling
elements such as insets and projections serve to break up flat or monotonous
facades, and respond to older nearby buildings. Therefore, all buildings in the
Gateway district are subject to the following standards:
(1) All buildings over forty five feet (45’) in height shall be designed with a base
that is differentiated from the remainder of the building. The base shall be
between one and three (3) stories in height, be visible from pedestrian view,
and appropriately scaled to the surrounding contiguous historic buildings. The
base shall include fenestration that distinguishes the lower from upper floors.
Insets and/or projections are encouraged.
(2) All new buildings in the Gateway district shall have a minimum of seventy
percent (70%) of the exterior material (excluding windows) be brick,
masonry, textured or patterned concrete and/or cut stone. With the exception
of minor building elements (e.g., soffit, fascia) the following materials are
allowed only through the design review process: EIFS, tilt-up concrete panels,
corrugated metal, vinyl and aluminum siding, and other materials.
(3) All buildings which have been altered over seventy five percent (75%) on the
exterior facade shall comply with the exterior material requirement for new
construction. Buildings older than fifty (50) years are exempt from this
requirement if alterations are consistent with the existing architecture.
(4) Two-dimensional curtain wall veneer of glass, spandrel glass or metal as a
primary building material is prohibited. The fenestration of all new
construction shall be three-dimensional (e.g., recessed windows, protruding
cornice, etc.).
b. The climate in Salt Lake City is such that in the summer months shade is
preferred, and in the winter months protection from snow is preferred. By
providing the pedestrian with a sidewalk that is enjoyable to use year round, a
pedestrian oriented neighborhood is encouraged. Therefore, new construction in
the gateway area is subject to the following standards:
34
(1) Arcades are permitted in the Gateway district, but where an arcade extends
over the public way, a revocable permit is required. Where an arcade is on
private property facing the street, the maximum setback for the building shall
be measured to the supporting beams for the arcade or the facade of the upper
floors, not the facade of the arcade level.
(2) Awnings and/or marquees, with or without signage, are required over entry
doors which are set back from the property line and may be allowed, under
revocable permit, when an entry is at a property line.
(3) Awnings, with or without signage, are permitted over ground level windows.
Where awnings extend out over the public way, a revocable permit is
required.
2. Windows and Building Fenestration:
a. Buildings whose exteriors are smooth, and do not provide any three-dimensional
details or fenestration are not appropriate in the Gateway district. Recessed
windows will eliminate flat, sterile elevations. Highly reflective materials are
distracting, and focus attention away from the positive qualities of the Gateway
district. Therefore, all buildings in the Gateway district are subject to the
following standards:
(1) Buildings with completely smooth exterior surfaces shall not be permitted, all
new construction shall have three-dimensional details on the exterior that
includes cornices, windowsills, headers and similar features.
(2) All windows shall be recessed from the exterior wall a minimum of three
inches (3”). Bay windows, projecting windows, and balcony doors are exempt
from this requirement.
(3) The reflectivity of the glass used in the windows shall be limited to eighteen
percent (18%) as defined by the ASTA standard.
3. Entrance and Visual Access:
a. The intent in the Gateway district is to encourage pedestrian activity between the
public street/sidewalk and buildings. Sidewalks shall provide continuous,
uninterrupted interest to the pedestrian by providing visual interest and/or
amenities. The gateway environment will benefit with increased pedestrian
activity; this activity will only occur if opportunities are provided that make
walking to a destination a preferred and an enjoyable pursuit. The use of blank
building facade walls is discouraged. Therefore, all buildings in the gateway area
are subject to the following standards:
35
(1) Minimum First Floor Glass: The first floor elevation facing a street of all new
buildings or buildings in which the property owner is modifying the size of
windows on the front facade within the Gateway district shall not have less
than forty percent (40%) glass surfaces. All first floor glass shall be
nonreflective. Display windows that are three-dimensional and are at least two
feet (2’) deep are permitted and may be counted toward the forty percent
(40%) glass requirement. Exceptions to this requirement may be authorized
through the design review process, subject to the requirements of Chapter
21A.59 of this title, and the review and approval of the planning commission.
The planning director may approve a modification to this requirement if the
planning director finds:
(A) The requirement would negatively impact the historic character of the
building, or
(B) The requirement would negatively impact the structural stability of the
building.
(C) The ground level of the building is occupied by residential uses, in which
case the forty percent (40%) glass requirement may be reduced to twenty
five percent (25%).
Appeal of administrative decision is to the planning commission.
(2) Facades: Provide at least one operable building entrance per elevation that
faces a public street. Buildings that face multiple streets are only required to
have one door on either street, if the facades for both streets meet the forty
percent (40%) glass requirement.
(3) Maximum Length: The maximum length of any blank wall uninterrupted by
windows, doors, art or architectural detailing at the first floor level shall be
fifteen feet (15’).
(4) Screening: All building equipment and service areas, including on-grade and
roof mechanical equipment and transformers that are readily visible from the
public right-of-way, shall be screened from public view. These elements shall
be sited to minimize their visibility and impact, or enclosed as to appear to be
an integral part of the architectural design of the building.
4. Building Lines and Front Area Requirements:
a. A continuity of building frontage adjacent and parallel to the street encourages a
more active involvement between building uses and pedestrians. Leftover or
ambiguous open space that has no apparent use or sense of place will not
contribute positively to an active street life. Therefore, all buildings in the
Gateway district are subject to the following standard:
36
(1) The majority of the ground level facade of a building shall be placed parallel,
and not at an angle, to the street.
5. Public Amenities and Public Art:
a. Amenities and works of art enhance quality of life as well as visual interest.
Public amenities and public art encourage pedestrian activity and contribute to the
pedestrian experience. A cohesive, unified lighting and amenity policy will help
give the Gateway district its own distinctive identity. Therefore, public amenities
and public art are subject to the following standards:
(1) Sidewalks and street lamps installed in the public right-of-way shall be of the
type specified in the sidewalk/street lighting policy document.
(2) Public art (which may include artists’ work integrated into the design of the
building and landscaping, sculpture, painting, murals, glass, mixed media or
work by artisans), that is accessible or directly viewable to the general public
shall be included in all projects requiring design review approval for a site or
design standard. The plan to incorporate public art shall be reviewed by the
Salt Lake Art Design Board.
6. Design Review Approval: A modification to the urban design provisions of this
section may be granted through the design review process, subject to conformance
with the standards and procedures of Chapter 21A.59 of this title.
P. Definitions: For the purposes of this section, the following terms shall have the following
meanings:
AFFORDABLE HOUSING: Housing which persons of income below the County area
median are able to afford. See definitions of moderate income, low income and very low
income.
BLOCK FACE: Structures that appear on one of four (4) sides of a block, the structures
along a street that are between two (2) other streets.
CONTIGUOUS: Next in sequence, touching or connected throughout an unbroken
sequence.
FACADE: The front of a building, or any other “face” of a building on a street or
courtyard given special architectural treatment.
FENESTRATION: The arrangement, proportioning and design of windows and doors in
a building, an opening in a surface.
LOW INCOME: Between fifty percent (50%) and eighty percent (80%) of the County
area median income.
37
MASSING: The principal part or main body of matter, bulk.
MODERATE INCOME: Between eighty percent (80%) and one hundred twenty percent
(120%) of the County area median income.
PROPORTION: The relation of one part to another or to the whole with respect to
magnitude, quantity or degree.
PROPORTIONAL: Corresponding in size, degree or intensity, having the same or a
constant ratio.
REMODEL: To alter the structure of, remake.
SCALE: A proportion between two (2) sets of dimensions.
STREETSCAPE: A general description of all structures along a street frontage that may
include: multiple buildings, benches, works of art, and landscaping.
VERY LOW INCOME: At or below fifty percent (50%) of the County area median
income.
SECTION 15. Amending the text of Salt Lake City Code Section 21A.31.020. That
Section 21A.31.020 of the Salt Lake City Code (Zoning: Gateway Districts: G-MU Gateway-
Mixed Use District) shall be, and hereby is amended to read as follows:
21A.31.020: G-MU GATEWAY-MIXED USE DISTRICT:
A. Purpose Statement: The G-MU Gateway-Mixed Use District is intended to implement the
objectives of the adopted gateway development master plan and encourage the mixture of
residential, commercial and assembly uses within an urban neighborhood atmosphere.
The 200 South corridor is intended to encourage commercial development on an urban
scale and the 500 West corridor is intended to be a primary residential corridor from
North Temple to 400 South. Development in this district is intended to create an urban
neighborhood that provides employment and economic development opportunities that
are oriented toward the pedestrian with a strong emphasis on a safe and attractive
streetscape. The standards are intended to achieve established objectives for urban and
historic design, pedestrian amenities and land use regulation.
B. Uses: Uses in the G-MU Gateway-Mixed Use District as specified in
Section 21A.33.060, “Table of Permitted and Conditional Uses in the Gateway District”,
of this title are permitted subject to the general provisions set forth in
Section 21A.31.010 of this chapter and this section.
38
C. Planned Development Review: All new construction of principal buildings, uses, or
additions that increase the floor area and/or parking requirement by twenty five percent
(25%) in the G-MU Gateway-Mixed Use District may be approved only as a planned
development in conformance with the provisions of Chapter 21A.55 of this title.
D. Special Provisions:
1. Commercial Uses, 200 South: All buildings fronting 200 South shall have
commercial uses that may include retail goods/service establishments, offices,
restaurants, art galleries, motion picture theaters or performing arts facilities shall be
provided on the first floor adjacent to the front or corner side lot line. The facades of
such first floor shall be compatible and consistent with the associated retail or office
portion of the building and other retail uses in the area.
2. Residential Units, 500 West: Buildings fronting on 500 West shall be required to have
residential units occupying a minimum of fifty percent (50%) of the structure’s gross
square footage.
3. Mid Block Street Development: Developments constructing mid block streets, either
privately owned with a public easement or publicly dedicated, that are desired by an
applicable master plan:
a. May use a portion or all of the overhead and underground right-of-way of the new
mid block street as part of their developable area irrespective of lot lines, subject
to design evaluation and approval of the planning commission.
b. May increase the height of the building on the remaining abutting parcel, subject
to conformance with the standards and procedures of Chapter 21A.59, “Design
Review”, of this title.
4. Design Reviews: A modification to the special provisions of this section may be
granted through the design review process, subject to conformance with the standards
and procedures of Chapter 21A.59 of this title.
E. Building Height: The minimum building height shall be forty five feet (45’) and the 200
South Street corridor shall have a minimum height of twenty five feet (25’). The
maximum building height shall not exceed seventy five feet (75’) except buildings with
nonflat roofs (e.g., pitched, shed, mansard, gabled or hipped roofs) may be allowed, up to
a maximum of ninety feet (90’) (subject to subsection I of this section). The additional
building height may incorporate habitable space, but not for parking structures.
1. Design Review: A modification to the minimum building height or to the maximum
building height (up to 120 feet) provisions of this section may be granted through the
design review process, subject to conformance with the standards and procedures of
Chapter 21A.59 of this title, and subject to compliance to the applicable master plan.
39
2. Height Exceptions: Spires, tower, or decorative noninhabitable elements shall have a
maximum height of ninety feet (90’) and with design review approval may exceed the
maximum height, subject to conformance with the standards and procedures of
Chapter 21A.59 of this title.
F. Minimum Lot Area and Lot Width: None required.
G. Minimum Yard Requirements: No minimum setback requirements. There is not a
maximum front yard or corner side yard setback except that a minimum of twenty five
percent (25%) of the length of the facade of a principal building shall be set back no
farther than five feet (5’) from the street right-of-way line.
H. Signs: Signs shall be allowed in the Gateway district in accordance with provisions
of Chapter 21A.46 of this title.
I. Affordable Housing: Notwithstanding the maximum height requirements identified
above, any buildings that have at least ten (10) or more residential units with at least
twenty percent (20%) of the units as affordable shall be allowed a maximum building
height of ninety feet (90’). The affordable units shall be integrated throughout the project
in an architectural manner.
SECTION 16. Amending the text of Salt Lake City Code Subsection 21A.32.130.E. That
Subsection 21A.32.130.E of the Salt Lake City Code (Zoning: Special Purpose Districts: MU
Mixed Use District: Minimum Yard Area Requirements) shall be, and hereby is amended to read
as follows:
E. Minimum Yard Area Requirements:
1. Single-Family Detached, Single-Family Attached, Two-Family, and Twin Home
Dwellings:
a. Front Yard: Ten feet (10’).
b. Corner Side Yard: Ten feet (10’).
c. Interior Side Yard:
(1) Corner lots: Four feet (4’).
(2) Interior lots:
(A) Single-family attached: No yard is required, however if one is provided it
40
shall not be less than four feet (4’).
(B) Single-family detached, two-family and twin home dwellings: Four feet
(4’) on one side and ten (10) on the other.
d. Rear Yard: Twenty five percent (25%) of the lot depth, but need not be more than
twenty feet (20’).
2. Multi-Family Dwellings, Including Mixed Use Buildings With Less Than Twenty
Five Percent Nonresidential Uses:
a. Front Yard: Ten feet (10’) minimum.
b. Corner Side Yard: Ten feet (10’).
c. Interior Side Yard: Ten feet (10’).
d. Rear Yard: Twenty five percent (25%) of the lot depth, but need not exceed thirty
feet (30’), however, if one hundred percent (100%) of the off street parking is
provided within the principal building and/or underground, the minimum required
rear yard shall be fifteen feet (15’).
3. Nonresidential Development, Including Mixed Uses With Greater Than Twenty Five
Percent Nonresidential Uses:
a. Front Yard: Ten feet (10’) minimum.
b. Corner Side Yard: Ten feet (10’).
c. Interior Side Yard: No setback is required.
d. Rear Yard: Twenty five percent (25%) of lot depth, but need not exceed thirty feet
(30’).
4. Legally Existing Lots: Lots legally existing on the effective date hereof, April 7,
1998, shall be considered legal conforming lots.
5. Additions: For additions to buildings legally existing on the effective date hereof,
required yards shall be no greater than the established setback line.
6. Maximum Setback: A maximum setback is required for at least seventy five percent
(75%) of the building facade. The maximum setback is twenty feet (20’). Exceptions
to this requirement may be authorized through the design review process, subject to
the requirements of Chapter 21A.59 of this title, and the review and approval of the
planning commission. The planning director, in consultation with the transportation
director, may modify this requirement if the adjacent public sidewalk is substandard
41
and the resulting modification to the setback results in a more efficient public
sidewalk. The planning director may waive this requirement for any addition,
expansion, or intensification, which increases the floor area or parking requirement
by less than fifty percent (50%) if the planning director finds the following:
a. The architecture of the addition is compatible with the architecture of the original
structure or the surrounding architecture.
b. The addition is not part of a series of incremental additions intended to subvert the
intent of the ordinance.
Appeal of administrative decision is to the planning commission.
SECTION 17. Amending the text of Salt Lake City Code Subsection 21A.36.161.B.13.
That Subsection 21A.36.161.B.13 of the Salt Lake City Code (Zoning: General Provisions:
Mobile Food Courts: Qualifying Provisions) shall be, and hereby is amended to read as follows:
13. Hard surface paving at the vehicular entrance to the mobile food court, and for each
individual mobile food business is required. Alternatives to asphalt and cement may
be approved as part of the conditional use process if the applicant is able to
demonstrate that the alternative will not result in the accumulation of mud or debris
on the city right-of-way.
SECTION 18. Amending the text of Salt Lake City Code Subsection 21A.36.200.I. That
Subsection 21A.36.200.I of the Salt Lake City Code (Zoning: General Provisions: Qualifying
Provisions for an Urban Farm: Parking) shall be, and hereby is amended to read as follows:
I. Parking: Parking for an urban farm shall comply with the provisions governing off
street parking and loading in Chapter 21A.44 of this title. All vehicular circulation,
staging, and parking shall be on a hard surface.
SECTION 19. Amending the text of Salt Lake City Code Section 21A.37.050. That
Section 21A.37.050 of the Salt Lake City Code (Zoning: Design Standards: Design Standards
Defined) shall be, and hereby is amended to read as follows:
21A.37.050: DESIGN STANDARDS DEFINED:
42
The design standards in this chapter are defined as follows. Each design standard includes a
specific definition of the standard and may include a graphic that is intended to help further
explain the standard, however the definition supersedes any conflict between it and a graphic.
A. Ground Floor Use and Visual Interest: This standard’s purpose is to increase the amount
of active uses and/or visual interest on the ground floor of a building. There are two (2)
options for achieving this, one dealing solely with the amount of ground floor use, and
the other combining a lesser amount of ground floor use with increased visual interest in
the building facade’s design.
1. Ground Floor Use Only: This option requires that on the ground floor of a new
principal building, a permitted or conditional use other than parking shall occupy a
minimum portion of the length of any street facing building facade according to
Section 21A.37.060, Table 21A.37.060 of this chapter. All portions of such ground
floor spaces shall extend a minimum of twenty five feet (25’) into the building.
Parking may be located behind these spaces.
a. For single-family attached uses, the required use depth may be reduced to ten feet
(10’).
b. For single-family or two-family uses, garages occupying up to fifty percent (50%)
of the width of the ground floor building facade are exempt from this requirement.
c. For all other uses, vehicle entry and exit ways necessary for access to parking are
exempt from this requirement. Such accessways shall not exceed thirty feet (30’)
in width. Individual dwelling unit garages do not qualify for this exemption.
2. Ground Floor Use and Visual Interest: This option allows for some flexibility in the
amount of required ground floor use, but in return requires additional design
requirements for the purpose of creating increased visual interest and pedestrian
activity where the lower levels of buildings face streets or sidewalks. An applicant
utilizing this option must proceed through the design review process for review of the
project for determination of the project’s compliance with those standards, and in
addition, whether it contributes to increased visual interest through a combination of
increased building material variety, architectural features, facade changes, art, and
colors; and, increased pedestrian activity through permeability between the building
and the adjacent public realm using niches, bays, gateways, porches, colonnades,
stairs or other similar features to facilitate pedestrian interaction with the building.
B. Building Materials:
1. Ground Floor Building Materials: Other than windows and doors, a minimum amount
of the ground floor facade’s wall area of any street facing facade shall be clad in
durable materials according to Section 21A.37.060, Table 21A.37.060 of this chapter.
Durable materials include stone, brick, masonry, textured or patterned concrete, and
43
fiber cement board. Other materials may be used for the remainder of the ground
floor facade adjacent to a street. Other materials proposed to satisfy the durable
requirement may be approved at the discretion of the planning director if it is found
that the proposed material is durable and is appropriate for the ground floor of a
structure.
2. Upper Floor Building Materials: Floors above the ground floor level shall include
durable materials on a minimum amount of any street facing building facade of those
additional floors according to Section 21A.37.060, Table 21A.37.060 of this chapter.
Windows and doors are not included in that minimum amount. Durable materials
include stone, brick, masonry, textured or patterned concrete, and fiber cement board.
Other materials may be approved at the discretion of the planning director if it is
found that the proposed material is durable and is appropriate for the upper floor of a
structure.
C. Glass:
1. Ground Floor Glass: The ground floor building elevation of all new buildings facing a
street, and all new ground floor additions facing a street, shall have a minimum
amount of glass, or within a specified percentage range, between three feet (3’) and
eight feet (8’) above grade according to Section 21A.37.060, Table 21A.37.060 of
this chapter. All ground floor glass shall allow unhampered and unobstructed
visibility into the building for a depth of at least five feet (5’), excluding any glass
etching and window signs when installed and permitted in accordance with Chapter
21A.46, “Signs”, of this title. The planning director may approve a modification to
ground floor glass requirements if the planning director finds:
a. The requirement would negatively affect the historic character of an existing
building;
b. The requirement would negatively affect the structural stability of an existing
building; or
c. The ground level of the building is occupied by residential uses that face the
street, in which case the specified minimum glass requirement may be reduced by
fifteen percent (15%).
2. Upper Floor Glass: Above the first floor of any multi-story building, the surface area
of the facade of each floor facing a street must contain a minimum amount of glass
according to Section 21A.37.060, Table 21A.37.060 of this chapter.
D. Building Entrances: At least one operable building entrance on the ground floor is
required for every street facing facade. Additional operable building entrances shall be
required, at a minimum, at each specified length of street facing building facade
according to Section 21A.37.060, Table 21A.37.060 of this chapter. The center of each
additional entrance shall be located within six feet (6’) either direction of the specified
44
location. Each ground floor nonresidential leasable space facing a street shall have an
operable entrance facing that street and a walkway to the nearest sidewalk. Corner
entrances, when facing a street and located at approximately a forty five degree (45°)
angle to the two (2) adjacent building facades (chamfered corner), may count as an
entrance for both of the adjacent facades.
E. Maximum Length of Blank Wall: The maximum length of any blank wall uninterrupted
by windows, doors, art or architectural detailing at the ground floor level along any street
facing facade shall be as specified according to Section 21A.37.060, Table 21A.37.060 of
this chapter. Changes in plane, texture, materials, scale of materials, patterns, art, or other
architectural detailing are acceptable methods to create variety and scale. This shall
include architectural features such as bay windows, recessed or projected entrances or
windows, balconies, cornices, columns, or other similar architectural features. The
architectural feature shall be either recessed a minimum of twelve inches (12”) or
projected a minimum of twelve inches (12”).
F. Maximum Length of Street Facing Facades: No street facing building wall may be longer
than specified along a street line according to Section 21A.37.060, Table 21A.37.060 of
this chapter. A minimum of twenty feet (20’) is required between separate buildings
when multiple buildings are placed on a single parcel according to
Subsection 21A.36.010.B, “One Principal Building Per Lot”, of this title. The space
between buildings shall include a pedestrian walkway at least five feet (5’) wide.
G. Upper Floor Step Back:
1. For street facing facades the first full floor, and all additional floors, above thirty feet
(30’) in height from average finished grade shall be stepped back a minimum
horizontal distance from the front line of building, according to Section 21A.37.060,
Table 21A.37.060 of this chapter. An alternative to this street facing facade step back
requirement may be utilized for buildings limited to forty five feet (45’) or less in
height by the zoning ordinance: those buildings may provide a four foot (4’)
minimum depth canopy, roof structure, or balcony that extends from the face of the
building toward the street at a height of between twelve feet (12’) and fifteen feet
(15’) above the adjacent sidewalk. Such extension(s) shall extend horizontally
parallel to the street for a minimum of fifty percent (50%) of the face of the building
and may encroach into a setback as permitted per Section 21A.36.020, Table
21A.36.020.B, “Obstructions in Required Yards”, of this title.
2. For facades facing single- or two-family residential districts, a public trail or public
open space the first full floor, and all additional floors, above thirty feet (30’) in
height from average finished grade shall be stepped back a minimum horizontal
distance from the corresponding required yard setback (building line) according to
Section 21A.37.060, Table 21A.37.060 of this chapter.
H. Exterior Lighting: All exterior lighting shall be shielded and directed down to prevent
light trespass onto adjacent properties. Exterior lighting shall not strobe, flash or flicker.
45
I. Parking Lot Lighting: If a parking lot/structure is adjacent to a residential zoning district
or land use, any poles for the parking lot/structure security lighting are limited to sixteen
feet (16’) in height and the globe must be shielded and the lighting directed down to
minimize light encroachment onto adjacent residential properties or into upper level
residential units in multi-story buildings. Lightproof fencing is required adjacent to
residential properties.
J. Screening of Mechanical Equipment: All mechanical equipment for a building shall be
screened from public view and sited to minimize their visibility and impact. Examples of
siting include on the roof, enclosed or otherwise integrated into the architectural design of
the building, or in a rear or side yard area subject to yard location restrictions found in
Section 21A.36.020, Table 21A.36.020.B, “Obstructions in Required Yards”, of this title.
K. Screening of Service Areas: Service areas, loading docks, refuse containers and similar
areas shall be fully screened from public view. All screening enclosures viewable from
the street shall be either incorporated into the building architecture or shall incorporate
building materials and detailing compatible with the building being served. All screening
devices shall be a minimum of one foot (1’) higher than the object being screened, and in
the case of fences and/or masonry walls the height shall not exceed eight feet (8’).
Dumpsters must be located a minimum of twenty five feet (25’) from any building on an
adjacent lot that contains a residential dwelling or be located inside of an enclosed
building or structure.
L. Ground Floor Residential Entrances for Single-Family Dwellings: For the zoning districts
listed in Section 21A.37.060, Table 21A.37.060 of this chapter all attached single-family
dwellings, townhomes, row houses, and other similar single-family housing types located
on the ground floor shall have a primary entrance facing the street for each unit adjacent
to a street. Units may have a primary entrance located on a courtyard, mid block
walkway, or other similar area if the street facing facades also have a primary entrance.
M. Residential Character in RB District:
1. All roofs shall be pitched and of a hip or gable design except additions or expansions
to existing buildings may be of the same roof design as the original building;
2. The remodeling of residential buildings for retail or office use shall be allowed only if
the residential character of the exterior is maintained;
3. The front building elevation shall contain not more than fifty percent (50%) glass;
4. Signs shall conform with special sign regulations of Chapter 21A.46, “Signs”, of this
title;
5. Building orientation shall be to the front or corner side yard; and
46
6. Building additions shall consist of materials, color and exterior building design
consistent with the existing structure, unless the entire structure is resurfaced.
N. Primary Entrance Design in SNB District: Primary entrance design shall consist of at
least two (2) of the following design elements at the primary entrance, so that the primary
entrance is architecturally prominent and clearly visible from the abutting street.
1. Architectural details such as arches, friezes, tile work, canopies, or awnings.
2. Integral planters or wing walls that incorporate landscape or seating.
3. Enhanced exterior light fixtures such as wall sconces, light coves with concealed light
sources, or decorative pedestal lights.
4. A repeating pattern of pilasters projecting from the facade wall by a minimum of
eight inches (8”) or architectural or decorative columns.
5. Recessed entrances that include a minimum step back of two feet (2’) from the
primary facade and that include glass on the sidewalls.
SECTION 20. Amending the text of Salt Lake City Code Section 21A.37.060. That
Section 21A.37.060 of the Salt Lake City Code (Zoning: Design Standards: Design Standards
Required in Each Zoning District) shall be, and hereby is amended to read as follows:
21A.37.060: DESIGN STANDARDS REQUIRED IN EACH ZONING DISTRICT:
This section identifies each design standard and to which zoning districts the standard
applies. If a box is checked, that standard is required. If a box is not checked, it is not
required. If a specific dimension or detail of a design standard differs among zoning districts
or differs from the definition, it will be indicated within the box. In cases when a dimension
in this table conflicts with a dimension in the definition, the dimensions listed in the table
supersede those in the definition.
TABLE 21A.37.060
A. Residential Districts:
Standard
(Code Section)
District
RMF-
30
RMF-
35
RMF-
45
RMF-
75 RB
R-
MU-
35
R-
MU-
45
R-
MU RO
Ground floor use (%)
(21A.37.050.A.1)
75 75
47
Standard
(Code Section)
District
RMF-
30
RMF-
35
RMF-
45
RMF-
75 RB
R-
MU-
35
R-
MU-
45
R-
MU RO
Ground floor use + visual
interest (%) (21A.37.050.A.2)
Building materials: ground floor
(%) (21A.37.050.B.1)
80 80
Building materials: upper floors
(%) (21A.37.050.B.2)
Glass: ground floor (%)
(21A.37.050.C.1)
60 60 40
Glass: upper floors (%)
(21A.37.050.C.2)
Building entrances (feet)
(21A.37.050.D)
75 75 X
Blank wall: maximum length
(feet) (21A.37.050.E)
15 15 15
Street facing facade: maximum
length (feet) (21A.37.050.F)
Upper floor step back (feet)
(21A.37.050.G)
10
Lighting: exterior
(21A.37.050.H)
Lighting: parking lot
(21A.37.050.I)
X X
Screening of mechanical
equipment (21A.37.050.J)
X X X
Screening of service areas
(21A.37.050.K)
X X X
Ground floor residential
entrances (21A.37.050.L)
Parking garages or structures
(21A.44.060.A.15.)
48
Standard
(Code Section)
District
RMF-
30
RMF-
35
RMF-
45
RMF-
75 RB
R-
MU-
35
R-
MU-
45
R-
MU RO
Residential character in RB
Residential/Business District
(21A.37.050.N)
X
B. Commercial Districts:
Standard
(Code Section)
District
SNB CN CB CS CC CSHBD CG
TSA
Ground floor use (%)
(21A.37.050A.1)
80
Ground floor use + visual
interest (%)
(21A.37.050.A.2)
60/25
Building materials: ground
floor (%)
(21A.37.050.B.1)
90
Building materials: upper
floors (%)
(21A.37.050.B.2)
60
Glass: ground floor (%)
(21A.37.050.C.1)
40 40 40 40 60
Glass: upper floors (%)
(21A.37.050.C.2)
Building entrances (feet)
(21A.37.050.D)
X X X X X X X 40
Blank wall: maximum
length (feet)
(21A.37.050.E)
15 15 15 15 15
Street facing facade:
maximum length (feet)
(21A.37.050.F)
200
49
Standard
(Code Section)
District
SNB CN CB CS CC CSHBD CG
TSA
Upper floor step back (feet)
(21A.37.050.G)
15
Lighting: exterior
(21A.37.050.H)
X X X
Lighting: parking lot
(21A.37.050.I)
X X X X X X X X
Screening of mechanical
equipment (21A.37.050.J)
X X X X X
Screening of service areas
(21A.37.050.K)
X X X X
Ground floor residential
entrances (21A.37.050.L)
X
Parking garages or
structures
(21A.44.060.A.15)
Primary entrance design
SNB Small Neighborhood
Business District
(21A.37.050.O)
X
C. Manufacturing Districts:
Standard
(Code Section)
District
M-1 M-2
Ground floor use (%) (21A.37.050.A.1)
Ground floor use + visual interest (%) (21A.37.050.A.2)
Building materials: ground floor (%) (21A.37.050.B.1)
Building materials: upper floors (%) (21A.37.050.B.2)
Glass: ground floor (%) (21A.37.050.C.1)
Glass: upper floors (%) (21A.37.050.C.2)
50
Standard
(Code Section)
District
M-1 M-2
Building entrances (feet) (21A.37.050.D)
Blank wall: maximum length (feet) (21A.37.050.E)
Street facing facade: maximum length (feet) (21A.37.050.F)
Upper floor step back (feet) (21A.37.050.G)
Lighting: exterior (21A.37.050.H) X X
Lighting: parking lot (21A.37.050.I) X X
Screening of mechanical equipment (21A.37.050.J)
Screening of service areas (21A.37.050.K)
Ground floor residential entrances (21A.37.050.L)
Parking garages or structures (21A.44.060.A.15)
D. Downtown Districts:
Standard
(Code Section)
District
D-1 D-2 D-
3
D-
4
Ground floor use (%) (21A.37.050.A.1) 75 753
Ground floor use + visual interest (%) (21A.37.050.A.2) 60/25
Building materials: ground floor (%) (21A.37.050.B.1) 80 702
Building materials: upper floors (%) (21A.37.050.B.2) 50 702
Glass: ground floor (%) (21A.37.050.C.1) 40/601 40 40 40
Glass: upper floors (%) (21A.37.050.C.2) 25
Building entrances (feet) (21A.37.050.D) 50
Blank wall: maximum length (feet) (21A.37.050.E) 15
Street facing facade: maximum length (feet)
(21A.37.050.F)
200
Upper floor step back (feet) (21A.37.050.G)
51
Standard
(Code Section)
District
D-1 D-2 D-
3
D-
4
Lighting: exterior (21A.37.050.H) X
Lighting: parking lot (21A.37.050.I) X
Screening of mechanical equipment (21A.37.050.J) X
Screening of service areas (21A.37.050K) X
Ground floor residential entrances (21A.37.050.L)
Parking garages or structures (21A.44.060.A.15) X
Notes:
1. Minimum requirement is 60 percent when project is within the Main Street retail core.
2. In the D-3 Downtown Warehouse/Residential District this percentage applies to all sides
of the building, not just the front or street facing facade.
3. This percentage applies only as a requirement as noted in Subsection 21A.30.045.C.7.b
of this title for projects that are seeking conditional height.
E. Special Purpose Districts:
Standard
(Code Section)
District
RP BP FP AG
AG
-2
AG
-5
AG
-20 PL
PL-
2 I UI OS NOS MH EI MU
Ground floor use (%)
(21A.37.050.A.1)
Ground floor use +
visual interest (%)
(21A.37.050.A.2)
Building materials:
ground floor (%)
(21A.37.050.B.1)
Building materials:
upper floors (%)
(21A.37.050.B.2)
52
Standard
(Code Section)
District
RP BP FP AG
AG
-2
AG
-5
AG
-20 PL
PL-
2 I UI OS NOS MH EI MU
Glass: ground floor (%)
(21A.37.050.C.1)
40-
70
Glass: upper floors (%)
(21A.37.050.C.2)
Building entrances
(feet) (21A.37.050.D)
X
Blank wall: maximum
length (feet)
(21A.37.050.E)
15
Street facing facade:
maximum length (feet)
(21A.37.050.F)
Upper floor step back
(feet) (21A.37.050.G)
Lighting: exterior
(21A.37.050.H)
X
X
X
Lighting: parking lot
(21A.37.050.I)
X
X
Screening of
mechanical equipment
(21A.37.050.J)
X
Screening of service
areas (21A.37.050.K)
X
Ground floor
residential entrances
(21A.37.050.L)
Parking garages or
structures
(21A.44.060.A.15)
53
SECTION 21. Amending the text of Salt Lake City Code Section 21A.38.070. That
Section 21A.38.070 of the Salt Lake City Code (Zoning: Nonconforming Uses and
Noncomplying Structures: Legal Conforming Single-Family Detached Dwellings, Two-Family
Dwellings, and Twin Homes) shall be, and hereby is amended to read as follows:
21A.38.070: LEGAL CONFORMING SINGLE-FAMILY DETACHED DWELLINGS,
TWO-FAMILY DWELLINGS, AND TWIN HOMES:
Any legally existing single-family detached dwelling, two-family dwelling, or twin home
located in a zoning district that does not allow these uses shall be considered legal
conforming. Legal conforming status shall authorize replacement of the single-family
detached dwelling, two-family dwelling, or twin home structure to the extent of the original
footprint.
A. Alterations, Additions or Extensions or Replacement Structures Greater Than the
Original Footprint: In zoning districts other than M-1 and M-2, which do not allow
detached single-family dwelling units, two-family dwelling units or twin homes, any
alterations, extensions/additions or the replacement of the structure may exceed the
original footprint by twenty five percent (25%) of the existing structure subject to the
following standards:
1. Any alterations, extensions/additions or the replacement structure shall not project
into a required yard beyond any encroachment established by the structure being
replaced.
2. Any alterations, additions or extensions beyond the original footprint which are
noncomplying are subject to special exception standards of
Subsection 21A.52.030.A.15 of this title.
3. All replacement structures in nonresidential zones are subject to the provisions of
Section 21A.36.190, “Residential Building Standards for Legal Conforming Single-
Family Detached Dwellings, Two-Family Dwellings and Twin Homes in
Nonresidential Zoning Districts”, of this title.
Any alterations, additions or extensions or replacement structures which exceed
twenty five percent (25%) of the original footprint, or alterations, additions or
extensions or replacement of a single-family detached dwelling, two-family dwelling
or twin home in an M-1 or M-2 zoning district may be allowed as a conditional use
subject to the provisions of Chapter 21A.54 of this title.
B. Off Street Parking: When replacing a legal conforming single-family detached
dwelling, two-family dwelling or twin home, the number of new parking stalls
54
provided shall be in accordance with the parking spaces required by Section
21A.44.040.
SECTION 22. Amending the text of Salt Lake City Code Section 21A.40.065. That
Section 21A.40.065 of the Salt Lake City Code (Zoning: Accessory Uses, Buildings and
Structures: Outdoor Dining) shall be, and hereby is amended to read as follows:
21A.40.065: OUTDOOR DINING:
“Outdoor dining”, as defined in Chapter 21A.62 of this title, shall be allowed within the
buildable lot area, in all zoning districts where such uses are allowed, as either a permitted or
conditional use. Outdoor dining in the public way shall be permitted subject to all city
requirements.
Outdoor dining is allowed within the required landscaped yard or buffer area, in commercial
and manufacturing zoning districts where such uses are allowed. Outdoor dining is allowed
in the RB, CN, MU, R-MU, RMU-35 and the RMU-45 zones and for nonconforming
restaurants and similar uses that serve food or drinks through the provisions of the special
exception process (see Chapter 21A.52 of this title). All outdoor dining shall be subject to the
following conditions:
A. All requirements of Chapter 21A.48 and Section 21A.36.020 of this title are met.
B. All required business, health and other regulatory licenses for the outdoor dining have
been secured.
C. A detailed site plan demonstrating the following:
1. All the proposed outdoor dining activities will be conducted on private property
owned or otherwise controlled by the applicant and that none of the activities will
occur on any publicly owned rights-of-way unless separate approval for the use of
any such public rights-of-way has been obtained from the city;
2. The location of any paving, landscaping, planters, fencing, canopies, umbrellas or
other table covers or barriers surrounding the area;
3. The proposed outdoor dining will not impede pedestrian or vehicular traffic; and
4. The main entry has a control point as required by state liquor laws.
D. The proposed outdoor dining complies with all conditions pertaining to any existing
variances, conditional uses or other approvals granted for property.
55
E. Live music will not be performed nor loudspeakers played in the outdoor dining area
unless the decibel level is within conformance with the Salt Lake City noise control
ordinance, Title 9, Chapter 9.28 of this Code.
F. Smoking shall be prohibited within the outdoor dining area and within twenty five feet
(25’) of the outdoor dining area.
G. The proposed outdoor dining complies with the environmental performance standards as
stated in Section 21A.36.180 of this title.
H. Outdoor dining shall be located in areas where such use is likely to have the least adverse
impacts on adjacent properties.
SECTION 23. Amending the text of Salt Lake City Code Chapter 21A.44. That Chapter
21A.44 of the Salt Lake City Code (Zoning: Off Street Parking, Mobility and Loading) shall be,
and hereby is amended to read as follows:
21A.44.010: Purpose
21A.44.020: Applicability
21A.44.030: Calculation of Parking
21A.44.040: Required Off Street Parking
21A.44.050: Alternatives to Minimum and Maximum Parking Calculations
21A.44.060: Parking Location and Design
21A.44.070: Off Street Loading Areas
21A.44.080: Drive-Through Facilities and Vehicle Stacking Areas
21A.44.090: Modifications to Parking Areas
21A.44.100: Use and Maintenance
21A.44.110: Nonconforming Parking and Loading Facilities
21A.44.010: PURPOSE:
This chapter is intended to require that new development and redevelopment projects
provide off street parking and loading facilities in proportion to the parking, loading,
and transportation demands of the buildings and land uses included in those projects.
This chapter is also intended to help protect the public health, safety, and general
welfare by:
A. Avoiding and mitigating traffic congestion and reducing the financial burden on
taxpayer funded roadways;
B. Providing necessary access for service and emergency vehicles;
56
C. Providing for safe and convenient interaction between vehicles, bicycles, and pedestrians;
D. Providing flexible methods of responding to the transportation and access
demands of various land uses in different areas of the city;
E. Reducing storm water runoff, reducing heat island effect from large expanses of
pavement, improving water quality, and minimizing dust pollution;
F. Establishing context-sensitive parking standards to reflect the current and
future built environment of neighborhoods; and
G. Avoiding and mitigating the adverse visual and environmental
impacts oflarge concentrations of exposed parking.
21A.44.020: APPLICABILITY:
A. Amounts of Parking, Loading, and Drive-Through Facilities Required: The
standards of this chapter are intended to establish: minimum and maximum
amounts of vehicle parking; minimum required bicycle parking, minimum required
loading facilities, and minimum capacity of drive-through facilities and shall apply
to projects involving the activities listed below. In some instances, other standards
of this chapter providealternatives for required compliance. Certain exemptions are
intended to encourage utilization of existing structures and preserve desirable
characteristics of locations built prior to parking requirements.
1. New Development: Unless otherwise exempted by Section 21A.44.020.A.4,
the standards in this chapter shall apply to all development and land uses upon
adoption of this ordinance.
2. Expansion of Use or Structure: The number of off street parking and loading spaces
for the expansion of a use or structure shall comply with the requirements of Table
21A.44.040-A, “Minimum and Maximum Off Street Parking“ and the standards of
this chapter when:
a. One or more additional dwelling units is created; or
b. The addition to or expansion of one or more structures or uses that,
when considered together with any other expansions during the
previous two-year period, would increase the total usable floor area of
the structure(s) by more than twenty- five percent (25%); or
c. The addition to or expansion of one (1) or more structures or uses that
requires conditional use permit approval.
3. Change of Use:
57
a. Except when located within an Urban Center or Transit Context, or as
stated in Subsection b below, off street parking shall be provided
pursuant to this chapterfor any change of use that increases the
minimum number of required vehicle parking spaces by:
(1) More than ten (10) parking spaces; or
(2) More than twenty-five percent (25%) of the parking spaces that
currently exist on-site or on permitted off-site locations.
b. For changes in use in buildings built prior to 1944, no additional
parking shall be required beyond what is existing.
4. Exemptions from Parking Requirements: The following shall be exempt
from providing the minimum parking required by Table 21A.44.040-A,
“Minimum and Maximum Off Street Parking“, but shall comply with
maximum parking allowed and location and design standards in Section
21A.44.060 if parking is provided:
a. Lots created prior to April 12,1995 that are less than five thousand
(5,000) square feet in lot area, except those being used for single-
family, two-family, and twin home dwelling uses;
b. Expansions or enlargements that increase the square footage of usable
floor area of an existing structure or parking requirements for the use by
twenty-five percent (25%) or less, provided that existing off street
parking and loading areas are not removed.
B. Location and Design: Section 21A.44.060, “Parking Location and Design“, shall
apply to all vehicle parking, bicycle parking, loading, and drive-through facilities,
regardless of whether the project is subject to the requirements for additional
parking spaces or other facilities pursuant to Subsection 21A.44.020.A above.
Parking garages are subject to design standards found in Subsection
21A.44.060.A.16 and specific requirements of other zoning districts found in
Subsection 21A.44.060.B.
21A.44.030: CALCULATION OF PARKING:
A. Generally:
1. All parking and loading requirements that are based on square footage shall be
calculated on the basis of usable floor area of the subject use, unless otherwise
specified in Table 21A.44.040-A, “Minimum and Maximum Off Street
Parking“.
2. Parking spaces shall not be counted more than once for required off-site,
shared, and/or alternative parking plans, except where the development
58
complies with off-site, shared, and/or alternative parking standards.
3. Parking spaces designed or designated exclusively for motorcycles, scooters,
and other two wheeled vehicles shall not count toward the number of
minimum required or maximum allowed off street parking spaces.
4. Parking spaces intended for storage of business vehicles, such as fleet
vehicles, delivery vehicles, or vehicles on display associated with sales or
rental shall not count toward the number of minimum required or
maximum allowed off street parking spaces unless otherwise stated in
Table 21A.44.040-A, “Minimum and Maximum Off Street Parking“.
5. Parking spaces designed or designated exclusively for recreational vehicles
shall not count toward the number of minimum required or maximum
allowed off street parking spaces.
6. When calculations of the number of required off street parking spaces for
vehicles or bicycles result in a fractional number, any fraction of 0.5 or larger
shall be rounded up to the next higher whole number. Calculations for more
than one use in a project shall be calculated for each individual use and may be
rounded individually and added, or added then rounded as determined by the
applicant.
7. Lots containing more than one (1) use may provide parking and loading based
on the shared parking calculations in Subsection 21A.44.050.B, “Shared
Parking”.
B. Unlisted Uses: For uses not listed in Table 21A.44.040-A, “Minimum and
Maximum Off Street Parking” the planning director is authorized to do any of
the following:
1. Apply the minimum or maximum off street parking space requirement
specified in Table 21A.44.040-A, “Minimum and Maximum Off Street
Parking“, for the listed use that is deemed most similar to the proposed use as
determined by the planning director based on operating characteristics, the
most similar related occupancy classification, or other factors related to
potential parking demand determined by the director.
2. Apply a minimum parking requirement of three (3) spaces per one thousand
(1,000) square feet of usable floor area for the use and a maximum parking
allowance of five (5) spacesper one thousand (1,000) square feet of useable
floor area for the use.
3. Establish the minimum off street parking space and loading requirements based
on a parking study prepared by the applicant according to Subsection
21A.44.050.F.
59
21A.44.040: REQUIRED OFF STREET PARKING:
A. Minimum and Maximum Parking Spaces Required:
1. Unless otherwise provided in this code, each development or land use subject
to thischapter pursuant to Section 21A.44.020 shall provide at least the
minimum number, and shall not provide more than the maximum number, of
off street parking spaces required by Table 21A.44.040-A, “Minimum and
Maximum Off Street Parking“.
2. A parking standard shown in Table 21A.44.040-A, “Minimum and Maximum
Off Street Parking”, is not an indication of whether the use is allowed or
prohibited in the respective zoning district or context area. See Chapter
21A.33, “Land Use Tables” for allowed and prohibited uses.
3. The maximum parking limit does not apply to parking provided in parking
garages, stacked or racked parking structures, or to off-site parking that
complies with all other requirements of this title.
4. The maximum parking limit does not apply to properties in the M-1, M-2,
BP, or Airport zoning districts that are located west of the centerline of
Redwood Road.
5. If a conditional use is approved by the planning commission in accordance
with Chapter 21A.54, “Conditional Uses”, and the conditional use approval
states a different parking requirement than that required by this Chapter
21A.44, and is determined necessary to mitigate a detrimental impact, then
the parking requirement in the conditional use approval shall apply.
6. All uses with vehicle stacking and/or drive-through facilities shall comply
with Section 21A.44.080, “Drive-Through Facilities and Vehicle
Stacking Areas”, in addition to the requirements of Table 21A.44.040-A,
“Minimum and Maximum Off Street Parking“.
7. All uses with outdoor sales, display, leasing, and/or auction areas shall also
provide one-half (1/2) parking space and no more than two (2) parking spaces
per one thousand (1,000) sq. ft. of outdoor sales, display, leasing, and/or auction
area. This additional parking shall not count toward the maximum allowed per
Table 21A.44.040-A, “Minimum and Maximum Off Street Parking”, when a
maximum is specified.
Context Approach:
60
Salt Lake City has a wide variety of development contexts that make any single
approach to minimum and maximum parking requirements ineffective. The
parking demand for a downtown area served by transit will be much lower than a
downtown adjacent neighborhood or suburban shopping center. To ensure that
minimum and maximum parking requirements reflect the built context (and future
built context) of the area, we created four distinct “context areas”, and then tailored
minimum and maximum parking standards to each. The Minimum and Maximum
Off Street Parking Table below lists the specific zoning districts included in each
context area. The following is a brief narrative introducing each context area:
1. General Context: This category includes the city’s zoning districts that tend
to be more auto-dependent and/or suburban in scale and parking needs. This
context applies broadly to all of the zoning districts that are not specifically
listed in the other context areas.
2. Neighborhood Center: This category includes areas with small- or
moderate-scale shopping, gathering, or activity spaces, often within or
adjacent to General Context areas, but that are not necessarily well served by
transit. This category includes zoning districts with pedestrian-scale
development patterns, building forms, and amenities.
3. Urban Center: This category includes zoning districts with dense,
pedestrian-oriented development within more intensely developed urban
centers. The parking demand in this context is higher than in the
Neighborhood Center Context, but lower than areas with good transit service.
4. Transit Context: This category includes those zoning districts that
immediately surround mass-transit facilities and/or are in the downtown core.
These areas have the lowest parking demand and may be exempt from
minimum parking requirements or be required to provide minimal off street
parking.
61
TABLE 21A.44.040-A: MINIMUM AND MAXIMUM OFF STREET PARKING:
DU = dwelling unit sq. ft. = square feet
Land Use
Minimum Parking Requirement
Maximum
Parking
Allowed
General
Context
Neighborhood
Center Context
Urban
Center
Context
Transit
Context
All zoning
districts not
listed in
another
context area
RB, SNB, CB,
CN, R-MU-35,
R-MU-45, SR-3,
FB-UN1, FB-SE
D-2, MU,
TSA-T,
CSHBD1.
CSHBD2
D-1, D-3 D-4,
G-MU,
TSA-C, UI,
FB-UN2, FB-
UN3, FB-SC.
R-MU
Vehicle Stacking and Drive-Through Facilities: See Subsection 21A.44.040.A.6
Outdoor Sales/Display/Leasing/Auction Areas: See Subsection 21A.44.040.A.7
RESIDENTIAL USES
Household Living
Artists’ loft/studio
1.5 spaces
per DU
1 space
per DU
0.5 spaces
per DU
No Minimum No Maximum
Manufactured home
2 spaces per
DU
1 space per DU
No Minimum
All Contexts:
4 spaces, not
including
recreational
vehicle
parking spaces
Mobile home
Single-family
(attached)
Single-family
(detached)
Single-family cottage
development building
form
1 space per
DU
Twin home 2 spaces per
DU
Two-family
62
Multi-family
Studio and 1
bedrooms: 1
space per DU,
2+ bedrooms
1.25 space per
DU
Studio and 1+
bedrooms: 1
space per DU
Studio: No
Minimum 1
bedroom:
0.5 space
per DU
2+
bedrooms:
1 space per
DU
No Minimum
All Contexts:
Studio & 1
Bedroom: 2
spaces per DU
2+ bedrooms: 3
spaces per DU
Group Living
Assisted living facility
1 space for each 6 infirmary or
nursing home beds;
plus 1 space for each 4 rooming
units;
plus 1 space for each 3 DU
See Table Note A
1 space for
each 8
infirmary or
nursing
home beds;
plus 1 space
for each 6
rooming
units;
plus 1
space for
each 4 DU
See Table
Note A
No Minimum No Maximum
Nursing care facility
Eleemosynary facility 1 space per 4
persons
design
capacity; See
Table Note A
1 space per 6
persons design
capacity;
See Table Note
A
1 space
per 4
persons
design
capacity;
See Table
Note A
No Minimum
All Contexts:
1 space per 3
persons
design
capacity;
See Table
Note A
Group home
Residential support
Dormitory, fraternity,
sorority
1 space per 2
persons
design
capacity
1 space per 3
persons design
capacity
1 space
per 4
persons
design
capacity
No Minimum
All Contexts:
1 space per 1
persons
design
capacity
Rooming (boarding)
house
1 space per 2
guest rooms
1 space per 3
guest rooms
1 space
per 4
guest
No Minimum No Maximum
63
rooms
Shared housing 0.5 spaces per unit
0.25
spaces
per unit
No Minimum No Maximum
PUBLIC, INSTITUTIONAL, AND CIVIC USES
Community and Cultural Facilities
Art gallery
1 space per 1,000 sq. ft.
0.5
spaces
per 1,000
sq. ft.
No Minimum
All Contexts: 2
spaces per
1,000 sq. ft. Studio, Art
Exhibition hall
Museum
Crematorium
2 spaces per 1,000 sq. ft.
1 space
per 1,000
sq. ft.
No Minimum No Maximum
Daycare center, adult
Daycare center, child
Homeless resource
center
Library
Community
correctional facility, 3 spaces per
1,000 sq. ft.
2.5 spaces per
1,000 sq. ft. Community recreation
center
Jail
Government facility
3 spaces per 1,000 sq. ft. of
office area
1 space
per 1,000
sq. ft. of
office
area
No Minimum No Maximum
Social service mission
and charity dining hall
64
Municipal service use,
including city utility use
and police and fire
station
2 spaces per 1,000 sq. ft. of
office area, plus 1 space per
service vehicle
1 space
per 1,000
sq. ft. of
office
area, plus
1 space
per
service
vehicle
No Minimum No Maximum
Club/lodge
1 space per 6
seats in main
assembly area
1 space per 8
seats in main
assembly area
1 space
per 10
seats in
main
assembly
area
No Minimum
All Contexts: 1
space per 4
seats in main
assembly area Meeting hall of
membership
organization
Convent/monastery
1 space per 4
persons
design
capacity
1 space per 6
persons design
capacity
1 space
per 8
persons
design
capacity
No Minimum No Maximum
Funeral home
1 space per 4
seats in main
assembly area
1 space per 5
seats in main
assembly area
1 space
per 6
seats in
main
assembly
area
No Minimum
Urban Center
and Transit
Center
Context: 2
spaces per 4
seats in main
assembly
areas
Neighborhood
Center and
General
Context: No
maximum
Place of worship All Contexts:
65
1 space per 6
seats or 1
space per 300
sq. ft.,
whichever is
less
1 space per 8
seats or 1
space per 400
sq. ft.,
whichever is
less
1 space
per 10
seats or 1
space per
500 sq.
ft.,
whichever
is less
No Minimum
1 space per
3.5 seats or 1
space per 200
sq. ft.,
whichever is
greater
Fairground See Table Note B No Maximum
Philanthropic use See Table Note B
All Contexts:
2 spaces per
1,000 sq. ft. of
office, plus 1
space per 6
seats in
assembly areas
Zoological park See Table Note B
No Maximum
Ambulance service
Cemetery
No Minimum Plazas
Park
Open space
Educational Facilities
College and
university
2 spaces per
1,000 sq. ft.
office,
research, and
library area,
plus 1 space
per 6 seats in
assembly
areas
1 space per 1,000 sq. ft.
office, research, and library
area, plus 1 space per 10
seats in assembly areas
K - 12 private Elementary or Middle: 1 space per 20 students
66
K - 12 public
design capacity
High Schools: 1 space per 8 students design
capacity
No Minimum
All Contexts: 4
spaces per
1,000 sq. ft. Dance/music studio
3 spaces per
1,000 sq. ft.
2.5 spaces per
1,000 sq. ft.
1 space
per 1,000
sq. ft.
Music conservatory
Professional and
vocational
Professional and
vocational (with
outdoor activities)
Seminary and
religious institute
Healthcare Facilities
Clinic (medical,
dental) 4 spaces per 1,000 sq. ft.
1 space
per 1,000
sq. ft.
No Minimum
All Contexts:
6 spaces per
1,000 sq. ft
Blood donation
center 3 spaces per 1,000 sq. ft.
1 space
per 1,000
sq. ft.
Transit and
Urban Center
Context: 3
spaces per
1,000 sq. ft
Neighborhood
Center and
General
Context: 6
spaces per
1,000 sq. ft.
Hospital
1 space per 3 patient beds
design capacity
1 space
per 2
patient
beds
design
capacity
All Contexts:
1 space per 2
patient beds
design
capacity
Hospital, including
accessory lodging
facility
COMMERCIAL USES
67
Agricultural and Animal Uses
Greenhouse
2 spaces per 1,000 sq. ft.
1 space
per 1,000
sq. ft.
No Minimum
Transit and
Urban Center
Context: 2
spaces per
1,000 sq. ft
Neighborhood
Center and
Kennel
Pound
Veterinary office
Cremation service,
animal 1 space per 1,000 sq. ft.
Kennel on lots of 5
acres or larger
Poultry farm or
processing plant
General
Context: No
Maximum
Raising of furbearing
animals
Slaughterhouse
Agricultural use
No Minimum
Community garden
Farmer’s market
Grain elevator
Pet cemetery
Stable
Stockyard
Urban farm
Botanical garden See Table Note B
Recreation and Entertainment
Auditorium 1 space per 4
seats in
assembly
areas
1 space per 6
seats in
1 space
per 8
seats in
No Minimum
All Contexts:
1 space per 3
seats in
assembly
Theater, live
performance
68
Theater, movie assembly areas assembly
areas
areas
Amphitheater See Table Note B
Athletic Field
Stadium
Tennis court
(principal use)
2 spaces per court No Minimum Transit and
Urban Center
Bowling 2 spaces per lane
Context: 2
spaces per
court or lane
Neighborhood
Center and
General
Context: No
Maximum
Convention center
1 space per 1,000 sq. ft.
No Minimum
All Contexts: 3
spaces per
1,000 sq. ft. Swimming pool,
skating rink or
natatorium
Health and fitness
facility
2 spaces per 1,000 sq. ft.
1 space
per 1,000
sq. ft.
All Contexts: 4
spaces per
1,000 sq. ft.
Performing arts
production facility
Reception center
Recreation (indoor) 3 spaces per
1,000 sq. ft.
2 spaces per
1,000 sq. ft.
Recreational vehicle
park (minimum 1
acre) 1 space per designated camping or RV spot
No Maximum
Amusement park See Table Note B
Recreation (outdoor) See Table Note B
69
Food and Beverage Services
Brewpub Indoor tasting/seating area: 2
spaces per 1,000 sq. ft.;
Outdoor tasting/seating area: 2
spaces per 1,000 sq. ft.
Indoor
tasting/
seating
area: 2
spaces per
1,000 sq.
ft.;
Outdoor
tasting/ se
ating area:
1 space
per 1,000
sq. ft.
No Minimum Transit and
Urban Center
Context: 5
spaces per
1,000 sq. ft
indoor
tasting/seating
area
Neighborhood
Center and
General
Context: 7
spaces per
1,000 sq. ft.
indoor
tasting/seating
area
All Contexts:
Outdoor
tasting/
seating area: 4
spaces per
1,000 sq. ft.
Restaurant
Tavern
Social club
1 space per 6
seats in main
assembly
area, or 1
space per 300
sq. ft.,
whichever is
less
1 space per 8
seats in main
assembly area,
or 1 space per
400 sq. ft.,
whichever is
less
1 space
per 10
seats in
main
assembly
area, or 1
space per
500 sq.
ft.,
whichever
is less
No Minimum
All Contexts:
1 space per 4
seats in main
assembly area,
or 1
space per 200
sq. ft.,
whichever is
greater
Office, Business, and Professional Services
Check cashing/payday
loan business
General
Context:
70
Dental laboratory/
research facility
2 spaces per 1,000 sq. ft.
1 space
per 1,000
sq. ft.
No Minimum
4 spaces per
1,000
Neighborhood
Center Context:
3 spaces per
1,000
Urban Center
and Transit
Center
Contexts:
2 spaces per
1,000
Financial institution
Research and
laboratory facilities
Office (excluding
medical and dental
clinic and office)
3 spaces per
1,000 sq. ft.
2 spaces per
1,000 sq. ft.
Retail Sales & Services
Photo finishing lab
No Minimum
1 space
per 1,000
sq. ft.
No Minimum
Transit and
Urban Center
Contexts: 2
spaces per
1,000 sq. ft.
Neighborhood
Center and
General
Context: 3
spaces per
1,000 sq. ft.
Electronic repair
shop
Furniture repair shop
Upholstery shop
Radio, television
station
3 spaces per
1,000 sq. ft.
2 spaces per
1,000 sq. ft.
1 space
per 1,000
sq. ft.
71
Store, Convenience 3 spaces per
1,000 sq. ft.
2 spaces per
1,000 sq. ft.
1.5
spaces
per 1,000
sq. ft.
No Minimum
Transit and
Urban Center
Contexts: 2
spaces per
1,000 sq. ft.
Neighborhood
Center: 3
spaces per
1,000 sq. ft.
General
Context: 5
spaces per
1,000 sq. ft.
Auction, Indoor 2 spaces per
1,000 sq. ft.
1.5 spaces per
1,000 sq. ft.
Transit
Context: 2
Store, Department
Fashion oriented
development
1 space
per 1,000
sq. ft.
spaces per
1,000 sq. ft.
Urban Center
and
Neighborhood
Center
Context: 3
spaces per
1,000 sq. ft.
General
Context: 4
spaces per
1,000 sq. ft.
Flea market (indoor)
Flea market (outdoor)
Store, Mass
merchandising
Store, Pawn shop
Store, Specialty
Retail goods
establishment
Retail service
establishment
Store, Superstore and
hypermarket
Store, Warehouse
club
72
Retail shopping center
over 55,000 sq. ft.
usable floor area
Up to 100,000 sq. ft. : 2. spaces
per 1,000 sq. ft. .
Above 100,000 sq. ft. :
sq. ft. 1.5 spaces per 1,000 sq. ft.
Up to
100,000
sq. ft. :
1.5
spaces
per 1,000
sq. ft. .
Above
100,000
sq. ft. :
1.25
spaces
per 1,000
sq. ft.
Transit and
Urban Center
Contexts: up to
100,000 sq.
ft.: 2 spaces
per 1,000 sq.
ft., above
100,000 sq.
ft.: 1.75
spaces per
1,000 sq. ft.
Neighborhood
Center and
General
Context: Up to
100,000 sq.
ft.: 3 spaces
per 1,000 sq.
ft.,
above 100,000
sq.
ft.: 2.5 spaces
per 1,000 sq.
ft.
Plant and garden shop
with outdoor retail sales
area 2 spaces per
1,000 sq. ft.
1.5 spaces per
1,000 sq. ft.
1 space
per 1,000
sq. ft.
Transit and
Urban Center
Contexts: 1.5
spaces per
1,000 sq. ft.
Neighborhood
Center: 2
spaces per
1,000 sq. ft.
General
Context: 3
spaces per
1,000 sq. ft.
73
Lodging Facilities
Bed and breakfast
1 space per guest bedroom
0.5
spaces
per guest
bedroom
No Minimum
All Contexts:
1.25 spaces
per guest
bedroom
Hotel/motel
All Contexts:
1.5 spaces per
guest
bedroom
Vehicles and Equipment
Vehicle Auction
2 spaces per 1,000 sq. ft. of office
area plus 1 space per service bay
1 space
per 1,000
sq. ft. of
office
area plus
1 space
per
service
bay
No Minimum No Maximum
Automobile part
sales
2 spaces per 1,000 sq. ft. of
indoor sales/leasing/office area
plus 1 space per service bay
1 space
per 1,000
sq. ft. of
indoor
sales/leas
ing/
office
area plus
1 space
per
service
bay
No Minimum
All Contexts:
3 spaces per
1,000 sq. ft. of
indoor
sales/leasing/
office area,
plus 1 space
per service
bay
Automobile and truck
repair sales/rental and
service
Boat/recreational
vehicle sales and
service (indoor)
Equipment rental
(indoor and/or
outdoor)
Equipment, heavy
(rental, sales,
service)
74
Manufactured/mobile
home sales and service
Recreational vehicle
(RV) sales and service
Truck repair sales and
rental (large)
Car wash
No Minimum
Transit and
Urban Center
Contexts: 1
space per
1,000 sq. ft.
Neighborhood
Center: 2
spaces per
1,000 sq. ft.
General
Context: 5
spaces per
1,000 sq. ft.
Car wash as accessory
use to gas station or
convenience store that
sells gas
Gas station
2 spaces per
1,000 sq. ft.
2 spaces per
1,000 sq. ft.
No
Minimum
General
Context:
5 spaces per
1,000 sq. ft.
Neighborhood
Center Context:
3 spaces per
1,000 sq. ft.
Urban Center
Context:
1 space per
1,000 sq. ft.
Bus line yard and
repair facility
1 space per 1,000 sq. ft. , plus 1 space per
commercial fleet vehicle
No Minimum No Maximum
75
Impound lot
Limousine service
Taxicab facility
Tire distribution
retail/wholesale
Adult Entertainment Establishments
Sexually oriented
business 3 spaces per 1,000 sq. ft.
1 space
per 1,000
sq. ft.
No Minimum
All Contexts:
5 spaces per
1,000 sq. ft.
TRANSPORTATION USES
Airport Determined by Airport Authority No Maximum
Heliport
Bus line
station/terminal
No Minimum
Urban Center
and Transit
Contexts:
2 spaces per
1,000 sq. ft.
Neighborhood
Center and
General
Context: 1
space per 150
average daily
passenger
boardings
Intermodal transit
passenger hub
Railroad, passenger
station
Transportation
terminal, including
bus, rail and trucking
Railroad, repair shop 1 space per 1,000 sq. ft. , plus 1 space per
fleet vehicle generally stored on-site
No Minimum No Maximum Truck freight
terminal
Railroad, freight
terminal facility
No Minimum
INDUSTRIAL USES
76
Manufacturing and Processing
Artisan food
production
1 space per 1,000 sq. ft. of
production area, plus 2 spaces
per 1,000 sq. ft. of office/retail
0.5
spaces per
1,000 sq.
ft. of
productio
n area,
plus 1.5
spaces per
1,000 sq.
ft. of
office/ret
ail
No Minimum
Transit and
Urban Center
Contexts: 1
space per 1,000
sq. ft. of
production
area, plus 2
spaces per
1,000 sq. ft. of
office/retail
Neighborhood
Center and
General
Context: 2
spaces per
1,000 sq. ft. of
production
area, plus 3
spaces per
1,000 sq. ft. of
office/retail
Bakery, commercial
Automobile salvage
and recycling
(outdoor) 1 space per 1,000 sq. ft. of
office
0.5 space
per 1,000
sq. ft. of
office
No Minimum
All Contexts:
7 spaces per
1,000 sq. ft.
of office/retail
Processing center
(outdoor)
Automobile salvage
and recycling
(indoor)
Blacksmith shop
Bottling plant
Brewery/Small
Brewery
77
Chemical
manufacturing and/or
storage
1 space per 1,000 sq. ft.
No Minimum No Maximum
Commercial food
preparation
Distillery
Drop forge industry
Explosive
manufacturing and
storage
Food processing
Heavy
manufacturing
Incinerator, medical
waste/hazardous waste
Industrial assembly
Jewelry fabrication
Laundry, commercial
Light manufacturing
Manufacturing and
processing, food
Paint manufacturing
Printing plant
Processing center
(indoor)
Recycling
Sign painting/
fabrication
Studio, motion picture
78
Welding shop No Minimum
Winery
Woodworking mill
Collection station
No Minimum
Concrete and/or
asphalt
manufacturing
Extractive industry
Manufacturing,
concrete or asphalt
Refinery, petroleum
products
Storage and Warehousing
Air cargo terminals
and package delivery
facility 1 space per 1,000 sq. ft. , plus 1 space per
fleet vehicle generally stored on-site
No Maximum
Building materials
distribution
Flammable liquids or
gases, heating fuel
distribution and
storage
Package delivery
facility
Warehouse
Warehouse, accessory
to retail and wholesale
business (maximum
5,000 square foot floor
plate)
Wholesale
distribution
79
Storage, self
2 spaces per 1,000 sq. ft. of
office area, plus 1 space per 30
storage units
2 spaces
per 1,000
sq. ft. of
office
All Contexts:
1 space for
every 15
storage units
Contractor’s
yard/office
2 spaces per 1,000 sq. ft. of office area
All Contexts:
3 spaces per
1,000 sq. ft.
of office area
Rock, sand and gravel
storage and distribution
No Minimum No Maximum
Storage (outdoor)
Storage and display
(outdoor)
Storage, public
(outdoor)
PUBLIC AND SEMI-PUBLIC UTILITY USES
Utility: Building or
structure
No Minimum No Maximum
Antenna,
communication
tower
Antenna,
communication tower,
exceeding the maximum
building
height in the zone
Large wind energy
system
Solar array
Utility: Electric
generation facility
Utility: Sewage
treatment plant
80
Utility: Solid waste
transfer station
Utility: Transmission
wire, line, pipe or pole
Wireless
telecommunications
facility
ACCESSORY USES
Accessory Dwelling
Unit
See Section 21A.40.200: Accessory Dwelling Units
Accessory guest and
servant’s quarter
1 space per DU No Minimum
Living quarter for
caretaker or security
guard
All Contexts:
4 spaces per
DU
Retail, sales and service
accessory use when
located within a
principal building
2 spaces per 1,000
1 space
per 1,000
Transit and
Urban Center
Contexts: 2
spaces per
1,000 sq. ft.
Neighborhood
Center: 3
spaces per
1,000 sq. ft.
General
Context: 4
spaces per
1,000 sq. ft.
Retail, sales and service
accessory use when
located within a
principal building and
operated primarily for
the convenience of
employees
No Minimum
Warehouse,
accessory
0.5 spaces per 1,000 sq. ft. of
warehouse/wholesale
No Minimum
81
Accessory use, except
those that are otherwise
specifically
regulated elsewhere in
this title
No Minimum No Maximum
Heliport, accessory
Reverse vending machine
Storage, accessory
(outdoor)
TEMPORARY USES
Mobile food business
(operation in public
right-of-way)
No minimum, unless required by temporary use permit or as
determined by the Zoning Administrator
No Maximum
Mobile food business
(operation on private
property)
Mobile food court
Vending cart, private
property
Vending cart, public
property
Farm stand, seasonal
Table Notes:
A. Facilities that are (a) occupied by persons who’s right to live together is protected by the federal
Fair Housing Act, and that (b) occupy a building originally constructed for another residential use
shall have the same parking requirements as the residential use for which the building was
constructed.
B. Parking requirements to be determined by the transportation director based on considerations of
factors such as estimated facility use, vehicle traffic to the facility, transit use to the facility, potential
traffic congestion, and likelihood of overflow parking in surrounding neighborhoods.
B. Electric Vehicle Parking: Each multi-family use shall provide a minimum of one
(1) parking space dedicated to electric vehicles for every twenty five (25) parking
82
spaces provided on-site. Electric vehicle parking spaces shall count toward the
minimum required number of parking spaces. The electric vehicle parking space
shall be:
1. Located in the same lot as the principal use;
2. Located as close to a primary entrance of the principal building as possible;
3. Signed in a clear and conspicuous manner, such as special pavement
marking or signage, indicating exclusive availability to electric vehicles;
and
4. Outfitted with a standard electric vehicle charging station.
C. Accessible Parking:
1. The number and design of accessible (ADA) parking spaces shall be
pursuant to the standards provided in the Salt Lake City Off Street
Parking Standards Manual.
2. Parking areas with four (4) or fewer vehicle parking spaces are not required
to identify an accessible parking space; however, if parking is provided, a
minimum of one (1) parking space shall comply with the ADA standard
dimensions.
3. The number of required accessible spaces shall be based on the total
number of vehicle spaces provided to serve the principal uses, as shown
below in Table 21A.44.040-B, “Accessible Parking Required“.
TABLE 21A.44.040-B: ACCESSIBLE PARKING REQUIRED:
Off Street Parking Spaces Provided Minimum Required Accessible Spaces
1 to 100 1 per 25 parking spaces
101 to 500 1 per 50 parking spaces
501 to 1,000 2 percent of total number of parking spaces
1,001 and more 20, plus 1 for each 100 parking spaces over
1,000
83
D. Bicycle Parking:
1. Applicability: The following regulations apply to all uses except for single-
family, two-family, and twin home residential uses and nonresidential uses
having less than one thousand square feet (1,000 sq. ft.) of usable floor area.
2. Calculation of Minimum Required Bicycle Parking Spaces: The number of required
bicycle spaces shall be based on the use within the defined parking contexts as shown
in Table 21A.44.040-C, “Minimum Bicycle Parking Requirements”, unless another
city standard requires a different number of bicycle parking spaces for a specific use,
in which case the use-specific bicycle parking standard shall apply.
TABLE 21A.44.040-C: MINIMUM BICYCLE PARKING REQUIREMENTS*:
(Calculation of Bicycle Parking Spaces to be Provided per Residential Unit or Based on
Usable Floor Area)
Use
General
Context
Neighborhood
Center Context
Urban
Center
Context
Transit
Context
All zoning
districts not
listed in
another
context area
RB, SNB, CB,
CN, R-MU-35,
R-MU-45, SR-3,
FB-UN1, FB-SE
D-2, MU,
TSA-T,
CSHBD1,
CSHBD2
D-1, D-3, D-4,
G-MU, TSA-
C, UI, FB-UN2,
FB- UN3, FB-
SC, R-MU
Residential
Uses 1 per 5 units 1 per 4 units 1 per 3 units 1 per 2 units
Public,
Institutional,
and Civic Uses
1 per 10,000
sq. ft.
1 per 5,000 sq. ft. 1 per 5,000
sq. ft.
1 per 3,000 sq.
ft.
Commercial
Uses 1 per 20,000
sq. ft.
1 per 5,000 sq. ft 1 per 4,000
sq. ft.
1 per 2,000 sq.
ft.
Industrial Uses No
requirement
No requirement No
requirement
No
Requirement
*For all uses: In determining the minimum number of bicycle parking spaces required,
fractional spaces are rounded to the nearest whole number, with one-half counted as an
additional space
3. Building Expansions or Changes of Use: Building expansions or changes of
use that require additional vehicle parking spaces pursuant to Section
84
21A.44.020 and Section 21A.44.040 shall provide additional bicycle parking
spaces based on the calculations in Table 21A.44.040-C, “Minimum Bicycle
Parking Requirements”, for the entire use.
4. Secure/Enclosed Bicycle Parking: Each one (1) bicycle parking space that is
within a secure/enclosed bicycle parking facility may be used to satisfy the
requirement of two (2) required bicycle parking spaces.
5. Existing Public Bicycle Parking Facilities: Permanent public bicycle racks or bike
corrals located within fifty feet (50’) of the primary entrance to the principal building
may be used to satisfy up to two (2) required bicycle parking spaces.
6. Accessory and Temporary Uses: No bicycle parking spaces are required for accessory
or temporary uses.
21A.44.050: ALTERNATIVES TO MINIMUM AND MAXIMUM PARKING
CALCULATIONS:
The amount of off street vehicle parking required pursuant to Table 21A.44.040-A,
“Minimum and Maximum Off Street Parking”, may be adjusted by the factors listed in
this section. These adjustments may be applied as part of the calculation of parking
requirements and do not require discretionary approval by the City.
A. Limitations on Adjustments to Minimum Required Parking: The adjustments listed
in Subsections 21A.44.050.B through 21A.44.050.G may be used in any
combination, but shall not be combined to reduce the minimum required parking
established in Table 21A.44.040-A, “Minimum and Maximum Off Street Parking“,
by more than forty percent (40%).
B. Shared Parking:
1. Shared Parking for Two or More Uses:
a. Where two (2) or more uses listed in Table 21A.44.040-A, “Minimum
and Maximum Off Street Parking”, share a parking garage or parking lot
that is located on one of the properties that is sharing parking, or is
located within the maximum permitted distance of all of the properties
sharing parking shown in Table 21A.44.060-B, “Maximum Distances for
Off-Site Parking”, the total minimum off street parking requirement for
those uses may be reduced by the factors shown in Table 21A.44.050-A,
“Shared Parking Reduction Factors“.
b. The minimum number of off street parking spaces shall be the sum of
the parking requirements for the uses divided by the factor shown in
Table 21A.44.050-A, “Shared Parking Reduction Factors”, for that
combination of uses.
85
Example: If a 5,000 square foot art gallery shared a parking lot with a
5,000 square foot retail goods establishment, and a 100 unit multi-family
residential use in the Urban Center Context, the minimum off street
parking required would be calculated as follows:
Use 1: Art Gallery
0.5 per 1,000 sq. ft. x (5,000 sq. ft.) = 3 parking spaces
Use 2: Retail Goods Establishment
1 per 1,000 sq. ft. x (5,000 sq. ft.) = 5 parking spaces
Use 3: Multi-Family Residential
0 per studio unit x (20 studio units) = 0 parking spaces
0.5 per 1 bedroom unit x (36 1 bedroom units) = 18 parking spaces
1 per 2+ bedroom units x (44 2+ bedroom units) = 44 parking spaces
0+18+44 = 62 parking spaces
Sum of two largest minimum parking requirements:
5 (retail goods establishment)+ 62 (multi-family) = 67 parking spaces
Reduction Factor (two largest minimums):
67 ÷ 1.2 reduction factor = 55.8 or 56 parking spaces
Add Remaining Minimum(s):
56 (retail & multi-family) + 3 (art gallery) = 59 parking spaces required
TABLE 21A.44.050-A: SHARED PARKING REDUCTION FACTORS:
Property Use
Multi-Family
Residential
Public,
Institutional,
or Civic
Food and
Beverage,
Recreation and
Entertainment,
or Lodging
Retail
Sales
Other Non-
Residential
Multi-Family Residential
[1]
Public, Institutional and
Civic
1.1
Food and Beverage,
Recreation and
Entertainment, or 1.1
1.2
86
Lodging
Retail Sales 1.2 1.3 1.3
Other Non-Residential 1.3 1.5 1.7 1.2
[1] Applies to multi-family residential, assisted living facility (large), group home (large), and
residential support (large) uses
2. Documentation Required:
a. The owners of record involved in the joint use of shared parking
shall submit written documentation of the continued availability of
the shared parking arrangement to the Transportation Director for
review.
b. The Director shall approve the shared parking arrangement if the Director
determines that the documentation demonstrates the continued
availability of the shared parking facility for a reasonable period of time.
No zoning or use approval shall be issued until the Director has approved
the shared parking documentation.
c. If the shared parking arrangement is later terminated or modified and the
Director determines that the termination or modification has resulted in
traffic congestion, overflow parking in residential neighborhoods, or
threats to pedestrian, bicycle, or vehicle safety, the property owners
involved in the shared parking arrangement may be held in violation of
this chapter.
C. Proximity to Fixed-Rail Transit: Required parking for a development located
within one-quarter mile (when measured radially in a straight line from the subject
property line) of a fixed-rail transit station platform in the General Context,
Neighborhood Center Context, and Urban Center Context areas may be reduced by
up to twenty-five percent (25%). This shall not apply to single or two-family uses
including: single-family (attached or detached), twin homes, or two-family.
D. Affordable and Senior Housing (Multi-Family Structures): The minimum number
of required off street parking spaces for multi-family residential developments with
at least ten (10) dwelling units may be reduced by twenty-five percent (25%) if the
multi-family development has:
1. A minimum of twenty-five percent (25%) of the dwelling units are restricted to
residents with no greater than sixty percent (60%) area median income (AMI)
87
for leased units; or
2. A minimum of thirty-five percent (35%) of the dwelling units are restricted to
residents with no greater than eighty percent (80%) AMI for sale units; or
3. A minimum of seventy-five percent (75%) of the dwelling units are restricted
to persons sixty-five (65) years of age or older.
For a development that meets any of the scenarios above, an additional reduction
of up to fifteen percent (15%) may be allowed when the development is located
within one-quarter mile (when measured radially in a straight line from the
subject property line) of a bus stop that is serviced by the same route at least
every fifteen (15) minutes during daytime hours, Monday - Saturday.
E. Car Pool and Carshare Parking:
1. For parking lots with one hundred (100) or more parking spaces, each off
street parking space designated and signed for the exclusive use of a shared
car pool vehicle shall count as three (3) spaces toward the satisfaction of
minimum off street vehicle parking requirements.
2. For parking lots with one hundred (100) or more parking spaces, each off street
parking space designated and signed for the exclusive use of a shared vanpool
vehicle shall count as seven (7) spaces toward the satisfaction of minimum off
street vehicle parking requirements.
3. For parking lots of any size, each off street parking space designated and
signed for the exclusive use of a carshare vehicle shall count as four (4)
spaces toward the satisfaction of minimum off street vehicle parking
requirements.
F. Valet Parking Services: Modifications to minimum on site parking spaces may
occur on a one-to-one basis if off site valet parking is provided and:
1. The design of the valet parking does not cause customers who do not use the
valet services to park off the premises or cause queuing in the right-of-way;
2. The availability of valet parking service is clearly posted outside the
establishment and near the main entrance; and
3. The applicant provides adequate written assurances for the continued operation
of the valet parking, and a written agreement to notify future owners and
tenants of the property of the duty to continue to provide off-site valet parking.
G. Parking Study Demonstrating Different Parking Needs:
88
1. The transportation director, in consultation with the planning director, may
authorize a change in the amount of off street parking spaces. The
authorization shall be based onthe applicant submitting a parking study that
demonstrates a different off street parking demand for the proposed
development, use, or combination of uses than calculated from Table
21A.44.040-A, “Minimum and Maximum Off Street Parking“, and subject to
the overall limits on parking adjustments in Subsection 21A.44.050.A above.
2. The transportation director and planning director shall determine whether the
information and assumptions used in the study are reasonable and whether the
study accurately reflects anticipated off street parking demand for the proposed
development, use, or combination of uses.
3. Considerations for an alternative parking requirement (parking provided below
the minimum required or exceeding the maximum allowed) shall be granted
only if the following findings are determined:
a. That the proposed parking plan will satisfy the anticipated parking demand
for the use;
b. That the proposed parking plan will be at least as effective in maintaining
traffic circulation patterns, reducing the visibility of parking areas and
facilities as would strict compliance with the otherwise applicable off
street parking standards;
c. That the proposed parking plan does not have a materially adverse
impact on adjacent or neighboring properties;
d. That the proposed parking plan includes mitigation strategies for any
potential impact on adjacent or neighboring properties; and
e. That the proposed alternative parking plan is consistent with applicable
cityplans and policies.
21A.44.060: PARKING LOCATION AND DESIGN:
All required parking areas shall be located and designed in accordance with the
standards in this Chapter 21A.44: Off Street Parking, Mobility, and Loading and the
standards in the Off Street Parking Standards Manual. Modifications to the standards
of this Section 21A.44.060 may be granted through the design review process, subject
to conformance with the standards and procedures of Chapter 21A.59: Design Review.
A. Generally:
1. Parking Located on Same Lot as Use or Building Served: All parking
spaces required to serve buildings or uses erected or established after the
89
effective date of this ordinance shall be located on the same lot as the
building or use served, unless otherwise allowed pursuant to Subsection
21A.44.060.A.4, “Off-Site Parking Permitted”.
2. Biodetention and Landscape Islands in General and Neighborhood Center
Contexts: For parking lots with one hundred (100) or more parking spaces in the
General Context and Neighborhood Center Context areas, parking lot islands or
biodetention areas shall be provided on the interior of the parking lot to help
direct traffic flow and to provide landscaped areas within such lots.
3. Parking Location and Setbacks: All parking shall comply with the parking
restrictions within yards pursuant to Table 21A.44.060-A, “Parking
Location and Setback Requirements”.
TABLE 21A.44.060-A: PARKING LOCATION AND SETBACK REQUIREMENTS:
N = parking prohibited between lot line and front line of the principal building
Zoning District Front
Lot Line
Corner Side
Lot Line
Interior Side
Lot Line
Rear
Lot Line
GENERAL CONTEXT
Residential (FR Districts, RB, RMF, RO)
FR N
Parking in driveways that comply with
all applicable city standards is exempt
from this restriction.
6 ft.
0 ft.
R-1, R-2, SR-1,
SR-2
0 ft.
RMF-30
N
0 ft.; or 10 ft.
when abutting
any 1-2 family
residential
district
RMF-35, RMF-
45, RMF-75,
RO
0 ft.; or 10 ft.
when abutting
any 1-2 family
residential
district. Limited
to 1 side yard
except for single-
family attached
lots.
90
Commercial and Manufacturing (CC, CS, CG, M-1, M-2, SNB)
CC
15 ft.
0 ft.; or 7 ft. when abutting any
residential district
CS 0 ft.; or 15 ft. when abutting any
residential districtCG 10 ft.
M-1
15 ft.M-2 0 ft.; or 50 ft. when abutting any
residential district
Special Purpose Districts
A 0 ft.
0 ft.AG, AG-2, AG-
5,
AG-20
N
BP 8 ft.; or 30 ft. when abutting any
residential district
EI 10 ft. 30 ft. 30 ft. 20 ft.
FP
20 ft.
6 ft. 0 ft.
I 0 ft.; or 15 ft. when abutting any
residential district
MH 0 ft.
OS 30 ft. 10 ft.
PL 0 ft.; or 10 ft. when abutting any
residential district PL-2 20 ft.
RP 30 ft. 8 ft.; or 30 ft. when abutting any
residential district
NEIGHBORHOOD CENTER CONTEXT
CB , CN, SNB N 0 ft.; or 7 ft. when abutting any
1-2 family residential district
91
R-MU-35, R-
MU-45
Surface Parking: N
Parking Structures: 45’ or located
behind principal building
Limited to 1 side
yard, 0 ft.; or
10 ft. when
abutting any 1-2
family residential
district
0 ft.; or 10 ft.
when
abutting any
1-2 family
residential
district
RB, SR-3, FB-
UN1,
FB-SE
N
0 ft.
URBAN CENTER CONTEXT
CSHBD1
N
0 ft.; or 7 ft. when abutting any
residential district
CSHBD2 0 ft.; or 7 ft. when abutting any
1-2 family residential district
D-2 Surface Parking: 20 ft.
Parking Structures: N
0 ft.
MU
Surface Parking: 25 ft. or located
behind principal structure
Parking Structures: 45 ft. or located
behind principal structure
0 ft.; limited to 1
side yard 0 ft.
TSA-T See Subsection 21A.44.060.B.2 0 ft.
TRANSIT CONTEXT
D-1 See Subsection 21A.44.060.B.1
D-3
D-4 See Subsection 21A.44.060.B.1
0 ft.
G-MU
FB-UN2, FB-
UN3, FB-SC
N
TSA-C See Subsection 21A.44.060.B.2
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R-MU
Surface Parking: 30 ft.
Parking Structures: 45 ft. or located
behind principal structure
0 ft.; or 10 ft.
when abutting
any 1-2 family
residential
district
Surface parking
at least 30 ft.
from front lot
line.
0 ft.; or 10 ft.
when
abutting any
1-2 family
residential
district
UI 0 ft; Hospitals: 30 ft.
0 ft.; or 15 ft.
when abutting
any 1-2 family
residential
district;
Hospitals: 10 ft.
0 ft.; or 15 ft.
when
abutting any
1-2 family
residential
district;
Hospitals: 10
ft.
4. Off-Site Parking Permitted: When allowed as either a permitted or conditional
use per Chapter 21A.33, “Land Use Tables”, off-site parking facilities may be
used to satisfy the requirements of this chapter and shall comply with the
following standards:
a. Maximum Distance of Off-Site Parking: Off-site parking shall be located
according to the distance established in Table 21A.44.060-B, “Maximum
Distances for Off-Site Parking” (measured in a straight line from the
property boundary of the principal use for which the parking serves to the
closest point of the parking area).
Table 21A.44.060-B: Maximum Distances for Off-Site Parking:
Context Maximum Distance to Off-Site
Parking
Neighborhood Center
600 ft. General
Legal Nonconforming Use in Residential District
Urban Center 1,200 ft.
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Transit 1,000 ft.
b. Documentation Required:
(1) The owners of record involved in an off-site parking arrangement shall
submit written documentation of the continued availability of the off-site
parking arrangement to the planning director for review.
(2) The planning director shall approve the off-site parking arrangement if the
director determines the location meets the standards of this section. No
zoning or use approval shall be issued until the director has approved the
off-site parking arrangement and the documentation has been recorded in
the office of the Salt Lake County Recorder.
(3) If the off-site parking arrangement is later terminated or modified and the
planning director determines that the termination or modification has
resulted in traffic congestion, overflow parking in residential
neighborhoods, orthreats to pedestrian, bicycle, or vehicle safety, the
property owners of the uses for which the off-site parking was provided
may be held in violation of this chapter.
5. Circulation Plan Required: Any application for a building permit shall include a site
plan, drawn to scale, and fully dimensioned, showing any off street parking or loading
facilities to be provided in compliance with this title. A tabulation of the number of
off street vehicle and bicycle parking, loading, and stacking spaces required by this
chapter shall appear in a conspicuous place on the plan.
6. Driveways and Access:
a. Compliance with Other Adopted Regulations:
(1) Parking lots shall be designed in compliance with applicable city codes,
ordinances, and standards, including but not limited to Title 12 of this code:
Vehicles and Traffic and the Off Street Parking Standards Manual to the
maximum degree practicable, with respect to:
(a) Minimum distances between curb cuts;
(b) Proximity of curb cuts to intersections;
(c) Provisions for shared driveways;
(d) Location, quantity and design of landscaped islands; and
(e) Design of parking lot interior circulation system.
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(2) Notwithstanding the provisions of Subsection 21A.44.060.A.6.a(1) above,
relocation of a driveway for a single-family, two-family, or twin home
residence in any zoning district shall only be required when the residence is
replaced, and shall not be required when the residence is expanded or
renovated in compliance with the city code.
b. Access Standards: Access to all parking facilities shall comply with the following
standards:
(1) To the maximum extent practicable, all off street parking facilities shall be
designed with vehicular access to a street or alley that will least interfere with
automobile, bicycle, and pedestrian traffic movement.
(2) Parking facilities in excess of five (5) spaces that access a public street shall
be designed to allow vehicles to enter and exit the lot in a forward direction.
(3) Parking facilities on lots with less than one hundred feet (100’) of street
frontage shall have only one (1) curb cut, and lots with one hundred feet
(100’) of street frontage or more shall be limited to two (2) curb cuts, unless
the transportation director determines that additional curb cuts are necessary to
ensure pedestrian, bicycle, and vehicle safety or to comply with the fire code.
Public safety uses shall be exempt from limitations on curb cuts.
(4) All vehicular access roads/driveways shall be surfaced as required in
accordance with Subsection 21A.44.060.A.8, “Surface Materials”.
c. Driveway Standards: All driveways shall comply with the following standards:
(1) Driveway Location in Residential Zoning Districts: With the exception of
legal shared driveways, driveways shall be at least twenty feet (20’) from
street corner property lines and five feet (5’) from any public utility
infrastructure such as power poles, fire hydrants, and water meters. Except for
entrance and exit driveways leading to approved parking areas, no curb cuts or
driveways are permitted.
(2) Driveway Widths: All driveways serving residential uses shall be a minimum
eight feet wide and shall comply with the standards for maximum driveway
widths listed in Table 21A.44.060-C, “Minimum and Maximum Driveway
Width”.
TABLE 21A.44.060-C: MINIMUM AND MAXIMUM DRIVEWAY WIDTH:
Zoning District
Minimum Driveway Width
(in front and corner side
yard)
Maximum Driveway
Width*
(in front and corner side
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yard)
SR-1, SR-2 and SR-3 8 ft. 22 ft.
MH 8 ft. 16 ft.
Other Residential Zoning Districts 8 ft. 30 ft.
M-1 and M-2 12 ft. single lane and 24 ft.
for two-way
50 ft.
Other Non-Residential Zoning
Districts
12 ft. single lane and 24 ft.
for two-way
30 ft.
* Maximum width is for all driveways combined when more than one driveway is provided
(3) Shared Driveways: Shared driveways, where two (2) or more properties share
one (1) driveway access, may be permitted if the transportation director
determines that the design and location of the shared driveway access will not
create adverse impacts on traffic congestion or public safety.
(4) Driveway Surface: All driveways providing access to parking facilities shall
be improved and maintained pursuant to the standards in the Off Street
Parking Standards Manual.
7. Minimum Dimensional Standards: All parking spaces shall comply with the
dimensional standards in the Off Street Parking Standards Manual.
8. Surface Materials: All parking spaces shall comply with the standards for surfacing of
access, driving, and parking surfacing in the Off Street Parking Standards Manual.
9. Grading and Stormwater Management: All surface parking areas shall comply with
city grading and stormwater management standards and shall be reviewed for best
management practices by Salt Lake City Department of Public Utilities. Refer to the
Salt Lake City Stormwater Master Plan, Storm Drainage Manual, and Green
Infrastructure Toolbox for additional information.
10. Sight Distance Triangles: All driveways and intersections shall comply with the sight
distance triangle standards as defined in the Off Street Parking Standards Manual.
11. Landscaping and Screening: All parking areas and facilities shall comply with the
landscaping and screening standards in Chapter 21A.48, “Landscaping and Buffers”.
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12. Lighting: Where a parking area or parking lot is illuminated, the light source shall be
shielded so that the light source is not directly visible from any abutting property or
abutting private or public street.
13. Signs: All signs in parking areas or related to parking facilities shall comply with
Chapter 21A.46, “Signs”, and applicable provisions of the Manual on Uniform
Traffic Control Devices (MUTCD).
14. Pedestrian Walkways:
a. Surface parking lots with between twenty-five (25) and one hundred (100) parking
spaces shall provide a pedestrian walkway or sidewalk through the parking lot to
the primary entrance of the principal building. Pedestrian walkways shall be
identified by a change in color, material, surface texture, or grade elevation from
surrounding driving surfaces.
b. Parking lots with more than one hundred (100) parking spaces shall provide:
(1) One (1) or more grade-separated pedestrian walkway(s), at least five feet (5’)
in width, and located in an area that is not a driving surface, leading from the
farthest row of parking spaces to the primary entrance of the principal
building.
(2) Vehicles shall not overhang the pedestrian walkway(s).
(3) Where the walkway(s) crosses a drive aisle, pedestrian walkway(s) shall be
identified by a change in color, material, surface texture, or grade elevation
from surrounding driving surfaces.
(4) One (1) pedestrian walkway meeting these standards shall be provided for
each one hundred (100) parking spaces provided on site or part thereof, after
the first one hundred (100) parking spaces.
15. Parking Garages: The following standards shall apply to all above-ground parking
garages except those located in the FB zones subject to Subsection 21A.27.030.C.4,
whether freestanding or incorporated into a building:
a. Each façade or a parking garage adjacent to a public street or public space shall
have an external skin designed to conceal the view of all parked cars. Examples
include heavy gauge metal screen, precast concrete panels, live green or
landscaped walls, laminated or safety glass, or decorative photovoltaic panels.
b. No horizontal length of the parking garage façade shall extend longer than 40 feet
without the inclusion of architectural elements such as decorative grillwork,
louvers, translucent screens, alternating building materials, and other external
features to avoid visual monotony. Facade elements shall align with parking
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levels.
c. Internal circulation shall allow parking surfaces to be level (without any slope)
along each parking garage facade adjacent to a public street or public space. All
ramps between levels shall be located along building facades that are notadjacent
to a public street or public space, or shall be located internally so that they are not
visible from adjacent public streets or public spaces.
d. The location of elevators and stairs shall be highlighted through the use of
architectural features or changes in façade colors, textures, or materials so that
visitors can easily identify these entry points.
e. Interior parking garage lighting shall not produce glaring sources toward adjacent
properties while providing safe and adequate lighting levels. The use of sensor
dimmable LEDs and white stained ceilings are recommended to control light
levels on-site while improving energy efficiency.
f. In the Urban Center Context and Transit Context areas, the street-level facades of
all parking garages shall be designed to meet applicable building code standards
for habitable space to allow at least one (1) permitted or conditional use, other
than parking, to be located where the parking garage is located.
g. Vent and fan locations shall not be located on parking garage facades facing
public streets or public spaces, or adjacent to residential uses, to the greatest
extent practicable.
16. Tandem Parking: Where more than one (1) parking space is required to be provided
for a residential dwelling unit, the parking spaces may be designed as tandem parking
spaces, provided that:
a. No more than two (2) required spaces may be included in the tandem parking
layout; and
b. Each set of two (2) tandem parking spaces shall be designated for a specific
residential unit.
17. Cross-Access between Adjacent Uses: The transportation director may require that
access to one or more lots be through shared access points or cross-access through
adjacent parcels when the transportation director determines that individual access to
abutting parcels or limited distance between access points will create traffic safety
hazards due to traffic levels on adjacent streets or nearby intersections. Such a
determination shall be consistent with requirements of state law regarding property
access from public streets. Required cross- access agreements shall be recorded with
the Salt Lake County Recorder’s Office.
B. Zone Specific Location and Design Standards:
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1. D-1, D-3, D-4, and G-MU Zoning Districts: The following regulations shall apply to
surface or above-ground parking facilities. No special design and setback restrictions
shall apply to below-ground parking facilities.
a. Block Corner Areas:
(1) Within the D-1 zoning district, above-ground parking facilities located within
the block corner areas and on Main Street, shall be located behind principal
buildings and:
a. All above-ground parking facilities that front a street shall contain uses
other than parking along the entire length of the building façade and along
all stories or levels of the building.
b. Vehicle access to parking shall be located to the side of the building or as
far from the street corner as possible unless further restricted by this title.
(2) Within the D-3, D-4, or G-MU zoning districts, above-ground parking
facilities shall be located behind principal buildings, or at least seventy-five
feet (75’) from front and corner side lot lines, and shall be landscaped to
minimize visual impacts.
b. Mid-Block Areas:
(1) Within the D-1 zoning district, above-ground parking facilities shall be
located behind the front line of principal buildings or shall be located at least
seventy- five feet (75’) from front and corner side lot lines. Parking lots
proposed as a principal use to facilitate a building demolition are prohibited.
(2) Within the D-3, D-4, or G-MU zoning districts, parking facilities shall be
located behind principal buildings, or at least thirty feet (30’) from front and
corner side lot lines.
(3) Parking garages shall meet the following:
a. Retail goods/service establishments, offices and/or restaurants shall be
provided on the first floor adjacent to the front or corner side lot line. The
facades of such first floors shall be compatible and consistent with the
associated retail or office portion of thebuilding and other retail uses in
the area.
b. Levels of parking above the first level facing the front or corner side lot
line shall have floors and/or facades that are horizontal, not sloped.
c. Landscape Requirements: Surface parking lots, where allowed shall have a
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minimum landscaped setback of fifteen feet (15’) and shall meet interior
parking lot landscaping requirements as outlined in Chapter 21A.48,
“Landscaping and Buffers”.
2. TSA Transit Station Area District: New uses and development or redevelopment
within the TSA Transit Station Area District shall comply with the following
standards.
a. Surface Parking on Corner Properties: On corner properties, surface parking lots
shall be located behind principal buildings or at least sixty feet (60’) from the
intersection of the front and corner side lot lines.
b. Surface Parking in the Core Area: Surface parking lots in the core area are
required to be located behind or to the side of the principal building.
(1) When located to the side of a building, the parking lot shall be:
(a) Set back a minimum of thirty feet (30’) from a property line adjacent to a
public street. The area between the parking lot and the property line
adjacent to a public street shall be landscaped or activated with outdoor
dining, plazas, or similar features;
(b) Screened with a landscaped hedge or wall that is at least thirty-six inches
(36”) above grade and no taller than forty-two inches (42”) above grade.
Landscaping berms are not permitted; and
(c) No wider than what is required for two (2) rows of parking and one (1)
drive aisle as provided in the Off Street Parking Standards Manual.
(2) Unless a second driveway is necessary to comply with the fire code, a
maximum of one (1) driveway and drive aisle shall be permitted per street
frontage. The access point shall be located a minimum of one hundred feet
(100’) from the intersection of the front and corner side lot lines. If the front
or corner side lot line is less than one hundred feet (100’) in length, then the
edge of the drive approach shall be located within twenty feet (20’) of the side
or rear property line.
c. Surface Parking In the Transition Area:
(1) Surface parking lots in the transition area are required to be located behind the
principal building or to the side of a principal building.
(2) When located to the side of a principal building, the parking lot shall be:
(a) Set back so that no portion of the parking area (other than the driveway)
shall be closer to the street than the front wall setback of the building. In
cases where the front wall of the building is located within five feet (5’)of
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a property line adjacent to a street, the parking lot shall be set back a
minimum of eight feet (8’). The space between the parking lot and the
property line adjacent to a street shall be landscaped or activated with
outdoor dining, plazas, or similar features; and
(b) Screened with a landscaped hedge or wall that is at least thirty-six inches
(36”) above grade and no taller than forty-two inches (42”) above grade.
Landscaped berms are not permitted.
C. Recreational Vehicle Parking:
1. Generally:
a. Recreational vehicle parking spaces shall be in addition to, and not in lieu of,
required off street vehicle parking spaces.
b. Recreational vehicles shall not be used for storage of goods, materials, or
equipment other than those that are customarily associated with the recreational
vehicle.
c. All recreational vehicles shall be stored in a safe and secure manner. Any tie
downs, tarpaulins, or ropes shall be secured from flapping in windy conditions.
d. Recreational vehicles shall not be occupied as a dwelling while parked on the
property.
e. Recreational vehicle parking is permitted in any enclosed structure conforming to
building code and zoning requirements for the zoning district in which it is
located.
f. Recreational vehicle parking outside of an approved enclosed structure shall be
permitted for each residence and shall be limited to one motor home or travel
trailer and a total of two (2) recreational vehicles of any type.
g. Recreational vehicle parking outside of an enclosed structure shall comply with
the standards in this section.
2. Front Yard Parking: Recreational vehicle parking is prohibited in any required or
provided front yard.
3. Rear Yard Parking: Recreational vehicles may be parked in the rear yard when they
are on a hard surfaced pad compliant with surfacing standards in the Off Street
Parking Standards Manual and with access provided by either a hard surfaced
driveway, hard surfaced drive strips or an access drive constructed of turf block
materials with an irrigation system.
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4. Side Yard Parking: Recreational vehicle parking in side yards shall be allowed only
when topographical factors, the existence of mature trees, or the existence of properly
permitted and constructed structures prohibit access to the rear yard. The existence of
a fence or other structure that is not part of a building shall not constitute a lack of
rear yard access. Any recreational vehicle parking area in a side yard shall:
a. Be on a hard surface compliant with the Off Street Parking StandardsManual;
b. Be accessed via a driveway compliant with driveway standards of this chapter;
c. Not obstruct access to other required parking for the use.
21A.44.070: OFF STREET LOADING AREAS:
A. Number and Size of Loading Areas Required:
1. Unless otherwise specified, a required off street loading berth shall be at least ten feet
(10’) in width by at least thirty-five feet (35’) in length for short berths, and twelve
feet (12’) in width by at least fifty feet (50’) in length for long berths, exclusive of
aisle and maneuvering space. Maneuvering aprons of appropriate width and
orientation shall be provided and shall be subject to approval by the transportation
director.
2. All loading areas shall have a vertical clearance of at least fourteen feet (14’).
3. Off street loading facilities for new developments or for expansion of an existing
development shall be provided at the rate specified for a particular use, or if multiple
uses, at the rate of the uses combined, in Table 21A.44.070-A, “Off Street Loading
Requirements”. Regardless of the combination of uses, all buildings with a gross floor
area over 50,000 square feet shall have a minimum of 1 short berth.
TABLE 21A.44.070-A: OFF STREET LOADING REQUIREMENTS:
Use Gross Floor Area
(Square Feet)
Number and
Size of Berths
Hotels, Institutions, and
Institutional Living
50,000 - 100,000 1 short
Each additional 100,000 1 short
50,000 - 100,000 1 short
102
Office/Commercial
Each additional 100,000 up to
500,000
1 short
Retail 50,000 - 100,000 1 long
Each additional 100,000 1 long
Industrial
25,001 - 50,000 1 long
50,001 - 100,000 2 long
Each additional 100,000 1 long
Multi- Family Residential
# of Dwelling Units
(Per Building)
Number and
Size of Berths
40-150 1 short
151-300 2 short
Greater than 300 1 additional short
per 200 units
B. Location and Design of Loading Areas:
1. All required loading berths shall be located on the same development site as the use(s)
served.
2. No loading berth shall be located within thirty feet (30’) of the nearest point of
intersection of any two (2) streets.
3. No loading berth shall be located in a required front yard.
4. Each required loading berth shall be located and designed to:
a. Allow all required vehicle maneuvering and backing movements on-site;
b. Minimize conflicts with pedestrian, bicycle, and traffic movement or
encroachments into any pedestrian walkway, bicycle lane, public right-of-way,
and fire lane; and
c. Avoid the need to back into a public street while leaving the site to the maximum
extent practicable, as determined by the planning director and the transportation
director.
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5. Landscaping and screening of all loading berths shall be provided to comply with the
requirements of Chapter 21A.48, “Landscaping and Buffers”.
6. Where a loading berth is illuminated, the light source shall be shielded so that the
light source is not directly visible from any abutting property or abutting private or
publicstreet.
7. All signs in loading areas shall comply with Chapter 21A.46, “Signs”, and applicable
provisions of the Manual on Uniform Traffic Control Devices.
8. All required loading berths shall comply with the surfacing standards of the OffStreet
Parking Standards Manual.
21A.44.080: DRIVE-THROUGH FACILITIES AND VEHICLE STACKING AREAS:
A. Number of Stacking Spaces Required: The following standards apply for all uses with
vehicle stacking and/or drive-through facilities.
1. All uses with drive-through facilities shall provide the minimum number of on-site
stacking spaces indicated in Table 21A.44.080-A, “Required Vehicle Stacking
Spaces”.
TABLE 21A.44.080-A: REQUIRED VEHICLE STACKING SPACES:
Use
General
Context
Neighborhood
Center
Context
Urban
Center
Context
Transit
Context
All zoning
districts not
listed in
another
context area
RB, SNB, CB,
CN, R-MU-35,
R-MU-45, SR-
3, FB-UN1,
FB- SE
D-2, MU,
TSA-T,
CSHBD1,
CSHBD2
D-1, D-3, D-4,
G-MU, TSA-
C, UI, FB-
UN2, FB-
UN3, FB-SC,
R-MU
Car Wash, Self-Service 3 spaces per bay or stall 2 spaces per bay or stall
Car Wash, Automated 4 spaces per lane or stall 3 spaces per lane or stall
Food and Beverage Service Uses 5 spaces per service lane 4 spaces per service lane
Other Uses 3 spaces per service lane 3 spaces per service lane
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B. Location and Design of Drive-Through Facilities:
1. In zoning districts where uses with drive-through facilities are allowed and
where no front or corner side yard setback is required, the drive-through lanes
shall not be located between the front or corner side lot line and any walls of the
principal building.
2. Drive-through lanes shall be arranged to avoid conflicts with site access points,
access to parking or loading spaces, and internal circulation routes, to the
maximum extent practicable.
3. In the General Context zoning districts, a by-pass lane, driveway, or other
circulation area around a drive-through facility stacking lane shall be
provided for all uses other than automated car washes. financial institutions
and restaurant/retail uses.
4. All required stacking spaces shall measure nine (9) feet by twenty (20)
feet and shall be counted from the point of service, or final service
window.
5. Air quality: Drive through facilities shall post idle-free signs pursuant to
Chapter 12.58 of this code.
6. When a drive through use adjoins any residential use or any residential
zoning district, a minimum six foot (6’) high masonry wall shall be erected
and maintained along such property line.
7. Drive through facility will not result in adverse impacts upon the vicinity after
giving consideration to the hours of operation, noise and light generation,
traffic circulation, and the site plan.
21A.44.090: MODIFICATIONS TO PARKING AREAS:
Applicants requesting development permits or approvals may request adjustments to
the standards and requirements in this Chapter 21A.44, “Off Street Parking,
Mobility, and Loading“, and the city may approve adjustments to those standards, as
described below.
A. Administrative Modifications: The planning director or transportation director may
approve the following types of modifications without requiring approval of a
special exception, provided that the director determines that the adjustment will not
create adverse impacts on pedestrian, bicycle, or vehicle safety and that the
adjustment is required to accommodate an unusual site feature (such as shape,
topography, utilities, or access point constraints) and that the need for the
adjustment has not been created by the actions of the applicant.
105
1. Modification to dimensions or geometries of parking, loading, or stacking
space, aisles, or maneuvering areas otherwise required by this chapter, other
city regulations, or the Off Street Parking Standards Manual; provided that
those modifications are consistent with federal and state laws regarding
persons with disabilities, including but not limited to the Americans with
Disabilities Act.
2. Modifications to bicycle parking or loading berth location or design standards.
B. Special Exceptions: The following types of exceptions may be approved through
the Special Exception process in Section 21A.52.040, provided that the
application meets the criteria for approval of a Special Exception in Section
21A.52.060 in addition to the standards provided in this section.
1. Exceptions Permitted:
a. Front Yard Parking Exception: For any zoning district, if front yard
parking is prohibited in Table 21A.44.060-A, “Parking Location and
Setback Requirements”, it may be allowed if all of the following
conditions are met:
(1) The rear or side yards cannot be reasonably accessed by vehicles, specifically:
(a) Clearance for a driveway could not be provided in the side yard on
either side of the building that is free from obstructions that cannot
reasonably be avoided, such as utilities, window-wells, a specimen
tree, a direct elevation change of three feet (3’) or greater, or
retaining walls three feet (3’) high or greater; and
(b) There is not a right-of-way or alley adjacent to the
property with established rights for access, where:
a. The travel distance to the property line is less than one hundred
feet (100’) from an improved street and the right-of-way or alley
has at least a minimum twelve foot (12’) clearance that is, or
could be paved; or
b. The travel distance to the property line is more than one
hundred feet (100’) from an improved street and the right-of-
way or alley has an existing minimum twelve foot (12’) wide
paved surface.
(2) It is not feasible to build an attached garage that conforms to yard
area and setback requirements;
(3) Parking is limited to an area that is surfaced in compliance with the Off
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Street Parking Standards Manual;
(4) The parking area is limited to nine feet (9’) wide by twenty feet (20’)deep;
(5) Vehicles using the parking area will not project across any sidewalk or
into the public right-of-way; and
(6) Parking is restricted to passenger vehicles only.
b. Vehicle and Equipment Storage Surfacing Exception: Vehicle and
equipment storage without hard surfacing may be permitted in the CG, M-
1, M-2 and EI zoning districts provided that:
(1) The lot is used for long-term vehicle storage, not for regular parking
and/or maneuvering;
(2) The vehicles or equipment stored are large and/or are built on tracks
that could destroy normal hard surfacing;
(3) The parking surface is compacted with six inches (6”) of road base
and other semi-hard material with long lasting dust control chemical
applied annually;
(4) A hard-surfaced cleaning station is installed to prevent tracking of
mud and sand onto the public right-of-way; and
(5) Any vehicles or equipment that contain oil are stored with pans,
drains, or other means to ensure that any leaking oil will not enter
the soil.
21A.44.100: USE AND MAINTENANCE:
A. Use of Parking Areas: Except as otherwise provided in this section, required off street
parking facilities provided for uses listed in Table 21A.44.040-A, “Minimum and
Maximum Off Street Parking” shall be solely for the parking of automobiles or
authorized temporary uses.
B. Maintenance:
1. Space allocated to any off street loading berth or related access or maneuvering
area shallnot be used to satisfy the parking space requirements for any off street
parking.
2. Except in the M-1, M-2, CG, and D districts, no cleaning or maintenance of
loading areas using motorized equipment may be performed between ten
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o’clock (10:00) P.M. andseven o’clock (7:00) A.M. each day, except for
snow removal.
21A.44.110: NONCONFORMING PARKING AND LOADING FACILITIES:
Nonconforming parking and loading facilities shall be subject to the standards
established in Chapter 21A.38, “Nonconforming Uses and Noncomplying Structures”,
and the criteria established in this section.
A. Continuation of Nonconforming Parking and Loading Facilities: Any parking
spaces, loading facilities, or access to public rights-of-way that were lawfully
existing or created prior to the effective date of this ordinance, but that have since
become nonconforming with the provisions of this chapter through the actions of
the city or any governmental entity, shall be allowed to continue, but any
expansion of the use or structure, or change of use, after the adoption date of this
ordinance shall comply with the provisions of this Chapter 21A.44, “Off Street
Parking, Mobility, and Loading“.
B. Nonconformity Due to Governmental Acquisition: Where a lot, tract, or parcel is
occupied by a lawful structure or use, and where the acquisition of right-of-way by
eminent domain, dedication, or purchase by a city, county, state, or federal agency
creates noncompliance of the parking, loading, or drive-through facilities with any
requirement of this chapter, the parking, loading, or drive-through facility shall be
deemed lawful and conforming. This designation shall apply only to
noncompliance resulting directly from the acquisition of right-of-way.
C. Damage or Destruction: Reconstruction, reestablishment, or repair of any
nonconforming parking, loading, or drive- through area involuntarily damaged or
destroyed by fire, collapse, explosion or other natural cause is not required to
comply with the standards of this chapter. The parking and loading facilities may
be restored or continued as they existed prior to the damage or destruction, or in a
manner that reduces any nonconformity that existed prior to the damage or
destruction.
D. Legalization of Garages Converted to Residential Use: Garages attached to
single-family and two-family residential structures converted to residential
uses before April 12, 1995, and any associated front yard parking, may be
legalized by complying with the following requirements:
1. The property owner shall obtain a building permit for all building
modifications associated with converting the garage to residential use and the
city shall inspect the conversion for substantial compliance with adopted life
safety regulations.
2. The driveway leading to the converted garage shall not be removed without
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replacing the same number of parking spaces (up to the minimum required
by this chapter) in alocation authorized by this chapter.
3. Parking on the driveway in the front yard is restricted to passenger vehicles only.
SECTION 24. Amending the text of Salt Lake City Code Section 21A.52.030. That
Section 21A.52.030 of the Salt Lake City Code (Zoning: Special Exceptions: Special Exceptions
Authorized) shall be, and hereby is amended to read as follows:
21A.52.030: SPECIAL EXCEPTIONS AUTHORIZED:
A. In addition to any other special exceptions authorized elsewhere in this title, the
following special exceptions are authorized under the provisions of this title:
1. Accessory building height, including wall height, in excess of the permitted height
provided:
a. The extra height is for architectural purposes only, such as a steep roof to match
existing primary structure or neighborhood character.
b. The extra height is to be used for storage of household goods or truss webbing
and not to create a second level.
c. No windows are located in the roof or on the second level unless it is a design
feature only.
d. No commercial use is made of the structure or residential use unless it complies
with the accessory dwelling unit regulations in this title.
2. Accessory structures in the front yard of double frontage lots, which do not have any
rear yard provided:
a. The required sight visibility triangle shall be maintained at all times.
b. The structure meets all other size and height limits governed by the zoning
ordinance.
3. Additional height for fences, walls or similar structures may be granted to exceed the
height limits established for fences and walls in Chapter 21A.40 of this title if it is
determined that there will be no negative impacts upon the established character of
the affected neighborhood and streetscape, maintenance of public and private views,
and matters of public safety. Approval of fences, walls and other similar structures
109
may be granted under the following circumstances subject to compliance with other
applicable requirements:
a. Exceeding the allowable height limits; provided, that the fence, wall or structure
is constructed of wrought iron, tubular steel or other similar material, and that the
open, spatial and nonstructural area of the fence, wall or other similar structure
constitutes at least eighty percent (80%) of its total area;
b. Exceeding the allowable height limits on any corner lot; unless the city’s traffic
engineer determines that permitting the additional height would cause an unsafe
traffic condition;
c. Incorporation of ornamental features or architectural embellishments which
extend above the allowable height limits;
d. Exceeding the allowable height limits, when erected around schools and approved
recreational uses which require special height considerations;
e. Exceeding the allowable height limits, in cases where it is determined that a
negative impact occurs because of levels of noise, pollution, light or other
encroachments on the rights to privacy, safety, security and aesthetics;
f. Keeping within the character of the neighborhood and urban design of the city;
g. Avoiding a walled-in effect in the front yard of any property in a residential
district where the clear character of the neighborhood in front yard areas is one of
open spaces from property to property; or
h. Posing a safety hazard when there is a driveway on the petitioner’s property or
neighbor’s property adjacent to the proposed fence, wall or similar structure.
4. Additional building height in commercial districts are subject to the standards in
Chapter 21A.26 of this title.
5. Additional foothills building height, including wall height, shall comply with the
standards in Chapter 21A.24 of this title.
6. Additional residential building height, including wall height, in the R-1 districts, R-2
districts and SR districts shall comply with the standards in Chapter 21A.24 of this
title.
7. Barbed wire fences may be approved subject to the regulations of Chapter 21A.40 of
this title.
8. Conditional home occupations subject to the regulations and conditions of Chapter
21A.36 of this title.
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9. Dividing existing lots containing two (2) or more separate residential structures into
separate lots that would not meet lot size, frontage width or setbacks provided:
a. The residential structures for the proposed lot split already exist and were
constructed legally.
b. The planning director agrees and is willing to approve a subdivision application.
c. Required parking equal to the parking requirement that existed at the time that
each dwelling unit was constructed.
10. Use of the front yard for required parking when the rear or side yards cannot be
accessed and it is not feasible to build an attached garage that conforms to yard area
and setback requirements, subject to the standards found in Chapter 21A.44 of this
title.
11. Grade changes and retaining walls are subject to the regulations and standards of
Chapter 21A.36 of this title.
12. Ground mounted central air conditioning compressors or systems, heating,
ventilating, pool and filtering equipment located in required side and rear yards
within four feet (4’) of the property line. The mechanical equipment shall comply
with applicable Salt Lake County Health Department noise standards.
13. Hobby shop, art studio, exercise room or a dressing room adjacent to a swimming
pool, or other similar uses in an accessory structure, subject to the following
conditions:
a. The height of the accessory structure shall not exceed the height limit established
by the underlying zoning district unless a special exception allowing additional
height is allowed.
b. If an accessory building is located within ten feet (10’) of a property line, no
windows shall be allowed in the walls adjacent to the property lines.
c. If the accessory building is detached, it must be located in the rear yard.
d. The total covered area for an accessory building shall not exceed fifty percent
(50%) of the building footprint of the principal structure, subject to all accessory
building size limitations.
14. In line additions to existing residential or commercial buildings, which are
noncomplying as to yard area or height regulations provided:
a. The addition follows the existing building line and does not create any new
noncompliance.
111
b. No additional dwelling units are added to the structure.
c. The addition is a legitimate architectural addition with rooflines and exterior
materials designed to be compatible with the original structure.
15. Operation of registered home daycare or registered home preschool facility in
residential districts subject to the standards of Chapter 21A.36 of this title.
16. Outdoor dining in required front, rear and side yards subject to the regulations and
standards of Chapter 21A.40 of this title.
17. Razor wire fencing may be approved subject to the regulations and standards in
Chapter 21A.40 of this title.
18. Replacement or reconstruction of any existing noncomplying segment of a residential
or commercial structure or full replacement of a noncomplying accessory structure
provided:
a. The owner documents that the new construction does not encroach farther into
any required rear yard than the structure being replaced.
b. The addition or replacement is compatible in design, size and architectural style
with the remaining or previous structure.
19. Underground building encroachments into the front, side, rear and corner side yard
setbacks provided the addition is totally underground and there is no visual evidence
that such an encroachment exists.
20. Window mounted refrigerated air conditioner and evaporative swamp coolers located
in required front, corner, side and rear yards within two feet (2’) of a property line
shall comply with applicable Salt Lake County Health Department noise standards.
21. Vehicle and equipment storage without hard surfacing in the CG, M-1, M-2 or EI
districts, subject to the standards in Chapter 21A.44 of this title.
22. Ground mounted utility boxes may be approved subject to the regulations and
standards of Section 21A.40.160 of this title.
23. Legalization of excess dwelling units may be granted subject to the following
requirements and standards:
a. Purpose: The purpose of this subsection is to implement the existing Salt Lake
City community housing plan. This plan emphasizes maintaining existing housing
stock in a safe manner that contributes to the vitality and sustainability of
neighborhoods within the city. This subsection provides a process that gives
owners of property with one or more excess dwelling units not recognized by the
112
city an opportunity to legalize such units based on the standards set forth in this
subsection.
b. Review Standards: A dwelling unit that is proposed to be legalized pursuant to
this subsection shall comply with the following standards.
(1) The dwelling unit existed prior to April 12, 1995. In order to determine
whether a dwelling unit was in existence prior to April 12, 1995, the unit
owner shall provide documentation thereof which may include any of the
following:
(A) Copies of lease or rental agreements, lease or rent payments, or other
similar documentation showing a transaction between the unit owner and
tenants;
(B) Evidence indicating that prior to April 12, 1995, the city issued a building
permit, business license, zoning certificate, or other permit relating to the
dwelling unit in question;
(C) Utility records indicating existence of a dwelling unit;
(D) Historic surveys recognized by the planning director as being performed
by a trained professional in historic preservation;
(E) Notarized affidavits from a previous owner, tenant, or neighbor;
(F) Polk, Cole, or phone directories that indicate existence of the dwelling unit
(but not necessarily that the unit was occupied); and
(G) Any other documentation that the owner is willing to place into a public
record which indicates the existence of the excess unit prior to April 12,
1995.
(2) The excess unit has been maintained as a separate dwelling unit since April
12, 1995. In order to determine if a unit has been maintained as a separate
dwelling unit, the following may be considered:
(A) Evidence listed in Subsection A.24.b(1) of this section indicates that the
unit has been occupied at least once every five (5) calendar years;
(B) Evidence that the unit was marketed for occupancy if the unit was
unoccupied for more than five (5) consecutive years;
(C) If evidence of maintaining a separate dwelling unit as required by
Subsections A.24.b(2)(A) and A.24.b(2)(B) of this section cannot be
established, documentation of construction upgrades may be provided in
lieu thereof.
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(D) Any documentation that the owner is willing to place into a public record
which provides evidence that the unit was referenced as a separate
dwelling unit at least once every five (5) years.
(3) The property where the dwelling unit is located:
(A) Can accommodate on site parking as required by this title, or
(B) Is located within a one-fourth (
1/4) mile radius of a fixed rail transit stop or
bus stop in service at the time of legalization.
(4) Any active zoning violations occurring on the property must be resolved
except for those related to excess units.
c. Conditions of Approval: Any approved unit legalization shall be subject to the
following conditions:
(1) The unit owner shall apply for a business license, when required, within
fourteen (14) days of special exception approval.
(2) The unit owner shall allow the city’s building official or designee to inspect
the dwelling unit to determine whether the unit substantially complies with
basic life safety requirements as provided in Title 18, Chapter 18.50, “Existing
Residential Housing”, of this code. Such inspection shall occur within ninety
(90) days of special exception approval or as mutually agreed by the unit
owner and the city.
(3) All required corrections indicated during the inspection process must be
completed within one year unless granted an extension by the zoning
administrator.
d. Application: In addition to the application requirements in this chapter, an
applicant shall submit documentation showing compliance with the standards set
forth in Subsection A.24.b of this section.
24. Designation, modification, relocation, or reinstatement of a vintage sign as per
Chapter 21A.46 of this title.
25. Additional height for sports related light poles such as light poles for ballparks,
stadiums, soccer fields, golf driving ranges and sport fields or where sports lights are
located closer than thirty feet (30’) from adjacent residential structures.
114
SECTION 25. Amending the Text of Salt Lake City Code Section 21A.60.020. That Section
21A.60.020 of the Salt Lake City Code (Zoning: List of Terms: List of Defined Terms), shall be and
hereby is amended to read as follows:
21A.60.020: LIST OF DEFINED TERMS:
A-frame sign. See Chapter 21A.46 of this title.
Abutting.
Access taper.
Accessory building or structure.
Accessory lot.
Accessory structure.
Accessory use.
Accessory use (on accessory lot).
Adaptive reuse of a landmark building.
Administrative decision.
Agricultural use.
Air circulation system. See Section 21A.34.040 of this title.
Airport. See also Section 21A.34.040 of this title.
Airport elevation. See Section 21A.34.040 of this title.
Airport hazard. See Section 21A.34.040 of this title.
Airport master plan. See Section 21A.34.040 of this title.
Airport reference point. See Section 21A.34.040 of this title.
Alcohol, bar establishment.
Alcohol, bar establishment (indoor).
Alcohol, bar establishment (more than 2,500 square feet in floor area). See Alcohol, bar
establishment.
Alcohol, bar establishment (outdoor).
Alcohol, bar establishment (2,500 square feet or less in floor area). See Alcohol, bar
establishment.
Alcohol, brewpub.
Alcohol, brewpub (indoor).
Alcohol, brewpub (more than 2,500 square feet in floor area). See Alcohol, brewpub.
Alcohol, brewpub (outdoor).
Alcohol, brewpub (2,500 square feet or less in floor area). See Alcohol, brewpub.
Alcohol, distillery.
Alcohol, liquor store.
Alcohol related establishment.
Alcohol, tavern.
Alcohol, tavern (indoor).
Alcohol, tavern (more than 2,500 square feet in floor area). See Alcohol, tavern.
Alcohol, tavern (outdoor).
Alcohol, tavern (2,500 square feet or less in floor area). See Alcohol, tavern.
Alcohol, winery.
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Alley.
Alteration.
Alteration, sign. See Chapter 21A.46 of this title.
Alternative parking property.
Ambulance service.
Ambulance service (indoor).
Ambulance service (outdoor).
Amphitheater, formal.
Amphitheater, informal.
Amusement park.
Ancillary mechanical equipment.
Animal, cremation service.
Animal, kennel.
Animal, kennel on lots of five acres or larger.
Animal, pet cemetery.
Animal, pound.
Animal, raising of furbearing animals.
Animal rendering.
Animal, stable (private).
Animal, stable (public).
Animal, stockyard.
Animal, veterinary office.
Animated sign. See Chapter 21A.46 of this title.
Antenna.
Antenna, communication tower.
Antenna, communication tower, exceeding the maximum building height in the zone. See
Antenna, communication tower.
Antenna, low power radio service.
Antenna, low power radio service - monopole with antennas and antenna support structures
greater than two feet in width.
Antenna, low power radio service - monopole with antennas and antenna support structures
less than two feet in width.
Antenna, roof mounted.
Antenna, satellite dish.
Antenna, stealth.
Antenna, TV.
Antenna, wall mounted.
Antenna, whip.
Apartment.
Appeals Hearing Officer.
Aquatic resource.
Arcade.
Architecturally incompatible.
Art gallery.
Artisan food production.
Artists’ loft/studio.
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Auction (indoor).
Auction (outdoor).
Auditorium.
Automatic amusement device.
Automobile.
Awning. See Chapter 21A.46 of this title.
Awning sign. See Chapter 21A.46 of this title.
BMP.
Backflow preventer.
Backlit awning sign. See Chapter 21A.46 of this title.
Bakery, commercial.
Balloon. See Chapter 21A.46 of this title.
Banner, public event. See Chapter 21A.46 of this title.
Banner, secured. See Chapter 21A.46 of this title.
Banner, unsecured. See Chapter 21A.46 of this title.
Base zoning district.
Basement.
Bed and breakfast.
Bed and breakfast inn.
Bed and breakfast manor.
Bench sign. See Chapter 21A.46 of this title.
Best Management Practice (BMP) (applies only to Chapter 21A.48 of this title).
Billboard. See Subsection 21A.46.160.B of this title.
Billboard bank. See Subsection 21A.46.160.B of this title.
Billboard credit. See Subsection 21A.46.160.B of this title.
Billboard (outdoor advertising sign). See Chapter 21A.46 of this title.
Billboard owner. See Subsection 21A.46.160.B of this title.
Biodetention.
Blacksmith shop.
Block.
Block corner.
Block face.
Blood donation center.
Boarding house.
Botanical garden.
Bottling plant.
Brewery.
Buffer yard.
Buildable area.
Building.
Building, accessory.
Building connection.
Building coverage.
Building face. See Chapter 21A.46 of this title.
Building, front line of.
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Building height - in the FR-1, FR-2, FR-3, FP, R-1/5,000, R-1/7,000, R-1/12,000, R-2, SR-1
and SR-3 Districts.
Building height - outside FR, FP, R-1, R-2 and SR Districts.
Building line.
Building materials distribution.
Building official.
Building or house numbers sign. See Chapter 21A.46 of this title.
Building plaque sign. See Chapter 21A.46 of this title.
Building, principal.
Building, public.
Building security sign. See Chapter 21A.46 of this title.
Building sign. See Chapter 21A.46 of this title.
Bulk.
Bulk material storage.
Bus line station/terminal.
Bus line yard and repair facility.
Business.
Business, mobile.
Business park.
Caliper. See Subsection 21A.48.135.D of this title.
Canopy. See Chapter 21A.46 of this title.
Canopy, drive-through. See Chapter 21A.46 of this title.
Canopy, drive-through, sign. See Chapter 21A.46 of this title.
Canopy sign. See Chapter 21A.46 of this title.
Car pool.
Carshare.
Car wash.
Car wash as accessory use to gas station or convenience store that sells gas.
Carpet cleaning.
Carport.
Cemetery.
Certificate of appropriateness.
Certificate of occupancy.
Certificate, zoning.
Change of use.
Character Conservation District feasibility study.
Character defining features.
Charity dining hall.
Check cashing/payday loan business.
Chemical manufacturing and storage.
City Council.
City Forester.
Clearance (of a sign). See Chapter 21A.46 of this title.
Clinic (medical/dental).
Cold frame.
Commercial Districts.
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Commercial food preparation.
Commercial service establishment.
Commercial vehicle.
Commercial video arcade.
Common areas, space and facilities.
Communication tower.
Community correctional facility.
Community correctional facility, large.
Community correctional facility, small.
Community garden.
Community recreation center.
Compatibility.
Compatible design.
Compatible land use.
Complete demolition.
Composting.
Concept development plan.
Concrete and/or asphalt manufacturing.
Conditional use.
Condominium - condominium project and condominium unit.
Condominium Ownership Act of 1975. See title 20, cChapter 20.56 of this Code.
Condominium Ownership Act of 1975 or Act.
Condominium unit.
Consensus.
Construction period.
Construction sign. See Chapter 21A.46 of this title.
Contractor’s yard/office.
Convent/monastery.
Convention center.
Conversion.
Corner building.
Corner lot.
Corner side yard.
Crematorium.
Critical root zone.
dbh. See Subsection 21A.48.135.D of this title.
Daycare.
Daycare center, adult.
Daycare center, child.
Daycare, nonregistered home.
Daycare, registered home daycare or preschool.
Decibel.
Dental laboratory/research facility.
Design capacity.
Design review.
Development.
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Development entry sign. See Chapter 21A.46 of this title.
Development pattern.
Diameter at breast height. See Subsection 21A.48.135.D of this title.
Directional or informational sign (private). See Chapter 21A.46 of this title.
Directory sign. See Chapter 21A.46 of this title.
Disabled.
District plan and design standards.
Dormer.
Drive-through facility.
Drop forge industry.
Dwell time. See Subsection 21A.46.160.B of this title.
Dwelling.
Dwelling, accessory guest and servants’ quarters.
Dwelling, accessory unit.
Dwelling, assisted living facility (large).
Dwelling, assisted living facility (limited capacity).
Dwelling, assisted living facility (small).
Dwelling, fraternity, sorority.
Dwelling, group home (large).
Dwelling, group home (small).
Dwelling, group home (small), when located above or below first story office, retail, or
commercial use, or on the first story where the unit is not located adjacent to street
frontage. See Dwelling, group home (small).
Dwelling, living quarters for caretaker or security guard.
Dwelling, living quarters for caretaker or security guard, limited to uses on lots one acre in
size or larger and accessory to a principal use allowed by the zoning district. See
Dwelling, living quarters for caretaker or security guard.
Dwelling, manufactured home.
Dwelling, mobile home.
Dwelling, modular home.
Dwelling, multi-family.
Dwelling, residential support (large).
Dwelling, residential support (small).
Dwelling, rooming (boarding) house.
Dwelling, single-family.
Dwelling, single-family attached.
Dwelling, single room occupancy.
Dwelling, twin home and two-family.
Dwelling, two-family.
Dwelling unit.
ET or ETo.
ETAF.
Ecological restoration project.
Electronic billboard. See Subsection 21A.46.160.B of this title.
Electronic changeable copy sign. See Chapter 21A.46 of this title.
Electronic sign. See Subsection 21A.46.160.B of this title.
120
Eleemosynary facility.
Elevation area.
Elevation area, first floor.
Emergency medical service facility.
End of life care.
Equipment rental (indoor and/or outdoor).
Equipment rental, sales, and service, heavy.
Evapotranspiration (ET) rate.
Evergreen.
Excess dwelling units.
Exhibition hall.
Existing billboard. See Subsection 21A.46.160.B of this title.
Existing/established subdivision.
Explosive manufacturing and storage.
Externally illuminated sign. See Chapter 21A.46 of this title.
Extractive industry.
FAA. See Section 21A.34.040 of this title.
Fairground.
Family.
Farmers’ market.
Fee schedule.
Fence.
Fence, electric security.
Fence, opaque or solid.
Fence, open.
Financial institution.
Financial institution, with drive-through facility.
Fixed dimensional standards.
Flag, corporate. See Chapter 21A.46 of this title.
Flag lot.
Flag, official. See Chapter 21A.46 of this title.
Flag, pennant. See Chapter 21A.46 of this title.
Flammable liquids or gases, heating fuel distribution and storage.
Flat sign. See Chapter 21A.46 of this title.
Flea market (indoor).
Flea market (outdoor).
Floor.
Floor area, gross.
Floor area, usable.
Food processing.
Foot-candle. See Subsection 21A.46.160.B of this title.
Freestanding sign. See Chapter 21A.46 of this title.
Front yard. See Yard, front.
Fuel center.
Fugitive dust.
Funeral home or mortuary.
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Garage.
Garage, attached.
Garage/yard sale sign. See Chapter 21A.46 of this title.
Gas price sign. See Chapter 21A.46 of this title.
Gas pump sign. See Chapter 21A.46 of this title.
Gas station.
Gateway. See Subsection 21A.46.160.B of this title.
General Plan.
Golf course.
Government facility requiring special design features for security purposes.
Government office.
Government sign. See Chapter 21A.46 of this title.
Governmental facility.
Grade, established.
Grade, finished.
Grade, natural.
Grain elevator.
Greenhouse.
Gross floor area.
Ground cover.
Guest.
Hard surfaced.
Hazardous waste processing or storage.
Health and fitness facility.
Health hazard.
Heavy manufacturing.
Height. See Section 21A.34.040 of this title.
Height, exterior wall.
Height (of a sign). See Chapter 21A.46 of this title.
Height, sign face. See Chapter 21A.46 of this title.
Heliport.
Heliport, accessory. See Heliport.
Historic buildings or sites.
Historic Landmark Commission.
Historic site.
Historical marker. See Chapter 21A.46 of this title.
Home occupation.
Homeless resource center.
Homeless shelter.
Hoop house.
Hospice.
Hospital, including accessory lodging facility.
Hotel/motel.
House museum in landmark site.
Hunting club, duck.
Hydrozones.
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Illegal sign. See Chapter 21A.46 of this title.
Illuminance. See Subsection 21A.46.160.B of this title.
Impact mitigation report.
Impact statement.
Impound lot.
Incinerator, medical waste/hazardous waste.
Incompatible use. See Section 21A.34.040 of this title.
Industrial assembly.
Infill.
Inland port.
Inland port land use application.
Inland port use.
Institution.
Interior side yard.
Interior sign. See Chapter 21A.46 of this title.
Intermodal transit passenger hub.
Internally illuminated sign. See Chapter 21A.46 of this title.
Interpretation.
Interpretation, use.
Irrigation audit.
Jail.
Jewelry fabrication.
Kiosk. See Chapter 21A.46 of this title.
Laboratory, medical, dental, optical.
Laboratory, testing.
Land use.
Land Use Appeal Authority.
Land use applicant.
Land use application.
Land Use Authority.
Land use type (similar land use type).
Landfill.
Landfill, commercial.
Landfill, construction debris.
Landfill, end use plan.
Landfill, Municipal.
Landmark site.
Landscape area.
Landscape BMPs manual.
Landscape buffer.
Landscape plan.
Landscape yard.
Landscaping.
Lattice tower.
Laundry, commercial.
Legal conforming.
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Letter sign. See Chapter 21A.46 of this title.
Library.
Light manufacturing.
Limousine service.
Limousine service (large).
Limousine service (small).
Locally grown.
Lodging house.
Logo. See Chapter 21A.46 of this title.
Lot.
Lot area.
Lot area, net.
Lot assemblage.
Lot, corner.
Lot depth.
Lot, flag.
Lot, interior.
Lot line, corner side.
Lot line, front.
Lot line, interior side.
Lot line, rear.
Lot width.
Low volume irrigation.
Major streets.
Manufactured home.
Manufactured/mobile home sales and service.
Manufacturing, heavy.
Manufacturing, light.
Marquee. See Chapter 21A.46 of this title.
Marquee sign. See Chapter 21A.46 of this title.
Master plan.
Maximum extent practicable. See Subsection 21A.48.135.D of this title.
Meeting hall of membership organization.
Memorial sign. See Chapter 21A.46 of this title.
Mid block area.
Mixed use development.
Mobile food business.
Mobile food court.
Mobile food trailer.
Mobile food truck.
Monument sign. See Chapter 21A.46 of this title.
Motel/hotel.
Motion. See Subsection 21A.46.160.B of this title.
Mulch.
Municipal service uses, including City utility uses and police and fire stations.
Museum.
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Nameplate sign. See Chapter 21A.46 of this title.
Natural open space.
Natural resource.
Neighborhood identification sign. See Chapter 21A.46 of this title.
Neon public parking sign. See Chapter 21A.46 of this title.
New billboard. See Subsection 21A.46.160.B of this title.
New construction.
New development sign. See Chapter 21A.46 of this title.
Noncomplying lot.
Noncomplying structure.
Nonconforming billboard. See Subsection 21A.46.160.B of this title.
Nonconforming sign. See Chapter 21A.46 of this title.
Nonconforming use. See also Section 21A.34.040 of this title.
Nonconformity.
Nonprecision instrument runway. See Section 21A.34.040 of this title.
Nursing care facility.
Oasis.
Obstruction.
Off premises sign. See Chapter 21A.46 of this title.
Off-site.
Off street parking.
Office.
Office, accessory use supporting an institutional use.
Office and/or reception center in landmark site.
Office, excluding medical and dental clinic and office.
Office, publishing company.
Office, research related.
Office, single practitioner medical, dental, and health.
On premises sign. See Chapter 21A.46 of this title.
Open air mall. See Chapter 21A.46 of this title.
Open space.
Open space area.
Open space on lots less than four acres in size.
Outdoor advertising sign. See Chapter 21A.46 of this title.
Outdoor dining.
Outdoor television monitor.
Overlay district.
Overspray.
Owner occupant.
Package delivery facility.
Paint manufacturing.
Parcel.
Park.
Park and ride lot.
Park banner sign. See Chapter 21A.46 of this title.
Park strip.
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Park strip landscaping.
Parking, commercial.
Parking facility, shared.
Parking garage.
Parking garage, automated.
Parking, intensified reuse.
Parking, leased.
Parking, leased - alternative parking.
Parking lot.
Parking, off-site.
Parking, shared.
Parking space.
Parking study.
Parking study - alternative parking.
Parking, tandem.
Parking, unbundled.
Patio.
Pedestrian connection.
Perennial.
Performance standards.
Performing arts production facility.
Person. See also Section 21A.34.040 of this title.
Persons with disabilities.
Philanthropic use.
Pitched roof.
Place of worship.
Place of worship on lot less than four acres in size.
Planned development.
Planning commission.
Planning director.
Planting season.
Plaza.
Pole sign. See Chapter 21A.46 of this title.
Political sign. See Chapter 21A.46 of this title.
Portable sign. See Chapter 21A.46 of this title.
Poultry farm or processing plant.
Precision instrument runway. See Section 21A.34.040 of this title.
Premises. See Chapter 21A.46 of this title.
Prepared food, takeout.
Primary entrance.
Primary surface. See Section 21A.34.040 of this title.
Printing plant.
Projecting building sign. See Chapter 21A.46 of this title.
Projecting business storefront sign. See Chapter 21A.46 of this title.
Projecting parking entry sign. See Chapter 21A.46 of this title.
Public safety sign. See Chapter 21A.46 of this title.
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Public transportation, employer sponsored.
Quality of life.
Radio, television station.
Railroad, freight terminal facility.
Railroad, passenger station.
Railroad, repair shop.
Rainwater harvesting.
Real estate sign. See Chapter 21A.46 of this title.
Rear yard.
Reception center.
Record of survey map.
Recreation (indoor).
Recreation (outdoor).
Recreation vehicle park.
Recreational (playground) equipment.
Recycling collection station.
Recycling container.
Recycling processing center (indoor).
Recycling processing center (outdoor).
Refinery, petroleum products.
Relocatable office building.
Research and development facility.
Research facility, medical.
Research facility, medical/dental.
Residential districts.
Residential structure.
Restaurant.
Restaurant, with drive-through facility.
Restaurant, with or without drive-through facility.
Retail goods establishment.
Retail goods establishment, plant and garden shop with outdoor retail sales area.
Retail goods establishment, with drive-through facility.
Retail goods establishment, with or without drive-through facility.
Retail, sales and service accessory use when located within a principal building.
Retail, sales and service accessory use when located within a principal building and operated
primarily for the convenience of employees.
Retail service establishment.
Retail service establishment, electronic repair shop.
Retail service establishment, furniture repair shop.
Retail service establishment, upholstery shop.
Retail service establishment, with drive-through facility.
Retaining wall.
Reuse water.
Reverse vending machine.
Rock, sand and gravel storage and distribution.
Roof sign. See Chapter 21A.46 of this title.
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Runway. See Section 21A.34.040 of this title.
Sales and display (outdoor).
Salt Lake City landscape BMPs for water resource efficiency and protection.
Salt Lake City plant list and hydrozone schedule.
School, college or university.
School, K - 12 private.
School, K - 12 public.
School, medical/nursing.
School, music conservatory.
School, professional and vocational.
School, professional and vocational (with outdoor activities).
School, professional and vocational (without outdoor activities).
School, seminary and religious institute.
Schools, public or private.
Seasonal farm stand.
Seasonal item sales.
Setback.
Sexually oriented business.
Shopping center.
Shopping center identification sign. See Chapter 21A.46 of this title.
Shopping center pad site.
Side yard.
Sight distance triangle.
Sign. See Chapter 21A.46 of this title.
Sign face. See Chapter 21A.46 of this title.
Sign face area. See Chapter 21A.46 of this title.
Sign graphics. See Chapter 21A.46 of this title.
Sign maintenance. See Chapter 21A.46 of this title.
Sign master plan agreement. See Chapter 21A.46 of this title.
Sign painting/fabrication.
Sign painting/fabrication (indoor).
Sign structure or support. See Chapter 21A.46 of this title.
Single-family dwelling.
Site development permit.
Site plan.
Sketch plan review.
Slaughterhouse.
Sludge.
Small brewery.
Smoke or smoking.
Snipe sign. See Chapter 21A.46 of this title.
Snow cone and shaved ice hut.
Social service mission.
Social service mission and charity dining hall.
Soil amendment.
Solar array.
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Solar energy collection system, small.
Sound attenuation. See Section 21A.34.040 of this title.
Special event sign. See Chapter 21A.46 of this title.
Special gateway. See Subsection 21A.46.160.B of this title.
Special purpose districts.
Specimen tree. See Subsection 21A.48.135.D of this title.
Spot zoning.
Stabilizing.
Stable.
Stadium. See also Chapter 21A.46 of this title.
Storage, accessory (outdoor).
Storage and display (outdoor).
Storage (outdoor).
Storage, public (outdoor).
Storage, self.
Store, convenience.
Store, conventional department.
Store, fashion oriented department.
Store, mass merchandising.
Store, pawnshop.
Store, specialty.
Store, specialty fashion department.
Store, superstore and hypermarket.
Store, warehouse club.
Storefront. See Chapter 21A.46 of this title.
Story (floor).
Story, half.
Street.
Street frontage.
Street trees.
Streetscape.
Structural alteration.
Structural soil.
Structure. See also Section 21A.34.040 of this title.
Structure, accessory.
Studio, art.
Studio, motion picture.
Subdivision.
TV antenna.
Taxicab facility.
Temporarily irrigated area.
Temporary embellishment. See Subsection 21A.46.160.B of this title.
Temporary sign. See Chapter 21A.46 of this title.
Temporary use.
Theater, live performance.
Theater, live performance or movie.
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Theater, movie.
Tier 2 water target.
Tire distribution retail/wholesale.
Transportation terminal, including bus, rail and trucking.
Treasured landscape.
Tree. See Section 21A.34.040 of this title.
Tree protection fencing. See Subsection 21A.48.135.D of this title.
Tree protection zone. See Subsection 21A.48.135.D of this title.
Trellis.
Truck freight terminal.
Truck stop.
Trucking, repair, storage, etc., associated with extractive industries.
Turf.
Twirl time. See Subsection 21A.46.160.B of this title.
Two-family dwelling.
Undevelopable area.
Unique residential population.
Unit.
Unit legalization, implied permit.
Unit legalization permit.
Unit legalization, substantial compliance with Life and Safety Codes.
Urban agriculture.
Urban farm.
Use, principal.
Use, unique nonresidential.
Used or occupied.
Utility, building or structure.
Utility, electric generation facility.
Utility runway. See Section 21A.34.040 of this title.
Utility, sewage treatment plant.
Utility, solid waste transfer station.
Utility, transmission wire, line, pipe or pole.
Vacant lot.
Vanpool.
Vanpool, employer sponsored.
Variance.
Vegetation.
Vehicle.
Vehicle, auction.
Vehicle, automobile and truck repair.
Vehicle, automobile and truck sales and rental (including large truck).
Vehicle, automobile part sales.
Vehicle, automobile rental agency.
Vehicle, automobile repair, major.
Vehicle, automobile repair, minor.
Vehicle, automobile sales/rental and service.
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Vehicle, automobile sales/rental and service (indoor).
Vehicle, automobile salvage and recycling (indoor).
Vehicle, automobile salvage and recycling (outdoor).
Vehicle, boat/recreational vehicle sales and service.
Vehicle, boat/recreational vehicle sales and service (indoor).
Vehicle, electric.
Vehicle, recreational.
Vehicle, recreational vehicle (RV) sales and service.
Vehicle, truck repair (large).
Vehicle, truck sales and rental (large).
Vehicular sign. See Chapter 21A.46 of this title.
Vending cart.
Vending machine sign. See Chapter 21A.46 of this title.
Vertical clearance.
Vintage sign. See Chapter 21A.46 of this title.
Visible. See Chapter 21A.46 of this title.
Visual runway. See Section 21A.34.040 of this title.
Wall sign. See Chapter 21A.46 of this title.
Warehouse.
Warehouse, accessory.
Warehouse, accessory to retail and wholesale business (maximum 5,000 square foot floor
plate).
Water body/waterway.
Water budget.
Water feature.
Welding shop.
Wholesale distribution.
Wind energy system, large.
Wind energy system, small.
Window sign. See Chapter 21A.46 of this title.
Wireless telecommunications facility.
Woodworking mill.
Yard.
Yard, corner side.
Yard, front.
Yard, interior side.
Yard, rear.
Yard, side.
Zoning Administrator.
Zoning districts.
Zoning lot.
Zoning map.
Zoological park.
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SECTION 26. Amending the Text of Salt Lake City Code Section 21A.62.040. That Section
21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall be and
hereby is amended as follows:
a. Amending the definition of “Automobile.” That the definition of “Automobile” shall
be amended to read as follows:
AUTOMOBILE: A self-propelled vehicle with wheels that can legally operate within
a public right-of-way. The term includes but is not limited to passenger cars, light
trucks, and recreational vehicles.
b. Amending the definition of “Alternative parking property.” That the definition of
“Alternative parking property” shall be amended to read as follows:
ALTERNATIVE PARKING PROPERTY: The property for which an alternative
parking requirement is proposed, pursuant to Section 21A.44.050 of this title.
c. Amending the definition of “Biodetention.” That the definition of “Biodetention”
shall be amended to read as follows:
BIODETENTION: A low impact development term also sometimes called a rain
garden, biofilter or porous landscape detention that achieves on-site retention of
stormwater through the use of vegetated depressions engineered to collect, store, and
facilitate runoff infiltration.
d. Amending the definition of “Car pool.” That the definition of “Car pool” shall be
amended to read as follows:
CAR POOL: A group of two or more commuters, including the driver, who share the
ride to and from work or other destination on a regularly scheduled basis.
e. Adding the definition of “Carshare.” That Section 21A.62.040 shall be amended to
add the definition of “Carshare”, which shall read as follows:
CARSHARE: A membership-based model of car use where people rent or borrow
cars for short periods of time, often by the hour. Vehicles may be made available
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through private individuals, a property owner/manager, or commercial companies, but
are managed through a facilitator.
f. Amending the definition of “Change of use.” That the definition of “Change of use”
shall be amended to read as follows:
CHANGE OF USE: The replacement of an existing use by a new use, or a change in
the nature of an existing. A change of ownership, tenancy, name or management, or a
change in product or service within the same use classification where the previous
nature of the use, line of business, or other function is substantially unchanged is not
a change of use. The conversion of existing residential units to condominiums is not a
change of use.
g. Amending the definition of “Commercial vehicle.” That the definition of
“Commercial vehicle” shall be amended to read as follows:
COMMERCIAL VEHICLE: A vehicle associated with a business that exceeds one
(1) ton capacity. This includes but is not limited to buses, dump trucks, stake body
trucks, step vans, tow trucks and tractor trailers. Taxis and limousines shall also be
considered commercial vehicles.
h. Adding the definition of “Design capacity.” That Section 21A.62.040 shall be
amended to add the definition of “Design capacity”, which shall read as follows:
DESIGN CAPACITY: The maximum occupancy of a building or structure based on
the fire and/or building code, whichever allows occupancy by a larger group of
people.
i. Amending the definition of “Development.” That the definition of “Development”
shall be amended to read as follows:
DEVELOPMENT:
A. The carrying out of any building activity, the making of any material change in
the use or appearance of any structure or land, or the dividing of land into parcels
by any person. The following activities or uses shall be taken for the purposes of
these regulations to involve “development”:
1. The construction of any principal building or structure;
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2. Increase in the intensity of use of land, such as an increase in the number of
dwelling units or an increase in nonresidential use intensity that requires
additional parking;
3. Alteration of a shore or bank of a pond, river, stream, lake or other waterway;
4. Commencement of drilling (except to obtain soil samples), the driving of
piles, or excavation on a parcel of land;
5. Demolition of a structure;
6. Clearing of land as an adjunct of construction, including clearing or removal
of vegetation and including any significant disturbance of vegetation or soil
manipulation; and
7. Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
B. The following operations or uses shall not be taken for the purpose of these
regulations to involve “development”:
1. Work by a highway or road agency or railroad company for the maintenance
of a road or railroad track, if the work is carried out on land within the
boundaries of the right-of-way;
2. Utility installations as stated in sSubsection 21A.02.050.B of this title;
3. Landscaping for residential uses; and
4. Work involving the maintenance of existing landscaped areas and existing
rights-of-way such as setbacks and other planting areas.
j. Amending the definition of “Floor area, gross.” That the definition of “Floor area,
gross” shall be amended to read as follows:
FLOOR AREA, GROSS:
A. For determining size of establishment, the sum of the gross horizontal area of all
floors of the building measured from the exterior face of the exterior walls or
from the centerline of walls separating two (2) buildings. The floor area of a
building shall include basement floor area, penthouses, attic space having
headroom of seven feet (7’) or more, interior balconies and mezzanines, enclosed
porches, and floor area devoted to accessory uses. Space devoted to open air off
street parking or loading shall not be included in floor area.
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B. The floor area of structures devoted to bulk storage of materials including, but not
limited to, grain elevators and petroleum storage tanks, shall be determined on the
basis of height in feet (i.e., 10 feet in height shall equal 1 floor).
k. Amending the definition of “Floor area, usable.” That the definition of “Floor area,
usable” shall be amended to read as follows:
FLOOR AREA, USABLE: For determining off street parking and loading
requirements, the sum of the gross horizontal areas of all floors of the building, as
measured from the outside of the exterior walls, devoted to the principal use,
including accessory storage areas located within selling or working space such as
counters, racks, or closets, and any floor area devoted to retailing activities, to the
production or processing of goods or to business or professional offices. Floor area
for the purposes of measurement for off street parking spaces shall not include:
A. Floor area devoted primarily to mechanical equipment or unfinished storage
areas;
B. Floor area devoted to off street parking or loading facilities, including aisles,
ramps, and maneuvering space.
l. Amending the definition of “Garage.” That the definition of “Garage” shall be
amended to read as follows:
GARAGE: An accessory building or portion of a building designed or used for the
storage of vehicles used by the occupants of the principle building.
m. Amending the definition of “Garage, attached.” That the definition of “Garage,
attached” shall be amended to read as follows:
GARAGE, ATTACHED: A garage that has a roof or wall of which fifty percent
(50%) or more is attached to and in common with a principal building. An attached
garage shall be considered part of the principal building and shall be subject to all
yard requirements of the principal building.
n. Amending the definition of “Hard surfaced.” That the definition of “Hard surfaced”
shall be amended to read as follows:
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HARD SURFACED: A concrete, asphalt, brick, stone turf block, or other surface
approved by the city engineer that is suitable for vehicle traffic.
o. Amending the definition of “Off site.” That the definition of “Off site” shall be
amended to read as follows:
OFF-SITE: A lot that is separate from the lot on which the principal use is located.
p. Amending the definition of “Off street parking.” That the definition of “Off street
parking” shall be amended to read as follows:
OFF STREET PARKING: A site or portion of a site devoted to the parking of
automobiles in an area that is not a public or private street or other public right-of-
way, including parking spaces, aisles, driveways, and associated landscaped areas.
q. Amending the definition of “Outdoor dining.” That the definition of “Outdoor dining”
shall be amended to read as follows:
OUTDOOR DINING: A dining area with seats and/or table(s) located outdoors of a
restaurant, brewpub, bar establishment, tavern, market, deli, or other retail sales
establishment that sells food and/or drinks, and which is either: a) located entirely
outside the walls of the building of the subject business, or b) enclosed on two (2)
sides or less by the walls of the building with or without a solid roof cover, or c)
enclosed on three (3) sides by the walls of the building without a solid roof cover.
r. Adding the definition of “Park and ride lot.” That Section 21A.62.040 shall be
amended to add the definition of “Park and ride lot”, which shall read as follows:
PARK AND RIDE LOT: An area or structure intended to accommodate parked
vehicles for the general public, where commuters park their vehicles and continue
travel to another destination via public transit, carpool, vanpool, or bicycle. Parking
lot may be shared with other uses or stand alone.
s. Adding the definition of “Parking garage.” That Section 21A.62.040 shall be
amended to add the definition of “Parking garage”, which shall read as follows:
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PARKING GARAGE: A structure or part of a structure used primarily for the
housing, parking, or storage of automobiles.
t. Amending the definition of “Parking, intensified reuse.” That the definition of
“Parking, intensified reuse” shall be amended to read as follows:
PARKING, INTENSIFIED REUSE: “Intensified reuse parking” means the change of
the use of a building or structure, the past or present use of which may or may not be
legally nonconforming as to parking, to a use which would require a greater number
of parking stalls available on site which would otherwise be required pursuant to
Section 21A.44.040 of this title. Intensified parking reuse shall not include residential
uses in residential zoning districts other than single room occupancy residential uses
and unique residential populations.
u. Amending the definition of “Parking, intensified reuse.” That the definition of
“Parking, intensified reuse” shall be amended to read as follows:
PARKING LOT: An area on the surface of the land used for the parking of more than
four (4) automobiles. Areas designated for the display of new and used vehicles for
sale are not included in this definition.
v. Amending the definition of “Parking, off site” That the definition of “Parking, off
site” shall be amended to read as follows:
PARKING, OFF-SITE: An off-street parking area intended to serve one or more uses
and that is located on a different parcel or lot than the use(s) it is intended to serve.
w. Deleting the definition of “Parking, off site (to support nonconforming uses in a
residential zone or uses in the CN or CB zones).” That Section 21A.62.040 shall be
amended to delete the definition of “Parking, off site (to support nonconforming uses
in a residential zone or uses in the CN or CB zones)”.
x. Deleting the definition of “Parking, park and ride lot.” That Section 21A.62.040 shall
be amended to delete the definition of “Parking, park and ride lot”.
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y. Deleting the definition of “Parking, park and ride lot shared with existing use.” That
Section 21A.62.040 shall be amended to delete the definition of “Parking, park and
ride lot shared with existing use”.
z. Amending the definition of “Parking, shared” That the definition of “Parking, shared”
shall be amended to read as follows:
PARKING, SHARED: Joint use of a parking lot or area for more than one principal
use.
aa. Amending the definition of “Parking space” That the definition of “Parking space”
shall be amended to read as follows:
PARKING SPACE: Space within a parking area of certain dimensions as defined in
Chapter 21A.44 of this title, exclusive of access drives, aisles, ramps, columns, for
the storage of one vehicle.
bb. Amending the definition of “Parking study” That the definition of “Parking study”
shall be amended to read as follows:
PARKING STUDY: A study prepared by a licensed professional traffic engineer
specifically addressing the parking demand generated by a use and which provides
information necessary to determine whether proposed parking will have a material
negative impact to adjacent or neighboring properties.
cc. Amending the definition of “Parking, tandem” That the definition of “Parking,
tandem” shall be amended to read as follows:
PARKING, TANDEM: The in-line parking of one vehicle behind another in such a
way that one parking space can only be accessed through another parking space.
dd. Adding the definition of “Planning director.” That Section 21A.62.040 shall be
amended to add the definition of “Planning director”, which shall read as follows:
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PLANNING DIRECTOR: The director of the Salt Lake City Planning Division, or
his/her designee.
ee. Deleting the definition of “Planning official.” That Section 21A.62.040 shall be
amended to delete the definition of “Planning official”.
ff. Adding the definition of “Primary entrance.” That Section 21A.62.040 shall be
amended to add the definition of “Primary entrance”, which shall read as follows:
PRIMARY ENTRANCE: The entrance to a building, parcel, or development most
used by the public for day-to-day ingress and egress.
gg. Amending the definition of “Street” That the definition of “Street” shall be amended
to read as follows:
STREET: A vehicular way which may also serve for all or part of its width as a way
for pedestrian traffic, whether called street, highway, thoroughfare, parkway,
throughway, road, avenue, boulevard, lane, place, alley, mall or otherwise designated.
hh. Amending the definition of “Vanpool” That the definition of “Vanpool” shall be
amended to read as follows:
VANPOOL: A group of seven (7) to fifteen (15) commuters, including the
driver, who share the ride to and from work or other destination on a regularly
scheduled basis.
ii. Adding the definition of “Vehicle.” That Section 21A.62.040 shall be amended to add
the definition of “Vehicle”, which shall read as follows:
VEHICLE: A device by which any person or property may be transported upon a
public highway except devices used exclusively upon stationary rails or tracks or
exclusively moved by human power.
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jj. Amending the definition of “Vehicle, electric” That the definition of “Vehicle,
electric” shall be amended to read as follows:
VEHICLE, ELECTRIC: A device which is considered a vehicle that uses
electricity as its primary source of power, such as a plug-in electric vehicle or a
plug-in hybrid electric vehicle. An electric vehicle does not include devices that
are moved by human power.
kk. Adding the definition of “Vehicle, recreational.” That Section 21A.62.040 shall be
amended to add the definition of “Vehicle, recreational”, which shall read as follows:
VEHICLE, RECREATIONAL: Any motorized vehicle and/or associated non-
motorized equipment used for camping, traveling, boating, or other leisure activities
including, but not limited to campers, boats, travel trailers, motor homes, snow
mobiles, wave runners, and other vehicles designed for traveling on water (motorized
and non-motorized). Trailers used for transporting this type of vehicle are also
included within this definition.
SECTION 27. Replacing Illustration I in Salt Lake City Code Section 21A.62.050. That
Section 21A.62.050 of the Salt Lake City Code (Zoning: Definitions: Illustrations of Selected
Definitions) shall be, and hereby is amended to replace Illustration I as follows:
ILLUSTRATION I
SIGHT DISTANCE TRIANGLE
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SECTION 28. 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 ______ day of ______________,
202_.
______________________________
CHAIRPERSON
ATTEST AND COUNTERSIGN:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
141
Mayor’s Action: _______Approved. _______Vetoed.
______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 202_.
Published: ______________.
Ordinance amending parking regulations (final)
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:__________________________________
By: ___________________________________
Paul C. Nielson, Senior City Attorney
August 31, 2020
TABLE OF CONTENTS
TABLE OF CONTENTS
1. PROJECT CHRONOLOGY
2. NOTICE OF CITY COUNCIL HEARING
3. PLANNING COMMISSION
A) AGENDA NOTICE
B) STAFF REPORT
C) AGENDA AND MINUTES
D) STAFF PRESENTATION SLIDES
E) ADDITIONAL PUBLIC COMMENTS RECEIVED
4. ORIGINAL PETITION
1. PROJECT CHRONOLOGY
2. NOTICE OF CITY COUNCIL
HEARING
The Salt Lake City Council is considering Petition PLNPCM2017-00753 Off Street
Parking, Mobility, and Loading Ordinance - A request by former Mayor Jackie
Biskupski to modify Zoning Ordinance Chapter 21A.44 Off-Street Parking, Mobility, and
Loading. The overall goal of the project is to make the parking chapter more user
friendly while still accomplishing related citywide goals related to economic
development, sustainability, and land use. The proposed text amendments to the Off
Street Parking Ordinance include:
1.Updated parking requirements to better reflect current market demand in the
City based on community feedback and previous parking studies commissioned
by the City and RDA;
2.Simplify confusing parking regulations that are difficult for property owners to
understand and use significant staff resource to interpret and administer;
3.Address technical issues that have been identified through the day to day
administration of the parking chapter; and
4.Establish a framework that allows for a parking ordinance that can be responsive
to the lopment patterns.
The amendment will affect chapter 21A.44 of the zoning ordinance. Related parking
provisions of Title 21A.44 may also be amended as part of this petition.
As part of their study, the City Council is holding two advertised public hearings to
receive comments regarding the petition. During these hearings, anyone desiring to
address the City Council concerning this issue will be given an opportunity to speak. The
Council may consider adopting the ordinance on the same night of the second public
hearing. The hearing will be held electronically:
DATE: Date #1 and Date #2
TIME: 7:00 p.m.
PLACE: **This meeting will not have a physical location.
**This will be an electronic meeting pursuant to the Salt Lake City Emergency
Proclamation. If you are interested in participating in the Public Hearing, please
visit our website at https://www.slc.gov/council/ to learn how you can share your
comments during the meeting. Comments may also be provided by calling the 24-
Hour comment line at (801)535-7654 or sending an email to
council.comments@slcgov.com. All comments received through any source are
shared with the Council and added to the public record.
If you have any questions relating to this proposal or would like to review the file, please
call Eric Daems at 801-535-7236 between the hours of 8:00 a.m. and 5:00 p.m.,
Monday through Friday or via e-mail at eric.daems@slcgov.com
People with disabilities may make requests for reasonable accommodation no later than 48
hours in advance in order to participate in this hearing.
3. PLANNING COMMISSION
A. Original Notice and Postmark
December 30, 2019
3. PLANNING COMMISSION
B. Staff Report
January 8, 2020
PLANNING DIVISION
COMMUNITY & NEIGHBORHOODS
Staff Report
TO:Salt Lake City Planning Commission
FROM: Eric Daems, AICP, Principal Planner
DATE: January 8th, 2020
RE: PLNPCM2017-00753- Off-Street Parking, Mobility, and Loading Ordinance
Amendment
ZONING TEXT AMENDMENT
PROPERTY ADDRESS: City-Wide
MASTER PLAN: Plan Salt Lake
ZONING DISTRICTS: All
REQUEST:
A request by Mayor Jackie Biskupski to review and modify Zoning Ordinance Chapter 21A.44 Off-
Street Parking, Mobility, and Loading. The overall goal of the project is to make the parking
chapter more user friendly while still accomplishing related citywide goals related to economic
development, sustainability, and land use. The proposed text amendments to the Off-Street
Parking Ordinance include:
1. Updated parking requirements to better reflect current market demand in the City based
on community feedback and previous parking studies commissioned by the City and
RDA;
2. Simplify confusing parking regulations that are difficult for property owners to
understand and use significant staff resource to interpret and administer;
3. Address technical issues that have been identified through the day to day administration
of the parking chapter; and
4. Establish a framework that allows for a parking ordinance that can be responsive to the
changing dynamics of Salt Lake City’s development patterns.
RECOMMENDATION:
Based on the information in this staff report and the factors to consider for zoning text amendments,
Planning Staff recommends that the Planning Commission forward a positive recommendation to the
City Council to adopt the proposed zoning ordinance text amendments with the following condition:
1. Ordinance language be amended as necessary to ensure consistency with other code sections
and references in the zoning ordinance.
ATTACHMENTS:
A. Petition Initiation
B. Proposed Parking Ordinance
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C. Off-Street Parking Manual
D. Parking Context Map
E. Analysis of Standards
F. Master Plan Compatibility
G. Public Process Timeline
H. Public Comments
I. City Department Comments
BACKGROUND:
As transportation and land uses change over time, the demand for parking changes. Cities
frequently struggle to strike a balance between too much parking and inadequate parking. Parking
requirements that are too high can waste land, increase development costs, lead to demolition of
structures to meet parking requirements, increase stormwater runoff, compromise water quality,
and discourage pedestrian activity. Parking requirements that are too low may lead to increased
traffic congestion, difficulty leasing or selling property, and spillover parking onto adjacent
residential streets.
In June 2017, the Planning Division hired consulting firm Clarion and Associates to perform a
comprehensive review and update of Chapter 21A.44 Off-Street Parking, Mobility, and Loading
of the zoning ordinance. The provisions of this chapter determine the parking regulations in all
areas of the City, but do not include regulations for on-street parking. The process included
internal meetings with City divisions most closely involved with the parking chapter and a
thorough public engagement plan that is outlined in Attachment G of this report. Following the
completion of the work of the consultant, Planning Staff worked to address commentary received,
finish the public engagement efforts, and to produce a fully revised parking ordinance. The proposed
revisions are primarily located within Chapter 21A.44, but other sections of the zoning code related to
parking are also proposed to be amended.
Project Scope:
This project updates the City’s regulations for off-street parking including:
Minimum and maximum number of parking stalls required/allowed
Permitted alternatives to off-street parking requirements
Parking lot design, access, and dimensional standards
Purpose:
Implement citywide goals related to economic development, sustainability, and land use including:
Create parking regulations that reflect current market demand in the City
Reinforce Salt Lake City as a place for people, not cars
Eliminate barriers to economic growth and affordable/sustainable housing
Allow for flexibility
Reduce auto dependency – encourage safe and efficient alternatives
Protect neighborhoods
Minimize visual impacts of parking (surface and structured)
Minimize pedestrian conflicts with vehicles
Be environmentally friendly (emissions, water quality, heat island)
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PROPOSED AMENDMENTS:
General Comments
The following sections introduce the proposed chapter 21A.44 and highlight significant changes.
These changes are based on the cumulative feedback of the community and stakeholders, internal
staff discussions, feedback from the Planning Commission, objectives identified in Salt Lake City’s
various master plans, recommendations from project consultant Clarion & Associates, and
industry best practices. The proposed ordinance is included in Attachment B. A version of the
proposed ordinance which includes comprehensive footnotes documenting each proposed
revision is available upon request from the Salt Lake City Planning department.
21A.44.010: Purpose
This section outlines the objectives of the off-street parking chapter. The language has been
updated from the previous ordinance to include the stated purpose of:
A.Avoiding and mitigating traffic congestion and reducing the financial burden on
taxpayer funded roadways;
B.Providing necessary access for service and emergency vehicles;
C.Providing for safe and convenient interaction between vehicles, bicycles, and
pedestrians;
D.Providing flexible methods of responding to the transportation and access demands of
various land uses in different areas of the city;
E.Reducing storm water runoff, reducing heat island effect from large expanses of
pavement, improving water quality, and minimizing dust pollution;
F.Establishing context-sensitive parking standards to reflect the current and future built
environment of neighborhoods; and
G.Avoiding and mitigating the adverse visual and environmental impacts of large
concentrations of exposed parking.
21A.44.020: Applicability
This section establishes the thresholds and requirements for when developments are required to
comply with the parking regulations. All new development is required to comply.
Expansions
The current standards require compliance with the parking regulations for any expansions – large
or small. A low threshold tends to discourage small expansion projects as the cost to improve
and/or expand the parking facilities may outweigh the benefits of expanding the building or use.
The proposed expansion threshold would require expansions (and cumulative expansions over a
two-year period) that are larger than 25 percent of usable floor area to come into compliance with
the parking regulations. Expansions less than 25 percent would not be required to comply with
the proposed provisions. Developments would also be required to comply with the addition of one
or more dwelling units, and the addition to or expansion of one or more structures that require
conditional use permit approval.
Change of Use
This section proposes significant changes to the applicability thresholds for when a property
changes from one type of land use to another. The current zoning code exempts development in
the D-1, D-2, and D-3 zoning districts from needing to provide additional parking as a result of a
change of use. To allow for broader flexibility and to encourage infill development and
redevelopment, this exemption has been expanded to include all developments within the Urban
Center Context and Transit Context areas.
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Any change of use outside of the Urban Center Context area or Transit Center Context area that
would require an increase in the minimum number of off-street parking spaces by 10 or more
spaces or by 25 percent or more spaces, would be required to provide additional parking in
compliance with the parking regulations.
Older buildings (built prior to 1944) would not require additional parking to be provided for
changes in use. This provision is intended to encourage adaptive reuse of older buildings.
Exemptions from Parking Requirements
This section also introduces changes to which developments are exempt from parking
requirements all-together. The current zoning code exempts nonresidential uses in buildings
smaller than 1,000 square feet within commercial districts and the D-2 and D-3 zoning districts
from having to provide parking. This exemption is now expanded to apply city-wide to all uses on
lots (other than single-family or two-family dwellings) created prior to April 12, 1995 that are
smaller than 5,000 square feet. This adds another level of flexibility and relief for small property
and business owners that would otherwise not be able to use or develop the lot due to parking
constraints.
Any development that is exempt from providing parking, but that elects to provide parking, will
be required to comply with all location and design standards adopted by the City.
21A.44.030: Calculation of Parking
This section explains how parking and loading requirements are calculated in the proposed
parking chapter as well as identifies which types of parking spaces do not count toward minimum
and maximum parking space requirements. This section has been mostly carried forward from
the current code, with grammatical and formatting edits. All parking and loading requirements
based on square footage are calculated using “usable floor area” as is current practice in Salt Lake
City. Usable floor area includes all areas of a building with the exception of areas devoted to
mechanical equipment and unfinished storage.
The section includes a proposed procedure for how parking and loading requirements are
determined for a land use that is not listed in the table of Minimum and Maximum Off-street
Parking requirements. The current zoning ordinance assigns a “catch-all” minimum parking
requirement of three (3) spaces per 1,000 square feet for “all other uses.” The proposed section
retains that minimum and adds a maximum parking allowed requirement of five (5) spaces per
1,000 square feet. Two additional means have also been introduced by which parking
requirements can be assigned to an unlisted use. The Planning Director now has the authority to
assign a minimum or maximum number of off-street parking spaces required for an unlisted use
based on a listed use with similar operating characteristics, occupancy classification or other
factors. The Director can also determine the parking and loading requirements for any use based
on a parking study submitted by the applicant that demonstrates the anticipated demand for the
proposed development.
21A.44.040: Required Off-street Parking
Context Areas
The current parking ordinance largely treats minimum parking required and maximum parking
allowed based solely on the use of the property. Yet, Salt Lake City has a wide variety of
development contexts that make any single approach to minimum and maximum parking
requirements ineffective. The parking demand for a downtown area served by transit will be lower
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than a downtown adjacent neighborhood or suburban shopping center. To ensure that minimum
and maximum parking requirements reflect the built context (and future built context) of the area,
the proposed parking ordinance includes four distinct “context areas” with minimum and
maximum parking standards tailored to each. The Minimum and Maximum Off-street Parking
Table lists the specific zoning districts included in each context area. The following is a brief
narrative introducing each context area:
General Context: This context includes the City’s zoning districts that tend to be more
auto dependent and/or suburban in scale and parking needs. This context applies broadly
to all zoning districts that are not specifically listed in the other context areas. Areas that
fall into this category are the 300 West commercial corridor, the Redwood Road
commercial corridor, and other developments that are in zoning districts not identified in
a specific context area in the Minimum and Maximum Off-Street Parking Table.
Neighborhood Center: This context includes areas with small- or moderate-scale
shopping, gathering, or activity spaces, often within or adjacent to General Context areas,
but that are not necessarily well served by transit. This category includes zoning districts
with pedestrian-scale development patterns, building forms, and amenities. Areas that fall
into this category are the 9th and 9th commercial node, the 15th and 15th commercial
node, and other moderate scale commercial and mixed-use developments that are within
the zoning districts identified in the Minimum and Maximum Off-Street Parking Table.
Image 1: Typical Development Patterns within General Context
Image 2: Areas such as 9th and 9th are included as part of the Neighborhood Center
Context
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Urban Center: This context includes zoning districts with dense, pedestrian-oriented
development within more intensely developed urban centers. The parking demand in this
context is higher than in the Transit Center Context, but lower than areas in the
Neighborhood Center Context. Areas that fall into this category are the Sugar House
Business District, areas adjacent to Downtown, and other developments that are within
the zoning districts identified in the Minimum and Maximum Off-Street Parking Table.
Transit Context: This context includes those zoning districts that immediately surround
mass-transit facilities and/or are in the downtown core. These areas have the lowest
parking demand and may be exempt from minimum parking requirements or be required
to provide minimal off-street parking. Areas that fall into this category are the Central
Business District, Central Ninth, the North Temple/400 South transit corridor, and other
developments that are within the zoning districts identified in the Minimum and
Maximum Off-Street Parking Table.
Image 3: Areas such as Sugar House are included as part of the Urban Center Context
Image 4: Areas well serviced by mass-transit are included as part of the Transit Context
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Required Parking Table
This section replaces and consolidates the current tables in Section 21A.44.030.G(1): Schedule of
Minimum Off-street Parking Requirements; Section 21A.44.030.G(2): Table of District Specific
Minimum Off-street Parking Requirements; and Section 21A44.030.H(2): Table of District
Specific Maximum Parking Allowance. This table includes all of the use types listed in current
Section 21A.33: Land Use Tables, making it clear how much parking is required for each land use
allowed in the City. To make the table more user-friendly, similar use types have been grouped
into categories and subcategories. All land uses have been included in the table. The inclusion of
a land use within the parking table does not authorize the use within a zone or context. Section
21A.33 will still be used to authorize land uses within a zoning district.
Parking Minimums
All minimum parking standards have been reviewed against those used in other large but
relatively low-density cities, and numerous changes have been made. In many cases the minimum
requirements have been reduced or eliminated altogether (Transit/Urban Center contexts), but
in a few cases (notably retail and restaurant uses) the exceptionally low standards in the current
ordinance have been increased in order to reduce overflow parking in neighborhoods. The
concerns of “spill-over” parking within neighborhoods was a major concern brought to light by
the public and within the neighborhood master plans.
Parking Maximums
In effort to limit excess parking on a lot, the current parking chapter limits the amount of parking
that can be provide on a property to 125% of the minimum parking amount. The current 125
percent maximum parking standard has been replaced with tailored maximums, by context, and
targeted at the limited number of land uses where excessive parking significantly undermines
planning goals aimed at walkability and urbanism. Land uses that are not typically associated with
over-parking, such as day cares, parks, warehouses, and several industrial uses, do not have
maximum parking requirements in the revised chapter. The maximum parking standards column
in the table of Minimum and Maximum Off-Street Parking clarifies whether the maximum
standard applies to only one context area, a combination of context areas, or to all context areas.
Parking provided in structures such as parking garages is proposed to include maximum parking
allowed. Well located and planned parking garages can provide shared parking solutions for
multiple properties. The placement and design of parking garages is already governed by the
parking chapter and design standards of the zoning code. The intent of this provision is to
encourage and facilitate parking solutions that serve multiple properties. Discussions with
Downtown Alliance also revealed that national employers may insist on certain parking counts
being provided for their employees. In this sense, parking garages can be a tool to incentivize
employers to relocate downtown.
Electric Vehicle Parking
These standards were carried forward with minor grammatical and formatting edits. No
substantive changes are proposed. Although not included as part of the proposed ordinance,
Planning Staff worked closely with Salt Lake City’s Sustainability department on new language
and standards for Electric Vehicle Readiness. The intent will be to propose requirements that
multi-family developments provide a certain percentage of Electric Vehicle Ready parking stalls
at the time of development. The language should be anticipated as part of a future ordinance
revision and could be included in the design section of the parking ordinance.
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Accessible Parking
These standards were carried forward and simplified with minor grammatical and formatting
edits. A proposed standard clarifies that parking areas with four (4) or fewer vehicle parking
spaces are not required to identify an accessible space with signs or striping, but that a minimum
of one (1) space needs to comply with ADA standard dimensions. The table of Accessible Parking
Required was simplified.
Bicycle Parking
This section has been thoroughly revised as existing standards were not meeting the goals and
objectives listed in the various City master plans. The existing bicycle parking standards are based
on a percentage of vehicle parking provided. This meant that the less parking a development
provided, whether through reductions or otherwise, the less bicycle parking that was required to
be provided. That logic does not match the City’s goals to be more bikeable and less dependent on
automobiles. The proposed standards are based on use and are categorized by context. They have
been compared with cities of similar size and dynamic. When a development provides
secure/enclosed bicycle parking, the requirement is reduced by half.
21A.44.050: Alternatives to Minimum and Maximum Parking Calculations
To increase flexibility, this section is proposed to include new tools allowing by-right adjustments
to parking requirements as well as authorizing the Planning Director to modify parking
requirements based on an approved parking study. The adjustments allowed under this section
can be used in any combination to reduce the minimum number of required parking spaces
identified in the Minimum and Maximum Off-street Parking table by up to 40 percent.
Certain alternatives are proposed to be removed from the current ordinance based on community
feedback and internal observation. It was found that certain provisions were not reducing overall
parking demand and that the burden was shifting from developers to neighboring properties,
including along the public right-of-way. For example, the provision to allow on-street parking
proved hard to administer and created a sense of ownership or entitlement to parking that should
have been public. Removing the standard would allow for future flexibility within the public right-
of-way. Those alternatives that are proposed to be eliminated include: credit for on-street parking,
pedestrian friendly amenities, off-site parking (as a reduction tool), and use of excess parking in
a park and ride lot.
Many of the items currently listed as Transportation Demand Management (TDM) strategies are
now included in other sections of the proposed parking chapter and are not listed in this section.
Shared Parking
These standards explain how much parking is required when two (2) or more uses share a parking
area. A new system for calculating parking reductions is introduced that establishes reduction
factors based on the land uses rather than the hours of operation (which is difficult to enforce and
administer). The current maximum distance allowed for shared parking areas of 500 feet has been
increased between 600-1,200 feet, based on parking context and to reflect national trends and
Salt Lake City’s large block sizes. This proposed approach allows mixed-use development the
opportunity to reduce the minimum number of required parking spaces to better reflect the
parking demands of a mixed-use development. For reference, example calculations have been
provided in the text to help users navigate the proposed methods for determining parking
requirements. Standards for required documentation for shared parking facilities are introduced
and are intended to simplify administration and avoid continued monitoring of cooperation
agreements over time.
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Proximity to Fixed-Rail Transit
This standard is proposed to allow all multi-family or commercial properties (not just new
development) within one-quarter (1/4) mile of a fixed transit station to reduce the number of
minimum required parking spaces by 25 percent (down from 50%). The measurement technique
is changed from “based on walking distance” to “measured radially in a straight line.” The
reduction is available for all contexts except Transit, as the minimums in that context are already
based on their proximity to transit.
Affordable and Senior Housing
These standards would allow for a reduction to the number of minimum parking spaces required
if the development provides income restricted and/or age restricted units. The current reduction
of 50 percent has been decreased to 25 percent to reflect the already reduced parking
requirements and tailored minimums in the Minimum and Maximum Off-street Parking table.
Eligibility requirements and thresholds are also clarified.
New to this chapter is that qualifying affordable or senior housing projects could reduce their
parking by an additional 15 percent when they are located within one-quarter mile of a bus stop
that is serviced by a high-frequency bus route.
Car Pool and Carshare Parking
These proposed standards would allow developments with 100 or more parking spaces to count
every dedicated van pool space towards seven of the minimum parking spaces required, and every
car pool space to count towards three of the minimum parking spaces required. Working with the
City Sustainability department, the section is proposed to include a provision to allow for parking
lots of any size to count four spaces towards each designated carshare vehicle space.
Valet Parking Services
These provisions would allow for parking stalls be replaced on a one-to-one basis for each valet
stall provided. The section clarifies qualifying standards but is largely carried over from the
current code.
Parking Study Demonstrating Different Parking Needs
This standard is proposed to allow an applicant to submit a parking study to the Planning Director
justifying adjustments to the minimum or maximum required parking standards. This provides a
“relief valve” for unique projects that justify alternative parking requirements.
21A.44.060: Parking and Loading Location and Design
The current parking and loading location and design standards are found throughout chapter
21A.44 and other parts of the zoning ordinance. This section proposes to consolidate those
standards and update them to reflect the proposed context area approach. Notably, the table for
parking setbacks has been reorganized into parking contexts and relocated to this section. Specific
design standards for the D-1, D-3, D-4, G-MU, TSA, and parking garages have been relocated to
this chapter with minor grammatical modifications. The provisions for recreational vehicle
parking have been clarified and are located at the end of this section. Some standards were
simplified and/or removed because they were no longer necessary as a result of other edits within
the parking chapter. Technical standards were largely moved to the proposed Parking Standards
Manual.
21A.44.070: Off-street Loading Areas
This section includes the proposed standards for how many off-street loading areas are required
for developments. These standards were revised to reflect current trends toward more frequent
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deliveries by smaller trucks that do not require large spaces to load or unload without blocking
traffic or parking areas. The standards were also clarified to include mixed-use buildings.
21A.44.080: Drive-Through Facilities and Vehicle Stacking Areas
This section includes the standards regulating drive-through facilities and vehicle stacking areas.
Standards were largely carried over from the existing code, however drive-through stacking
spaces were organized by parking context. As part of this revision, redundant provisions for drive-
through facilities found in chapter 21.A.40.060 have been proposed to be eliminated.
21A.44.090: Modifications to Parking Areas
Administrative Adjustments
This tool is largely carried over from the existing ordinance and would grant the Planning or
Transportation Director the authority to make minor modifications to the standards in the
parking chapter based on certain criteria. Examples include modifications to dimensions or
geometries of parking, loading, or maneuvering areas.
Special Exceptions
The revised ordinance would eliminate the parking “catch-all” exception (#7), currently found in
the Special Exceptions chapter 21A.52, as more specific standards have been incorporated into
the provisions throughout. The two special exceptions that would continue to be authorized are
for front yard parking and surfacing materials for vehicle and equipment storage.
21A.44.100: Use and Maintenance
This section proposes standards for how parking areas can be used as well as the maintenance
requirements. These standards were largely carried forward as-is with minimal edits.
21A.44.110: Nonconforming Parking and Loading Facilities
This section includes the proposed standards addressing nonconforming parking and loading
facilities. Chapter 21A.38: Nonconforming Uses and Noncomplying Structures, lays the
foundation for how nonconformities are addressed in the zoning ordinance; however, there is
some overlap with the standards provided in chapter 21A.44 specific to parking and loading
facilities. The current 21A.38.070.B is proposed to be deleted as this content is now addressed in
the proposed parking chapter. The ordinance includes proposed tools that will provide a level of
flexibility that should address any concerns related to the reconstruction of parking and loading
areas on challenging sites. It also introduces a standard that allows a site made nonconforming as
a result of an acquisition of property by eminent domain for a right-of-way to be deemed lawful
and conforming. This provides an outlet for a site that is made non-conforming when land area
or setbacks are reduced by circumstances outside of their control.
Parking Standards Manual
City staff has elected to create a new Parking Standards Manual (Attachment C) in conjunction
with this effort to relocate technical/engineering material from chapter 21A.44 into a technical
design manual. This approach would simplify the zoning ordinance and remove details from the
code that are of little/no interest to the general public. Including design and engineering minutia
in the zoning code makes it more difficult for citizens to navigate and find what they are looking
for.
This approach would also allow the City to update minor technical/engineering standards without
going through the zoning ordinance amendment procedure. It is important for the City to
continue updating its technical standards as research and best practices emerge.
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Grammar and Minor Corrections
The proposed ordinance includes updated grammar and formatting throughout. Spelling errors,
typos, or grammatical errors from the current regulations have been corrected.
Definitions
The revised chapter includes proposed parking-related definitions that were not previously
included in chapter 21A.62: Definitions.
KEY CONSIDERATIONS:
The following key considerations have been identified for the Planning Commission’s review and
potential discussion.
1. Align with the goals of Plan Salt Lake and the various neighborhood master plans
2. Encourage infill development and redevelopment
3. Simplify tobe more user-friendly and easier to implement
4. Modernize to reflect best practices and current market trends for parking
5. Reconsider the current “one-size fits all” approach in favor of “context based” parking
6. Required parking minimums for multi-family developments in General Context
7. Parking Reductions for Developments Adjacent to High-Frequency Bus Stops
Consideration 1: Align with the goals of Plan Salt Lake and the various neighborhood
master plans
The various City master plans contain the collective goals and
objectives of Salt Lake City. Many of these goals and adopted
policies relate to how the City grows and how to provide balanced
transportation networks that reduce automobile dependency
while supporting economic growth and affordability. Goals of the
City also focus on neighborhood vitality, providing transportation
choices, and enhancing the public realm through design,
architecture, and development that is context sensitive.
Throughout the revision process, Staff sought to implement as
many objectives within the master plans as possible. A
comprehensive analysis of those standards and the proposed
changes can be found in Attachment F of this report.
Consideration2: Encourage infill development and redevelopment
Infill development and the redevelopment of under-utilized properties are important components for
economic growth within an established community like Salt Lake City. The proposed ordinance
encourages these types of developments by:
Establishing context-based parking standards that are responsive to the unique characteristics
of Salt Lake City’s neighborhoods and development patterns
Providing alternative methods to modify minimum and maximum parking
Allowingparking reductions for affordable/senior housing
Relaxingparking requirements for change or expansion of use
Image 5: Master Plans such as Plan Salt Lake
helped frame the proposed ordinance
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Consideration 3: Simplify to be more user-friendly and easier to implement
Improved ordinance usability was a focus of the revised parking chapter. The goal was to create a
chapter that was clear for the public and developers to use but was also simpler to administer for City
Staff. The proposed ordinance has been modified to include:
Improved ordinance usability through the use of tables and the consolidation of parking
standards that were previously scattered throughout the code
New parking requirement tables with uses organized by category and context
Simplified processes for adjustments to minor technical matters
Clarified layout and language throughout
Consideration 4: Modernize to reflect best practices and current market trends for
parking
The current parking ordinance for Salt Lake City has not evolved with modern planning practices.
Many of the parking count figures are based on outdated models and have not considered the built
context or alternative options to traditional parking. The proposed ordinance seeks to implement the
latest planning practices and allow for more flexibility based on current market demands for parking.
Specifically, the proposed ordinance includes:
Tailored standards based on four parking contexts
Market driven minimum and maximums, particularly where mass transit is available
Adjusted standards for drive-through & loading areas based on best practices
Revised method of calculating bicycle parking standards to match development activity
New options for car/van-pool, car share, and shared parking
Lowered overall required parking in effort to reduce surface area heat gain and water
contamination from parking lots and to encourage alternative means of transportation to lower
emissions
Consideration 5: Reconsider the current “one-size fits all” approach in favor of “context
based” parking
The existing ordinance contains parking minimums and maximums that are largely based only on a
proposed land use. In some cases, there were some minor modifications based on the underlying
zoning designation, but it was still largely a one-size fits all approach. The idea of standards that were
adaptive to their setting or context was a key consideration presented throughout the various master
plans of the City and was a common theme throughout the public engagement process. To this end,
the revised parking ordinance has been organized to include four parking contexts: Transit Center,
Urban Center, Neighborhood Center, and General. These contexts will help the parking standards to
be more responsive to the unique circumstances of the various neighborhoods within Salt Lake City.
The proposed ordinance also establishes a frame work that would allow for additional parking contexts
in the future if needed.
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Consideration 6: Required parking minimums for multi-family developments in
General Context
Throughout the public engagement process, the minimum parking requirements for multi-family uses
was listed at 2 stalls per dwelling unit, regardless of bedroom type. The public was generally supportive
of this standard in each of the engagement events held. However, during the work sessions with the
Planning Commission, most felt that this number was too high. Staff has now proposed 1 stall per unit
for studio and 1-bedroom apartments and 1.25 stalls per unit for units with more than 1 bedroom. Staff
felt this would provide some additional parking for residents that have more than 1 vehicle or for guest
parking. Furthermore, these would only be the minimums. A development may choose to include
surface parking for up to 2 spaces per dwelling unit for studio ad 1-bedroom units, or 3 stalls per unit
for larger apartments. Typical multi-family developments in the general context are averaging about
1.6 stalls per unit. The proposed standards would still allow for that amount of parking to be provided
but would not dictate that it had to be installed if the market demand was for less.
Consideration 7: Parking Reductions for Developments Adjacent to High-Frequency
Bus Stops
This particular consideration has produced a split opinion throughout the revision process. Most
residents felt that parking reductions should not be granted alone for proximity to high-frequency bus
stops. The reasons cited included that they felt the stops lacked permanency and they feared the service
was not reliable enough to be counted on for users other than commuters. This was discussed
considerably in the work-sessions with the Planning Commission. Some commissioners agreed with
public sentiment, while others felt it would be a lost opportunity considering the amount of investment
Salt Lake City has made in these routes, particularly when the other goals of the City, such as improved
air quality and providing affordable housing, are considered.
Image 6: Proposed parking for Multi-family in General Context
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Given these viewpoints, Staff has recommended to tie the reduction specifically to the goal for more
affordable housing by allowing for an additional parking reduction of up to 15% for qualifying
affordable housing developments located within one-quarter mile of a bus stop that is serviced by high-
frequency routes (proposed 21A.44.050.D). Currently, this would include routes 2,9,21, and 200 (see
map and chart below). As additional routes improve frequency, including for nights and weekends,
they would also qualify for this provision.
Bus Service Frequency
Rte. Street Weekday Sat.Sun.After 7PM
2 200 S 15 min 15 min 30 min 30 min
9 900 S 15 min 15 min 30 min 30 min
21 21
st
S 15 min 15 min 30 min 30 min
200 State St. North 15 min 15 min 30 min 30 wk/60 Sat
205 500 E 15 min 30 min 60 min 60 min
209 900 E 15 min 30 min 60 min 60 min
217 Redwood Rd.15 min 30 min 60 min 60 min
220 Highland/1300 E 15 min 30 min 60 min 30 wk./60 Sat
Images 7 (map) & 8 (table): Existing and proposed high-frequency bus routes
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NEXT STEPS:
The City Council has the final authority to make changes to the text of the Zoning Ordinance. The
recommendation of the Planning Commission for this petition will be forwarded to the City Council
for their review and decision.
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ATTACHMENT A: PETITION INITIATION
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ATTACHMENT B: PROPOSED PARKING ORDINANCE
The proposed ordinance revision is largely comprised of a re-written chapter 21A.44- Off-Street
Parking, Loading, and Mobility. However, the following related sections of code are also
proposed to be altered:
Parking design elements from the D-1, D-3, D-4, G-MU, and TSA zoning chapters have
been relocated to the proposed parking chapter with minor grammatical or other errors
corrected
Special Exception #7 (21A.52) is proposed to be eliminated
Parking garage design standards (21A.37.050.M) has been relocated to the proposed
parking chapter with minor grammatical or other errors corrected
Some of the drive-through standards found in 21A.40.060 have been relocated to the
proposed parking chapter and redundancies have been eliminated
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Chapter 21A.44:Off Street Parking,
Mobility, and Loading
December 2019
(Document format provided for convenience of Planning Commission. Adopted
format will be consistent with standard ordinance formatting)
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Table of Contents
Off Street Parking, Mobility, and Loading ............................. 1
21A.44.010 Purpose......................................................................................................................1
21A.44.020 Applicability ..............................................................................................................1
A. Amounts of Parking, Loading, and Drive-Through Facilities Required .............................................................................1
B. Location and Design...............................................................................................................................................................................2
21A.44.030 Calculation of Parking..............................................................................................2
A. Generally......................................................................................................................................................................................................2
B. Unlisted Uses..............................................................................................................................................................................................3
21A.44.040 Required Off Street Parking ....................................................................................3
A. Minimum and Maximum Parking Spaces Required ..................................................................................................................3
B. Electric Vehicle Parking.......................................................................................................................................................................18
C. Accessible Parking ................................................................................................................................................................................19
D. Bicycle Parking........................................................................................................................................................................................19
21A.44.050 Alternatives to Minimum and Maximum Parking Calculations.........................20
A. Limitations on Adjustments to Minimum Required Parking...............................................................................................20
B. Shared Parking.......................................................................................................................................................................................21
C. Proximity to Fixed-Rail Transit.........................................................................................................................................................22
D. Affordable and Senior Housing (Multi-family Structures) ...................................................................................................22
E. Car Pool and Carshare Parking........................................................................................................................................................22
F. Valet Parking Services.........................................................................................................................................................................23
G. Parking Study Demonstrating Different Parking Needs.......................................................................................................23
21A.44.060 Parking Location and Design.................................................................................24
A. Generally...................................................................................................................................................................................................24
B. Zone Specific Location and Design Standards..........................................................................................................................31
C. Recreational Vehicle Parking............................................................................................................................................................33
21A.44.070 Off Street Loading Areas........................................................................................34
A. Number and Size of Loading Areas Required...........................................................................................................................34
B. Location and Design of Loading Areas........................................................................................................................................34
21A.44.080 Drive-Through Facilities and Vehicle Stacking Areas..........................................35
A. Number of Stacking Spaces Required..........................................................................................................................................35
B. Location and Design of Drive-Through Facilities.....................................................................................................................35
21A.44.090 Modifications to Parking Areas.............................................................................36
A. Administrative Modifications...........................................................................................................................................................36
B. Special Exceptions.................................................................................................................................................................................36
21A.44.100 Use and Maintenance.............................................................................................37
A. Use of Parking Areas............................................................................................................................................................................37
B. Maintenance............................................................................................................................................................................................38
21A.44.110 Nonconforming Parking and Loading Facilities..................................................38
A. Continuation of Nonconforming Parking and Loading Facilities .....................................................................................38
B. Nonconformity Due to Governmental Acquisition.................................................................................................................38
C. Damage or Destruction......................................................................................................................................................................38
D. Legalization of Garages Converted to Residential Use.........................................................................................................38
Definitions 1
Page 21
Off Street Parking, Mobility, and
Loading
21A.44.010 Purpose
This chapter is intended to require that new development and redevelopment projects provide off street
parking and loading facilities in proportion to the parking, loading, and transportation demands of the
buildings and land uses included in those projects. This chapter is also intended to help protect the public
health, safety, and general welfare by:
A.Avoiding and mitigating traffic congestion and reducing the financial burden on taxpayer
funded roadways;
B.Providing necessary access for service and emergency vehicles;
C.Providing for safe and convenient interaction between vehicles, bicycles, and pedestrians;
D.Providing flexible methods of responding to the transportation and access demands of various
land uses in different areas of the city;
E.Reducing storm water runoff, reducing heat island effect from large expanses of pavement,
improving water quality, and minimizing dust pollution;
F.Establishing context-sensitive parking standards to reflect the current and future built
environment of neighborhoods; and
G.Avoiding and mitigating the adverse visual and environmental impacts of large concentrations
of exposed parking.
21A.44.020 Applicability
A.Amounts of Parking, Loading, and Drive-Through Facilities Required
The standards of this chapter are intended to establish: minimum and maximum amounts of vehicle
parking; minimum required bicycle parking, minimum required loading facilities, and minimum
capacity of drive-through facilities and shall apply to projects involving the activities listed below. In
some instances, other standards of this chapter provide alternatives for required compliance. Certain
exemptions are intended to encourage utilization of existing structures and preserve desirable
characteristics of locations built prior to parking requirements.
1. New Development
Unless otherwise exempted by Section 21A.44.020A.4, the standards in this chapter shall apply to
all development and land uses upon adoption of this ordinance.
2. Expansion of Use or Structure
The number of off street parking and loading spaces for the expansion of a use or structure shall
comply with the requirements of Table 21A.44.040-A:Minimum and Maximum Off Street Parking
and the standards of this chapter when:
a. One or more additional dwelling units is created; or
b. The addition to or expansion of one or more structures or uses that, when considered
together with any other expansions during the previous two-year period, would increase
the total usable floor area of the structure(s) by more than twenty-five percent (25%); or
Page 22
c. The addition to or expansion of one (1) or more structures or uses that requires conditional
use permit approval.
3. Change of Use
a. Except when located within an Urban Center or Transit Context, or as stated in subsection b
below, off street parking shall be provided pursuant to this chapter for any change of use
that increases the minimum number of required vehicle parking spaces by:
(1) More than ten (10) parking spaces; or
(2) More than twenty-five percent (25%) of the parking spaces that currently exist on-site
or on permitted off-site locations.
b. For changes in use in buildings built prior to 1944, no additional parking shall be required
beyond what is existing.
4. Exemptions from Parking Requirements
The following shall be exempt from providing the minimum parking required by Table
21A.44.040-A: Minimum and Maximum Off Street Parking, but shall comply with maximum
parking allowed and location and design standards in Section 21A.44.060 if parking is provided:
a. Lots created prior to April 12,1995 that are less than five thousand (5,000) square feet in lot
area, except those being used for single-family, two-family, and twin home dwelling uses;
b. Expansions or enlargements that increase the square footage of usable floor area of an
existing structure or parking requirements for the use by twenty-five percent (25%) or less,
provided that existing off street parking and loading areas are not removed.
B.Location and Design
Section 21A.44.060: Parking Location and Design, shall apply to all vehicle parking, bicycle parking,
loading, and drive-through facilities, regardless of whether the project is subject to the requirements
for additional parking spaces or other facilities pursuant to Section 21A.44.020A above. Parking
garages are subject to design standards found in 21A.44.060.A.16 and specific requirements of other
zoning districts found in 21A.44.060.B.
21A.44.030 Calculation of Parking
A.Generally
1.All parking and loading requirements that are based on square footage shall be calculated on the
basis of usable floor area of the subject use, unless otherwise specified in Table 21A.44.040-A:
Minimum and Maximum Off Street Parking.
2.Parking spaces shall not be counted more than once for required off-site, shared, and/or alternative
parking plans, except where the development complies with off-site, shared, and/or alternative
parking standards.
3.Parking spaces designed or designated exclusively for motorcycles, scooters, and other two wheeled
vehicles shall not count toward the number of minimum required or maximum allowed off street
parking spaces.
Page 23
4.Parking spaces intended for storage of business vehicles, such as fleet vehicles, delivery vehicles, or
vehicles on display associated with sales or rental shall not count toward the number of minimum
required or maximum allowed off street parking spaces unless otherwise stated in Table
21A.44.040-A: Minimum and Maximum Off Street Parking.
5.Parking spaces designed or designated exclusively for recreational vehicles shall not count toward the
number of minimum required or maximum allowed off street parking spaces.
6.When calculations of the number of required off street parking spaces for vehicles or bicycles result in
a fractional number, any fraction of 0.5 or larger shall be rounded up to the next higher whole
number. Calculations for more than one use in a project shall be calculated for each individual use
and may be rounded individually and added, or added then rounded as determined by the applicant.
7.Lots containing more than one (1) use may provide parking and loading based on the shared parking
calculations in section 21A.44.050BB: Shared Parking.
B.Unlisted Uses
For uses not listed in Table 21A.44.040-A: Minimum and Maximum Off Street Parking the Planning
Director is authorized to do any of the following:
1.Apply the minimum or maximum off street parking space requirement specified in Table
21A.44.040-A: Minimum and Maximum Off Street Parking, for the listed use that is deemed most
similar to the proposed use as determined by the Planning Director based on operating
characteristics, the most similar related occupancy classification, or other factors related to potential
parking demand determined by the Director.
2.Apply a minimum parking requirement of three (3) spaces per one thousand (1,000) square feet of
usable floor area for the use and a maximum parking allowance of five (5) spaces per one thousand
(1,000) square feet of useable floor area for the use.
3.Establish the minimum off street parking space and loading requirements based on a parking study
prepared by the applicant according to Section 21A.44.050F.
21A.44.040 Required Off Street Parking
A.Minimum and Maximum Parking Spaces Required
1.Unless otherwise provided in this Code, each development or land use subject to this chapter
pursuant to Section 21A.44.020 shall provide at least the minimum number, and shall not provide
more than the maximum number, of off street parking spaces required by Table 21A.44.040-A:
Minimum and Maximum Off Street Parking.
2.A parking standard shown in Table 21A.44.040-A: Minimum and Maximum Off Street Parking, is not an
indication of whether the use is allowed or prohibited in the respective zoning district or context area.
See Chapter 21A.33: Land Use Tables for allowed and prohibited uses.
3.The maximum parking limit does not apply to parking provided in parking garages, stacked or racked
parking structures, or to off-site parking that complies with all other requirements of this title.
4.The maximum parking limit does not apply to properties in the M-1, M-2, BP, or Airport zoning
districts that are located west of the centerline of Redwood Road.
Page 24
5.If a conditional use is approved by the Planning Commission in accordance with Chapter 21A.54:
Conditional Uses, and the conditional use approval states a different parking requirement than that
required by this Chapter 21A.44, and is determined necessary to mitigate a detrimental impact, then
the parking requirement in the conditional use approval shall apply.
6.All uses with vehicle stacking and/or drive-through facilities shall comply with Section 21A.44.080:
Drive-Through Facilities and Vehicle Stacking Areas, in addition to the requirements of Table
21A.44.040-A: Minimum and Maximum Off Street Parking.
7.All uses with outdoor sales, display, leasing, and/or auction areas shall also provide one-half (1/2)
parking space and no more than two (2) parking spaces per one thousand (1,000) sq. ft. of outdoor
sales, display, leasing, and/or auction area. This additional parking shall not count toward the
maximum allowed per Table 21A.44.040-A: Minimum and Maximum Off Street Parking, when a
maximum is specified.
Context Approach
Salt Lake City has a wide variety of development contexts that make any single approach to minimum and maximum
parking requirements ineffective. The parking demand for a downtown area served by transit will be much lower than
a downtown adjacent neighborhood or suburban shopping center. To ensure that minimum and maximum parking
req context areas ,
and then tailored minimum and maximum parking standards to each. The Minimum and Maximum Off Street Parking
Table below lists the specific zoning districts included in each context area. The following is a brief narrative
introducing each context area:
1. General Context: -dependent and/or
suburban in scale and parking needs. This context applies broadly to all of the zoning districts that are not
specifically listed in the other context areas.
2. Neighborhood Center: This category includes areas with small- or moderate-scale shopping, gathering, or
activity spaces, often within or adjacent to General Context areas, but that are not necessarily well served by
transit. This category includes zoning districts with pedestrian-scale development patterns, building forms, and
amenities.
3. Urban Center: This category includes zoning districts with dense, pedestrian-oriented development within more
intensely developed urban centers. The parking demand in this context is higher than in the Neighborhood
Center Context, but lower than areas with good transit service.
4. Transit Context: This category includes those zoning districts that immediately surround mass-transit facilities
and/or are in the downtown core. These areas have the lowest parking demand and may be exempt from
minimum parking requirements or be required to provide minimal off street parking.
Page 25
Table 21A.44.040-A: Minimum and Maximum Off Street Parking
DU = dwelling unit sq. ft. = square feet
Land Use
Minimum Parking Requirement
Maximum
Parking Allowed
General
Context
Neighborhood
Center Context
Urban Center
Context
Transit
Context
All zoning districts not
listed in another
context area
RB, SNB, CB, CN, R-
MU-35,
R-MU-45, SR-3,
FB-UN1, FB-SE
D-2, MU, TSA-T,
CSHBD1. CSHBD2
D-1, D-3 D-4, G-MU,
TSA-C, UI,
FB-UN2, FB-UN3, FB-
SC. R-MU
Vehicle Stacking and Drive-Through Facilities: See 21A.44.040A.6
Outdoor Sales/Display/Leasing/Auction Areas: See 21A.44.040A.7
Residential Uses
Household Living
Artists' loft/studio 1.5 spaces
per DU
1 space
per DU
0.5 spaces
per DU No Minimum No Maximum
Manufactured home
2 spaces per DU
1 space per DU No Minimum
All Contexts:
4 spaces, not
including
recreational vehicle
parking spaces
Mobile home
Single-family (attached)
Single-family (detached)
Single-family cottage
development building form 1 space per DU
Twin home 2 spaces per DU Two-family
Multi-family
Studio and 1
bedrooms: 1 space
per DU, 2+ bedrooms
1.25 space per DU
Studio and 1+
bedrooms: 1 space
per DU
Studio: No
Minimum
1 bedroom: 0.5
space per DU
2+ bedrooms: 1
space per DU
No Minimum
All Contexts:
Studio & 1 Bedroom:
2 spaces per DU
2+ bedrooms: 3
spaces per DU
Group Living
Assisted living facility 1 space for each 6 infirmary or nursing
home beds;
plus 1 space for each 4 rooming units;
plus 1 space for each 3 DU
See Table Note A
1 space for each 8
infirmary or
nursing home
beds;
plus 1 space for
each 6 rooming
units;
plus 1 space for
each 4 DU
See Table Note A
No Minimum No Maximum
Nursing care facility
Eleemosynary facility
1 space per 4
persons design
capacity;
See Table Note A
1 space per 6
persons design
capacity;
See Table Note A
1 space per 4
persons design
capacity;
See Table Note
A
No Minimum
All Contexts:
1 space per 3
persons design
capacity;
See Table Note A
Group home
Residential support
Dormitory, fraternity, sorority
1 space per 2
persons design
capacity
1 space per 3
persons design
capacity
1 space per 4
persons design
capacity
No Minimum
All Contexts:
1 space per 1
persons design
capacity
Page 26
Table 21A.44.040-A: Minimum and Maximum Off Street Parking
DU = dwelling unit sq. ft. = square feet
Land Use
Minimum Parking Requirement
Maximum
Parking Allowed
General
Context
Neighborhood
Center Context
Urban Center
Context
Transit
Context
All zoning districts not
listed in another
context area
RB, SNB, CB, CN, R-
MU-35,
R-MU-45, SR-3,
FB-UN1, FB-SE
D-2, MU, TSA-T,
CSHBD1. CSHBD2
D-1, D-3 D-4, G-MU,
TSA-C, UI,
FB-UN2, FB-UN3, FB-
SC. R-MU
Vehicle Stacking and Drive-Through Facilities: See 21A.44.040A.6
Outdoor Sales/Display/Leasing/Auction Areas: See 21A.44.040A.7
Rooming (boarding) house 1 space per 2 guest
rooms
1 space per 3
guest rooms
1 space per 4
guest rooms No Minimum No Maximum
Single room occupancy 0.5 spaces per unit 0.25 spaces per
unit No Minimum No Maximum
Public, Institutional, and Civic Uses
Community and Cultural Facilities
Art gallery
1 space per 1,000 sq. ft. 0.5 spaces per
1,000 sq. ft. No Minimum
All Contexts:
2 spaces per 1,000
sq. ft.
Studio, Art
Exhibition hall
Museum
Crematorium
2 spaces per 1,000 sq. ft.
1 spaces per
1,000 sq. ft. No Minimum No Maximum
Daycare center, adult
Daycare center, child
Homeless resource center
Library
Community correctional
facility, 3 spaces per 1,000
sq. ft.
2.5 spaces per
1,000 sq. ft. Community recreation center
Jail
Government facility
3 spaces per 1,000 sq. ft. of office area
1 spaces per
1,000 sq. ft. of
office area
No Minimum No Maximum Social service mission and
charity dining hall
Municipal service use,
including city utility use and
police and fire station
2 spaces per 1,000 sq. ft. of office area,
plus 1 space per service vehicle
1 space per
1,000 sq. ft. of
office area, plus
1 space per
service vehicle
No Minimum No Maximum
Club/lodge 1 space per 6 seats
in main assembly
area
1 space per 8
seats in main
assembly area
1 space per 10
seats in main
assembly area
No Minimum
All Contexts:
1 space per 4 seats
in main assembly
area
Meeting hall of membership
organization
Convent/monastery
1 space per 4
persons design
capacity
1 space per 6
persons design
capacity
1 space per 8
persons design
capacity
No Minimum No Maximum
Page 27
Table 21A.44.040-A: Minimum and Maximum Off Street Parking
DU = dwelling unit sq. ft. = square feet
Land Use
Minimum Parking Requirement
Maximum
Parking Allowed
General
Context
Neighborhood
Center Context
Urban Center
Context
Transit
Context
All zoning districts not
listed in another
context area
RB, SNB, CB, CN, R-
MU-35,
R-MU-45, SR-3,
FB-UN1, FB-SE
D-2, MU, TSA-T,
CSHBD1. CSHBD2
D-1, D-3 D-4, G-MU,
TSA-C, UI,
FB-UN2, FB-UN3, FB-
SC. R-MU
Vehicle Stacking and Drive-Through Facilities: See 21A.44.040A.6
Outdoor Sales/Display/Leasing/Auction Areas: See 21A.44.040A.7
Funeral home
1 space per 4 seats
in main assembly
area
1 space per 5
seats in main
assembly area
1 space per 6
seats in main
assembly area
No Minimum
Urban Center and
Transit Center
Context: 2 spaces
per 4 seats in main
assembly areas
Neighborhood
Center and General
Context: No
maximum
Place of worship 1 space per 6 seats
or 1 space per 300
sq. ft., whichever is
less
1 space per 8
seats or 1 space
per 400 sq. ft.,
whichever is less
1 space per 10
seats or 1 space
per 500 sq. ft.,
whichever is
less
No Minimum
All Contexts:
1 space per 3.5
seats or 1 space per
200 sq. ft.,
whichever is
greater
Fairground See Table Note B No Maximum
Philanthropic use See Table Note B
All Contexts:
2 spaces per 1,000
sq. ft. of office, plus
1 space per 6 seats
in assembly areas
Zoological park See Table Note B
No Maximum
Ambulance service
Cemetery
No Minimum Plazas
Park
Open space
Educational Facilities
College and university
2 spaces per 1,000
sq. ft. office,
research, and
library area, plus 1
space per 6 seats in
assembly areas
1 space per 1,000 sq. ft. office,
research, and library area, plus 1
space per 10 seats in assembly areas
No Minimum All Contexts:
4 spaces per 1,000
sq. ft.
K - 12 private Elementary or Middle: 1 space per 20 students design
capacity
High Schools: 1 space per 8 students design capacity K - 12 public
Dance/music studio
3 spaces per 1,000
sq. ft.
2.5 spaces per
1,000 sq. ft.
1 space per
1,000 sq. ft. Music conservatory
Professional and vocational
Page 28
Table 21A.44.040-A: Minimum and Maximum Off Street Parking
DU = dwelling unit sq. ft. = square feet
Land Use
Minimum Parking Requirement
Maximum
Parking Allowed
General
Context
Neighborhood
Center Context
Urban Center
Context
Transit
Context
All zoning districts not
listed in another
context area
RB, SNB, CB, CN, R-
MU-35,
R-MU-45, SR-3,
FB-UN1, FB-SE
D-2, MU, TSA-T,
CSHBD1. CSHBD2
D-1, D-3 D-4, G-MU,
TSA-C, UI,
FB-UN2, FB-UN3, FB-
SC. R-MU
Vehicle Stacking and Drive-Through Facilities: See 21A.44.040A.6
Outdoor Sales/Display/Leasing/Auction Areas: See 21A.44.040A.7
Professional and vocational
(with outdoor activities)
Seminary and religious
institute
Healthcare Facilities
Clinic (medical, dental) 4 spaces per 1,000 sq. ft. 1 space per
1,000 sq. ft.
No Minimum
All Contexts: 6
spaces per 1,000
sq. ft
Blood donation center 3 spaces per 1,000 sq. ft. 1 space per
1,000 sq. ft.
Transit and Urban
Center Context: 3
spaces per 1,000
sq. ft
Neighborhood
Center and General
Context: 6 spaces
per 1,000 sq. ft.
Hospital 1 space per 3 patient beds design
capacity
1 space per 2
patient beds
design capacity
All Contexts:
1 space per 2
patient beds design
capacity
Hospital, including accessory
lodging facility
Commercial Uses
Agricultural and Animal Uses
Greenhouse
2 spaces per 1,000 sq. ft. 1 space per
1,000 sq. ft.
No Minimum Transit and Urban
Center Context: 2
spaces per 1,000
sq. ft
Neighborhood
Center and General
Context: No
Maximum
Kennel
Pound
Veterinary office
Cremation service, animal
1 space per 1,000 sq. ft.
Kennel on lots of 5 acres or
larger
Poultry farm or processing
plant
Raising of furbearing animals
Slaughterhouse
Agricultural use
No Minimum
Community garden
Farmer's market
Grain elevator
Pet cemetery
Page 29
Table 21A.44.040-A: Minimum and Maximum Off Street Parking
DU = dwelling unit sq. ft. = square feet
Land Use
Minimum Parking Requirement
Maximum
Parking Allowed
General
Context
Neighborhood
Center Context
Urban Center
Context
Transit
Context
All zoning districts not
listed in another
context area
RB, SNB, CB, CN, R-
MU-35,
R-MU-45, SR-3,
FB-UN1, FB-SE
D-2, MU, TSA-T,
CSHBD1. CSHBD2
D-1, D-3 D-4, G-MU,
TSA-C, UI,
FB-UN2, FB-UN3, FB-
SC. R-MU
Vehicle Stacking and Drive-Through Facilities: See 21A.44.040A.6
Outdoor Sales/Display/Leasing/Auction Areas: See 21A.44.040A.7
Stable
Stockyard
Urban farm
Botanical garden See Table Note B
Recreation and Entertainment
Auditorium
1 space per 4 seats
in assembly areas
1 space per 6
seats in assembly
areas
1 space per 8
seats in
assembly areas
No Minimum
All Contexts:
1 space per 3 seats
in assembly areas
Theater, live performance
Theater, movie
Amphitheater
See Table Note B
Athletic Field
Stadium
Tennis court (principal use) 2 spaces per court
No Minimum
Transit and Urban
Center Context: 2
spaces per court or
lane
Neighborhood
Center and General
Context: No
Maximum
Bowling 2 spaces per lane
Convention center
1 space per 1,000 sq. ft.
No Minimum
All Contexts:
3 spaces per 1,000
sq. ft. Swimming pool, skating rink or
natatorium
Health and fitness facility
2 spaces per 1,000 sq. ft. 1 space per
1,000 sq. ft.
All Contexts:
4 spaces per 1,000
sq. ft.
Performing arts production
facility
Reception center
Recreation (indoor) 3 spaces per 1,000 sq.
ft.
2 spaces per 1,000
sq. ft.
Recreational vehicle park
(minimum 1 acre) 1 space per designated camping or RV spot
No Maximum Amusement park See Table Note B
Recreation (outdoor) See Table Note B
Food and Beverage Services
Brewpub
Indoor tasting/seating area: 2 spaces per
1,000 sq. ft.;
Outdoor tasting/seating area:
Indoor
tasting/seating No Minimum
Transit and Urban
Center Context: 5
spaces per 1,000
Page 30
Table 21A.44.040-A: Minimum and Maximum Off Street Parking
DU = dwelling unit sq. ft. = square feet
Land Use
Minimum Parking Requirement
Maximum
Parking Allowed
General
Context
Neighborhood
Center Context
Urban Center
Context
Transit
Context
All zoning districts not
listed in another
context area
RB, SNB, CB, CN, R-
MU-35,
R-MU-45, SR-3,
FB-UN1, FB-SE
D-2, MU, TSA-T,
CSHBD1. CSHBD2
D-1, D-3 D-4, G-MU,
TSA-C, UI,
FB-UN2, FB-UN3, FB-
SC. R-MU
Vehicle Stacking and Drive-Through Facilities: See 21A.44.040A.6
Outdoor Sales/Display/Leasing/Auction Areas: See 21A.44.040A.7
Restaurant
2 spaces per 1,000 sq. ft. area: 2 spaces
per 1,000 sq. ft.;
Outdoor
tasting/seating
area:
1 space per
1,000 sq. ft.
sq. ft indoor
tasting/seating area
Neighborhood
Center and General
Context: 7 spaces
per 1,000 sq. ft.
indoor
tasting/seating area
All Contexts:
Outdoor tasting/
seating area:
4 spaces per 1,000
sq. ft.
Tavern
Social club
1 space per 6 seats
in main assembly
area, or 1 space per
300 sq. ft.,
whichever is less
1 space per 8
seats in main
assembly area, or
1 space per 400
sq. ft., whichever
is less
1 space per 10
seats in main
assembly area,
or 1 space per
500 sq. ft.,
whichever is
less
No Minimum
All Contexts:
1 space per 4 seats
in main assembly
area, or 1 space per
200 sq. ft.,
whichever is
greater
Office, Business, and Professional
Services
Check cashing/payday loan
business
2 spaces per 1,000 sq. ft.
1 space per
1,000 sq. ft. No Minimum
General Context:
4 spaces per 1,000
Neighborhood
Center Context:
3 spaces per 1,000
Urban Center and
Transit Center
Contexts:
2 spaces per 1,000
Dental laboratory/ research
facility
Financial institution
Research and laboratory
facilities
Office (excluding medical and
dental clinic and office)
3 spaces per 1,000
sq. ft.
2 spaces per 1,000
sq. ft.
Retail Sales & Services
Photo finishing lab
No Minimum 1 space per
1,000 sq. ft.
No Minimum
Transit and Urban
Center Contexts: 2
spaces per 1,000
sq. ft.
Electronic repair shop
Furniture repair shop
Upholstery shop
Page 31
Table 21A.44.040-A: Minimum and Maximum Off Street Parking
DU = dwelling unit sq. ft. = square feet
Land Use
Minimum Parking Requirement
Maximum
Parking Allowed
General
Context
Neighborhood
Center Context
Urban Center
Context
Transit
Context
All zoning districts not
listed in another
context area
RB, SNB, CB, CN, R-
MU-35,
R-MU-45, SR-3,
FB-UN1, FB-SE
D-2, MU, TSA-T,
CSHBD1. CSHBD2
D-1, D-3 D-4, G-MU,
TSA-C, UI,
FB-UN2, FB-UN3, FB-
SC. R-MU
Vehicle Stacking and Drive-Through Facilities: See 21A.44.040A.6
Outdoor Sales/Display/Leasing/Auction Areas: See 21A.44.040A.7
Radio, television station 3 spaces per 1,000
sq. ft.
2 spaces per 1,000
sq. ft.
1 space per
1,000 sq. ft.
Neighborhood
Center and General
Context: 3 spaces
per 1,000 sq. ft.
Store, Convenience 3 spaces per 1,000
sq. ft.
2 spaces per 1,000
sq. ft.
1.5 spaces per
1,000 sq. ft.
No Minimum
Transit and Urban
Center Contexts: 2
spaces per 1,000
sq. ft.
Neighborhood
Center: 3 spaces
per 1,000 sq. ft.
General Context: 5
spaces per 1,000
sq. ft.
Auction, Indoor
2 spaces per 1,000
sq. ft.
1.5 spaces per
1,000 sq. ft.
1 space per
1,000 sq. ft.
Transit Context: 2
spaces per 1,000
sq. ft.
Urban Center and
Neighborhood
Center Context: 3
spaces per 1,000
sq. ft.
General Context: 4
spaces per 1,000
sq. ft.
Store, Department
Fashion oriented development
Flea market (indoor)
Flea market (outdoor)
Store, Mass merchandising
Store, Pawn shop
Store, Specialty
Retail goods establishment
Retail service establishment
Store, Superstore and
hypermarket
Store, Warehouse club
Page 32
Table 21A.44.040-A: Minimum and Maximum Off Street Parking
DU = dwelling unit sq. ft. = square feet
Land Use
Minimum Parking Requirement
Maximum
Parking Allowed
General
Context
Neighborhood
Center Context
Urban Center
Context
Transit
Context
All zoning districts not
listed in another
context area
RB, SNB, CB, CN, R-
MU-35,
R-MU-45, SR-3,
FB-UN1, FB-SE
D-2, MU, TSA-T,
CSHBD1. CSHBD2
D-1, D-3 D-4, G-MU,
TSA-C, UI,
FB-UN2, FB-UN3, FB-
SC. R-MU
Vehicle Stacking and Drive-Through Facilities: See 21A.44.040A.6
Outdoor Sales/Display/Leasing/Auction Areas: See 21A.44.040A.7
Retail shopping center over
55,000 sq. ft. usable floor area
Up to 100,000 sq. ft. : 2. spaces per 1,000
sq. ft. .
Above 100,000 sq. ft. :
sq. ft. 1.5 spaces per 1,000 sq. ft.
Up to 100,000
sq. ft. : 1.5
spaces per
1,000 sq. ft. .
Above 100,000
sq. ft. :
1.25 spaces per
1,000 sq. ft.
Transit and Urban
Center Contexts: up
to 100,000 sq. ft.: 2
spaces per 1,000
sq. ft., above
100,000 sq. ft.: 1.75
spaces per 1,000
sq. ft.
Neighborhood
Center and General
Context: Up to
100,000 sq. ft.: 3
spaces per 1,000
sq. ft.,
above 100,000 sq.
ft.: 2.5 spaces per
1,000 sq. ft.
Plant and garden shop with
outdoor retail sales area
2 spaces per 1,000
sq. ft.
1.5 spaces per
1,000 sq. ft.
1 space per
1,000 sq. ft.
Transit and Urban
Center Contexts:
1.5 spaces per
1,000 sq. ft.
Neighborhood
Center: 2 spaces
per 1,000 sq. ft.
General Context: 3
spaces per 1,000
sq. ft.
Lodging Facilities
Bed and breakfast
1 space per guest bedroom 0.5 spaces per
guest bedroom No Minimum
All Contexts:
1.25 spaces per
guest bedroom
Hotel/motel
All Contexts:
1.5 spaces per
guest bedroom
Vehicles and Equipment
Vehicle Auction 2 spaces per 1,000 sq. ft. of office area
plus 1 space per service bay
1 space per
1,000 sq. ft. of
office area plus
1 space per
service bay
No Minimum No Maximum
Automobile part sales No Minimum All Contexts:
Page 33
Table 21A.44.040-A: Minimum and Maximum Off Street Parking
DU = dwelling unit sq. ft. = square feet
Land Use
Minimum Parking Requirement
Maximum
Parking Allowed
General
Context
Neighborhood
Center Context
Urban Center
Context
Transit
Context
All zoning districts not
listed in another
context area
RB, SNB, CB, CN, R-
MU-35,
R-MU-45, SR-3,
FB-UN1, FB-SE
D-2, MU, TSA-T,
CSHBD1. CSHBD2
D-1, D-3 D-4, G-MU,
TSA-C, UI,
FB-UN2, FB-UN3, FB-
SC. R-MU
Vehicle Stacking and Drive-Through Facilities: See 21A.44.040A.6
Outdoor Sales/Display/Leasing/Auction Areas: See 21A.44.040A.7
Automobile and truck repair
sales/rental and service
2 spaces per 1,000 sq. ft. of indoor
sales/leasing/office area plus 1 space per
service bay
1 space per
1,000 sq. ft. of
indoor
sales/leasing/
office area plus
1 space per
service bay
3 spaces per 1,000
sq. ft. of indoor
sales/leasing/ office
area, plus 1 space
per service bay
Boat/recreational vehicle sales
and service (indoor)
Equipment rental (indoor
and/or outdoor)
Equipment, heavy (rental,
sales, service)
Manufactured/mobile home
sales and service
Recreational vehicle (RV) sales
and service
Truck repair sales and rental
(large)
Car wash
No Minimum
Transit and Urban
Center Contexts: 1
space per 1,000 sq.
ft.
Neighborhood
Center: 2 spaces
per 1,000 sq. ft.
General Context: 5
spaces per 1,000
sq. ft.
Car wash as accessory use to
gas station or convenience
store that sells gas
Gas station 2 spaces per 1,000
sq. ft.
2 spaces per 1,000
sq. ft. No Minimum
General Context:
5 spaces per 1,000 sq.
ft.
Neighborhood Center
Context:
3 spaces per 1,000 sq.
ft.
Urban Center
Context:
1 space per 1,000 sq.
ft.
Bus line yard and repair
facility
1 space per 1,000 sq. ft. , plus 1 space per commercial fleet
vehicle No Minimum No Maximum Impound lot
Limousine service
Taxicab facility
Page 34
Table 21A.44.040-A: Minimum and Maximum Off Street Parking
DU = dwelling unit sq. ft. = square feet
Land Use
Minimum Parking Requirement
Maximum
Parking Allowed
General
Context
Neighborhood
Center Context
Urban Center
Context
Transit
Context
All zoning districts not
listed in another
context area
RB, SNB, CB, CN, R-
MU-35,
R-MU-45, SR-3,
FB-UN1, FB-SE
D-2, MU, TSA-T,
CSHBD1. CSHBD2
D-1, D-3 D-4, G-MU,
TSA-C, UI,
FB-UN2, FB-UN3, FB-
SC. R-MU
Vehicle Stacking and Drive-Through Facilities: See 21A.44.040A.6
Outdoor Sales/Display/Leasing/Auction Areas: See 21A.44.040A.7
Tire distribution
retail/wholesale
Adult Entertainment Establishments
Sexually oriented business 3 spaces per 1,000 sq. ft. 1 space per
1,000 sq. ft. No Minimum
All Contexts:
5 spaces per 1,000
sq. ft.
Transportation Uses
Airport Determined by Airport Authority No Maximum Heliport
Bus line station/terminal
No Minimum
Urban Center and
Transit Contexts:
2 spaces per 1,000
sq. ft.
Neighborhood
Center and General
Context: 1 space
per 150 average
daily passenger
boardings
Intermodal transit passenger
hub
Railroad, passenger station
Transportation terminal,
including bus, rail and
trucking
Railroad, repair shop 1 space per 1,000 sq. ft. , plus 1 space per fleet vehicle
generally stored on-site No Minimum
No Maximum Truck freight terminal
Railroad, freight terminal
facility No Minimum
Industrial Uses
Manufacturing and
Processing
Artisan food production
1 space per 1,000 sq. ft. of production
area, plus 2 spaces per 1,000 sq. ft. of
office/retail
0.5 spaces per
1,000 sq. ft. of
production
area, plus 1.5
spaces per
1,000 sq. ft. of
office/retail
No Minimum
Transit and Urban
Center Contexts: 1
space per 1,000 sq.
ft. of production
area, plus 2 spaces
per 1,000 sq. ft. of
office/retail
Page 35
Table 21A.44.040-A: Minimum and Maximum Off Street Parking
DU = dwelling unit sq. ft. = square feet
Land Use
Minimum Parking Requirement
Maximum
Parking Allowed
General
Context
Neighborhood
Center Context
Urban Center
Context
Transit
Context
All zoning districts not
listed in another
context area
RB, SNB, CB, CN, R-
MU-35,
R-MU-45, SR-3,
FB-UN1, FB-SE
D-2, MU, TSA-T,
CSHBD1. CSHBD2
D-1, D-3 D-4, G-MU,
TSA-C, UI,
FB-UN2, FB-UN3, FB-
SC. R-MU
Vehicle Stacking and Drive-Through Facilities: See 21A.44.040A.6
Outdoor Sales/Display/Leasing/Auction Areas: See 21A.44.040A.7
Bakery, commercial
Neighborhood
Center and General
Context: 2 spaces
per 1,000 sq. ft. of
production area,
plus 3 spaces per
1,000 sq. ft. of
office/retail
Automobile salvage and
recycling (outdoor) 1 space per 1,000 sq. ft. of office
0.5 space per
1,000 sq. ft. of
office
No Minimum
All Contexts: 7
spaces per 1,000
sq. ft. of
office/retail Processing center (outdoor)
Automobile salvage and
recycling (indoor)
1 space per 1,000 sq. ft.
No Minimum
No Maximum
Blacksmith shop
Bottling plant
Brewery/Small Brewery
Chemical manufacturing
and/or storage
Commercial food preparation
Distillery
Drop forge industry
Explosive manufacturing and
storage
Food processing
Heavy manufacturing
Incinerator, medical
waste/hazardous waste
Industrial assembly
Jewelry fabrication
Laundry, commercial
Light manufacturing
Manufacturing and processing,
food
Paint manufacturing No Minimum Printing plant
Page 36
Table 21A.44.040-A: Minimum and Maximum Off Street Parking
DU = dwelling unit sq. ft. = square feet
Land Use
Minimum Parking Requirement
Maximum
Parking Allowed
General
Context
Neighborhood
Center Context
Urban Center
Context
Transit
Context
All zoning districts not
listed in another
context area
RB, SNB, CB, CN, R-
MU-35,
R-MU-45, SR-3,
FB-UN1, FB-SE
D-2, MU, TSA-T,
CSHBD1. CSHBD2
D-1, D-3 D-4, G-MU,
TSA-C, UI,
FB-UN2, FB-UN3, FB-
SC. R-MU
Vehicle Stacking and Drive-Through Facilities: See 21A.44.040A.6
Outdoor Sales/Display/Leasing/Auction Areas: See 21A.44.040A.7
Processing center (indoor)
Recycling
Sign painting/ fabrication
Studio, motion picture
Welding shop
Winery
Woodworking mill
Collection station
No Minimum
Concrete and/or asphalt
manufacturing
Extractive industry
Manufacturing, concrete or
asphalt
Refinery, petroleum products
Storage and Warehousing
Air cargo terminals and
package delivery facility
1 space per 1,000 sq. ft. , plus 1 space per fleet vehicle
generally stored on-site
No Maximum
Building materials
distribution
Flammable liquids or gases,
heating fuel distribution and
storage
Package delivery facility
Warehouse
Warehouse, accessory to retail
and wholesale business
(maximum 5,000 square foot
floor plate)
Wholesale distribution
Storage, self 2 spaces per 1,000 sq. ft. of office area,
plus 1 space per 30 storage units
2 spaces per
1,000 sq. ft. of
office
All Contexts: 1
space for every 15
storage units
Contractor's yard/office 2 spaces per 1,000 sq. ft. of office area
All Contexts: 3
spaces per 1,000
sq. ft. of office area
Rock, sand and gravel storage
and distribution No Minimum No Maximum
Storage (outdoor)
Page 37
Table 21A.44.040-A: Minimum and Maximum Off Street Parking
DU = dwelling unit sq. ft. = square feet
Land Use
Minimum Parking Requirement
Maximum
Parking Allowed
General
Context
Neighborhood
Center Context
Urban Center
Context
Transit
Context
All zoning districts not
listed in another
context area
RB, SNB, CB, CN, R-
MU-35,
R-MU-45, SR-3,
FB-UN1, FB-SE
D-2, MU, TSA-T,
CSHBD1. CSHBD2
D-1, D-3 D-4, G-MU,
TSA-C, UI,
FB-UN2, FB-UN3, FB-
SC. R-MU
Vehicle Stacking and Drive-Through Facilities: See 21A.44.040A.6
Outdoor Sales/Display/Leasing/Auction Areas: See 21A.44.040A.7
Storage and display
(outdoor)
Storage, public (outdoor)
Public and Semi-Public Utility Uses
Utility: Building or structure
No Minimum No Maximum
Antenna, communication
tower
Antenna, communication
tower, exceeding the
maximum building height in
the zone
Large wind energy system
Solar array
Utility: Electric generation
facility
Utility: Sewage treatment
plant
Utility: Solid waste transfer
station
Utility: Transmission wire, line,
pipe or pole
Wireless telecommunications
facility
Accessory Uses
Accessory Dwelling Unit See Section 21A.40.200: Accessory Dwelling Units
Accessory guest and servant's
quarter 1 space per DU
No Minimum
All Contexts: 4
spaces per DU Living quarter for caretaker or
security guard
Retail, sales and service
accessory use when located
within a principal building
2 spaces per 1,000 1 space per
1,000
Transit and Urban
Center Contexts: 2
spaces per 1,000
sq. ft.
Neighborhood
Center: 3 spaces
per 1,000 sq. ft.
General Context: 4
spaces per 1,000
sq. ft.
Retail, sales and service
accessory use when located
within a principal building and
operated primarily for the
convenience of employees
No Minimum
Page 38
Table 21A.44.040-A: Minimum and Maximum Off Street Parking
DU = dwelling unit sq. ft. = square feet
Land Use
Minimum Parking Requirement
Maximum
Parking Allowed
General
Context
Neighborhood
Center Context
Urban Center
Context
Transit
Context
All zoning districts not
listed in another
context area
RB, SNB, CB, CN, R-
MU-35,
R-MU-45, SR-3,
FB-UN1, FB-SE
D-2, MU, TSA-T,
CSHBD1. CSHBD2
D-1, D-3 D-4, G-MU,
TSA-C, UI,
FB-UN2, FB-UN3, FB-
SC. R-MU
Vehicle Stacking and Drive-Through Facilities: See 21A.44.040A.6
Outdoor Sales/Display/Leasing/Auction Areas: See 21A.44.040A.7
Warehouse, accessory 0.5 spaces per 1,000 sq. ft. of warehouse/wholesale No Minimum
No Maximum
Accessory use, except those
that are otherwise specifically
regulated elsewhere in this
title No Minimum Heliport, accessory
Reverse vending machine
Storage, accessory (outdoor)
Temporary Uses
Mobile food business
(operation in public right-of-
way)
No minimum, unless required by temporary use permit or as determined by the
Zoning Administrator No Maximum
Mobile food business
(operation on private
property)
Mobile food court
Vending cart, private
property
Vending cart, public property
Farm stand, seasonal
Table Notes:
A. Facilities that are (a)
occupy a building originally constructed for another residential use shall have the same parking requirements as the residential
use for which the building was constructed.
B. Parking requirements to be determined by Transportation Director based on considerations of factors such as estimated facility
use, vehicle traffic to the facility, transit use to the facility, potential traffic congestion, and likelihood of overflow parking in
surrounding neighborhoods.
B.Electric Vehicle Parking
Each multi-family use shall provide a minimum of one (1) parking space dedicated to electric vehicles
for every twenty five (25) parking spaces provided on-site. Electric vehicle parking spaces shall count
toward the minimum required number of parking spaces. The electric vehicle parking space shall be:
1.Located in the same lot as the principal use;
2.Located as close to a primary entrance of the principal building as possible;
3.Signed in a clear and conspicuous manner, such as special pavement marking or signage, indicating
exclusive availability to electric vehicles; and
Page 39
4.Outfitted with a standard electric vehicle charging station.
C.Accessible Parking
1.The number and design of accessible (ADA) parking spaces shall be pursuant to the standards
provided in the Salt Lake City Off-Street Parking Standards Manual.
2.Parking areas with four (4) or fewer vehicle parking spaces are not required to identify an accessible
parking space; however, if parking is provided, a minimum of one (1) parking space shall comply with
the ADA standard dimensions.
3.The number of required accessible spaces shall be based on the total number of vehicle spaces
provided to serve the principal uses, as shown below in Table 21A.44.040-B: Accessible Parking
Required
Table 21A.44.040-B: Accessible Parking Required
Off Street Parking Spaces Provided Minimum Required Accessible Spaces
1 to 100 1 per 25 parking spaces
101 to 500 1 per 50 parking spaces
501 to 1,000 2 percent of total number of parking spaces
1,001 and more 20, plus 1 for each 100 parking spaces over 1,000
D.Bicycle Parking
1. Applicability
The following regulations apply to all uses except for single-family, two-family, and twin home
residential uses and nonresidential uses having less than one thousand square feet (1,000 sq. ft.)
of usable floor area.
2. Calculation of Mimimum Required Bicycle Parking Spaces31
The number of required bicycle spaces shall be based on the use within the defined parking
contexts as shown in Table 21A.44.040-C: Minimum Bicycle Parking Requirements, unless another
City standard requires a different number of bicycle parking spaces for a specific use, in which
case the use-specific bicycle parking standard shall apply.
Table 21A.44.040-C: Minimum Bicycle Parking Requirements*
(Calculation of Bicyle Parking Spaces to be Provided per Residential Unit or Based on
Usable Floor Area)
Use
General
Context
Neighborhood
Center Context
Urban Center
Context
Transit
Context
All zoning districts
not listed in another
context area
RB, SNB, CB, CN,
CSHBD2, R-MU-35,
R-MU-45, SR-3,
FB-UN1, FB-SE
D-2, D-3, MU,
TSA-T, CSHBD1
D-1, D-4, G-MU,
TSA-C, UI, FB-UN2,
FB-SC, R-MU
Residential Uses 1 per 5 units 1 per 4 units 1 per 3 units 1 per 2 units
Page 40
Table 21A.44.040-C: Minimum Bicycle Parking Requirements*
(Calculation of Bicyle Parking Spaces to be Provided per Residential Unit or Based on
Usable Floor Area)
Use
General
Context
Neighborhood
Center Context
Urban Center
Context
Transit
Context
All zoning districts
not listed in another
context area
RB, SNB, CB, CN,
CSHBD2, R-MU-35,
R-MU-45, SR-3,
FB-UN1, FB-SE
D-2, D-3, MU,
TSA-T, CSHBD1
D-1, D-4, G-MU,
TSA-C, UI, FB-UN2,
FB-SC, R-MU
Public, Institutional,
and Civic Uses 1 per 10,000 sq. ft. 1 per 5,000 sq. ft. 1 per 5,000 sq. ft. 1 per 3,000 sq. ft.
Commercial Uses 1 per 20,000 sq. ft. 1 per 5,000 sq. ft 1 per 4,000 sq. ft. 1 per 2,000 sq. ft.
Industrial Uses No requirement No requirement No requirement No Requirement
*For all uses: In determining the minimum number of bicycle parking spaces required, fractional spaces are rounded to
the nearest whole number, with one-half counted as an additional space
3. Building Expansions or Changes of Use
Building expansions or changes of use that require additional vehicle parking spaces pursuant to
section 21A.44.020 and section 21A.44.040 shall provide additional bicycle parking spaces based
on the calculations in Table 21A.44.040-C: Minimum Bicycle Parking Requirements for the entire
use.
4. Secure/Enclosed Bicycle Parking
Each one (1) bicycle parking space that is within a secure/enclosed bicycle parking facility may be
used to satisfy the requirement of two (2) required bicycle parking spaces.
5. Existing Public Bicycle Parking Facilities
Permanent public bicycle racks or bike corrals located within fifty feet (50') of the primary
entrance to the principal building may be used to satisfy up to two (2) required bicycle parking
spaces.
6. Accessory and Temporary Uses
No bicycle parking spaces are required for accessory or temporary uses.
21A.44.050 Alternatives to Minimum and Maximum Parking
Calculations
The amount of off street vehicle parking required pursuant to Table 21A.44.040-A: Minimum and
Maximum Off Street Parking, may be adjusted by the factors listed in this section. These adjustments may
be applied as part of the calculation of parking requirements and do not require discretionary approval by
the City.
A.Limitations on Adjustments to Minimum Required Parking
The adjustments listed in sections 21A.44.050B.B through 21A.44.050F.H may be used in any
combination, but shall not be combined to reduce the minimum required parking established in
Table 21A.44.040-A: Minimum and Maximum Off Street Parking by more than forty percent (40%).
Page 41
B.Shared Parking
1. Shared Parking for Two or More Uses
a. Where two (2) or more uses listed in Table 21A.44.040-A: Minimum and Maximum Off
Street Parking share a parking garage or parking lot that is located on one of the properties
that is sharing parking, or is located within the maximum permitted distance of all of the
properties sharing parking shown in Table 21A.44.060-B: Maximum Distances for Off-Site
Parking, the total minimum off street parking requirement for those uses may be reduced
by the factors shown in Table 21A.44.050-A: Shared Parking Reduction Factors.
b. The minimum number of off street parking spaces shall be the sum of the parking
requirements for the uses divided by the factor shown in Table 21A.44.050-A: Shared
Parking Reduction Factors for that combination of uses.
Example: If a 5,000 square foot art gallery shared a parking lot with a 5,000 square foot
retail goods establishment, and a 100 unit multi-family residential use in the Urban Center
Context, the minimum off street parking required would be calculated as follows:
Use 1: Art Gallery
0.5 per 1,000 sq. ft. x (5,000 sq. ft.) = 3 parking spaces
Use 2: Retail Goods Establishment
1 per 1,000 sq. ft. x (5,000 sq. ft.) = 5 parking spaces
Use 3: Multi-Family Residential
0 per studio unit x (20 studio units) = 0 parking spaces
0.5 per 1 bedroom unit x (36 1 bedroom units) = 18 parking spaces
1 per 2+ bedroom units x (44 2+ bedroom units) = 44 parking spaces
0+18+44 = 62 parking spaces
Sum of two largest minimum parking requirements:
5 (retail goods establishment)+ 62 (multi-family) = 67 parking spaces
Reduction Factor (two largest minimums):
67 ÷ 1.2 reduction factor = 55.8 or 56 parking spaces
Add Remaining Minimum(s):
56 (retail & multi-family) + 3 (art gallery) = 59 parking spaces required
Table 21A.44.050-A: Shared Parking Reduction Factors
Property Use Multi-Family
Residential
Public,
Institutional, or
Civic
Food and
Beverage,
Recreation and
Entertainment,
or Lodging
Retail
Sales
Other Non-
Residential
Multi-Family Residential [1]
Public, Institutional and Civic 1.1
Page 42
Food and Beverage, Recreation
and Entertainment, or Lodging 1.1 1.2
Retail Sales 1.2 1.3 1.3
Other Non-Residential 1.3 1.5 1.7 1.2
[1] Applies to multi-family residential, assisted living facility (large), group home (large), and residential support (large)
uses
2. Documentation Required
a. The owners of record involved in the joint use of shared parking shall submit written
documentation of the continued availability of the shared parking arrangement to the
Transportation Director for review.
b. The Director shall approve the shared parking arrangement if the Director determines that
the documentation demonstrates the continued availability of the shared parking facility
for a reasonable period of time. No zoning or use approval shall be issued until the
Director has approved the shared parking documentation.
c. If the shared parking arrangement is later terminated or modified and the Director
determines that the termination or modification has resulted in traffic congestion, overflow
parking in residential neighborhoods, or threats to pedestrian, bicycle, or vehicle safety, the
property owners involved in the shared parking arrangement may be held in violation of
this chapter.
C.Proximity to Fixed-Rail Transit
Required parking for a development located within one-quarter mile (when measured radially in a
straight line from the subject property line) of a fixed-rail transit station platform in the General
Context, Neighborhood Center Context, and Urban Center Context areas may be reduced by up to
twenty-five percent (25%). This shall not apply to single or two-family uses including: single-family
(attached or detached), twin homes, or two-family.
D.Affordable and Senior Housing (Multi-family Structures)
The minimum number of required off street parking spaces for multi-family residential developments
with at least ten (10) dwelling units may be reduced by twenty-five percent (25%) if the multi-family
development has:
1.A minimum of twenty-five percent (25%) of the dwelling units are restricted to residents with no
greater than sixty percent (60%) area median income (AMI) for leased units; or
2.A minimum of thirty-five percent (35%) of the dwelling units are restricted to residents with no
greater than eighty percent (80%) AMI for sale units; or
3.A minimum of seventy-five percent (75%) of the dwelling units are restricted to persons sixty-five
(65) years of age or older.
For a development that meets any of the scenarios above, an additional reduction of up to fifteen
percent (15%) may be allowed when the development is located within one-quarter mile (when
measured radially in a straight line from the subject property line) of a bus stop that is serviced by the
same route at least every fifteen (15) minutes during daytime hours, Monday - Saturday.
Page 43
E.Car Pool and Carshare Parking
1.For parking lots with one hundred (100) or more parking spaces, each off street parking space
designated and signed for the exclusive use of a shared car pool vehicle shall count as three (3)
spaces toward the satisfaction of minimum off street vehicle parking requirements.
2.For parking lots with one hundred (100) or more parking spaces, each off street parking space
designated and signed for the exclusive use of a shared vanpool vehicle shall count as seven (7)
spaces toward the satisfaction of minimum off street vehicle parking requirements.
3.For parking lots of any size, each off street parking space designated and signed for the exclusive use
of a carshare vehicle shall count as four (4) spaces toward the satisfaction of minimum off street
vehicle parking requirements.
F.Valet Parking Services
Modifications to minimum on site parking spaces may occur on a one-to-one basis if off site valet
parking is provided and:
1.The design of the valet parking does not cause customers who do not use the valet services to park
off the premises or cause queuing in the right-of-way;
2.The availability of valet parking service is clearly posted outside the establishment and near the main
entrance; and
3.The applicant provides adequate written assurances for the continued operation of the valet parking,
and a written agreement to notify future owners and tenants of the property of the duty to continue
to provide off-site valet parking.
G.Parking Study Demonstrating Different Parking Needs
1.The Transportation Director, in consultation with the Planning Director, may authorize a change in the
amount of off street parking spaces. The authorization shall be based on the applicant submitting a
parking study that demonstrates a different off street parking demand for the proposed development,
use, or combination of uses than calculated from Table 21A.44.040-A: Minimum and Maximum Off
Street Parking, and subject to the overall limits on parking adjustments in Section 21A.44.050.A above.
2.The Directors shall determine whether the information and assumptions used in the study are
reasonable and whether the study accurately reflects anticipated off street parking demand for the
proposed development, use, or combination of uses.
3.Considerations for an alternative parking requirement (parking provided below the minimum required
or exceeding the maximum allowed) shall be granted only if the following findings are determined:
Page 44
a. That the proposed parking plan will satisfy the anticipated parking demand for the use;
b. That the proposed parking plan will be at least as effective in maintaining traffic circulation
patterns, reducing the visibility of parking areas and facilities as would strict compliance
with the otherwise applicable off street parking standards;
c. That the proposed parking plan does not have a materially adverse impact on adjacent or
neighboring properties;
d. That the proposed parking plan includes mitigation strategies for any potential impact on
adjacent or neighboring properties; and
e. That the proposed alternative parking plan is consistent with applicable City plans and
policies.
21A.44.060 Parking Location and Design
All required parking areas shall be located and designed in accordance with the standards in this Chapter
21A.44: Off Street Parking, Mobility, and Loading and the standards in the Off-Street Parking Standards
Manual. Modifications to the standards of this section 21A.44.060 may be granted through the design
review process, subject to conformance with the standards and procedures of Chapter 21A.59: Design
Review.
A.Generally
1. Parking Located on Same Lot as Use or Building Served
All parking spaces required to serve buildings or uses erected or established after the
effective date of this ordinance shall be located on the same lot as the building or use
served, unless otherwise allowed pursuant to section 21A.44.060A.4 Off-Site Parking
Permitted.
2. Biodetention and Landscape Islands in General and Neighborhood Center Contexts
For parking lots with one hundred (100) or more parking spaces in the General Context
and Neighborhood Center Context areas, parking lot islands or biodetention areas shall
be provided on the interior of the parking lot to help direct traffic flow and to provide
landscaped areas within such lots.
3. Parking Location and Setbacks
All parking shall comply with the parking restrictions within yards pursuant to Table
21A.44.060-A: Parking Location and Setback Requirements
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Table 21A.44.060-A: Parking Location and Setback Requirements
N = parking prohibited between lot line and front line of building
Zoning District Front
Lot Line
Corner Side
Lot Line
Interior Side
Lot Line
Rear
Lot Line
General Context
Residential (FR Districts, RB, RMF, RO)
FR N
Parking in driveways that comply with all applicable
City standards is exempt from this restriction.
6 ft.
0 ft.
R-1, R-2, SR-1, SR-2 0 ft.
RMF-30 N
0 ft.; or 10 ft. when
abutting any 1-2 family
residential district
RMF-35, RMF-45,
RMF-75, RO N
; 0 ft.; or 10 ft. when
abutting any 1-2 family
residential district.
Limited to 1 side yard
except for single-family
attached lots.
Commercial and Manufacturing (CC, CS, CG, M-1, M-2, SNB)
CC 15 ft.
0 ft.; or 7 ft. when abutting any residential
district
CS 0 ft.; or 15 ft. when abutting any residential
district CG 10 ft.
M-1 15 ft.
M-2 15 ft. 0 ft.; or 50 ft. when abutting any residential
district
Special Purpose Districts
A 0 ft.
0 ft. AG, AG-2, AG-5,
AG-20 N
BP N 8 ft.; or 30 ft. when abutting any residential
district
EI 10 ft. 30 ft. 30 ft. 20 ft.
FP 20 ft. 6 ft. 0 ft.
I 20 ft. 0 ft.; or 15 ft. when abutting any residential
district
MH 20 ft. 0 ft.
OS 30 ft. 10 ft.
PL 30 ft. 0 ft.; or 10 ft. when abutting any residential
district PL-2 20 ft.
RP 30 ft. 8 ft.; or 30 ft. when abutting any residential
district
Neighborhood Center Context
CB , CN, CSHBD2, SNB
N
0 ft.; or 7 ft. when abutting any 1-2 family
residential district
R-MU-35, R-MU-45
Limited to 1 side yard, 0
ft.; or
10 ft. when abutting
any 1-2 family
residential district
0 ft.; or 10 ft. when
abutting any 1-2
family residential
district
Page 46
Table 21A.44.060-A: Parking Location and Setback Requirements
N = parking prohibited between lot line and front line of building
Zoning District Front
Lot Line
Corner Side
Lot Line
Interior Side
Lot Line
Rear
Lot Line
RB, SR-3, FB-UN1,
FB-SE N 0 ft.
Urban Center Context
D-2 N
0 ft. D-3 See section 21A.44.060.B.1
MU N 0 ft.; limited to 1 side
yard 0 ft.
R-MU Surface Parking: 30 ft.
Parking Garages: 45 ft.
0 ft.; or 10 ft. when
abutting any 1-2 family
residential district
Surface parking at least
30 ft. from front lot line.
Parking garages at least
45 ft. from front lot line
0 ft.; or 10 ft. when
abutting any 1-2
family residential
district
TSA-T See section 21A.44.060B.22 0 ft.
CSHBD1 N 0 ft.; or 7 ft. when abutting any residential
district
Transit Context
D-1 See section 21A.44.060B.11
D-4 See section Error! Reference source not found.1 0 ft.
FB-UN2, FB-SC N 0 ft.
TSA-C See section 21A.44.060B.22 0 ft.
G-MU See section Error! Reference source not found.1 0 ft.
UI 0 ft; Hospitals: 30 ft.
0 ft.; or 15 ft. when
abutting any 1-2 family
residential district;
Hospitals: 10 ft.
0 ft.; or 15 ft. when
abutting any 1-2
family residential
district; Hospitals:
10 ft.
4. Off-Site Parking Permitted
When allowed as either a permitted or conditional use per Chapter 21A.33 Land Use Tables, off-
site parking facilities may be used to satisfy the requirements of this chapter and shall comply
with the following standards:
a.Maximum Distance of Off-Site Parking
Off-site parking shall be located according to the distance established in Table
21A.44.060-B: Maximum Distances for Off-Site Parking (measured in a straight line from the
property boundary of the principal use for which the parking serves to the closest point of
the parking area).
Table 21A.44.060-B: Maximum Distances for Off-Site Parking
Context Maximum Distance to Off-Site Parking
Neighborhood Center 600 ft. General
Page 47
Legal Nonconforming Use in Residential District
Urban Center 1,200 ft.
Transit 1,000 ft.
b.Documentation Required
(1) The owners of record involved in an off-site parking arrangement shall submit written
documentation of the continued availability of the off-site parking arrangement to the
Planning Director for review.
(2) The Planning Director shall approve the off-site parking arrangement if the Director
determines the location meets the standards of this section. No zoning or use
approval shall be issued until the Director has approved the off-site parking
arrangement and the documentation has been recorded in the office of the Salt Lake
County Recorder.
(3) If the off-site parking arrangement is later terminated or modified and the Planning
Director determines that the termination or modification has resulted in traffic
congestion, overflow parking in residential neighborhoods, or threats to pedestrian,
bicycle, or vehicle safety, the property owners of the uses for which the off-site
parking was provided may be held in violation of this chapter.
5. Circulation Plan Required
Any application for a building permit shall include a site plan, drawn to scale, and fully
dimensioned, showing any off street parking or loading facilities to be provided in compliance
with this title. A tabulation of the number of off street vehicle and bicycle parking, loading, and
stacking spaces required by this chapter shall appear in a conspicuous place on the plan.
6. Driveways and Access
a.Compliance with Other Adopted Regulations
(1) Parking lots shall be designed in compliance with applicable City codes, ordinances,
and standards, including but not limited to title 12 of the City Code: Vehicles and
Traffic and the Off-Street Parking Standards Manual to the maximum degree
practicable, with respect to:
(a) Minimum distances between curb cuts;
(b) Proximity of curb cuts to intersections;
(c) Provisions for shared driveways;
(d) Location, quantity and design of landscaped islands; and
(e) Design of parking lot interior circulation system.
(2) Notwithstanding the provisions of 21A.44.060A.6.a(1) above, relocation of a driveway
for a single-family, two-family, or twin home residence in any zoning district shall only
be required when the residence is replaced, and shall not be required when the
residence is expanded or renovated in compliance with the City code.
b.Access Standards
Access to all parking facilities shall comply with the following standards:
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(1) To the maximum extent practicable, all off street parking facilities shall be designed
with vehicular access to a street or alley that will least interfere with automobile,
bicycle, and pedestrian traffic movement.
(2) Parking facilities in excess of five (5) spaces that access a public street shall be
designed to allow vehicles to enter and exit the lot in a forward direction.
(3) Parking
more shall be limited to two (2) curb cuts, unless the Transportation Director
determines that additional curb cuts are necessary to ensure pedestrian, bicycle, and
vehicle safety or to comply with the fire code. Public safety uses shall be exempt from
limitations on curb cuts.
(4) All vehicular access roads/driveways shall be surfaced as required in accordance with
section 21A.44.060.A.8 Surface Materials.
c.Driveway Standards
All driveways shall comply with the following standards:
(1)Driveway Location in Residential Zoning Districts
With the exception of legal shared driveways, driveways shall be at least twenty feet
(20') from street corner property lines and five feet (5') from any public utility
infrastructure such as power poles, fire hydrants, and water meters. Except for entrance
and exit driveways leading to approved parking areas, no curb cuts or driveways are
permitted.
(2)Driveway Widths
All driveways serving residential uses shall be a minimum eight feet wide and shall
comply with the standards for maximum driveway widths listed in Table 21A.44.060-C:
Minimum and Maximum Driveway Width.
Table 21A.44.060-C: Minimum and Maximum Driveway Width
Zoning District Minimum Driveway Width
(in front and corner side yard)
Maximum Driveway Width*
(in front and corner side yard)
SR-1, SR-2 and SR-3 8 ft. 22 ft.
MH 8 ft. 16 ft.
Other Residential Zoning
Districts 8 ft. 30 ft.
M-1 and M-2 12 ft. single lane and 24 ft. for two-way 50 ft.
Other Non-Residential
Zoning Districts 12 ft. single lane and 24 ft. for two-way 30 ft.
* Maximum width is for all driveways combined when more than one driveway is provided
(3)Shared Driveways
Shared driveways, where two (2) or more properties share one (1) driveway access, may
be permitted if the Transportation Director determines that the design and location of
the shared driveway access will not create adverse impacts on traffic congestion or
public safety.
Page 49
(4)Driveway Surface
All driveways providing access to parking facilities shall be improved and maintained
pursuant to the standards in the Off-Street Parking Standards Manual.
7. Minimum Dimensional Standards
All parking spaces shall comply with the dimensional standards in the Off-Street Parking
Standards Manual.
8. Surface Materials
All parking spaces shall comply with the standards for surfacing of access, driving, and parking
surfacing in the Off-Street Parking Standards Manual.
9. Grading and Stormwater Management
All surface parking areas shall comply with City grading and stormwater management standards and shall
be reviewed for best management practices by Salt Lake City Department of Public Utilities. Refer to the
Salt Lake City Stormwater Master Plan, Storm Drainage Manual, and Green Infrastructure Toolbox for
additional information.
10. Sight Distance Triangles
All driveways and intersections shall comply with the sight distance triangle standards as defined
in the Off-Street Parking Standards Manual.
11. Landscaping and Screening
All parking areas and facilities shall comply with the landscaping and screening standards in
Chapter 21A.48: Landscaping and Buffers.
12. Lighting
Where a parking area or parking lot is illuminated, the light source shall be shielded so that the
light source is not directly visible from any abutting property or abutting private or public street.
13. Signs
All signs in parking areas or related to parking facilities shall comply with Chapter 21A.46; Signs,
and applicable provisions of the Manual on Uniform Traffic Control Devices (MUTCD).
14. Pedestrian Walkways
a. Surface parking lots with between twenty-five (25) and one hundred (100) parking spaces
shall provide a pedestrian walkway or sidewalk through the parking lot to the primary
entrance of the principal building. Pedestrian walkways shall be identified by a change in
color, material, surface texture, or grade elevation from surrounding driving surfaces.
b. Parking lots with more than one hundred (100) parking spaces shall provide:
(1) One (1) or more grade-
and located in an area that is not a driving surface, leading from the furthest row of
parking spaces to the primary entrance of the principal building.
(2) Vehicles shall not overhang the pedestrian walkway(s).
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(3) Where the walkway(s) crosses a drive aisle, pedestrian walkway(s) shall be identified by
a change in color, material, surface texture, or grade elevation from surrounding
driving surfaces.
(4) One (1) pedestrian walkway meeting these standards shall be provided for each one
hundred (100) parking spaces provided on site or part thereof, after the first one
hundred (100) parking spaces.
15. Parking Garages
The following standards shall apply to all above-ground parking garages except those located in
the FB zones subject to 21A.27.030.C.4, whether freestanding or incorporated into a building:
a. Each façade or a parking garage adjacent to a public street or public space shall have an
external skin designed to conceal the view of all parked cars. Examples include heavy
gauge metal screen, precast concrete panels, live green or landscaped walls, laminated or
safety glass, or decorative photovoltaic panels.
b. No horizontal length of the parking garage façade shall extend longer than 40 feet without
the inclusion of architectural elements such as decorative grillwork, louvers, translucent
screens, alternating building materials, and other external features to avoid visual
monotony. Facade elements shall align with parking levels.
c. Internal circulation shall allow parking surfaces to be level (without any slope) along each
parking garage facade adjacent to a public street or public space. All ramps between levels
shall be located along building facades that are not adjacent to a public street or public
space, or shall be located internally so that they are not visible from adjacent public streets
or public spaces.
d. The location of elevators and stairs shall be highlighted through the use of architectural
features or changes in façade colors, textures, or materials so that visitors can easily identify
these entry points.
e. Interior parking garage lighting shall not produce glaring sources toward adjacent
properties while providing safe and adequate lighting levels. The use of sensor dimmable
LEDs and white stained ceilings are recommended to control light levels on-site while
improving energy efficiency.
f. In the Urban Center Context and Transit Context areas, the street-level facades of all
parking garages shall be designed to meet applicable building code standards for
habitable space to allow at least one (1) permitted or conditional use, other than parking,
to be located where the parking garage is located.
g. Vent and fan locations shall not be located on parking garage facades facing public streets
or public spaces, or adjacent to residential uses, to the greatest extent practicable.
16. Tandem Parking
Where more than one (1) parking space is required to be provided for a residential dwelling unit,
the parking spaces may be designed as tandem parking spaces, provided that:
a. No more than two (2) required spaces may be included in the tandem parking layout; and
b. Each set of two (2) tandem parking spaces shall be designated for a specific residential unit.
Page 51
17. Cross-Access between Adjacent Uses
The Transportation Director may require that access to one or more lots be through shared
access points or cross-access through adjacent parcels when the Transportation Director
determines that individual access to abutting parcels or limited distance between access points
will create traffic safety hazards due to traffic levels on adjacent streets or nearby intersections.
Such a determination shall be consistent with requirements of state law regarding property
access from public streets. Required cross-access agreements shall be recorded with the Salt
Lake County Office.
B.Zone Specific Location and Design Standards
1. D-1, D-3, D-4, and G-MU Zoning Districts
The following regulations shall apply to surface or above-ground parking facilities. No special
design and setback restrictions shall apply to below-ground parking facilities.
a.Block Corner Areas
(1)Within the D-1 zoning district, above-ground parking facilities located within
the block corner areas and on Main Street, shall be located behind principal
buildings and;
a. All above-ground parking facilities that front a street shall contain uses other
than parking along the entire length of the building façade and along all
stories or levels of the building.
b. Vehicle access to parking shall be located to the side of the building or as far
from the street corner as possible unless further restricted by this Title.
(2)Within the D-3, D-4, or G-MU zoning districts, above-ground parking facilities
shall be located behind principal buildings, or at least seventy-five feet (75')
from front and corner side lot lines, and shall be landscaped to minimize visual
impacts.
b.Mid-Block Areas
(1)Within the D-1 zoning district, above-ground parking facilities shall be located
behind the front line of principal buildings or shall be located at least seventy-
five feet (75') from front and corner side lot lines;
a. Parking lots proposed as a principal use to facilitate a building demolition
are prohibited.
(2)Within the D-3, D-4, or G-MU zoning districts, parking facilities shall be
located behind principal buildings, or at least thirty feet (30') from front and
corner side lot lines.
(3)Parking garages shall meet the following:
a. Retail goods/service establishments, offices and/or restaurants shall be
provided on the first floor adjacent to the front or corner side lot line. The
Page 52
facades of such first floors shall be compatible and consistent with the
associated retail or office portion of the building and other retail uses in the
area.
b. Levels of parking above the first level facing the front or corner side lot line
shall have floors and/or facades that are horizontal, not sloped.
c.Landscape Requirements
Surface parking lots, where allowed shall have a minimum landscaped setback of fifteen
in Chapter 21A.48: Landscaping and Buffers.
2. TSA Zoning District
New uses and development or redevelopment within the TSA zoning district shall comply with
the following standards.
a.Surface Parking on Corner Properties
On corner properties, surface parking lots shall be located behind principal buildings or at
least sixty feet (60') from the intersection of the front and corner side lot lines.
b.Surface Parking in the Core Area
Surface parking lots in the core area are required to be located behind or to the side of the
principal building.
(1)When located to the side of a building, the parking lot shall be:
(a) Set back a minimum of thirty feet (30') from a property line adjacent to a public
street. The area between the parking lot and the property line adjacent to a
public street shall be landscaped or activated with outdoor dining, plazas, or
similar features;
(b) Screened with a landscaped hedge or wall that is at least thirty-six inches (36")
above grade and no taller than forty-two inches (42") above grade. Landscaping
berms are not permitted; and
(c) No wider than what is required for two (2) rows of parking and one (1) drive aisle
as provided in the Off-Street Parking Standards Manual.
(2) Unless a second driveway is necessary to comply with the fire code, a maximum of one
(1) driveway and drive aisle shall be permitted per street frontage. The access point
shall be located a minimum of one hundred feet (100') from the intersection of the
front and corner side lot lines. If the front or corner side lot line is less than one
hundred feet (100') in length, then the edge of the drive approach shall be located
within twenty feet (20') of the side or rear property line.
c.Surface Parking In the Transition Area
(1) Surface parking lots in the transition area are required to be located behind the
principal building or to the side of a principal building.
(2)When located to the side of a principal building, the parking lot shall be:
(a) Set back so that no portion of the parking area (other than the driveway) shall be
closer to the street than the front wall setback of the building. In cases where the
front wall of the building is located within five feet (5') of a property line adjacent
Page 53
to a street, the parking lot shall be set back a minimum of eight feet (8'). The
space between the parking lot and the property line adjacent to a street shall be
landscaped or activated with outdoor dining, plazas, or similar features; and
(b) Screened with a landscaped hedge or wall that is at least thirty-six inches (36")
above grade and no taller than forty-two inches (42") above grade. Landscaped
berms are not permitted.
C.Recreational Vehicle Parking
1. Generally
a. Recreational vehicle parking spaces shall be in addition to, and not in lieu of, required off
street vehicle parking spaces.
b. Recreational vehicles shall not be used for storage of goods, materials, or equipment other
than those that are customarily associated with the recreational vehicle.
c. All recreational vehicles shall be stored in a safe and secure manner. Any tie downs,
tarpaulins, or ropes shall be secured from flapping in windy conditions.
d. Recreational vehicles shall not be occupied as a dwelling while parked on the property.
e. Recreational vehicle parking is permitted in any enclosed structure conforming to building
code and zoning requirements for the zoning district in which it is located.
f. Recreational vehicle parking outside of an approved enclosed structure shall be permitted
for each residence and shall be limited to one motor home or travel trailer and a total of
two (2) recreational vehicles of any type.
g. Recreational vehicle parking outside of an enclosed structure shall comply with the
standards in this section.
2. Front Yard Parking
Recreational vehicle parking is prohibited in any required or provided front yard.
3. Rear Yard Parking
Recreational vehicles may be parked in the rear yard when they are on a hard surfaced pad
compliant with surfacing standards in the Off-Street Parking Standards Manual and with access
provided by either a hard surfaced driveway, hard surfaced drive strips or an access drive
constructed of turf block materials with an irrigation system.
4. Side Yard Parking
Recreational vehicle parking in side yards shall be allowed only when topographical factors, the
existence of mature trees, or the existence of properly permitted and constructed structures
prohibit access to the rear yard. The existence of a fence or other structure that is not part of a
building shall not constitute a lack of rear yard access. Any recreational vehicle parking area in a
side yard shall:
a. Be on a hard surface compliant with the Off-Street Parking Standards Manual;
b. Be accessed via a driveway compliant with driveway standards of this chapter;
c. Not obstruct access to other required parking for the use.
Page 54
21A.44.070 Off Street Loading Areas
A.Number and Size of Loading Areas Required
1.Unless otherwise specified, a required off street loading berth shall be at least ten feet (10') in width
by at least thirty-five feet (35') in length for short berths, and twelve feet (12') in width by at least fifty
feet (50') in length for long berths, exclusive of aisle and maneuvering space. Maneuvering aprons of
appropriate width and orientation shall be provided and shall be subject to approval by the
Transportation Director.
2.All loading areas shall have a vertical clearance of at least fourteen feet (14').
3.Off street loading facilities for new developments or for expansion of an existing development shall
be provided at the rate specified for a particular use, or if multiple uses, at the rate of the uses
combined, in Table 21A.44.070-A: Off Street Loading Requirements. Regardless of the combination of
uses, all buildings with a gross floor area over 50,000 square feet shall have a minimum of 1 short
berth.
Table 21A.44.070-A: Off Street Loading Requirements
Use Gross Floor Area
(Square Feet)
Number and Size of
Berths
Hotels, Institutions, and Institutional Living 50,000 - 100,000 1 short
Each additional 100,000 1 short
Office/Commercial 50,000 - 100,000 1 short
Each additional 100,000 up to 500,000 1 short
Retail 50,000 - 100,000 1 long
Each additional 100,000 1 long
Industrial
25,001 - 50,000 1 long
50,001 - 100,000 2 long
Each additional 100,000 1 long
Multi- Family Residential86
# of Dwelling Units
(Per Building)
Number and Size of
Berths
40-150 1 short
151-300 2 short
Greater than 300 1 additional short per
200 units
B.Location and Design of Loading Areas
1.All required loading berths shall be located on the same development site as the use(s) served.
2.No loading berth shall be located within thirty feet (30') of the nearest point of intersection of any two
(2) streets.
3.No loading berth shall be located in a required front yard.
4.Each required loading berth shall be located and designed to:
Page 55
a. Allow all required vehicle maneuvering and backing movements on-site;
b. Minimize conflicts with pedestrian, bicycle, and traffic movement or encroachments into
any pedestrian walkway, bicycle lane, public right-of-way, and fire lane; and
c. Avoid the need to back into a public street while leaving the site to the maximum extent
practicable, as determined by the Planning Director and the Transportation Director.
5.Landscaping and screening of all loading berths shall be provided to comply with the requirements of
Chapter 21A.48: Landscaping and Buffers.
6.Where a loading berth is illuminated, the light source shall be shielded so that the light source is not
directly visible from any abutting property or abutting private or public street.
7.All signs in loading areas shall comply with Chapter 21A.46: Signs, and applicable provisions of the
Manual on Uniform Traffic Control Devices.
8.All required loading berths shall comply with the surfacing standards of the Off-Street Parking
Standards Manual.
21A.44.080 Drive-Through Facilities and Vehicle Stacking Areas
A.Number of Stacking Spaces Required
The following standards apply for all uses with vehicle stacking and/or drive-through facilities.
1.All uses with drive-through facilities shall provide the minimum number of on-site stacking spaces
indicated in Table 21A.44.080-A: Required Vehicle Stacking Spaces.
Table 21A.44.080-A: Required Vehicle Stacking Spaces
Use
General
Context
Neighborhood
Center Context
Urban Center
Context
Transit
Context
All zoning districts
not listed in another
context area
RB, SNB, CB, CN,
CSHBD2, R-MU-35,
R-MU-45, SR-3,
FB-UN1, FB-SE
D-2, D-3, MU, R-
MU, TSA-T,
CSHBD1
D-1, D-4, G-MU,
TSA-C, UI, FB-UN2,
FB-SC
Car Wash, Self-Service 3 spaces per bay or stall 2 spaces per bay or stall
Car Wash, Automated 4 spaces per lane or stall 3 spaces per lane or stall
Food and Beverage Service Uses 5 spaces per service lane 4 spaces per service lane
Other Uses 3 spaces per service lane 3 spaces per service lane
B.Location and Design of Drive-Through Facilities
1.In zoning districts where uses with drive-through facilities are allowed and where no front or corner
side yard setback is required, the drive-through lanes shall not be located between the front or corner
side lot line and any walls of the principal building.
2.Drive-through lanes shall be arranged to avoid conflicts with site access points, access to parking or
loading spaces, and internal circulation routes, to the maximum extent practicable.
Page 56
3.In the General Context zoning districts, a by-pass lane, driveway, or other circulation area around a
drive-through facility stacking lane shall be provided for all uses other than automated car washes.
financial institutions and restaurant/retail uses.
4.All required stacking spaces shall measure nine (9) feet by twenty (20) feet and shall be counted from
the point of service, or final service window.
5.Air quality: Drive through facilities shall post idle-free signs pursuant to Chapter 12.58 of the city code.
6.When a drive through use adjoins any residential use or any residential zoning district, a minimum six
7.Drive through facility will not result in adverse impacts upon the vicinity after giving consideration to
the hours of operation, noise and light generation, traffic circulation, and the site plan.
21A.44.090 Modifications to Parking Areas
Applicants requesting development permits or approvals may request adjustments to the standards and
requirements in this Chapter 21A.44: Off Street Parking, Mobility, and Loading, and the City may approve
adjustments to those standards, as described below.
A.Administrative Modifications
The Planning Director or Transportation Director may approve the following types of modifications
without requiring approval of a Special Exception, provided that the Director determines that the
adjustment will not create adverse impacts on pedestrian, bicycle, or vehicle safety and that the
adjustment is required to accommodate an unusual site feature (such as shape, topography, utilities,
or access point constraints) and that the need for the adjustment has not been created by the actions
of the applicant.
1.Modification to dimensions or geometries of parking, loading, or stacking space, aisles, or
maneuvering areas otherwise required by this chapter, other City regulations, or the Off-Street
Parking Standards Manual; provided that those modifications are consistent with federal and state
laws regarding persons with disabilities, including but not limited to the Americans with Disabilities
Act.
2.Modifications to bicycle parking or loading berth location or design standards.
B.Special Exceptions
The following types of exceptions may be approved through the Special Exception process in section
21A.52.040, provided that the application meets the criteria for approval of a Special Exception in
section 21A.52.060 in addition to the standards provided in this section.
1. Exceptions Permitted
a.Front Yard Parking Exception
For any zoning district, if front yard parking is prohibited in Table 21A.44.060-A: Parking
Location and Setback Requirements, it may be allowed if all of the following conditions are
met:
Page 57
(1) The rear or side yards cannot be reasonably accessed by vehicles, specifically;
(a) Clearance for a driveway could not be provided in the side yard on either side of
the building that is free from obstructions that cannot reasonably be avoided,
such as utilities, window-wells, a specimen tree, a direct elevation change of three
feet (3') or greater, or retaining walls three feet (3') high or greater; and
(b) There is not a right-of-way or alley adjacent to the property with established
rights for access, where:
a. The travel distance to the property line is less than one hundred feet (100')
from an improved street and the right-of-way or alley has at least a
minimum twelve foot (12') clearance that is, or could be paved; or
b. The travel distance to the property line is more than one hundred feet (100')
from an improved street and the right-of-way or alley has an existing
minimum twelve foot (12') wide paved surface.
(2) It is not feasible to build an attached garage that conforms to yard area and setback
requirements;
(3) Parking is limited to an area that is surfaced in compliance with the Off-Street Parking
Standards Manual;
(4) The parking area is limited to nine feet (9') wide by twenty feet (20') deep;
(5) Vehicles using the parking area will not project across any sidewalk or into the public
right-of-way; and
(6) Parking is restricted to passenger vehicles only.
b.Vehicle and Equipment Storage Surfacing Exception
Vehicle and equipment storage without hard surfacing may be permitted in the CG, M-1, M-
2 and EI zoning districts provided that:
(1) The lot is used for long-term vehicle storage, not for regular parking and/or
maneuvering;
(2) The vehicles or equipment stored are large and/or are built on tracks that could
destroy normal hard surfacing;
(3) The parking surface is compacted with six inches (6") of road base and other semi-
hard material with long lasting dust control chemical applied annually;
(4) A hard-surfaced cleaning station is installed to prevent tracking of mud and sand onto
the public right-of-way; and
(5) Any vehicles or equipment that contain oil are stored with pans, drains, or other
means to ensure that any leaking oil will not enter the soil.
21A.44.100 Use and Maintenance
A. Use of Parking Areas
1.Except as otherwise provided in this section, required off street parking facilities provided for uses
listed in Table 21A.44.040-A: Minimum and Maximum Off Street Parking shall be solely for the parking
of automobiles or authorized temporary uses.
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B. Maintenance
1.Space allocated to any off street loading berth or related access or maneuvering area shall not be
used to satisfy the parking space requirements for any off street parking.
2.Except in the M-1, M-2, CG, and D districts, no cleaning or maintenance of loading areas using
motorized equipment may be performed between ten o'clock (10:00) P.M. and seven o'clock (7:00)
A.M. each day, except for snow removal.
21A.44.110 Nonconforming Parking and Loading Facilities
Nonconforming parking and loading facilities shall be subject to the standards established in Chapter
21A.38: Nonconforming Uses and Noncomplying Structures , and the criteria established in this section.
A. Continuation of Nonconforming Parking and Loading Facilities
Any parking spaces, loading facilities, or access to public rights-of-way that were lawfully existing or
created prior to the effective date of this Ordinance, but that have since become nonconforming with
the provisions of this chapter through the actions of the City or any governmental entity, shall be
allowed to continue, but any expansion of the use or structure, or change of use, after the adoption
date of this Ordinance shall comply with the provisions of this Chapter 21A.44: Off Street Parking,
Mobility, and Loading.
B. Nonconformity Due to Governmental Acquisition
Where a lot, tract, or parcel is occupied by a lawful structure or use, and where the acquisition of
right-of-way by eminent domain, dedication, or purchase by a City, county, state, or federal agency
creates noncompliance of the parking, loading, or drive-through facilities with any requirement of
this chapter, the parking, loading, or drive-through facility shall be deemed lawful and conforming.
This designation shall apply only to noncompliance resulting directly from the acquisition of right-of-
way.
C. Damage or Destruction
Reconstruction, reestablishment, or repair of any nonconforming parking, loading, or drive-through
area involuntarily damaged or destroyed by fire, collapse, explosion or other natural cause is not
required to comply with the standards of this chapter. The parking and loading facilities may be
restored or continued as they existed prior to the damage or destruction, or in a manner that reduces
any nonconformity that existed prior to the damage or destruction.
D. Legalization of Garages Converted to Residential Use
Garages attached to single-family and two-family residential structures converted to residential uses
before April 12, 1995, and any associated front yard parking, may be legalized by complying with the
following requirements:
1.The property owner shall obtain a building permit for all building modifications associated with
converting the garage to residential use and the City shall inspect the conversion for substantial
compliance with adopted life safety regulations.
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2.The driveway leading to the converted garage shall not be removed without replacing the same
number of parking spaces (up to the minimum required by this chapter) in a location authorized by
this chapter.
3.Parking on the driveway in the front yard is restricted to passenger vehicles only.
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Definitions
AUTOMOBILE
A self-propelled vehicle with wheels that can legally operate within a public right-of-way. The term
includes but is not limited to passenger cars, light trucks, and recreational vehicles.
BIODETENTION
A low impact development term also sometimes called a rain garden, biofilter or porous landscape
detention that achieves on-site retention of stormwater through the use of vegetated depressions
engineered to collect, store, and facilitate runoff infiltration.
CAR POOL
A group of two or more commuters, including the driver, who share the ride to and from work or other
destination on a regularly scheduled basis.
CARSHARE129
A membership-based model of car use where people rent or borrow cars for short periods of time, often
by the hour. Vehicles may be made available through private individuals, a property owner/manager, or
commercial companies, but are managed through a facilitator.
CHANGE OF USE
The replacement of an existing use by a new use, or a change in the nature of an existing. A change of
ownership, tenancy, name or management, or a change in product or service within the same use
classification where the previous nature of the use, line of business, or other function is substantially
unchanged is not a change of use. The conversion of existing residential units to condominiums is not a
change of use.
COMMERCIAL VEHICLE
A vehicle associated with a business that exceeds one (1) ton capacity. This includes but is not limited to
buses, dump trucks, stake body trucks, step vans, tow trucks and tractor trailers. Taxis and limousines shall
also be considered commercial vehicles.
DESIGN CAPACITY
The maximum occupancy of a building or structure based on the Fire and/or Building Code, whichever
allows occupancy by a larger group of people.
DEVELOPMENT
A. The carrying out of any building activity, the making of any material change in the use or appearance
of any structure or land, or the dividing of land into parcels by any person. The following activities or
uses shall be taken for the purposes of these regulations to involve "development":
1. The construction of any principal building or structure;
2. Increase in the intensity of use of land, such as an increase in the number of dwelling units or an
increase in nonresidential use intensity that requires additional parking;
3. Alteration of a shore or bank of a pond, river, stream, lake or other waterway;
4. Commencement of drilling (except to obtain soil samples), the driving of piles, or excavation on a
parcel of land;
5. Demolition of a structure;
6. Clearing of land as an adjunct of construction, including clearing or removal of vegetation and
including any significant disturbance of vegetation or soil manipulation; and
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7. Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
B. The following operations or uses shall not be taken for the purpose of these regulations to involve
"development":
1. Work by a highway or road agency or railroad company for the maintenance of a road or railroad
track, if the work is carried out on land within the boundaries of the right of way;
2. Utility installations as stated in subsection 21A.02.050.B of this title;
3. Landscaping for residential uses; and
4. Work involving the maintenance of existing landscaped areas and existing rights of way such as
setbacks and other planting areas.
FLOOR AREA, GROSS138
A. For determining size of establishment, the sum of the gross horizontal area of all floors of the
building measured from the exterior face of the exterior walls or from the centerline of walls
separating two (2) buildings. The floor area of a building shall include basement floor area,
penthouses, attic space having headroom of seven feet (7') or more, interior balconies and
mezzanines, enclosed porches, and floor area devoted to accessory uses. Space devoted to open air
off street parking or loading shall not be included in floor area.
B. The floor area of structures devoted to bulk storage of materials including, but not limited to, grain
elevators and petroleum storage tanks, shall be determined on the basis of height in feet (i.e., 10 feet
in height shall equal 1 floor).
FLOOR AREA, USABLE138
For determining off street parking and loading requirements, the sum of the gross horizontal areas of all
floors of the building, as measured from the outside of the exterior walls, devoted to the principal use,
including accessory storage areas located within selling or working space such as counters, racks, or
closets, and any floor area devoted to retailing activities, to the production or processing of goods or to
business or professional offices. Floor area for the purposes of measurement for off street parking spaces
shall not include:
A. Floor area devoted primarily to mechanical equipment or unfinished storage areas;
B. Floor area devoted to off street parking or loading facilities, including aisles, ramps, and maneuvering
space.
GARAGE
An accessory building or portion of a building designed or used for the storage of vehicles used by the
occupants of the principle building.
GARAGE, ATTACHED
A garage that has a roof or wall of which fifty percent (50%) or more is attached to and in common with a
principal building. An attached garage shall be considered part of the principal building and shall be
subject to all yard requirements of the principal building.
HARD SURFACED138
A concrete, asphalt, brick, stone, turf block, or other surface approved by the City Engineer that is suitable
for vehicle traffic.
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OFF STREET PARKING138
A site or portion of a site devoted to the parking of automobiles in an area that is not a public or private
street or other public right-of-way, including parking spaces, aisles, driveways, and associated landscaped
areas.
OFF-SITE138
A lot that is separate from the lot on which the principal use is located.
OUTDOOR DINING138
A dining area with seats and/or table(s) located outdoors of a restaurant, brewpub, social club, tavern,
market, deli, or other retail sales establishment that sells food and/or drinks, and which is either:
A. Located entirely outside the walls of the building of the subject business, or
B. Enclosed on two (2) sides or less by the walls of the building with or without a solid roof cover, or
C. Enclosed on three (3) sides by the walls of the building without a solid roof cover.
PARKING GARAGE
A structure or part of a structure used primarily for the housing, parking, or storage of automobiles.
PARKING LOT
An area on the surface of the land used for the parking of more than four (4) automobiles. Areas
designated for the display of new and used vehicles for sale are not included in this definition.
PARKING, OFF-SITE
An off-street parking area intended to serve one or more uses and that is located on a different parcel or
lot than the use(s) it is intended to serve.
PARK AND RIDE LOT138
An area or structure intended to accommodate parked vehicles for the general public, where commuters
park their vehicles and continue travel to another destination via public transit, carpool, vanpool, or
bicycle. Parking lot may be shared with other uses or stand alone.
PARKING, SHARED
Joint use of a parking lot or area for more than one principal use.
PARKING SPACE138
Space within a parking area of certain dimensions as defined in Chapter 21A.44 of this title, exclusive of
access drives, aisles, ramps, columns, for the storage of one vehicle.
PARKING STUDY
A study prepared by a licensed professional traffic engineer specifically addressing the parking demand
generated by a use and which provides information necessary to determine whether proposed parking
will have a material negative impact to adjacent or neighboring properties.
PARKING, TANDEM138
The in-line parking of one vehicle behind another in such a way that one parking space can only be
accessed through another parking space.
PLANNING DIRECTOR144
The director of the Salt Lake City Planning Division, or his/her designee.
PRIMARY ENTRANCE
The entrance to a building, parcel, or development most used by the public for day-to-day ingress and
egress.
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STREET144
A vehicular way which may also serve for all or part of its width as a way for pedestrian traffic, whether
called street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, mall or
otherwise designated.
VANPOOL
A group of seven (7) to fifteen (15) commuters, including the driver, who share the ride to and from work
or other destination on a regularly scheduled basis.
VEHICLE138
A device by which any person or property may be transported upon a public highway except devices used
exclusively upon stationary rails or tracks or exclusively moved by human power.
VEHICLE, ELECTRIC
A device which is considered a vehicle that uses electricity as its primary source of power, such as a plug-
in electric vehicle or a plug-in hybrid electric vehicle. An electric vehicle does not include devices that are
moved by human power.
VEHICLE, RECREATIONAL138
Any motorized vehicle and/or associated non-motorized equipment used for camping, traveling, boating,
or other leisure activities including, but not limited to campers, boats, travel trailers, motor homes, snow
mobiles, wave runners, and other vehicles designed for traveling on water (motorized and non-
motorized). Trailers used for transporting this type of vehicle are also included within this definition.
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ATTACHMENT C: OFF-STREET PARKING MANUAL
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ATTACHMENT D: PARKING CONTEXT MAP
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2100
ATTACHMENT E: ANALYSIS OF STANDARDS
As per section 21A.50.050, 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.
Factor Finding Rationale
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;
Complies As outlined above in the ‘Key Considerations’ section, the
proposed text amendments support multiple principles and
initiatives of Plan Salt Lake (2015).
In addition, the proposed amendments are consistent with
many of the goals and objectives of Salt Lake City’s
Neighborhood Master Plans. A comprehensive list of those
goals can be found in Attachment F of this report.
Staff finds that the proposed text amendments are
consistent with City purposes, goals, and policies.
2. Whether a
proposed text
amendment
furthers the
specific purpose
statements of
the zoning
ordinance;
Complies The proposed text amendments advance the following
purposes and intents of the Zoning Ordinance:
…to promote the health, safety, morals, convenience,
order, prosperity and welfare of the present and future
inhabitants of Salt Lake City, to implement the adopted
plans of the city…
Specifically, the purposes are to:
A. Lessen congestion in the streets or roads:
By introducing four different parking contexts, the
proposed ordinance encourages more multi-modal
transportation solutions. Traditional development
patterns are encouraged through a reduction of
required surface parking, making areas more
walkable and conducive to mass transit.
In the Neighborhood Center context, parking
minimums were increased for restaurant and retail
uses. The intention is to reduce parking from spilling
into neighboring residential streets.
D. Classify land uses and distribute land development and
utilization;
The introduction of parking context areas would create
more specific classifications for parking as a land use and
allows for more efficient utilization of land for development.
The general reductions of minimum parking requirements
and revised parking alternatives are proposed to allow for
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more remnantparcels or underutilized land to be
redeveloped.
E. Protect the tax base;
The proposed standards encourage economic vitality by
reducing constraints for the reuse of existing buildings and
by lowering costs associated with installing parking that
would otherwise not be in line with market demand.
F. Secure economy in governmental expenditures;
Low, wide, suburban style development yields a very
inefficient use of a city’s tax dollars by requiring a large
amount of service (road maintenance, snow removal, utility
lines) for a very small percentage of users. Surface parking
exasperates that inefficiency by spreading taxable entities
over a larger area. By reducing excessive surface parking,
the ordinance encourages tighter more traditional style
development especially in the Transit, Urban Center, and
Neighborhood Center context areas. That development
pattern is intended to encourage a more efficient use of
governmental expenditures.
Additionally, the proposed ordinance has been streamlined
in a way that is easier and less time consuming for City Staff
to administer and interpret, which is anticipated to result in
added governmental economy.
G. Foster the city’s industrial, business and residential
development.
The City’s industrial areas are proposed within the General
parking context. Many of the minimum and maximum
parking requirements for common industrial and
manufacturing uses are proposed to be removed. The intent
is to allow the businesses to install parking according to
their needs, rather than by an imposed number. Our studies
show that most industrial businesses were required to
provide more parking than they needed. Businesses can be
more profitable by not spending money on parking that
would not be utilized.
Within the Transit and Urban Center contexts, many of the
minimums and maximums parking requirements have
been reduced. This would allow for more residential infill
development and encourages use of alternative
transportations solutions such as car share or mass transit.
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Affordable housing has also been proposed withlower
parking requirements in effort to encourage additional
development.
H. Protect the environment.
The proposed amendments would foster increased mobility
choices and allow for a reduced dependency on the
automobile. They would reward development that chooses
to locate in areas that are better serviced by mass transit.
The standards are intended to encourage efficient
development that does not devote large expanses to surface
parking. These changes would help reduce impacts to air
quality and the environment.
3. Whether a proposed
text amendment is
consistent with the
purposes and
provisions of any
applicable overlay
zoning districts which
may impose additional
standards;
Complies The proposed parking standards are consistent with the
purposes of the zoning overlays in that they are context
based and therefore more tailored to the underlying
zoning and development patterns of a given area. The
lower proposed parking minimums and more flexible
shared parking standards would help protect properties
within the historic overlays that may be threatened by the
need to provide large amounts of parking.
4. The extent to which
a proposed text
amendment
implements best
current, professional
practices of urban
planning and design.
Complies Many of the elements of the proposed ordinance are
derived from the research and principles presented in
Parking Reform Made Easy by Chuck Marohn and The
High Cost of Free Parking by Donald Shoup. These
principles are supported by data and observation collected
by Salt Lake City and Clarion Associates.
Additionally, the American Planning Association (APA),
Congress for New Urbanism (CNU), Urban Land Institute
(ULI), and planning advocacy groups such as Strong
Towns have all published numerous articles in support of
reducing or eliminating parking minimums, capping
maximums in certain situations, and general movement
towards market-based parking solutions.
The proposed text amendments implement best current
planning practices for off-street parking and establish a
framework for continued changes as the City continues to
grow.
In particular, the context-based parking approach,
modified minimum and maximums, and revised parking
alternatives would allow for more vibrant and walkable
urban spaces.
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ATTACHMENT F: MASTER PLAN COMPATABILITY
Master Plan Principle or Initiative Additional Discussion
PLAN SALT LAKE
Guiding Principle #2: Growing responsibly while
providing people with choices about where they live,
how they live, and how they get around.
The objectives of Plan
Salt Lake were directly
targeted with the
proposed parking
standards.
The parking contexts,
revised parking
alternatives (including
for affordable and
senior housing), and
the generally lower
minimums and
maximums would
support the initiatives
outlined in the plan.
Growth Initiative #3: promote infill and redevelopment
of underutilized land.
Transportation and Mobility initiative #4: reduce
automobile dependency and single occupancy vehicle
trips.
Transportation and Mobility initiative #7: Encourage
transit-oriented development
Air Quality initiative #3: increase mode share for public
transit, cycling, walking and carpooling.
Air Quality initiative #4 Minimize impact of car
emissions.
Beautiful City initiative #5: support and encourage
architecture, development, and infrastructure that is
people focused and responds to its surrounding context
and enhances the public realm.
Preservation initiative #1: preserve and enhance
neighborhood and district character
Equity initiative #3: support policies that providing
housing choices, including affordability, accessibility
and aging in place.
Economy initiative #2; support the economic growth of
Downtown
Economy initiative #3: support the growth of small
businesses, entrepreneurship, and neighborhood
business nodes.
TRANSPORTATION
Focus on Public Transit: Examples of TDM programs
include limiting development of new parking spaces in
congested areas.
On-street parking
would no longer count
toward required
parking under the
proposed provisions.
The revised parking
standards would help
ensure appropriate
parking is provided for
each of the identified
context areas of the
City.
On-street parking could be eliminated to provide bicycle
lanes.
SLC will lower the max allowable parking requirements
in the downtown area, in conjunction with
implementation of trip reduction strategies.
Residential neighborhoods will be protected from the
negative impact of overflow parking from adjacent uses.
DOWNTOWN
Challenge #1: unrealized development potential.
Surface parking is a dominant land use, comprising 27%
of all developable land downtown.
Allowed surface
parking would be
greatly reduced in the
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Vibrant and Active, Goal 3, initiative 3: On pedestrian
oriented streets, active ground floor uses should be
prioritized over parking uses. Structured parking should
be designed to accommodate, where feasible, street level
businesses and other active uses.
downtown, however,
structured parking
would not include
maximums.
Although on-street
parking would not
count towards parking
requirements, most of
the downtown is part of
the Transit or Urban
Center parking context
and would require very
low or no minimum
parking requirements.
Is Connected Goal 4, initiative #1; examine parking
policy to ensure adequate parking is provided.
Initiative #2: update zoning regulations to locate surface
parking lots in appropriate locations.
Granary District Initiatives, is vibrant and active:
rethink and reclaim public rights of way and find
creative solutions to enabling people to use more of the
right of way, including median parking.
Is prosperous: allow on-street parking to count towards
parking requirements
South State District Initiatives, is prosperous: allow on-
street parking to count towards parking requirements.
AVENUES
Guidelines for either redevelopment or a new use of
existing structures: sufficient parking to meet realistic
needs must be provided on site without encroaching into
required yard
Parking for reuse of
existing structures is
proposed with updated
regulations and is more
market-based which
would help ensure that
businesses have the
flexibility to provide
parking according to
their needs.
CAPITOL HILL
Ensure adequate community parking while mitigating
adverse effects of parking that comes from outside the
community.
The proposed parking
contexts ensure more
appropriate standards
that provide for the
needs of businesses and
help reduce parking
from spilling into the
neighborhoods.
Develop a parking plan for Marmalade, Kimball, and
West Capitol Hill which analyses various solutions
including the following: Shared parking arrangements
Cut back on parking
CENTRAL
COMMUNITY
Encourage commercial centers to minimize parking and
traffic congestion impacts upon surrounding residential
neighborhoods.
The proposed increased
parking maximums for
retail and restaurants
will provide a path for
developments to
provide more parking
on-site.
The proposed
provisions for shared
parking and the
introduction of context-
based parking help
favor the use of mass
transit and non-
motorized
transportation
methods.
Support shared parking facilities
Encourage parking solutions to support commercial,
neighborhood and transit-oriented development.
Investigate the use of shared parking between day and
evening land uses to encourage off-street parking.
Develop transportation and parking policies that favor
the use of mass transit and non-motorized
transportation methods in order to help reduce
cumulative air emissions.
Commercial land uses: periodically evaluate municipal
regulations to ensure zoning, business licensing and
parking regulations do not hamper the success of small
locally owned businesses.
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Institutional land uses: provide tools like residential
parking or shared parking lots to help mitigate the effect
of traffic and parking congestion caused by existing
institutional land uses.
EAST BENCH
Mitigate parking impacts on properties adjacent to
neighborhood business districts.
The proposed increases
to the parking
maximums for retail
and restaurants would
provide a path for
developments to
provide more parking
on-site.
NORTHWEST
Reduction in parking requirements should not be
granted
The Northwest Master
Plan is nearly 30 years
old. The proposed
chapter has fewer
options for parking
reductions but includes
uses that are proposed
to have no parking
minimums and others
that would qualify for
reductions. This would
be justified through the
implementation of the
goals and objectives
listed in Plan Salt Lake,
which is a much newer
planning document
that addresses current
challenges facing Salt
Lake City.
NORTHWEST
QUADRANT
Restrict runoff from parking lots flowing directly into
natural areas, wetlands, and green corridors
The proposed parking
requirements rely on
more market-based
parking counts that are
intended to result in a
reduction of excess
parking for some uses.
Minimize the size of parking lots
SUGAR HOUSE
High Intensity Mixed Use policies: Improve all modes of
mobility including street and trail networks, transit,
pedestrian and bicycle movement opportunities, and off-
street cooperative parking facilities.
The introduction of the
proposed parking
contexts would require
parking that is more
sensitive to the unique
situations within Sugar
House.
The revised shared
parking standards and
elimination on
maximum parking
provided within
parking structures
would help make it
more economically
feasible for businesses
Multifamily housing needs to provide open space
amenities, adequate off-street parking, etc.
Incorporate adequate off-street parking into
development with identified access, proper buffering
and landscaping and encourage coordinated and
structured parking
Provide for coordinated and structured parking, with
underground parking wherever possible.
Flexibility in parking requirements may be an option in
the future as light rail develops in the area. Shared
parking and parking structures should be encouraged.
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Transportation demand management techniques should
be used within the business district.
to build shared parking
garages to serve an area
as a regional parking
amenity.
The proposed
elimination of some
TDM allowances will
help ensure that multi-
family projects provide
enough parking to meet
their demand.
The proposed parking
alternatives are
intended to encourage
more practical
alternatives than are
currently allowed.
Encourage coordinated parking in the business district
and around commercial nodes.
Encourage structured and underground parking
wherever feasible to minimize the impacts upon
surrounding land uses and reduce the land area used.
Require adequate parking for each development and
flexibility on parking standards when served by other
mobility options.
A well-run and utilized transit system has many
benefits, including a reduction in parking requirements
Minimize cutbacks for on-street parking areas in order
to maintain wider sidewalks and landscape areas.
Locate parking lots behind buildings in every possible
circumstance in order to encourage use of transit,
facilitate pedestrian circulation and improve aesthetics
Encourage coordinated or structured parking facilities
with subsurface parking lots
Encourage the implementation of shared parking
agreements
Evaluate the feasibility of reducing the parking
requirements for new structures in the business district
when coordinated with shared parking arrangements
and alternatively mobility options
WESTSIDE
Neighborhood nodes contain little parking as they are
not normally major attractions for residents outside of
the neighborhood.
These objectives are
largely made possible
through the more
flexible provisions of
the proposed ordinance
and the proposed
revisions to the shared
parking section.
Office and businesses should be integrated with one
another to take advantage of shared parking to make
more efficient use of developable land.
Glendale Plaza should have flexible parking.
Parking should be required for all uses but located
behind or to the side of buildings and shared parking
should be encouraged to maximize developable space.
Redwood Rd section: residential development should be
encouraged via parking reductions and other incentives.
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ATTACHMENT G: PUBLIC PROCESS TIMELINE
May 2017 Planning staff developed and released a Request for Proposal to re-
write Chapter 21A.44, Off-street Parking, Mobility and Loading
Chapter of the zoning ordinance
Clarion Associates submitted the lone response to the request
June 2017 Selection committee awarded contract to Clarion Associates.
Committee represented the following divisions/departments:
Planning, Transportation, Redevelopment Authority, and Housing
and Neighborhood Development
July 2017 Contract finalized, and project kickoff meeting held with Clarion
Associates to discuss issues and goals
September 2017 Mayor initiates the petition PLNPCM2017-00753 regarding Chapter
21A.44 amendment
City’s Public Engagement Team conducts meeting with Clarion
Associates and identified business and developer stakeholders to
gather initial comments
Collected comments from Bicycle Advisory Board at monthly
meeting
Internal meetings with the following divisions: Planning, Building
Services, and Transportation divisions
October 2017 Planning Commission briefing
Business Advisory Board briefing
November 2017 Public survey conducted online with results given to Clarion
Associates for consideration
December 2017 Public open house held at Liberty Senior Center
February 2018 Draft chapter received from Clarion Associates
March – April 2018 Draft chapter circulated to city departments for review and comment
Department comments sent to Clarion for incorporation into a
public draft
May 2018 Clarion provided first public draft and met with external steering
group
June – Dec 2018 Project on hold due to changes in Planning staff, new project
manager
Page 94
Feb – June 2019 Planning staff re-started work on the project and began public
outreach with The Downtown Alliance and community council
presentations (Ballpark, Sugar House, ELPCO)
May 2019 Draft chapter published on city’s website and emailed to more than
2,000 public contacts for review
June – July 2019 Planning staff conducted six public open houses to acquire public
input
- Main library (2)
- Glendale library
- Partners in the Park evening event
- Sugar House fire station (2)
September 2019 Planning staff held two work sessions with the Planning Commission
(September 11 and September 25)
Page 95
ATTACHMENT H: PUBLIC COMMENTS
Public Survey:
As part of this update process, an online community survey was made available in November
of 2017. Respondents were given the opportunity to offer their opinions and thoughts about
off-street parking in Salt Lake City. Six questions were asked with the intended purpose of
using the results to help inform future changes to the City’s Off-Street Parking Chapter. Over
700 people participated in the survey.
Common themes of the survey:
Minimize spill-over parking into residential neighborhoods.
All projects (regardless of size) should provide adequate parking to meet the anticipated
demand.
The market should have a larger role in controlling the amount of parking provided.
Elevate the level of quality and design required for large parking lots.
Empower City Staff to approve minor adjustments to parking requirements if specific and
consistent criteria are met.
Community Councils:
All recognized community-based organizations were notified of the proposed text amendments at the
beginning of the project and once the draft ordinance was available. Most opted to direct their residents
to our project website or to attend one of the open houses. Staff did attend community council meetings
with Sugar House, ELPCO, and Ballpark Community Councils. Primarily they wanted an overview of
the proposed changes and then to focus on the specifics of the parking contexts within their council
areas, including parking counts for common land uses. Additionally, most were interested in the
changes to alternative parking options. Most were pleased to see that the Transportation Demand
Management options being eliminated as they felt that the provision was not resulting in decreased
parking demand. They were also interested to see what provisions were put in place to encourage
shared parking arrangements. The delicate balance of providing enough parking within neighborhood
centers, without destroying character or spilling into the neighborhoods was also discussed.
Focus Groups: Planning Staff met the following groups:
Bicycle Advisory Board
Business Advisory Board
Downtown Alliance
Developer Stakeholders
The groups provided feedback at the onset of the project and in response to the draft ordinance. Some
of the themes that emerged from these meetings includes that they want an ordinance that:
Is clear and predictable
Allows for more market driven parking counts
Does not limit parking within parking garages
Prioritizes alternative transportation methods where feasible
Open Houses:
Page 96
One open house was held as a kick-off for the project. Once the draft ordinance was made available,
Staff held an additional six open house events in different parts of the City and at different times of day.
Staff presented a summary of the proposed ordinance, the parking context map, and information
sheets on each of the parking contexts. Although attendance was generally low, nearly all that came
expressed support of the proposed revisions. The feedback was nearly unanimously positive.
Commission Briefings:
The following points and recommendations were made during the most recent briefings with the
Planning Commission where they were asked for their direct feedback on the proposed changes:
PC Briefing – September 2019
Project scope, purpose, and general updates
Public process updates and key take-aways
Proposed alternatives to parking calculations
Parking minimums for Cottage Developments
Parking minimums for Multi-Family Developments in the General Context
Parking reductions for development located near high-frequency bus stops
Planning Commission Notice of the public hearing for the proposal included:
Agenda posted on the Planning Division and Utah Public Meeting Notice websites on Friday,
December 20, 2019
Newspaper notice ran on Saturday, December 28, 2019.
Page 97
ATTACHMENT I: CITY DEPARTMENT COMMENTS
Throughout the revision process, Planning Staff has worked closely with applicable City
divisions/departments, including:
Housing and Neighborhood Development
Fire
Building Department
Engineering
Public Utilities
Attorney’s Office
Sustainability
Police Department
Transportation
Zoning
Each department has provided feedback and suggested revisions which have been incorporated into
the various drafts. The comments below represent any final comments for the proposed off-street
parking ordinance:
Housing and Neighborhood Development: The section on affordable housing on page 23
(item D) covers all the groups of residents that HAND requested be included for consideration of
parking requirement reductions. I’ll look forward to seeing what the Planning Commission and
Council move ahead with.
Public Utilities: Stormwater quality treatment is required for all off-street parking. Wherever
possible low impact green infrastructure should be used. Interior landscape islands and park strips
should be used for stormwater filtering and treatment. Best management practices for stormwater
must be reviewed and approved by Salt Lake City Department of Public Utilities. Refer to the SLC
Stormwater Master Plan, Storm Drainage Manual, and Green Infrastructure Toolbox for additional
information.
Transportation:
1. In 21A.44.020A.3, Change of Use, a. – The first paragraph refers to subsections b
and c, but there is no subsection c. Also, the existing ordinance says that only the
incremental increase in parking is to be added. Does this ordinance state the project
must provide the entire minimum parking requirement?
2. Table 21A.44.040. I am not sure what a single-family cottage development is. Also, it
seems to me that there should at least two spaces required for single family
developments in the Neighborhood Center Context.
3. There are some boxes in the Table 21A.44.040-A that are blank.
4. In some parts of the Table 21A.44.040-A, the maximum allowance does not cover all
of the contexts.
5. In Table 21A.44.040-A, the minimum parking requirement for restaurants is listed
as 2 per 1,000 sf. This number could be boosted up to maybe 3 per 1,000 sf.
Page 98
6. Retail Sales and Service. There is no minimum parking requirement for Photo
finishing lab, Electronics repair shop, Furniture repair shop and Upholstery shop.
This causes employees and customers to park on street. There should be a minimum
parking requirement.
7. Bicycle parking. This section has been substantially changed. I will need to run this
by our bicycle coordinator, Becka, for her input. It would be safe to leave this part of
the existing ordinance as is.
8. Valet Parking Services. “Modifications to on-site parking spaces may occur on a one-
to-one basis…” I’m not sure what this means.
9. Table 21A.44.060-A. In some of the boxes in the table, there is the letter “N”. I’m
assuming that this means “None”. It is unclear.
10. Sight Distance Triangle. We may need to adjust other ordinances (21A.40.120.E and
21A.62.050, Illustration I) so as not to be redundant or conflicting.
11. There is no mention in the ordinance of parking ramps (slopes and maximum
breakover points). There should be a referral to the Off-streets Parking Standards
Manual.
Staff Discussion on Comments from Transportation:
Minor corrections were made to the draft ordinance based on comments 1, 3, 4, & 10. Modifications to
the required parking counts as mentioned in comments 2, 5, & 6 were not made as these counts have
already gone through the public process and have been presented to the Planning Commission in work
sessions without requests to be modified. Staff provided the reviewer with explanations requested in
comments 1, 2, 8, & 10. The bicycle standards (comment 7) have not been modified since the draft was
last sent for department review in May. Planning staff is inclined to present them to the Planning
Commission as presented in the proposed ordinance attached to this report.
Page 99
3. PLANNING COMMISSION
C. Agenda/Minutes
Minutes approved January 22, 2020
SALT LAKE CITY PLANNING COMMISSION MEETING AGENDA
In Room 326 of the City & County Building
January 8, 2020 at 5:30 p.m.
(The order of the items may change )
FIELD TRIP - The field trip is scheduled to leave at 4:00 p.m.
DINNER - Dinner will be served to the Planning Commissioners and Staff at 5:00 p.m.
in Room 126 of the City and County Building. During the dinner break, the Planning
Commission may receive training on city planning related topics, including the role
and function of the Planning Commission.
PLANNING COMMISSION MEETING WILL BEGIN AT 5:30 PM IN ROOM 326
APPROVAL OF MINUTES FOR DECEMBER 11, 2019
REPORT OF THE CHAIR AND VICE CHAIR
REPORT OF THE DIRECTOR
PUBLIC HEARINGS
1. Conditional Use for ADU 2651 S. Imperial Street
Case number PLNPCM2019-00999
2. Zoning Map Amendment at approximately 1172 E Chandler Dr
Case
number PLNPCM2019-00795
3. Cleveland Court at approximately 1430 S 400 E
a.
Case
number PLNPCM2019-00189;
b.
Case number
PLNPCM2019-00190;
c.
Case number PLNSUB2019-00934.
4. Off-Street Parking Chapter Ordinance Revision
a.
b.
c.
d.
Case number
PLNPCM2017-00753
Salt Lake City Planning Commission January 8, 2020 Page 1
SALT LAKE CITY PLANNING COMMISSION MEETING
City & County Building
451 South State Street, Room 326, Salt Lake City, Utah
Wednesday, January 8, 2020
5:35:06 PM
Field Trip
APPROVAL OF THE DECEMBER 11, 2019, MEETING MINUTES.5:35:15 PM
MOTION 5:35:25 PM
Commissioner Bachman moved to approve the minutes from December 11, 2019.
Commissioner Scheer seconded the motion. Commissioners Paredes, Lyon, Barry,
Urquhart abstained
from voting. The motion passed 7-1.
REPORT OF THE CHAIR AND VICE CHAIR 5:36:00 PM
REPORT OF THE DIRECTOR 5:36:27 PM
5:39:51 PM
Conditional Use for ADU 2651 S. Imperial Street
Salt Lake City Planning Commission January 8, 2020 Page 7
7:45:08 PM
Off-Street Parking Chapter Ordinance Revision
a.
b.
c.
d.
Case number
PLNPCM2017-00753
PUBLIC HEARING 8:20:04 PM
Salt Lake City Planning Commission January 8, 2020 Page 8
MOTION 8:47:05 PM
Commissioner Lyon stated, based on the information in the staff report, the information
presented, and the input received during the public hearing, I move that the Planning
Commission recommends approval of the Ordinance Amendment petition for
PLNPCM2017-00753 off-street parking, mobility, and loading with the condition listed in
the staff report.
Commissioner Scheer seconded the motion. Commissioners Mano, Urquhart, Scheer,
unanimously.
The meeting adjourned at 8:48:18 PM
3. PLANNING COMMISSION
D. Staff Presentation Slides
3. PLANNING COMMISSION
E. Additional Public Comments Received
From:
To:Daems, Eric
Cc:Norris, Nick; Larsen, Jonathan
Subject:(EXTERNAL) I am against lowering off street parking requirements.
Date:Wednesday, January 8, 2020 12:08:58 PM
Despute public comments to increase parking requirements, the Commission pushed Planning
to reduce parking minimums. The proposal ignores the large car lots that Salt Lake City
encourages due to the large tax revenue that they generate. I am against these proposals:
Building use or expansions of more than 25% would require new parking regulations with no
additional parking in D1 D2 D3 and Urban Center context and Transit Context areas when
there is a change of use. Buildings older than 1944 do not require more parking for adaptive
reuse. All lots other than single or two family dwellings smaller than 5000 sq ft created prior
to April 12, 1995 have exemptions to parking requirements but any parking needs City
approval. Currently D2 and D3 less than 1000 sq ft is exempt from parking requirements.
There is a minimum parking of 3 per 1000 sq ft (now)adds 5 max per 1000 sq ft. I disagree
with these reductions in parking.
"In many cases the minimum requirements have been reduced or eliminated altogether
(Transit/Urban Center Contexts), but in a few cases (notably retail and restaurant uses) the
exceptionally low standards in the current ordinance have been increased in order to reduce
overflow parking in neighborhoods."
"day cares, parks, warehouses, and several industrial uses, do not have maximum parking
requirements in the revised chapter."
I still disagree that parking requirements should be reduced.
The parking proposal allows secure/enclosed bicycle parking to reduce parking in half; and
the Planning Director can modify parking requirements, using approved adjustments to reduce
requirements by up to 40%. I am against both of those.
It increases shared parking from 500 ft away to up to 1200 ft. All multi-family or
commercial properties within a 1/4 mile of a fixed transit station can reduce parking
minimums 25% (used to be decreased 50%) (changed to radial straight line) (Transit Context
minimums not changed). I am against that.
Income restricted and/or age restricted units minimum parking reduced to 25%, with a further
15% reduction within a quarter mile of a high frequency bust route stop (2, 9, 200, 205, 209,
217 220). Developments with 100 or more parking spaces could reduce 7 spaces for each van
pool space. Valet stalls can reduce parking one for one. Developers can submit parking
studies to justify reducing parking. I am against that.
During public engagement, the public wanted 2 spaces per unit. Planning Staff, under
pressure from Planning Commission, reduced it to 1 per studio and 1 bedroom and 1.25 for
more than 1 bedroom. I think that the citizens should be listened to and respected.
It is important to note that in Salt Lake City, "Typical multi-family developments in the
general context are averaging about 1.6 stalls per unit." That shows that parking
requirements/minimums should not be reduced, especially in the Transit Context which has no
minimum!!
Lowering parking requirements will actually encourage residents to relocate to the suburbs,
and, if done for stores, it will encourage driving to nearby cities to spend money and increase
pollution.
In addition, the pre-eminent study on fare elasticities (Booz Allen Hamilton) show that lack
of parking at transit stations discourages mass transit ridership increases.
Lowering parking requirements for residential units will discourage car owners and shift the
units to mostly low income which will defeat the SLC housing policy of mixed income.
Salt Lake City should slow down this process until the public are fully informed with a more
thorough outreach. Otherwise, this process will be less popular than the recent so called Utah
tax cut.
From:
To:Daems, Eric
Subject:(EXTERNAL) Fwd: text amendments for off-street parking
Date:Wednesday, January 8, 2020 5:13:39 PM
Eric-I am bringing copies to the meeting.
---------- Forwarded message ---------
From:
Date: Wed, Jan 8, 2020 at 5:06 PM
Subject: text amendments for off-street parking
To:
Why is this project so important? Three reasons: One is that the biggest obstacle to
compatible infill is the need to store the cars somewhere. Secondly, the space required for
storing cars reduces the potential density for housing. You can provide housing for a person
or a couple very comfortably in the space required to park 3 cars. Third, developments thrive
or fail based on the perceived availability of parking.
Historically, parking for automobiles was in the rear of a property behind the owner's home.
Now vehicles are accommodated on the front façade of a house, as if they were family
members.
Compliments to Eric Daems and J.P. Goates before him. It is challenging to get excited about
a necessary evil.
Here are some bullet points for your consideration.
1 Without question, you should earmark a review of the changes within 2-3 years of their
adoption by the City Council. It is very clear that some of the previous strategies did not
work.
2 p. 3 "Expansions less than 25 percent (of usable floor area) would not be required to comply
with the proposed regulations." A business owner would not go through incremental
expansions within a 2-year time frame because of the disruption to business and the
inefficiency in terms of costs of construction. BUT incremental expansion is a viable business
model which occurs over a longer period of time than 2 years and would certainly be used to
circumvent the parking requirements.
3 Bravo for allowing historic buildings to continue with existing uses or adaptive reuses
without modifications to parking.
4 Tricky on p. 2 If the City exempts a development from providing parking but then holds the
developer to the current standards for voluntarily providing parking, that appears to be
punishment for voluntarily providing parking to me.
5 Another sticky wicket: Eliminating of credit for on-street parking Yes, this option has been
much abused and sent drivers into adjacent neighbors in search of parking because the on-
street parking was already in use when the City allowed the developer to count it!
HOWEVER, if the developer creates on-street parking spaces and pays for them by using cut-
back parking or diagonal parking, then on-street parking created at the developer's expense
should be considered.
6 Bravo for recognizing that affordable units do not have the same requirements for parking.
The parking level at the Liberty Walk apartments Downtown is largely empty, no matter what
time of day I check. Some Seniors do retain their cars after they stop driving, but certainly a
reduction in the parking requirement would work for assisted living. The definition of
"senior" varies from 50 to 60 in this County. A reduction is not warranted in projects targeting
'active Seniors.'
7 Thanks to staff for recognizing that the most frequent delivery is by a van or UPS/Fed Ex.
8 We all know that the parking requirement for restaurants has been inadequate, but the worst
offenders in terms of demand for parking spaces are businesses which have overlapping
appointments such as beauty salons and doctors' offices. When a beauty salon opened in
one of three pads available in a project, its operation alone exceeded the parking required for
all three pads.
From:
To:Daems, Eric
Subject:(EXTERNAL) New parking ordinance
Date:Sunday, January 26, 2020 9:33:27 AM
Eric,
I am in support of the new parking ordinance. When do you expect it will be approved?
From:
To:Daems, Eric
Subject:(EXTERNAL) Parking ordinance
Date:Wednesday, January 29, 2020 3:47:33 PM
Hi Eric,
I may be a day late on this, and you may not be the correct contact, but I just got word that you
are working on modifying the parking ordinance by my colleagues on the
I live about . It
has always bothered me that the S-line was billed by Mayor Becker as a transit-oriented
development corridor and yet no one has seemed to take that to heart over the years and
enforce lower parking requirements while simultaneously incentivizing public transit use
along the transit corridors.
Is there some way to get UTA, SLC, and the property managers/owners of the units,
particularly along the S-line, but also within a 1/4 mile radius of all rail transit lines in the city
to build in UTA passes into HOA fees and rents? I have asked UTA about this they just keep
saying "well check out the HIVE pass..." The HIVE pass does not seem like the right solution
to this. The HIVE pass may be prohibitively expensive to most people, especially since rents
are so high right now. However, if there was a way to get several high density developments
on board, then the costs could be spread out over a larger segment of the population. This
could help mitigate traffic, parking issues, and air pollution.
I feel like UTA is stuck in this chicken and egg scenario - they can't increase service and
routes because they don't have enough ridership but they can't increase ridership because the
incentives for people to use transit are low and barriers are high. I don't know why no one is
taking the opportunity to carve out a solution. We have all of these high density developments
downtown and in Sugar House. There should be no reason the people living in those
developments shouldn't be given a transit pass or some incentive to use transit. I realize you
have zero control over UTA but I feel as though it is worthwhile to bring some folks to the
table and really find some solutions not only to parking, but to air quality and transit as well.
Thank you for your time and consideration on this. I apologize if this is out of your
wheelhouse.
Please let me know if there is anyone else I can reach out to in order to continue this
conversation or be of assistance in building community support. I am happy to speak with
Mayor Mendenhall, Councilwoman Fowler, and any one else you might feel would be
interested.
Thank you!
From:
To:Daems, Eric
Subject:(EXTERNAL) New Salt Lake Parking Chapter Requirements 21A.44
Date:Friday, April 10, 2020 10:53:26 AM
Hi Eric,
I spoke with you a couple weeks ago regarding the upcoming parking requirements that are
going to be changing in the near future.
You asked me to send you a quick email with information regarding what is or isn't working
with the new code that is being proposed. I appreciate the opportunity to weigh in. Overall I
feel the new parking chapter is great.
The main concern is the necessity of a loading birth for multi family complexes that are 40-
150 units.
Referenced in Table 21A.44.070-A: Off Street Loading Requirements:
We have 3 projects right now that range from 40 units to 90 units. All three of these projects
are in the TSA zone and are on lots that are roughly .25 acres or smaller.
The challenge we are running into is trying to fit a 10' x 35' x 14' tall loading birth into the
design. These smaller lots just don't allow for it from a design or cost perspective, especially
when you factor in the additional space needed to maneuver around this area. We just don't
have the room to accommodate a loading birth and still be able to make the projects pencil.
My humble suggestion (knowing that loading births are helpful and needed). Would be to
increase the unit count, so that 1 loading birth is required for complexes that are 80-150
units (at the very least). If it would be possible to get that number up to 90-150 units, that
would be even more helpful. But I feel if it isn't raised to at least 80 units minimum, then it will
kill the potential for a vast majority of infill and smaller development opportunities.
We definitely would not be able to do the 3 projects we are currently working on.
Please let me know if you have any questions for me. Thank you again for the opportunity to
weigh in on this.
4. ORIGINAL PETITION
Petition PLNPCM2017-00753
COUNCIL STAFF
REPORT
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM: Nick Tarbet, Policy Analyst
DATE: September 21, 2021
RE: Text amendment: Eliminating the
Special Exception Process
PLNPCM2020-00606
PROJECT TIMELINE:
Briefing 1 July 20, 2021
Briefing 2 Sept 21, 2021
Set Date: July 20, 2021
Public Hearing: Aug, 17 2021
Potential Action: TBD
Public Hearing Briefing
Three people spoke during the public hearing. Two expressed concerns on how these changes to the
outdoor dining special exception process would significantly impact their homes for the worse. They
asked the council to hold off on taking action and take time to consider making improvements that
will help mitigate the impact of outdoor dining on adjacent, residential properties.
Additionally, representatives from Verizon Wireless also made comments. They refereed to a letter
they sent earlier to Council Members that included redlined comments to the proposed ordinance
specific to ground mounted utility boxes.
The Council closed the public hearing and asked Planning staff to research and come back with
potential recommendations that would include options to mitigate the impact of outdoors dining
adjacent to residential zones and to review the comments made by Verizon representatives.
Outdoor Dining Changes
Page | 2
Attachment A is the Planning Division memo, which outlines how outdoor dining is currently
regulated, a summary of the proposed regulations, the methodology that went into analyzing
the proposed regulations, and the options the Council may want to consider.
Pages 4-9 of the memo provides the details on each of the following options:
1. Leave the proposed standard as is.
2. Increase the landscape buffer to match the 10-foot setback in zoning districts where the
required landscape buffer is less than 10 feet.
3. Increase the setback for outdoor dining.
4. Require a conditional use when outdoor dining in a side or rear yard is adjacent to a
residential zoning district that doesn’t otherwise allow food serving establishments.
5. Limit the size of the outdoor dining area in a side or rear yard.
During the work session briefing, the Council may wish to discuss these options with the
Planning staff and then decide how to proceed. The public hearing was closed, so a continued
public hearing is not required.
Verizon Wireless Suggestions
Attachment B is the letter submitted by Verizon Wireless. They said their comments are
intended to provide clarity on two issues:
1. identifying which types of property/parcels each section applies to, and
2. ensuring “wireless services” and “other telecommunications services” are covered within
the scope of Subsection 3 since wireless providers and others are not regulated utilities
The suggestions can be seen as track change in attachment B. Planning staff and the Attorney’s
office reviewed Verizon’s suggestions are do not oppose them.
If the Council is supportive of including the changes provided in Attachment B into the final
draft of the ordinance, a straw poll can be taken to direct staff to include them.
The following information was provided for the August 17 public hearing. It is
provided again for background purposes.
Work Session Briefing
During the work session briefing Planning staff noted the current draft ordinance included a few typos
that needed to be correct. They sent an updated ordinance that made these corrections.
1. Outdoor dining additional parking requirements
Should say it is considered an expansion of the use. Previously said “is not”
(Line 725-727 of Legislative Daft)
2. Accessory building height in multifamily zones
Should say max of 21’ for a pitched roof. Previously said 15’.
(Line 636 of Legislative Daft)
Page | 3
Additionally, a constituent reached out to Council Member Mano and Council staff to express his
concerns about the impact of outdoor dining on his home. He said the constant noise from an adjacent
restaurant has significantly impacted his home for the worse.
He wants the City to keep the special exception process for outdoor dining so residents impacted by
potential outdoor dining have a process that enables them to let the City know when that type of use
will have a negative impact on adjacent properties and mitigate it or potentially deny it.
The draft ordinance would permit outdoor dining with qualifying provisions intended to reduce the
impact when next to residential zoning districts, including a setback from the shared property line and
time limitations for outdoor music. The constituent is aware of this and believes it is not enough.
He requested a meeting with Council Member Mano and Planning staff to go over his concerns. At the
time this memo was written, the meeting was still being set up.
Staff recommends that the Council continue the public hearing to a future Council meeting in case
potential amendments to the draft ordinance come out of that meeting.
The following information was provided for the July 20 work session briefing. It is
provided again for background purposes.
ISSUE AT-A-GLANCE
The Council will be briefed on a proposal to that would remove the special exception process from the
zoning ordinance. The purpose of this proposal is to amend the zoning ordinance related to special
exceptions to accomplish the following:
Simplify the zoning ordinance by updating regulations and eliminating special exceptions
Reallocate staff resources away from processing land use applications that favor individual
properties and toward updating overall zoning codes to align with adopted master plans
Increase predictability and reduce neighbor conflicts that are created by requests for exceptions to
the zoning regulations for single parcels
A special exception is a minor alteration of a dimensional requirement of the zoning ordinance or
addresses accessory uses and structures. Common examples of special exceptions include requests for
exceptions to the maximum height requirements for buildings and fences, additions to existing buildings
that do not comply with current setback requirements, grade changes over four feet in height, legalization
of dwelling units when there is no record of the unit be permitted, and modifications to building bulk
requirements in historic districts. Special exceptions are approved by staff of the Planning Division, the
Planning Commission, or Historic Landmark Commission depending on location/designation of the
property.
The Planning Commission forwarded a positive recommendation to the City Council.
Policy Questions
1. The Council may wish to ask if this change will enable planning staff to process other
initiatives more quickly, and how this staff time would be coordinated with the positions added
in the FY 22 budget process.
Page | 4
2. Given the breadth of these changes and City-wide nature, the Council may wish to discuss with
planning staff how public feedback was sought and incorporated, and whether additional
public process is concluded.
Public Process
The proposed text amendment went through the required public process outlined in City Code
See pages 2-3 of the transmittal letter for details.
Early engagement period ran from August 13 to October 10, 2020
o The public information document was posted on the Planning Division website
o Notice sent to all recognized organizations, AIA Utah, and the Planning Divisions email list
Planning Commission held a work session on September 30, 2020
Historic Landmark Commission virtual public hearing on November 5, 2020
o HLC adopted a motion recommended that the City Council adopt the proposal
Planning Commission virtual public hearing on November 18, 2020
o PC unanimously adopted a motion recommending that the City Council adopt the proposal
During the public process, Planning staff reached out to the Utah chapter of the American Institute of
Architects (AIA) and Rocky Mountain Power (RMP), in addition to all recognized organizations. RMP
provided suggestions to the proposal.
ADDITIONAL INFORMATION
Definition (21A.52.020): A "special exception" is an activity or use incidental to or in addition to the
principal use(s) permitted in a zoning district or an adjustment to a fixed dimension standard permitted as
exceptions to the requirements of this title of less potential impact than a conditional use but which
requires a careful review of such factors as location, design, configuration and/or impacts to determine the
desirability of authorizing its establishment on any given site.
Purpose Statement (21A.52.010): The planning commission or historic landmark commission may
delegate its authority as necessary to the planning director to make a determination regarding special
exceptions. The planning director may approve the special exceptions authorized by this title in accordance
with the procedures and standards set out in this chapter and other regulations applicable to the district in
which the subject property is located.
Budget /Staffing Impact
Pages 2-3 of the transmittal letter outlines the budgetary and staffing impact of the proposed amendments.
Below are some of the key info taken from that section.
If adopted, revenue from application fees would decrease approximately $43,000.00
o application fee of ($265) x average number of applications submitted annual (156)
Approximately 150 applications for special exceptions are received each calendar year.
The application fee is $265.00.
Eliminating this process would result in significant staff time savings. See calculation summary
in the following two sections:
Typical Special Exception Process
Page | 5
o The processing time for a typical special exception is about17 hours. The cost to process
the applications is determined primarily by the hours of staff needed.
the cost to the city is between approximately $460.00 and $575.00
depending on the classification of the planner processing the application.
The application fee covers between 48-57% of the cost.
Special Exception that Requires Planning Commission or Historic Landmark
Commission Review
o Average processing time for special exceptions that require approval by the Planning
Commission or Historic Landmark Commission is approximately 52 hours.
Staff hour cost is between $1,370.00 and $1,765.00 which is 5-6.6 times the
application fee.
The application fee only covers between 15% and 52% of the cost to process
which means that the rest of the cost is subsidized by the city.
Summary of Proposed Changes
Currently there are 42 special exceptions authorized in the zoning ordinance. The proposal addresses each
special exception and results in each of them being either deleted, permitted, or authorized through a
different process in the zoning ordinance. The list below uses a color code to easily identify the proposed
changes for each item.
Process to be Permitted (see items in the list below in blue)
Most special exceptions do not generate public input and either require no conditions of approval
or require consistent conditions of approval regardless of the property location. The special
exceptions that fall into this category will be allowed by right and some of them will have
specific qualifying provisions
Processes Proposed to be Eliminated (see items in the list below in red)
These exceptions are being eliminated because they make up the bulk of denied special exceptions
requests, there are other processes to address the exception already in the zoning ordinance, or due
to the high level of controversy that are generated by the exceptions.
Proposed Changes that Generated Public Input (see items in the list below in green)
The Planning Division identified some special exceptions that have generated public input during
the process, as potentially impactful and the Planning Commission asked for more detailed
information those items. See pages 23-25 Planning Commission Staff report for full discussion on
these items:
Historic Landmark Commission would retain authority to make modifications to
dimensional requirements through existing processes in 21A.34.020 Historic Preservation
Overlay District.
Ground mounted utility boxes will be required to be on private property when serving
individual developments.
Accessory building heights would be able to increase slightly up to a district specific
maximum with increased setbacks.
Outdoor dining would be permitted with qualifying provisions intended to reduce the
impact when next to residential zoning districts, including a setback from the shared
property line and time limitations for outdoor music.
Front yard parking would be allowed for residential uses only when no other yard is
accessible for parking and there is no option for an attached garage.
Page | 6
Inline additions would be allowed to follow existing building lines in front and rear yards.
In side yards, an inline addition would be allowed to extend an existing wall that doesn’t
met setbacks up to 25% of the length of the wall.
In commercial zoning districts, building height would be allowed to be increased by up to
10% if the lot is sloped, the increased height is not creating an additional habitable, upper
level to the building, and at least 50% of the building complies with the height requirement.
Zoning districts where vintage signs can be used as art are expanding to include the
following zoning districts: CSHBD-2, FB-UN2, FB-UN3, FB-SC, FB-SE, and TSA.
Vintage signs as art is already authorized in the D-1, D-2, D-3, D-4, G-MU, and CSHBD1
zoning districts.
The following is a simple summary of the proposed changes. The change for each item is identified as
either; deleted/no longer authorized, permitted with some qualifying provisions, or permitted/authorized
through a different process. (Attachment A of the November 18, 2020 staff report for the Planning
Commission)
1. Additional Accessory structure height: increased height (up to 75% of the principal structure)
allowed with increase in setbacks
2. Accessory structures on double frontage lots: standards added to match location of accessory
buildings of the block.
3. Additional height for fences: removed exception process, sets maximum heights.
4. Additional building height in commercial districts: deleted special exception; standards added to
allow 10% increase on sloping lots.
5. Additional height in foothill districts: deleted special exception
6. Additional height in R-1, R-2, SR districts: deleted special exception
7. Alternative to off street parking: deleted
8. Barbed wire fences: standards added, restricted to industrial and agricultural zones and for land
uses that require added security, such as public utility facilities.
9. Conditional home occupations: deleted. This was changed several years ago to permitted but was
not deleted from the special exception chapter.
10. Dividing exiting lots with existing detached dwellings: allowed through the subdivision process
with standards added.
11. Front yard parking: Standards added to allow front yard parking in very limited instances.
12. Grade changes over 4 feet: will become permitted with a step between retaining walls necessary to
retain the grade change.
13. Ground mounted AC units, pool equipment, etc. within 4 feet of side or rear property line:
standards updated to allow equipment in additional situations when there is no impact, or the
equipment is screened.
14. Hobby shop, art studio, exercise room in accessory buildings: deleted, will become permitted.
15. Inline additions: permitted to match the existing building setback in front and rear yards; allowed
in a limited manner in side yards.
16. Home day care: will become permitted or conditional based on Utah Code requirements for
number of kids.
17. Outdoor dining in required yard: will be permitted with specific standards for setbacks, noise, etc.
when next to residential zone.
18. Razor wire fencing: limited to industrial and agricultural zones and some uses that require a high
level of security.
19. Replacement of noncomplying building or portion of a noncomplying building: allowed by right
within the noncomplying chapter of the zoning ordinance.
20. Underground encroachments: permitted in the encroachment table with standards.
21. Window mounted AC units: deleted special exception, will be permitted.
22. Vehicle and equipment storage in CG, M1, M2, EI: permitted with specific standards for water
quality and to reduce mud, dirt, gravel being carried onto public streets.
Page | 7
23. Ground mounted utility boxes: prohibited in the public right of way unless the box serves a broader
area than just a private development and with specific standards; location requirements on private
property added. Size limitations deleted.
24. Unit legalizations: will be addressed as a determination of nonconforming use in chapter 21A.38.
Standards related to continuing use maintained. Other standards that require update to parking
standards deleted.
25. Vintage signs: Changed to permitted with existing standards in the ordinance, expanded where a
vintage sign could be used as public art.
26. Additional height for lights at sports fields: changed to permitted with screening of light trespass,
increased setback from residential uses.
27. Recreation equipment height in OS zone: capped at 60 feet in height with no exceptions.
28. Public utility buildings in OS zone: will be allowed to exceed building height for critical public
utility infrastructure. Does not include office buildings.
29. Fence and wall height over 6 feet for homeless resource centers: Planning Commission will be given
the authority to approve taller fences for buffering purposes.
30. Enlargement of structure with noncomplying use: allowed by right provided the addition complies
with zoning requirements.
31. Horizontal inline additions: permitted to match existing portions of buildings that do not meet
setback when the addition is in the front or rear yards, with limited application in side yards.
32. Alteration to an existing SFD [single family dwelling] when the use is not allowed: alterations will
be permitted.
33. Amateur HAM radio antennae over 75 feet in height: special exception deleted.
34. Electrical equipment for cell towers: will need to be in a side or rear yard with specific setback and
screening requirements.
35. Electrical security fences: permitted with updated qualifying provisions.
36. Covered ADA ramps: deleted, will be addressed through a reasonable accommodation authorized
under federal laws.
37. Ground mounted utility boxes over a certain size in the right of way: will be deleted and required to
be located on private property when serving individual developments.
38. Front yard parking for SFD when side or rear yard not accessible: deleted and will be allowed in
very limited instances.
39. Parking exceeding the maximum: deleted. Will be addressed through proposed changes to parking
ordinance.
40. Alternative parking requirements: deleted. Will be addressed through proposed changes to parking
ordinance.
41. Commercial signs in historic districts: delete special exception requirement; will be authorized
through existing processes in the Historic Preservation Overlay.
42. HLC bulk modifications: delete special exception requirement: will be authorized through existing
processes in the Historic Preservation Overlay.
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 406 WWW.SLC.GOV
PO BOX 145480 SALT LAKE CITY, UT 84114-5480 TEL 801-535-7757 FAX 801-535-6174
PLANNING DIVISION
DEPARTMENT of COMMUNITY and NEIGHBORHOODS
MEMORANDUM
To: Nick Tarbet
CC: Mayor Erin Mendenhall, Rachel Otto, Lisa Shaffer, Blake Thomas, Orion Goff, Michaela Oktay, Cindy
Gust -Jenson, Jennifer Bruno
From: Nick Norris, Planning Director
Date: August 26, 2021
Re: City Council request for options related to outdoor dining regulations under consideration as
part of Petition PLNPCM2020-00606 Removing Special Exceptions from the Zoning Code
On August 17, 2021 the City Council held a public hearing regarding a zoning text amendment that
would remove special exceptions from the zoning code. After the public hearing, the City Council
adopted a motion to continue the item to a future date and requested options to address the impacts
of outdoor dining on adjacent residential land uses. Based on meetings with the City Council
members and input from some residents, the primary issue being considered is noise associated with
the outdoor dining.
Current Regulations:
Outdoor dining is permitted in the buildable area for any food serving establishments. The buildable
area is the area on a lot that is created after the minimum setbacks of a lot are applied. The buildable
area is the area of a lot where a principal building can be built after the required setbacks are applied.
In most zoning districts, outdoor dining is currently allowed by right without special exception
approval in a required landscaped yard or buffer yard area. In the RB, CN, MU, R-MU, RMU-35, and
the RMU-45 Zones and for noncomplying food serving establishments special exception approval is
required for outdoor dining located in a required yard or buffer yard area.
The zoning code includes buffer yard requirements for most mixed use residential and commercial
zoning districts that also are appliable to new requests or expansions for outdoor dining:. The buffer
yards vary in dimension, with less intense zoning districts requiring smaller buffer yards and more
intense zoning districts requiring larger buffer yards. The buffer yards all require the following
elements to achieve the purpose of reducing impacts:
One shade tree for every 30 feet of landscape buffer.
A continuous row of shrubs to form a hedge along the entire length of the buffer with shrubs
that reach a mature height of at least four feet in height.
A solid fence between four and six feet in height, depending on the zoning district.
The table on the following page provides a summary of the current yard and landscape buffer yard
requirements for zoning districts that require a special exception.
Page 2
Table of Required Yards for Zoning Districts that Require a Special Exception for
Outdoor Dining when Located in a Required Yard
Side yard setback Rear yard setback Landscape buffer yard when
adjacent to residential zone
RB 6 feet 25% of lot depth but not greater
than 30 feet
None required
RMU-35 10 feet 25% of lot depth but not greater
than 30 feet
10 feet
RMU-45 10 feet 25% of lot depth but not greater
than 30 feet
10 feet
RMU none 25% of lot depth but not greater
than 30 feet
10 feet
CN 10 feet 10 feet 7 feet
MU None 25% of lot depth but not greater
than 30 feet
10 feet
There are 22 zoning districts that allow restaurants and similar uses and that have at least one property
that is adjacent to a residential zone (for the purpose of this memo, a residential zone is any FR, R, SR,
and RMF zoning district because they do not otherwise allow restaurants). Out of those 22 zoning
districts, 14 have either a side yard, rear yard, or both side and rear yard setbacks that are 10 feet or
less. The other 8 zones have larger setbacks. That is mostly because the eight zones with larger
setbacks also allow taller buildings and the larger setbacks are intended to reduce the impact of the
height, not necessarily an accessory use that occurs within the setback. A summary of the setbacks is
at the end of this memo.
Proposed Regulations
Removing special exceptions from the code does require modifications to the outdoor dining
regulations to reduce the impacts that outdoor dining may have on adjacent properties. The goal is to
reduce and impact so it does not become a nuisance. Noise is considered a nuisance once it reaches a
certain decibel level. Noise that below the established decibel level is considered an acceptable level
of impact. It is unreasonable to expect any land use not to generate some noise, which is why the Salt
Lake County Health Department has established certain thresholds in a countywide Noise Ordinance
and Salt Lake City has adopted the same regulations.
The proposal involved with the removal of special exceptions from the zoning code only impacts the
RB, RMU-35, RMU4, RMU, MU and CN zoning districts and nonconforming food serving
establishments. In all other zoning districts outdoor dining is already allowed in a required yard
without the need for special exception approval. The proposed regulations require a 10-foot setback
for outdoor dining when located in a side or rear yard adjacent to a residential zoning district that
doesnt otherwise allow food serving establishments. This setback would apply to all outdoor dining
situations where the outdoor dining is adjacent to residential, not just those situations where a
special exception is required.
The other outdoor dining regulations were modified to clearly identify where outdoor dining could be
located on a lot, to ensure compliance with landscape buffer yards and allowed encroachments are
complied with, that smoking be prohibited within 25 feet of an adjacent property, and that music be
prohibited between 9:00 pm and 9:00 am. The current code references compliance with the
Page 3
environmental performance standards in the code, but that reference is not necessary because all
land uses are required to comply with those standards. The environmental performance standards
include air quality, waste and refuse, noise, and other similar regulations that are enforced by other
entities.
How the proposed regulations were determined
Recent special exception approvals for outdoor dining have consistently applied a 10-foot setback when
outdoor dining is next to a residential zoning district. One proposal from 2020 in the avenues asked
for an outdoor dining in a side yard with a smaller setback. The Planning Commission did not allow a
reduced setback in that instance.
The Planning Division also considered the 2013 action by the City Council to modify the outdoor dining
regulations. Modifications adopted at that time included a standard that says the outdoor dining shall
be located where it is likely to have the least adverse impact on adjacent properties. This is a difficult
standard to enforce, primarily because it is subjective and cannot really be determined until after the
outdoor dining exists. The Planning Division considered this standard and added measurable
regulations to remove the subjectivity and vagueness.
The Planning Division also considered the setbacks of the underlying zoning districts where outdoor
dining requires a special exception. Setbacks are intended to reduce the impacts that development has
on adjacent properties. Under current regulations if outdoor dining is in the buildable area, no special
exception is required for outdoor dining. The 10-foot setback in the proposal is consistent with the side
yard setback in the underlying zoning district. The proposed 10-foot setback for outdoor dining is
equal to or larger than the side yard setback of the zoning districts where a special exception is currently
required. This at least maintains or decreases the impact outdoor dining has when next to residential
zoning districts. The R-MU and MU zoning districts would see the setback go from zero to 10 feet. The
RB zoning district would see the setback increase from 4 to 10 feet. The side yard setback (and
buildable area) would stay the same in the RMU-35, RMU-45, and CN zoning districts, which
maintains the current regulation where no special exception would be required.
The rear yard requirement in the zones where a special exception is currently required vary more than
the side yard setback does. In the RB, RMU-35, RMU-45 and RMU zones the rear yard setback is 25%
of the lot depth up to a maximum of 30 feet. The 10-foot rear yard setback for outdoor dining was
proposed to provide some flexibility for use of rear yards while still having some separation from
residential uses and to recognize that the impacts in the side yard are similar to the impacts outdoor
dining would have in a rear yard. It should also be noted that the RB, MU, RMU-35, RMU-45, and
RMU zones also require a 10-foot landscaping buffer when located next to a residential zoning district.
That also factored into the proposed 10-foot setback for outdoor dining.
The CN zoning district requires a 10-foot rear yard setback. This matches the proposed setback for
outdoor dining and respects the fact that under current regulations outdoor dining could be 10 feet
away from a rear property line without special exception approval. Even if the proposal were not
adopted, no special exception would be required if outdoor dining was placed 10 feet or more from a
rear property line because the outdoor dining would be in the buildable area.
Required landscaped buffer yards were also considered when crafting the outdoor dining setbacks.
The landscape buffer yard requirements vary by zoning district. The width of the buffer, the number
of trees, and number of shrubs required in the landscape buffer increases with the intensity level of the
zoning district.
Page 4
The RB zone does not require any landscaping buffer. The MU, RMU-35, RMU-45, and RMU zoning
districts require a 10-foot landscaped buffer, which matches the proposed setback for outdoor dining.
The CN zoning district requires a 7-foot landscaped buffer. The proposed outdoor dining would not
impact this requirement and would add 3 additional feet of setback, although the additional 3 feet
would not be required to be landscaped.
Furthermore, as there are 22 zoning districts in the city that have some properties that are adjacent to
a residential use, the setback helps decrease the instances where conflicts might occur if outdoor
dining were placed at a shared property line between a restaurant and a residential zoning district.
This was intentionally considered so the zoning regulations are more equitably applicable to similar
situations across all zoning districts where the adjacency may occur.
Options
The City Council specifically asked the Planning Division to provide options to reduce impacts
outdoor dining has on adjacent residential uses. Options related to eliminating outdoor dining were
not included due to the widespread impact doing so may have. There are four options that the
Planning Division analysis shows would reduce impacts, particularly impact related to noise.
1. Leave the proposed standard as is.
2. Increase the landscape buffer to match the 10-foot setback in zoning districts where the
required landscape buffer is less than 10 feet.
3. Increase the setback for outdoor dining.
4. Require a conditional use when outdoor dining in a side or rear yard is adjacent to a
residential zoning district that doesnt otherwise allow food serving establishments.
5. Limit the size of the outdoor dining area in a side or rear yard.
1. Leaving the proposed standard as is
The current standard is based on the history of special exception approvals for outdoor
dining and the setbacks of zoning districts that allow food serving establishments that may
have outdoor dining. There are 22 zoning districts that allow restaurants and similar uses
and that have at least one property that is adjacent to a residential zone (for the purpose of
this memo, a residential zone is any FR, R, SR, and RMF zoning district because they do not
otherwise allow restaurants). Out of those 22 zoning districts, 14 have either a side yard, rear
yard, or both side and rear yard setbacks that are 10 feet or less. The other 8 zones have
larger setbacks. That is mostly because the eight zones with larger setbacks also allow taller
buildings and the larger setbacks are intended to reduce the impact of the height, not
necessarily an accessory use that occurs within the setback. The current outdoor dining
regulations reflect this.
Under the current regulations, in zoning districts with a setback that is 1o feet or less, a
special exception for outdoor dining is not required because the outdoor dining would be in
the buildable area. The proposed regulation increases the required setback in zoning
districts that have a setback that is less than 10 feet and recognizes that the impact from
outdoor dining is the same regardless of the intensity level of the zoning district and a step
towards creating more equitable buffers for residential uses that are adjacent to restaurants,
coffee shops, and cafes.
This option would likely have the fewest unintended consequences because it matches the
typical setback that is placed on outdoor dining in a side or rear yard adjacent to residential
Page 5
zoning districts. The setback was also placed in the Mayors Emergency Declaration relating
to outdoor business activity and part of the temporary land use regulations the City Council
adopted earlier this year and that are still in effect.
The concern that has been raised by some is that their privacy is impacted by restaurants
and similar uses when they live next door. Noise nuisances are already addressed in city
code and do not need to be further addressed in this proposal. Nuisance enforcement does
place the expectation on the neighbors to contact the city and/or the Salt Lake County
Health Department and an expectation that these entities will follow up on the complaints.
The City must rely on the Salt Lake County Health Department in terms of responding to
complaints and relaying information regarding the presence of a violation. Salt Lake City
Civil Enforcement would not be able to act on a complaint without evidence of a violation
and they are not equipped to enforce the noise ordinance. It should also be acknowledged
that noise disturbances must be over a certain decibel level to be considered a violation of
the noise ordinance. A neighbor may be impacted by noise but if the noise is below the
allowable thresholds, it is not considered a violation.
2. Increase the landscape buffer requirement
This option would require a landscape buffer of a minimum of 10 feet. Some zoning districts
do not require a landscape buffer, some require a buffer that is less than 10 feet, and some
require a buffer larger than 10 feet. The CN zoning district, which is the district adjacent to
the residential uses that are raising the issue requires a minimum 7-foot landscape buffer.
Adding additional landscaping could reduce noise, but it is likely going to be a minimal
decrease in the CN zoning district but would be a larger decrease in zoning districts that do
not require a minimum landscape buffer. This option would increase that by three feet for
outdoor dining. Buffer yard requirements are intended to reduce noise and visual impacts.
It should be noted that this option does create landscape buffer yard requirements in
multiple sections of the code, which creates confusion, increases the likelihood of a
regulation being missed by an applicant or by city staff, and makes the code harder to update
in the future.
3. Increase the setback for outdoor dining
This option would require a larger setback, such as 15 or 20 feet. Doing so would reduce
noise, but the reduction is likely to be minimal and similar to increasing the landscape
buffer. This option may carry a high risk of unintended consequences. Increasing the
setback may create new non-complying and nonconforming issues because some existing
and permitted outdoor dining may be located closer than an increased setback. This
potentially creates issues if the restaurant wants to make any changes. An example of this
would be a restaurant wanting to add a patio cover over the outdoor dining, which may be
prevented by an increased setback. Older buildings with odd spaces are spaces where new
businesses frequently get their start because older buildings tend to be more affordable.
Older buildings frequently have smaller yards because they were built prior to current
zoning requirements.
Adding larger setbacks may make outdoor business activity impossible because an increased
setback may be larger than existing yards or make it impractical to add any outdoor activity
because the resulting yard space may be too small. The larger setback may make these
spaces unfeasible for small businesses that may rely on the yard space to reach a critical
threshold of customers. In essence, the zoning district may allow the use, but yard
Page 6
requirements may essentially prohibit the use. With fewer feasible uses, older buildings may
sit vacant for longer periods of time and the odds of those buildings being demolished or
turning into nuisances increases. This reduces the spaces available to small businesses and
could be considered contrary to city goals.
4. Require a conditional use for outdoor dining when in a side or rear yard next to a residential
use
This option would provide the neighbors the ability to identify detrimental impacts,
including noise, that are reasonably anticipated and give the Planning Commission the
ability to apply conditions to reduce the impact. It adds time and expense for applicants and
tends to set false expectations that neighbors objections can result in a denial. It also
requires city resources to process. But it would allow a more site-specific approach to the
address impacts and does not carry a high risk of unintended consequences and provides
notice to neighbors regarding nearby proposals. The types of mitigation conditions that are
typically applied to similar conditional uses include solid fences and increased landscape.
The fence helps deflect some noise while the increased landscape helps soften the noise.
Applying conditions on larger properties is usually not an issue. However, on smaller
properties it creates similar issues to those identified with option 3. Under a conditional use
the impact would not have to be eliminated, only reduced. If an impact can be reduced, the
city would be obligated to approve the conditional use.
5. Limit the size of the outdoor dining area.
The total square footage of outdoor dining area could be capped. A cap would limit the square
footage of the outdoor dining area. Limiting the number of people would be challenging to
enforce, so it should not be considered. Any cap would be somewhat arbitrary, as it is
impossible to study an outdoor dining area and measure sound of different sized areas. This
would also require limiting the outdoor dining square footage within the buildable area, which
has not been analyzed and businesses have not been made aware of such a change. On smaller
lots, this is somewhat already determined by the size the lot and how the lot is developed. One
of the properties with outdoor dining that has been identified as impactful has an outdoor
dining area that is about 400 square feet, which is small enough that the current code does
not require any additional parking for. The outdoor dining area covers approximately 10% of
the lot. If 10% lot coverage is too high of an amount, it is difficult to find a standard that would
reduce the impact.
Planning Division Recommendation
Based on the public input received, the Planning Division is recommending the City Council
consider the following changes to the proposal:
Require the entire 10-foot setback in the side or rear yard to be landscaped to the level
required for landscape buffers as stated in 21A.48, even if 21A.48 requires a smaller
landscape buffer yard.
Clarify that the outdoor dining regulations apply only to outdoor dining on the ground and
does not apply to roof top dining, which is required to comply with the building standards of
the underlying code.
Page 7
Below is how the updated code would read. Recommended changes are either double
underlined or include a double strike-through. The changes add clarity to paragraph A,
clarifies that the landscape buffer shall be increased to at least 10 feet if 21A.48 does not
require at least a 10 foot landscape buffer, and clarify that this section does not apply to
rooftop uses.
21A.40.065: OUTDOOR DINING:
Outdoor dining, as defined in cChapter 21A.62 of this title, shall be allowed within the
buildable lot area, in all in any zoning districts where such restaurant and retail uses are allowed,
as either a permitted or conditional use. Outdoor dining in the public way shall be permitted
subject to all City requirements.subject to the provisions of this section:
A. Where allowed:
1.Within the buildable lot area, unless the buildable area is less than 10 feet from a side or
rear property line next to a residential zoning district that does not permit restaurants or
retail uses, in which case the outdoor dining shall be set back a minimum of 10 feet from
the property line.
2.Within a required or provided front or corner side yard provided the outdoor dining is
setback a minimum of 10 feet when adjacent to a residential zoning district that does not
permit restaurants or retail uses. Properties separated by an alley are not considered
adjacent for the purpose of this section.
3.Within a required side yard provided: the outdoor dining is setback a minimum of 10 feet
when adjacent to a residential zoning district that does not permit restaurants or retail
uses. Properties separated by an alley are not considered adjacent for the purpose of this
section.
4.Within a required rear yard provided the outdoor dining is setback a minimum of 10 feet
when adjacent to a residential zoning district that does not permit restaurants or retail
uses. Properties separated by an alley are not considered adjacent for the purpose of this
section.
5.Within a public right of way or an adjacent public property subject to all applicable lease
agreements, applicable regulations, and the outdoor dining design guidelines.
B. Outdoor dining is allowed within the required landscaped yard or buffer area, in commercial
and manufacturing zoning districts where such uses are allowed. Outdoor dining is allowed in
the RB, CN, MU, R-MU, RMU-35 and the RMU-45 Zones and for nonconforming
restaurants and similar uses that serve food or drinks through the provisions of the special
exception process (see chapter 21A.52 of this title). All outdoor dining shall be subject to the
following conditions:
A1. All applicable requirements of cChapter 21A.48 and sSection 21A.36.020 of this
title are met. Any landscape buffer required by 21A.48 shall be increased to a
minimum of 10 feet if the requirement in 21.48 is less than 10 feet adjacent to the
outdoor dining area.
B2. All required business, health and other regulatory licenses for the outdoor dining
have been secured.
C3. A detailed site plan demonstrating the following:
Page 8
1a. All the proposed outdoor dining activities will be conducted on private property
owned or otherwise controlled by the applicant and that none of the activities
will occur on any publicly owned rights-of-way unless separate approval for the
use of any such public rights-of-way has been obtained from the Ccity;
2. The location of any paving, landscaping, planters, fencing, canopies, umbrellas
or other table covers or barriers surrounding the area;
3. The proposed outdoor dining will not impede pedestrian or vehicular traffic; and
4b. The main entry has a control point as required by Sstate liquor laws.
D4. The proposed outdoor dining complies with all conditions pertaining to any existing
variances, conditional uses or other approvals granted for property.
E5. Live music will not be performed, nor loudspeakers played in the outdoor dining
area unless the decibel level is within conformance with the Salt Lake City noise
control ordinance, tTitle 9, cChapter 9.28 of this Ccode. Live music and
loudspeakers are prohibited outside between the hours of 9:00 pm and 9:00 am when
the property is adjacent to a residential zoning district.
F6. No additional parking is required unless the total outdoor dining area ever exceeds
five hundred (500) square feet. Parking for outdoor dining areas in excess of five
hundred (500) square feet is required at a ratio of two (2) spaces per one thousand
(1,000) square feet of outdoor dining area. No additional parking is required in the
D-1, D-2, D-3, D-4, TSA, or G-MU Zone. Outdoor dining shall be by considered an
expansion of the use for the purpose of determining if additional parking is required
as stated in Chapter 21A.44 (Parking).
G7. Smoking shall be prohibited within the outdoor dining area and within twenty five25
feet (25) of the outdoor dining area.
H. The proposed outdoor dining complies with the environmental performance
standards as stated in section 21A.36.180 of this title.
I. Outdoor dining shall be located in areas where such use is likely to have the least
adverse impacts on adjacent properties.
8. These outdoor dining regulations do not apply when the outdoor dining is proposed
on the roof or balcony above the ground level of the building.
Page 9
Setback and Landscape Buffer Requirements
The following table is a summary of the side, rear, and landscape buffer yard requirements in zoning districts
that allow restaurants and have at least one property in the zoning district that is adjacent to a residential zoning
district. No changes are proposed to any of these requirements.
Zoning District Side Yard Rear Yard Landscape Buffer
Yard
RB 6 feet 25% of lot depth but not greater
than 30 feet
None required
RMU-35 10 feet 25% of lot depth but not greater
than 30 feet
10 feet
RMU-45 10 feet 25% of lot depth but not greater
than 30 feet
10 feet
RMU none 25% of lot depth but not greater
than 30 feet
10 feet
RO None None 10 feet
CN 10 feet 10 feet 7 feet
CB None 10 feet 7 feet
CC None 10 feet 7 feet
CS 15 feet 30 feet 15 feet
CSHBD2 None None 7 feet
CG 10 feet 10 feet 15 feet
TSA zones (all zones) 25 feet
adjacent
to
residential
25 feet adjacent to residential 10 feet
M-1 None None 15 feet
D2 15 feet
adjacent
to
residential
25 feet adjacent to residential 7 feet
D3 None None 7 feet
FB-SE 25% of lot
width up
to 25 feet
when
adjacent
to
residential
25% of lot width up to 25 feet
when adjacent to residential
7 feet
FB-UN2 15 feet
adjacent
to
residential
20 feet when adjacent to
residential
7 feet
MU None 25% of lot depth but not greater
than 30 feet
10 feet
633 Seventeenth Street, Suite 3000, Denver, CO 80202-3622
Telephone: 303.297.2900 Fax: 303.298.0940 www.shermanhoward.com
53632056.2
Melissa Kerin Reagan
Sherman & Howard L.L.C.
Direct Dial Number: 303.299.8310
E-mail: mreagan@shermanhoward.com
August 13, 2021
VIA E-MAIL
Salt Lake City
City Council
2001 South State Street, N2-200
Salt Lake City, UT 84114-4575
Email: council.comments@slcgov.com
Re: Salt Lake City Ordinance: Text Amendment Eliminating the Special Exception
Process from the Zoning Ordinance
Dear City Council Members:
We serve as counsel to Verizon Wireless. We appreciate the opportunity to provide
comments on and participate in Salt Lake Citys proposed text amendment eliminating the Special
Exception Process from the Zoning Ordinance, specifically the removal of the special exception
for Ground Mounted Utility Boxes (GMUBs). Verizon Wireless corresponded with
representatives of the Citys staff including Chris Norlem, Construction Program Manager,
Kimberly Chytraus, Assistant City Attorney, and Mark Stephens, Engineering, to discuss the
proposed ordinance. Based on these correspondence and meetings, it is Verizon Wirelesss
understanding that it is the Citys intent to allow wireless service providers to deploy GMUBs in
the public right-of-way without going through the special exception process as they provide a
service to the broader neighborhood as set forth in Section 21A.40.160.C.3 (page 862 of the
Meeting Packet). Overall, Verizon Wireless agrees with the proposed ordinance and changes for
the GMUB process as it will help wireless service providers in their deployment while aligning
with the Citys objectives to try and minimize the amount of equipment in the right-of-way and
provide for better aesthetics. Further, it eliminates the height limitations for GMUBs, which allows
wireless providers to meet Rocky Mountain Powers requirements.
Verizon Wireless proposes a few minor redlines to the draft ordinance section on GMUBs
to clarify and align with the Citys intent. A copy of the proposed redlines are attached to this
letter. First, Verizon Wireless proposes adding headers to Sections 21A.40.160.C.1-4. This will
clarify the types of properties/parcels the Code refers to when discussing where GMUBs can be
deployed. Second, Verizon Wireless proposes to clarify in Section 21A.40.160.C.3. that it is not
Salt Lake City
City Council
August 13, 2021
Page 2
53632056.2
limited to providing a utility service, but it also includes wireless services and other
telecommunications services. Wireless service providers are not considered or regulated as a utility
provider.
Verizon Wireless appreciates Salt Lake Citys efforts to enact regulations that provide for
a more streamline process for wireless providers, are reasonable for implementation, and which
are fair to all stakeholders. Verizon Wireless representatives will attend the City Council meeting
on Tuesday, August 17 and available to answer any questions you may have. Thank you.
Sincerely,
Melissa K. Reagan
Encl.
cc: Ms. Kimberly Chytraus (via email)
53612030.1
areas, shall be considered as a reasonable accommodation under applicable federal
regulations.
SECTION 34. Amending the text of Salt Lake City Code Section 21A.40.160 (Ground
Mounted Utility Boxes) as follows:
21A.40.160: GROUND MOUNTED UTILITY BOXES:
A. Purpose: Utility infrastructure provides a necessary service to the community. The
regulations of this section are intended to allow for ground mounted utility boxes while
reducing the negative impacts they may create.
B. Compliance With Regulations Required: All ground mounted utility boxes shall be
subject to the regulations of this section and any applicable requirement in Title 21A,
unless exempted within Section 21A.02.050 of this title and any applicable adopted code
and regulation. The location and access for maintenance of all required utility
infrastructure is subject to approval by the utility provider and complying with all
applicable adopted codes and regulations. No construction shall be undertaken without
the applicable city permits and public way permits.
C. Location: Ground mounted utility boxes shall be located as required by this section.
1.Private Property or Parcel. On the subject parcel or an adjacent parcel when part of
new construction or as an addition to an existing building that requires additional
utility service subject to the following standards:
a. Rear and Side Yards: the ground mounted utility box shall be located a minimum
of one foot from a side or rear property line.
b. Front and Corner Side Yards: The ground mounted utility box shall be located
within 5 feet of the building façade when located in required or provided front or
corner side yard and at least one foot from a front or corner side yard property
line. Utility boxes in a front or corner side yard shall be screened by a wall, fence,
or hedge of at least equal height not to exceed the maximum height for a wall or
fence allowed in the applicable yard.
c. Ground mounted utility box(es) may be placed in a required landscaped yard if
screened by a wall, fence or hedge of at least equal height not to exceed the
maximum height for a wall or fence allowed in the applicable yard.
d. If proposed on an adjacent parcel, an easement shall be provided for the utility
boxes and associated equipment along with consent from the owner of the
adjacent parcel.
2.Public Right of Way – Single Property or Parcel. In a public right of way if each of the
following criteria are satisfied:
a. There is an existing building on the subject property that is located in a manner
that prohibits the placement of required utility infrastructure on the property;
53612030.1
b. There is no existing front yard, corner side yard, interior side yard, or rear yard of
sufficient size to accommodate ground mounted utility box(es) and access for
maintenance, as required by the utility provider, of the box(es) within the yard. A
right of way may be used to accommodate necessary working space;
c. There is not an alley adjacent to the subject property that provides sufficient
access as required by the utility provider to a yard of sufficient size to
accommodate ground mounted utility box(es). If the alley is not a public alley,
necessary permissions and easements must be provided;
d. The existing utilities are not being relocated to support an expansion of the use or
building or for any new use or accessory use on the property;
e. The ground mounted utility box will not negatively impact any existing or
planned public improvement within the right of way;
f. The ground mounted utility box is located at least 10 feet away from any tree in
the right of way;
g. The ground mounted utility box(es) comply with all requirements of Chapter
14.32 or its successor; and
h. The applicant has provided to the city and the utility provider the dimensions and
space requirements necessary for the utility needs, as determined by the utility
provider, of the proposed development.
3. Public Right of Way – Broader Neighborhood. In a public right of way when the ground
mounted utility box is necessary to provide utility service, wireless service, or other
telecommunications service to the broader neighborhood, the location is consistent with
any legal agreement between the utility provider and the city, and the proposed utility box
complies with all applicable regulations.
4. Public Right of Way – Permit Issuance. The city engineer may issue a permit for the
installation of a ground mounted utility box in the public right of way in accordance
with standards set forth in this section and Title 14, Chapter 14.32 of this code.
D. Materials: All ground mounted utility boxes shall consist of high quality material such as
stainless steel or other durable painted or colored material. The finish shall be a neutral
color such as dark or light green, beige or gray or color similar to utility boxes within the
vicinity and coated with a graffiti resistant treatment.
E. Post installation Obligations: All ground mounted utility boxes and any related screening
materials shall remain the service provider’s responsibility to keep in a state of good
visual quality and repair.
1. Franchise Agreements: Permitted and installed ground mounted utility boxes shall
also comply with all conditions as set forth in the service provider’s/owner’s
franchise agreement with the city. If the terms of any franchise agreement conflict
with the provisions of this title, the ordinance regulations shall prevail and govern.
2. Discontinued Use: If the service provider/owner of a ground mounted utility box in
the public right of way discontinues the use or has no defined need for said box, it is
that service provider’s/owner’s sole responsibility to remove the box and all
associated conduit and wiring at its own expense in compliance with all engineering
division requirements.
53612030.1
3. Required Contact Information: A service provider shall place a permanent notice on
the box containing the service provider’s name and telephone number for the purpose
of notification in the event of graffiti or damages to the equipment.
4. Maintenance: A service provider shall be solely responsible for maintaining ground
mounted utility box sites in reasonably good repair in a clean, safe and level
condition. “Level condition” shall mean not tilting greater than 15° from plumb. A
service provider shall repair any damage to a ground mounted utility box within 72
hours after discovering or being notified of such damage to a box.
SECTION 35. Amending the text of Salt Lake City Code Section 21A.44.090
Modification to Parking Areas as follows:
21A.44.090: MODIFICATIONS TO PARKING AREAS:
Applicants requesting development permits or approvals may request adjustments to the
standards and requirements in this Chapter 21A.44: Off Street Parking, Mobility, and
Loading, and the city may approve adjustments to those standards, as described below.
A. Authority to Approve Modifications:
The planning director or transportation director may approve the following types of
modifications provided that the Director determines that the adjustment will not
create adverse impacts on pedestrian, bicycle, or vehicle safety and that the
adjustment is required due to the nature of the site and the surrounding context (such
as shape, topography, utilities, or access point constraints) and that the need for the
adjustment has not been created by the actions of the applicant.
B. Authorized Modifications:
1. Modification to dimensions or geometries of parking, loading, or stacking space,
aisles, or maneuvering areas otherwise required by this chapter, other City
regulations, or the Off Street Parking Standards Manual; provided that those
modifications are consistent with federal and state laws regarding persons with
disabilities, including but not limited to the Americans with Disabilities Act.
2. Modifications to bicycle parking or loading berth location or design standards.
3. Front Yard Parking:
a. The lot contains an existing residential building.
b. No other off-street parking exists on the site.
c. No provided side yard is greater than 8 feet. If greater than 8 feet, no tree over
6 inches in caliper is present in the side yard that would necessitate the
removal of the tree to locate a parking stall in the side yard or rear yard.
d. The rear yard does not have frontage on a public street or public alley and the
property does not have access rights across an adjacent private street or alley.
e. The front yard parking complies with the following standards:
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SALT LAKE CITY ORDINANCE
No. _____ of 2021
(An ordinance amending various sections of the Title 21A of the Salt Lake City Code
to eliminate special exceptions from that title)
An ordinance amending various sections of Title 21A of the Salt Lake City Code pursuant
to Petition No. PLNPCM2020-00606 to eliminate special exceptions from the city’s zoning
ordinances.
WHEREAS, the Salt Lake City Planning Commission held a public hearing on
November 18, 2020 to consider a petition submitted by Mayor Erin Mendenhall (Petition No.
PLNPCM2020-00606) to amend portions of Chapters 21A.06 (Zoning: Decision Making Bodies
and Officials); 21A.24 (Zoning: Residential Districts); 21A.26 (Zoning: Commercial Districts);
21A.32 (Zoning: Special Purpose Districts); 21A.34 (Zoning: Overlay Districts); 21A.36
(Zoning: General Provisions); 21A.38 (Zoning: Nonconforming Uses and Noncomplying
Structures); 21A.40 (Zoning: Accessory Uses, Buildings and Structures); 21A.44 (Zoning: Off
Street Parking, Mobility and Loading); 21A.46 (Zoning: Signs) 21A.52 (Zoning : Special
Exceptions); 21A.60 (Zoning: Defined Terms); and 21A.62 (Zoning: Definitions) of the Salt
Lake City Code to modify regulations pertaining to off street parking; and
WHEREAS, at its November 18, 2020 meeting, the planning commission voted in favor
of transmitting a positive recommendation to the Salt Lake City Council on said petition; 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:
2
SECTION 1. Amending the text of Salt Lake City Code Subsection 21A.06.050.C.6 as
follows:
6. Review and approve or deny certain modifications to dimensional standards for
properties located within an H Historic Preservation Overlay District. This authority is
also granted to the planning director or designee for applications within the H Historic
Preservation Overlay District that are eligible for administrative approval by the planning
director or zoning administrator. The certain modifications to zoning district specific
development standards are listed as follows and are in addition to any modification
authorized elsewhere in this title:
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, except density, of the underlying zoning
district where it is found that the proposal complies with the applicable standards
identified in Section 21A.34.020 and is compatible with the surrounding historic
structures.
SECTION 2. Amending the text of Salt Lake City Code Subsection 21A.24.010.P.2 as
follows:
2. Repealed.
SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.24.010.P.6
(Grade Changes) as follows:
6. Grade Changes: No grading shall be permitted prior to the issuance of a building permit.
The grade of any lot shall not be altered above or below established grade more than 4
feet at any point for the construction of any structure or improvement except:
a. Within the buildable area. Proposals to modify established grade more than 6 feet
shall be permitted for the construction of below grade portions of structures, egress
windows, and building entrances. Grade change transition areas between a yard area
and the buildable area shall be within the buildable area;
b. Within the side and rear yard areas, grade changes greater than 4 feet are permitted
provided:
3
(1) The grade change is supported by retaining walls.
(2) No individual retaining wall exceeds 6 feet in height.
c. Within the required front and corner side yards, grade changes up to 6 feet in height
are permitted provided:
(1) The grade change is necessary for driveways accessing legally located parking
areas; and
(2) The grade changes are supported by retaining walls.
SECTION 4. Amending the text of Salt Lake City Code Subsection 21A.24.050.D.6
(Maximum Building Height) as follows:
6. Additional Principal Building Height: Requests for additional building height for
properties located in an H Historic Preservation Overlay District shall be reviewed by the
historic landmark commission which may grant such requests subject to the provisions of
Section 21A.34.020 of this title.
SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.24.060.D.6
(Maximum Building Height) as follows:
6. Additional Principal Building Height: Requests for additional building height for
properties located in an H Historic Preservation Overlay District shall be reviewed by the
historic landmark commission which may grant such requests subject to the provisions of
Section 21A.34.020 of this title.
SECTION 6. Amending the text of Salt Lake City Code Subsection 21A.24.070.D.6
(Maximum Building Height) as follows:
6. Additional Principal Building Height: Requests for additional building height for
properties located in an H Historic Preservation Overlay District shall be reviewed by the
historic landmark commission which may grant such requests subject to the provisions of
Section 21A.34.020 of this title.
SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.24.080.D.6
(Maximum Building Height) as follows:
6. Additional Building Height: Additional Principal Building Height: Requests for
additional building height for properties located in an H Historic Preservation Overlay
4
District shall be reviewed by the historic landmark commission which may grant such
requests subject to the provisions of Section 21A.34.020 of this title.
SECTION 8. Amending the text of Salt Lake City Code Subsection 21A.24.100.D.6
(Maximum Building Height) as follows:
6. Additional Principal Building Height: Requests for additional building height for
properties located in an H Historic Preservation Overlay District shall be reviewed by the
historic landmark commission which may grant such requests subject to the provisions of
Section 21A.34.020 of this title.
SECTION 9. Amending the text of Salt Lake City Code Subsection 21A.24.110.D.6
(Maximum Building Height) as follows:
6. Additional Principal Building Height: Requests for additional building height for
properties located in an H Historic Preservation Overlay District shall be reviewed by the
historic landmark commission which may grant such requests subject to the provisions of
Section 21A.34.020 of this title.
SECTION 10. Amending the text of Salt Lake City Code Subsection 21A.26.010.J
(Modifications to Maximum Height) as follows:
J. Modifications to Maximum Height: The maximum height of buildings in commercial
zoning districts may be increased up to 10% on any building face due to the natural
topography of the site pursuant to the following standards:
1. At least 50% of the building complies with the maximum height of the underlying
zoning district;
2. The modification allows the upper floor of a building to be level with the portion of
the building that complies with the maximum building height of the zone without the
10% modification; and
3. The height of the ground floor is at least 12 feet in height measured from finished
floor to finished ceiling height.
SECTION 11. Amending the text of Salt Lake City Code Subsection 21A.32.100.D.3 as
follows:
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3. Recreation equipment heights are permitted to a height not to exceed 80 feet when
needed due to the nature of the equipment or for the use to operate safely, such as fences
surrounding golf course driving ranges.
SECTION 12. Amending to the text of Salt Lake City Code Subsection 21A.32.100.D as
follows:
D. Maximum Building and Recreation Equipment Height:
1. Lots 4 acres or less: Building height shall be limited to 35 feet; provided that for each
foot of height in excess of 20 feet, each required yard and landscaped yard shall be
increased one foot.
2. Lots greater than 4 acres: Building heights in excess of 35 feet but not more than 45
feet may be permitted provided, that for each foot of height over 35 feet, each
required yard and landscaped yard shall be increased one foot. Building heights in
excess of 45 feet up to 60 feet may be approved through the design review process
and that for each foot of height over 35 feet, each required yard and landscaped yard
shall be increased one foot.
3. Recreation equipment heights or heights for buildings or structures for the Salt Lake
City Public Utilities Department that are not specifically exempt in
Section 21A.02.050 of this title, in excess of 60 feet may be approved through the
special exception process.
4. Heights for buildings or structures for the Salt Lake City Public Utilities Department
that are not specifically exempt in Section 21A.02.050 of this title, are exempt from
the height restrictions in this zoning district provided the building or structure is
deemed by the director of the public utilities department as critical infrastructure
necessary to provide specific utility needs to the public.
SECTION 13. Amending the text of Salt Lake City Code Subsection 21A.32.100.H
(Lighting) as follows:
H. Lighting: All uses and developments that provide lighting shall ensure that lighting
installations comply with the following standards:
1. Lighting is installed in a manner and location that will not have an adverse impact on
the natural environment when placed in areas with wildlife habitat, traffic safety or on
surrounding properties and uses;
2. Light sources shall be shielded to eliminate excessive glare or light into adjacent
properties and have cutoffs to protect the view of the night sky; and
3. Light poles for outdoor uses, such as sports fields, amphitheaters, and other similar
uses may be permitted up to 70 feet in height provided the lights are located a
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minimum of 30 feet from a residential use and directed to reduce light trespass onto
neighboring properties.
SECTION 14. Amending the text of Salt Lake City Code Subsection 21A.34.120.G
(Special Exception for Garages) as follows:
G. Garages Built into Hillsides in Front or Corner Side Yards: A garage built into a hillside
and located forward of the front line of the building may be allowed subject to the
following standards:
1. The rear and side yards cannot be reasonably accessed for the purpose of parking.
2. Because of the topography of the lot it is impossible to construct a garage and satisfy
the standards of the YCI.
3. The ceiling elevation of the garage is below the elevation of the first or main floor of
the house.
4. The garage meets all applicable yard requirements.
SECTION 15. Amending text of Salt Lake City Code Subsection Table 21A.36.020.B
(Obstructions in Required Yards) as follows (only the identified rows and columns in the table
are amended):
TABLE 21A.36.020B
OBSTRUCTIONS IN REQUIRED YARDS1
Type Oof Structure Oor Use Obstruction Front
and
Corner
Side
Yards
Side
Yard
Rear
Yard
Below grade encroachments underground obstructions when there is no
exterior evidence of the underground structure other than entrances and
required venting provided there are no conflicts with any easements or
publicly owned infrastructure or utilities.
X X X
Changes of established grade of 4 feet or less except for the FP and FR
Districts which shall be subject to the provisions of Subsection
21A.24.010.P of this title. (All grade changes located on a property line
shall be supported by a retaining wall.)
Grade changes greater than 4 feet in height provided the grade change
includes a retaining wall, a horizontal step that is a minimum of 3 feet in
depth is provided for every 4 vertical feet of retaining wall.
X X X
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Laundry drying equipment (clothesline and poles) X X X
Window mounted refrigerated air conditioners and evaporative “swamp”
coolers located at least 2 feet from the property line.
X X X
Notes:
1. ”X” denotes where obstructions are allowed.
2. Reserved.
3. The accessory structure shall be located wholly behind the primary structure on the property.
SECTION 16. Amending the text of Salt Lake City Code Subsection
21A.36.350.A.3.c.(3) as follows:
(3) A decorative masonry wall that is a minimum of 6 feet high shall be provided along all
interior side and rear lot lines and that complies with all required site distance triangles at
driveways and walkways. Walls in excess of 6 feet may be required as a condition of
approval of a conditional use if it determines a taller wall is necessary to mitigate a
detrimental impact created by the homeless resource center or homeless shelter;
SECTION 17. Amending the text of Salt Lake City Code Subsection 21A.38.040.H.2
(Enlargement of a Structure With a Nonconforming Use) as follows:
2. Enlargement of a Nonconforming Use: Enlargement of a legal nonconforming use are
limited to a one time expansion of up to 25% of the gross floor area, or 1,000 gross
square feet, whichever is less and subject to the site being able to provide required off
street parking that complies with any applicable parking requirement of this title. An
approved expansion shall be documented through an updated zoning certificate for the
property. Any expansion to the nonconforming use beyond these limits is not permitted.
The expansion shall be limited to a one-time expansion after April 12, 1995, the effective
date of this title. Any expansion granted as a special exception after April 12, 1995 shall
be considered as fulfilling the one-time expansion.
SECTION 18. Amending the text of Salt Lake City Code Subsection 21A.38.050.B
(Enlargement) as follows:
B. Enlargement: A noncomplying structure may be enlarged if such enlargement and its
location comply with the standards of the zoning district in which it is located or as
provided in this section.
1. Noncomplying as to setbacks.
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a. Front yard: A principal building with a front yard setback that is less than the
minimum required may be enlarged provided the addition does not further reduce
the existing front yard setback and complies with all other applicable
requirements of Title 21A.
b. Corner side yards: A principal building with a corner side yard setback that is
less than the minimum required may be enlarged provided the addition does not
further reduce the existing corner side yard setback and complies with all other
applicable requirements of Title 21A.
c. Interior side yards: Additions to a principal structure with noncomplying side
yard setback(s) are permitted as follows:
(1) Single story additions are permitted to follow the existing setback line
provided the following standards are complied with:
i. The exterior wall height of the addition is equal to or less than the exterior
wall height of the existing building. When a cross slope exists along the
exterior wall, the interior floor to ceiling height of the addition shall match
the interior floor to ceiling height of the existing building.
ii. The addition may extend the noncomplying exterior wall of the building
up to 20% of the length of the existing wall. This shall be a one-time
addition and no further additions are permitted.
(2) Two story or greater additions shall comply with the side yard setback
requirement(s) and maximum wall height as specified in the underlying zone.
(3) In determining if a side yard is noncomplying, the narrower of the two side
yards shall be interpreted to be the narrower side yard required in the
underlying zoning district.
(4) All other provisions of the underlying zoning district and any applicable
overlay zoning district shall apply.
d. Rear yards. A principal building noncomplying to rear yard setbacks may be
expanded provided the expansion follows an existing noncomplying building wall
and does not result in a decrease of the existing rear yard setback and complies
with side and corner side yard setbacks of the underlying zoning district. If the
building does not comply with the existing side or corner side yard setback, the
expansion shall be permitted to extend to the side or corner side yard setback of
the underlying zone.
2. Noncomplying as to Height: A principal structure that exceeds the maximum height
of the underlying zoning district may be expanded at the existing height of the
building provided the setbacks of the underlying zoning district are complied with.
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SECTION 19. Amending the text of Salt Lake City Code Subsection 21A.38.050.F
(Replacement or Reconstruction of a Noncomplying Structure) as follows:
F. The replacement or reconstruction of any existing noncomplying portion of a principal
structure or full replacement of a noncomplying accessory structure is permitted provided
the replacement is in the same location or in a location that reduces the degree of
noncompliance and is of substantially the same dimension. Enlarging a full replacement
of a noncomplying accessory structure is permitted provided the enlarged section
complies with all setback, height, maximum square feet, and lot or yard coverage
requirements.
SECTION 20. Amending the text of Salt Lake City Code Section 21A.38.060
(Noncomplying Lots) as follows:
21A.38.060: NONCOMPLYING LOTS:
Subdividing Lots Containing Two or More Separate Principal Buildings: Lots that contain
two or more separate principal buildings on a single parcel may be subdivided to place each
structure on a separate lot subject to the following provisions:
A. The properties shall be subdivided by recording of a plat.
B. The proposed lots are exempt from the minimum lot area, lot width, lot coverage, and
street frontage requirements of the underlying zoning district;
C. The proposed setbacks shall be reviewed and approved by the Planning Director after
consultation with applicable city departments;
D. The proposed subdivision plat shall identify the front, corner side, interior side, and
rear yards for the purpose of future development.
E. Parking may be located anywhere within the proposed subdivision except front yards
(unless already existing) and shall not be reduced below the existing off-street
parking
F. All lots that are part of the subdivision must include adequate access to a public
street. Adequate access shall include pedestrian walkways and when off-street
parking is required, vehicle access and parking.
G. All necessary easements for access and utilities are shown on the plat. A note shall
be added to indicate responsibility for maintenance of shared access and utilities.
H. All other applicable regulations of the Salt Lake City Code shall apply.
A lot that is noncomplying as to lot area or lot frontage that was in legal existence on the
effective date of any amendment to this title that makes the existing lot noncomplying shall
be considered a legal complying lot and is subject to the regulations of this title. Any
noncomplying lot not approved by the city that was created prior to January 13, 1950, may be
approved as a legal noncomplying lot subject to the lot meeting minimum zoning
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requirements at the time the lot was created and documented through an updated zoning
certificate for the property.
Any noncomplying lot not approved by the city that was created on or between January 13,
1950 to April 12, 1995, may be approved as a legal noncomplying lot subject to the lot
meeting minimum zoning and subdivision requirements at the time the lot was created and
documented through an updated zoning certificate for the property.
Noncomplying lots may be combined to create a conforming lot or more conforming lot
subject to any maximum lot size standards of the zoning district in which the lot is located.
SECTION 21. Amending the text of Salt Lake City Code Section 21A.38.070 (Legal
Conforming Single-Family Detached Dwelling, Two-Family Dwellings, and Twin Homes) as
follows:
Any legally existing single-family detached dwelling, two-family dwelling, or twin home
shall be considered legal conforming. Legal conforming status shall authorize replacement of
the single-family detached dwelling, two-family dwelling, or twin home structure to the
extent of the original footprint.
A. Alterations, Additions or Extensions or Replacement Structures Greater Than the
Original Footprint: In zoning districts which do not allow detached single-family
dwelling units, two-family dwelling units or twin homes, any alterations,
extensions/additions or the replacement of the structure may exceed the original footprint
by 25% of the existing structure subject to the following standards:
1. Any alterations, extensions/additions or the replacement structure shall not project
into a required yard beyond any encroachment established by the structure being
replaced.
2. All replacement structures in nonresidential zones are subject to the provisions of
Section 21A.36.190, “Residential Building Standards for Legal Conforming Single-
Family Detached Dwellings, Two-Family Dwellings and Twin Homes in
Nonresidential Zoning Districts”, of this title.
B. Off Street Parking: When replacing a legal conforming single- family detached dwelling,
two-family dwelling or twin home, the number of new parking stalls provided shall be
equal to or more than the number of parking stalls being replaced. The maximum number
of outdoor parking stalls shall be 4 parking stalls per dwelling unit
SECTION 22. Adopting a new Section 21A.38.075 (Unit Legalizations) to the text of the
Salt Lake City Code as follows:
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21A.38.075: UNIT LEGALIZATIONS:
A. Purpose: The purpose of this subsection is to implement the existing Salt Lake City
community housing plan by providing a process that gives owners of property with one
or more excess dwelling units not recognized by the city an opportunity to legalize such
units based on the standards set forth in this section. The intent is to maintain existing
housing stock in a safe manner that contributes to the vitality and sustainability of
neighborhoods within the city.
B. Review Standards: A dwelling unit that is proposed to be legalized pursuant to this
section shall comply with the following standards:
1. The dwelling unit existed prior to April 12, 1995. In order to determine whether a
dwelling unit was in existence prior to April 12, 1995, the unit owner shall provide
documentation thereof which may include any of the following:
a. Copies of lease or rental agreements, lease or rent payments, or other similar
documentation showing a transaction between the unit owner and tenants;
b. Evidence indicating that prior to April 12, 1995, the city issued a building permit,
business license, zoning certificate, or other permit relating to the dwelling unit in
question;
c. Utility records indicating existence of a dwelling unit;
d. Historic surveys recognized by the planning director as being performed by a
trained professional in historic preservation;
e. Notarized affidavits from a previous owner, tenant, or neighbor;
f. Polk, Cole, or phone directories that indicate existence of the dwelling unit (but
not necessarily that the unit was occupied); or
g. Any other documentation that the owner is willing to place into a public record
which indicates the existence of the excess unit prior to April 12, 1995.
2. The excess unit has been maintained as a separate dwelling unit since April 12, 1995.
In order to determine if a unit has been maintained as a separate dwelling unit, the
following may be considered:
a. Evidence listed in Subsection B.1 of this section indicates that the unit has
been occupied at least once every 5 calendar years;
b. Evidence that the unit was marketed for occupancy if the unit was unoccupied
for more than 5 consecutive years;
c. If evidence of maintaining a separate dwelling unit as required by Subsection
B.1 of this section cannot be established, documentation of construction
upgrades may be provided in lieu thereof.
d. Any documentation that the owner is willing to place into a public record
which provides evidence that the unit was referenced as a separate dwelling
unit at least once every 5 years.
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C. Conditions of Approval: Any approved unit legalization shall be subject to the following
conditions:
1. The unit owner shall allow the city’s building official or designee to inspect the
dwelling unit to determine whether the unit substantially complies with basic life
safety requirements as provided in Title 18, Chapter 18.50, “Existing Residential
Housing”, of this code.
2. All required corrections indicated during the inspection process must be completed
within 1 year unless granted an extension by the Building Official.
D. Application: A determination of non-conforming use application, provided by the zoning
administrator, shall be required to legalize unrecognized dwelling units.
SECTION 23. Amending the text of Salt Lake City Code Section 21A.40.040 “Use
Limitations” as follows:
21A.40.040: USE LIMITATIONS:
In addition to the applicable use limitations of the district regulations, no accessory use shall
be permitted unless it complies with the restrictions set forth below:
A. An accessory use shall be incidental and subordinate to the principal use or structure
in area, extent and purpose;
B. An accessory use, building or structure shall be under the same ownership or control
as the principal use or structure, and shall be, except as otherwise expressly
authorized by the provisions of this title, located on the same lot as the principal use
or structure;
C. No accessory use shall be established or constructed before the principal use is in
operation or the structure is under construction in accordance with these regulations;
D. No commercial sign, except as expressly authorized by this chapter or by the
provisions of Chapter 21A.46 of this title, shall be maintained in connection with an
accessory use or structure.
E. An accessory use shall be permitted if it is routinely and customarily associated with
the principal use and not otherwise prohibited by this title. For residential uses, this
includes accessory uses that are customarily associated with a dwelling, such as home
office, outdoor living space, pool houses, storage, personal use, hobbies, and other
similar uses but does not include short term rentals or other uses not allowed in the
zoning district.
SECTION 24. Amending the text of Salt Lake City Code Subsection 21A.40.050.A as
follows:
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A. Location of Accessory Buildings in Required Yards:
1. Front Yards: Accessory buildings are prohibited in any required front yard and shall
be set back at least as far as the principal building when the principal building
exceeds the required front yard setback. Notwithstanding the foregoing, hoop houses
and cold frame structures up to 24 inches in height may be placed in a front yard.
2. Corner Lots: No accessory building on a corner lot shall be closer to the street than
the distance required for corner side yards. At no time, however, shall an accessory
building be closer than 20 feet to a public sidewalk or public pedestrianway and the
accessory building shall be set back at least as far as the principal building.
Notwithstanding the foregoing, hoop houses and cold frame structures up to 24 inches
in height may be placed in a corner side yard.
3. Side Yards: Accessory buildings are prohibited in any required interior side yard;
however, hoop houses, greenhouses, and cold frame structures associated solely with
growing food and/or plants are allowed in an interior side yard but no closer than one
foot to the corresponding lot line. If an addition to residential buildings results in an
existing accessory building being located in a side yard, the existing accessory
building shall be permitted to remain, subject to maintaining a 4 foot separation from
the side of the accessory building to the side of the residential building, as required in
Subsection A.4.b of this section.
4. Rear Yards: Location of accessory buildings in a rear yard shall be as follows:
a. In residential districts, no accessory building shall be closer than one foot to a side
or rear lot line except when sharing a common wall with an accessory building on
an adjacent lot. In nonresidential districts, buildings may be built to side or rear
lot lines in rear yards, provided the building complies with all applicable
requirements of the adopted building code.
b. No portion of the accessory building shall be built closer than 4 feet to any
portion of the principal building; excluding cold frames associated solely with
growing food and/or plants.
c. Garages on 2 or more properties that are intended to provide accessory building
use for the primary occupants of the properties, in which the garage is located,
may be constructed in the rear yards, as a single structure subject to compliance
with adopted building code regulations and the size limits for accessory buildings
on each property as indicated herein.
5. Accessory or Principal Lot: No portion of an accessory building on either an
accessory or principal lot may be built closer than 10 feet to any portion of a principal
residential building on an adjacent lot when that adjacent lot is in a residential zoning
district; excluding hoop houses, greenhouses, and cold frames associated solely with
growing food and/or plants.
6. Double Frontage Lots: Accessory structures and buildings located on a property
where both the front and rear yards have frontage on a street may be located in a front
yard provided the accessory building or structure:
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a. Is located in a provided yard that is directly opposite the front yard where the
primary entrance to the principal building is located;
b. Is in a location that is consistent with other accessory building locations on the
block;
c. Complies with any clear view triangle requirements of this title; and
d. Complies with all other accessory building and structure requirements of this title.
SECTION 25. Amending the text of Salt Lake City Code Subsection 21A.40.050.C
(Maximum Height of Accessory Structures) as follows:
C. Maximum Height of Accessory Buildings/Structures:
1. Accessory to Residential Uses in the FP District, RMF Districts, RB, R-MU Districts,
SNB and the RO District: The height of accessory buildings/structures in residential
districts are measured from established grade to the highest point of the accessory
building and shall conform to the following:
a. The height of accessory structures with flat roofs shall not exceed 12 feet. The
height of flat roof structures may be increased up to 75% of the height of the
principal structure, not to exceed 15 feet provided the setbacks increases one foot
for every one foot of building height above 12 feet.
b. The height of accessory structures with pitched roofs shall not exceed 17 feet
measured to the midpoint of the roof. The height of pitched roof structures may
be increased up to 75% of the height of the principal structure, not exceed 21 feet
provided the setbacks increase one foot for every one foot of structure height
above 17 feet.
2. Accessory to Residential Uses in the FR, R-1 Districts, R-2 District and SR Districts:
The height of accessory buildings/structures in the FR districts, R-1 districts, R-2
district and SR districts are measured from established grade to the highest point of
the accessory structure and shall conform to the following:
a. The height of accessory structures with flat roofs shall not exceed 12 feet; 9 feet
in the SR-1A zoning district. The height of flat roof structures may be increased
up to 75% of the height of the principal structure, not to exceed 15 feet or 11 feet
in the SR-1A zoning district provided the setbacks are increased one foot for
every one foot of building height above 12 feet or 9 feet in the SR-1A zoning
district.
b. The height of accessory structures with pitched roofs shall not exceed 17 feet at
any given point of building coverage. In the SR-1A zoning district the height of
accessory structures with pitched roofs shall not exceed 14 feet. The height of
pitched roof structures may be increased up to 75% of the height of the principal
structure, not to exceed 21 feet or 15 feet in the SR-1A zoning district provided
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the setbacks are increased one foot for every one foot of building height above 17
feet or 15 feet in the SR-1A zoning district.
SECTION 26. Amending the text of Salt Lake City Code Section 21A.40.065 (Outdoor
Dining) as follows:
21A.40.065: OUTDOOR DINING:
“Outdoor dining”, as defined in Chapter 21A.62 of this title, shall be allowed in any zoning
districts where restaurant and retail uses are allowed subject to the provisions of this section:
A. Where allowed:
1. Within the buildable lot area;
2. Within a required or provided front or corner side yard;
3. Within a required side yard provided: the outdoor dining is setback a minimum of
10 feet when adjacent to a residential zoning district that does not permit
restaurants or retail uses. Properties separated by an alley are not considered
adjacent for the purpose of this section.
4. Within a required rear yard provided the outdoor dining is setback a minimum of
10 feet when adjacent to a residential zoning district that does not permit
restaurants or retail uses. Properties separated by an alley are not considered
adjacent for the purpose of this section.
5. Within a public right of way or an adjacent public property subject to all
applicable lease agreements, applicable regulations, and the outdoor dining design
guidelines.
B. All outdoor dining shall be subject to the following conditions:
1. All applicable requirements of Chapter 21A.48 and Section 21A.36.020 of this
title are met.
2. All required business, health and other regulatory licenses for the outdoor dining
have been secured.
3.A detailed site plan demonstrating the following:
a. All the proposed outdoor dining activities will be conducted on private
property owned or otherwise controlled by the applicant and that none of the
activities will occur on any publicly owned rights-of-way unless separate
approval for the use of any such public rights-of-way has been obtained from
the city;
b. The main entry has a control point as required by state liquor laws.
4. The proposed outdoor dining complies with all conditions pertaining to any
existing variances, conditional uses or other approvals granted for property.
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5. Live music will not be performed, nor loudspeakers played in the outdoor dining
area unless the decibel level is within conformance with the Salt Lake City noise
control ordinance, Title 9, Chapter 9.28 of this code. Live music and loudspeakers
are prohibited outside between the hours of 9:00 pm and 9:00 am when the
property is adjacent to a residential zoning district.
6. Outdoor dining shall be considered an expansion of the use for the purpose of
determining if additional parking is required as stated in Chapter 21A.44
(Parking).
7. Smoking shall be prohibited within the outdoor dining area and within 25 feet of
the outdoor dining area.
SECTION 27. Amending the text of Salt Lake City Code Subsection 21A.40.090.D
(Amateur Radio Facilities With Surface Area Exceeding Ten Square Feet) as follows:
D. Amateur Radio Facilities With Surface Area Exceeding 10 Square Feet: Any antenna and
antenna support having a combined surface area greater than 10 square feet or having any
single dimension exceeding 12 feet that is capable of transmitting as well as receiving
signals and is licensed by the Federal Communications Commission as an amateur radio
facility shall be permitted as an accessory use, but only in compliance with the
regulations set forth below:
1. Number Limited: No more than one such antenna or antenna support structure with a
surface area greater than 10 square feet or any single dimension exceeding 12 feet
may be located on any lot.
2. Height Limited: No such antenna and its support structure shall, if ground mounted,
exceed 75 feet in height or, if attached to a building pursuant to Subsection D.3 of this
section, the height therein specified.
3. Attachment to Buildings Limited: No such antenna or its support structure shall be
attached to a principal or accessory structure unless all of the following conditions are
satisfied:
a. Height: The antenna and its support structure shall not extend more than 20 feet
above the highest point of the building on which it is mounted.
b. Mounting: The antenna and its support structure shall not be attached to or
mounted upon any building appurtenance, such as a chimney. The antenna and its
support structure shall not be mounted or attached to the front or corner side of
any principal building facing a street, including any portion of the building roof
facing any street. The antenna and its support structure shall be designed to
withstand a wind force of 80 miles per hour without the use of supporting
guywires.
c. Grounding: The antenna and its support structure shall be bonded to a grounding
rod.
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SECTION 28. Amending the text of Salt Lake City Code Subsection 21A.40.090.E.3.b
(Electrical Equipment Located on Private Property) as follows:
b. Electrical Equipment Located on Private Property: Electrical equipment shall be subject
to the following standards:
(1) Located in a rear yard, interior side yard, or within the building area of the lot.
(2) If located in a zoning district without a require front or corner side yard setback, the
equipment shall be located a minimum of 10 feet from the front or corner side yard
property line.
(3) Located a minimum of 4 feet from a side or rear property line unless located in an
enclosed structure or a vault where the equipment will not be visible.
(4) If the equipment is located next to a public trail, park, open space, or other public
space other than a street, the equipment shall be screened by a masonry wall or solid
fence so the equipment is not visible.
(5) The electrical equipment and any structure associated with the electrical equipment is
subject to the maximum lot coverage of the underlying zoning district.
SECTION 29. Amending Section 21A.40.100 (Mechanical Equipment) to the text of
Salt Lake City Code as follows:
21A.40.100: LOCATION OF MECHNICAL EQUIPMENT:
All mechanical equipment shall be located as follows:
A. Front and Corner Side Yards and Double Frontage Lots: Only allowed if located
within 4 feet of the principal building and screened by vegetation, a solid wall or
fence so the equipment is not visible and at least 10 feet from the front and corner
side yard property lines.
B. Side Yards: At least 4 feet from a side property line. If the equipment is adjacent to a
driveway, parking stall, or accessory structure on an adjacent parcel, the setback may
be reduced to 2 feet.
C. Rear Yards: at least 4 feet from a rear property line. If the equipment is adjacent to a
driveway, parking stall, or accessory structure on an adjacent parcel, the setback may
be reduced to two feet.
D. Prohibited Areas: in addition to the yard requirements above, mechanical equipment
is prohibited to be located on the roof of an accessory structure, with the exception of
exhaust fans and mechanical vents serving the accessory building in which case the
fans or vents shall be at least 10 feet from a property line.
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SECTION 30. Amending the text of Salt Lake City Code Subsection 21A.40.120.I
(Barbed Wire Fences) as follows:
I. Barbed Wire Fences:
Permitted Use: Barbed wire fencing is allowed as a permitted use in the following
instances:
1. AG, AG-2, AG-5, AG-20, A, CG, M-1, and M-2 districts and to secure critical
infrastructure located in any other zoning district not listed subject to the following
requirements. Critical infrastructure includes sites that are necessary to protect the
facility or site for the purpose of public health and safety. Barbed wire is also
permitted to secure construction sites and sites where construction is pending
provided it is removed once construction is complete.
2. Barbed wire fences shall be subject to the following provisions:
a. Not allowed in a provided or required front yard.
b. The barbed wire is permitted to exceed the maximum fence height.
c. No strand of barbed wire shall be permitted less than 7 feet in height above the
ground except for agricultural purposes provided the barbed wire is vertically
aligned.
d. No more than 3 strands of barbed wire are permitted.
e. The barbed wire strands shall not slant outward from the fence more than 60
degrees from a vertical line.
f. All barbed wire shall be setback a minimum of 3 feet from public property.
g. The barbed wire is not located along a property line shared with a residential use
when the subject property is in a CG zoning district.
SECTION 31. Amending the text of Salt Lake City Code Subsection 21A.40.120.J
(Razor Wire Fences) as follows:
J. Razor Wire Fences:
Razor wire fencing is allowed as a permitted use in the M-1, M-2 and EI zoning districts
and to secure critical infrastructure structures and sites located in any other zoning district
subject to the following requirements. Critical infrastructure includes sites that are
necessary to protect the facility or site for the purpose of public health and safety.
1. Razor wire is not allowed in a provided or required front or corner side yard.
2. Razor wire is permitted to exceed the maximum fence height to a height necessary to
reasonably secure the site.
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3. No strand of razor wire shall be permitted on a fence that is less than 7 feet high.
Razor wire coils shall not exceed 18 inches in diameter and must slant inward from
the fence to which the razor wire is being attached.
4. All razor wire shall be setback a minimum of 3 feet from public property in zoning
districts that do not have a minimum setback.
SECTION 32. Amending the text of Salt Lake City Code Subsection 21A.40.120.L
(Electric Security Fences) as follows:
L. Electric Security Fences:
1. Permitted Use: Electric security fences are allowed as a permitted use in the M-1 and
M-2 zones. Electric security fences on parcels or lots that abut a residential zone are
prohibited.
2. Location Requirements: Electric security fences shall not be allowed in required front
yard setbacks or on frontages adjacent to residentially zoned properties.
3. Compliance With Adopted Building Codes: Electric security fences shall be
constructed or installed in conformance with all applicable construction codes.
4. Perimeter Fence or Wall: No electric security fence shall be installed or used unless it
is fully enclosed by a nonelectrical fence or wall that is not less than 6 feet in height.
There shall be at least one foot of spacing between the electric security fence and the
perimeter fence or wall.
5. Staging Area: All entries to a site shall have a buffer area that allows on site staging
prior to passing the perimeter barrier. The site shall be large enough to accommodate
a vehicle completely outside of the public right of way.
6. Height: Electric security fences shall have a maximum height of 10 feet.
7. Warning Signs: Electric security fences shall be clearly identified with warning signs
that read: “Warning-Electric Fence” at intervals of not greater than 60 feet. Signs
shall comply with requirements in Chapter 21A.46, “Signs”, of this title.
8. Security Box: Electric security fences shall have a small, wall mounted safe or box
that holds building keys for police, firefighters and EMTs to retrieve in emergencies.
SECTION 33. Amending the text of Salt Lake City Code Section 21A.40.130 (Access
for Persons with Disabilities) as follows:
21A.40.130: ACCESS FOR PERSONS WITH DISABILITIES:
Building permits for an uncovered vertical wheelchair lift, or for an uncovered access ramp,
for persons with disabilities, under 4 feet in height, or any other form of uncovered access,
for persons with disabilities, under 4 feet in height, that encroaches into required yard areas,
may be approved by the zoning administrator as a permitted accessory structure. Covered
ramps or other access structures for persons with disabilities that encroach into required yard
20
areas, shall be considered as a reasonable accommodation under applicable federal
regulations.
SECTION 34. Amending the text of Salt Lake City Code Section 21A.40.160 (Ground
Mounted Utility Boxes) as follows:
21A.40.160: GROUND MOUNTED UTILITY BOXES:
A. Purpose: Utility infrastructure provides a necessary service to the community. The
regulations of this section are intended to allow for ground mounted utility boxes while
reducing the negative impacts they may create.
B. Compliance With Regulations Required: All ground mounted utility boxes shall be
subject to the regulations of this section and any applicable requirement in Title 21A,
unless exempted within Section 21A.02.050 of this title and any applicable adopted code
and regulation. The location and access for maintenance of all required utility
infrastructure is subject to approval by the utility provider and complying with all
applicable adopted codes and regulations. No construction shall be undertaken without
the applicable city permits and public way permits.
C. Location: Ground mounted utility boxes shall be located as required by this section.
1. On the subject parcel or an adjacent parcel when part of new construction or as an
addition to an existing building that requires additional utility service subject to the
following standards:
a. Rear and Side Yards: the ground mounted utility box shall be located a minimum
of one foot from a side or rear property line.
b. Front and Corner Side Yards: The ground mounted utility box shall be located
within 5 feet of the building façade when located in required or provided front or
corner side yard and at least one foot from a front or corner side yard property
line. Utility boxes in a front or corner side yard shall be screened by a wall, fence,
or hedge of at least equal height not to exceed the maximum height for a wall or
fence allowed in the applicable yard.
c. Ground mounted utility box(es) may be placed in a required landscaped yard if
screened by a wall, fence or hedge of at least equal height not to exceed the
maximum height for a wall or fence allowed in the applicable yard.
d. If proposed on an adjacent parcel, an easement shall be provided for the utility
boxes and associated equipment along with consent from the owner of the
adjacent parcel.
2. In a public right of way if each of the following criteria are satisfied:
a. There is an existing building on the subject property that is located in a manner
that prohibits the placement of required utility infrastructure on the property;
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b. There is no existing front yard, corner side yard, interior side yard, or rear yard of
sufficient size to accommodate ground mounted utility box(es) and access for
maintenance, as required by the utility provider, of the box(es) within the yard. A
right of way may be used to accommodate necessary working space;
c. There is not an alley adjacent to the subject property that provides sufficient
access as required by the utility provider to a yard of sufficient size to
accommodate ground mounted utility box(es). If the alley is not a public alley,
necessary permissions and easements must be provided;
d. The existing utilities are not being relocated to support an expansion of the use or
building or for any new use or accessory use on the property;
e. The ground mounted utility box will not negatively impact any existing or
planned public improvement within the right of way;
f. The ground mounted utility box is located at least 10 feet away from any tree in
the right of way;
g. The ground mounted utility box(es) comply with all requirements of Chapter
14.32 or its successor; and
h. The applicant has provided to the city and the utility provider the dimensions and
space requirements necessary for the utility needs, as determined by the utility
provider, of the proposed development.
3. In a public right of way when the ground mounted utility box is necessary to provide
utility service to the broader neighborhood, the location is consistent with any legal
agreement between the utility provider and the city, and the proposed utility box
complies with all applicable regulations.
4. The city engineer may issue a permit for the installation of a ground mounted utility
box in the public right of way in accordance with standards set forth in this section
and Title 14,Chapter 14.32 of this code.
D. Materials: All ground mounted utility boxes shall consist of high quality material such as
stainless steel or other durable painted or colored material. The finish shall be a neutral
color such as dark or light green, beige or gray or color similar to utility boxes within the
vicinity and coated with a graffiti resistant treatment.
E. Post installation Obligations: All ground mounted utility boxes and any related screening
materials shall remain the service provider’s responsibility to keep in a state of good
visual quality and repair.
1. Franchise Agreements: Permitted and installed ground mounted utility boxes shall
also comply with all conditions as set forth in the service provider’s/owner’s
franchise agreement with the city. If the terms of any franchise agreement conflict
with the provisions of this title, the ordinance regulations shall prevail and govern.
2. Discontinued Use: If the service provider/owner of a ground mounted utility box in
the public right of way discontinues the use or has no defined need for said box, it is
that service provider’s/owner’s sole responsibility to remove the box and all
associated conduit and wiring at its own expense in compliance with all engineering
division requirements.
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3. Required Contact Information: A service provider shall place a permanent notice on
the box containing the service provider’s name and telephone number for the purpose
of notification in the event of graffiti or damages to the equipment.
4. Maintenance: A service provider shall be solely responsible for maintaining ground
mounted utility box sites in reasonably good repair in a clean, safe and level
condition. “Level condition” shall mean not tilting greater than 15° from plumb. A
service provider shall repair any damage to a ground mounted utility box within 72
hours after discovering or being notified of such damage to a box.
SECTION 35. Amending the text of Salt Lake City Code Section 21A.44.090
Modification to Parking Areas as follows:
21A.44.090: MODIFICATIONS TO PARKING AREAS:
Applicants requesting development permits or approvals may request adjustments to the
standards and requirements in this Chapter 21A.44: Off Street Parking, Mobility, and
Loading, and the city may approve adjustments to those standards, as described below.
A. Authority to Approve Modifications:
The planning director or transportation director may approve the following types of
modifications provided that the Director determines that the adjustment will not
create adverse impacts on pedestrian, bicycle, or vehicle safety and that the
adjustment is required due to the nature of the site and the surrounding context (such
as shape, topography, utilities, or access point constraints) and that the need for the
adjustment has not been created by the actions of the applicant.
B. Authorized Modifications:
1. Modification to dimensions or geometries of parking, loading, or stacking space,
aisles, or maneuvering areas otherwise required by this chapter, other City
regulations, or the Off Street Parking Standards Manual; provided that those
modifications are consistent with federal and state laws regarding persons with
disabilities, including but not limited to the Americans with Disabilities Act.
2. Modifications to bicycle parking or loading berth location or design standards.
3. Front Yard Parking:
a. The lot contains an existing residential building.
b. No other off-street parking exists on the site.
c. No provided side yard is greater than 8 feet. If greater than 8 feet, no tree over
6 inches in caliper is present in the side yard that would necessitate the
removal of the tree to locate a parking stall in the side yard or rear yard.
d. The rear yard does not have frontage on a public street or public alley and the
property does not have access rights across an adjacent private street or alley.
e. The front yard parking complies with the following standards:
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(1) The front yard parking is limited to no wider than 10 feet in width and is a
minimum depth of 20 feet.
(2) The front yard parking is accessed by an approved drive approach.
(3) The location of the front yard parking is placed within 10 feet of a side lot
line or for corner properties, may also be within 10 feet of a rear lot line
and is consistent with the location of other driveways on the block face.
(1) Parking is restricted to passenger vehicles only.
4. Vehicle and Equipment Storage Without Hard Surfacing:
a. The property is located in a CG, M-1, M-2, or EI zoning district
b. The lot is used for long term vehicle storage, not for regular parking and/or
maneuvering.
b. The storage areas are not located within any required front yard or corner side
yard.
c. The storage area surface is compacted with 6 inches of road base or other
similar material with dust control measures in place.
d. A mechanism, such as a wash bay, gravel guard, or rumble strip is used to
remove mud, sand, dirt, and gravel from the vehicle with a minimum of 50
feet of paved driveway between the mechanism and a public street. The
mechanism used is subject to approval by the Transportation Director or
designee provided it is a commonly used device that is effective at removing
debris from vehicle tires.
SECTION 36. Amending the text of Salt Lake City Code Subsection 21A.46.070.V
(Historic District Signs) as follows:
21A.46.070.V Historic District Signs: The historic landmark commission may authorize,
as a minor alteration modification to an existing sign or the size or placement of a new
sign in a historic district or on a landmark site, including placement of a sign type not
allowed in the underlying zone, if the applicant can demonstrate that the location, size
and/or design of the proposed sign is compatible with the design period or theme of the
historic structure or district and/or will cause less physical damage to the historically
significant structure. If a sign in a local historic district or on a landmark site has been
designated a vintage sign as per Section 21A.46.125 of this chapter, the modifications
allowed in that section may be authorized by the historic landmark commission subject to
the appropriate standards of Section 21A.34.020 of this title.
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SECTION 37. Amending the text of Salt Lake City Code Chapter 21A.46.125 (Vintage
Signs) as follows:
A. The purpose of this section is to promote the retention, restoration, reuse, and
reinstatement of nonconforming signs that represent important elements of Salt Lake
City’s heritage and enhance the character of a corridor, neighborhood, or the community
at large.
B. Notwithstanding any contrary provision of this title:
1. An application for designation of vintage sign status as well as for the reinstatement
of, modifications to, or relocation of a vintage sign shall be processed in accordance
with the procedures set forth in Chapter 21A.08 and Section 21A.46.030 as well as
the following:
Application: In addition to the general application requirements for a sign, an
application for vintage sign designation or modification shall require:
(a) Detailed drawings and/or photographs of the sign in its current condition, if
currently existing;
(b) Written narrative and supporting documentation demonstrating how the sign
meets the applicable criteria;
(c) Detailed drawings of any modifications or reinstatement being sought;
(d) Detailed drawings of any relocation being sought; and
(e) Historic drawings and/or photographs of the sign.
2. The zoning administrator shall designate an existing sign as a vintage sign if the sign:
a. Was not placed as part of a Localized Alternative Signage Overlay District and
has not been granted flexibility from the base zoning through a planned
development agreement or by the historic landmark commission;
b. Is not a billboard as defined in Section 21A.46.020 of this chapter;
c. Retains its original design character, or that character will be reestablished or
restored, based on historic evidence such as drawings or photographs; and
d. Meets at least 4 of the following criteria:
(1) The sign was specifically designed for a business, institution, or other
establishment on the subject site;
(2) The sign bears a unique emblem, logo, or another graphic specific to the city,
or region;
(3) The sign exhibits specific characteristics that enhance the streetscape or
identity of a neighborhood;
(4) The sign is or was characteristic of a specific historic period;
(5) The sign is or was integral to the design or identity of the site or building
where the sign is located; or
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(6) The sign represents an example of craftsmanship in the application of lighting
technique, use of materials, or design.
3. A designated vintage sign may:
a. Be relocated within its current site.
b. Be modified to account for changing uses within its current site. These
modifications shall be in the same style as the design of the original sign
including:
(1) Shape and form,
(2) Size,
(3) Typography,
(4) Illustrative elements,
(5) Use of color,
(6) Character of illumination, and
(7) Character of animation.
c. Be restored or recreated, and reinstated on its original site.
d. Be relocated to a new site for use as a piece of public art, provided that the
original design and character of the sign is retained, or will be restored, and it
advertises a business no longer in operation. Vintage signs may only be relocated
for use as public art to sites in the following districts: D-1, D-2, D-3, D-4, G-MU,
CSHBD1, CSHBD2, FB-UN2, FB-UN3, FB-SC, FB-SE, TSA.
e. Be relocated and reinstalled on the business’s new site, should the business with
which it is associated move, provided that the business’s new location is within
the same contiguous zoning district as the original location.
4. Once designated, a vintage sign is exempt from the calculation of allowed signage on
a site.
SECTION 38. Deleting Chapter 21A.52 Special Exceptions of the Salt Lake City Code
Chapter. Chapter 21A.52 (Special Exceptions) is deleted in its entirety.
SECTION 39. Amending the text of the Salt Lake City Code Section 21A.60.020 (List of
Defined Terms) by adding the following term in alphabetical order:
Ground mounted utility box.
SECTION 40. Adding the following definition in alphabetical order to Section
21A.62.040 (Definition of Terms) of the Salt Lake City Code as follows:
26
Ground mounted utility boxes: shall mean such equipment and facilities, including pedestals,
boxes, cabinets, meters or other ground mounted facilities and associated equipment that
extend over 6 inches above ground level used for the transmission or distribution of utilities.
SECTION 41. 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 ______ day of ______________,
2021.
______________________________
CHAIRPERSON
ATTEST AND COUNTERSIGN:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor’s Action: _______Approved. _______Vetoed.
______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 2021.
Published: ______________.
Ordinance deleting special exceptions from city code(legislative)
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date: _________________________________
By: ___________________________________
Paul Nielson, Senior City Attorney
July 22, 2021
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LEGISLATIVE DRAFT
1 SALT LAKE CITY ORDINANCE
2 No. _____ of 2021
3
4 (An ordinance amending various sections of the Title 21A of the Salt Lake City Code
5 to eliminate special exceptions from that title)
6
7 An ordinance amending various sections of Title 21A of the Salt Lake City Code pursuant
8 to Petition No. PLNPCM2020-00606 to eliminate special exceptions from the city’s zoning
9 ordinances.
10 WHEREAS, the Salt Lake City Planning Commission held a public hearing on
11 November 18, 2020 to consider a petition submitted by Mayor Erin Mendenhall (Petition No.
12 PLNPCM2020-00606) to amend portions of Chapters 21A.06 (Zoning: Decision Making Bodies
13 and Officials); 21A.24 (Zoning: Residential Districts); 21A.26 (Zoning: Commercial Districts);
14 21A.32 (Zoning: Special Purpose Districts); 21A.34 (Zoning: Overlay Districts); 21A.36
15 (Zoning: General Provisions); 21A.38 (Zoning: Nonconforming Uses and Noncomplying
16 Structures); 21A.40 (Zoning: Accessory Uses, Buildings and Structures); 21A.44 (Zoning: Off
17 Street Parking, Mobility and Loading); 21A.46 (Zoning: Signs) 21A.52 (Zoning : Special
18 Exceptions); 21A.60 (Zoning: Defined Terms); and 21A.62 (Zoning: Definitions) of the Salt
19 Lake City Code to modify regulations pertaining to off street parking; and
20 WHEREAS, at its November 18, 2020 meeting, the planning commission voted in favor
21 of transmitting a positive recommendation to the Salt Lake City Council on said petition; and
22 WHEREAS, after a public hearing on this matter the city council has determined that
23 adopting this ordinance is in the city’s best interests.
24 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
25
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26 SECTION 1. Amending the text of Salt Lake City Code Subsection 21A.06.050.C.6 as
27 follows:
28 6. Review and approve or deny certain special exceptions modifications to dimensional
29 standards for properties located within an H hHistoric pPreservation oOverlay dDistrict.
30 This authority is also granted to the planning director or designee for applications within
31 the H Historic Preservation Overlay District that are eligible for administrative approval
32 by the planning director or zoning administrator. The certain special exceptions
33 modifications to zoning district specific development standards are listed as follows and
34 are in addition to any modification authorized elsewhere in this title:
35
36 a. Building wall height;
37 b. Accessory structure wall height;
38 c. Accessory structure square footage;
39 d. Fence height;
40 e. Overall building and accessory structure height;
41 f. Signs pursuant to sSection 21A.46.070 of this title; and
42 g. Any modification to bulk and lot regulations, except density, of the underlying zoning
43 district where it is found that the underlying zoning would not be compatible with the
44 historic district and/or landmark site proposal complies with the applicable standards
45 identified in Section 21A.34.020 and is compatible with the surrounding historic
46 structures.
47
48 SECTION 2. Amending the text of Salt Lake City Code Subsection 21A.24.010.P.2 as
49 follows:
50 2. Repealed.Height Special Exception: The Planning Commission, as a special exception to
51 the height regulations of the applicable district, may approve a permit to exceed the
52 maximum building height but shall not have the authority to grant additional stories. To
53 grant a height special exception the Planning Commission must find the proposed plan:
54
55 a. Is a design better suited to the site than can be achieved by strict compliance to these
56 regulations; and
57 b. Satisfies the following criteria:
58
59 (1) The topography of the lot presents difficulties for construction when the foothill
60 height limitations are applied,
61 (2) The structure has been designed for the topographic conditions existing on the
62 particular lot, and
63 (3) The impact of additional height on neighboring properties has been identified and
64 reasonably mitigated.
65
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66 c. In making these considerations the Planning Commission can consider the size of the
67 lot upon which the structure is proposed.
68 d. The burden of proof is upon the applicant to submit sufficient data to persuade the
69 Planning Commission that the criteria have been satisfied.
70 e. The Planning Commission may deny an application for a height special exception if:
71 (1) The architectural plans submitted are designed for structures on level, or nearly
72 level, ground, and the design is transposed to hillside lots requiring support
73 foundations such that the structure exceeds the height limits of these regulations;
74 (2) The additional height can be reduced by modifying the design of the structure
75 through the use of stepping or terracing or by altering the placement of the
76 structure on the lot;
77 (3) The additional height will substantially impair the views from adjacent lots, and
78 the impairment can be avoided by modification; or
79 (4) The proposal is not in keeping with the character of the neighborhood.
80
81
82 SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.24.010.P.6
83 (Grade Changes) as follows:
84 6. Grade Changes: No grading shall be permitted prior to the issuance of a building permit.
85 The grade of any lot shall not be altered above or below established grade more than
86 four4 feet (4’) at any point for the construction of any structure or improvement except:
87
88 a. Within the buildable area. Proposals to modify established grade more than 6 six feet
89 (6’) shall be reviewed as a special exception subject to the standards in chapter
90 21A.52 of this title shall be permitted for the construction of below grade portions of
91 structures, egress windows, and building entrances. Grade change transition areas
92 between a yard area and the buildable area shall be within the buildable area;
93 b. Within the front, corner side, side and rear yard areas, proposals to modify established
94 grade more grade changes greater than 4four feet (4’) shall be reviewed as a special
95 exception subject to the standards found in chapter 21A.52 of this title are permitted
96 provided: and
97
98 (1) The grade change is supported by retaining walls.
99 (2) No individual retaining wall exceeds 6 feet in height.
100
101 c. As necessary to construct driveway access from the street to the garage or parking
102 area grade changes and/or retaining walls up to six feet (6’) from the established
103 grade shall be reviewed as a special exception subject to the standards in chapter
104 21A.52 of this title Within the required front and corner side yards, grade changes up
105 to 6 feet in height are permitted provided:
106
107 (1) The grade change is necessary for driveways accessing legally located parking
108 areas; and
109 (2) The grade changes are supported by retaining walls.
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110
111 SECTION 4. Amending the text of Salt Lake City Code Subsection 21A.24.050.D.6
112 (Maximum Building Height) as follows:
113 6. a. For properties outside of the H Historic Preservation Overlay District, additional
114 building height may be granted as a special exception by the Planning Commission
115 subject to the special exception standards in chapter 21A.52 of this title and if the
116 proposed building height is in keeping with the development pattern on the block face.
117 The Planning Commission will approve, approve with conditions, or deny the request
118 pursuant to chapter 21A.52 of this title.
119 b. Additional Principal Building Height: Requests for additional building height for
120 properties located in an H Historic Preservation Overlay District shall be reviewed by the
121 Hhistoric Llandmarks Ccommission which may grant such requests subject to the
122 provisions of sSection 21A.34.020 of this title.
123
124 SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.24.060.D.6
125 (Maximum Building Height) as follows:
126 6. a. For properties outside of the H Historic Preservation Overlay District, additional
127 building height may be granted as a special exception by the Planning Commission
128 subject to the special exception standards in chapter 21A.52 of this title and if the
129 proposed building height is in keeping with the development pattern on the block face.
130 The Planning Commission will approve, approve with conditions, or deny the request
131 pursuant to chapter 21A.52 of this title.
132 b. Additional Principal Building Height: Requests for additional building height for
133 properties located in an H Historic Preservation Overlay District shall be reviewed by the
134 Hhistoric Llandmarks Ccommission which may grant such requests subject to the
135 provisions of sSection 21A.34.020 of this title.
136
137
138 SECTION 6. Amending the text of Salt Lake City Code Subsection 21A.24.070.D.6
139 (Maximum Building Height) as follows:
140 6. a. For properties outside of the H Historic Preservation Overlay District, additional
141 building height may be granted as a special exception by the Planning Commission
142 subject to the special exception standards in chapter 21A.52 of this title and if the
143 proposed building height is in keeping with the development pattern on the block face.
144 The Planning Commission will approve, approve with conditions, or deny the request
145 pursuant to chapter 21A.52 of this title.
146 b. Additional Principal Building Height: Requests for additional building height for
147 properties located in an H Historic Preservation Overlay District shall be reviewed by the
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148 Hhistoric Llandmarks Ccommission which may grant such requests subject to the
149 provisions of sSection 21A.34.020 of this title.
150
151
152 SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.24.080.D.6
153 (Maximum Building Height) as follows:
154 6. Additional Building Height:
155
156 a. For properties outside of the H historic preservation overlay district, additional
157 building height may be granted as a special exception by the planning commission
158 subject to the special exception standards in chapter 21A.52 of this title and if the
159 proposed building height is in keeping with the development pattern on the block
160 face. The planning commission will approve, approve with conditions, or deny the
161 request pursuant to chapter 21A.52 of this title.
162 b. Additional Principal Building Height: Requests for additional building height for
163 properties located in an H hHistoric pPreservation oOverlay dDistrict shall be
164 reviewed by the historic landmarks commission which may grant such requests
165 subject to the provisions of sSection 21A.34.020 of this title.
166
167
168 SECTION 8. Amending the text of Salt Lake City Code Subsection 21A.24.100.D.6
169 (Maximum Building Height) as follows:
170 6.
171 a. For properties outside of the H historic preservation overlay district, additional
172 building height may be granted as a special exception by the planning commission
173 subject to the special exception standards in chapter 21A.52 of this title and if the
174 proposed building height is in keeping with the development pattern on the block
175 face. The planning commission will approve, approve with conditions, or deny the
176 request pursuant to chapter 21A.52 of this title.
177 b. Additional Principal Building Height: Requests for additional building height for
178 properties located in an H hHistoric pPreservation oOverlay dDistrict shall be
179 reviewed by the historic landmarks commission which may grant such requests
180 subject to the provisions of sSection 21A.34.020 of this title.
181
182 SECTION 9. Amending the text of Salt Lake City Code Subsection 21A.24.110.D.6
183 (Maximum Building Height) as follows:
184 6.
185 a. For properties outside of the H historic preservation overlay district, additional
186 building height may be granted as a special exception by the planning commission
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LEGISLATIVE DRAFT
187 subject to the special exception standards in chapter 21A.52 of this title and if the
188 proposed building height is in keeping with the development pattern on the block
189 face. The planning commission will approve, approve with conditions, or deny the
190 request pursuant to chapter 21A.52 of this title.
191 b. Additional Principal Building Height: Requests for additional building height for
192 properties located in an H hHistoric pPreservation oOverlay dDistrict shall be
193 reviewed by the historic landmarks commission which may grant such requests
194 subject to the provisions of sSection 21A.34.020 of this title.
195
196 SECTION 10. Amending the text of Salt Lake City Code Subsection 21A.26.010.J
197 (Modifications to Maximum Height) as follows:
198 J. Modifications Tto Maximum Height: The maximum height of buildings in commercial
199 zoning districts may be increased up to 10% on any building face Additions to the
200 maximum height due to the natural topography of the site may be approved pursuant to
201 the following procedures and standards:
202
203 1. At least 50% of the building complies with the maximum height of the underlying
204 zoning district;
205 2. The modification allows the upper floor of a building to be level with the portion of
206 the building that complies with the maximum building height of the zone without the
207 10% modification; and
208 3. The height of the ground floor is at least 12 feet in height measured from finished
209 floor to finished ceiling height.
210
211 1. Modifications Of Ten Percent Or Less Of Maximum Height:
212
213 a. The Planning Commission may approve, as a special exception, additional height
214 not exceeding ten percent (10%) of the maximum height pursuant to the standards
215 and procedures of chapter 21A.52 of this title. Specific conditions for approval are
216 found in chapter 21A.52 of this title.
217
218 2. Modifications Of More Than Ten Percent Of Maximum Height:
219
220 a. Design Review: Through design review for properties on a sloping lot in
221 Commercial Zoning Districts, pursuant to chapter 21A.59 of this title, the
222 Planning Commission, or in the case of an administrative approval the Planning
223 Director or designee, may allow additional building height of more than ten
224 percent (10%) of the maximum height, but not more than one additional story, if
225 the first floor of the building exceeds twenty thousand (20,000) square feet. The
226 additional story shall not be exposed on more than fifty percent (50%) of the total
227 building elevations.
228
229
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230 SECTION 11. Amending the text of Salt Lake City Code Subsection 21A.32.100.D.3 as
231 follows:
232 3. Recreation equipment heights or heights for buildings or structures for the Salt Lake City
233 Public Utilities Department that are not specifically exempt in section 21A.02.050 of this
234 title, in excess of sixty feet (60’) may be approved through the Special Exception process.
235 are permitted to a height not to exceed 80 feet when needed due to the nature of the
236 equipment or for the use to operate safely, such as fences surrounding golf course driving
237 ranges.
238
239
240 SECTION 12. Amending to the text of Salt Lake City Code Subsection 21A.32.100.D as
241 follows:
242 D. Maximum Building Aand Recreation Equipment Height:
243
244 1. Lots four (4) acres or less: Building height shall be limited to thirty five 35 feet (35’);
245 provided that for each foot of height in excess of twenty 20 feet (20’), each required
246 yard and landscaped yard shall be increased one foot (1’).
247 2. Lots greater than four (4) acres: Building heights in excess of thirty five 35 feet (35’)
248 but not more than forty five 45 feet (45’) may be permitted provided, that for each
249 foot of height over thirty five 35 feet (35’), each required yard and landscaped yard
250 shall be increased one foot (1’). Building heights in excess of forty five 45 feet (45’)
251 up to sixty 60 feet (60’) may be approved through the design review process and that
252 for each foot of height over thirty five 35 feet (35’), each required yard and
253 landscaped yard shall be increased one foot (1’).
254 3. Recreation equipment heights or heights for buildings or structures for the Salt Lake
255 City Public Utilities Department that are not specifically exempt in
256 sSection 21A.02.050 of this title, in excess of sixty 60 feet (60’) may be approved
257 through the Sspecial Eexception process.
258 4.Heights for buildings or structures for the Salt Lake City Public Utilities Department
259 that are not specifically exempt in Section 21A.02.050 of this title, are exempt from
260 the height restrictions in this zoning district provided the building or structure is
261 deemed by the director of the public utilities department as critical infrastructure
262 necessary to provide specific utility needs to the public.
263
264
265 SECTION 13. Amending the text of Salt Lake City Code Subsection 21A.32.100.H
266 (Lighting) as follows:
267 H. Lighting: All uses and developments that provide lighting shall ensure that lighting
268 installations do not have an adverse impact on traffic safety or on surrounding properties
269 and uses. Light sources shall be shielded to eliminate excessive glare or light into
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LEGISLATIVE DRAFT
270 adjacent properties and have cutoffs to protect the view of the night sky comply with the
271 following standards:
272
273 1. Lighting is installed in a manner and location that will not have an adverse impact on
274 the natural environment when placed in areas with wildlife habitat, traffic safety or on
275 surrounding properties and uses;
276 2. Light sources shall be shielded to eliminate excessive glare or light into adjacent
277 properties and have cutoffs to protect the view of the night sky; and
278 3. Light poles for outdoor uses, such as sports fields, amphitheaters, and other similar
279 uses may be permitted up to 70 feet in height provided the lights are located a
280 minimum of 30 feet from a residential use and directed to reduce light trespass onto
281 neighboring properties.
282
283 SECTION 14. Amending the text of Salt Lake City Code Subsection 21A.34.120.G
284 (Special Exception for Garages) as follows:
285 G. Special Exception For Garages Built into Hillsides in Front or Corner Side Yards: A
286 garage built into a hillside and located forward of the front line of the building may be
287 allowed as a special exception granted by the planning commission, subject to the
288 following standards:
289
290 1. The rear and side yards cannot be reasonably accessed for the purpose of parking.
291 2. Because of the topography of the lot it is impossible to construct a garage and satisfy
292 the standards of the YCI.
293 3. The ceiling elevation of the garage is below the elevation of the first or main floor of
294 the house.
295 4. The garage meets all applicable yard requirements.
296
297 SECTION 15. Amending text of Salt Lake City Code Subsection Table 21A.36.020.B
298 (Obstructions in Required Yards) as follows (only the identified rows and columns in the table
299 are amended):
300 TABLE 21A.36.020B
301 OBSTRUCTIONS IN REQUIRED YARDS1
302
Type Oof Structure Oor Use Obstruction Front
Aand
Corner
Side
Yards
Side
Yard
Rear
Yard
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Below grade encroachments underground obstructions when there is no
exterior evidence of the underground structure other than entrances and
required venting provided there are no conflicts with any easements or
publicly owned infrastructure or utilities. 2
X X X
Central air conditioning systems, heating, ventilating, pool and filtering
equipment, the outside elements shall be located not less than 4 feet from a
lot line..Structures less than 4 feet from the property line shall be reviewed
as a special exception according to the provisions of section 21A.52.030 of
this title
X X
Changes of established grade of 4 feet or less except for the FP and FR
Districts which shall be subject to the provisions of sSubsection
21A.24.010.P of this title. (All grade changes located on a property line
shall be supported by a retaining wall.)
For properties outside of the H Historic Preservation Overlay District,
Changes of established grade greater than 4 feet are special exceptions
subject to the standards and factors in chapter 21A.52 of this title Grade
changes greater than 4 feet in height provided the grade change includes a
retaining wall, a horizontal step that is a minimum of 3 feet in depth is
provided for every 4 vertical feet of retaining wall.
X X X
Laundry drying equipment (clothesline and poles) X X X
Window mounted refrigerated air conditioners and evaporative “swamp”
coolers located at least 2 feet from the property line. Window mounted
refrigerated air conditioner units and “swamp” coolers less than 2 feet from
the property line shall be reviewed as a special exception according to the
provisions of section 21A.52.030 of this title
X X X
303 Notes:
304 1. ”X” denotes where obstructions are allowed.
305 2. Below grade encroachments (encroachments which are completely below grade where the surface
306 grade remains intact and where the below grade encroachment is not visible from the surface) into
307 required yards shall be treated as a special exception in accordance with the procedures set forth in
308 chapter 21A.52 of this title. Reserved.
309 3. The accessory structure shall be located wholly behind the primary structure on the property.
310
311
312 SECTION 16. Amending the text of Salt Lake City Code Subsection
313 21A.36.350.A.3.c.(3) as follows:
314 (3) A decorative masonry wall that is a minimum of six6 feet (6’) high shall be provided
315 along all interior side and rear lot lines and that complies with all required site distance
316 triangles at driveways and walkways. Walls in excess of 6six feet (6’) may be approved
317 by the Planning Commission as a special exception required as a condition of approval of
318 a conditional use if it determines a taller wall is necessary to mitigate a detrimental
319 impact created by the homeless resource center or homeless shelter;
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320
321 SECTION 17. Amending the text of Salt Lake City Code Subsection 21A.38.040.H.2
322 (Enlargement of a Structure With a Nonconforming Use) as follows:
323 2. Enlargement Oof A Structure With Aa Nonconforming Use: Alterations or modifications
324 to a portion of a structure with Enlargement of a legal nonconforming use may be
325 approved by special exception, subject to the provisions of chapter 21A.52 of this title,
326 are limited to a one time expansion of up to if the floor area does not increase by more
327 than twenty five percent (25%) of the gross floor area, or one thousand (1,000) gross
328 square feet, whichever is less and subject to the site being able to provide required off
329 street parking that complies with any applicable parking requirement of this title. within
330 the limits of existing legal hard surfaced parking areas on the site. An approved
331 expansion shall be documented through an updated zoning certificate for the property.
332 Any expansion to the nonconforming use portion of a structure beyond these limits is not
333 permitted. The expansion shall be limited to a one-time expansion after April 12, 1995,
334 the effective date of this title. Any expansion granted as a special exception after April
335 12, 1995 shall be considered as fulfilling the one-time expansion.
336
337 SECTION 18. Amending the text of Salt Lake City Code Subsection 21A.38.050.B
338 (Enlargement) as follows:
339 B. Enlargement: A noncomplying structure may be enlarged if such enlargement and its
340 location comply with the standards of the zoning district in which it is located or as
341 provided in this section. Horizontal in line additions or extensions to existing
342 noncomplying building portions are considered not creating a new nonconformance and
343 are subject to special exception standards and approval of subsection 21A.52.030A15 of
344 this title. Vertical in line additions or extensions to existing noncomplying building
345 portions are considered creating a new nonconformance and are not permitted.
346 1. Noncomplying as to setbacks.
347 a. Front yard: A principal building with a front yard setback that is less than the
348 minimum required may be enlarged provided the addition does not further reduce
349 the existing front yard setback and complies with all other applicable
350 requirements of Title 21A.
351 b. Corner side yards: A principal building with a corner side yard setback that is
352 less than the minimum required may be enlarged provided the addition does not
353 further reduce the existing corner side yard setback and complies with all other
354 applicable requirements of Title 21A.
355 c. Interior side yards: Additions to a principal structure with noncomplying side
356 yard setback(s) are permitted as follows:
357
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358 (1) Single story additions are permitted to follow the existing setback line
359 provided the following standards are complied with:
360
361 i. The exterior wall height of the addition is equal to or less than the exterior
362 wall height of the existing building. When a cross slope exists along the
363 exterior wall, the interior floor to ceiling height of the addition shall match
364 the interior floor to ceiling height of the existing building.
365 ii. The addition may extend the noncomplying exterior wall of the building
366 up to 20% of the length of the existing wall. This shall be a one-time
367 addition and no further additions are permitted.
368
369 (2) Two story or greater additions shall comply with the side yard setback
370 requirement(s) and maximum wall height as specified in the underlying zone.
371 (3) In determining if a side yard is noncomplying, the narrower of the two side
372 yards shall be interpreted to be the narrower side yard required in the
373 underlying zoning district.
374 (4) All other provisions of the underlying zoning district and any applicable
375 overlay zoning district shall apply.
376
377 d. Rear yards. A principal building noncomplying to rear yard setbacks may be
378 expanded provided the expansion follows an existing noncomplying building wall
379 and does not result in a decrease of the existing rear yard setback and complies
380 with side and corner side yard setbacks of the underlying zoning district. If the
381 building does not comply with the existing side or corner side yard setback, the
382 expansion shall be permitted to extend to the side or corner side yard setback of
383 the underlying zone.
384 2. Noncomplying as to Height: A principal structure that exceeds the maximum height
385 of the underlying zoning district may be expanded at the existing height of the
386 building provided the setbacks of the underlying zoning district are complied with.
387
388 SECTION 19. Amending the text of Salt Lake City Code Subsection 21A.38.050.F
389 (Replacement or Reconstruction of a Noncomplying Structure) as follows:
390 F. The replacement or reconstruction of any existing noncomplying portion of a principal
391 structure or full replacement of a noncomplying accessory structure is subject to the
392 special exception standards of subsection 21A.52.030A19 of this title permitted provided
393 the replacement is in the same location or in a location that reduces the degree of
394 noncompliance and is of substantially the same dimension. Enlarging a full replacement
395 of a noncomplying accessory structure is permitted provided the enlarged section
396 complies with all setback, height, maximum square feet, and lot or yard coverage
397 requirements.
398
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399 SECTION 20. Amending the text of Salt Lake City Code Section 21A.38.060
400 (Noncomplying Lots) as follows:
401 21A.38.060: NONCOMPLYING LOTS:
402 Subdividing Lots Containing Two or More Separate Principal Buildings: Lots that contain
403 two or more separate principal buildings on a single parcel may be subdivided to place each
404 structure on a separate lot subject to the following provisions:
405
406 A. The properties shall be subdivided by recording of a plat.
407 B. The proposed lots are exempt from the minimum lot area, lot width, lot coverage, and
408 street frontage requirements of the underlying zoning district;
409 C. The proposed setbacks shall be reviewed and approved by the Planning Director after
410 consultation with applicable city departments;
411 D. The proposed subdivision plat shall identify the front, corner side, interior side, and
412 rear yards for the purpose of future development.
413 E. Parking may be located anywhere within the proposed subdivision except front yards
414 (unless already existing) and shall not be reduced below the existing off-street
415 parking
416 F. All lots that are part of the subdivision must include adequate access to a public
417 street. Adequate access shall include pedestrian walkways and when off-street
418 parking is required, vehicle access and parking.
419 G. All necessary easements for access and utilities are shown on the plat. A note shall
420 be added to indicate responsibility for maintenance of shared access and utilities.
421 H. All other applicable regulations of the Salt Lake City Code shall apply.
422
423 A lot that is noncomplying as to lot area or lot frontage that was in legal existence on the
424 effective date of any amendment to this title that makes the existing lot noncomplying shall
425 be considered a legal complying lot and is subject to the regulations of this title. Any
426 noncomplying lot not approved by the city that was created prior to January 13, 1950, may be
427 approved as a legal noncomplying lot subject to the lot meeting minimum zoning
428 requirements at the time the lot was created and documented through an updated zoning
429 certificate for the property.
430
431 Any noncomplying lot not approved by the city that was created on or between January 13,
432 1950 to April 12, 1995, may be approved as a legal noncomplying lot subject to the lot
433 meeting minimum zoning and subdivision requirements at the time the lot was created and
434 documented through an updated zoning certificate for the property.
435
436 Noncomplying lots may be combined to create a conforming lot or more conforming lot
437 subject to any maximum lot size standards of the zoning district in which the lot is located.
438
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439 SECTION 21. Amending the text of Salt Lake City Code Section 21A.38.070 (Legal
440 Conforming Single-Family Detached Dwelling, Two-Family Dwellings, and Twin Homes) as
441 follows:
442 Any legally existing single-family detached dwelling, two-family dwelling, or twin home
443 located in a zoning district that does not allow these uses shall be considered legal
444 conforming. Legal conforming status shall authorize replacement of the single-family
445 detached dwelling, two-family dwelling, or twin home structure to the extent of the original
446 footprint.
447
448 A. Alterations, Additions Oor Extensions Oor Replacement Structures Greater Than Tthe
449 Original Footprint: In zoning districts other than M-1 and M-2, which do not allow
450 detached single-family dwelling units, two-family dwelling units or twin homes, any
451 alterations, extensions/additions or the replacement of the structure may exceed the
452 original footprint by twenty five percent (25%) of the existing structure subject to the
453 following standards:
454
455 1. Any alterations, extensions/additions or the replacement structure shall not project
456 into a required yard beyond any encroachment established by the structure being
457 replaced.
458 2. Any alterations, additions or extensions beyond the original footprint which are
459 noncomplying are subject to special exception standards of subsection
460 21A.52.030A15 of this title.
461 3. All replacement structures in nonresidential zones are subject to the provisions of
462 sSection 21A.36.190, “Residential Building Standards Ffor Legal Conforming
463 Single-Family Detached Dwellings, Two-Family Dwellings Aand Twin Homes Iin
464 Nonresidential Zoning Districts”, of this title.
465
466 Any alterations, additions or extensions or replacement structures which exceed
467 twenty five percent (25%) of the original footprint, or alterations, additions or
468 extensions or replacement of a single-family detached dwelling, two-family dwelling
469 or twin home in an M-1 or M-2 zoning district may be allowed as a conditional use
470 subject to the provisions of chapter 21A.54 of this title.
471
472 B. Off Street Parking: When replacing a legal conforming single- family detached dwelling,
473 two-family dwelling or twin home, the number of new parking stalls provided shall be
474 equal to or more than the number of parking stalls being replaced. The maximum number
475 of outdoor parking stalls shall be four (4) parking stalls per dwelling unit
476
477 SECTION 22. Adopting a new Section 21A.38.075 (Unit Legalizations) to the text of the
478 Salt Lake City Code as follows:
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LEGISLATIVE DRAFT
479 21A.38.075: UNIT LEGALIZATIONS:
480 A. Purpose: The purpose of this subsection is to implement the existing Salt Lake City
481 community housing plan by providing a process that gives owners of property with one
482 or more excess dwelling units not recognized by the city an opportunity to legalize such
483 units based on the standards set forth in this section. The intent is to maintain existing
484 housing stock in a safe manner that contributes to the vitality and sustainability of
485 neighborhoods within the city.
486 B. Review Standards: A dwelling unit that is proposed to be legalized pursuant to this
487 section shall comply with the following standards:
488
489 1. The dwelling unit existed prior to April 12, 1995. In order to determine whether a
490 dwelling unit was in existence prior to April 12, 1995, the unit owner shall provide
491 documentation thereof which may include any of the following:
492
493 a. Copies of lease or rental agreements, lease or rent payments, or other similar
494 documentation showing a transaction between the unit owner and tenants;
495 b. Evidence indicating that prior to April 12, 1995, the city issued a building permit,
496 business license, zoning certificate, or other permit relating to the dwelling unit in
497 question;
498 c. Utility records indicating existence of a dwelling unit;
499 d. Historic surveys recognized by the planning director as being performed by a
500 trained professional in historic preservation;
501 e. Notarized affidavits from a previous owner, tenant, or neighbor;
502 f. Polk, Cole, or phone directories that indicate existence of the dwelling unit (but
503 not necessarily that the unit was occupied); or
504 g. Any other documentation that the owner is willing to place into a public record
505 which indicates the existence of the excess unit prior to April 12, 1995.
506
507 2. The excess unit has been maintained as a separate dwelling unit since April 12, 1995.
508 In order to determine if a unit has been maintained as a separate dwelling unit, the
509 following may be considered:
510
511 a. Evidence listed in Subsection B.1 of this section indicates that the unit has
512 been occupied at least once every 5 calendar years;
513 b. Evidence that the unit was marketed for occupancy if the unit was unoccupied
514 for more than 5 consecutive years;
515 c. If evidence of maintaining a separate dwelling unit as required by Subsection
516 B.1 of this section cannot be established, documentation of construction
517 upgrades may be provided in lieu thereof.
518 d. Any documentation that the owner is willing to place into a public record
519 which provides evidence that the unit was referenced as a separate dwelling
520 unit at least once every 5 years.
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LEGISLATIVE DRAFT
521
522 C. Conditions of Approval: Any approved unit legalization shall be subject to the following
523 conditions:
524
525 1. The unit owner shall allow the city’s building official or designee to inspect the
526 dwelling unit to determine whether the unit substantially complies with basic life
527 safety requirements as provided in Title 18, Chapter 18.50, “Existing Residential
528 Housing”, of this code.
529 2. All required corrections indicated during the inspection process must be completed
530 within 1 year unless granted an extension by the Building Official.
531
532 D. Application: A determination of non-conforming use application, provided by the zoning
533 administrator, shall be required to legalize unrecognized dwelling units.
534
535
536 SECTION 23. Amending the text of Salt Lake City Code Section 21A.40.040 “Use
537 Limitations” as follows:
538 21A.40.040: USE LIMITATIONS:
539
540 In addition to the applicable use limitations of the district regulations, no accessory use,
541 building or structure shall be permitted unless it complies with the restrictions set forth
542 below:
543
544 A. An accessory use, building or structure shall be incidental and subordinate to the
545 principal use or structure in area, extent and purpose;
546 B. An accessory use, building or structure shall be under the same ownership or control
547 as the principal use or structure, and shall be, except as otherwise expressly
548 authorized by the provisions of this title, located on the same lot as the principal use
549 or structure;
550 C. No accessory use, building or structure shall be established or constructed before the
551 principal use is in operation or the structure is under construction in accordance with
552 these regulations; and
553 D. No commercial sign, except as expressly authorized by this chapter or by the
554 provisions of cChapter 21A.46 of this title, shall be maintained in connection with an
555 accessory use or structure.
556 E. An accessory use shall be permitted if it is routinely and customarily associated with
557 the principal use and not otherwise prohibited by this title. For residential uses, this
558 includes accessory uses that are customarily associated with a dwelling, such as home
559 office, outdoor living space, pool houses, storage, personal use, hobbies, and other
560 similar uses but does not include short term rentals or other uses not allowed in the
561 zoning district.
562
563
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564 SECTION 24. Amending the text of Salt Lake City Code Subsection 21A.40.050.A as
565 follows:
566 A. Location Oof Accessory Buildings Iin Required Yards:
567 1. Front Yards: Accessory buildings are prohibited in any required front yard and shall
568 be set back at least as far as the principal building when the principal building
569 exceeds the required front yard setback. Notwithstanding the foregoing, hoop houses
570 and cold frame structures up to twenty four 24 inches (24”) in height may be placed
571 in a front yard.
572 2. Corner Lots: No accessory building on a corner lot shall be closer to the street than
573 the distance required for corner side yards. At no time, however, shall an accessory
574 building be closer than twenty 20 feet (20’) to a public sidewalk or public
575 pedestrianway and the accessory building shall be set back at least as far as the
576 principal building. Notwithstanding the foregoing, hoop houses and cold frame
577 structures up to twenty four 24 inches (24”) in height may be placed in a corner side
578 yard.
579 3. Side Yards: Accessory buildings are prohibited in any required interior side yard;
580 however, hoop houses, greenhouses, and cold frame structures associated solely with
581 growing food and/or plants are allowed in an interior side yard but no closer than one
582 foot (1’) to the corresponding lot line. If an addition to residential buildings results in
583 an existing accessory building being located in a side yard, the existing accessory
584 building shall be permitted to remain, subject to maintaining a four 4 foot (4’)
585 separation from the side of the accessory building to the side of the residential
586 building, as required in sSubsection A.4.b of this section.
587
588 4. Rear Yards: Location of accessory buildings in a rear yard shall be as follows:
589
590 a. In residential districts, no accessory building shall be closer than one foot (1’) to a
591 side or rear lot line except when sharing a common wall with an accessory
592 building on an adjacent lot. In nonresidential districts, buildings may be built to
593 side or rear lot lines in rear yards, provided the building complies with all
594 applicable requirements of the adopted building code.
595 b. No portion of the accessory building shall be built closer than four 4 feet (4’) to
596 any portion of the principal building; excluding cold frames associated solely with
597 growing food and/or plants.
598 c. Garages on 2 or more properties that are intended to provide accessory building
599 use for the primary occupants of the properties, in which the garage is located,
600 may be constructed in the rear yards, as a single structure subject to compliance
601 with adopted building code regulations and the size limits for accessory buildings
602 on each property as indicated herein.
603
604 5. Accessory Oor Principal Lot: No portion of an accessory building on either an
605 accessory or principal lot may be built closer than ten10 feet (10’) to any portion of a
606 principal residential building on an adjacent lot when that adjacent lot is in a
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LEGISLATIVE DRAFT
607 residential zoning district; excluding hoop houses, greenhouses, and cold frames
608 associated solely with growing food and/or plants.
609
610 6. Double Frontage Lots: Accessory structures and buildings located on a property
611 where both the front and rear yards have frontage on a street may be located in a front
612 yard provided the accessory building or structure:
613 a. Is located in a provided yard that is directly opposite the front yard where the
614 primary entrance to the principal building is located;
615 b. Is in a location that is consistent with other accessory building locations on the
616 block;
617 c. Complies with any clear view triangle requirements of this title; and
618 d. Complies with all other accessory building and structure requirements of this title.
619
620 SECTION 25. Amending the text of Salt Lake City Code Subsection 21A.40.050.C
621 (Maximum Height of Accessory Structures) as follows:
622 C. Maximum Height Oof Accessory Buildings/Structures:
623
624 1. Accessory Tto Residential Uses Iin Tthe FP District, RMF Districts, RB, R-MU
625 Districts, SNB Aand Tthe RO District: The height of accessory buildings/structures in
626 residential districts are measured from established grade to the highest point of the
627 accessory building and shall conform to the following:
628
629 a. The height of accessory buildings structures with flat roofs shall not exceed
630 twelve12 feet (12’). The height of flat roof structures may be increased up to 75%
631 of the height of the principal structure, not to exceed 15 feet provided the setbacks
632 increases one foot for every one foot of building height above 12 feet.
633 b. The height of accessory buildings structures with pitched roofs shall not exceed
634 17 seventeen feet (17’) measured to the midpoint of the roof. The height of
635 pitched roof structures may be increased up to 75% of the height of the principal
636 structure, not exceed 21 feet provided the setbacks increase one foot for every one
637 foot of structure height above 17 feet. ; and
638 c. Accessory buildings with greater building height may be approved as a special
639 exception, pursuant to chapter 21A.52 of this title.
640
641 2. Accessory Tto Residential Uses Iin Tthe FR, R-1 Districts, R-2 District Aand SR
642 Districts: The height of accessory buildings/structures in the FR districts, R-1
643 districts, R-2 district and SR districts are measured from established grade to the
644 highest point of the accessory structure and shall conform to the following:
645
646 a. The height of accessory buildings structures with flat roofs shall not exceed
647 twelve 12 feet (12’); nine9 feet (9’) measured from established grade in the SR-
648 1A zoning district. The height of flat roof structures may be increased up to 75%
649 of the height of the principal structure, not to exceed 15 feet or 11 feet in the SR-
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LEGISLATIVE DRAFT
650 1A zoning district provided the setbacks are increased one foot for every one foot
651 of building height above 12 feet or 9 feet in the SR-1A zoning district.
652 b. The height of accessory buildings structures with pitched roofs shall not exceed
653 seventeen17 feet (17’) measured as the vertical distance between the top of the
654 roof and the established grade at any given point of building coverage. In the SR-
655 1A zoning district the height of accessory buildings structures with pitched roofs
656 shall not exceed 14fourteen feet (14’). The height of pitched roof structures may
657 be increased up to 75% of the height of the principal structure, not to exceed 21
658 feet or 15 feet in the SR-1A zoning district provided the setbacks are increased
659 one foot for every one foot of building height above 17 feet or 15 feet in the SR-
660 1A zoning district.; and
661 c. Accessory buildings with greater building height may be approved as a special
662 exception, pursuant to chapter 21A.52 of this title, if the proposed accessory
663 building is in keeping with other accessory buildings on the block face.
664
665 SECTION 26. Amending the text of Salt Lake City Code Section 21A.40.065 (Outdoor
666 Dining) as follows:
667 21A.40.065: OUTDOOR DINING:
668
669 “Outdoor dining”, as defined in cChapter 21A.62 of this title, shall be allowed within the
670 buildable lot area, in all in any zoning districts where such restaurant and retail uses are
671 allowed, as either a permitted or conditional use. Outdoor dining in the public way shall be
672 permitted subject to all City requirements.subject to the provisions of this section:
673
674 A. Where allowed:
675
676 1. Within the buildable lot area;
677 2. Within a required or provided front or corner side yard;
678 3. Within a required side yard provided: the outdoor dining is setback a minimum of
679 10 feet when adjacent to a residential zoning district that does not permit
680 restaurants or retail uses. Properties separated by an alley are not considered
681 adjacent for the purpose of this section.
682 4. Within a required rear yard provided the outdoor dining is setback a minimum of
683 10 feet when adjacent to a residential zoning district that does not permit
684 restaurants or retail uses. Properties separated by an alley are not considered
685 adjacent for the purpose of this section.
686 5. Within a public right of way or an adjacent public property subject to all
687 applicable lease agreements, applicable regulations, and the outdoor dining design
688 guidelines.
689
690 B. Outdoor dining is allowed within the required landscaped yard or buffer area, in
691 commercial and manufacturing zoning districts where such uses are allowed. Outdoor
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LEGISLATIVE DRAFT
692 dining is allowed in the RB, CN, MU, R-MU, RMU-35 and the RMU-45 Zones and
693 for nonconforming restaurants and similar uses that serve food or drinks through the
694 provisions of the special exception process (see chapter 21A.52 of this title). All
695 outdoor dining shall be subject to the following conditions:
696
697 A1.All applicable requirements of cChapter 21A.48 and sSection 21A.36.020 of this
698 title are met.
699 B2.All required business, health and other regulatory licenses for the outdoor dining
700 have been secured.
701 C3.A detailed site plan demonstrating the following:
702
703 1a. All the proposed outdoor dining activities will be conducted on private
704 property owned or otherwise controlled by the applicant and that none of the
705 activities will occur on any publicly owned rights-of-way unless separate
706 approval for the use of any such public rights-of-way has been obtained from
707 the Ccity;
708 2. The location of any paving, landscaping, planters, fencing, canopies,
709 umbrellas or other table covers or barriers surrounding the area;
710 3. The proposed outdoor dining will not impede pedestrian or vehicular traffic;
711 and
712 4b. The main entry has a control point as required by Sstate liquor laws.
713
714 D4.The proposed outdoor dining complies with all conditions pertaining to any
715 existing variances, conditional uses or other approvals granted for property.
716 E5.Live music will not be performed, nor loudspeakers played in the outdoor dining
717 area unless the decibel level is within conformance with the Salt Lake City noise
718 control ordinance, tTitle 9, cChapter 9.28 of this Ccode. Live music and
719 loudspeakers are prohibited outside between the hours of 9:00 pm and 9:00 am
720 when the property is adjacent to a residential zoning district.
721 F6.No additional parking is required unless the total outdoor dining area ever exceeds
722 five hundred (500) square feet. Parking for outdoor dining areas in excess of five
723 hundred (500) square feet is required at a ratio of two (2) spaces per one thousand
724 (1,000) square feet of outdoor dining area. No additional parking is required in the
725 D-1, D-2, D-3, D-4, TSA, or G-MU Zone. Outdoor dining shall be considered an
726 expansion of the use for the purpose of determining if additional parking is
727 required as stated in Chapter 21A.44 (Parking).
728 G7.Smoking shall be prohibited within the outdoor dining area and within twenty
729 five25 feet (25’) of the outdoor dining area.
730 H. The proposed outdoor dining complies with the environmental performance
731 standards as stated in section 21A.36.180 of this title.
732 I. Outdoor dining shall be located in areas where such use is likely to have the least
733 adverse impacts on adjacent properties.
734
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LEGISLATIVE DRAFT
735 SECTION 27. Amending the text of Salt Lake City Code Subsection 21A.40.090.D
736 (Amateur Radio Facilities With Surface Area Exceeding Ten Square Feet) as follows:
737 D. Amateur Radio Facilities With Surface Area Exceeding Ten 10 Square Feet: Any antenna
738 and antenna support having a combined surface area greater than ten (10) square feet or
739 having any single dimension exceeding twelve 12 feet (12’) that is capable of
740 transmitting as well as receiving signals and is licensed by the Federal Communications
741 Commission as an amateur radio facility shall be permitted as an accessory use, but only
742 in compliance with the regulations set forth below:
743
744 1. Number Limited: No more than one such antenna or antenna support structure with a
745 surface area greater than ten (10) square feet or any single dimension exceeding
746 twelve12 feet (12’) may be located on any lot.
747 2. Height Limited: No such antenna and its support structure shall, if ground mounted,
748 exceed seventy five75 feet (75’) in height or, if attached to a building pursuant to
749 sSubsection D.3 of this section, the height therein specified.
750 3. Attachment Tto Buildings Limited: No such antenna or its support structure shall be
751 attached to a principal or accessory structure unless all of the following conditions are
752 satisfied:
753
754 a. Height: The antenna and its support structure shall not extend more than twenty
755 20 feet (20’) above the highest point of the building on which it is mounted.
756 b. Mounting: The antenna and its support structure shall not be attached to or
757 mounted upon any building appurtenance, such as a chimney. The antenna and its
758 support structure shall not be mounted or attached to the front or corner side of
759 any principal building facing a street, including any portion of the building roof
760 facing any street. The antenna and its support structure shall be designed to
761 withstand a wind force of eighty (80) miles per hour without the use of supporting
762 guywires.
763 c. Grounding: The antenna and its support structure shall be bonded to a grounding
764 rod.
765 d. Other Standards: The antenna and its support structure shall satisfy such other
766 design and construction standards as the Zoning Administrator determines are
767 necessary to ensure safe construction and maintenance of the antenna and its
768 support structure.
769 e. Special Exception For Increased Height: Any person desiring to erect an amateur
770 (“ham”) radio antenna in excess of seventy five feet (75’) shall file an application
771 for a special exception with the Zoning Administrator pursuant to chapter 21A.52
772 of this title. In addition to the other application regulations, the application shall
773 specify the details and dimensions of the proposed antenna and its supporting
774 structures and shall further specify why the applicant contends that such a design
775 and height are necessary to accommodate reasonably amateur radio
776 communication. The Zoning Administrator shall approve the proposed design and
777 height unless the Zoning Administrator finds that a different design and height
778 which is less violative of the City’s demonstrated health, safety or aesthetic
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LEGISLATIVE DRAFT
779 considerations also accommodates reasonably amateur radio communication and,
780 further, that the alternative design and height are the minimum practicable
781 regulation necessary to accomplish the City’s actual and demonstrated legitimate
782 purposes. The burden of proving the acceptability of the alternative design shall
783 be on the City.
784
785 SECTION 28. Amending the text of Salt Lake City Code Subsection 21A.40.090.E.3.b
786 (Electrical Equipment Located on Private Property) as follows:
787 b. Electrical Equipment Located Oon Private Property: Electrical equipment shall be subject
788 to the following standards: located in the rear yard, interior side yard, or within the
789 buildable area on a given parcel. In the case of a parcel with an existing building, the
790 electrical equipment shall not be located between the front and/or corner street facing
791 building facades of the building and the street.
792
793 Electrical equipment located in a residential zoning district, shall not exceed a width of
794 four feet (4’), a depth of three feet (3’), or a height of four feet (4’) to be considered a
795 permitted use if located outside of an enclosed building. Electrical equipment exceeding
796 these dimensions shall be located inside of an enclosed building.
797
798 Electrical equipment located in all other CN, PL, PL-2, CB, I or OS Zoning Districts
799 shall not exceed a width of six feet (6’), a depth of three feet (3’), or a height of six feet
800 (6’) to be considered a permitted use if located outside of an enclosed building. Electrical
801 equipment exceeding these dimensions shall be located inside of an enclosed building.
802
803 Electrical equipment exceeding the dimensions listed above shall be reviewed
804 administratively as a special exception per chapter 21A.52 of this title.
805
806 The electrical equipment and any necessary building shall be subject to the maximum lot
807 coverage requirements in the underlying zoning district.
808 (1) Located in a rear yard, interior side yard, or within the building area of the lot.
809 (2) If located in a zoning district without a require front or corner side yard setback, the
810 equipment shall be located a minimum of 10 feet from the front or corner side yard
811 property line.
812 (3) Located a minimum of 4 feet from a side or rear property line unless located in an
813 enclosed structure or a vault where the equipment will not be visible.
814 (4) If the equipment is located next to a public trail, park, open space, or other public
815 space other than a street, the equipment shall be screened by a masonry wall or solid
816 fence so the equipment is not visible.
817 (5) The electrical equipment and any structure associated with the electrical equipment is
818 subject to the maximum lot coverage of the underlying zoning district.
819
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LEGISLATIVE DRAFT
820 SECTION 29. Amending Section 21A.40.100 (Mechanical Equipment) to the text of
821 Salt Lake City Code as follows:
822 21A.40.100: RESERVED: LOCATION OF MECHNICAL EQUIPMENT:
823
824 All mechanical equipment shall be located as follows:
825 A. Front and Corner Side Yards and Double Frontage Lots: Only allowed if located
826 within 4 feet of the principal building and screened by vegetation, a solid wall or
827 fence so the equipment is not visible and at least 10 feet from the front and corner
828 side yard property lines.
829 B. Side Yards: At least 4 feet from a side property line. If the equipment is adjacent to a
830 driveway, parking stall, or accessory structure on an adjacent parcel, the setback may
831 be reduced to 2 feet.
832 C. Rear Yards: at least 4 feet from a rear property line. If the equipment is adjacent to a
833 driveway, parking stall, or accessory structure on an adjacent parcel, the setback may
834 be reduced to two feet.
835 D. Prohibited Areas: in addition to the yard requirements above, mechanical equipment
836 is prohibited to be located on the roof of an accessory structure, with the exception of
837 exhaust fans and mechanical vents serving the accessory building in which case the
838 fans or vents shall be at least 10 feet from a property line.
839
840 SECTION 30. Amending the text of Salt Lake City Code Subsection 21A.40.120.I
841 (Barbed Wire Fences) as follows:
842 I. Barbed Wire Fences:
843
844 1. Permitted Use: Barbed wire fencing is allowed as a permitted use in the following
845 instances:
846
847 1. AG, AG-2, AG-5, AG-20, A, CG, M-1, and M-2 and D-2 districts and to secure
848 critical infrastructure located in any other zoning district not listed subject to the
849 following requirements. Critical infrastructure includes sites that are necessary to
850 protect the facility or site for the purpose of public health and safety. Barbed wire is
851 also permitted to secure construction sites and sites where construction is pending
852 provided it is removed once construction is complete.
853 2. Barbed wire fences shall be subject to the following provisions:
854
855 a. Not allowed in a provided or required front yard.
856 b. The barbed wire is permitted to exceed the maximum fence height.
857 c. No strand of barbed wire shall be permitted less than 7 feet in height above the
858 ground except for agricultural purposes provided the barbed wire is vertically
859 aligned.
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LEGISLATIVE DRAFT
860 d. No more than 3 strands of barbed wire are permitted.
861 e. The barbed wire strands shall not slant outward from the fence more than 60
862 degrees from a vertical line.
863 f. All barbed wire shall be setback a minimum of 3 feet from public property.
864 g. The barbed wire is not located along a property line shared with a residential use
865 when the subject property is in a CG zoning district.
866 2. Special Exception: Barbed wire fencing may be approved for nonresidential uses as a
867 special exception pursuant to chapter 21A.52 of this title, in all zoning districts except
868 for those listed above as permitted uses. The planning commission may approve as
869 special exceptions, the placement of barbed wire fences, for security reasons, or for
870 the keeping out of animals around nonresidential properties, transformer stations,
871 microwave stations, construction sites or other similar publicly necessary or
872 dangerous sites, provided the requested fence is not in any residential district and is
873 not on or near the property line of a lot which is occupied as a place of residence.
874 3. Location Requirements: Barbed wire fencing shall not be allowed in required front
875 yard setbacks nor along frontages on streets defined as gateway streets in Salt Lake
876 City’s adopted urban design element master plan.
877 4. Special Design Regulations: No strand of barbed wire shall be permitted less than six
878 feet (6’) high. No more than three (3) strands of barbed wire are permitted. The
879 barbed wire strands shall not slant outward from the fence more than sixty degrees
880 (60°) from a vertical line. No barbed wire strand shall project over public property. If
881 the barbed wire proposed slants outward over adjoining private property the applicant
882 must submit written consent from adjoining property owner agreeing to such a
883 projection over the property line.
884 5. Special Exception Approval Standards: The planning commission may approve, as a
885 special exception, the building permit for a barbed wire fence if it is found that the
886 applicant has shown that the fence is reasonably necessary for security in that it
887 protects people from dangerous sites and conditions such as transformer stations,
888 microwave stations or construction sites.
889
890 SECTION 31. Amending the text of Salt Lake City Code Subsection 21A.40.120.J
891 (Razor Wire Fences) as follows:
892 J. Razor Wire Fences:
893
894 Razor wire fencing is allowed as a permitted use in the M-1, M-2 and EI zoning districts
895 and to secure critical infrastructure structures and sites located in any other zoning district
896 subject to the following requirements. Critical infrastructure includes sites that are
897 necessary to protect the facility or site for the purpose of public health and safety.
898
899 1. Special Exception: Razor wire fencing may be approved for nonresidential uses as a
900 special exception pursuant to chapter 21A.52 of this title, in the A, CG, D-2, M-1 and
901 M-2 zoning districts. The planning commission may approve as a special exception
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LEGISLATIVE DRAFT
902 the placement of razor wire fences, for security reasons, around commercial or
903 industrial uses, transformer stations, microwave stations, or other similar public
904 necessity or dangerous sites; provided, that the requested fence is not on the property
905 line of a lot which is occupied as a place of residence. Razor wire is not allowed in a
906 provided or required front or corner side yard.
907 2. Location Requirements: Razor wire fencing shall not be allowed in required front or
908 corner side yard setback Razor wire is permitted to exceed the maximum fence height
909 to a height necessary to reasonably secure the site.
910 3. Special Design Regulations: No strand of razor wire shall be permitted on a fence that
911 is less than seven7 feet (7’) high. Razor wire coils shall not exceed eighteen18 inches
912 (18”) in diameter and must slant inward from the fence to which the razor wire is
913 being attached.
914 4. Special Exception Approval Standards: The planning commission may approve razor
915 wire fencing if the commission finds that the applicant has shown that razor wire is
916 necessary for the security of the property in question. All razor wire shall be setback a
917 minimum of 3 feet from public property in zoning districts that do not have a
918 minimum setback.
919
920 SECTION 32. Amending the text of Salt Lake City Code Subsection 21A.40.120.L
921 (Electric Security Fences) as follows:
922 L. Electric Security Fences:
923
924 1. Permitted Use: Electric security fences are allowed as a permitted use in the M-1 and
925 M-2 zones. Electric security fences on parcels or lots that abut a residential zone are
926 prohibited.
927 2. Special Exception: Electric security fences on parcels or lots adjacent to a commercial
928 zone may be approved as a special exception pursuant to the requirements in chapter
929 21A.52 of this title.
930 23. Location Requirements: Electric security fences shall not be allowed in required front
931 yard setbacks or on frontages adjacent to residentially zoned properties.
932 34. Compliance With Adopted Building Codes: Electric security fences shall be
933 constructed or installed in conformance with all applicable construction codes.
934 45. Perimeter Fence Oor Wall: No electric security fence shall be installed or used unless
935 it is fully enclosed by a nonelectrical fence or wall that is not less than six6 feet (6’)
936 in height. There shall be at least one foot (1’) of spacing between the electric security
937 fence and the perimeter fence or wall.
938 56. Staging Area: All entries to a site shall have a buffer area that allows on site staging
939 prior to passing the perimeter barrier. The site shall be large enough to accommodate
940 a vehicle completely outside of the public right of way.
941 67. Height: Electric security fences shall have a maximum height of ten10 feet (10’).
942 78. Warning Signs: Electric security fences shall be clearly identified with warning signs
943 that read: “Warning-Electric Fence” at intervals of not greater than sixty60 feet (60’).
944 Signs shall comply with requirements in cChapter 21A.46, “Signs”, of this title.
25
LEGISLATIVE DRAFT
945 89. Security Box: Electric security fences shall have a small, wall mounted safe or box
946 that holds building keys for police, firefighters and EMTs to retrieve in emergencies.
947
948
949 SECTION 33. Amending the text of Salt Lake City Code Section 21A.40.130 (Access
950 for Persons with Disabilities) as follows:
951 21A.40.130: ACCESS FOR PERSONS WITH DISABILITIES:
952
953 Building permits for an uncovered vertical wheelchair lift, or for an uncovered access ramp,
954 for persons with disabilities, under four 4 feet (4’) in height, or any other form of uncovered
955 access, for persons with disabilities, under four 4 feet (4’) in height, that encroaches into
956 required yard areas, may be approved by the Zzoning Aadministrator as a permitted
957 accessory structure. Covered ramps or other access structures for persons with disabilities
958 that encroach into required yard areas, shall be considered as a reasonable accommodation
959 under applicable federal regulations approved, pursuant to chapter 21A.52 of this title.
960 Application for a special exception for an access structure for persons with disabilities shall
961 not require the payment of any application fees.
962
963 SECTION 34. Amending the text of Salt Lake City Code Section 21A.40.160 (Ground
964 Mounted Utility Boxes) as follows:
965 21A.40.160: GROUND MOUNTED UTILITY BOXES:
966
967 A. Purpose: Utility infrastructure provides a necessary service to the community. The
968 regulations of this section are intended to allow for ground mounted utility boxes while
969 reducing the negative impacts they may create. Of concern are the location, size and
970 concentration of ground mounted utility boxes. The placement of ground mounted utility
971 boxes should consider the location priority order below:
972
973 1. In a location not readily visible from a street.
974 2. Along an alley when the utility box will not impede or reduce the functional width of
975 the alley. In an alley located along the rear of adjacent properties.
976 3. In a nonresidential location that may be visible from a street.
977 4. In the park strip of a nonresidential property.
978 5. In the park strip of a residential property.
979
980 B. Compliance With Regulations Required: All ground mounted utility boxes shall be
981 subject to the regulations of this section and any applicable requirement in Title 21A,
982 unless exempted within sSection 21A.02.050 of this title and any applicable adopted code
983 and regulation. The location and access for maintenance of all required utility
984 infrastructure is subject to approval by the utility provider and complying with all
26
LEGISLATIVE DRAFT
985 applicable adopted codes and regulations. No construction shall be undertaken without
986 the applicable city permits and public way permits.
987 C. Definition: “Ground mounted utility boxes” shall mean such equipment and facilities,
988 including pedestals, boxes, vaults, cabinets, meters or other ground mounted facilities and
989 associated equipment that extend over six inches (6”) above ground level used for the
990 transmission or distribution of utilities.
991 DC. Location: Ground mounted utility boxes shall be located as required by this section. Any
992 ground mounted utility box shall not be located within one foot (1’) of any sidewalk or
993 eighteen inches (18”) from the face of a control curb or obstruct any required sight
994 distance triangles for driveways and intersections.
995
996 1. On the subject parcel or an adjacent parcel when part of new construction or as an
997 addition to an existing building that requires additional utility service subject to the
998 following standards:
999
1000 a. Rear and Side Yards: the ground mounted utility box shall be located a minimum
1001 of one foot from a side or rear property line.
1002 b. Front and Corner Side Yards: The ground mounted utility box shall be located
1003 within 5 feet of the building façade when located in required or provided front or
1004 corner side yard and at least one foot from a front or corner side yard property
1005 line. Utility boxes in a front or corner side yard shall be screened by a wall, fence,
1006 or hedge of at least equal height not to exceed the maximum height for a wall or
1007 fence allowed in the applicable yard.
1008 c. Ground mounted utility box(es) may be placed in a required landscaped yard if
1009 screened by a wall, fence or hedge of at least equal height not to exceed the
1010 maximum height for a wall or fence allowed in the applicable yard.
1011 d. If proposed on an adjacent parcel, an easement shall be provided for the utility
1012 boxes and associated equipment along with consent from the owner of the
1013 adjacent parcel.
1014
1015 2. In a public right of way if each of the following criteria are satisfied:
1016
1017 a. There is an existing building on the subject property that is located in a manner
1018 that prohibits the placement of required utility infrastructure on the property;
1019 b. There is no existing front yard, corner side yard, interior side yard, or rear yard of
1020 sufficient size to accommodate ground mounted utility box(es) and access for
1021 maintenance, as required by the utility provider, of the box(es) within the yard. A
1022 right of way may be used to accommodate necessary working space;
1023 c. There is not an alley adjacent to the subject property that provides sufficient
1024 access as required by the utility provider to a yard of sufficient size to
1025 accommodate ground mounted utility box(es). If the alley is not a public alley,
1026 necessary permissions and easements must be provided;
1027 d. The existing utilities are not being relocated to support an expansion of the use or
1028 building or for any new use or accessory use on the property;
1029 e. The ground mounted utility box will not negatively impact any existing or
1030 planned public improvement within the right of way;
27
LEGISLATIVE DRAFT
1031 f. The ground mounted utility box is located at least 10 feet away from any tree in
1032 the right of way;
1033 g. The ground mounted utility box(es) comply with all requirements of Chapter
1034 14.32 or its successor; and
1035 h. The applicant has provided to the city and the utility provider the dimensions and
1036 space requirements necessary for the utility needs, as determined by the utility
1037 provider, of the proposed development.
1038
1039 3. In a public right of way when the ground mounted utility box is necessary to provide
1040 utility service to the broader neighborhood, the location is consistent with any legal
1041 agreement between the utility provider and the city, and the proposed utility box
1042 complies with all applicable regulations.
1043 4. The city engineer may issue a permit for the installation of a ground mounted utility
1044 box in the public right of way in accordance with standards set forth in this section
1045 and Title 14, Chapter 14.32 of this code.
1046 E. Allowed Ground Mounted Utility Boxes: Ground mounted utility boxes proposed as
1047 follows shall be allowed in all zoning districts subject to subsection D of this section.
1048
1049 1. Private Property: On private property with permission of the property owner or
1050 representative at one of the following locations
1051
1052 a. Below grade utility boxes that do not extend greater than six inches (6”) above
1053 ground level.
1054 b. Within the buildable area of a lot, rear yard or side yard.
1055 c. Behind required front and corner side yards or within five feet (5’) of a building
1056 when front and corner side yards are not required.
1057 d. Within a utility easement subject to easement restrictions.
1058 e. Within a right of way when the location does not interfere with circulation
1059 functions of the right of way and subject to subsection E1c of this section.
1060
1061 2. Public Right Of Way: The city engineer may issue a permit for the installation of a
1062 ground mounted utility box in the public right of way in accordance with standards
1063 set forth in this section and title 14, chapter 14.32 of this code.
1064
1065 a. Below grade utility boxes that do not extend greater than six inches (6”) above
1066 ground level
1067 b. A ground mounted utility box installed in a park strip or behind the sidewalk in
1068 the public way meeting the following criteria:
1069
1070 (1) A ground mounted utility box not exceeding a height of three feet (3’) and a
1071 footprint of four (4) square feet, or a box not exceeding two feet (2’) in height
1072 and a footprint of eight (8) square feet.
1073 (2) The pad for a ground mounted utility box shall not extend more than six
1074 inches (6”) beyond the footprint of the box.
1075 (3) A ground mounted utility box in a residential zoning district is located within
1076 fifteen feet (15’) of the interior lot line of an adjacent property.
28
LEGISLATIVE DRAFT
1077 (4) Excluding manufacturing, business park and general commercial zoning
1078 districts no more than three (3) ground mounted utility boxes, excluding
1079 exempt utility boxes, shall be allowed within a six hundred sixty foot (660’)
1080 segment of street right of way, unless approved as a special exception.
1081 (5) Any small ground mounted utility box that is less than sixty percent (60%) of
1082 the allowed size in subsection E2b(1) of this section shall be exempt from the
1083 special exception requirement of subsection E2b(4) of this section.
1084
1085 c. A ground mounted utility box installed in a public alley that does not interfere
1086 with the circulation function of the alley.
1087
1088 F. Special Exception: Proposed ground mounted utility boxes not specifically addressed in
1089 subsection E of this section or that do not meet the standards of subsection E of this
1090 section may be approved as a special exception pursuant to chapter 21A.52 of this title
1091 and the following requirements:
1092
1093 1. Application: A special exception application shall be made on a form prepared by the
1094 planning director or designee and submitted to the planning division, that includes
1095 required information and the following additional information:
1096
1097 a. Described plan of the proposed ground mounted utility box:
1098
1099 (1) Dimensions of box and footing/platform detail.
1100 (2) Location of contact information on the box.
1101 (3) Description of cabinet materials and finish treatment.
1102
1103 b. A location analysis which identifies other sites considered as alternatives within
1104 five hundred feet (500’) of the proposed location. The applicant shall provide a
1105 written explanation why the alternatives considered were either unavailable, or
1106 technologically or reasonably infeasible.
1107
1108 2. General Standards And Considerations For Special Exception Review Of Ground
1109 Mounted Utility Boxes: No special exception application for a ground mounted utility
1110 box shall be approved unless the planning director or the planning director’s designee
1111 determines that the ground mounted utility box satisfies the applicable standards
1112 related to size, spacing and/or location of the following criteria:
1113
1114 a. Evidence that the existing ground mounted utility box location and/or size are
1115 within a pattern that allowing an additional or larger ground mounted utility box
1116 will not create a significant impact on the character of the area.
1117 b. Evidence submitted that shows another location is not practical to service the
1118 subject area.
1119 c. Sufficiently demonstrates the reason that the larger cabinet is necessary.
1120 d. Demonstrates that the subject block face location is the only feasible location for
1121 the ground mounted utility box based on technical or physical constraints.
29
LEGISLATIVE DRAFT
1122 e. Ground mounted utility boxes are spaced in such a manner as to limit the visual
1123 impact of the box when viewed from the street or an adjacent property.
1124 f. The location will not obstruct access to other installed utility facilities.
1125 g. The additional cabinet is compatible in design and size with the existing ground
1126 mounted utility boxes in the area.
1127
1128 GD. Materials: All ground mounted utility boxes shall consist of high quality material such
1129 as stainless steel or other durable painted or colored material. The finish shall be a neutral
1130 color such as dark or light green, beige or gray or color similar to utility boxes within the
1131 vicinity and coated with a graffiti resistant treatment.
1132 HE. Post installation Obligations: All ground mounted utility boxes and any related screening
1133 materials shall remain the service provider’s responsibility to keep in a state of good
1134 visual quality and repair.
1135
1136 1. Franchise Agreements: Permitted and installed ground mounted utility boxes shall
1137 also comply with all conditions as set forth in the service provider’s/owner’s
1138 franchise agreement with the city. If the terms of any franchise agreement conflict
1139 with the provisions of this title, the ordinance regulations shall prevail and govern.
1140 2. Discontinued Use: If the service provider/owner of a ground mounted utility box in
1141 the public right of way discontinues the use or has no defined need for said box, it is
1142 that service provider’s/owner’s sole responsibility to remove the box and all
1143 associated conduit and wiring at its own expense in compliance with all engineering
1144 division requirements.
1145 3. Required Contact Information: A service provider shall place a permanent notice on
1146 the box containing the service provider’s name and telephone number for the purpose
1147 of notification in the event of graffiti or damages to the equipment.
1148 4. Maintenance: A service provider shall be solely responsible for maintaining ground
1149 mounted utility box sites in reasonably good repair in a clean, safe and level
1150 condition. “Level condition” shall mean not tilting greater than fifteen degrees (15°)
1151 from plumb. A service provider shall repair any damage to a ground mounted utility
1152 box within seventy two (72) hours after discovering or being notified of such damage
1153 to a box.
1154
1155 I. Other City Permits: Additional city permits may be required.
1156
1157 1. Permits: No construction shall be undertaken without the applicable city permits and
1158 public way permits.
1159 2. Certificate Of Appropriateness: Any ground mounted utility box located within an
1160 area subject to section 21A.34.020, “H Historic Preservation Overlay District”, of this
1161 title must obtain a certificate of appropriateness before the box may be installed.
1162
1163 SECTION 35. Amending the text of Salt Lake City Code Section 21A.44.090
1164 Modification to Parking Areas as follows:
30
LEGISLATIVE DRAFT
1165 21A.44.090: MODIFICATIONS TO PARKING AREAS:
1166 Applicants requesting development permits or approvals may request adjustments to the
1167 standards and requirements in this Error! Reference source not found. Error! Reference
1168 source not found., and the city may approve adjustments to those standards, as described
1169 below.
1170 A. Administrative ModificationsAuthority to Approve Modifications:
1171 The planning director or transportation director may approve the following types of
1172 modifications without requiring approval of a Special Exception, provided that the
1173 Director determines that the adjustment will not create adverse impacts on pedestrian,
1174 bicycle, or vehicle safety and that the adjustment is required due to the nature of the
1175 site and the surrounding context to accommodate an unusual site feature (such as
1176 shape, topography, utilities, or access point constraints) and that the need for the
1177 adjustment has not been created by the actions of the applicant.
1178 B. Authorized Modifications:
1179 1. Modification to dimensions or geometries of parking, loading, or stacking space,
1180 aisles, or maneuvering areas otherwise required by this chapter, other City
1181 regulations, or the Off Street Parking Standards Manual; provided that those
1182 modifications are consistent with federal and state laws regarding persons with
1183 disabilities, including but not limited to the Americans with Disabilities Act.
1184 2. Modifications to bicycle parking or loading berth location or design standards.
1185 B. Special Exceptions: The following types of exceptions may be approved through the
1186 Special Exception process in section 21A.52.040, provided that the application meets
1187 the criteria for approval of a Special Exception in section 21A.52.060 in addition to
1188 the standards provided in this section.
1189 3. Exceptions PermittedFront Yard Parking:
1190 a. The lot contains an existing residential building.
1191 b. No other off-street parking exists on the site.
1192 c. No provided side yard is greater than 8 feet. If greater than 8 feet, no tree over
1193 6 inches in caliper is present in the side yard that would necessitate the
1194 removal of the tree to locate a parking stall in the side yard or rear yard.
1195 d. The rear yard does not have frontage on a public street or public alley and the
1196 property does not have access rights across an adjacent private street or alley.
1197 e. The front yard parking complies with the following standards:
1198
1199 (1) The front yard parking is limited to no wider than 10 feet in width and is a
1200 minimum depth of 20 feet.
1201 (2) The front yard parking is accessed by an approved drive approach.
1202 (3) The location of the front yard parking is placed within 10 feet of a side lot
1203 line or for corner properties, may also be within 10 feet of a rear lot line
1204 and is consistent with the location of other driveways on the block face.
31
LEGISLATIVE DRAFT
1205 a. Front Yard Parking Exception: For any zoning district, if front yard
1206 parking is prohibited in Table 21A.44.060-A, “Parking Location and
1207 Setback Requirements”, it may be allowed if all of the following
1208 conditions are met:
1209
1210 (1) The rear or side yards cannot be reasonably accessed by vehicles,
1211 specifically:
1212
1213 (a) Clearance for a driveway could not be provided in the side yard
1214 on either side of the building that is free from obstructions that
1215 cannot reasonably be avoided, such as utilities, window-wells, a
1216 specimen tree, a direct elevation change of three feet (3’) or
1217 greater, or retaining walls three feet (3’) high or greater; and
1218
1219 (b) There is not a right-of-way or alley adjacent to the
1220 property with established rights for access, where:
1221
1222 a. The travel distance to the property line is less than one
1223 hundred feet (100’) from an improved street and the right-of-
1224 way or alley has at least a minimum twelve foot (12’)
1225 clearance that is, or could be paved; or
1226
1227 b. The travel distance to the property line is more than one
1228 hundred feet (100’) from an improved street and the right-
1229 of-way or alley has an existing minimum twelve foot (12’)
1230 wide paved surface.
1231
1232 (2) It is not feasible to build an attached garage that conforms to
1233 yard area and setback requirements;
1234
1235 (3) Parking is limited to an area that is surfaced in compliance with the
1236 Off Street Parking Standards Manual;
1237
1238 (4) The parking area is limited to nine feet (9’) wide by twenty feet (20’)
1239 deep;
1240
1241 (5) Vehicles using the parking area will not project across any sidewalk
1242 or into the public right-of-way; and
1243
1244 (6) Parking is restricted to passenger vehicles only.
1245 4. Vehicle and Equipment Storage Without Hard Surfacing:
1246 a. The property is located in a CG, M-1, M-2, or EI zoning district
1247 b. The lot is used for long term vehicle storage, not for regular parking and/or
1248 maneuvering.
32
LEGISLATIVE DRAFT
1249 b. The storage areas are not located within any required front yard or corner side
1250 yard.
1251 c. The storage area surface is compacted with 6 inches of road base or other
1252 similar material with dust control measures in place.
1253 d. A mechanism, such as a wash bay, gravel guard, or rumble strip is used to
1254 remove mud, sand, dirt, and gravel from the vehicle with a minimum of 50
1255 feet of paved driveway between the mechanism and a public street. The
1256 mechanism used is subject to approval by the Transportation Director or
1257 designee provided it is a commonly used device that is effective at removing
1258 debris from vehicle tires.
1259
1260 b. Vehicle and Equipment Storage Surfacing Exception: Vehicle and
1261 equipment storage without hard surfacing may be permitted in the
1262 CG, M-1, M-2 and EI zoning districts provided that:
1263
1264 (1) The lot is used for long-term vehicle storage, not for regular
1265 parking and/or maneuvering;
1266
1267 (2) The vehicles or equipment stored are large and/or are built on tracks
1268 that could destroy normal hard surfacing;
1269
1270 (3) The parking surface is compacted with six inches (6”) of road
1271 base and other semi-hard material with long lasting dust control
1272 chemical applied annually;
1273
1274 (4) A hard-surfaced cleaning station is installed to prevent tracking
1275 of mud and sand onto the public right-of-way; and
1276
1277 (5) Any vehicles or equipment that contain oil are stored with
1278 pans, drains, or other means to ensure that any leaking oil will
1279 not enter the soil.
1280
1281 SECTION 36. Amending the text of Salt Lake City Code Subsection 21A.46.070.V
1282 (Historic District Signs) as follows:
1283 21A.46.070.V Historic District Signs: The Hhistoric Llandmark Ccommission may
1284 authorize, as a minor alteration special exception, modification to an existing sign or the
1285 size or placement of a new sign in a historic district or on a landmark site, including
1286 placement of a sign type not allowed in the underlying zone, if the applicant can
1287 demonstrate that the location, size and/or design of the proposed sign is compatible with
1288 the design period or theme of the historic structure or district and/or will cause less
1289 physical damage to the historically significant structure. If a sign in a local historic
1290 district or on a landmark site has been designated a vintage sign as per sSection
33
LEGISLATIVE DRAFT
1291 21A.46.125 of this chapter, the modifications allowed in that section may be authorized
1292 by the Hhistoric Llandmark Ccommission subject to the appropriate standards of sSection
1293 21A.34.020 of this title.
1294
1295 SECTION 37. Amending the text of Salt Lake City Code Chapter 21A.46.125 (Vintage
1296 Signs) as follows:
1297 A. The purpose of this section is to promote the retention, restoration, reuse, and
1298 reinstatement of nonconforming signs that represent important elements of Salt Lake
1299 City’s heritage and enhance the character of a corridor, neighborhood, or the community
1300 at large.
1301 B. Notwithstanding any contrary provision of this title:
1302
1303 1. An application for designation of vintage sign status as well as for the reinstatement
1304 of, modifications to, or relocation of a vintage sign shall be processed in accordance
1305 with the procedures for a special exception, as per chapter 21A.52 of this title set
1306 forth in Chapter 21A.08 and Section 21A.46.030 as well as the following:
1307
1308 a. Application: In addition to the general application requirements for a special
1309 exceptionsign, an application for vintage sign designation or modification shall
1310 require:
1311
1312 (1a) Detailed drawings and/or photographs of the sign in its current condition,
1313 if currently existing;
1314 (2b) Written narrative and supporting documentation demonstrating how the
1315 sign meets the applicable criteria;
1316 (3c) Detailed drawings of any modifications or reinstatement being sought;
1317 (4d) Detailed drawings of any relocation being sought; and
1318 (5e) Historic drawings and/or photographs of the sign.
1319
1320 2. The Zzoning Aadministrator shall designate an existing sign as a vintage sign if the
1321 sign:
1322
1323 a. Was not placed as part of a Localized Alternative Signage Overlay District and
1324 has not been granted flexibility from the base zoning through a planned
1325 development agreement or by the Hhistoric Llandmark Ccommission;
1326 b. Is not a billboard as defined in sSection 21A.46.020 of this chapter;
1327 c. Retains its original design character, or that character will be reestablished or
1328 restored, based on historic evidence such as drawings or photographs; and,
1329 d. Meets at least four (4) of the following criteria:
1330
1331 (1) The sign was specifically designed for a business, institution, or other
1332 establishment on the subject site;
34
LEGISLATIVE DRAFT
1333 (2) The sign bears a unique emblem, logo, or another graphic specific to the
1334 Ccity, or region;
1335 (3) The sign exhibits specific characteristics that enhance the streetscape or
1336 identity of a neighborhood;
1337 (4) The sign is or was characteristic of a specific historic period;
1338 (5) The sign is or was integral to the design or identity of the site or building
1339 where the sign is located; or,
1340 (6) The sign represents an example of craftsmanship in the application of lighting
1341 technique, use of materials, or design.
1342
1343 3. A designated vintage sign may, by special exception:
1344
1345 a. Be relocated within its current site.
1346 b. Be modified to account for changing uses within its current site. These
1347 modifications shall be in the same style as the design of the original sign
1348 including:
1349 (1) Shape and form,
1350 (2) Size,
1351 (3) Typography,
1352 (4) Illustrative elements,
1353 (5) Use of color,
1354 (6) Character of illumination, and
1355 (7) Character of animation.
1356
1357 c. Be restored or recreated, and reinstated on its original site.
1358 d. Be relocated to a new site for use as a piece of public art, provided that the
1359 original design and character of the sign is retained, or will be restored, and it
1360 advertises a business no longer in operation. Vintage signs may only be relocated
1361 for use as public art to sites in the following districts: D-1, D-2, D-3, D-4, G-MU,
1362 CSHBD1, CSHBD2, FB-UN2, FB-UN3, FB-SC, FB-SE, TSA.
1363 e. Be relocated and reinstalled on the business’s new site, should the business with
1364 which it is associated move, provided that the business’s new location is within
1365 the same contiguous zoning district as the original location.
1366
1367 4. Once designated, a vintage sign is exempt from the calculation of allowed signage on
1368 a site.
1369
1370 SECTION 38. Deleting Chapter 21A.52 Special Exceptions of the Salt Lake City Code
1371 Chapter as follows:
1372 CHAPTER 21A.52
1373 SPECIAL EXCEPTIONS
1374
1375 SECTION:
35
LEGISLATIVE DRAFT
1376 21A.52.010: Purpose Statement
1377 21A.52.020: Definition
1378 21A.52.030: Special Exceptions Authorized
1379 21A.52.040: Procedure
1380 21A.52.050: Coordinated Review And Approval Of Applications
1381 21A.52.060: General Standards And Considerations For Special Exceptions
1382 21A.52.070: Conditions On Special Exceptions
1383 21A.52.080: Relation Of Special Exception
1384 21A.52.090: Amendments To Special Exceptions
1385 21A.52.100: Extensions Of Time
1386 21A.52.110: Authority To Inspect
1387 21A.52.120: Appeal Of Decision
1388 21A.52.130: Revocation Of Special Exceptions
1389 21A.52.140: Effect On Denial Of Special Exception
1390
1391
1392 21A.52.010: PURPOSE STATEMENT:
1393 The planning commission or historic landmark commission may delegate its authority as
1394 necessary to the planning director to make a determination regarding special exceptions. The
1395 planning director may approve the special exceptions authorized by this title in accordance
1396 with the procedures and standards set out in this chapter and other regulations applicable to
1397 the district in which the subject property is located.
1398
1399
1400 21A.52.020: DEFINITION:
1401
1402 A “special exception” is an activity or use incidental to or in addition to the principal use(s)
1403 permitted in a zoning district or an adjustment to a fixed dimension standard permitted as
1404 exceptions to the requirements of this title of less potential impact than a conditional use but
1405 which requires a careful review of such factors as location, design, configuration and/or
1406 impacts to determine the desirability of authorizing its establishment on any given site.
1407
1408
1409 21A.52.030: SPECIAL EXCEPTIONS AUTHORIZED:
1410
1411 A. In addition to any other special exceptions authorized elsewhere in this title, the
1412 following special exceptions are authorized under the provisions of this title:
1413
1414 1. Accessory building height, including wall height, in excess of the permitted height
1415 provided:
1416
1417 a. The extra height is for architectural purposes only, such as a steep roof to match
1418 existing primary structure or neighborhood character.
36
LEGISLATIVE DRAFT
1419 b. The extra height is to be used for storage of household goods or truss webbing
1420 and not to create a second level.
1421 c. No windows are located in the roof or on the second level unless it is a design
1422 feature only.
1423 d. No commercial use is made of the structure or residential use unless it complies
1424 with the accessory dwelling unit regulations in this title.
1425
1426 2. Accessory structures in the front yard of double frontage lots, which do not have any
1427 rear yard provided:
1428
1429 a. The required sight visibility triangle shall be maintained at all times.
1430 b. The structure meets all other size and height limits governed by the zoning
1431 ordinance.
1432
1433 3. Additional height for fences, walls or similar structures may be granted to exceed the
1434 height limits established for fences and walls in chapter 21A.40 of this title if it is
1435 determined that there will be no negative impacts upon the established character of
1436 the affected neighborhood and streetscape, maintenance of public and private views,
1437 and matters of public safety. Approval of fences, walls and other similar structures
1438 may be granted under the following circumstances subject to compliance with other
1439 applicable requirements:
1440
1441 a. Exceeding the allowable height limits; provided, that the fence, wall or structure
1442 is constructed of wrought iron, tubular steel or other similar material, and that the
1443 open, spatial and nonstructural area of the fence, wall or other similar structure
1444 constitutes at least eighty percent (80%) of its total area;
1445 b. Exceeding the allowable height limits on any corner lot; unless the city’s traffic
1446 engineer determines that permitting the additional height would cause an unsafe
1447 traffic condition;
1448 c. Incorporation of ornamental features or architectural embellishments which
1449 extend above the allowable height limits;
1450 d. Exceeding the allowable height limits, when erected around schools and approved
1451 recreational uses which require special height considerations;
1452 e. Exceeding the allowable height limits, in cases where it is determined that a
1453 negative impact occurs because of levels of noise, pollution, light or other
1454 encroachments on the rights to privacy, safety, security and aesthetics;
1455 f. Keeping within the character of the neighborhood and urban design of the city;
1456 g. Avoiding a walled-in effect in the front yard of any property in a residential
1457 district where the clear character of the neighborhood in front yard areas is one of
1458 open spaces from property to property; or
1459 h. Posing a safety hazard when there is a driveway on the petitioner’s property or
1460 neighbor’s property adjacent to the proposed fence, wall or similar structure.
1461
37
LEGISLATIVE DRAFT
1462 4. Additional building height in commercial districts are subject to the standards
1463 in chapter 21A.26 of this title.
1464 5. Additional foothills building height, including wall height, shall comply with the
1465 standards in chapter 21A.24 of this title.
1466 6. Additional residential building height, including wall height, in the R-1 districts, R-2
1467 districts and SR districts shall comply with the standards in chapter 21A.24 of this
1468 title.
1469 7. Any alternative to off street parking not listed in chapter 21A.44 of this title intended
1470 to meet the number of required off street parking spaces.
1471 8. Barbed wire fences may be approved subject to the regulations of chapter 21A.40 of
1472 this title.
1473 9. Conditional home occupations subject to the regulations and conditions of chapter
1474 21A.36 of this title.
1475 10. Dividing existing lots containing two (2) or more separate residential structures into
1476 separate lots that would not meet lot size, frontage width or setbacks provided:
1477
1478 a. The residential structures for the proposed lot split already exist and were
1479 constructed legally.
1480 b. The planning director agrees and is willing to approve a subdivision application.
1481 c. Required parking equal to the parking requirement that existed at the time that
1482 each dwelling unit was constructed.
1483
1484 11. Use of the front yard for required parking when the rear or side yards cannot be
1485 accessed and it is not feasible to build an attached garage that conforms to yard area
1486 and setback requirements, subject to the standards found in chapter 21A.44 of this
1487 title.
1488 12. Grade changes and retaining walls are subject to the regulations and standards
1489 of chapter 21A.36 of this title.
1490 13. Ground mounted central air conditioning compressors or systems, heating,
1491 ventilating, pool and filtering equipment located in required side and rear yards
1492 within four feet (4’) of the property line. The mechanical equipment shall comply
1493 with applicable Salt Lake County health department noise standards.
1494 14. Hobby shop, art studio, exercise room or a dressing room adjacent to a swimming
1495 pool, or other similar uses in an accessory structure, subject to the following
1496 conditions:
1497
1498 a. The height of the accessory structure shall not exceed the height limit established
1499 by the underlying zoning district unless a special exception allowing additional
1500 height is allowed.
1501 b. If an accessory building is located within ten feet (10’) of a property line, no
1502 windows shall be allowed in the walls adjacent to the property lines.
1503 c. If the accessory building is detached, it must be located in the rear yard.
38
LEGISLATIVE DRAFT
1504 d. The total covered area for an accessory building shall not exceed fifty percent
1505 (50%) of the building footprint of the principal structure, subject to all accessory
1506 building size limitations.
1507
1508 15. In line additions to existing residential or commercial buildings, which are
1509 noncomplying as to yard area or height regulations provided:
1510
1511 a. The addition follows the existing building line and does not create any new
1512 noncompliance.
1513 b. No additional dwelling units are added to the structure.
1514 c. The addition is a legitimate architectural addition with rooflines and exterior
1515 materials designed to be compatible with the original structure.
1516
1517 16. Operation of registered home daycare or registered home preschool facility in
1518 residential districts subject to the standards of chapter 21A.36 of this title.
1519 17. Outdoor dining in required front, rear and side yards subject to the regulations and
1520 standards of chapter 21A.40 of this title.
1521 18. Razor wire fencing may be approved subject to the regulations and standards
1522 in chapter 21A.40 of this title.
1523 19. Replacement or reconstruction of any existing noncomplying segment of a residential
1524 or commercial structure or full replacement of a noncomplying accessory structure
1525 provided:
1526
1527 a. The owner documents that the new construction does not encroach farther into
1528 any required rear yard than the structure being replaced.
1529 b. The addition or replacement is compatible in design, size and architectural style
1530 with the remaining or previous structure.
1531
1532 20. Underground building encroachments into the front, side, rear and corner side yard
1533 setbacks provided the addition is totally underground and there is no visual evidence
1534 that such an encroachment exists.
1535 21. Window mounted refrigerated air conditioner and evaporative swamp coolers located
1536 in required front, corner, side and rear yards within two feet (2’) of a property line
1537 shall comply with applicable Salt Lake County health department noise standards.
1538 22. Vehicle and equipment storage without hard surfacing in the CG, M-1, M-2 or EI
1539 districts, subject to the standards in chapter 21A.44 of this title.
1540 23. Ground mounted utility boxes may be approved subject to the regulations and
1541 standards of section 21A.40.160 of this title.
1542 24. Legalization of excess dwelling units may be granted subject to the following
1543 requirements and standards:
1544
1545 a. Purpose: The purpose of this subsection is to implement the existing Salt Lake
1546 City community housing plan. This plan emphasizes maintaining existing housing
39
LEGISLATIVE DRAFT
1547 stock in a safe manner that contributes to the vitality and sustainability of
1548 neighborhoods within the city. This subsection provides a process that gives
1549 owners of property with one or more excess dwelling units not recognized by the
1550 city an opportunity to legalize such units based on the standards set forth in this
1551 subsection.
1552 b. Review Standards: A dwelling unit that is proposed to be legalized pursuant to
1553 this subsection shall comply with the following standards.
1554
1555 (1) The dwelling unit existed prior to April 12, 1995. In order to determine
1556 whether a dwelling unit was in existence prior to April 12, 1995, the unit
1557 owner shall provide documentation thereof which may include any of the
1558 following:
1559
1560 (A) Copies of lease or rental agreements, lease or rent payments, or other
1561 similar documentation showing a transaction between the unit owner and
1562 tenants;
1563 (B)Evidence indicating that prior to April 12, 1995, the city issued a building
1564 permit, business license, zoning certificate, or other permit relating to the
1565 dwelling unit in question;
1566 (C)Utility records indicating existence of a dwelling unit;
1567 (D)Historic surveys recognized by the Planning Director as being performed
1568 by a trained professional in historic preservation;
1569 (E) Notarized affidavits from a previous owner, tenant, or neighbor;
1570 (F) Polk, Cole, or phone directories that indicate existence of the dwelling unit
1571 (but not necessarily that the unit was occupied); and
1572 (G)Any other documentation that the owner is willing to place into a public
1573 record which indicates the existence of the excess unit prior to April 12,
1574 1995.
1575
1576 (2) The excess unit has been maintained as a separate dwelling unit since April
1577 12, 1995. In order to determine if a unit has been maintained as a separate
1578 dwelling unit, the following may be considered:
1579
1580 (A)Evidence listed in subsection A24b(1) of this section indicates that the unit
1581 has been occupied at least once every five (5) calendar years;
1582 (B)Evidence that the unit was marketed for occupancy if the unit was
1583 unoccupied for more than five (5) consecutive years;
1584 (C)If evidence of maintaining a separate dwelling unit as required by
1585 subsections A24b(2)(A) and A24b(2)(B) of this section cannot be
1586 established, documentation of construction upgrades may be provided in
1587 lieu thereof.
40
LEGISLATIVE DRAFT
1588 (D)Any documentation that the owner is willing to place into a public record
1589 which provides evidence that the unit was referenced as a separate
1590 dwelling unit at least once every five (5) years.
1591
1592 (3) The property where the dwelling unit is located:
1593
1594 (A)Can accommodate on site parking as required by this title, or
1595 (B)Is located within a one-fourth (
1/4) mile radius of a fixed rail transit stop or
1596 bus stop in service at the time of legalization.
1597
1598 (4) Any active zoning violations occurring on the property must be resolved
1599 except for those related to excess units.
1600
1601 c. Conditions Of Approval: Any approved unit legalization shall be subject to the
1602 following conditions:
1603
1604 (1) The unit owner shall apply for a business license, when required, within
1605 fourteen (14) days of special exception approval.
1606 (2) The unit owner shall allow the City’s building official or designee to inspect
1607 the dwelling unit to determine whether the unit substantially complies with
1608 basic life safety requirements as provided in title 18, chapter 18.50, “Existing
1609 Residential Housing”, of this Code. Such inspection shall occur within ninety
1610 (90) days of special exception approval or as mutually agreed by the unit
1611 owner and the City.
1612 (3) All required corrections indicated during the inspection process must be
1613 completed within one year unless granted an extension by the Zoning
1614 Administrator.
1615
1616 d. Application: In addition to the application requirements in this chapter, an
1617 applicant shall submit documentation showing compliance with the standards set
1618 forth in subsection A24b of this section.
1619
1620 25. Designation, modification, relocation, or reinstatement of a vintage sign as
1621 per chapter 21A.46 of this title.
1622 26. Additional height for sports related light poles such as light poles for ballparks,
1623 stadiums, soccer fields, golf driving ranges and sport fields or where sports lights are
1624 located closer than thirty feet (30’) from adjacent residential structures.
1625
1626
1627 21A.52.040: PROCEDURE:
1628
1629 A. An application for a special exception shall be processed in accordance with the
1630 following procedures:
41
LEGISLATIVE DRAFT
1631
1632 1. Application: An application may be made by the owner of the subject property or the
1633 owner’s authorized agent to the Planning Director on a form or forms provided by the
1634 Planning Director, which shall include at least the following information, unless
1635 deemed unnecessary by the Planning Director:
1636
1637 a. The applicant’s name, address, telephone number, e-mail address and interest in
1638 the subject property;
1639 b. The owner’s name, address and telephone number, if different than the applicant,
1640 and the owner’s signed consent to the filing of the application;
1641 c. The street address and legal description of the subject property;
1642 d. The Salt Lake County property tax number;
1643 e. The proposed title of the project and the names, addresses and telephone numbers
1644 of the architect, landscape architect, planner or engineer on the project;
1645 f. A complete description of the proposed special exception;
1646 g. A plan or drawing drawn to a scale of one inch equals twenty feet (1” = 20’) or
1647 larger which includes the following information:
1648
1649 (1) Actual dimensions of the lot,
1650 (2) Exact sizes and location of all existing and proposed buildings or other
1651 structures,
1652 (3) Driveways,
1653 (4) Parking spaces,
1654 (5) Safety curbs,
1655 (6) Landscaping,
1656 (7) Location of trash receptacles, and
1657 (8) Drainage features;
1658
1659 h. Traffic impact analysis;
1660 i. Such other and further information or documentation as the planning director may
1661 deem necessary or appropriate for a full and proper consideration and disposition
1662 of the particular application.
1663
1664 2. Determination Of Completeness: Upon receipt of an application for a special
1665 exception, the planning director shall make a determination of completeness pursuant
1666 to chapter 21A.10 of this title, and that the applicant has submitted all of the
1667 information necessary to satisfy the notification requirements of chapter 21A.10 of
1668 this title.
1669 3. Fees: The application shall be accompanied by the applicable fees shown on the Salt
1670 Lake City consolidated fee schedule. Where applicable, the applicant shall also be
1671 responsible for payment of all fees established for providing the public notice
1672 required by chapter 21A.10 of this title.
42
LEGISLATIVE DRAFT
1673 4. Notice: A notice of application for a special exception shall be provided in
1674 accordance with chapter 21A.10 of this title.
1675 5. Approval Process: The approval process for a special exception as listed in this title is
1676 a two (2) tiered process as follows:
1677
1678 a. Review And Decision By The Planning Director: On the basis of written findings
1679 of fact, the planning director or the planning director’s designee shall either
1680 approve, deny or conditionally approve an application for a special exception
1681 based on the standards in this chapter. The decision of the planning director shall
1682 become effective at the time the decision is made.
1683 b. Referral Of Application By Planning Director To Planning Commission: The
1684 planning director or the planning director’s designee may refer any application to
1685 the planning commission due to the complexity of the application, the
1686 significance in change to the property or the surrounding area.
1687
1688
1689 21A.52.050: COORDINATED REVIEW AND APPROVAL OF APPLICATIONS:
1690
1691 Whenever an application for a special exception requires a variance, the applicant shall
1692 indicate that fact on the application and shall first file a variance application with the appeals
1693 hearing officer. The special exception shall then be reviewed after a public hearing by the
1694 appeals hearing officer on the variance request.
1695
1696
1697 21A.52.060: GENERAL STANDARDS AND CONSIDERATIONS FOR SPECIAL
1698 EXCEPTIONS:
1699
1700 No application for a special exception shall be approved unless the planning commission,
1701 historic landmark commission, or the planning director determines that the proposed special
1702 exception is appropriate in the location proposed based upon its consideration of the general
1703 standards set forth below and, where applicable, the specific conditions for certain special
1704 exceptions.
1705
1706 A. Compliance With Zoning Ordinance And District Purposes: The proposed use and
1707 development will be in harmony with the general and specific purposes for which this
1708 title was enacted and for which the regulations of the district were established.
1709 B. No Substantial Impairment Of Property Value: The proposed use and development will
1710 not substantially diminish or impair the value of the property within the neighborhood in
1711 which it is located.
1712 C. No Undue Adverse Impact: The proposed use and development will not have a material
1713 adverse effect upon the character of the area or the public health, safety and general
1714 welfare.
43
LEGISLATIVE DRAFT
1715 D. Compatible With Surrounding Development: The proposed special exception will be
1716 constructed, arranged and operated so as to be compatible with the use and development
1717 of neighboring property in accordance with the applicable district regulations.
1718 E. No Destruction Of Significant Features: The proposed use and development will not
1719 result in the destruction, loss or damage of natural, scenic or historic features of
1720 significant importance.
1721 F. No Material Pollution Of Environment: The proposed use and development will not
1722 cause material air, water, soil or noise pollution or other types of pollution.
1723 G. Compliance With Standards: The proposed use and development complies with all
1724 additional standards imposed on it pursuant to this chapter.
1725
1726
1727 21A.52.070: CONDITIONS ON SPECIAL EXCEPTIONS:
1728
1729 Conditions and limitations necessary or appropriate to prevent or minimize adverse effects
1730 upon other property and improvements in the vicinity of the special exception or upon public
1731 facilities and services may be imposed on each application. These conditions may include,
1732 but are not limited to, conditions concerning use, construction, operation, character, location,
1733 landscaping, screening and other matters relating to the purposes and objectives of this title.
1734 Such conditions shall be expressly set forth in the approval record of the special exception.
1735
1736
1737 21A.52.080: RELATION OF SPECIAL EXCEPTION:
1738
1739 A special exception shall be deemed to relate to, and be for the benefit of, the use and lot in
1740 question rather than the owner or operator of such use or lot.
1741
1742
1743 21A.52.090: AMENDMENTS TO SPECIAL EXCEPTIONS:
1744
1745 A special exception may be amended, varied or altered only pursuant to the procedures and
1746 subject to the standards and limitations provided in this chapter for its original approval.
1747
1748
1749 21A.52.100: EXTENSIONS OF TIME:
1750
1751 Subject to an extension of time granted upon application to the planning director, no special
1752 exception shall be valid for a period longer than one year unless a building permit is issued or
1753 complete building plans have been submitted to the division of building services and
1754 licensing within that period. The planning director may grant an extension of a special
1755 exception for up to one additional year when the applicant is able to demonstrate no change
1756 in circumstance that would result in an unmitigated impact. Extension requests must be
1757 submitted to the planning director in writing prior to the expiration of the exception.
44
LEGISLATIVE DRAFT
1758
1759
1760 21A.52.110: AUTHORITY TO INSPECT:
1761
1762 The planning director or their designee shall have the authority to inspect all properties for
1763 compliance with special exception conditions as often as necessary to assure continued
1764 compliance.
1765
1766
1767 21A.52.120: APPEAL OF DECISION:
1768
1769 A. Any party aggrieved by a decision of the planning director may appeal the decision to the
1770 planning commission pursuant to the provisions in chapter 21A.16 of this title.
1771 B. Any party aggrieved by a decision of the planning commission on an application for a
1772 special exception may file an appeal to the appeals hearing officer within ten (10) days of
1773 the date of the decision. The filing of the appeal shall not stay the decision of the
1774 planning commission pending the outcome of the appeal, unless the planning commission
1775 takes specific action to stay a decision.
1776
1777
1778 21A.52.130: REVOCATION OF SPECIAL EXCEPTIONS:
1779
1780 Violation of any such condition or limitation shall be a violation of this title and shall
1781 constitute grounds for revocation of the special exception. If the planning director determines
1782 that the conditions of a special exception or other applicable provisions of this title are not
1783 met, the planning director may initiate action to revoke a special exception.
1784
1785 A. Notice: Notice of a hearing by the planning commission to consider revocation shall be
1786 given pursuant to the requirements of chapter 21A.10 of this title. The notice shall inform
1787 the holder of the special exception of the grounds for the revocation and set a hearing
1788 date.
1789 B. Public Hearing: The scheduled hearing shall conform to the requirements of chapter
1790 21A.10 of this title.
1791 C. Planning Commission Decision: Following the hearing, the planning commission shall
1792 decide whether or not to revoke the special exception in accordance with the findings and
1793 decisions in chapter 21A.10 of this title.
1794
1795
1796 21A.52.140: EFFECT ON DENIAL OF SPECIAL EXCEPTION:
1797
1798 No application for a special exception shall be considered by the planning commission or the
1799 planning commission’s designee within one year of a final decision upon a prior application
45
LEGISLATIVE DRAFT
1800 covering substantially the same subject on substantially the same property if the prior
1801 application was denied and not appealed.
1802
1803 SECTION 39. Amending the text of the Salt Lake City Code Section 21A.60.020 (List of
1804 Defined Terms) by adding the following term in alphabetical order:
1805 Ground mounted utility box.
1806
1807
1808 SECTION 40. Adding the following definition in alphabetical order in alphabetical order
1809 to Section 21A.62.040 (Definition of Terms) of the Salt Lake City Code as follows:
1810 Ground mounted utility boxes: shall mean such equipment and facilities, including pedestals,
1811 boxes, cabinets, meters or other ground mounted facilities and associated equipment that
1812 extend over 6 inches above ground level used for the transmission or distribution of utilities.
1813
1814 SECTION 41. Effective Date. This Ordinance shall become effective on the date of its
1815 first publication.
1816 Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________,
1817 2021.
1818 ______________________________
1819 CHAIRPERSON
1820 ATTEST AND COUNTERSIGN:
1821
1822 ______________________________
1823 CITY RECORDER
1824
1825 Transmitted to Mayor on _______________________.
1826
1827
1828 Mayor’s Action: _______Approved. _______Vetoed.
1829
1830 ______________________________
1831 MAYOR
1832 ______________________________
1833 CITY RECORDER
1834 (SEAL)
1835
46
LEGISLATIVE DRAFT
1836 Bill No. ________ of 2021.
1837 Published: ______________.1838 Ordinance deleting special exceptions from city code(legislative)
ERIN MENDENHALL
Mayor
DEPARTMENT of COMMUNITY
and NEIGHBORHOODS
Blake Thomas
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV
P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005
CITY COUNCIL TRANSMITTAL
________________________ Date Received: _________________
Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________
______________________________________________________________________________
TO: Salt Lake City Council DATE:
, Chair
FROM: Blake Thomas, Director Department of Community & Neighborhoods
__________________________
SUBJECT:PLNPCM2020-00606 Text amendment eliminating the special exception process
from Title 21A.
STAFF CONTACT:Nick Norris, Planning Director, 801-641-1728 or nick.norris@slcgov.com
DOCUMENT TYPE: Ordinance
RECOMMENDATION: That the City Council adopt the proposal as recommended by the
Planning Commission.
BUDGET IMPACT:If adopted, revenue from application fees would decrease approximately
$43,000.00 (application fee of ($265) x average number of applications
submitted annual (156))
BACKGROUND/DISCUSSION: The purpose of this proposal is to amend the zoning
ordinance related to special exceptions to accomplish the following:
Simplify the zoning ordinance by updating regulations and eliminating special
exceptions;
Reallocate staff resources away from processing land use applications that favor
individual properties and towards updating zoning codes to align with adopted master
plans;
Increase predictability and reduce neighbor conflicts that are created by requests for
exceptions to the zoning regulations;
This proposal would eliminate the special exception process from the zoning ordinance and
make changes to multiple sections of the zoning ordinance to address each of the 42 authorized
1
special exceptions. Each of the authorized special exceptions would be addressed in one of the
following ways:
Prohibited and no longer authorized;
Permitted by right, some with qualifying provisions;
Permitted through a different process within the zoning ordinance.
A special exception is a minor change to a dimensional requirement or to approve accessory or
ancillary uses on a property. Common examples of special exceptions include requests for
exceptions to the maximum height requirements for buildings and fences, additions to existing
buildings that do not comply with current setback requirements, grade changes over four feet in
height, legalization of dwelling units when there is no record of the unit be permitted, and
modifications to building bulk requirements in historic districts.
The Planning Division receives approximately 150 applications for special exceptions each
calendar year. The application fee is currently $265.00. The cost to process the applications is
determined primarily by the hours of staff needed. The average processing time is about 17
hours and includes application intake, review for completeness, preparing public notices, routing
for departmental review, reviewing the proposal to verify that applicable standards and other
zoning regulations are complied with, explaining the proposals to neighbors who receive notice,
determining if the proposal impacts neighbors and if so applying conditions to reduce those
impacts, and producing decision letters. Some special exceptions require approval by the
Planning Commission or Historic Landmark Commission. Additional tasks are required that
include preparing staff reports, scheduling and noticing public hearings, and preparing for
presentations for the public hearing. The level of public engagement increases because public
hearing notices are mailed to a broader segment of the neighborhood. Special exceptions that are
reviewed by one of the commissions require approximately 52 staff hours.
Based on this information, the cost to the city to process a typical special exception application
that is approved by staff is between approximately $460.00 and $575.00 depending on the
classification of the planner processing the application. The application fee covers between 48-
57% of the cost. If the special exception is required to go to a commission for approval, the staff
hour cost increases to between $1,370.00 and $1,765.00 which is 5-6.6 times the application fee.
The application fee only covers between 15% and 52% of the cost to process which means that
the rest of the cost is subsidized by the city.
There are some exceptions that will be prohibited by this proposal. These exceptions are being
eliminated because the make up the bulk of denied special exceptions, there are other processes
to address the exception already in the zoning ordinance, or due to the high level of controversy
that are generated by the exceptions. The following is a short list of exceptions that will no
longer be allowed:
Additional height for dwellings in residential districts unless the block face already has
buildings that exceed the current height limit or the property is located in a historic
district;
Additional height for fences, including in the front yard. Changes to fence height
regulations were initiated by the City Council in 2019. This is being processed separately
because fence height regulations impact every single parcel of land in the city;
2
Ground mounted utility boxes in rights of way unless the box serves the broader
neighborhood or community;
Grade changes and retaining walls over six feet in height that are not broken up by a
horizontal step. This change was also initiated by the City Council in 2016 after a very
tall retaining wall was built in the upper Federal Heights neighborhood.
Most special exceptions do not generate public input and either require no conditions of approval
or require consistent conditions of approval regardless of the property location. The special
exceptions that fall into this category will be allowed by right and some of them will have
specific qualifying provisions. These are detailed in the Planning Commission staff report from
November 18, 2020 (Attachment 3.a.iii).
There are some special exceptions that have generated public input during the process, that the
Planning Division identified as potentially impactful, that the Planning Commission asked for
more detailed information, or that have generated enforcement actions by the city. These special
exceptions are summarized in detail in the Planning Commission staff reports, but briefly
discussed here for reference:
Historic Landmark Commission would retain authority to make modifications to
dimensional requirements through existing processes in 21A.34.020 Historic Preservation
Overlay District.
Ground mounted utility boxes will be required to be on private property when serving
individual developments.
Accessory building heights would be able to increase slightly up to a district specific
maximum with increased setbacks.
Outdoor dining would be permitted with qualifying provisions intended to reduce the
impact when next to residential zoning districts, including a setback from the shared
property line and time limitations for outdoor music.
Front yard parking would be allowed for residential uses only when no other yard is
accessible for parking and there is no option for an attached garage.
Inline additions would be allowed to follow existing building lines in front and rear
yards. In side yards, an inline addition would be allowed to extend an existing wall that
doesnt met setbacks up to 25% of the length of the wall.
In commercial zoning districts, building height would be allowed to be increased by up to
10% if the lot is sloped, the increased height is not creating an additional habitable, upper
level to the building, and at least 50% of the building complies with the height
requirement.
Zoning districts where vintage signs can be used as art are expanding to include the
following zoning districts: CSHBD-2, FB-UN2, FB-UN3, FB-SC, FB-SE, and TSA.
Vintage signs as art is already authorized in the D-1, D-2, D-3, D-4, G-MU, and
CSHBD1 zoning districts.
PUBLIC PROCESS: The proposed changes went through an early engagement process that
included notice to all recognized organizations, notice to AIA Utah, and notice to the Planning
Divisions email list. The official early engagement period started on August 13 and ended on
October 10, 2020. The public information document on this topic that was posted on the
3
Planning Division website was accessed by 147 individuals during this period. Comments were
submitted from the Sugar House Community Council and four individuals. After the early
engagement period several changes were made to the proposal in response to the comments.
These changes included expanding the zoning districts where vintage signs could be placed as
public art, modifying the inline addition regulations to allow minor extensions to buildings walls
that do not meet current side yard setback requirements, and changes to the location of
mechanical equipment when next to driveways, parking areas, or accessory buildings.
As part of the public review process the Planning Division also reviewed zoning complaints to
determine what types of issues are commonly associated with complaints related to special
exceptions. The most common complaint was associated with mechanical equipment and
outdoor dining. The outdoor dining regulations were modified to include a 10-foot setback when
adjacent to a residential zone and hours that music could be played outdoors. Changes to the
mechanical equipment regulations include prohibiting equipment from being placed on the roofs
of accessory buildings and requiring screening when locating in a front or corner side yard.
The Planning Commission held a work session on September 30, 2020 to review the proposal
and provide input. The meeting was held virtually and broadcast on the Citys YouTube
channel, Channel 17 and through the WebEx platform. During the work session, the PC directed
the Planning Division to address the following issues:
1. Front yard parking when there are no other options for off street parking on the site;
2. Extra building height in commercial districts on sloping lots;
3. Inline additions within noncomplying side yards;
4. Ground mounted utility boxes; and
5. Accessory structure building height.
The proposal was modified to address the issues. Front yard parking would be allowed in very
limited situations with specific dimensional requirements; maximum building height in
commercial zoning districts would be allowed up to a 10% increase in building height on sloping
lots and the extra height does not result in the creation of an additional story; inline additions
were limited in scale; ground mounted utility boxes were prohibited in rights of way when
serving only a private development; and up to a 25% increase in accessory building height was
allowed with an equal increase in setback.
The Historic Landmarks Commission held a virtual public hearing on the proposal on November
5, 2020. The meeting was broadcast on the Citys YouTube channel and Channel 17 and
available through the WebEx platform. The public was able to submit comments during the
meeting to a public comment email address that was monitored by staff during the meeting.
One person spoke during the public hearing and discussed the importance that the proposal
maintains the authority of the HLC to modify lot and bulk modifications within local historic
districts and for landmark sites. The HLC adopted a motion recommended that the City Council
adopt the proposal.
The Planning Commission held a virtual public hearing on November 18, 2020. The meeting
was broadcast on the Citys YouTube channel and Channel 17 and available through the WebEx
platform. The public was able to submit comments during the meeting to a public comment
4
email address that was monitored by staff during the meeting. Two people spoke during the
public hearing, one person in favor of the proposal for streamlining approval processes and the
resulting reallocation of staff resources to other city planning needs. Another person discussed
the impact of making more things permitted and the loss of notice associated with that. It should
be noted that notice is only sent to adjacent property owners/occupants and to property owners
directly across the street. Nearly of all special exception requests are approved by staff after the
noticing period ends. The special exceptions that generate the most opposition and are make up
the bulk of denials include requests for extra height for single family homes and over height
fences. These two options are being deleted as part of this proposal and would no longer be
allowed. After discussing these issues, the Planning Commission unanimously adopted a motion
recommending that the City Council adopt the proposal.
It should be noted that this petition has no direct mailing list because the text amendment does
not directly impact specific properties, no property owners or stakeholders indicated that they
would like to receive notice regarding the changes, and no entities have requested direct notice
related to special exceptions.
EXHIBITS:
1. Project Chronology
2. Notice of City Council Public Hearing
3. Planning Commission Meetings
A. November 18, 2020 Public Hearing
i. Agenda and Minutes
ii. Hearing Notice
iii. Staff Report
B. September 30, 2020 Work Session
i. Agenda and Minutes
ii. Staff Report
4. Historic Landmark Commission Meeting November 5, 2020
A. Agenda and Minutes
B. Staff Report
5. Original Petition
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1
SALT LAKE CITY ORDINANCE
No. _____ of 2021
(An ordinance amending various sections of the Title 21A of the Salt Lake City Code
to eliminate special exceptions from that title)
An ordinance amending various sections of Title 21A of the Salt Lake City Code pursuant
to Petition No. PLNPCM2020-00606 to eliminate special exceptions from the city’s zoning
ordinances.
WHEREAS, the Salt Lake City Planning Commission held a public hearing on
November 18, 2020 to consider a petition submitted by Mayor Erin Mendenhall (Petition No.
PLNPCM2020-00606) to amend portions of Chapters 21A.06 (Zoning: Decision Making Bodies
and Officials); 21A.24 (Zoning: Residential Districts); 21A.26 (Zoning: Commercial Districts);
21A.32 (Zoning: Special Purpose Districts); 21A.34 (Zoning: Overlay Districts); 21A.36
(Zoning: General Provisions); 21A.38 (Zoning: Nonconforming Uses and Noncomplying
Structures); 21A.40 (Zoning: Accessory Uses, Buildings and Structures); 21A.44 (Zoning: Off
Street Parking, Mobility and Loading); 21A.46 (Zoning: Signs) 21A.52 (Zoning : Special
Exceptions); 21A.60 (Zoning: Defined Terms); and 21A.62 (Zoning: Definitions) of the Salt
Lake City Code to modify regulations pertaining to off street parking; and
WHEREAS, at its November 18, 2020 meeting, the planning commission voted in favor
of transmitting a positive recommendation to the Salt Lake City Council on said petition; 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:
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SECTION 1. Amending the text of Salt Lake City Code Subsection 21A.06.050.C.6 as
follows:
6. Review and approve or deny certain modifications to dimensional standards for
properties located within an H Historic Preservation Overlay District. This authority is
also granted to the planning director or designee for applications within the H Historic
Preservation Overlay District that are eligible for administrative approval by the planning
director or zoning administrator. The certain modifications to zoning district specific
development standards are listed as follows and are in addition to any modification
authorized elsewhere in this title:
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, except density, of the underlying zoning
district where it is found that the proposal complies with the applicable standards
identified in Section 21A.34.020 and is compatible with the surrounding historic
structures.
SECTION 2. Amending the text of Salt Lake City Code Subsection 21A.24.010.P.2 as
follows:
2. Repealed.
SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.24.010.P.6
(Grade Changes) as follows:
6. Grade Changes: No grading shall be permitted prior to the issuance of a building permit.
The grade of any lot shall not be altered above or below established grade more than 4
feet at any point for the construction of any structure or improvement except:
a. Within the buildable area. Proposals to modify established grade more than 6 feet
shall be permitted for the construction of below grade portions of structures, egress
windows, and building entrances. Grade change transition areas between a yard area
and the buildable area shall be within the buildable area;
b. Within the side and rear yard areas, grade changes greater than 4 feet are permitted
provided:
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(1) The grade change is supported by retaining walls.
(2) No individual retaining wall exceeds 6 feet in height.
c. Within the required front and corner side yards, grade changes up to 6 feet in height
are permitted provided:
(1) The grade change is necessary for driveways accessing legally located parking
areas; and
(2) The grade changes are supported by retaining walls.
SECTION 4. Amending the text of Salt Lake City Code Subsection 21A.24.050.D.6
(Maximum Building Height) as follows:
6. Additional Principal Building Height: Requests for additional building height for
properties located in an H Historic Preservation Overlay District shall be reviewed by the
historic landmark commission which may grant such requests subject to the provisions of
Section 21A.34.020 of this title.
SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.24.060.D.6
(Maximum Building Height) as follows:
6. Additional Principal Building Height: Requests for additional building height for
properties located in an H Historic Preservation Overlay District shall be reviewed by the
historic landmark commission which may grant such requests subject to the provisions of
Section 21A.34.020 of this title.
SECTION 6. Amending the text of Salt Lake City Code Subsection 21A.24.070.D.6
(Maximum Building Height) as follows:
6. Additional Principal Building Height: Requests for additional building height for
properties located in an H Historic Preservation Overlay District shall be reviewed by the
historic landmark commission which may grant such requests subject to the provisions of
Section 21A.34.020 of this title.
SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.24.080.D.6
(Maximum Building Height) as follows:
6. Additional Building Height: Additional Principal Building Height: Requests for
additional building height for properties located in an H Historic Preservation Overlay
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District shall be reviewed by the historic landmark commission which may grant such
requests subject to the provisions of Section 21A.34.020 of this title.
SECTION 8. Amending the text of Salt Lake City Code Subsection 21A.24.100.D.6
(Maximum Building Height) as follows:
6. Additional Principal Building Height: Requests for additional building height for
properties located in an H Historic Preservation Overlay District shall be reviewed by the
historic landmark commission which may grant such requests subject to the provisions of
Section 21A.34.020 of this title.
SECTION 9. Amending the text of Salt Lake City Code Subsection 21A.24.110.D.6
(Maximum Building Height) as follows:
6. Additional Principal Building Height: Requests for additional building height for
properties located in an H Historic Preservation Overlay District shall be reviewed by the
historic landmark commission which may grant such requests subject to the provisions of
Section 21A.34.020 of this title.
SECTION 10. Amending the text of Salt Lake City Code Subsection 21A.26.010.J
(Modifications to Maximum Height) as follows:
J. Modifications to Maximum Height: The maximum height of buildings in commercial
zoning districts may be increased up to 10% on any building face due to the natural
topography of the site pursuant to the following standards:
1. At least 50% of the building complies with the maximum height of the underlying
zoning district;
2. The modification allows the upper floor of a building to be level with the portion of
the building that complies with the maximum building height of the zone without the
10% modification; and
3. The height of the ground floor is at least 12 feet in height measured from finished
floor to finished ceiling height.
SECTION 11. Amending the text of Salt Lake City Code Subsection 21A.32.100.D.3 as
follows:
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3. Recreation equipment heights are permitted to a height not to exceed 80 feet when
needed due to the nature of the equipment or for the use to operate safely, such as fences
surrounding golf course driving ranges.
SECTION 12. Amending to the text of Salt Lake City Code Subsection 21A.32.100.D as
follows:
D. Maximum Building and Recreation Equipment Height:
1. Lots 4 acres or less: Building height shall be limited to 35 feet; provided that for each
foot of height in excess of 20 feet, each required yard and landscaped yard shall be
increased one foot.
2. Lots greater than 4 acres: Building heights in excess of 35 feet but not more than 45
feet may be permitted provided, that for each foot of height over 35 feet, each
required yard and landscaped yard shall be increased one foot. Building heights in
excess of 45 feet up to 60 feet may be approved through the design review process
and that for each foot of height over 35 feet, each required yard and landscaped yard
shall be increased one foot.
3. Recreation equipment heights or heights for buildings or structures for the Salt Lake
City Public Utilities Department that are not specifically exempt in
Section 21A.02.050 of this title, in excess of 60 feet may be approved through the
special exception process.
4. Heights for buildings or structures for the Salt Lake City Public Utilities Department
that are not specifically exempt in Section 21A.02.050 of this title, are exempt from
the height restrictions in this zoning district provided the building or structure is
deemed by the director of the public utilities department as critical infrastructure
necessary to provide specific utility needs to the public.
SECTION 13. Amending the text of Salt Lake City Code Subsection 21A.32.100.H
(Lighting) as follows:
H. Lighting: All uses and developments that provide lighting shall ensure that lighting
installations comply with the following standards:
1. Lighting is installed in a manner and location that will not have an adverse impact on
the natural environment when placed in areas with wildlife habitat, traffic safety or on
surrounding properties and uses;
2. Light sources shall be shielded to eliminate excessive glare or light into adjacent
properties and have cutoffs to protect the view of the night sky; and
3. Light poles for outdoor uses, such as sports fields, amphitheaters, and other similar
uses may be permitted up to 70 feet in height provided the lights are located a
6
minimum of 30 feet from a residential use and directed to reduce light trespass onto
neighboring properties.
SECTION 14. Amending the text of Salt Lake City Code Subsection 21A.34.120.G
(Special Exception for Garages) as follows:
G. Garages Built into Hillsides in Front or Corner Side Yards: A garage built into a hillside
and located forward of the front line of the building may be allowed subject to the
following standards:
1. The rear and side yards cannot be reasonably accessed for the purpose of parking.
2. Because of the topography of the lot it is impossible to construct a garage and satisfy
the standards of the YCI.
3. The ceiling elevation of the garage is below the elevation of the first or main floor of
the house.
4. The garage meets all applicable yard requirements.
SECTION 15. Amending text of Salt Lake City Code Subsection Table 21A.36.020.B
(Obstructions in Required Yards) as follows (only the identified rows and columns in the table
are amended):
TABLE 21A.36.020B
OBSTRUCTIONS IN REQUIRED YARDS1
Type Oof Structure Oor Use Obstruction Front
and
Corner
Side
Yards
Side
Yard
Rear
Yard
Below grade encroachments underground obstructions when there is no
exterior evidence of the underground structure other than entrances and
required venting provided there are no conflicts with any easements or
publicly owned infrastructure or utilities.
X X X
Changes of established grade of 4 feet or less except for the FP and FR
Districts which shall be subject to the provisions of Subsection
21A.24.010.P of this title. (All grade changes located on a property line
shall be supported by a retaining wall.)
Grade changes greater than 4 feet in height provided the grade change
includes a retaining wall, a horizontal step that is a minimum of 3 feet in
depth is provided for every 4 vertical feet of retaining wall.
X X X
7
Laundry drying equipment (clothesline and poles) X X X
Window mounted refrigerated air conditioners and evaporative “swamp”
coolers located at least 2 feet from the property line.
X X X
Notes:
1. ”X” denotes where obstructions are allowed.
2. Reserved.
3. The accessory structure shall be located wholly behind the primary structure on the property.
SECTION 16. Amending the text of Salt Lake City Code Subsection
21A.36.350.A.3.c.(3) as follows:
(3) A decorative masonry wall that is a minimum of 6 feet high shall be provided along all
interior side and rear lot lines and that complies with all required site distance triangles at
driveways and walkways. Walls in excess of 6 feet may be required as a condition of
approval of a conditional use if it determines a taller wall is necessary to mitigate a
detrimental impact created by the homeless resource center or homeless shelter;
SECTION 17. Amending the text of Salt Lake City Code Subsection 21A.38.040.H.2
(Enlargement of a Structure With a Nonconforming Use) as follows:
2. Enlargement of a Nonconforming Use: Enlargement of a legal nonconforming use are
limited to a one time expansion of up to 25% of the gross floor area, or 1,000 gross
square feet, whichever is less and subject to the site being able to provide required off
street parking that complies with any applicable parking requirement of this title. An
approved expansion shall be documented through an updated zoning certificate for the
property. Any expansion to the nonconforming use beyond these limits is not permitted.
The expansion shall be limited to a one-time expansion after April 12, 1995, the effective
date of this title. Any expansion granted as a special exception after April 12, 1995 shall
be considered as fulfilling the one-time expansion.
SECTION 18. Amending the text of Salt Lake City Code Subsection 21A.38.050.B
(Enlargement) as follows:
B. Enlargement: A noncomplying structure may be enlarged if such enlargement and its
location comply with the standards of the zoning district in which it is located or as
provided in this section.
1. Noncomplying as to setbacks.
8
a. Front yard: A principal building with a front yard setback that is less than the
minimum required may be enlarged provided the addition does not further reduce
the existing front yard setback and complies with all other applicable
requirements of Title 21A.
b. Corner side yards: A principal building with a corner side yard setback that is
less than the minimum required may be enlarged provided the addition does not
further reduce the existing corner side yard setback and complies with all other
applicable requirements of Title 21A.
c. Interior side yards: Additions to a principal structure with noncomplying side
yard setback(s) are permitted as follows:
(1) Single story additions are permitted to follow the existing setback line
provided the following standards are complied with:
i. The exterior wall height of the addition is equal to or less than the exterior
wall height of the existing building. When a cross slope exists along the
exterior wall, the interior floor to ceiling height of the addition shall match
the interior floor to ceiling height of the existing building.
ii. The addition may extend the noncomplying exterior wall of the building
up to 20% of the length of the existing wall. This shall be a one-time
addition and no further additions are permitted.
(2) Two story or greater additions shall comply with the side yard setback
requirement(s) and maximum wall height as specified in the underlying zone.
(3) In determining if a side yard is noncomplying, the narrower of the two side
yards shall be interpreted to be the narrower side yard required in the
underlying zoning district.
(4) All other provisions of the underlying zoning district and any applicable
overlay zoning district shall apply.
d. Rear yards. A principal building noncomplying to rear yard setbacks may be
expanded provided the expansion follows an existing noncomplying building wall
and does not result in a decrease of the existing rear yard setback and complies
with side and corner side yard setbacks of the underlying zoning district. If the
building does not comply with the existing side or corner side yard setback, the
expansion shall be permitted to extend to the side or corner side yard setback of
the underlying zone.
2. Noncomplying as to Height: A principal structure that exceeds the maximum height
of the underlying zoning district may be expanded at the existing height of the
building provided the setbacks of the underlying zoning district are complied with.
9
SECTION 19. Amending the text of Salt Lake City Code Subsection 21A.38.050.F
(Replacement or Reconstruction of a Noncomplying Structure) as follows:
F. The replacement or reconstruction of any existing noncomplying portion of a principal
structure or full replacement of a noncomplying accessory structure is permitted provided
the replacement is in the same location or in a location that reduces the degree of
noncompliance and is of substantially the same dimension. Enlarging a full replacement
of a noncomplying accessory structure is permitted provided the enlarged section
complies with all setback, height, maximum square feet, and lot or yard coverage
requirements.
SECTION 20. Amending the text of Salt Lake City Code Section 21A.38.060
(Noncomplying Lots) as follows:
21A.38.060: NONCOMPLYING LOTS:
Subdividing Lots Containing Two or More Separate Principal Buildings: Lots that contain
two or more separate principal buildings on a single parcel may be subdivided to place each
structure on a separate lot subject to the following provisions:
A. The properties shall be subdivided by recording of a plat.
B. The proposed lots are exempt from the minimum lot area, lot width, lot coverage, and
street frontage requirements of the underlying zoning district;
C. The proposed setbacks shall be reviewed and approved by the Planning Director after
consultation with applicable city departments;
D. The proposed subdivision plat shall identify the front, corner side, interior side, and
rear yards for the purpose of future development.
E. Parking may be located anywhere within the proposed subdivision except front yards
(unless already existing) and shall not be reduced below the existing off-street
parking
F. All lots that are part of the subdivision must include adequate access to a public
street. Adequate access shall include pedestrian walkways and when off-street
parking is required, vehicle access and parking.
G. All necessary easements for access and utilities are shown on the plat. A note shall
be added to indicate responsibility for maintenance of shared access and utilities.
H. All other applicable regulations of the Salt Lake City Code shall apply.
A lot that is noncomplying as to lot area or lot frontage that was in legal existence on the
effective date of any amendment to this title that makes the existing lot noncomplying shall
be considered a legal complying lot and is subject to the regulations of this title. Any
noncomplying lot not approved by the city that was created prior to January 13, 1950, may be
approved as a legal noncomplying lot subject to the lot meeting minimum zoning
10
requirements at the time the lot was created and documented through an updated zoning
certificate for the property.
Any noncomplying lot not approved by the city that was created on or between January 13,
1950 to April 12, 1995, may be approved as a legal noncomplying lot subject to the lot
meeting minimum zoning and subdivision requirements at the time the lot was created and
documented through an updated zoning certificate for the property.
Noncomplying lots may be combined to create a conforming lot or more conforming lot
subject to any maximum lot size standards of the zoning district in which the lot is located.
SECTION 21. Amending the text of Salt Lake City Code Section 21A.38.070 (Legal
Conforming Single-Family Detached Dwelling, Two-Family Dwellings, and Twin Homes) as
follows:
Any legally existing single-family detached dwelling, two-family dwelling, or twin home
shall be considered legal conforming. Legal conforming status shall authorize replacement of
the single-family detached dwelling, two-family dwelling, or twin home structure to the
extent of the original footprint.
A. Alterations, Additions or Extensions or Replacement Structures Greater Than the
Original Footprint: In zoning districts which do not allow detached single-family
dwelling units, two-family dwelling units or twin homes, any alterations,
extensions/additions or the replacement of the structure may exceed the original footprint
by 25% of the existing structure subject to the following standards:
1. Any alterations, extensions/additions or the replacement structure shall not project
into a required yard beyond any encroachment established by the structure being
replaced.
2. All replacement structures in nonresidential zones are subject to the provisions of
Section 21A.36.190, “Residential Building Standards for Legal Conforming Single-
Family Detached Dwellings, Two-Family Dwellings and Twin Homes in
Nonresidential Zoning Districts”, of this title.
B. Off Street Parking: When replacing a legal conforming single- family detached dwelling,
two-family dwelling or twin home, the number of new parking stalls provided shall be
equal to or more than the number of parking stalls being replaced. The maximum number
of outdoor parking stalls shall be 4 parking stalls per dwelling unit
SECTION 22. Adopting a new Section 21A.38.075 (Unit Legalizations) to the text of the
Salt Lake City Code as follows:
11
21A.38.075: UNIT LEGALIZATIONS:
A. Purpose: The purpose of this subsection is to implement the existing Salt Lake City
community housing plan by providing a process that gives owners of property with one
or more excess dwelling units not recognized by the city an opportunity to legalize such
units based on the standards set forth in this section. The intent is to maintain existing
housing stock in a safe manner that contributes to the vitality and sustainability of
neighborhoods within the city.
B. Review Standards: A dwelling unit that is proposed to be legalized pursuant to this
section shall comply with the following standards:
1. The dwelling unit existed prior to April 12, 1995. In order to determine whether a
dwelling unit was in existence prior to April 12, 1995, the unit owner shall provide
documentation thereof which may include any of the following:
a. Copies of lease or rental agreements, lease or rent payments, or other similar
documentation showing a transaction between the unit owner and tenants;
b. Evidence indicating that prior to April 12, 1995, the city issued a building permit,
business license, zoning certificate, or other permit relating to the dwelling unit in
question;
c. Utility records indicating existence of a dwelling unit;
d. Historic surveys recognized by the planning director as being performed by a
trained professional in historic preservation;
e. Notarized affidavits from a previous owner, tenant, or neighbor;
f. Polk, Cole, or phone directories that indicate existence of the dwelling unit (but
not necessarily that the unit was occupied); or
g. Any other documentation that the owner is willing to place into a public record
which indicates the existence of the excess unit prior to April 12, 1995.
2. The excess unit has been maintained as a separate dwelling unit since April 12, 1995.
In order to determine if a unit has been maintained as a separate dwelling unit, the
following may be considered:
a. Evidence listed in Subsection B.1 of this section indicates that the unit has
been occupied at least once every 5 calendar years;
b. Evidence that the unit was marketed for occupancy if the unit was unoccupied
for more than 5 consecutive years;
c. If evidence of maintaining a separate dwelling unit as required by Subsection
B.1 of this section cannot be established, documentation of construction
upgrades may be provided in lieu thereof.
d. Any documentation that the owner is willing to place into a public record
which provides evidence that the unit was referenced as a separate dwelling
unit at least once every 5 years.
12
C. Conditions of Approval: Any approved unit legalization shall be subject to the following
conditions:
1. The unit owner shall allow the city’s building official or designee to inspect the
dwelling unit to determine whether the unit substantially complies with basic life
safety requirements as provided in Title 18, Chapter 18.50, “Existing Residential
Housing”, of this code.
2. All required corrections indicated during the inspection process must be completed
within 1 year unless granted an extension by the Building Official.
D. Application: A determination of non-conforming use application, provided by the zoning
administrator, shall be required to legalize unrecognized dwelling units.
SECTION 23. Amending the text of Salt Lake City Code Section 21A.40.040 “Use
Limitations” as follows:
21A.40.040: USE LIMITATIONS:
In addition to the applicable use limitations of the district regulations, no accessory use shall
be permitted unless it complies with the restrictions set forth below:
A. An accessory use shall be incidental and subordinate to the principal use or structure
in area, extent and purpose;
B. An accessory use, building or structure shall be under the same ownership or control
as the principal use or structure, and shall be, except as otherwise expressly
authorized by the provisions of this title, located on the same lot as the principal use
or structure;
C. No accessory use shall be established or constructed before the principal use is in
operation or the structure is under construction in accordance with these regulations;
D. No commercial sign, except as expressly authorized by this chapter or by the
provisions of Chapter 21A.46 of this title, shall be maintained in connection with an
accessory use or structure.
E. An accessory use shall be permitted if it is routinely and customarily associated with
the principal use and not otherwise prohibited by this title. For residential uses, this
includes accessory uses that are customarily associated with a dwelling, such as home
office, outdoor living space, pool houses, storage, personal use, hobbies, and other
similar uses but does not include short term rentals or other uses not allowed in the
zoning district.
SECTION 24. Amending the text of Salt Lake City Code Subsection 21A.40.050.A as
follows:
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A. Location of Accessory Buildings in Required Yards:
1. Front Yards: Accessory buildings are prohibited in any required front yard and shall
be set back at least as far as the principal building when the principal building
exceeds the required front yard setback. Notwithstanding the foregoing, hoop houses
and cold frame structures up to 24 inches in height may be placed in a front yard.
2. Corner Lots: No accessory building on a corner lot shall be closer to the street than
the distance required for corner side yards. At no time, however, shall an accessory
building be closer than 20 feet to a public sidewalk or public pedestrianway and the
accessory building shall be set back at least as far as the principal building.
Notwithstanding the foregoing, hoop houses and cold frame structures up to 24 inches
in height may be placed in a corner side yard.
3. Side Yards: Accessory buildings are prohibited in any required interior side yard;
however, hoop houses, greenhouses, and cold frame structures associated solely with
growing food and/or plants are allowed in an interior side yard but no closer than one
foot to the corresponding lot line. If an addition to residential buildings results in an
existing accessory building being located in a side yard, the existing accessory
building shall be permitted to remain, subject to maintaining a 4 foot separation from
the side of the accessory building to the side of the residential building, as required in
Subsection A.4.b of this section.
4. Rear Yards: Location of accessory buildings in a rear yard shall be as follows:
a. In residential districts, no accessory building shall be closer than one foot to a side
or rear lot line except when sharing a common wall with an accessory building on
an adjacent lot. In nonresidential districts, buildings may be built to side or rear
lot lines in rear yards, provided the building complies with all applicable
requirements of the adopted building code.
b. No portion of the accessory building shall be built closer than 4 feet to any
portion of the principal building; excluding cold frames associated solely with
growing food and/or plants.
c. Garages on 2 or more properties that are intended to provide accessory building
use for the primary occupants of the properties, in which the garage is located,
may be constructed in the rear yards, as a single structure subject to compliance
with adopted building code regulations and the size limits for accessory buildings
on each property as indicated herein.
5. Accessory or Principal Lot: No portion of an accessory building on either an
accessory or principal lot may be built closer than 10 feet to any portion of a principal
residential building on an adjacent lot when that adjacent lot is in a residential zoning
district; excluding hoop houses, greenhouses, and cold frames associated solely with
growing food and/or plants.
6. Double Frontage Lots: Accessory structures and buildings located on a property
where both the front and rear yards have frontage on a street may be located in a front
yard provided the accessory building or structure:
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a. Is located in a provided yard that is directly opposite the front yard where the
primary entrance to the principal building is located;
b. Is in a location that is consistent with other accessory building locations on the
block;
c. Complies with any clear view triangle requirements of this title; and
d. Complies with all other accessory building and structure requirements of this title.
SECTION 25. Amending the text of Salt Lake City Code Subsection 21A.40.050.C
(Maximum Height of Accessory Structures) as follows:
C. Maximum Height of Accessory Buildings/Structures:
1. Accessory to Residential Uses in the FP District, RMF Districts, RB, R-MU Districts,
SNB and the RO District: The height of accessory buildings/structures in residential
districts are measured from established grade to the highest point of the accessory
building and shall conform to the following:
a. The height of accessory structures with flat roofs shall not exceed 12 feet. The
height of flat roof structures may be increased up to 75% of the height of the
principal structure, not to exceed 15 feet provided the setbacks increases one foot
for every one foot of building height above 12 feet.
b. The height of accessory structures with pitched roofs shall not exceed 17 feet
measured to the midpoint of the roof. The height of pitched roof structures may
be increased up to 75% of the height of the principal structure, not exceed 15 feet
provided the setbacks increase one foot for every one foot of structure height
above 17 feet.
2. Accessory to Residential Uses in the FR, R-1 Districts, R-2 District and SR Districts:
The height of accessory buildings/structures in the FR districts, R-1 districts, R-2
district and SR districts are measured from established grade to the highest point of
the accessory structure and shall conform to the following:
a. The height of accessory structures with flat roofs shall not exceed 12 feet; 9 feet
in the SR-1A zoning district. The height of flat roof structures may be increased
up to 75% of the height of the principal structure, not to exceed 15 feet or 11 feet
in the SR-1A zoning district provided the setbacks are increased one foot for
every one foot of building height above 12 feet or 9 feet in the SR-1A zoning
district.
b. The height of accessory structures with pitched roofs shall not exceed 17 feet at
any given point of building coverage. In the SR-1A zoning district the height of
accessory structures with pitched roofs shall not exceed 14 feet. The height of
pitched roof structures may be increased up to 75% of the height of the principal
structure, not to exceed 21 feet or 15 feet in the SR-1A zoning district provided
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the setbacks are increased one foot for every one foot of building height above 17
feet or 15 feet in the SR-1A zoning district.
SECTION 26. Amending the text of Salt Lake City Code Section 21A.40.065 (Outdoor
Dining) as follows:
21A.40.065: OUTDOOR DINING:
“Outdoor dining”, as defined in Chapter 21A.62 of this title, shall be allowed in any zoning
districts where restaurant and retail uses are allowed subject to the provisions of this section:
A. Where allowed:
1. Within the buildable lot area;
2. Within a required or provided front or corner side yard;
3. Within a required side yard provided: the outdoor dining is setback a minimum of
10 feet when adjacent to a residential zoning district that does not permit
restaurants or retail uses. Properties separated by an alley are not considered
adjacent for the purpose of this section.
4. Within a required rear yard provided the outdoor dining is setback a minimum of
10 feet when adjacent to a residential zoning district that does not permit
restaurants or retail uses. Properties separated by an alley are not considered
adjacent for the purpose of this section.
5. Within a public right of way or an adjacent public property subject to all
applicable lease agreements, applicable regulations, and the outdoor dining design
guidelines.
B. All outdoor dining shall be subject to the following conditions:
1. All applicable requirements of Chapter 21A.48 and Section 21A.36.020 of this
title are met.
2. All required business, health and other regulatory licenses for the outdoor dining
have been secured.
3.A detailed site plan demonstrating the following:
a. All the proposed outdoor dining activities will be conducted on private
property owned or otherwise controlled by the applicant and that none of the
activities will occur on any publicly owned rights-of-way unless separate
approval for the use of any such public rights-of-way has been obtained from
the city;
b. The main entry has a control point as required by state liquor laws.
4. The proposed outdoor dining complies with all conditions pertaining to any
existing variances, conditional uses or other approvals granted for property.
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5. Live music will not be performed, nor loudspeakers played in the outdoor dining
area unless the decibel level is within conformance with the Salt Lake City noise
control ordinance, Title 9, Chapter 9.28 of this code. Live music and loudspeakers
are prohibited outside between the hours of 9:00 pm and 9:00 am when the
property is adjacent to a residential zoning district.
6. Outdoor dining shall be by considered an expansion of the use for the purpose of
determining if additional parking is required as stated in Chapter 21A.44
(Parking).
7. Smoking shall be prohibited within the outdoor dining area and within 25 feet of
the outdoor dining area.
SECTION 27. Amending the text of Salt Lake City Code Subsection 21A.40.090.D
(Amateur Radio Facilities With Surface Area Exceeding Ten Square Feet) as follows:
D. Amateur Radio Facilities With Surface Area Exceeding 10 Square Feet: Any antenna and
antenna support having a combined surface area greater than 10 square feet or having any
single dimension exceeding 12 feet that is capable of transmitting as well as receiving
signals and is licensed by the Federal Communications Commission as an amateur radio
facility shall be permitted as an accessory use, but only in compliance with the
regulations set forth below:
1. Number Limited: No more than one such antenna or antenna support structure with a
surface area greater than 10 square feet or any single dimension exceeding 12 feet
may be located on any lot.
2. Height Limited: No such antenna and its support structure shall, if ground mounted,
exceed 75 feet in height or, if attached to a building pursuant to Subsection D.3 of this
section, the height therein specified.
3. Attachment to Buildings Limited: No such antenna or its support structure shall be
attached to a principal or accessory structure unless all of the following conditions are
satisfied:
a. Height: The antenna and its support structure shall not extend more than 20 feet
above the highest point of the building on which it is mounted.
b. Mounting: The antenna and its support structure shall not be attached to or
mounted upon any building appurtenance, such as a chimney. The antenna and its
support structure shall not be mounted or attached to the front or corner side of
any principal building facing a street, including any portion of the building roof
facing any street. The antenna and its support structure shall be designed to
withstand a wind force of 80 miles per hour without the use of supporting
guywires.
c. Grounding: The antenna and its support structure shall be bonded to a grounding
rod.
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SECTION 28. Amending the text of Salt Lake City Code Subsection 21A.40.090.E.3.b
(Electrical Equipment Located on Private Property) as follows:
b. Electrical Equipment Located on Private Property: Electrical equipment shall be subject
to the following standards:
(1) Located in a rear yard, interior side yard, or within the building area of the lot.
(2) If located in a zoning district without a require front or corner side yard setback, the
equipment shall be located a minimum of 10 feet from the front or corner side yard
property line.
(3) Located a minimum of 4 feet from a side or rear property line unless located in an
enclosed structure or a vault where the equipment will not be visible.
(4) If the equipment is located next to a public trail, park, open space, or other public
space other than a street, the equipment shall be screened by a masonry wall or solid
fence so the equipment is not visible.
(5) The electrical equipment and any structure associated with the electrical equipment is
subject to the maximum lot coverage of the underlying zoning district.
SECTION 29. Amending Section 21A.40.100 (Mechanical Equipment) to the text of
Salt Lake City Code as follows:
21A.40.100: LOCATION OF MECHNICAL EQUIPMENT:
All mechanical equipment shall be located as follows:
A. Front and Corner Side Yards and Double Frontage Lots: Only allowed if located
within 4 feet of the principal building and screened by vegetation, a solid wall or
fence so the equipment is not visible and at least 10 feet from the front and corner
side yard property lines.
B. Side Yards: At least 4 feet from a side property line. If the equipment is adjacent to a
driveway, parking stall, or accessory structure on an adjacent parcel, the setback may
be reduced to 2 feet.
C. Rear Yards: at least 4 feet from a rear property line. If the equipment is adjacent to a
driveway, parking stall, or accessory structure on an adjacent parcel, the setback may
be reduced to two feet.
D. Prohibited Areas: in addition to the yard requirements above, mechanical equipment
is prohibited to be located on the roof of an accessory structure, with the exception of
exhaust fans and mechanical vents serving the accessory building in which case the
fans or vents shall be at least 10 feet from a property line.
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SECTION 30. Amending the text of Salt Lake City Code Subsection 21A.40.120.I
(Barbed Wire Fences) as follows:
I. Barbed Wire Fences:
Permitted Use: Barbed wire fencing is allowed as a permitted use in the following
instances:
1. AG, AG-2, AG-5, AG-20, A, CG, M-1, and M-2 districts and to secure critical
infrastructure located in any other zoning district not listed subject to the following
requirements. Critical infrastructure includes sites that are necessary to protect the
facility or site for the purpose of public health and safety. Barbed wire is also
permitted to secure construction sites and sites where construction is pending
provided it is removed once construction is complete.
2. Barbed wire fences shall be subject to the following provisions:
a. Not allowed in a provided or required front yard.
b. The barbed wire is permitted to exceed the maximum fence height.
c. No strand of barbed wire shall be permitted less than 7 feet in height above the
ground except for agricultural purposes provided the barbed wire is vertically
aligned.
d. No more than 3 strands of barbed wire are permitted.
e. The barbed wire strands shall not slant outward from the fence more than 60
degrees from a vertical line.
f. All barbed wire shall be setback a minimum of 3 feet from public property.
g. The barbed wire is not located along a property line shared with a residential use
when the subject property is in a CG zoning district.
SECTION 31. Amending the text of Salt Lake City Code Subsection 21A.40.120.J
(Razor Wire Fences) as follows:
J. Razor Wire Fences:
Razor wire fencing is allowed as a permitted use in the M-1, M-2 and EI zoning districts
and to secure critical infrastructure structures and sites located in any other zoning district
subject to the following requirements. Critical infrastructure includes sites that are
necessary to protect the facility or site for the purpose of public health and safety.
1. Razor wire is not allowed in a provided or required front or corner side yard.
2. Razor wire is permitted to exceed the maximum fence height to a height necessary to
reasonably secure the site.
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3. No strand of razor wire shall be permitted on a fence that is less than 7 feet high.
Razor wire coils shall not exceed 18 inches in diameter and must slant inward from
the fence to which the razor wire is being attached.
4. All razor wire shall be setback a minimum of 3 feet from public property in zoning
districts that do not have a minimum setback.
SECTION 32. Amending the text of Salt Lake City Code Subsection 21A.40.120.L
(Electric Security Fences) as follows:
L. Electric Security Fences:
1. Permitted Use: Electric security fences are allowed as a permitted use in the M-1 and
M-2 zones. Electric security fences on parcels or lots that abut a residential zone are
prohibited.
2. Location Requirements: Electric security fences shall not be allowed in required front
yard setbacks or on frontages adjacent to residentially zoned properties.
3. Compliance With Adopted Building Codes: Electric security fences shall be
constructed or installed in conformance with all applicable construction codes.
4. Perimeter Fence or Wall: No electric security fence shall be installed or used unless it
is fully enclosed by a nonelectrical fence or wall that is not less than 6 feet in height.
There shall be at least one foot of spacing between the electric security fence and the
perimeter fence or wall.
5. Staging Area: All entries to a site shall have a buffer area that allows on site staging
prior to passing the perimeter barrier. The site shall be large enough to accommodate
a vehicle completely outside of the public right of way.
6. Height: Electric security fences shall have a maximum height of 10 feet.
7. Warning Signs: Electric security fences shall be clearly identified with warning signs
that read: “Warning-Electric Fence” at intervals of not greater than 60 feet. Signs
shall comply with requirements in Chapter 21A.46, “Signs”, of this title.
8. Security Box: Electric security fences shall have a small, wall mounted safe or box
that holds building keys for police, firefighters and EMTs to retrieve in emergencies.
SECTION 33. Amending the text of Salt Lake City Code Section 21A.40.130 (Access
for Persons with Disabilities) as follows:
21A.40.130: ACCESS FOR PERSONS WITH DISABILITIES:
Building permits for an uncovered vertical wheelchair lift, or for an uncovered access ramp,
for persons with disabilities, under 4 feet in height, or any other form of uncovered access,
for persons with disabilities, under 4 feet in height, that encroaches into required yard areas,
may be approved by the zoning administrator as a permitted accessory structure. Covered
ramps or other access structures for persons with disabilities that encroach into required yard
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areas, shall be considered as a reasonable accommodation under applicable federal
regulations.
SECTION 34. Amending the text of Salt Lake City Code Section 21A.40.160 (Ground
Mounted Utility Boxes) as follows:
21A.40.160: GROUND MOUNTED UTILITY BOXES:
A. Purpose: Utility infrastructure provides a necessary service to the community. The
regulations of this section are intended to allow for ground mounted utility boxes while
reducing the negative impacts they may create.
B. Compliance With Regulations Required: All ground mounted utility boxes shall be
subject to the regulations of this section and any applicable requirement in Title 21A,
unless exempted within Section 21A.02.050 of this title and any applicable adopted code
and regulation. The location and access for maintenance of all required utility
infrastructure is subject to approval by the utility provider and complying with all
applicable adopted codes and regulations. No construction shall be undertaken without
the applicable city permits and public way permits.
C. Location: Ground mounted utility boxes shall be located as required by this section.
1. On the subject parcel or an adjacent parcel when part of new construction or as an
addition to an existing building that requires additional utility service subject to the
following standards:
a. Rear and Side Yards: the ground mounted utility box shall be located a minimum
of one foot from a side or rear property line.
b. Front and Corner Side Yards: The ground mounted utility box shall be located
within 5 feet of the building façade when located in required or provided front or
corner side yard and at least one foot from a front or corner side yard property
line. Utility boxes in a front or corner side yard shall be screened by a wall, fence,
or hedge of at least equal height not to exceed the maximum height for a wall or
fence allowed in the applicable yard.
c. Ground mounted utility box(es) may be placed in a required landscaped yard if
screened by a wall, fence or hedge of at least equal height not to exceed the
maximum height for a wall or fence allowed in the applicable yard.
d. If proposed on an adjacent parcel, an easement shall be provided for the utility
boxes and associated equipment along with consent from the owner of the
adjacent parcel.
2. In a public right of way if each of the following criteria are satisfied:
a. There is an existing building on the subject property that is located in a manner
that prohibits the placement of required utility infrastructure on the property;
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b. There is no existing front yard, corner side yard, interior side yard, or rear yard of
sufficient size to accommodate ground mounted utility box(es) and access for
maintenance, as required by the utility provider, of the box(es) within the yard. A
right of way may be used to accommodate necessary working space;
c. There is not an alley adjacent to the subject property that provides sufficient
access as required by the utility provider to a yard of sufficient size to
accommodate ground mounted utility box(es). If the alley is not a public alley,
necessary permissions and easements must be provided;
d. The existing utilities are not being relocated to support an expansion of the use or
building or for any new use or accessory use on the property;
e. The ground mounted utility box will not negatively impact any existing or
planned public improvement within the right of way;
f. The ground mounted utility box is located at least 10 feet away from any tree in
the right of way;
g. The ground mounted utility box(es) comply with all requirements of Chapter
14.32 or its successor; and
h. The applicant has provided to the city and the utility provider the dimensions and
space requirements necessary for the utility needs, as determined by the utility
provider, of the proposed development.
3. In a public right of way when the ground mounted utility box is necessary to provide
utility service to the broader neighborhood, the location is consistent with any legal
agreement between the utility provider and the city, and the proposed utility box
complies with all applicable regulations.
4. The city engineer may issue a permit for the installation of a ground mounted utility
box in the public right of way in accordance with standards set forth in this section
and Title 14,Chapter 14.32 of this code.
D. Materials: All ground mounted utility boxes shall consist of high quality material such as
stainless steel or other durable painted or colored material. The finish shall be a neutral
color such as dark or light green, beige or gray or color similar to utility boxes within the
vicinity and coated with a graffiti resistant treatment.
E. Post installation Obligations: All ground mounted utility boxes and any related screening
materials shall remain the service provider’s responsibility to keep in a state of good
visual quality and repair.
1. Franchise Agreements: Permitted and installed ground mounted utility boxes shall
also comply with all conditions as set forth in the service provider’s/owner’s
franchise agreement with the city. If the terms of any franchise agreement conflict
with the provisions of this title, the ordinance regulations shall prevail and govern.
2. Discontinued Use: If the service provider/owner of a ground mounted utility box in
the public right of way discontinues the use or has no defined need for said box, it is
that service provider’s/owner’s sole responsibility to remove the box and all
associated conduit and wiring at its own expense in compliance with all engineering
division requirements.
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3. Required Contact Information: A service provider shall place a permanent notice on
the box containing the service provider’s name and telephone number for the purpose
of notification in the event of graffiti or damages to the equipment.
4. Maintenance: A service provider shall be solely responsible for maintaining ground
mounted utility box sites in reasonably good repair in a clean, safe and level
condition. “Level condition” shall mean not tilting greater than 15° from plumb. A
service provider shall repair any damage to a ground mounted utility box within 72
hours after discovering or being notified of such damage to a box.
SECTION 35. Amending the text of Salt Lake City Code Section 21A.44.090
Modification to Parking Areas as follows:
21A.44.090: MODIFICATIONS TO PARKING AREAS:
Applicants requesting development permits or approvals may request adjustments to the
standards and requirements in this Chapter 21A.44: Off Street Parking, Mobility, and
Loading, and the city may approve adjustments to those standards, as described below.
A. Authority to Approve Modifications:
The planning director or transportation director may approve the following types of
modifications provided that the Director determines that the adjustment will not
create adverse impacts on pedestrian, bicycle, or vehicle safety and that the
adjustment is required due to the nature of the site and the surrounding context (such
as shape, topography, utilities, or access point constraints) and that the need for the
adjustment has not been created by the actions of the applicant.
B. Authorized Modifications:
1. Modification to dimensions or geometries of parking, loading, or stacking space,
aisles, or maneuvering areas otherwise required by this chapter, other City
regulations, or the Off Street Parking Standards Manual; provided that those
modifications are consistent with federal and state laws regarding persons with
disabilities, including but not limited to the Americans with Disabilities Act.
2. Modifications to bicycle parking or loading berth location or design standards.
3. Front Yard Parking:
a. The lot contains an existing residential building.
b. No other off-street parking exists on the site.
c. No provided side yard is greater than 8 feet. If greater than 8 feet, no tree over
6 inches in caliper is present in the side yard that would necessitate the
removal of the tree to locate a parking stall in the side yard or rear yard.
d. The rear yard does not have frontage on a public street or public alley and the
property does not have access rights across an adjacent private street or alley.
e. The front yard parking complies with the following standards:
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(1) The front yard parking is limited to no wider than 10 feet in width and is a
minimum depth of 20 feet.
(2) The front yard parking is accessed by an approved drive approach.
(3) The location of the front yard parking is placed within 10 feet of a side lot
line or for corner properties, may also be within 10 feet of a rear lot line
and is consistent with the location of other driveways on the block face.
(1) Parking is restricted to passenger vehicles only.
4. Vehicle and Equipment Storage Without Hard Surfacing:
a. The property is located in a CG, M-1, M-2, or EI zoning district
b. The lot is used for long term vehicle storage, not for regular parking and/or
maneuvering.
b. The storage areas are not located within any required front yard or corner side
yard.
c. The storage area surface is compacted with 6 inches of road base or other
similar material with dust control measures in place.
d. A mechanism, such as a wash bay, gravel guard, or rumble strip is used to
remove mud, sand, dirt, and gravel from the vehicle with a minimum of 50
feet of paved driveway between the mechanism and a public street. The
mechanism used is subject to approval by the Transportation Director or
designee provided it is a commonly used device that is effective at removing
debris from vehicle tires.
SECTION 36. Amending the text of Salt Lake City Code Subsection 21A.46.070.V
(Historic District Signs) as follows:
21A.46.070.V Historic District Signs: The historic landmark commission may authorize,
as a minor alteration modification to an existing sign or the size or placement of a new
sign in a historic district or on a landmark site, including placement of a sign type not
allowed in the underlying zone, if the applicant can demonstrate that the location, size
and/or design of the proposed sign is compatible with the design period or theme of the
historic structure or district and/or will cause less physical damage to the historically
significant structure. If a sign in a local historic district or on a landmark site has been
designated a vintage sign as per Section 21A.46.125 of this chapter, the modifications
allowed in that section may be authorized by the historic landmark commission subject to
the appropriate standards of Section 21A.34.020 of this title.
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SECTION 37. Amending the text of Salt Lake City Code Chapter 21A.46.125 (Vintage
Signs) as follows:
A. The purpose of this section is to promote the retention, restoration, reuse, and
reinstatement of nonconforming signs that represent important elements of Salt Lake
City’s heritage and enhance the character of a corridor, neighborhood, or the community
at large.
B. Notwithstanding any contrary provision of this title:
1. An application for designation of vintage sign status as well as for the reinstatement
of, modifications to, or relocation of a vintage sign shall be processed in accordance
with the procedures set forth in Chapter 21A.08 and Section 21A.46.030 as well as
the following:
Application: In addition to the general application requirements for a sign, an
application for vintage sign designation or modification shall require:
(a) Detailed drawings and/or photographs of the sign in its current condition, if
currently existing;
(b) Written narrative and supporting documentation demonstrating how the sign
meets the applicable criteria;
(c) Detailed drawings of any modifications or reinstatement being sought;
(d) Detailed drawings of any relocation being sought; and
(e) Historic drawings and/or photographs of the sign.
2. The zoning administrator shall designate an existing sign as a vintage sign if the sign:
a. Was not placed as part of a Localized Alternative Signage Overlay District and
has not been granted flexibility from the base zoning through a planned
development agreement or by the historic landmark commission;
b. Is not a billboard as defined in Section 21A.46.020 of this chapter;
c. Retains its original design character, or that character will be reestablished or
restored, based on historic evidence such as drawings or photographs; and
d. Meets at least 4 of the following criteria:
(1) The sign was specifically designed for a business, institution, or other
establishment on the subject site;
(2) The sign bears a unique emblem, logo, or another graphic specific to the city,
or region;
(3) The sign exhibits specific characteristics that enhance the streetscape or
identity of a neighborhood;
(4) The sign is or was characteristic of a specific historic period;
(5) The sign is or was integral to the design or identity of the site or building
where the sign is located; or
25
(6) The sign represents an example of craftsmanship in the application of lighting
technique, use of materials, or design.
3. A designated vintage sign may:
a. Be relocated within its current site.
b. Be modified to account for changing uses within its current site. These
modifications shall be in the same style as the design of the original sign
including:
(1) Shape and form,
(2) Size,
(3) Typography,
(4) Illustrative elements,
(5) Use of color,
(6) Character of illumination, and
(7) Character of animation.
c. Be restored or recreated, and reinstated on its original site.
d. Be relocated to a new site for use as a piece of public art, provided that the
original design and character of the sign is retained, or will be restored, and it
advertises a business no longer in operation. Vintage signs may only be relocated
for use as public art to sites in the following districts: D-1, D-2, D-3, D-4, G-MU,
CSHBD1, CSHBD2, FB-UN2, FB-UN3, FB-SC, FB-SE, TSA.
e. Be relocated and reinstalled on the business’s new site, should the business with
which it is associated move, provided that the business’s new location is within
the same contiguous zoning district as the original location.
4. Once designated, a vintage sign is exempt from the calculation of allowed signage on
a site.
SECTION 38. Deleting Chapter 21A.52 Special Exceptions of the Salt Lake City Code
Chapter. Chapter 21A.52 (Special Exceptions) is deleted in its entirety.
SECTION 39. Amending the text of the Salt Lake City Code Section 21A.60.020 (List of
Defined Terms) by adding the following term in alphabetical order:
Ground mounted utility box.
SECTION 40. Adding the following definition in alphabetical order to Section
21A.62.040 (Definition of Terms) of the Salt Lake City Code as follows:
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Ground mounted utility boxes: shall mean such equipment and facilities, including pedestals,
boxes, cabinets, meters or other ground mounted facilities and associated equipment that
extend over 6 inches above ground level used for the transmission or distribution of utilities.
SECTION 41. 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 ______ day of ______________,
2021.
______________________________
CHAIRPERSON
ATTEST AND COUNTERSIGN:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor’s Action: _______Approved. _______Vetoed.
______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 2021.
Published: ______________.
Ordinance deleting special exceptions from city code(legislative)
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date: _________________________________
By: ___________________________________
Paul Nielson, Senior City Attorney
March9, 2021
TABLE OF CONTENTS
1. PROJECT CHRONOLOGY
2. NOTICE OF CITY COUNCIL HEARING
3. PLANNING COMMISSION MEETINGS
A. NOVEMBER 18, 2020 PUBLIC HEARING
i. AGENDA AND MINUTES
ii. HEARING NOTICE
iii. STAFF REPORT
B. SEPTEMBER 30, 2020 WORK SESSION
i. STAFF REPORT
ii. MINUTES
4. HISTORIC LANDMARK COMMISSION MEETING NOVEMBER 5, 2020
A. AGENDA AND MINUTES
B. STAFF REPORT
5. ORIGINAL PETITION
6
1. PROJECT CHRONOLOGY
7
Petition: PLNPCM2020-00606
August 5, 2020 The mayor initiated a petition to remove the special exception process
from the zoning ordinance.
August 5, 2020 Petition PLNPCM2018-00606 assigned to Nick Norris, Planning Director,
for staff analysis and processing.
August 11, 2020 Petition routed to each City Department and Division for review and
comment.
August 13, 2020 Early engagement period started by sending an email containing
preliminary information sent to all Community Council Chairs informing
them of the proposed text amendments, and that Planning Commission
and City Council meetings would be scheduled in the future.
August 13, 2020 Public information posted to the Planning Division website explaining the
proposal and containing proposed text of code changes.
August 14, 2020 Email notice of the digital open house sent to the Planning Division list-
serve. This email is sent every two weeks with each item that is in the
public engagement phase.
September 17, 2020 Email sent to American Institute of Architects Utah Chapter with
information on the proposal and seeking input from the architecture
community.
September 21. 2020 Presentation to the Sugar House Land Use Committee.
September 30, 2020 Planning Commission work session to discuss proposal
October 5, 2020 Planning Division internal review and drafting of recommendations from
Planning Commission
October 23, 2020 Public notice for November 5, 2020 HLC meeting sent to Division list
serve, posted on city website, and posted on Utah Public Meeting website.
October 24, 2020 Public hearing notice posted in newspaper
October 29, 2020 Ground Mounted Utility Box discussion with City Departments and
Rocky Mountain Power
November 5, 2020 Public Hearing with the Historic Landmark Commission. HLC
recommended that the City Council adopt the proposed changes.
8
November 6, 2020 Public hearing notice for November 18, 2020 Planning Commission public
hearing published in newspaper, posted on the Planning Division website
and on the State of Utah Public Meeting website, and emailed to Planning
Division list serve.
November 18, 2020 Planning Commission reviewed the proposal and conducted a public
hearing. The Planning Commission adopted a motion recommending that
the City Council adopt the proposed changes.
December 7, 2020 Transmittal forwarded to Community and Neighborhood Department.
9
2. NOTICE OF CITY COUNCIL HEARING
10
The Salt Lake City Council is considering Petition PLNPCM2020-00606 Special Exception Text
Amendments - A request by Mayor Erin Mendenhall, at the request of the Planning Division, is
requesting amendments to the zoning ordinance regulations regarding special exceptions. The proposal
would delete and eliminate the special exception process from the zoning ordinance. A special exception
is a minor alteration of a dimensional requirement of the zoning ordinance or addresses accessory uses
and structures. There are more than forty special exceptions authorized in the zoning ordinance. The
proposal addresses each special exception and results in each special exception being deleted, permitted,
or authorized through a different process in the zoning ordinance. Some special exceptions that will
become permitted include changes to standards to add flexibility and reduce impacts. Special exceptions
are approved by staff of the Planning Division, the Planning Commission, or Historic Landmark
Commission. The proposed amendments involve multiple chapters of the Zoning Ordinance. Related
provisions of Title 21A-Zoning and Title 14 may be amended as part of this petition. The changes would
apply Citywide.
As part of their study, the City Council is holding two advertised public hearings to receive comments
regarding the petition. During these hearings, anyone desiring to address the City Council concerning this
issue will be given an opportunity to speak. The Council may consider adopting the ordinance on the
same night of the second public hearing. The hearing will be held electronically:
DATE: Date #1 and Date #2
TIME: 7:00 p.m.
PLACE: **This meeting will not have a physical location.
**This will be an electronic meeting pursuant to the Salt Lake City Emergency
Proclamation. If you are interested in participating in the Public Hearing, please visit our
website at https://www.slc.gov/council/ to learn how you can share your comments during
the meeting. Comments may also be provided by calling the 24-Hour comment line at
(801)535-7654 or sending an email to council.comments@slcgov.com. All comments
received through any source are shared with the Council and added to the public record.
If you have any questions relating to this proposal or would like to review the file, please call
Nick Norris at 801-641-1728 between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday or via e-mail at nick.norris@slcgov.com
People with disabilities may make requests for reasonable accommodation no later than 48 hours in advance
in order to participate in this hearing. Please make requests at least two business days in advance. To make
a request, please contact the City Council Office at council.comments@slcgov.com , 801-535-7600, or
relay service 711.
11
3A. PLANNING COMMISSION HEARING NOVEMBER 18, 2020
i. AGENDA AND MINUTES
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SALT LAKE CITY PLANNING COMMISSION MEETING AMENDED AGENDA
This meeting will be an electronic meeting pursuant to the
Salt Lake City Emergency Proclamation
November 18, 2020, at 5:30 p.m.
(The order of the items may change at the Commissions discretion)
This Meeting will not have an anchor location at the City and County Building. Commission
Members will connect remotely. We want to make sure everyone interested in the Planning
Commission meetings can still access the meetings how they feel most comfortable. If you are
interested in watching the Planning Commission meetings, they are available on the following
platforms:
YouTube: www.youtube.com/slclivemeetings
SLCtv Channel 17 Live: www.slctv.com/livestream/SLCtv-Live/2
If you are interested in participating during the Public Hearing portion of the meeting or provide
general comments, email; planning.comments@slcgov.com or connect with us on Webex at:
http://tiny.cc/slc-pc-11182020
Instructions for using Webex will be provided on our website at SLC.GOV/Planning
PLANNING COMMISSION MEETING WILL BEGIN AT 5:30 PM
REPORT OF THE CHAIR AND VICE CHAIR
REPORT OF THE DIRECTOR
1. Consideration of a Stay of Decision - On October 28, 2020 the Planning Commission
approved a special exception for additional building height to add a second story to existing
home located at approximately 1400 East Federal Way; Case number PLNPCM2020-
00465. That decision has been appealed. City ordinance 21A.52.120.B authorizes the Planning
Commission to consider whether to stay the decision that is being appealed. A stay prevents
the city from taking any further action regarding the application, including issuing building
permits, performing inspections, or finalizing inspections, until a decision is reached by the
appeals hearing officer. A stay does not prohibit the applicant from performing work on the
subject property that does not require a permit or for work related to a permit that has already
been issued. If a stay is not granted, the city would be obligated to issue permits, perform
inspections and approve permits. The property owner proceeds at their own risk pending a
decision on the appeal. (Staff contact: Caitlyn Miller at (385) 315-8115 or
caitlyn.miller@slcgov.com)
CONSENT AGENDA
2. Kensington Tower Time Extension Request Steve Brown, project representative, is
requesting a one-year time extension of approval for the Kensington Tower Design Review.
The applicant has indicated that additional time is needed due to delays related to the current
COVID-19 pandemic. Design Review was approved by the Planning Commission on
November 13, 2019 for a 448-foot-tall multi-family residential tower. The subject property is
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located at approximately 75 E. 200 S., in the D-1 (Central Business District) within Council
District 4, represented by Ana Valdemoros. (Staff contact: John Anderson at (385) 226-6479
or john.anderson@slcgov.com) Case number PLNPCM2019-00786
3. APPROVAL OF MINUTES FOR OCTOBER 28, 2020
PUBLIC HEARINGS
1. Conditional Use ADU at approximately 2321 S Windsor St - Andrea Palmer with Modal,
representing the property owner, is seeking Conditional Use approval for an Accessory
Dwelling Unit (ADU) in a detached structure at approximately 2321 S Windsor Street. The
ADU will be located in the Southeast corner of the rear yard of the subject property. The ADU
will measure approximately 561 square feet and will measure a height of approximately 11
feet 7 inches. The subject property is located in the R-1/5,000 Single-Family Residential
zoning district and is located within Council District 7, represented by Amy Fowler. (Staff
contact: Chris Earl at (801) 535-7932 or christopher.earl@slcgov.com) Case number
PLNPCM2020-00512
2. East Liberty Tap House Conditional Use for a Bar at approximately 850 East 900 South
- Caroline & Josh Stewart, the property owners, are requesting Conditional Use approval for
a bar establishment to be located at 850 E 900 S. The space is currently occupied by the
East Liberty Tap House and the bar establishment will retain the same name and ownership.
The applicants are proposing to change the existing tavern/restaurant license and approval
at this location to a bar establishment which requires a new Conditional Use approval. A Bar
is allowed as a Conditional Use in the CB Community Business zoning district subject to
certain size limitations. An area that previously functioned as a private dining room will be
incorporated into the bar's space for patrons. The building's exterior, parking and other
aspects are not being modified through this request. The subject property is located within
Council District 5, represented by Darin Mano (Staff contact: David J. Gellner at (385) 226-
3860 or david.gellner@slcgov.com) Case number PLNPCM2020-00558
3. Emeril Townhomes Planned Development, Design Review and Preliminary Subdivision
at approximately 833 W Emeril Avenue - Jarod Hall, representing the property owner, is
requesting approval for a new townhome development at 833 Emeril Avenue. The project will
replace one single family residence on a single lot with 12 single family attached townhomes.
The total site is 0.27 acres. The proposed project is subject to the following applications:
a. Planned Development: The Planned Development is needed to address the lack of
street frontage and modifications to the TSA zoning regulations. Case
number PLNPCM2020-00288
b. Design Review: The development requires Design Review approval as the
development did not receive enough points through the TSA development review
process for administrative (staff level) approval. Case number PLNPCM2020-00289
c. Preliminary Subdivision: The development also involves a preliminary plat to create
the individual new townhome lots. Case number PLNSUB2020-00347
The subject property is located within Council District 2, represented by Andrew Johnston.
(Staff contact: Katia Pace at (801) 535- 6354 or katia.pace@slcgov.com)
4. Deleting Special Exceptions from the Zoning Ordinance and Associated Ordinance
Changes - Mayor Erin Mendenhall, at the request of the Planning Division, is requesting
14
amendments to the zoning ordinance regulations regarding special exceptions. The proposal
would delete and eliminate the special exception process from the zoning ordinance. A
special exception is a minor alteration of a dimensional requirement of the zoning ordinance
or addresses accessory uses and structures. There are more than forty special exceptions
authorized in the zoning ordinance. The proposal addresses each special exception and
results in each special exception being deleted, permitted, or authorized through a different
process in the zoning ordinance. Some special exceptions that will become permitted include
changes to standards to add flexibility and reduce impacts. Special exceptions are approved
by staff of the Planning Division, the Planning Commission, or Historic Landmark Commission.
The proposed amendments involve multiple chapters of the Zoning Ordinance. Related
provisions of Title 21A-Zoning and Title 14 may be amended as part of this petition. The
changes would apply Citywide. (Staff contact: Nick Norris at (801) 535-6173 or
nick.norris@slcgov.com) Case number PLNPCM2020-0606
For Planning Commission agendas, staff reports, and minutes, visit the Planning Divisions website at
slc.gov/planning/public-meetings. Staff Reports will be posted the Friday prior to the meeting and minutes will be posted
two days after they are ratified, which usually occurs at the next regularly scheduled meeting of the Planning
Commission.
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SALT LAKE CITY PLANNING COMMISSION MEETING
This meeting was held electronically pursuant to the
Salt Lake City Emergency Proclamation
Wednesday, November 18, 2020
A roll is being kept of all who attended the Planning Commission Meeting. The meeting was
called to order at 5:30:26 PM. Audio recordings of the Planning Commission meetings are
retained for a period of time.
Present for the Planning Commission meeting were: Chairperson, Brenda Scheer; Vice
Chairperson, Amy Barry; Commissioners Maurine Bachman, Adrienne Bell, Carolynn Hoskins,
Matt Lyon, Andres Paredes, Sara Urquhart, and Crystal Young-Otterstrom.
Planning Staff members present at the meeting were: Nick Norris, Planning Director; Wayne
Mills, Planning Manager; John Anderson, Planning Manager; Paul Nielson, Attorney; Caitlyn
Miller, Principal Planner; Chris Earl, Associate Planner; David Gellner, Principal Planner; Katia
Pace, Principal Planner; and Marlene Rankins, Administrative Secretary.
Chairperson Brenda Scheer read the emergency proclamation for conducting a virtual meeting.
REPORT OF THE CHAIR AND VICE CHAIR 5:31:35 PM
Chairperson Scheer stated that it is her and Amy Barrys first time serving as Chair and Vice-
Chair and asked the public for their patience while they settle into their new roles.
Vice Chairperson Barry stated she had nothing to report.
REPORT OF THE DIRECTOR 5:32:08 PM
Wayne Mills, Planning Manager, provided the public with instructions on how to join and
participate during the meeting.
6:41:48 PM
Deleting Special Exceptions from the Zoning Ordinance and Associated Ordinance
Changes - Mayor Erin Mendenhall, at the request of the Planning Division, is requesting
amendments to the zoning ordinance regulations regarding special exceptions. The proposal
would delete and eliminate the special exception process from the zoning ordinance. A special
exception is a minor alteration of a dimensional requirement of the zoning ordinance or addresses
accessory uses and structures. There are more than forty special exceptions authorized in the
zoning ordinance. The proposal addresses each special exception and results in each special
exception being deleted, permitted, or authorized through a different process in the zoning
ordinance. Some special exceptions that will become permitted include changes to standards to
add flexibility and reduce impacts. Special exceptions are approved by staff of the Planning
Division, the Planning Commission, or Historic Landmark Commission. The proposed
amendments involve multiple chapters of the Zoning Ordinance. Related provisions of Title 21A-
Zoning and Title 14 may be amended as part of this petition. The changes would apply Citywide. (
16
Staff contact: Nick Norris at (801) 535-6173 or nick.norris@slcgov.com) Case number
PLNPCM2020-0606
Nick Norris, Planning Director, reviewed the petition as outlined in the Staff Report (located in
the case file).
The Commission and Staff discussed the following:
Clarification on whether extra height for buildings is allowed if the primary structure is
nonconforming in height
Clarification on nonconforming structures
PUBLIC HEARING 7:04:10 PM
Chairperson Scheer opened the Public Hearing;
Cindy Cromer Stated she mentioned to the Historic Landmark Commission the issue of lack of
public notice once the changes are approved. She also stated that over time uses associated
with special exceptions have changed dramatically; an example is outdoor dining.
Zachary Dussault Stated his support of the request.
Seeing no one else wished to speak; Chairperson Scheer closed the Public Hearing.
Nick Norris, Planning Director, provided information on notices that are provided to the public.
The Commission and Staff further discussed the following:
Whether public comments received by staff are sent to City Council
Clarification on whether the neighborhood will still receive notices if the petition is
approved
Clarification on the number of special exceptions in the zoning ordinance that are being
changed
Clarification on how the proposed changes affect daycares
MOTION 7:17:02 PM
Commissioner Bell stated, based on the information in the staff report, the information
presented, and the input received during the public hearing, I move that the Planning
Commission recommend that the City Council approve the proposed text amendment,
PLNPCM2020-00606 Special Exception Text Amendment.
Commissioner Bachman seconded the motion. Commissioners Young-Otterstrom,
Urquhart, Paredes, Lyon, Hoskins, Bell, Barry and Bachman voted Aye. The motion
passed unanimously.
The meeting adjourned at 7:20:37 PM
17
3A. PLANNING COMMISSION HEARING NOVEMBER 18 2020
ii. NEWSPAPER NOTICE
18
19
3A. PLANNING COMMISSION HEARING NOVEMBER 18, 2020
iii. STAFF REPORT
20
PLANNING DIVISION
COMMUNITY & NEIGHORHOOD DEVELOPMENT
Staff Report
To: Salt Lake City Planning Commission
From: Nick Norris, 801-535-6173, nick.norris@slcgov.com
Date: November 18, 2020
Re: PLNPCM2020-00606 Special Exception Changes Text Amendment
Zoning Text Amendment
REQUEST:
Mayor Erin Mendenhall, at the request of the Planning Division, is requesting amendments to
the zoning ordinance regulations regarding special exceptions. The proposal would delete and
eliminate the special exception process from the zoning ordinance. A special exception is a
minor alteration of a dimensional requirement of the zoning ordinance or addresses accessory
uses and structures. There are more than forty special exceptions authorized in the zoning
ordinance. The proposal addresses each special exception and results in each special exception
being deleted, permitted, or authorized through a different process in the zoning ordinance.
Some special exceptions that will become permitted include changes to standards to add
flexibility in administering the regulation and reduce impacts. Special exceptions are approved
by staff of the Planning Division, the Planning Commission, or Historic Landmark Commission.
The proposed amendments involve multiple chapters of the Zoning Ordinance. Related
provisions of Title 21A-Zoning may be amended as part of this petition. The changes would
apply Citywide.
RECOMMENDATION:
Based on the findings listed in the staff report, the Planning Division recommends that the
Planning Commission forward a favorable recommendation for the text amendment request to
the City Council.
ATTACHMENTS:
A. Quick guide of changes to each special exception
B. Proposed Text Amendment
C. Analysis of Zoning Amendment Factors
D. Public Outreach Summary
E. Department Review Summary
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Petition Description
The special exception code changes project is a proposal to eliminate the special exception
process from the Salt Lake City Zoning Ordinance. There are more than 40 authorized
exceptions in the zoning ordinance. This proposal would result in one of the following actions
for each authorized special exception:
Prohibit exceptions that are routinely denied;
Permit exceptions with additional standards for those exceptions that are routinely
approved; or
Move specific exceptions to other processes already authorized in the ordinance.
The number of special exception applications have
grown from 37 in 2011 to 149 in 2019. The increase is
directing staff resources away from addressing
citywide growth-related issues and instead focusing
staff resources towards individual developments.
Special exceptions required the equivalent of almost
two full time employees to process the applications in
2019. This accounts for about 10% of the total
workload.
Special exceptions have grown in scope and level of controversy. Without any real cap on the
scope of an exception, the requested exceptions are asking for larger modifications. This is
increasing the amount of staff required to respond to inquiries, answer questions, negotiate
with the applicant, and decide on each application.
Proposed Changes
The number of changes to remove special exceptions from the ordinance are extensive. The
Planning Commission was briefed on those changes during a September 30, 2020 work
session. A quick guide to the changes can be found in Attachment A. The proposed text
changes can be found in Attachment B.
Applicable Review Processes and Standards
Review Processes: Zoning Text Amendment
Zoning text amendments are reviewed against four considerations, pertaining to whether
proposed code is consistent with adopted City planning documents, furthers the purposes of the
zoning ordinance, are consistent with other overlay zoning codes, and the extent they
implement best professional practices. Those considerations are addressed in Attachment C.
The primary focus of this text amendment is addressing best professional practices in managing
growth by implementing the following practices:
removing processes that are preventing staff resources from being allocated to growth
related issues,
modernizing the zoning ordinance by removing outdated regulations and processes
(such as special exceptions that are rarely, if ever, applied for),
What is a special exception?
A special exception is a minor
modification to a dimensional
standard or accessory use with
minimal impact to adjacent
properties.
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removing regulations that restrict property rights and that do not reflect current trends
in how property is used for accessory and ancillary land uses, and
removing regulations that are not necessary to protect and further the health, safety,
and welfare of the neighborhoods located in the city.
City Code amendments are ultimately up to the discretion of the City Council and are not
controlled by any one standard.
Community Input
Public Outreach is summarized in Attachment D and includes who was noticed, when the notice
was sent, presentation and meetings held, and submitted comments. Below is a discussion of
the key issues identified by the community, how the comments relate to the proposal, and how
the comments were reflected in the proposed update. The following issues were identified
through the public engagement process as of October 31, 2020:
1. Outdoor Dining
The Department of Community and Neighborhoods have had several recent complaints about
outdoor dining and the impact to adjacent and nearby neighbors. The primary complaints
involve noise, proximity to property lines, and businesses not obtaining special exception
approvals. The proposed changes would allow outdoor dining as a permitted use to a restaurant,
coffee shop, or other food serving business. The proposal maintains some existing standards
and adds some new standards:
A ten-foot setback for outdoor dining when located next to a residential zoning district
(new);
Limits amplified and live music to decibel levels required by the Salt Lake County Health
Department and places hours that music can be played outdoors when the business is
adjacent to a residential zoning district.
2. Fence Heights and buffering
Changes to fence height are being processed as a separate application and those comments
related to this special exception have been included and analyzed in that project.
3. Discrepancy with Special Exception Approvals
The Planning Division did hear from a resident of the East Bench Neighborhood regarding
special exception approvals. The resident indicated that the process was used to create
inequities in property rights, with some property owners benefiting from the process and then
using the public process to deny other nearby property owners of the same benefits. The
Planning Division has heard similar complaints from applicants and the process does create the
potential for an applicant to gain approval if the neighbors are favorable towards a proposal and
be denied or have a more rigorous approval process if the neighbors are not in favor. Special
exceptions are an administrative process because the PC is the approval authority. The PC does
have discretion in the process because the current standards are subjective, and applicants are
not being denied a property right because the applicant typically has the option to comply with
the zoning requirements without the need for a special exception. No changes were necessary
from this comment.
4. Noncomplying Issues
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Public comment was received identifying that many properties in the city likely have some level
of noncompliance due to the age of the building and changing zoning regulations. The comment
indicated that noncomplying issues should be resolved easily and retain property rights. There
are changes to chapter 21A.38, which regulates nonconforming uses and noncomplying
structures that accomplish this by simplifying the regulations and reducing the need to submit
land use applications.
5. Front yard Parking
The Sugar House Community Council indicated that they do not support allowing front yard
parking. This is highlighted here because the Planning Commission indicated that it should be
allowed under narrow circumstances. The Planning Division has prepared a draft proposal that
follows the input of the Planning Commission and is discussed under the “Planning Commission
Recommendations” section.
6. Unit Legalizations
The comments received regarding unit legalizations focused on the need for the definition of a
unit to be applied more uniformly and updated if needed. This is separate from this proposal.
The comment including inconsistent application of the definition to include things such as water
heaters. The zoning definition of a dwelling unit is:
A building or portion thereof, which is designated for residential purposes of a
family for occupancy on a monthly basis and which is a self-contained unit with
kitchen and bathroom facilities. The term "dwelling" excludes living space within
hotels, bed and breakfast establishments, apartment hotels, boarding houses and
lodging houses.
It should be noted that this definition is being changed slightly as part of the Shared Housing
(formerly known as SROs) zoning amendment. The changes address a shared housing unit not
being fully self-contained. No changes were made to this proposal in response to this comment.
7. Vintage Signs
A comment was received about vintage signs and that they should be allowed in the CSHBD 2
(Sugar House Business District) zone. A vintage sign is a historic sign that adds some distinctive
nature to a neighborhood. Vintage signs can be relocated within the same zoning district, be
moved with a business if it relocates, and are allowed to be used as public art in some zoning
districts. This comment is in reference to the use of vintage signs as public art. The ordinance
currently restricts this to the Downtown zones, Gateway Mixed Use, and Sugar House Business
District 1 zoning districts. The comment from the Sugar House Community Council is related
to adding CSHBD2 to the allowed zones where vintage signs could be relocated as public art.
The Planning Division used this suggestion to update the proposal to add this zoning district
and other similar zoning districts: FB-UN2, FB-UN3, FB-SC, FB-SE, and TSA. It may be worth
considering if vintage signs create an impact in any commercial or mixed-use zoning district
and allow them in those districts as well.
8. Inline Additions
A comment was received about the need to maintain inline additions as an option to provide
flexibility when designing additions that fit in with the characteristics of the built environment.
This is a true statement. This issue was also identified by the Planning Commission with a
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recommendation to find a way to maintain inline additions in the side yard. Options are
discussed in the next section of this report.
Inline additions within side yards do create new impacts that the adjacent property owner may
not have anticipated. The impacts often cited by the public when reviewing an inline addition
within a side yard include privacy and shadowing. Privacy impacts include how windows are
aligned with windows on neighboring properties and expanding the living space so that adjacent
rear yards are less secluded. Issues associated with shadowing are identified when the proximity
of the addition starts to shade a portion of a neighboring yard that was not previously in the
shade. Trees and fences also create shading issues, fences are shorter than building walls and
tree heights are not regulated by city ordinances.
The remaining processes in the zoning ordinance do not contain similar flexibility or do not
contain standards that help determine if an inline addition within a side yard is appropriate.
The closest process is the design review process. That process does not contain specific
standards about inline additions and would require some standards be added in order to be a
useful tool for inline additions.
9. HVAC Locations and Setbacks
HVAC equipment is generally required to be at least 4 feet from a property line and are not
allowed to be in a required front yard setback. An average of 11 applications per year are made
requesting to locate HVAC equipment within four feet of a property line or within a required
front yard. In response to this comment, the proposal was modified to add flexibility, such as
allowing the equipment in a front yard if it is located within 4 feet of the building, at least 10 feet
from the front property line, and screened. There was a public comment that suggested that
mechanical equipment may be appropriate if it was within 4 feet of a property line and adjacent
to a driveway on a neighboring property. This was added as an allowed encroachment when
next to a driveway, parking area, or an accessory building provided a 2-foot setback is
maintained to allow future maintenance without the need to use adjacent property to access the
equipment.
PLANNING COMMISSION RECOMMENDATIONS:
The following section outlines the recommended changes made by the Planning Commission
during the work session held on September 30, 2020.
1. Inline Additions
An inline addition is an addition to an existing building where the building does not meet the
minimum setback requirements. Inline additions have become a popular application for
additions to homes. Most inline additions are requested for older homes that were built at a
time when building setbacks, mostly side yards, were related to the height of the structure. If a
structure was relatively low in height, such as a small cottage or bungalow, it could have smaller
side yards. Buildings built prior to zoning also have setbacks that are noncomplying.
The Planning Commission supported allowing inline additions to buildings that already
encroach into a required front or rear yard. The proposal presented by the Planning Division
did not allow inline additions in noncomplying side yards that did not comply with current
side yard setbacks. This means that any new addition would be required to meet the setbacks.
The Commission requested that the Division consider options for inline additions in
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noncomplying side yards and suggested limited those additions to single story in height or
rethinking how building height is measured.
The Division created a proposal that would allow an inline addition within a noncomplying
side yard provided:
The addition is limited to a single story;
The addition maintains the exterior wall height (or lower) of the existing building;
The addition can extend the existing noncomplying exterior wall no more than 20% in
length.
These provisions provide some flexibility in the regulations and reduce the potential impacts
to neighbors. The proposal would allow the extension “by-right” and there would be no public
process for meeting the provisions. An additional suggestion was to allow an addition to
extend a noncomplying wall by up to 50% of the existing wall, but no more than 16 feet, which
would be enough to accommodate an additional room within the building. The Commission
can decide which option is best upon considering impacts and the need to be flexibility and
allow for growth within existing buildings to better accommodate changing housing needs.
The HLC would retain the ability to modify setbacks within historic districts, which cover
significant portions of the city. The provisions for inline additions would not apply to
properties within the H Historic Preservation Overlay District because the H Overlay already
has standards and processes to address additions with noncomplying setbacks.
2. Front Yard Parking
The Planning Commission recommended that front yard parking be allowed provided there
are no other alternatives for off-street parking on the property. The Planning Division has
added standards that:
Only permits front yard parking when the property has no other off-street parking;
Limits front yard parking to residential uses;
The front or rear yard are not accessible due to the width of a side yard, lack of a side
yard, or lack of a wide enough rear yard for corner properties; and
Adds dimensional standards to ensure that the front yard parking does not impact the
sidewalk or bike lanes.
3. Additional Height for Accessory Structures
The primary concern raised by the Planning Commission involved how high an accessory
building could be if the principal structure was more than two stories in height. Standards
were added that:
Limited the increase to no more than 25% of the permitted height and restricts the
height to no more than 75% of the height of the principal structure;
Requires an increased setback of one foot for every one foot in additional height.
Several issues were identified by Planning staff regarding extra height and the likelihood for it
to promote second story use in accessory buildings. The existing special exception for extra
height in accessory buildings limited the extra height to storage purposes and did not allow
windows to face a neighboring yard. The use of the secondary story requires a separate special
26
exception under the current code. However, with the proposed changes, second story use
would be permitted.
4. Commercial Building Height
The Planning Commission discussed that there could be some benefit for allowing extra height
on sloping lots in commercial zoning districts. The concerns raised were mainly focused on
buildings with wide frontages and the impact extra height would have. The ability to obtain
extra height, up to 10%, was added as a permitted increase provided that at least 50% of the
building volume complies with the height, the height allows for the top story to have level
floors without internal stepping, and the ground floor has a minimum height of twelve feet.
5. Ground Mounted Utility Boxes
The recommendation from the City is to prohibit ground mounted utility boxes in public rights
of way when the utility box is only serving private development. The reason for this change is
because the private development benefits from placing the boxes in the rights of way because
doing so does not require space on private property for private infrastructure. However, this
creates long term planning issues for the City because those boxes will never be able to be
moved out of the right of way if the City desires or needs to make changes to the rights of way.
Examples include planting trees, expanding underground infrastructure (such as water pipes,
storm drainage, or sewer lines), widening sidewalks, adding grade separate bike lanes,
managing curb space, and other public uses within the ROW. This section was modified to
require utility provider approval for location and access to utility boxes, setbacks from
property line of one foot, and multiple requirements for locating a box in the ROW (each
requirement must be satisfied) only when the box is necessary for neighborhood wide service
and when an existing building on the property is being reused and there is no other location
on the subject property.
HISTORIC LANDMARK COMMISSION RECOMMENDATIONS:
The Historic Landmark Commission held a public hearing on the proposed changes on
November 5, 2020. There was one public comment in support of the proposed changes as it
retains the HLC ability to make modifications to lot and bulk requirements but simplifies the
process to do so. The HLC passed a motion unanimously recommending that the City Council
adopt the proposed changes.
DISCUSSION:
The proposed code updates have been reviewed against the Zoning Amendment consideration
criteria in Attachment C. The proposed code changes implement best practices by ensuring the
code is up to date, does not conflict with other applicable State or City Code, and complies with
the City’s zoning purposes by ensuring that City ordinances can be legally administered and
enforced.
Due to these considerations, staff is recommending that the Commission forward a favorable
recommendation on this request to the City Council.
NEXT STEPS:
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The Planning Commission can provide a positive or negative recommendation for the proposed
text amendments. The recommendation will be sent to the City Council, who will hold a briefing
and additional public hearing(s) on the proposed text amendments amendment. The City
Council may make modifications to the proposal and approve or decline to approve the
proposed zoning text amendments.
If the text amendments are approved by the City Council, appeals would be subject to the new
City ordinance standards.
The Planning Commission may also recommend a modified version of the proposal. This would
be advisable if the commission identifies potential issues with any aspect of the proposal.
Instances where this may happen include:
The commission wants to add a standard or modify a proposed regulation;
The commission wants to delete a standard or requirement within the proposal;
The commission wants additional information about any aspect of the proposal.
There may be situations where the Planning Commission makes a request and the Planning
Division is not able to provide information regarding that request. An example of this may be a
request for a significant amount of research or data that the Division does not have the capability
to provide.
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This is a simple summary of the proposed changes. Please refer to the draft code in Attachment
B for all proposed changes.
Additional Accessory structure height: increased height (up to 75% of the principal structure)
allowed with increase in setbacks
Accessory structures on double frontage lots: standards added to match location of accessory
buildings of the block.
Additional height for fences: removed exception process, sets maximum heights.
Additional building height in commercial districts: deleted special exception; standards added
to allow 10% increase on sloping lots.
Additional height in foothill districts: deleted special exception
Additional height in R-1, R-2, SR districts: deleted special exception
Alternative to off street parking: deleted
Barbed wire fences: standards added, restricted to industrial and agricultural zones and for land
uses that require added security, such as public utility facilities.
Conditional home occupations: deleted. This was changed several years ago to permitted but
was not deleted from the special exception chapter.
Dividing exiting lots with existing detached dwellings: allowed through the subdivision process
with standards added.
Front yard parking: Standards added to allow front yard parking in very limited instances.
Grade changes over 4 feet: will become permitted with a step between retaining walls necessary
to retain the grade change.
Ground mounted AC units, pool equipment, etc. within 4 feet of side or rear property line:
standards updated to allow equipment in additional situations when there is no impact or the
equipment is screened.
Hobby shop, art studio, exercise room in accessory buildings: deleted, will become permitted.
Inline additions: permitted to match the existing building setback in front and rear yards;
allowed in a limited manner in side yards.
Home day care: will become permitted or conditional based on Utah Code requirements for
number of kids.
Outdoor dining in required yard: will be permitted with specific standards for setbacks, noise,
etc. when next to residential zone.
Razor wire fencing: limited to industrial and agricultural zones and some uses that require a
high level of security.
Replacement of noncomplying building or portion of a noncomplying building: allowed by right
within the noncomplying chapter of the zoning ordinance.
Underground encroachments: permitted in the encroachment table with standards.
29
Window mounted AC units: deleted special exception, will be permitted.
Vehicle and equipment storage in CG, M1, M2, EI: permitted with specific standards for water
quality and to reduce mud, dirt, gravel being carried onto public streets.
Ground mounted utility boxes: prohibited in the public right of way unless the box serves a
broader area than just a private development and with specific standards; location requirements
on private property added. Size limitations deleted.
Unit legalizations: will be addressed as a determination of nonconforming use in chapter
21A.38. Standards related to continuing use maintained. Other standards that require update
to parking standards deleted.
Vintage signs: Changed to permitted with existing standards in the ordinance, expanded where
a vintage sign could be used as public art.
Additional height for lights at sports fields: changed to permitted with screening of light
trespass, increased setback from residential uses.
Recreation equipment height in OS zone: capped at 60 feet in height with no exceptions.
Public utility buildings in OS zone: will be allowed to exceed building height for critical public
utility infrastructure. Does not include office buildings.
Fence and wall height over 6 feet for homeless resource centers: Planning Commission will be
given the authority to approve taller fences for buffering purposes.
Enlargement of structure with noncomplying use: allowed by right provided the addition
complies with zoning requirements.
Horizontal inline additions: permitted to match existing portions of buildings that do not meet
setback when the addition is in the front or rear yards, with limited application in side yards.
Alteration to an existing SFD when the use is not allowed: alterations will be permitted.
Amateur HAM radio antennae over 75 feet in height: special exception deleted.
Electrical equipment for cell towers: will need to be in a side or rear yard with specific setback
and screening requirements.
Electrical security fences: deleted and will become nonpermitted.
Covered ADA ramps: deleted, will be addressed through a reasonable accommodation
authorized under federal laws.
Ground mounted utility boxes over a certain size in the right of way: will be deleted and required
to be located on private property when serving individual developments.
Front yard parking for SFD when side or rear yard not accessible: deleted and will be allowed
in very limited instances.
Parking exceeding the maximum: deleted. Will be addressed through proposed changes to
parking ordinance.
Alternative parking requirements: deleted. Will be addressed through proposed changes to
parking ordinance.
30
Commercial signs in historic districts: delete special exception requirement; will be authorized
through existing processes in the Historic Preservation Overlay.
HLC bulk modifications: delete special exception requirement: will be authorized through
existing processes in the Historic Preservation Overlay.
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Special Exception Text Amendment
Public hearing notice for the HLC meeting was sent through the Division email list on
mailed on October 22, 2020
Public hearing notice published to newspaper October 24, 2020
Public notice posted on City and State websites on October 22, 2020
No formal requests to receive notice of the proposed text amendment were received prior
to the noticing deadline of this public hearing.
72
From:John Blankevoort
To:Norris, Nick
Subject:(EXTERNAL) Special Exceptions
Date:Thursday, August 13, 2020 6:46:34 PM
Attachments:EBCC 6-17-2020 meeting.pdf
Hello Nick
I totally agree with your premise on the new special exception process changes,
frankly the city is already overwhelmed with frivolous requests on a number of
subjects.
I also have some further recommendations and would to participate to help you to
evaluate the wider problem.
We have several District chairpersons ( District 5, 6 etc) that are stoking the fire with
these notices of special exceptions. I would think this is driving more people to call
into the zoning and planning office, only to stymie the process and become actual
obstacles for your Dept.
Please find attached meeting minutes June 17, 2020. Item 7, brought up the subject
of a neighbor in Indian Hills subdivision and his special exception for building a home
and height limits. The neighbor and architect already had engaged with zoning and
planning and they had already gone through and contacted each of the abutting
neighbors to work through the issue. Our chairperson (Aimee Burrows) decided to
'follow through' with the process as if to say she was the street captain on zoning and
planning. I told her it was a frivolous use of our time. The neighbor is already following
the protocols then we should not allow our District Chairs to muddy up your depts.
time by making more work.
I propose to you that zoning and planning does not need anymore 'help; from local
District Council meetings and that a statement should be mentioned in your new
process changes to not encourage creating anymore duplicate work for special
exceptions. And although we all have the right to public information, it is not the
charter of local meetings to drive special exception agenda. We need to be more
efficient, don't you agree?
Best
John
73
From:Ann Robinson
To:Norris, Nick; Annie V. Schwemmer
Subject:RE: (EXTERNAL) Special Exception Changes
Date:Tuesday, October 20, 2020 1:56:57 PM
Well, these situations were handled previously by special exceptions because each circumstance is
unique. By eliminating special exceptions, you are now trying to make rules that cover all
possibilities—probably not possible.
Let us think about this a bit and get back to you.
Ann Robinson, AIA
Principal // Renovation Design Group
824 SOUTH 400 WEST | SUITE B123 | SALT LAKE CITY | UTAH | 84101
O.801.533.5331 | M. 801.230.2080
RenovationDesignGroup.com | Facebook Fans | Houzz Portfolio
From: Norris, Nick <Nick.Norris@slcgov.com>
Sent: Tuesday, October 20, 2020 1:48 PM
To: Annie V. Schwemmer
Cc: Ann Robinson
Subject: RE: (EXTERNAL) Special Exception Changes
Thanks Annie, these are helpful comments. Do you have some ideas on how we can accommodate
these issues within the proposal?
NICK NORRIS
Director
Planning Division
DEPARTMENT of COMMUNITY and NEIGHBORHOODS
SALT LAKE CITY CORPORATION
TEL 801-535-6173
CELL 801-641-1728
Email nick.norris@slcgov.com
WWW.SLC.GOV/PLANNING
From: Annie V. Schwemmer
Sent: Tuesday, October 20, 2020 1:33 PM
To: Norris, Nick <Nick.Norris@slcgov.com>
Cc: Ann Robinson
Subject: (EXTERNAL) Special Exception Changes
Hi Nick-
We’ve reviewed the proposed special exception changes and since we do so many
renovations/additions in SLC we have the following comments:
74
Garages Built into Hillsides in Front or Corner Side Yards: It seems there will be very few of these that
would not also need to project into a front yard setback.
Central Air Condensers: There are many side yards that can accommodate a condenser without
causing undue hardship on the neighbor (for instance, a 4’ side yard adjacent to a neighbor’s
driveway) and there should be a way for these to be allowed.
Corner side yards: We think in-line additions need to be allowed in side yard setbacks to avoid
awkward interior spaces & rooflines.
Noncomplying as to height: We think rear additions should be allowed to match the height of the
existing roofline even if the existing structure is noncomplying. This change will create odd looking
rooflines and will preclude 2nd stories on rear additions if the lower roofline makes the upper level
ceiling lower than 7’ high.
Thanks-
Annie
Annie V. Schwemmer, AIA
Principal // Renovation Design Group
824 SOUTH 400 WEST | SUITE B123 | SALT LAKE CITY | UTAH | 84101
O. 801.533.5331 | M. 801.560.7171
RenovationDesignGroup.com | Facebook Fans | Houzz Portfolio
75
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77
From:Kyle Deans
To:Norris, Nick
Subject:(EXTERNAL) Special Exceptions
Date:Monday, November 9, 2020 3:09:19 PM
Nick,
If the exceptions have been addressed in each of their specific sections of zoning code I fully
support deleting the Special Exceptions from the code.
Kyle R Deans
Salt Lake City Resident
78
Special Exception Text Amendment
Planning Staff Note: This proposal was routed to the City Departments and Divisions for
review on August 11, 2020. In addition, follow up meetings were held on September 30, 2020
and October 29, 2020 with Engineering, Real Estate Services,Building Services and Rocky
Mountain Power to discuss ground mounted utility boxes and how to address them. Below are
submitted comments from each Department or Division and a summary of associated meetings.
Airports: no comments received.
Building Services (zoning review): Indicated that they thought this would be time saver
for staff and would be helpful. They provided specific changes to the following sections
of the proposal:
o Edit suggestions regarding Table 21A.36.020.B Obstructions in yards;
o Support addressing grade changes and retaining walls as it removes vagueness
in doing related zoning reviews.
o Requested that the expansions of nonconforming uses be limited to a one-time
request to avoid repeated requests over time.
o Regarding noncomplying lots, add provision about complying with all applicable
provisions so that it includes building and fire codes.
o Remove some of the standards for unit legalizations that deal with past zoning
violations. Past violations that are unrelated to the existence of a dwelling unit
should not be a factor in determining if the unit can be recognized as a legal
dwelling unit.
o Concerns with letting any accessory use go into an accessory building. Is a
welding shop appropriate in a shed, for example?
Building Services (civil enforcement): no comments provided.
Economic Development: inquired about eliminating the ability to seek additional
building height in commercial districts. Planning staff provided the department with the
number of applications received requesting additional height in commercial districts
and information on other processes available to seek additional height. The Division
also mentioned that there will be a future analysis of building heights in commercial
districts to align with building code requirements, promote more housing, and
encourage improved street engagement. Comments were provided by Roberta
Reichgelt.
Engineering: Engineering is concerned with prohibiting all utility boxes in the ROW.
This puts the burden on Engineering to make decisions about the aesthetics of utility
boxes when they are mostly focused on the engineering and impact to physical
infrastructure, such as sidewalks, curb, and gutter.
Finance: no comments received. This was routed to Finance due to the impact on
revenue from special exception application fees. It is anticipated that Planning Division
revenue will decrease by $40,000 to $45,000 per year.
79
Special Exception Text Amendment
Fire Department: no comments provided.
Housing and Neighborhood Development: no comments provided.
Information Management Services (IMS): no comments provided. Deleting special
exceptions will require deactivating the application in the Accela system.
Mayors Office: The Mayor was briefed on the concept before the petition was initiated.
The Mayor asked that the project include a comprehensive approach and that changes
be considered to maintain flexibility while limiting impacts.
Police Department: no comments provided.
Public Services:
o Parks and Public Lands: Parks and Public Lands provided comments relating to
fence height around outdoor recreation facilities and light poles associated with
sports fields.
o Golf Division: provided comments regarding fence heights around golf course
driving ranges.
o the Salt Lake Regional Sports Complex provided input on the height and setbacks
of athletic field lighting.
Public Utilities: Public Utilities provided comments about exempting some necessary
infrastructure and utility buildings from height requirements in the OS Zoning District,
asking if the riparian and lowland overlay zoning districts still apply, clarifying that
underground encroachments are on private property only, and ensuring that antennae
height would allow the necessary infrastructure to monitor utility facilities. Comments
provided by Jason Draper.
Redevelopment Agency: The RDA indicated that they supported the changes because
they will help to streamline the building permit review process and provide more
predictability for property owners. Comments provided by Lauren Parisi.
Sustainability: no comments provided.
Transportation: Indicated that they had no suggested changes. Comment provided by
Michael Barry.
Urban Forestry: no comments provided.
80
3B. PLANNING COMMISSION WORK SESSION SEPTEMBER 30, 2020
i. AGENDA AND MINUTES
81
SALT LAKE CITY PLANNING COMMISSION MEETING AGENDA
This meeting will be an electronic meeting pursuant to the
Salt Lake City Emergency Proclamation
September 30, 2020, at 1:00 p.m.
(The order of the items may change at the Commissions discretion)
This Meeting will not have an anchor location at the City and County Building. Commission Members will
connect remotely. We want to make sure everyone interested in the Planning Commission meetings can
still access the meetings how they feel most comfortable. If you are interested in watching the Planning
Commission meetings, they are available on the following platforms:
YouTube: www.youtube.com/slclivemeetings
SLCtv Channel 17 Live: www.slctv.com/livestream/SLCtv-Live/2
If you are interested in participating or provide general comments, email;
planning.comments@slcgov.com or connect with us on Webex at:
http://tiny.cc/slc-pc-09302020
Instructions for using Webex will be provided on our website at SLC.GOV/Planning
PLANNING COMMISSION MEETING WILL BEGIN AT 1:00 PM
APPROVAL OF MINUTES FOR AUGUST 26, 2020
REPORT OF THE CHAIR AND VICE CHAIR
REPORT OF THE DIRECTOR
WORK SESSIONS: No public comment will be heard
1. 800 South & State Street Design Review at approximately 754 S. State St. Aabir Malik,
an applicant with Colmena Group, is requesting Design Review approval to develop a portion
of the former Sears property into an 11-story, 120 foot tall, mixed-use development consisting
of ground floor retail and 360 multi-family residential units in upper floors. The applicant is
requesting Design Review approval to allow for additional building height, modification to the
spacing of building entrances and to exceed the maximum street facing facade length. The
project site is located in the D-2 (Downtown Support) zoning district and is located within
Council District 4, represented by Ana Valdemoros (Staff Contact: Nannette Larsen at (801)
535-7645 or nannette.larsen@slcgov.com) Case number PLNPCM2020-00439
2. Deleting Special Exceptions from the Zoning Ordinance & Associated Ordinance
Changes - Mayor Erin Mendenhall, at the request of the Planning Division, is requesting
amendments to the zoning ordinance regulations regarding special exceptions. The proposal
would delete and eliminate the special exception process from the zoning ordinance. A
special exception is a minor alteration of a dimensional requirement of the zoning ordinance
or addresses accessory uses and structures. There are more than forty special exceptions
authorized in the zoning ordinance. The proposal addresses each special exception and
results in each special exception being deleted, permitted, or authorized through a different
process in the zoning ordinance. Some special exceptions that will become permitted include
changes to standards to add flexibility and reduce impacts. Special exceptions are approved
by staff of the Planning Division, the Planning Commission, or Historic Landmark Commission.
82
The proposed amendments involve multiple chapters of the Zoning Ordinance. Related
provisions of Title 21A-Zoning may be amended as part of this petition. The changes would
apply Citywide. This briefing is intended to introduce the changes to the Commission in
anticipation of a future public hearing. (Staff contact: Nick Norris at (801) 535-6173 or
nick.norris@slcgov.com) Case number PLNPCM2020-6060
For Planning Commission agendas, staff reports, and minutes, visit the Planning Divisions website at
slc.gov/planning/public-meetings. Staff Reports will be posted the Friday prior to the meeting and minutes will be posted
two days after they are ratified, which usually occurs at the next regularly scheduled meeting of the Planning
Commission.
83
SALT LAKE CITY PLANNING COMMISSION MEETING
This meeting was held electronically pursuant to the
Salt Lake City Emergency Proclamation
Wednesday, September 30, 2020
A roll is being kept of all who attended the Planning Commission Meeting. The meeting was
called to order at 1:00:43 PM. Audio recordings of the Planning Commission meetings are
retained for a period of time.
Present for the Planning Commission meeting were: Chairperson, Adrienne Bell; Vice
Chairperson, Brenda Scheer; Commissioners, Maurine Bachman, Amy Barry, Carolynn
Hoskins, Jon Lee, Matt Lyon, Sara Urquhart, and Crystal Young-Otterstrom. Commissioner
Andres Paredes was excused.
Planning Staff members present at the meeting were: Nick Norris, Planning Director; Wayne
Mills, Planning Manager; Paul Nielson, Attorney; Nannette Larsen, Principal Planner; and
Marlene Rankins, Administrative Secretary.
APPROVAL OF THE AUGUST 26, 2020, MEETING MINUTES. 1:00:59 PM
MOTION 1:01:09 PM
Commissioner Scheer, moved to approve the August 26,2020 meeting minutes.
Commissioner Urquhart seconded the motion. Commissioners Lyon, Scheer, Barry,
Urquhart, Bachman and Bell voted Aye. Commissioner Lee abstained from voting as
he was not present for the said meeting. The motion passed 6-1.
REPORT OF THE CHAIR AND VICE CHAIR 1:02:04 PM
Chairperson Bell stated she had nothing to report.
Vice Chairperson Scheer stated she had nothing to report.
REPORT OF THE DIRECTOR 1:02:18 PM
Nick Norris, Planning Director, thanked the Commission for attending the meeting for work
session items.
2:25:25 PM
Deleting Special Exceptions from the Zoning Ordinance & Associated Ordinance Changes
Mayor Erin Mendenhall, at the request of the Planning Division, is requesting amendments to
the zoning ordinance regulations regarding special exceptions. The proposal would delete and
eliminate the special exception process from the zoning ordinance. A special exception is a minor
alteration of a dimensional requirement of the zoning ordinance or addresses accessory uses and
84
structures. There are more than forty special exceptions authorized in the zoning ordinance. The
proposal addresses each special exception and results in each special exception being deleted,
permitted, or authorized through a different process in the zoning ordinance. Some special
exceptions that will become permitted include changes to standards to add flexibility and reduce
impacts. Special exceptions are approved by staff of the Planning Division, the Planning
Commission, or Historic Landmark Commission. The proposed amendments involve multiple
chapters of the Zoning Ordinance. Related provisions of Title 21A-Zoning may be amended as
part of this petition. The changes would apply Citywide. This briefing is intended to introduce the
changes to the Commission in anticipation of a future public hearing. (Staff contact: Nick Norris
at (801) 535-6173 or nick.norris@slcgov.com) Case number PLNPCM2020-6060
Nick Norris, Planning Director, briefed the commission with an overview of the proposal and
seek input on 5 key issues with the proposal.
The Commission and Staff discussed the following:
Front yard parking: proposal is to eliminate.
a. Have an issue with eliminating it.
b. May impact more modest neighborhoods than wealthier neighborhoods. Some
westside neighborhoods have narrow lots where side/rear cannot be accessed. It is
not just the avenues or capitol hill.
c. Reality is that even if someone has a driveway that leads to a garage, they park in
the portion of the driveway in the front yard. If that is allowed, how is this any
different in terms of seeing cars parking in the front yard area?
d. Would like to see a proposal to allow it with some standards (dimensions, materials,
location within front yard)
e. If the block face has driveways, it should be allowed.
f. Consider standards about parking slab being located closer to the side property line
so it is similar to other driveways and not going directly into the middle of the lot.
Commercial Building height
a. Is this an issue that is created by how building height is measured in commercial
districts?
i. For example, if the height is averaged on one slope, how does that translate
to the next building face? One side gets the benefit of the slope, but the
other doesnt so in effect it is a meaningless.
b. Try to figure out how to allow this when it isnt adding an additional story of habitable
space. Like if the front yard is fine, but the property slopes towards the back, can the
rear of the building be level with the street facing façade?
c. Can it be based on the length of the lot? Really wide lots may have to have some
sort of stepping.
Ground Mounted utility boxes
a. Support removing them from the ROW or private developments.
b. Understands the need for flexibility with underground power requirements and the
tradeoff with some utility boxes.
Accessory building height
a. Concerns with just allowing an accessory building up to 75% of the height of the
principal structure. What if the principal building is 35 feet tall, should the accessory
building be allowed to be almost as tall as the maximum principal building of 28 feet?
i. Consider an up to height as part of the increased height.
85
b. Concerned with the use of second stories on accessory buildings.
Inline additions
a. Want to find a way to allow them inside yards.
i. Can we allow a single-story addition to follow the existing setback line, but
require a second story to comply with current step backs?
b. OK with the front and rear yard proposals.
Next Steps:
Engagement period ends on Oct 11th. Will see if there are any additional issues and
address them when this comes back to the PC
Will work on addressing the key issues above and work solutions into the proposal.
Targeting November PC meeting for a public hearing due to workloads but would like to
transmit by end of December.
The meeting adjourned at 3:05:03 PM
86
3B. PLANNING COMMISSION WORK SESSION SEPTEMBER 30, 2020
ii. STAFF REPORT
87
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 406 www.slcgov.com
PO BOX 145480 SALT LAKE CITY, UT 84114-5480 TEL 801-535-7757 FAX 801-535-6174
PLANNING DIVISION
COMMUNITY & NEIGHORHOOD DEVELOPMENT
Staff Report
To: Salt Lake City Planning Commission
From: Nick Norris, 801-535-6173, nick.norris@slcgov.com
Date: September 25, 2020 (publication)
Re: PLNPCM2020-00606 Special Exception Changes Text Amendment
Zoning Text Amendment
REQUEST:
Mayor Erin Mendenhall, at the request of the Planning Division, is requesting amendments to
the zoning ordinance regulations regarding special exceptions. The proposal would delete and
eliminate the special exception process from the zoning ordinance. A special exception is a
minor alteration of a dimensional requirement of the zoning ordinance or addresses accessory
uses and structures. There are more than forty special exceptions authorized in the zoning
ordinance. The proposal addresses each special exception and results in each special exception
being deleted, permitted, or authorized through a different process in the zoning ordinance.
Some special exceptions that will become permitted include changes to standards to add
flexibility and reduce impacts. Special exceptions are approved by staff of the Planning Division,
the Planning Commission, or Historic Landmark Commission. The proposed amendments
involve multiple chapters of the Zoning Ordinance. Related provisions of Title 21A-Zoning may
be amended as part of this petition. The changes would apply Citywide.
RECOMMENDATION:
This is a briefing only. The purpose of the briefing is to introduce the Planning Commission to
the proposal, the purpose of the project, identify key issues, and answer questions.
ATTACHMENTS:
A. Public Information Guide
Petition Description
The special exception code changes project is a proposal to eliminate the special exception
process from the Salt Lake City Zoning Ordinance. There are more than 40 authorized
exceptions in the zoning ordinance. This proposal would result in one of the following actions
for each authorized special exception:
Prohibit exceptions that are routinely denied;
88
Special Exception Text Amendment
Permit exceptions with additional standards for those exceptions that are routinely
approved; or
Move specific exceptions to other processes already authorized in the ordinance.
The number of special exception applications have
grown from 37 in 2011 to 149 in 2019. The increase is
directing staff resources away from addressing
citywide growth-related issues and instead focusing
staff resources towards individual developments.
Special exceptions required the equivalent of almost
two full time employees to process the applications in
2019. This accounts for about 10% of the total
workload.
Special exceptions have grown in scope and level of controversy. Without any real cap on the
scope of an exception, the requested exceptions are asking for larger modifications. This is
increasing the amount of staff required to respond to inquiries, answer questions, negotiate
with the applicant, and decide each application.
Proposed Changes and Most Frequently Applied for Special Exceptions
The number of changes to remove special exceptions from the ordinance are extensive. The
key changes are discussed below and based on the most frequently applied for exceptions. The
chart shows the number of applications
received in the last three years for each
type of special exception.
Unit Legalizations: Regulations will be
relocated to the nonconforming chapter
because this is recognized an existing use
that has been in existence prior to the
current zoning regulations.
Replacing Non-Complying Building or
building segment: regulations will be
moved to noncomplying section because
these are legally existing structures that
retain certain noncomplying status rights.
Home Day Care: This will be addressed
through another text amendments that
will make home day cares permitted or conditional uses based on the number of children
cared for.
Hobby Shops: These will become permitted uses in accessory buildings.
Type of Special Exception # of
applications
Unit Legalizations 32
Replace Noncomplying Building 37
Home Day Care 37
Hobby Shop 42
Grade Changes 43
Mechanical Equipment in Required
Yard 44
Additional Height Accessory Building 47
HLC Bulk Modification 51
Inline Additions 97
Fence Height 104
What is a special exception?
A special exception is a minor
modification to a dimensional
standard or accessory use with
minimal impact to adjacent
properties.
Top ten most applied for special exceptions for
the past three years
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Special Exception Text Amendment
Grade Changes: specific regulations will be added to reduce the size of retaining walls
necessary to retain the associated grade changes. The retaining walls will be required to be
stepped based on the base zoning districts.
Mechanical equipment in required yards: Will be permitted with setback and screening
requirements added to reduce negative impacts.
Additional Accessory Building Height. The permitted height will remain at seventeen feet for
most residential districts (SR-1 and SR-1A have different height requirements). However, the
height may be increased up to 75% of the height of principal building for an equal increase to
side yard and rear yard setbacks.
HLC Bulk Modifications: the authority of the Historic Landmark Commission would remain
and authorized through the required process in the overlay zoning district for new
construction and additions. Currently two different applications are required. This would
reduce the need for a redundant application. Staff authority would be expanded to allow for
similar allowances for minor modification applications.
Inline Additions: additions to a side yard where the building does not comply with the
minimum requirement would be prohibited. Additions in a front or rear yard would be
allowed when a portion of the building already encroaches into a required front or rear yard.
This is because front yard and rear yard setbacks are larger than side yard setbacks and do not
create the same impacts to neighboring properties.
Fence Height: this would be deleted. Specific maximum heights would be added. The HLC
and PC will retain the ability to approve taller fences to mitigate a negative impact associated
with a land use application. (this is being processed as a separate text amendment).
Other changes can be found in Attachment A as a quick summary of what would happen to
each special exception. The proposed text changes can be found in Attachment B.
Review Processes: Zoning Text Amendment
Zoning text amendments are reviewed against four considerations, pertaining to whether
proposed code is consistent with adopted City planning documents, furthers the purposes of the
zoning ordinance, are consistent with other overlay zoning codes, and the extent they
implement best professional practices. These factors will be fully analyzed in the final staff
report prepared for the public hearing.
The primary focus of this text amendment is addressing best professional practices in managing
growth by implementing the following practices:
removing processes that are preventing staff resources from being allocated to growth
related issues,
modernizing the zoning ordinance by removing outdated regulations and processes
(such as special exceptions that are rarely, if ever, applied for),
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Special Exception Text Amendment
removing regulations that restrict property rights, do not create unexpected impacts,
and that do not reflect current trends in how property is used for accessory and ancillary
land uses, and
removing regulations that are not necessary to protect and further the health, safety,
and welfare of the neighborhoods located in the city.
City Code amendments are ultimately up to the discretion of the City Council and are not
controlled by any one standard.
Community Input
The following is a list of public meetings that have been held, and other public input
opportunities, related to the proposal that have been received as of Friday, September 25, 2002:
Early notification/online Open House notices e-mailed out August 13, 2020.
o Notices were e-mailed to all recognized community organizations (community
councils) per City Code 2.60 with a link to the online open house webpage
One community council (Sugar House) requested that staff attend and
present the changes to their Land Use and Zoning Committee
On September 21, 2020 staff attended the meeting over video
conference, reviewed the proposal, and answered questions. The
discussion included the following key subjects:
o The application fee and the degree to which an application
is subsidized.
o The ability of the decision makers to require additional
fence height to address impacts between incompatible
land uses, including when apartment buildings are next to
single family.
o Whether or not the ability to modify bulk requirements,
such as setbacks, building heights, etc. would apply to
historic buildings that not located within an existing
historic district.
No other formal input has been received from any community councils.
One email has been received from a resident of the East Bench
Community. The text from that email is copied below. The actual email
will be provided as part of the staff report for the public hearing on this
item.
Hello Nick
I totally agree with your premise on the new special exception process
changes, frankly the city is already overwhelmed with frivolous requests
on a number of subjects.
I also have some further recommendations and would to participate to
help you to evaluate the wider problem.
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Special Exception Text Amendment
We have several District chairpersons ( District 5, 6 etc) that are stoking
the fire with these notices of special exceptions. I would think this is
driving more people to call into the zoning and planning office, only to
stymie the process and become actual obstacles for your Dept.
Please find attached meeting minutes June 17, 2020. Item 7, brought up
the subject of a neighbor in Indian Hills subdivision and his special
exception for building a home and height limits. The neighbor and
architect already had engaged with zoning and planning and they had
already gone through and contacted each of the abutting neighbors to
work through the issue. Our chairperson (Aimee Burrows) decided to
'follow through' with the process as if to say she was the street captain on
zoning and planning. I told her it was a frivolous use of our time. The
neighbor is already following the protocols then we should not allow our
District Chairs to muddy up your depts. time by making more work.
I propose to you that zoning and planning does not need anymore 'help;
from local District Council meetings and that a statement should be
mentioned in your new process changes to not encourage creating
anymore duplicate work for special exceptions. And although we all have
the right to public information, it is not the charter of local meetings to
drive special exception agenda. We need to be more efficient, don't you
agree?
o The American Institute of Architects Utah Chapter was notified of the proposed
amendments on September 17, 2020. The Planning Division asked for their help
in notifying the local architecture community. No response has been provided.
o Information on the online open house posted to the Planning Division website
was posted on August 13, 2020. The information was emailed out to the Planning
Division list-serve every other week from August 14, 2020 through the October
11, 2020 early engagement period. Website analytics as of September 22, 2020
indicate 135 people have accessed the public information on the Planning
Division website concerning this item.
Changes That are Most Likely to be Controversial:
Most of the changes associated with this proposal are minor in nature. However, some of the
changes require more study and input before they can be adequately addressed and may be
controversial. It is possible that additional challenges are identified before the public hearing.
The known issues are discussed below:
1. Inline Additions
Proposed Change:
Remove the special exception process from the ordinance and require inline additions
to comply with existing side yard setbacks but allow inline additions in front and rear
yards when a portion of the building already encroaches into the front or rear yard.
An inline addition is an addition to an existing building where the building does not meet the
minimum setback requirements. Inline additions have become a popular application for
additions to homes. Most inline additions are requested for older homes that were built at a
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Special Exception Text Amendment
time when building setbacks, mostly side yards, were related to the height of the structure. If a
structure was relatively low in height, such as a small cottage or bungalow, it could have smaller
side yards. Buildings built prior to zoning also have setbacks that are noncomplying.
This proposal would require additions to comply with existing side yard setbacks. This is being
proposed to reduce the impacts that additions to noncomplying buildings have on adjacent
properties. While a property owner clearly knows how close the existing building is to their
property, an addition that increases that impact may not be expected. The proposal would allow
inline additions in the rear and front yards when a portion of the building already encroaches
into a required yard but would not be allowed to encroach further into a required yard. This is
because in most cases the front and rear yards are larger, and the impacts are already reduced.
2. Extra Height in Commercial Districts
This special exception is proposed to be deleted. However, recent development proposals have
indicated that the rules for measuring height may be problematic on sloping lots. Prior to a final
recommendation, the Planning Division will consider practical ways to address this so that
property owners do not have to go through a process to address issues with sloping lots.
3. Ground Mounted Utility Boxes in Rights of Way.
City staff from Planning, Transportation, and Engineering are proposing eliminating above
grade ground mounted utility boxes from being in the rights of way when the utility boxes are
only serving a private development. The purpose for this is that the equipment and
infrastructure necessary for development should be provided on the private property associated
with that development. When utility boxes are in the rights of way, it impacts the future use of
the rights of way and limits the citys ability to make changes, such as planting more trees,
building protected bike lanes, widening sidewalks, and providing utility upgrades.
4. Bulk Modifications within the H Historic Preservation Overlay District
The ability of the Historic Landmark Commission to make modifications to setbacks, building
heights, and other dimensional requirements helps new development fit into the historic
development patterns of local historic districts. This authority is proposed to be authorized
trough the existing processes required for changes to historic properties instead of requiring a
second application and process. Staff is also considering expanding this authority to the
planning staff for minor alterations that are approved at a staff level. This would allow staff to
make some modifications in situations where someone is restoring a historic structure to its
original condition when the current ordinance prohibits it or when additions to historic
buildings require some modification to reduce the impact to the historic structure.
DEPARTMENT REVIEW COMMENTS RECEIVED AS OF 9/24/2020:
Planning Staff Note: This proposal was routed to the City Departments and Divisions for
review on August 11, 2020. In addition, a follow up meeting is scheduled for September 30,
2020 with Engineering and Building Services to discuss ground mounted utility boxes and how
to address them. Below are submitted comments from each Department or Division and a
summary of associated meetings.
Airports: no comments received.
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Special Exception Text Amendment
Building Services (zoning review): Indicated that they thought this would be time saver
for staff and would be helpful. They provided specific changes to the following sections
of the proposal:
Building Services (civil enforcement): no comments received
Economic Development: inquired about eliminating the ability to seek additional
building height in commercial districts. Planning staff provided the department with the
number of applications received requesting additional height in commercial districts
and information on other processes available to seek additional height. The Division
also mentioned that there will be a future analysis of building heights in commercial
districts to align with building code requirements, promote more housing, and
encourage improved street engagement. Comments were provided by Roberta
Reichgelt.
Engineering: no comments received; however, a specific meeting is scheduled for
September 30, 2020 to discuss.
Finance: no comments received. This was routed to Finance due to the impact on
revenue from special exception application fees. It is anticipated that Planning Division
revenue will decrease by $40,000 to $45,000 per year.
Fire Department: no comments provided.
Housing and Neighborhood Development: no comments provided.
Information Management Services (IMS): no comments provided. Deleting special
exceptions will require deactivating the application in the Accela system.
Mayors Office: The Mayor was briefed on the concept before the petition was initiated.
The Mayor asked that the project include a comprehensive approach and that changes
be considered to maintain flexibility while limiting impacts.
Parks and Public Lands: no comments provided
Police Department: no comments provided.
Public Services: no comments provided
Public Utilities: no comments provided
Redevelopment Agency: The RDA indicated that they supported the changes because
they will help to streamline the building permit review process and provide more
predictability for property owners. Comments provided by Lauren Parisi.
Sustainability: no comments provided.
Transportation: Indicated that they had no suggested changes. Comment provided by
Michael Barry.
Urban Forestry: no comments provided
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Special Exception Text Amendment
NEXT STEPS:
The public comment period for this item runs through October 11, 2020. After the public
comment period ends, the Planning Division will review the comment received (both internal
and external) and make modifications to the proposal as needed.
Due to Planning Commission workloads, this item is not likely to be scheduled for a public
hearing until November 18, 2020. Please note that this is the third Wednesday of November.
The meeting date has been changes to accommodate Veterans Day on November 11, 2020.
It is possible that this item may be scheduled for a public hearing on October 28, 2020
depending on how many private development applications are ready to be heard on that date.
That date already has two other city text amendments that are time sensitive. The goal is to
have a recommendation and transmit this change to the City Council by the end of the calendar
year.
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Special Exception Text Amendment
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4. HISTORIC LANDMARK COMMISSION PUBLIC HEARING
NOVEMBER 5, 2020
A. AGENDA AND MINUTES
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SALT LAKE CITY PLANNING DIVISION
HISTORIC LANDMARK COMMISSION MEETING AGENDA
This meeting will be an electronic meeting pursuant to the
Salt Lake City Emergency Proclamation
November 5, 2020, at 5:30 p.m.
(The order of the items may change at the Commissions discretion)
This meeting will be an electronic meeting pursuant to the Chairs determination that
conducting the Historic Landmark Commission Meeting at a physical location presents a
substantial risk to the health and safety of those who may be present at the anchor location.
We want to make sure everyone interested in the Historic Landmark Commission meetings can
still access the meetings how they feel most comfortable. If you are interested in watching the
Historic Landmark Commission meetings, they are available on the following platforms:
YouTube: www.youtube.com/slclivemeetings
SLCtv Channel 17 Live: www.slctv.com/livestream/SLCtv-Live/2
If you are interested in participating during the Public Hearing portion of the meeting or provide
general comments, email; historiclandmarks.comments@slcgov.com or connect with us on Webex
at:
http://tiny.cc/slc-hlc-11052020
Instructions for using Webex will be provided on our website at SLC.GOV/Planning
HISTORIC LANDMARK COMMISSION MEETING WILL BEGIN AT 5:30 PM
Approval of Minutes for October 1, 2020
Report of the Chair and Vice Chair
Directors Report
Public Comments - The Commission will hear public comments not pertaining to items listed
on the agenda.
Public Hearings
1. Fisher Mansion Carriage House Chemical Coating at approximately 1206 West 200
South - CRSA, on behalf of Salt Lake City Parks and Public Lands, is requesting a Major
Alteration to the Carriage House associated with the Fisher Mansion. The applicant is
requesting approval to administer an anti-graffiti coating to the exterior of the Fisher Mansion
Carriage House located at 1206 W. 200 S. The anti-graffiti coating is associated with the
approved adaptive reuse of the carriage house as a River Recreation and Community
Engagement Hub. The subject property is located at 1206 W. 200 S., which is designated as
a Salt Lake City Landmark Site. Both structures, the mansion and the carriage house, are
listed as contributing to the landmark site. The subject property is located within the I
(Institutional) zoning district and within Council District 2, represented by Andrew Johnston.
(Staff Contact: Kelsey Lindquist at (385) 226-7227 or kelsey.lindquist@slcgov.com) Case
number PLNHLC2020-00509
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2. Harvard Avenue Landscape Alterations at approximately 1362 E Harvard Avenue -
Dean Anesi, Landscape Designer, on behalf of the property owners, Joan Hammond, and
Joe Dick, is requesting approval from the City for site grading, landscaping, and a 20 high,
stone veneer wall installed in the front yard without a Certificate of Appropriateness at the
above-listed address. This type of project must be reviewed as a minor alteration to a property
in a historic district. The house is a contributing building within the SLC Harvard Heights
Historic District and is zoned R-1-7,000 Single-Family Residential District. The subject
property is within Council District 6, represented by Dan Dugan. (Staff contact: Nelson Knight
at (801) 535-7758 or nelson.knight@slcgov.com) Case number PLNHLC2020-00692
3. Special Exception Text Changes - Deleting Special Exceptions from the Zoning Ordinance
and Associated Ordinance Changes. Mayor Erin Mendenhall, at the request of the Planning
Division, is requesting amendments to the zoning ordinance regulations regarding special
exceptions. The proposal would delete and eliminate the special exception process from the
zoning ordinance. A special exception is a minor alteration of a dimensional requirement of
the zoning ordinance or addresses accessory uses and structures. There are more than forty
special exceptions authorized in the zoning ordinance. The proposal addresses each special
exception and results in each special exception being deleted, permitted, or authorized
through a different process in the zoning ordinance. Some special exceptions that will become
permitted include changes to standards to add flexibility and reduce impacts. Special
exceptions are approved by staff of the Planning Division, the Planning Commission, or
Historic Landmark Commission. The ability to make exceptions to bulk and lot dimensional
requirements in local historic districts will be retained through the processes outlined in
21A.34.020 of the City Code. The proposed amendments involve multiple chapters of the
Zoning Ordinance. Related provisions of Title 21A-Zoning may be amended as part of this
petition. The changes would apply Citywide. (Staff contact: Nick Norris at (801) 535-6173 or
nick.norris@slcgov.com) Case number PLNPCM2020-0606
Other Business
Chairperson and Vice-Chairperson elections
The next regular meeting of the Commission is scheduled for Thursday, December 3, 2020,
unless a special meeting is scheduled prior to that date.
For Historic Landmark Commission agendas, staff reports, and minutes, visit the Planning Divisions website at
slc.gov/planning/public-meetings. Staff Reports will be posted the Friday prior to the meeting and minutes will be
posted two days after they are ratified, which usually occurs at the next regularly scheduled meeting of the Historic
Landmark Commission.
Appeal of Historic Landmark Commission Decision
Anyone who is an adversely affected party as defined by Utah Code Section 10-9a-103, may appeal a
decision of the Historic Landmark Commission by filing a written appeal with the appeals hearing officer
within ten (10) calendar days following the date on which a record of decision is issued.
The applicant may object to the decision of the Historic Landmark Commission by filing a written appeal
with the appeals hearing officer within thirty (30) calendar days following the date on which a record of
decision is issued
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SALT LAKE CITY HISTORIC LANDMARK COMMISSION MEETING
This meeting was held electronically pursuant to the
Salt Lake City Emergency Proclamation
Thursday, November 5, 2020
A roll is being kept of all who attended the Historic Landmark Commission Meeting. The
meeting was called to order at 5:30:27 PM. Audio recordings of the Historic Landmark
Commission meetings are retained for a period of time.
Present for the Historic Landmark Commission meeting were: Chairperson Kenton Peters; Vice
Chairperson Robert Hyde; Commissioners Babs De Lay, John Ewanowski, Aiden Lillie, Victoria
Petro-Eschler, David Richardson, and Michael Vela.
Planning Staff members present at the meeting were: Nick Norris, Planning Director; Michaela
Oktay, Planning Deputy Director; Paul Nielson, Attorney; Kelsey Lindquist, Senior Planner; and
Nelson Knight, Senior Planner.
Chairperson Peters read the declaration to hold an electronic meeting without an anchor site.
APPROVAL OF THE OCTOBER 1, 2020, MEETING MINUTES. 5:35:51 PM
MOTION 5:35:57 PM
Commissioner Richardson moved to approve the October 1, 2020 meeting minutes.
Commissioner Petro-Eschler seconded the motion. The three new commissioners abstained
from voting. Commissioners Hyde, Richardson, Petro-Eschler, and Vela voted Aye. The
motion passed unanimously.
REPORT OF THE CHAIR AND VICE CHAIR 5:37:18 PM
Chairperson Peters welcomed our three new commissioners!
Vice Chairperson Hyde stated he had nothing to report.
REPORT OF THE DIRECTOR 5:38:17 PM
Michaela Oktay let the commission know that we can make badges for HLC members to wear
so if they visit a site they can show official credentials. Marlene will send out an email and each
commissioner can contact HR to have one made.
Public Comment- Chair Peters asked if there were any members of the public who wanted to
provide public comments. There were no responses from the public. Director Norris showed a
presentation how to raise the hand on webex, he also went through all the ways the public can
alert the commission and staff how to participate.
7:46:31 PM
Special Exception Text Changes - Deleting Special Exceptions from the Zoning Ordinance and
Associated Ordinance Changes. Mayor Erin Mendenhall, at the request of the Planning Division,
is requesting amendments to the zoning ordinance regulations regarding special exceptions. The
proposal would delete and eliminate the special exception process from the zoning ordinance. A
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special exception is a minor alteration of a dimensional requirement of the zoning ordinance or
addresses accessory uses and structures. There are more than forty special exceptions
authorized in the zoning ordinance. The proposal addresses each special exception and results
in each special exception being deleted, permitted, or authorized through a different process in
the zoning ordinance. Some special exceptions that will become permitted include changes to
standards to add flexibility and reduce impacts. Special exceptions are approved by staff of the
Planning Division, the Planning Commission, or Historic Landmark Commission. The ability to
make exceptions to bulk and lot dimensional requirements in local historic districts will be retained
through the processes outlined in 21A.34.020 of the City Code. The proposed amendments
involve multiple chapters of the Zoning Ordinance. Related provisions of Title 21A-Zoning may be
amended as part of this petition. The changes would apply Citywide. (Staff contact: Nick Norris at
(801) 535-6173 or nick.norris@slcgov.com) Case number PLNPCM2020-0606
Nick Norris, Planning Director, reviewed the petition as outlined in the Staff Report (located in
the case file).
The Commission and Staff discussed the following:
Retention of HLC authority when it pertains to special exceptions
The importance of addressing the multiple special exceptions authorized and fixing the
code
Overall a valuable and well thought out amendment.
PUBLIC HEARING 8:11:00 PM
Chairperson Peters opened the Public Hearing;
Cindy Cromer Stated that the importance of the special exceptions authorized by the HLC.
She mentioned projects of different use and magnitude that were only possible since the
institution of HLC authorization of special exceptions. A well done project.
Seeing no one else wished to speak; Chairperson Peters closed the Public Hearing.
The Commission made the following comments:
All for simplifying the process. All HLC authorities are maintained, simplified and a step in
the right direction.
Supportive of all the changes, a great idea.
MOTION 8:14:33 PM
Commissioner Hyde stated, based on the information in the staff report, the information
presented, and the input received during the public hearing, I move that the Historic
Landmark Commission recommend that the City Council approve the proposed text
amendment, PLNPCM2020-00606 Special Exception Text Amendment.
Commissioner Richardson seconded the motion. Commissioners Lillie, DeLay,
Richardson, Ewanowski, Vela, Petro-Eschler, and Hyde voted Aye. The motion passed
unanimously.
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4. HISTORIC LANDMARK COMMISSION PUBLIC HEARING
NOVEMBER 5, 2020
B. STAFF REPORT
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PLANNING DIVISION
COMMUNITY & NEIGHORHOOD DEVELOPMENT
Staff Report
To: Salt Lake City Historic Landmark Commission
From: Nick Norris, 801-535-6173, nick.norris@slcgov.com
Date: October 29, 2020 (publication)
Re: PLNPCM2020-00606 Special Exception Changes Text Amendment
Zoning Text Amendment
REQUEST:
Mayor Erin Mendenhall, at the request of the Planning Division, is requesting amendments to
the zoning ordinance regulations regarding special exceptions. The proposal would delete and
eliminate the special exception process from the zoning ordinance. A special exception is a
minor alteration of a dimensional requirement of the zoning ordinance or addresses accessory
uses and structures. There are more than forty special exceptions authorized in the zoning
ordinance. The proposal addresses each special exception and results in each special exception
being deleted, permitted, or authorized through a different process in the zoning ordinance.
Some special exceptions that will become permitted include changes to standards to add
flexibility and reduce impacts. Special exceptions are approved by staff of the Planning Division,
the Planning Commission, or Historic Landmark Commission. The proposed amendments
involve multiple chapters of the Zoning Ordinance. Related provisions of Title 21A-Zoning may
be amended as part of this petition. The changes would apply Citywide.
RECOMMENDATION:
Briefing and public hearing only. This proposal involves multiple chapters of the code and
changes regulations that apply city wide. The purpose of the briefing is to inform the Historic
Landmark Commission (HLC) on the proposal and the process to date, specifically in regards
to how the changes impact the authority of the HLC and the Planning Division when reviewing
certificates of appropriateness proposals within the H Historic Preservation Overlay District.
Although not required, the HLC may make a recommendation on the proposal. The
recommendation would be provided to the Planning Commission and forwarded to the City
Council for consideration.
ATTACHMENTS:
A. Quick guide of changes to each special exception
B. Proposed Text Amendment
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C. Analysis of Zoning Amendment Factors
D. Public Outreach Summary
E. Department Review Summary
Petition Description
The special exception code changes project is a proposal to eliminate the special exception
process from the Salt Lake City Zoning Ordinance. There are more than 40 authorized
exceptions in the zoning ordinance. This proposal would result in one of the following actions
for each authorized special exception:
Prohibit exceptions that are routinely denied;
Permit exceptions with additional standards for those exceptions that are routinely
approved; or
Move specific exceptions to other processes already authorized in the ordinance.
For the purposes of the HLC, the major change proposed result in moving special exceptions
under the certificate of appropriateness process.
The number of special exception applications have
grown from 37 in 2011 to 149 in 2019. The increase is
directing staff resources away from addressing
citywide growth-related issues and instead focusing
staff resources towards individual developments.
Special exceptions required the equivalent of almost
two full time employees to process the applications in
2019. This accounts for about 10% of the total
workload.
Special exceptions have grown in scope and level of controversy, particularly outside of the H
Overlay. Without any real cap on the scope of an exception, the requested exceptions are
asking for larger modifications. This is increasing the amount of staff required to respond to
inquiries, answer questions, negotiate with the applicant, and decide on each application.
Proposed Changes
The number of changes to remove special exceptions from the ordinance are extensive. The
Planning Commission was briefed on those changes during a September 30, 2020 work
session. A quick guide to the changes can be found in Attachment A. The proposed text
changes can be found in Attachment B.
The most impactful change that impacts the HLC involves the authority of the HLC to address
bulk modifications. The HLC currently has the authority to approve bulk modifications as a
special exception. This includes building height, setbacks, lot coverages, and any other
regulation that deals with the placement of a building or structure on property located within
the H Historic Preservation Overlay Zoning District. This authority includes the ability of staff
to address bulk modifications to accessory buildings and structures and other proposals listed
as minor alterations. This has proven to be a beneficial tool for the HLC because it has
What is a special exception?
A special exception is a minor
modification to a dimensional
standard or accessory use with
minimal impact to adjacent
properties.
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provided flexibility in acknowledging that most historic buildings and development patterns
within local historic districts were established prior to zoning. It has allowed the HLC to focus
on design review standards with the overarching goal of preserving the integrity of a building,
site and the established historic context. It has provided a mechanism to develop some lots
within the city that were previously unbuildable and to design new construction on those lots
with buildings that fit into the historic context.
This proposal maintains that authority but eliminates the need to require a separate special
exception application and process. The process to approve modification of lot and bulk
standards would be now be retained through the existing Certificate of Appropriateness
processes outlined in 21A.34.020. The benefits of this change include:
property owners would only need one type of application instead of the two currently
required;
decisions would be based on the applicable standards in 21A.34.020 (alteration, new
construction) and the general standards for special exception would not be needed;
Review time for staff is reduced due to the reduced analysis necessary with elimination
of the special exception standards; and
Staff reports become shorter without the need for additional process review, motions,
etc.
The proposed changes include changing the authority section so that the surrounding context
is more applicable than the current ordinance requires. The current ordinance says that the
HLC can only approve a special exception if it is found that the underlying zoning district is
incompatible with the historic district or landmark site. That wording is being changed to
focus on the proposal complying with the applicable certificate of appropriateness standards
and being compatible with the surrounding historic structures.
Planning staff would be specifically granted the authority to approve modifications for those
things listed in the ordinance as minor alterations. Those items listed include:
1. Minor alteration of or addition to a landmark site or contributing site, building, and/or
structure;
2. Substantial alteration of or addition to a noncontributing site;
3. Partial demolition of either a landmark site or a contributing principal building or
structure;
4. Demolition of an accessory building or structure;
5. Demolition of a noncontributing building or structure; and
6. Installation of solar energy collection systems pursuant to section 21A.40.190 of this
title.
This would most likely be used for proposals that fall into items one and two. The HLC would
retain the authority to approve modifications for new construction and major alterations. The
Planning Division would retain the ability to refer a matter to the HLC for decision if there is a
question about the level of compliance with standards.
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It is conceivable that any of the proposed changes within this proposal could impact properties
within historic districts. However, the H Overlay District takes precedence over any other
base zoning district requirement or general provision within the ordinance.
Properties within the H Historic Overlay District may also be impacted by other proposed
changes. Those key changes are discussed within the “Community Input” and “Key Code
Changes” sections of this report. The provisions and processes within the H Overlay District
would not be impacted by the changes and all exterior modifications of a property subject to
the H Overlay would maintain some review process.
Applicable Review Processes and Standards
Review Processes: Zoning Text Amendment
Zoning text amendments are reviewed against four considerations, pertaining to whether
proposed code is consistent with adopted City planning documents, furthers the purposes of the
zoning ordinance, are consistent with other overlay zoning codes, and the extent they
implement best professional practices. This staff report focuses on the factors that are directly
related to the HLC and the H Historic Preservation Overlay District and can be found in
Attachment C.
The primary focus of this text amendment is addressing best professional practices in managing
growth by implementing the following practices:
removing processes that are preventing staff resources from being allocated to growth
related issues,
modernizing the zoning ordinance by removing outdated regulations and processes
(such as special exceptions that rarely, if ever, applied for),
removing regulations that restrict property rights and that do not reflect current trends
in how property is used for accessory and ancillary land uses, and
removing regulations that are not necessary to protect and further the health, safety,
and welfare of the neighborhoods located in the city.
City Code amendments are ultimately up to the discretion of the City Council and are not
controlled by any one standard.
Community Input
Public Outreach is summarized in Attachment D and includes who was noticed, when the notice
was sent, presentation and meetings held, and submitted comments. Below is a discussion of
the key issues identified by the community, how the comments relate to the proposal, and how
the comments were reflected in the proposed update. The following issues have been identified
through the public engagement process (as of October 29, 2020):
1. Outdoor Dining
The Department of Community and Neighborhoods have had several recent complaints about
outdoor dining and the impact to adjacent and nearby neighbors. The primary complaints
involve noise, proximity to property lines, and businesses not obtaining special exception
approvals. The proposed changes would allow outdoor dining as a permitted use to a restaurant,
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coffee shop, or other food serving business. The proposal maintains some existing standards
and adds some new standards:
A ten-foot setback for outdoor dining when located next to a residential zoning district (new);
Limits amplified and live music to decibel levels required by the Salt Lake County Health
Department
2. Fence Heights and buffering
Changes to fence height are being processed as a separate application and those comments
related to this special exception have been included and analyzed in that project.
3. Discrepancy with Special Exception Approvals
The Planning Division did hear from a resident of the East Bench Neighborhood regarding
special exception approvals. The resident indicated that the process was used to create
inequities in property rights, with some property owners benefiting from the process and then
using the public process to deny other nearby property owners of the same benefits. The
Planning Division has heard similar complaints from applicants and the process does create the
potential for an applicant to gain approval if the neighbors are favorable towards a proposal and
be denied or have a more rigorous approval process if the neighbors are not in favor. There is
some risk that this creates unequal treatment and application of the special exception process
and standards.
4. Noncomplying Issues
Public comment was received identifying that many properties in the city likely have some level
of noncompliance due to the age of the building and changing zoning regulations. The comment
indicated that noncomplying issues should be resolved easily and retain property rights.
5. Front yard Parking
The Sugar House Community Council indicated that they do not support allowing front yard
parking. This is highlighted here because the Planning Commission indicated that it should be
allowed under narrow circumstances and the Planning Division has prepared a draft proposal
that follows the input of the Planning Commission.
6. Unit Legalizations
The comments received regarding unit legalizations focused on the need for the definition of a
unit to be applied more uniformly and updated if needed. This is separate from this proposal.
The comment including inconsistent application of the definition to include things such as water
heaters. However, that is not within the definition within the zoning ordinance and cannot be
used to determine if a unit is self-contained. The zoning definition of a dwelling unit is:
A building or portion thereof, which is designated for residential purposes of a
family for occupancy on a monthly basis and which is a self-contained unit with
kitchen and bathroom facilities. The term "dwelling" excludes living space within
hotels, bed and breakfast establishments, apartment hotels, boarding houses and
lodging houses.
It should be noted that this definition is being changed slightly as part of the Shared Housing
(formerly known as SROs) zoning amendment. The changes address a shared housing unit not
being fully self-contained.
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7. Vintage Signs
A comment was received about vintage signs and that they should be allowed in the CSHBD 2
(Sugar House Business District) zone. A vintage sign is a historic sign that adds some distinctive
nature to a neighborhood. Vintage signs can be relocated within the same zoning district, to be
moved with a business if it relocates, and are allowed to be used as public art in some zoning
districts. This comment is in reference to the use of vintage signs as public art. The ordinance
currently restricts this to the Downtown zones, Gateway Mixed Use, and Sugar House Business
District 1 zoning districts. The comment from the Sugar House Community Council is related
to adding CSHBD2 to the allowed zones where vintage signs could be relocated as public art.
The Planning Division updated the proposal to add this zoning district and other similar zoning
districts: FB-UN2, FB-UN3, FB-SC, FB-SE, TSA. It may be worth considering if vintage signs
create an impact in any commercial or mixed-use zoning district and allow them in those
districts as well.
KEY CODE CHANGES:
Most of the changes associated with this proposal are minor in nature. However, some of the
changes may have broader implications and deserve to be discussed in more detail. The
following specific issues were discussed by the Planning Commission during a work session and
are included as information for the Historic Landmark Commission.
1. Inline Additions
An inline addition is an addition to an existing building where the building does not meet the
minimum setback requirements. Inline additions have become a popular application for
additions to homes. Most inline additions are requested for older homes that were built at a
time when building setbacks, mostly side yards, were related to the height of the structure. If a
structure was relatively low in height, such as a small cottage or bungalow, it could have smaller
side yards. Buildings built prior to zoning also have setbacks that are noncomplying.
The HLC would retain the ability to approve appropriately designed inline additions. However,
outside of the H Overlay additions would be required to comply with existing side yard setbacks.
This is being proposed to reduce the impacts that additions to noncomplying buildings have on
adjacent properties. While a property owner clearly knows how close the existing building is to
their property, an addition that increases that impact may not be expected. The proposal would
allow inline additions in the rear and front yards when a portion of the building already
encroaches into a required yard but would not be allowed to encroach further into a required
yard. This is because in most cases the front and rear yards are larger than side yards and the
impacts are already reduced.
The Planning Commission supported allowing inline additions to buildings that already
encroach into a required front or rear yard. The proposal presented by the Planning Division
did not allow inline additions in noncomplying side yards that did not comply with current
side yard setbacks. This means that any new addition would be required to meet the setbacks.
The Commission requested that the Division consider options for inline additions in
noncomplying side yards and suggested limited those additions to single story in height or
rethinking how building height is measured.
108
After reviewing these options, the Planning Division is of the opinion that trying to
accommodate in line additions as suggested may trigger unintended consequences. The issues
identified by Planning Staff include:
Limiting an inline addition to a single story: this required defining what a single story
is, how it is measured, and how it interacts with the rest of the structure. For example,
an addition could add a single story that had a larger floor to ceiling height than the
existing structure, but still be considered a single story. The addition could potentially
be a 28-foot-tall space and have the same impacts that a two-story structure may have.
Establishing a new method to measure height for single story additions may create
unintended consequences to other structures and would require greater analysis.
There are tens of thousands single family structures in the city that were build prior to
the current side yard setbacks. Understanding the impact that such a change would
have to those properties and the adjacent properties is a challenging task that would
require significant staff research that is not currently available.
The HLC would retain the ability to modify setbacks, building height and other mass related
regulations within historic districts. Maintaining this authority creates a benefit for properties
within the H Overlay and is a relatively small, but effective, carrot for creating local historic
districts.
2. Front Yard Parking
The Planning Commission recommended that front yard parking be allowed provided there
are no other alternatives for off-street parking on the property. The Planning Division has
added standards that:
Only permits front yard parking when the property has no other off-street parking;
Limits front yard parking to residential uses;
The front or rear yard are not accessible due to the width of a side yard, lack of a side
yard, or lack of a wide enough rear yard for corner properties; and
Adds dimensional standards to ensure that the front yard parking does not impact the
sidewalk or bike lanes.
Front Yard parking is currently an authorized special exception, including in the H Overlay.
The applicable approval processes in the overlay would apply to any request for front yard
parking. Front yard parking would be considered a minor alteration in most circumstances
because it would be proposed on properties that were developed prior to parking requirements
being added to the Zoning Ordinance and new construction must comply with current parking
requirements, including location of the parking.
3. Additional Height for Accessory Structures
The primary concern raised by the Planning Commission involved how high an accessory
building could be if the principal structure was more than two stories in height. Standards
were added that:
Limited the increase to no more than 25% of the permitted height and restricts the
height to no more than 75% of the height of the principal structure;
Requires an increased setback of one foot for every one foot in additional height.
109
Several issues were identified by Planning staff regarding extra height and the likelihood for it
to promote second story use in accessory buildings. The existing special exception for extra
height in accessory buildings limited the extra height to storage purposes and did not allow
windows to face a neighboring yard. The use of the secondary story requires a separate special
exception under the current code. However, with the proposed changes, second story use
would be permitted.
The HLC already has the authority within the H Overlay to approve additional height for
accessory structures. This proposal does put some parameters around that additional height
that are not currently within the ordinance. However, the HLC would have the authority to
modify the height further on a case by case basis.
4. Commercial Building Height
The Planning Commission discussed that there could be some benefit for allowing extra height
on sloping lots in commercial zoning districts. The concerns raised were mainly focused on
buildings with wide frontages and the impact extra height would have. The ability to obtain
extra height, up to 10%, was added as a permitted increase provided that at least 50% of the
building volume complies with the height, the height allows for the top story to have level
floors without internal stepping, and the ground floor has a minimum height of twelve feet.
The HLC is currently granted this authority through the general modification to bulk
requirements within the code. As this typically applies to new construction, it would more
than likely be reviewed by the Commission and not at the staff level. It is possible however
that additions to commercial buildings that are within the H Overlay may be eligible for staff
review.
5. Ground Mounted Utility Boxes
The recommendation from the City is to prohibit ground mounted utility boxes in public rights
of way when the utility box is only serving private development. The reason for this change is
because the private development benefits from placing the boxes in the rights of way because
doing so does not require space on private property for private infrastructure. However, this
creates long term planning issues for the City because those boxes will never be able to be
moved out of the right of way if the City desires or needs to make changes to the rights of way.
Examples of city actions that may be impacted by allowing utility boxes to be placed in the
rights of way include planting trees, expanding underground infrastructure (such as water
pipes, storm drainage, or sewer lines), widening sidewalks, adding grade separate bike lanes,
managing curb space, and other public uses within the ROW.
The proposed prohibition would eliminate the ability for utility boxes within historic districts
to be placed in the public rights of way when the box is only serving a private development.
Utility boxes that serve the broader neighborhood would still be allowed provided they comply
with the size requirements in the code. It is possible that a utility box could be proposed in
excess of the size requirements because the size requirements are considered bulk regulations.
110
NEXT STEPS:
There are a few issues that remain unresolved and some modifications may be made after the
HLC public hearing. Those issues involve the key code changes discussed by the Planning
Commission. An additional issue that has been identified is additional building height in the
Foothill Zoning Districts. There are no local districts mapped within the Foothill Zoning
Districts. The relatively steep slopes and large grade changes across individual properties make
it difficult to build a new building are make additions to existing homes and comply with the
height requirements. This may be addressed by allowing minority percentage of the building to
exceed the height, like the proposal in commercial districts.
The HLC may provide a positive or negative recommendation for the proposed text
amendments. The recommendation will be sent to the Planning Commission and City Council,
who will hold a briefing and additional public hearing(s) on the proposed text amendments
amendment. The City Council may make modifications to the proposal and approve or decline
to approve the proposed zoning text amendments.
If the text amendments are approved by the City Council, appeals would be subject to the new
City ordinance standards.
The HLC may also recommend a modified version of the proposal. This would be advisable if
the commission identifies potential issues with any aspect of the proposal. Instances where this
may happen include:
The commission wants to add a standard or modify a proposed regulation;
The commission wants to delete a standard or requirement within the proposal;
The commission wants additional information about any aspect of the proposal.
There may be situations where the HLC makes a request and the Planning Division is not able
to provide information regarding that request. An example of this may be a request for a
significant amount of research or data that the Division does not have the capability to provide.
111
This is a simple summary of the proposed changes. Please refer to the draft code in Attachment
B for all proposed changes.
Additional Accessory structure height: increased height (up to 75% of the principal structure)
allowed with increase in setbacks
Accessory structures on double frontage lots: standards added to match location of accessory
buildings of the block.
Additional height for fences: removed exception process, sets maximum heights.
Additional building height in commercial districts: deleted special exception; will rely on
processes in base zoning district.
Additional height in foothill districts: deleted special exception
Additional height in R-1, R-2, SR districts: deleted special exception
Alternative to off street parking: deleted
Barbed wire fences: standards added, restricted to industrial and agricultural zones and for land
uses that require added security, such as public utility facilities.
Conditional home occupations: deleted. This was changed several years ago to permitted but
was not deleted from the special exception chapter.
Dividing exiting lots with existing detached dwellings: allowed through the subdivision process
with standards added.
Front yard parking: deleted
Grade changes over 4 feet: will become permitted with a step between retaining walls necessary
to retain the grade change.
Ground mounted AC units, pool equipment, etc. within 4 feet of side or rear property line:
deleted. Will be required to meet standards in code without exceptions.
Hobby shop, art studio, exercise room in accessory buildings: deleted, will become permitted.
Inline additions: permitted to match the existing building setback in front and rear yards;
prohibited when buildings don’t comply with side yard setbacks.
Home day care: will become permitted or conditional based on Utah Code requirements for
number of kids.
Outdoor dining in required yard: will be permitted with specific standards for setbacks, noise,
etc. when next to residential zone.
Razor wire fencing: limited to industrial and agricultural zones and some uses that require a
high level of security.
Replacement of noncomplying building or portion of a noncomplying building: allowed by right
within the noncomplying chapter of the zoning ordinance.
Underground encroachments: permitted in the encroachment table with standards.
112
Window mounted AC units: deleted special exception, will be permitted.
Vehicle and equipment storage in CG, M1, M2, EI: permitted with specific standards for water
quality and to reduce mud, dirt, gravel being carried onto public streets.
Ground mounted utility boxes: permitted in the public right of way if under a certain size and if
the box serves a broader area than just a private development and with specific standards.
Unit legalizations: will be addressed as a determination of nonconforming use in chapter
21A.38. Standards related to continuing use maintained. Other standards that require update
to parking standards deleted.
Vintage signs: Changed to permitted with existing standards in the ordinance, expanded where
a vintage sign could be used as public art.
Additional height for lights at sports fields: changed to permitted with screening of light
trespass, increased setback from residential uses.
Recreation equipment height in OS zone: capped at 60 feet in height with no exceptions.
Public utility buildings in OS zone: will be allowed to exceed building height for critical public
utility infrastructure. Does not include office buildings.
Fence and wall height over 6 feet for homeless resource centers: Planning Commission will be
given the authority to approve taller fences for buffering purposes.
Enlargement of structure with noncomplying use: allowed by right provided the addition
complies with zoning requirements.
Horizontal inline additions: permitted to match existing portions of buildings that do not meet
setback when the addition is in the front or rear yards, but prohibited in side yards.
Alteration to an existing SFD when the use is not allowed: alterations will be permitted.
Amateur HAM radio antennae over 75 feet in height: special exception deleted.
Electrical equipment for cell towers: will need to be in a side or rear yard with specific setback
and screening requirements.
Electrical security fences: deleted and will become nonpermitted.
Covered ADA ramps: deleted, will be addressed through a reasonable accommodation
authorized under federal laws.
Ground mounted utility boxes over a certain size in the right of way: will be deleted and required
to be located on private property when serving individual developments.
Front yard parking for SFD when side or rear yard not accessible: deleted and will no longer be
allowed.
Parking exceeding the maximum: deleted. Will be addressed through proposed changes to
parking ordinance.
Alternative parking requirements: deleted. Will be addressed through proposed changes to
parking ordinance.
Commercial signs in historic districts: delete special exception requirement; will be authorized
through existing processes in the Historic Preservation Overlay.
113
HLC bulk modifications: delete special exception requirement: will be authorized through
existing processes in the Historic Preservation Overlay.
114
Special Exception Text Amendment
115
Special Exception Code Changes (Current as of 10/26/2020)
This proposed ordinance makes the following amendments to Title 21A. Zoning:
Amends section 21A.06.050 C 6
Deletes section 21A.24.010 P 2
Amends section 21A.24.010 P 6
Amends section 21A.24.050.D.6.a
Amends section 21A.24.060.D.6.a
Amends sections 21A.24.070.D.6.a
Amends section 21A.24.080.D.6.a
Amends section 21A.24.100.D.6.a
Amends section 21A.24.110.D.6.a
Amends section 21A.26.010.J
Amends section 21A.32.100.D.3
Amends section 21A.32.100.D.4
Amends section 21A.32.100 H
Amends section 21A.34.120.G
Amends section Table 21A.36.020.B
Amends section 21A.36.350.A.3
Amends section 21A.38.040.H.2
Amends section 21A.38.050.A
Amends section 21A.38.050.G
Amends section 21A.38.060
Amends section 21A.38.070
Adds new section 21A.38.075
Amends section 21A.40.040
Amends section 21A.40.050.A.6
Amends section 21A.40.050.C
Amends section 21A.40.065
Amends section 21A.40.090.D
Amends section 21A.40.090.E.3.b
Adds new section 21A.40.100 Mechanical Equipment
Amends section 21A.40.120.I Barbed Wire Fences
Amends section 21A.40.120.J Razor Wire Fences
Amends section 21A.40.120.L Electric Security Fences
Amends section 21A.40.130 Access for Persons with Disabilities
Amends section 21A.40.160 Ground mounted Utility Boxes
Amends section 21A.44.090 Parking Modifications (this is the proposed parking chapter,
not the current parking chapter)
Amends section 21A.46.070.V Historic District signs
Amends section 21A.46.125 Vintage signs
Deletes chapter 21A.52 Special Exceptions
Makes technical changes
Makes changes to references associated with the amended sections
116
Underlined text is new; text with strikethrough is proposed to be deleted. All other text is
existing with no proposed change.
Amending 21A.06.050.C.6 1
6. Review and approve or deny certain special exceptions modifications to dimensional 2
standards for properties located within an H historic preservation overlay district. This 3
authority is also granted to the planning director or designee for applications within the 4
H Historic preservation overlay district that are eligible for administrative approval by 5
the planning director or zoning administrator. The certain special exceptions6
modifications to zoning district specific development standards are listed as follows and 7
are in addition to any modification authorized elsewhere in this title: 8
a. Building wall height;9
b. Accessory structure wall height;10
c. Accessory structure square footage;11
d. Fence height;12
e. Overall building and accessory structure height;13
f. Signs pursuant to section 21A.46.070 of this title; and14
g. Any modification to bulk and lot regulations, except density, of the underlying 15
zoning district where it is found that the underlying zoning would not be compatible 16
with the historic district and/or landmark site proposal complies with the applicable 17
standards identified in 21A.34.020 and is compatible with the surrounding historic 18
structures.19
20
Delete section 21A.24.010.P.2 (eliminating additional height in foothill zones)21
21A.24.010.P.222
Height Special Exception: The Planning Commission, as a special exception to the height 23
regulations of the applicable district, may approve a permit to exceed the maximum 24
building height but shall not have the authority to grant additional stories. To grant a 25
height special exception the Planning Commission must find the proposed plan:26
a. Is a design better suited to the site than can be achieved by strict compliance to 27
these regulations; and28
b. Satisfies the following criteria:29
(1) The topography of the lot presents difficulties for construction when the 30
foothill height limitations are applied,31
(2) The structure has been designed for the topographic conditions existing on 32
the particular lot, and33
(3) The impact of additional height on neighboring properties has been identified 34
and reasonably mitigated.35
c. In making these considerations the Planning Commission can consider the size 36
of the lot upon which the structure is proposed.37
d. The burden of proof is upon the applicant to submit sufficient data to persuade 38
the Planning Commission that the criteria have been satisfied.39
e. The Planning Commission may deny an application for a height special 40
exception if:41
117
(1) The architectural plans submitted are designed for structures on level, or 42
nearly level, ground, and the design is transposed to hillside lots requiring support 43
foundations such that the structure exceeds the height limits of these regulations;44
(2) The additional height can be reduced by modifying the design of the structure 45
through the use of stepping or terracing or by altering the placement of the structure on 46
the lot;47
(3) The additional height will substantially impair the views from adjacent lots, 48
and the impairment can be avoided by modification; or49
(4) The proposal is not in keeping with the character of the neighborhood. 50
Repealed51
Amending 21A.24.010 P 6 (modifying grade change requirements in foothill zones)52
6. Grade Changes: No grading shall be permitted prior to the issuance of a building 53
permit. The grade of any lot shall not be altered above or below established grade 54
more than four4 feet (4') at any point for the construction of any structure or 55
improvement except:56
a. Within the buildable area. Proposals to modify established grade more than 6 six57
feet (6') shall be reviewed as a special exception subject to the standards in 58
chapter 21A.52 of this title shall be permitted for the construction of below grade 59
portions of structures, egress windows, and building entrances. Grade change 60
transition areas between a yard area and the buildable area shall be within the 61
buildable area;62
b. Within the front, corner side, side and rear yard areas, proposals to modify 63
established grade more grade changes greater than 4four feet (4') shall be 64
reviewed as a special exception subject to the standards found in chapter 21A.52 65
of this title are permitted provided: and66
(1) The grade change is supported by retaining walls.67
(2) No individual retaining wall exceeds 6 feet in height.68
69
c. As necessary to construct driveway access from the street to the garage or 70
parking area grade changes and/or retaining walls up to six feet (6') from the 71
established grade shall be reviewed as a special exception subject to the standards 72
in chapter 21A.52 of this title Within the front and corner side yards, grade 73
changes up to 6 feet in height are permitted provided:74
(1)The grade change is necessary for driveways accessing legally located parking 75
areas 76
(2)The grade changes are supported by retaining walls.77
Delete reference to special exception for extra height in R-1, R-2, and SR districts78
21A.24.050.D.6.a: 79
6. a. For properties outside of the H Historic Preservation Overlay District, 80
additional building height may be granted as a special exception by the Planning 81
Commission subject to the special exception standards in chapter 21A.52 of this 82
title and if the proposed building height is in keeping with the development 83
pattern on the block face. The Planning Commission will approve, approve with 84
conditions, or deny the request pursuant to chapter 21A.52 of this title.85
118
b. Additional Principal Building Height: Requests for additional building height 86
for properties located in an H Historic Preservation Overlay District shall be 87
reviewed by the Historic Landmarks Commission which may grant such requests 88
subject to the provisions of section 21A.34.020 of this title.89
21A.24.060.D.6.a 90
6. a. For properties outside of the H Historic Preservation Overlay District, 91
additional building height may be granted as a special exception by the Planning 92
Commission subject to the special exception standards in chapter 21A.52 of this 93
title and if the proposed building height is in keeping with the development 94
pattern on the block face. The Planning Commission will approve, approve with 95
conditions, or deny the request pursuant to chapter 21A.52 of this title.96
b. Additional Principal Building Height: Requests for additional building height 97
for properties located in an H Historic Preservation Overlay District shall be 98
reviewed by the Historic Landmarks Commission which may grant such requests 99
subject to the provisions of section 21A.34.020 of this title.100
21A.24.070.D.6.a 101
6. a. For properties outside of the H Historic Preservation Overlay District, 102
additional building height may be granted as a special exception by the Planning 103
Commission subject to the special exception standards in chapter 21A.52 of this 104
title and if the proposed building height is in keeping with the development 105
pattern on the block face. The Planning Commission will approve, approve with 106
conditions, or deny the request pursuant to chapter 21A.52 of this title. 107
b. Additional Principal Building Height: Requests for additional building height 108
for properties located in an H Historic Preservation Overlay District shall be 109
reviewed by the Historic Landmarks Commission which may grant such requests 110
subject to the provisions of section 21A.34.020 of this title.111
21A.24.080.D.6.a 112
6. Additional Building Height:113
a. For properties outside of the H historic preservation overlay district, 114
additional building height may be granted as a special exception by the planning 115
commission subject to the special exception standards in chapter 21A.52 of this 116
title and if the proposed building height is in keeping with the development 117
pattern on the block face. The planning commission will approve, approve with 118
conditions, or deny the request pursuant to chapter 21A.52 of this title.119
b. Additional Principal Building Height: Requests for additional building 120
height for properties located in an H historic preservation overlay district shall be 121
reviewed by the historic landmarks commission which may grant such requests 122
subject to the provisions of section 21A.34.020 of this title.123
21A.24.100.D.6.a 124
6. Additional Building Height:125
a. For properties outside of the H historic preservation overlay district, 126
additional building height may be granted as a special exception by the planning 127
commission subject to the special exception standards in chapter 21A.52 of this 128
title and if the proposed building height is in keeping with the development 129
pattern on the block face. The planning commission will approve, approve with 130
conditions, or deny the request pursuant to chapter 21A.52 of this title.131
b. Additional Principal Building Height:: Requests for additional building 132
height for properties located in an H historic preservation overlay district shall be 133
119
reviewed by the Historic Landmarks Commission which may grant such requests 134
subject to the provisions of section 21A.34.020 of this title.135
21A.24.110.D.6.a 136
6. a. For properties outside of the H Historic Preservation Overlay District, 137
additional building height may be granted as a special exception by the Planning 138
Commission subject to the special exception standards in chapter 21A.52 of this 139
title and if the proposed building height is in keeping with the development 140
pattern on the block face. The Planning Commission will approve, approve with 141
conditions, or deny the request pursuant to chapter 21A.52 of this title.142
b. Additional Principal Building Height: Requests for additional building height 143
for properties located in an H Historic Preservation Overlay District shall be 144
reviewed by the Historic Landmarks Commission which may grant such requests 145
subject to the provisions of section 21A.34.020 of this title.146
Delete special exception for extra height in all commercial zoning districts in 21A.26.010 J147
21A.26.010 J: 148
J. Modifications To Maximum Height: The maximum height of buildings in 149
commercial zoning districts may be increased up to 10% on any building face 150
Additions to the maximum height due to the natural topography of the site may 151
be approved pursuant to the following procedures and standards:152
1. At least 50% of the building complies with the maximum height of the 153
underlying zoning district; 154
2. The modification allows the upper floor of a building to be level with the 155
portion of the building that complies with the maximum building height 156
of the zone without the 10% modification; and157
3. The height of the ground floor is at least 12 feet in height measured from 158
finished floor to finished ceiling height.159
1. Modifications Of Ten Percent Or Less Of Maximum Height:160
a. The Planning Commission may approve, as a special exception, additional 161
height not exceeding ten percent (10%) of the maximum height pursuant to the 162
standards and procedures of chapter 21A.52 of this title. Specific conditions for 163
approval are found in chapter 21A.52 of this title.164
2. Modifications Of More Than Ten Percent Of Maximum Height:165
a. Design Review: Through design review for properties on a sloping lot in 166
Commercial Zoning Districts, pursuant to chapter 21A.59 of this title, the 167
Planning Commission, or in the case of an administrative approval the Planning 168
Director or designee, may allow additional building height of more than ten 169
percent (10%) of the maximum height, but not more than one additional story, if 170
the first floor of the building exceeds twenty thousand (20,000) square feet. The 171
additional story shall not be exposed on more than fifty percent (50%) of the 172
total building elevations.173
Changes to 21A.32.100 D 3 and D 4 deleting special exception for recreation equipment height 174
and heights for public utility buildings in the OS Open Space zoning district175
3. Recreation equipment heights or heights for buildings or structures for the Salt Lake 176
City Public Utilities Department that are not specifically exempt in section 177
21A.02.050 of this title, in excess of sixty feet (60') may be approved through the 178
120
Special Exception process. are permitted to a height not to exceed 80 feet when 179
needed due to the nature of the equipment or for the use to operate safely, such as 180
fences surrounding golf course driving ranges.181
4. Heights for buildings or structures for the Salt Lake City Public Utilities Department 182
that are not specifically exempt in section 21A.02.050 of this title, are exempt from 183
the height restrictions in this zoning district provided the building or structure is 184
deemed by the director of the public utilities department as critical infrastructure 185
necessary to provide specific utility needs to the public. 186
Changes to 21A.32.100 H additional height for sports related light poles in the OS zone.187
H. Lighting: All uses and developments that provide lighting shall ensure that lighting 188
installations comply with the following standards189
1. Lighting is installed in a manner and location that will do not have an adverse 190
impact on the natural environment when placed in areas with wildlife habitat, 191
traffic safety or on surrounding properties and uses. 192
2. Light sources shall be shielded to eliminate excessive glare or light into 193
adjacent properties and have cutoffs to protect the view of the night sky.194
3. Light poles for outdoor uses, such as sports fields, amphitheaters, and other 195
similar uses may be permitted to exceed the maximum heights up to 70 feet 196
in height provided the lights are located a minimum of 30 feet from a 197
residential use and directed to reduce light trespass onto neighboring 198
properties.199
200
Changes to 21A.34.120 Garages located in hillsides in the YCI Yalecrest Compatible Infill 201
Overlay202
G. Special Exception For Garages Built into Hillsides in Front or Corner Side Yards: A 203
garage built into a hillside and located forward of the front line of the building may 204
be allowed as a special exception granted by the planning commission, subject to the 205
following standards:206
1. The rear and side yards cannot be reasonably accessed for the purpose of 207
parking. 208
2. Because of the topography of the lot it is impossible to construct a garage and 209
satisfy the standards of the YCI.210
3. The ceiling elevation of the garage is below the elevation of the first or main 211
floor of the house.212
4. The garage meets all applicable yard requirements.213
Changes to Table 21A.36.020 B Obstructions in Required yards214
TABLE 21A.36.020B215
OBSTRUCTIONS IN REQUIRED YARDS1216
217
121
Type Of Structure Or Use Obstruction Front
And
Corner
Side
Yards
Side
Yard
Rear
Yard
Below grade encroachments underground obstructions when there
is no exterior evidence of the underground structure other than
entrances and required venting provided there are no conflicts with
any easements or publicly owned infrastructure or utilities. 2
X X X
Central air conditioning systems, heating, ventilating, pool and
filtering equipment, the outside elements shall be located not less
than 4 feet from a lot line..Structures less than 4 feet from the
property line shall be reviewed as a special exception according to
the provisions of section 21A.52.030 of this title
X X
Changes of established grade for commercial or industrial uses in
zones, where conditionally or otherwise permitted, the grade is
changed to accommodate site retention or detention requirements
X X X
Changes of established grade of 4 feet or less except for the FP and
FR Districts which shall be subject to the provisions of subsection
21A.24.010P of this title. (All grade changes located on a property
line shall be supported by a retaining wall.)
For properties outside of the H Historic Preservation Overlay
District, Changes of established grade greater than 4 feet are
special exceptions subject to the standards and factors in chapter
21A.52 of this title Grade changes greater than 4 feet in height
provided the grade change includes a retaining wall, a horizontal
step that is a minimum of 3 feet in depth is provided for every 4
vertical feet of retaining wall.
X X X
Laundry drying equipment (clothesline and poles) X X X
Window mounted refrigerated air conditioners and evaporative
"swamp" coolers located at least 2 feet from the property line.
Window mounted refrigerated air conditioner units and "swamp"
coolers less than 2 feet from the property line shall be reviewed as a
special exception according to the provisions of section 21A.52.030
of this title
X X X
Notes:218
1. "X" denotes where obstructions are allowed.219
2. Below grade encroachments (encroachments which are completely below grade where the 220
surface grade remains intact and where the below grade encroachment is not visible from the 221
surface) into required yards shall be treated as a special exception in accordance with the 222
procedures set forth in chapter 21A.52 of this title. reserved223
3. The accessory structure shall be located wholly behind the primary structure on the 224
property.225
226
Changes to 21A.36.350 A 3: fence and wall height associated with homeless resource center227
122
21A.36.350.A.3. A decorative masonry wall that is a minimum of six6 feet (6') high shall 228
be provided along all interior side and rear lot lines and that complies with all required 229
site distance triangles at driveways and walkways. Walls in excess of 6six feet (6') may be 230
approved by the Planning Commission as a special exception required as a condition of 231
approval of a conditional use if it determines a taller wall is necessary to mitigate a 232
detrimental impact created by the homeless resource center or homeless shelter;233
Changes to 21A.38.040 H 2 enlarging a structure with a legal non-conforming use234
21A.38.040.H.2 235
2. Enlargement Of A Structure With A Nonconforming Use: Alterations or modifications 236
to a portion of a structure with Enlargement of a legal nonconforming use may be 237
approved by special exception, subject to the provisions of chapter 21A.52 of this title,238
are limited to a one time expansion of up to if the floor area for the nonconforming use 239
does not increase by more than twenty five 25 percent (25%) of the gross floor area, or 240
one thousand (1,000) gross square feet, whichever is less and subject to the site being 241
able to provide required off street parking that complies with any applicable parking 242
requirement of this title. within the limits of existing legal hard surfaced parking areas 243
on the site. An approved expansion shall be documented through an updated zoning 244
certificate for the property. Any expansion to the nonconforming use portion of a 245
structure beyond these limits is not permitted. The expansion shall be limited to a one-246
time expansion after April 12, 1995, the effective date of this title. Any expansion granted 247
as a special exception after April 12, 1995 shall be considered as fulfilling the one-time 248
expansion.249
Changes to 21A.38.050 A Noncomplying structures and inline additions250
A. Enlargement: A noncomplying structure may be enlarged if such enlargement and its 251
location comply with the standards of the zoning district in which it is located or as 252
provided in this section. Horizontal in line additions or extensions to existing 253
noncomplying building portions are considered not creating a new nonconformance 254
and are subject to special exception standards and approval of subsection 255
21A.52.030A15 of this title. Vertical in line additions or extensions to existing 256
noncomplying building portions are considered creating a new nonconformance and 257
are not permitted.258
1. Noncomplying as to setbacks259
a. Front yard: A principal building with a front yard setback that is less than the 260
minimum required may be enlarged provided the addition does not further 261
reduce the existing front yard setback and complies with all other applicable 262
requirements of Title 21A. 263
b. Corner side yards: A principal building with a corner side yard setback that is 264
less than the minimum required may be enlarged provided the addition does 265
not further reduce the existing corner side yard setback and complies with all 266
other applicable requirements of Title 21A. 267
c. Interior side yards: Any addition to a principal structure with a 268
noncomplying setback is permitted provided the addition complies with the 269
minimum side yard setback requirement and maximum wall height as 270
specified in the underlying zone. In determining if a side yard is 271
123
noncomplying, the narrower of the two side yards shall be interpreted to be 272
the narrower side yard required in the underlying zoning district. 273
274
d. Rear yards. A principal building noncomplying to rear yard setbacks may be 275
expanded provided the expansion follows an existing noncomplying building 276
wall and does not result in a decrease of the existing rear yard setback and 277
complies with side and corner side yard setbacks of the underlying zoning 278
district. If the building does not comply with the existing side or corner side 279
yard setback, the expansion shall be permitted to extend to the side or corner 280
side yard setback of the underlying zone. 281
2. Noncomplying as to height: A principal structure that exceeds the maximum 282
height of the underlying zoning district may be expanded at the existing height of 283
the building provided the setbacks of the underlying zoning district are complied 284
with. If the existing setbacks of the structure are noncomplying, then an 285
expansion of the building shall comply with the height and applicable setback 286
requirements of the underlying zoning district. 287
Changes to 21A.38.050 G replacement/reconstruction of a noncomplying structure288
The replacement or reconstruction of any existing noncomplying portion of a principal 289
structure or full replacement of a noncomplying accessory structure is subject to the290
special exception standards of subsection 21A.52.030A19 of this title permitted provided 291
the replacement is in the same location or in a location that reduces the degree of 292
noncompliance and is of substantially the same dimension. Enlarging a full replacement 293
of a noncomplying accessory structure is permitted provided the enlarged section 294
complies with all setback, height, maximum square feet, and lot or yard coverage 295
requirements. 296
Changes to 21A.38.060 Noncomplying lots: adding paragraph A addressing subdividing a lot 297
with two or more principal buildings.298
A. Subdividing Lots containing two or more separate principal buildings. Lots that 299
contain two or more separate principal buildings on a single parcel may be subdivided to 300
place each structure on a separate lot subject to the following provisions301
1. The properties shall be subdivided by recording of a plat.302
2. The proposed lots are exempt from the minimum lot area, lot width, lot coverage, 303
and street frontage requirements of the underlying zoning district;304
3. The proposed setbacks shall be reviewed and approved by the Planning Director305
after consultation with applicable city departments;306
4. The proposed subdivision plat shall identify the front, corner side, interior side, 307
and rear yards for the purpose of future development.308
5. Parking may be located anywhere within the proposed subdivision except front 309
yards (unless already existing) and shall not be reduced below the existing off-310
street parking 311
6.All lots that are part of the subdivision must include adequate access to a public 312
street. Adequate access shall include pedestrian walkways and when off-street 313
parking is required, vehicle access and parking.314
124
7.All necessary easements for access and utilities are shown on the plat. A note 315
shall be added to indicate responsibility for maintenance of shared access and 316
utilities.317
8. All other applicable regulations of the Salt Lake City Code shall apply.318
Changes to 21A.38.070 Legal conforming single-family detached dwelling, tw0-family dwelling, 319
and twin home. 320
Any legally existing single-family detached dwelling, two-family dwelling, or twin home 321
located in a zoning district that does not allow these uses shall be considered legal 322
conforming. Legal conforming status shall authorize replacement of the single-family 323
detached dwelling, two-family dwelling, or twin home structure to the extent of the 324
original footprint.325
326
A. Alterations, Additions Or Extensions Or Replacement Structures Greater Than 327
The Original Footprint: In zoning districts other than M-1 and M-2, which do 328
not allow detached single-family dwelling units, two-family dwelling units or 329
twin homes, any alterations, extensions/additions or the replacement of the 330
structure may exceed the original footprint by twenty five25 percent (25%) of the 331
existing structure subject to the following standards:332
1. Any alterations, extensions/additions or the replacement structure shall not 333
project into a required yard beyond any encroachment established by the 334
structure being replaced.335
2. Any alterations, additions or extensions beyond the original footprint which 336
are noncomplying are subject to special exception standards of subsection 337
21A.52.030A15 of this title.338
3. All replacement structures in nonresidential zones are subject to the 339
provisions of section 21A.36.190, "Residential Building Standards For Legal 340
Conforming Single-Family Detached Dwellings, Two-Family Dwellings And 341
Twin Homes In Nonresidential Zoning Districts", of this title.342
343
Any alterations, additions or extensions or replacement structures which exceed twenty 344
five percent (25%) of the original footprint, or alterations, additions or extensions or 345
replacement of a single-family detached dwelling, two-family dwelling or twin home in 346
an M-1 or M-2 zoning district may be allowed as a conditional use subject to the 347
provisions of chapter 21A.54 of this title.348
Adding new section 21A.38.075 Unit Legalizations: relocated from special exception chapter.349
A. Purpose: The purpose of this subsection is to implement the existing Salt Lake City 350
community housing plan by providing a process that gives owners of property with one 351
or more excess dwelling units not recognized by the city an opportunity to legalize such 352
units based on the standards set forth in this section. The intent is to maintain existing 353
housing stock in a safe manner that contributes to the vitality and sustainability of 354
neighborhoods within the city.355
B. Review Standards: A dwelling unit that is proposed to be legalized pursuant to this 356
section shall comply with the following standards.357
358
125
1. The dwelling unit existed prior to April 12, 1995. In order to determine whether 359
a dwelling unit was in existence prior to April 12, 1995, the unit owner shall 360
provide documentation thereof which may include any of the following:361
a. Copies of lease or rental agreements, lease or rent payments, or other similar 362
documentation showing a transaction between the unit owner and tenants;363
b. Evidence indicating that prior to April 12, 1995, the city issued a building 364
permit, business license, zoning certificate, or other permit relating to the 365
dwelling unit in question;366
c. Utility records indicating existence of a dwelling unit;367
d. Historic surveys recognized by the Planning Director as being performed by a 368
trained professional in historic preservation;369
e. Notarized affidavits from a previous owner, tenant, or neighbor;370
f. Polk, Cole, or phone directories that indicate existence of the dwelling unit 371
(but not necessarily that the unit was occupied); or372
g. Any other documentation that the owner is willing to place into a public 373
record which indicates the existence of the excess unit prior to April 12, 1995.374
2. The excess unit has been maintained as a separate dwelling unit since April 12, 375
1995. In order to determine if a unit has been maintained as a separate dwelling 376
unit, the following may be considered:377
a. Evidence listed in subsection B.1 of this section indicates that the unit has 378
been occupied at least once every 5 calendar years;379
b. Evidence that the unit was marketed for occupancy if the unit was unoccupied 380
for more than 5 consecutive years;381
c. If evidence of maintaining a separate dwelling unit as required by subsections 382
B.1 of this section cannot be established, documentation of construction 383
upgrades may be provided in lieu thereof.384
d. Any documentation that the owner is willing to place into a public record 385
which provides evidence that the unit was referenced as a separate dwelling 386
unit at least once every 5 years.387
3. The property where the dwelling unit is located:388
a. Can accommodate on-site parking as required by this title, or389
b. Is located within a one-fourth (1/4) mile radius of a fixed rail transit stop or 390
bus stop in service at the time of legalization.391
4. Any active zoning violations occurring on the property must be resolved except 392
for those related to excess units.393
C. Conditions Of Approval: Any approved unit legalization shall be subject to the following 394
conditions:395
1. The unit owner shall allow the City's building official or designee to inspect the 396
dwelling unit to determine whether the unit substantially complies with basic life 397
safety requirements as provided in title 18, chapter 18.50, "Existing Residential 398
Housing", of this Code. 399
2. All required corrections indicated during the inspection process must be 400
completed within 1 year unless granted an extension by the Building Official.401
3. If a business license is required by Title 5 of the Salt Lake City Code of ordinance, 402
the unit owner shall apply for a business license, when required, within fourteen 403
(14) days ofany correction required by this section being completed and approved 404
by the City Building Official..405
406
126
D.Application: A determination of non-conforming use application, provided by the Zoning 407
Administer, shall be required to legalize unrecognized dwelling units. A notice of 408
application shall be sent to property owners and occupants as required by chapter 409
21A.10. The purpose of the notice is to allow neighbors to submit evidence regarding the 410
existence of the dwelling unit and the length of time that the unit has been in existence.411
Changes to 21A.40.040 Use limitations: clarifies accessory uses.412
21A.40.040: USE LIMITATIONS:413
In addition to the applicable use limitations of the district regulations, no accessory use, 414
building or structure shall be permitted unless it complies with the restrictions set forth 415
below:416
A. An accessory use, building or structure shall be incidental and subordinate to the 417
principal use or structure in area, extent and purpose;418
B. An accessory use, building or structure shall be under the same ownership or 419
control as the principal use or structure, and shall be, except as otherwise expressly 420
authorized by the provisions of this title, located on the same lot as the principal 421
use or structure;422
C. No accessory use, building or structure shall be established or constructed before 423
the principal use is in operation or the structure is under construction in 424
accordance with these regulations; and425
D. No commercial sign, except as expressly authorized by this chapter or by the 426
provisions of chapter 21A.46 of this title, shall be maintained in connection with an 427
accessory use or structure.428
E. An accessory use shall be permitted if it is routinely and customarily associated with 429
the principal use and not otherwise prohibited by this Title. For residential uses, 430
this includes accessory uses that are customarily associated with a dwelling, such as 431
home office, outdoor living space, pool houses, storage, personal use, hobbies, and 432
other similar uses but does not include short term rentals or other uses not allowed 433
in the zoning district. 434
435
Changes to 21A.40.050 A 6 accessory structures on double frontage lots. Clarifies where 436
accessory structures can be located on lots that have two front yards (a street along the front 437
yard and back yard)438
21A.40.050 A 6: Double Frontage lots: Accessory structures and buildings located on a 439
property where both the front and rear yards have frontage on a street may be located in 440
a front yard provided the accessory building or structure:441
a. Is located in a provided yard that is directly opposite the front yard where the 442
primary entrance to the principal building is located; 443
b. Is in a location that is consistent with other accessory building locations on the 444
block; 445
c. Complies with any clear view triangle requirements of this Title; and 446
d. Complies with all other accessory building and structure requirements of this 447
title.448
449
Changes to 21A.40.050 C Maximum height of accessory structures. Changes how accessory 450
buildings are measured for height and increases the allowed height up to 75% of the principal 451
structure if the setbacks are increased. 452
127
C. Maximum Height Of Accessory Buildings/Structures:453
1. Accessory To Residential Uses In The FP District, RMF Districts, RB, R-MU 454
Districts, SNB And The RO District: The height of accessory buildings/structures 455
in residential districts are measured from established grade to the highest point of 456
the accessory building and shall conform to the following:457
a. The height of accessory buildings structures with flat roofs shall not exceed 458
twelve12 feet (12'). The height of flat roof structures may be increased up to 459
75% of the height of the principal structure, not to exceed 15 feet provided 460
the setbacks increases 1 foot for every one 1 foot of building height above 12 461
feet.462
b. The height of accessory buildings structures with pitched roofs shall not 463
exceed 17 seventeen feet (17') measured to the midpoint of the roof. The 464
height of pitched roof structures may be increased up to 75% of the height of 465
the principal structure, not exceed 15 feet provided the setbacks increase 1 466
foot for every 1 foot of structure height above 17 feet. ; and467
c. Accessory buildings with greater building height may be approved as a 468
special exception, pursuant to chapter 21A.52 of this title. 469
2. Accessory To Residential Uses In The FR, R-1 Districts, R-2 District And SR 470
Districts: The height of accessory buildings/structures in the FR districts, R-1 471
districts, R-2 district and SR districts are measured from established grade to the 472
highest point of the accessory structure and shall conform to the following:473
a. The height of accessory buildings structures with flat roofs shall not exceed twelve474
12 feet (12'); nine9 feet (9') measured from established grade in the SR-1A475
zoning district. The height of flat roof structures may be increased up to 75% 476
of the height of the principal structure, not to exceed 15 feet or 11 feet in the 477
SR-1A zoning district provided the setbacks are increased 1 foot for every one 478
1 foot of building height above 12 feet or 9 feet in the SR-1A zoning district. 479
b. The height of accessory buildings structures with pitched roofs shall not 480
exceed seventeen17 feet (17') measured as the vertical distance between the 481
top of the roof and the established grade at any given point of building 482
coverage. In the SR-1A zoning district the height of accessory buildings483
structures with pitched roofs shall not exceed 14fourteen feet (14'). The 484
height of pitched roof structures may be increased up to 75% of the height of 485
the principal structure, not to exceed 21 feet or 15 feet in the SR-1A zoning 486
district provided the setbacks are increased 1 foot for every 1 foot of building 487
height above 17 feet or 15 feet in the SR-1A zoning district.; and488
c. Accessory buildings with greater building height may be approved as a 489
special exception, pursuant to chapter 21A.52 of this title, if the proposed 490
accessory building is in keeping with other accessory buildings on the block 491
face. 492
493
128
Changes to 21A.40.065 Outdoor Dining. Outdoor dining changed to permitted with clarified 494
standards related to noise, setbacks, and location. 495
21A.4o.065 Outdoor Dining496
"Outdoor dining", as defined in chapter 21A.62 of this title, shall be allowed in any 497
zoning district where restaurant and retail uses are allowed and for any noncomplying 498
restaurant or retail use subject to the provisions of this section:499
A. Where allowed:500
A. Within the buildable lot area, Outdoor dining in the public way shall be 501
permitted subject to all City requirements.502
B. Within a required or provided front or corner side yard;503
C. Within a required side yard provided: the outdoor dining is setback a 504
minimum of 10 feet when adjacent to a residential zoning district that does 505
not permit restaurants or retail uses. Properties separated by an alley are not 506
considered adjacent for the purpose of this section.507
D. Within a required rear yard provided the outdoor dining is setback a 508
minimum of 10 feet when adjacent to a residential zoning district that does 509
not permit restaurants or retail uses. Properties separated by an alley are not 510
considered adjacent for the purpose of this section. 511
E. Within a public right of way or an adjacent public property subject to all 512
applicable lease agreements, applicable regulations, and the outdoor dining 513
design guidelines.514
B. Outdoor dining is allowed within the required landscaped yard or buffer area, in 515
commercial and manufacturing zoning districts where such uses are allowed. 516
Outdoor dining is allowed in the RB, CN, MU, R-MU, RMU-35 and the RMU-45 517
Zones and for nonconforming restaurants and similar uses that serve food or 518
drinks through the provisions of the special exception process (see chapter 519
21A.52 of this title). All outdoor dining shall be subject to the following 520
conditions:521
1. All applicable requirements of chapter 21A.48 and section 21A.36.020 of this 522
title are met.523
2. All required business, health and other regulatory licenses for the outdoor 524
dining have been secured.525
3. All the proposed outdoor dining activities will be conducted on private 526
property owned or otherwise controlled by the applicant and that none of 527
the activities will occur on any publicly owned rights-of-way unless separate 528
approval for the use of any such public rights-of-way has been obtained 529
from the City. 530
b. The location of any paving, landscaping, planters, fencing, canopies, 531
umbrellas or other table covers or barriers surrounding the area;532
c. The proposed outdoor dining will not impede pedestrian or vehicular 533
traffic; and534
4d. The main entry has a control point as required by State liquor laws.535
5e. The proposed outdoor dining complies with all conditions pertaining to 536
any existing variances, conditional uses or other approvals granted for 537
property.538
6f. Live music will not be performed nor loudspeakers played in the outdoor 539
dining area unless the decibel level is within conformance with the Salt 540
Lake City noise control ordinance, title 9, chapter 9.28 of this Code. Live 541
129
music and loudspeakers are prohibited outside between the hours of 9:00 542
pm and 9:00 am when the property is adjacent to a residential zoning 543
district.544
7g. No additional parking is required unless the total outdoor dining area 545
ever exceeds five hundred (500) square feet. Parking for outdoor dining 546
areas in excess of five hundred (500) square feet is required at a ratio of 547
two (2) spaces per one thousand (1,000) square feet of outdoor dining 548
area. No additional parking is required in the D-1, D-2, D-3, D-4, TSA, or 549
G-MU Zone. Outdoor dining shall be by considered an expansion of an 550
use for the purpose of determining if additional parking is required as 551
stated in Chapter 21A.44 Parking. 552
8. Smoking shall be prohibited within the outdoor dining area and within 553
twenty five25 feet (25') of the outdoor dining area.554
ii. H. The proposed outdoor dining complies with the 555
environmental performance standards as stated in 556
section 21A.36.180 of this title.557
iii. i. Outdoor dining shall be located in areas where 558
such use is likely to have the least adverse impacts on 559
adjacent properties.560
561
Changes to 21A.40.090 D Amateur radio facilities with surface area exceeding 10 square feet. 562
Removes the special exception process for extra height. 563
21A.40.090 D: Amateur Radio Facilities with Surface Area Exceeding 10 Square Feet564
Amateur Radio Facilities With Surface Area Exceeding 10 Square Feet: Any antenna and 565
antenna support having a combined surface area greater than ten (10) square feet or 566
having any single dimension exceeding twelve 12 feet (12') that is capable of transmitting 567
as well as receiving signals and is licensed by the Federal Communications Commission 568
as an amateur radio facility shall be permitted as an accessory use, but only in 569
compliance with the regulations set forth below:570
1. Number Limited: No more than one such antenna or antenna support structure with 571
a surface area greater than ten (10) square feet or any single dimension exceeding 572
twelve12 feet (12') may be located on any lot.573
2. Height Limited: No such antenna and its support structure shall, if ground mounted, 574
exceed seventy five75 feet (75') in height or, if attached to a building pursuant to 575
subsection D3 of this section, the height therein specified.576
3. Attachment To Buildings Limited: No such antenna or its support structure shall be 577
attached to a principal or accessory structure unless all of the following conditions 578
are satisfied:579
a. Height: The antenna and its support structure shall not extend more than twenty580
20 feet (20') above the highest point of the building on which it is mounted.581
b. Mounting: The antenna and its support structure shall not be attached to or 582
mounted upon any building appurtenance, such as a chimney. The antenna and 583
its support structure shall not be mounted or attached to the front or corner side 584
of any principal building facing a street, including any portion of the building 585
roof facing any street. The antenna and its support structure shall be designed to 586
withstand a wind force of eighty (80) miles per hour without the use of 587
supporting guywires.588
130
c. Grounding: The antenna and its support structure shall be bonded to a grounding 589
rod.590
d. Other Standards: The antenna and its support structure shall satisfy such other 591
design and construction standards as the Zoning Administrator determines are 592
necessary to ensure safe construction and maintenance of the antenna and its 593
support structure.594
e. Special Exception For Increased Height: Any person desiring to erect an amateur 595
("ham") radio antenna in excess of seventy five feet (75') shall file an application 596
for a special exception with the Zoning Administrator pursuant to chapter 21A.52 597
of this title. In addition to the other application regulations, the application shall 598
specify the details and dimensions of the proposed antenna and its supporting 599
structures and shall further specify why the applicant contends that such a design 600
and height are necessary to accommodate reasonably amateur radio 601
communication. The Zoning Administrator shall approve the proposed design 602
and height unless the Zoning Administrator finds that a different design and 603
height which is less violative of the City's demonstrated health, safety or aesthetic 604
considerations also accommodates reasonably amateur radio communication 605
and, further, that the alternative design and height are the minimum practicable 606
regulation necessary to accomplish the City's actual and demonstrated legitimate 607
purposes. The burden of proving the acceptability of the alternative design shall 608
be on the City.609
610
Changes to 21A.40.090 E 3 b electrical equipment exceeding the permitted size for cell towers. 611
Requires electrical equipment to be located on private property and prohibits the equipment 612
from being located between the street facing façade and the street. 613
21A.40.090.E.3.b Electrical Equipment Located On Private Property: Electrical 614
equipment shall be subject to the following standards: located in the rear yard, interior 615
side yard, or within the buildable area on a given parcel. In the case of a parcel with an 616
existing building, the electrical equipment shall not be located between the front and/or 617
corner street facing building facades of the building and the street.618
619
Electrical equipment located in a residential zoning district, shall not exceed a width of 620
four feet (4'), a depth of three feet (3'), or a height of four feet (4') to be considered a 621
permitted use if located outside of an enclosed building. Electrical equipment exceeding 622
these dimensions shall be located inside of an enclosed building. 623
624
Electrical equipment located in all other CN, PL, PL-2, CB, I or OS Zoning Districts shall 625
not exceed a width of six feet (6'), a depth of three feet (3'), or a height of six feet (6') to 626
be considered a permitted use if located outside of an enclosed building. Electrical 627
equipment exceeding these dimensions shall be located inside of an enclosed building. 628
. 629
630
Electrical equipment exceeding the dimensions listed above shall be reviewed 631
administratively as a special exception per chapter 21A.52 of this title.632
633
The electrical equipment and any necessary building shall be subject to the maximum lot 634
coverage requirements in the underlying zoning district.635
i. Located in a rear yard, interior side yard, or within the building area of the lot.636
131
ii. If located in a zoning district without a require front or corner side yard setback, the 637
equipment shall be located a minimum of 10 feet from the front or corner side yard 638
property line. 639
iii. Located a minimum of 4 feet from a side or rear property line unless located in an 640
enclosed structure or a vault where the equipment will not be visible.641
iv. If the equipment is located next to a public trail, park, open space, or other public 642
space other than a street, the equipment shall be screened by a masonry wall or solid 643
fence so the equipment is not visible.644
v. The electrical equipment and any structure associated with the electrical equipment is 645
subject to the maximum lot coverage of the underlying zoning district.646
647
Adding new section 21A.40.100 Mechanical equipment. Requires mechanical equipment to be 648
located on private property subject to specific standards.649
21A.40.100 Location of Mechanical Equipment: All mechanical equipment shall be 650
located as follows651
A. Front and corner side yards and double frontage lots: Only allowed if located within 652
4 feet of the principal building and screened by vegetation, a solid wall or fence so the 653
equipment is not visible and at least 10 feet from the front and corner side yard 654
property lines. 655
B. Side yards: At least 4 feet from a side property line. 656
C. Rear yards: at least 4 feet from a rear property line.657
D. Prohibited areas: in addition to the yard requirements above, mechanical equipment 658
is prohibited to be located on the roof of an accessory structure, with the exception of 659
exhaust fans and mechanical vents serving the accessory building in which case the 660
fans or vents shall be at least 10 feet from a property line. 661
662
Changes to 21A.40.120 I Barbed wire fences: removes special exception requirements and adds 663
standards to address impacts. 664
I. Barbed Wire Fences:665
1. Permitted Use: Barbed wire fencing is allowed as a permitted use in the following 666
instances:667
a.AG, AG-2, AG-5, AG-20, A, CG, M-1, and M-2 and D-2 districts and to secure 668
critical infrastructure located in any other zoning district not listed subject to the 669
following requirements. Critical infrastructure includes sites that are necessary 670
to protect the facility or site for the purpose of public health and safety. Barbed 671
wire is also permitted to secure construction sites and sites where construction 672
is pending provided it is removed once construction is complete.673
b.Barbed wire fences shall be subject to the following provisions: 674
(1)Not allowed in a provided or required front yard.675
(2)The barbed wire is permitted to exceed the maximum fence height.676
(3)No strand of barbed wire shall be permitted less than 7 feet in height above 677
the ground except for agricultural purposes provided the barbed wire is 678
vertically aligned.679
(4)No more than 3 strands of barbed wire are permitted.680
(5)The barbed wire strands shall not slant outward from the fence more than 681
60 degrees from a vertical line.682
(6)All barbed wire shall be setback a minimum of 3 feet from public property.683
132
(7)The barbed wire is not located along a property line shared with a 684
residential use when the subject property is located in a CG zoning district. 685
2. Special Exception: Barbed wire fencing may be approved for 686
nonresidential uses as a special exception pursuant to chapter 21A.52 of 687
this title, in all zoning districts except for those listed above as permitted 688
uses. The planning commission may approve as special exceptions, the 689
placement of barbed wire fences, for security reasons, or for the keeping 690
out of animals around nonresidential properties, transformer stations, 691
microwave stations, construction sites or other similar publicly 692
necessary or dangerous sites, provided the requested fence is not in any 693
residential district and is not on or near the property line of a lot which is 694
occupied as a place of residence.695
3. Location Requirements: Barbed wire fencing shall not be allowed in 696
required front yard setbacks nor along frontages on streets defined as 697
gateway streets in Salt Lake City's adopted urban design element master 698
plan.699
4. Special Design Regulations: No strand of barbed wire shall be 700
permitted less than six feet (6') high. No more than three (3) strands of 701
barbed wire are permitted. The barbed wire strands shall not slant 702
outward from the fence more than sixty degrees (60°) from a vertical 703
line. No barbed wire strand shall project over public property. If the 704
barbed wire proposed slants outward over adjoining private property the 705
applicant must submit written consent from adjoining property owner 706
agreeing to such a projection over the property line.707
5. Special Exception Approval Standards: The planning commission may 708
approve, as a special exception, the building permit for a barbed wire 709
fence if it is found that the applicant has shown that the fence is 710
reasonably necessary for security in that it protects people from 711
dangerous sites and conditions such as transformer stations, microwave 712
stations or construction sites.713
714
Changes to 21A.40.120 J Razor wire fencing: removes special exception requirements and adds 715
standards to address impacts.716
J. Razor Wire Fences: Razor wire fencing is allowed as a permitted use in the M-1, M-2 717
and EI zoning and D-2 districts and to secure critical infrastructure structures and 718
sites located in any other zoning district not listed subject to the following 719
requirements. Critical infrastructure includes sites that are necessary to protect the 720
facility or site for the purpose of public health and safety.721
1. Special Exception: Razor wire fencing may be approved for nonresidential uses as 722
a special exception pursuant to chapter 21A.52 of this title, in the A, CG, D-2, M-1 723
and M-2 zoning districts. The planning commission may approve as a special 724
exception the placement of razor wire fences, for security reasons, around 725
commercial or industrial uses, transformer stations, microwave stations, or other 726
similar public necessity or dangerous sites; provided, that the requested fence is 727
not on the property line of a lot which is occupied as a place of residence. Not 728
allowed in a provided or required front or corner side yard.729
133
2. Location Requirements: Razor wire fencing shall not be allowed in required front 730
or corner side yard setback The razor wire is permitted to exceed the maximum 731
fence height to a height necessary to reasonably secure the site.732
3. Special Design Regulations: No strand of razor wire shall be permitted on a fence 733
that is less than seven7 feet (7') high. Razor wire coils shall not exceed eighteen18734
inches (18") in diameter and must slant inward from the fence to which the razor 735
wire is being attached.736
4. Special Exception Approval Standards: The planning commission may approve 737
razor wire fencing if the commission finds that the applicant has shown that razor 738
wire is necessary for the security of the property in questionAll razor wire shall be 739
setback a minimum of three (3) feet from public property in zoning districts that 740
do not have a minimum setback. 741
742
Changes to 21A.40.120 L Electric security fencing: removes special exception requirements and 743
adds standards to address impacts.744
L. Electric Security Fences:745
1. Permitted Use: Electric security fences are allowed as a permitted use in the M-1 746
and M-2 zones. Electric security fences on parcels or lots that abut a residential zone are 747
prohibited.748
2. Special Exception: Electric security fences on parcels or lots adjacent to a 749
commercial zone may be approved as a special exception pursuant to the requirements 750
in chapter 21A.52 of this title.751
23. Location Requirements: Electric security fences shall not be allowed in required 752
front yard setbacks or on frontages adjacent to residentially zoned properties.753
34. Compliance With Adopted Building Codes: Electric security fences shall be 754
constructed or installed in conformance with all applicable construction codes.755
45. Perimeter Fence Or Wall: No electric security fence shall be installed or used 756
unless it is fully enclosed by a nonelectrical fence or wall that is not less than six6 feet 757
(6') in height. There shall be at least one1 foot (1') of spacing between the electric security 758
fence and the perimeter fence or wall.759
56. Staging Area: All entries to a site shall have a buffer area that allows on site 760
staging prior to passing the perimeter barrier. The site shall be large enough to 761
accommodate a vehicle completely outside of the public right of way.762
67. Height: Electric security fences shall have a maximum height of ten10 feet (10').763
78. Warning Signs: Electric security fences shall be clearly identified with warning 764
signs that read: "Warning-Electric Fence" at intervals of not greater than sixty60 feet 765
(60'). Signs shall comply with requirements in chapter 21A.46, "Signs", of this title.766
89. Security Box: Electric security fences shall have a small, wall mounted safe or 767
box that holds building keys for police, firefighters and EMTs to retrieve in emergencies. 768
769
Changes to 21A.40.130 Access for persons with disabilities. Removes the special exception 770
process and allows staff level decisions based on federal regulations. 771
21A.40.130 Access for persons with disabilities: building permits for an uncovered 772
vertical wheelchair lift, or for an uncovered access ramp, for persons with disabilities, 773
under four 4 feet (4') in height, or any other form of uncovered access, for persons with 774
disabilities, under four feet4 (4') in height, that encroaches into required yard areas, may 775
be approved by the Zoning Administrator as a permitted accessory structure. Covered 776
ramps or other access structures for persons with disabilities that encroach into required 777
134
yard areas, shall be considered as a reasonable accommodation under applicable federal 778
regulations. approved, pursuant to chapter 21A.52 of this title. Application for a special 779
exception for an access structure for persons with disabilities shall not require the 780
payment of any application fees.781
782
Changes to 21A.40.160 Ground mounted utility boxes: removes the ability to locate these in the 783
right of way when it exceeds a certain size and prohibits the ability to place utility boxes in the 784
right of way when the box only serves a single development. (this section may be see additional 785
changes) 786
21A.40.160E2: The city engineer may issue a permit for the installation of a ground 787
mounted utility box in the public right of way in accordance with standards set forth in 788
this section and title 14, chapter 14.32 of this code.789
a. Below grade utility boxes that do not extend greater than six6 inches (6") above 790
ground level.791
b. A ground mounted utility box installed in a park strip or behind the sidewalk in 792
the public way meeting the following criteria:793
(1) A ground mounted utility box not exceeding a height of three3 feet (3') and 794
a footprint of four (4) square feet, or a box not exceeding two2 feet (2') in 795
height and a footprint of eight (8) square feet.796
(2) The pad for a ground mounted utility box shall not extend more than six6 797
inches (6") beyond the footprint of the box.798
(3) A ground mounted utility box in a residential zoning district is located 799
within fifteen15 feet of the interior lot line of an adjacent property.800
(4) Excluding manufacturing, business park and general commercial zoning 801
districts no more than three (3) ground mounted utility boxes, excluding 802
exempt utility boxes, shall be allowed within a six hundred sixty foot (660')803
foot segment of street right of way, unless approved as a special exception. 804
(5) Any small ground mounted utility box that is less than sixty percent (60%) 805
of the allowed size in subsection E2b(1) of this section shall be exempt from 806
the special exception requirement of subsection E2b(4) of this section. The 807
dimensional requirements of this section do not apply to the equipment 808
necessary for placing electrical service under ground.809
c. A ground mounted utility box installed in a public alley that does not interfere 810
with the circulation function of the alley.811
d. Ground mounted utility boxes that only serve a single development or parcel 812
are prohibited in a public right of way. 813
21A.40.160 F: delete814
F. Special Exception: Proposed ground mounted utility boxes not specifically 815
addressed in subsection E of this section or that do not meet the standards of 816
subsection E of this section may be approved as a special exception pursuant to 817
chapter 21A.52 of this title and the following requirements:818
1. Application: A special exception application shall be made on a form 819
prepared by the planning director or designee and submitted to the 820
planning division, that includes required information and the following 821
additional information:822
a. Described plan of the proposed ground mounted utility box:823
135
(1) Dimensions of box and footing/platform detail.824
(2) Location of contact information on the box.825
(3) Description of cabinet materials and finish treatment.826
b. A location analysis which identifies other sites considered as 827
alternatives within five hundred feet (500') of the proposed location. 828
The applicant shall provide a written explanation why the 829
alternatives considered were either unavailable, or technologically or 830
reasonably infeasible.831
2. General Standards And Considerations For Special Exception Review Of 832
Ground Mounted Utility Boxes: No special exception application for a 833
ground mounted utility box shall be approved unless the planning 834
director or the planning director's designee determines that the ground 835
mounted utility box satisfies the applicable standards related to size, 836
spacing and/or location of the following criteria:837
a. Evidence that the existing ground mounted utility box location 838
and/or size are within a pattern that allowing an additional or larger 839
ground mounted utility box will not create a significant impact on the 840
character of the area.841
b. Evidence submitted that shows another location is not practical to 842
service the subject area.843
c. Sufficiently demonstrates the reason that the larger cabinet is 844
necessary.845
d. Demonstrates that the subject block face location is the only feasible 846
location for the ground mounted utility box based on technical or 847
physical constraints.848
e. Ground mounted utility boxes are spaced in such a manner as to limit 849
the visual impact of the box when viewed from the street or an 850
adjacent property.851
f. The location will not obstruct access to other installed utility facilities. 852
g. The additional cabinet is compatible in design and size with the 853
existing ground mounted utility boxes in the area.854
855
Amending 21A.44.090 (proposed chapter)856
21A.44.090 MODIFICATIONS TO PARKING AREAS857
Applicants requesting development permits or approvals may request adjustments to the 858
standards and requirements in this Chapter 21A.44:Off Street Parking, Mobility, and 859
Loading, and the City may approve adjustments to those standards, as described below. 860
A. Administrative ModificationsAuthority to Approve Modifications861
The Planning Director or Transportation Director may approve the following types of 862
modifications without requiring approval of a Special Exception, provided that the Director 863
determines that the adjustment will not create adverse impacts on pedestrian, bicycle, or 864
vehicle safety and that the adjustment is required due to the nature of the site and the 865
surrounding context to accommodate an unusual site feature (such as shape, topography, 866
utilities, or access point constraints) and that the need for the adjustment has not been 867
created by the actions of the applicant.868
136
869
B. Authorized Modifications870
1. Modification to dimensions or geometries of parking, loading, or stacking space, aisles, 871
or maneuvering areas otherwise required by this chapter, other City regulations, or the 872
Off Street Parking Standards Manual; provided that those modifications are consistent 873
with federal and state laws regarding persons with disabilities, including but not 874
limited to the Americans with Disabilities Act. 875
2. Modifications to bicycle parking or loading berth location or design standards. 876
B. Special Exceptions877
The following types of exceptions may be approved through the Special Exception process in 878
section 21A.52.040, provided that the application meets the criteria for approval of a Special 879
Exception in section 21A.52.060 in addition to the standards provided in this section.880
3. Exceptions PermittedFront Yard Parking881
a. The lot contains an existing residential building.882
b. No other off-street parking exists on the site.883
c. No provided side yard is greater than 8 feet. If greater than 8 feet, no tree over 6 884
inches in caliper is present in the side yard that would necessitate the removal of the 885
tree to locate a parking stall in the side yard or rear yard.886
d. The rear yard does not have frontage on a public street or public alley and the 887
property does not have access rights across an adjacent private street or alley.888
e. The front yard parking complies with the following standards:889
(1) The front yard parking is limited to no wider than 10 feet in width and is a 890
minimum depth of 20 feet.891
(2) The front yard parking is accessed by an approved drive approach.892
(3) The location of the front yard parking is placed within 10 feet of a side lot line or 893
for corner properties, may also be within 10 feet of a rear lot line and is 894
consistent with the location of other driveways on the block face.895
a. Front Yard Parking Exception896
For any zoning district, if front yard parking is prohibited in Table 21A.44.060-A: 897
Parking Location and Setback Requirements, it may be allowed if all of the 898
following conditions are met:899
(1)The rear or side yards cannot be reasonably accessed by vehicles, specifically;900
(a) Clearance for a driveway could not be provided in the side yard on either 901
side of the building that is free from obstructions that cannot reasonably 902
be avoided, such as utilities, window-wells, a specimen tree, a direct 903
elevation change of three feet (3') or greater, or retaining walls three feet 904
(3') high or greater; and905
(b) There is not a right-of-way or alley adjacent to the property with 906
established rights for access, where:907
a. The travel distance to the property line is less than one hundred feet 908
(100') from an improved street and the right-of-way or alley has at 909
least a minimum twelve foot (12') clearance that is, or could be paved; 910
or911
137
b. The travel distance to the property line is more than one hundred feet 912
(100') from an improved street and the right-of-way or alley has an 913
existing minimum twelve foot (12') wide paved surface.914
(2)It is not feasible to build an attached garage that conforms to yard area and 915
setback requirements;916
(3)Parking is limited to an area that is surfaced in compliance with the Off Street 917
Parking Standards Manual;918
(4)The parking area is limited to nine feet (9') wide by twenty feet (20') deep;919
(5)Vehicles using the parking area will not project across any sidewalk or into the 920
public right-of-way; and921
(6)Parking is restricted to passenger vehicles only.922
4. Vehicle and Equipment Storage Without Hard Surfacing923
a. The property is located in a CG, M-1, M-2, or EI zoning district924
b. The lot is used for long term vehicle storage, not for regular parking and/or 925
maneuvering.926
b. The storage areas are not located within any required front yard or corner side 927
yard.928
c. The storage area surface is compacted with 6 inches of road base or other similar929
material with dust control measures in place. 930
d. A mechanism, such as a wash bay, gravel guard, or rumble strip is used to remove 931
mud, sand, dirt, and gravel from the vehicle with a minimum of 50 feet of paved 932
driveway between the mechanism and a public street. The mechanism used is 933
subject to approval by the Transportation Director or designee provided it is a 934
commonly used device that is effective at removing debris from vehicle tires. 935
a. Vehicle and Equipment Storage Surfacing Exception936
Vehicle and equipment storage without hard surfacing may be permitted in the CG, 937
M-1, M-2 and EI zoning districts provided that:938
(1)The lot is used for long-term vehicle storage, not for regular parking and/or 939
maneuvering;940
(2)The vehicles or equipment stored are large and/or are built on tracks that 941
could destroy normal hard surfacing;942
(3)The parking surface is compacted with six inches (6") of road base and other 943
semi-hard material with long lasting dust control chemical applied annually;944
(4)A hard-surfaced cleaning station is installed to prevent tracking of mud and 945
sand onto the public right-of-way; and946
(5)Any vehicles or equipment that contain oil are stored with pans, drains, or 947
other means to ensure that any leaking oil will not enter the soil. 948
949
950
21A.46.070 V Historic District signs: removes the special exception and allows the existing 951
processes to modify sign dimensions in historic districts to be reviewed as a minor alteration.952
21A.46.070V Historic District Signs: The Historic Landmark Commission may authorize, 953
as a minor alteration special exception, modification to an existing sign or the size or 954
placement of a new sign in a historic district or on a landmark site, including placement 955
of a sign type not allowed in the underlying zone, if the applicant can demonstrate that 956
the location, size and/or design of the proposed sign is compatible with the design period 957
138
or theme of the historic structure or district and/or will cause less physical damage to the 958
historically significant structure. If a sign in a local historic district or on a landmark site 959
has been designated a vintage sign as per section 21A.46.125 of this chapter, the 960
modifications allowed in that section may be authorized by the Historic Landmark 961
Commission subject to the appropriate standards of section 21A.34.020 of this title.962
963
21A.46.125 Vintage signs: removes the special exception process and establishes the zoning 964
certificate as the process to approve vintage signs. 965
The purpose of this section is to promote the retention, restoration, reuse, and 966
reinstatement of nonconforming signs that represent important elements of Salt 967
Lake City's heritage and enhance the character of a corridor, neighborhood, or the 968
community at large.969
B. Notwithstanding any contrary provision of this title:970
1. An application for designation of vintage sign status as well as for the 971
reinstatement of, modifications to, or relocation of a vintage sign shall be 972
processed through the zoning certificate process in accordance with the 973
procedures for a special exception, as per chapter 21A.52 of this title21A.46.030: 974
a. Application: In addition to the general application requirements for a special 975
exceptionsign, an application for vintage sign designation or modification shall 976
require:977
(1) Detailed drawings and/or photographs of the sign in its current condition, 978
if currently existing;979
(2) Written narrative and supporting documentation demonstrating how the 980
sign meets the applicable criteria;981
(3) Detailed drawings of any modifications or reinstatement being sought;982
(4) Detailed drawings of any relocation being sought; and983
(5) Historic drawings and/or photographs of the sign.984
2. The Zoning Administrator shall designate an existing sign as a vintage sign if the 985
sign:986
a. Was not placed as part of a Localized Alternative Signage Overlay District and 987
has not been granted flexibility from the base zoning through a planned 988
development agreement or by the Historic Landmark Commission;989
b. Is not a billboard as defined in section 21A.46.020 of this chapter;990
c. Retains its original design character, or that character will be reestablished or 991
restored, based on historic evidence such as drawings or photographs; and,992
d. Meets at least four (4) of the following criteria:993
(1) The sign was specifically designed for a business, institution, or other 994
establishment on the subject site;995
(2) The sign bears a unique emblem, logo, or another graphic specific to the 996
City, or region;997
(3) The sign exhibits specific characteristics that enhance the streetscape or 998
identity of a neighborhood;999
(4) The sign is or was characteristic of a specific historic period;1000
(5) The sign is or was integral to the design or identity of the site or building 1001
where the sign is located; or,1002
(6) The sign represents an example of craftsmanship in the application of 1003
lighting technique, use of materials, or design.1004
3. A designated vintage sign may, by special exception: 1005
139
a. Be relocated within its current site.1006
b. Be modified to account for changing uses within its current site. These 1007
modifications shall be in the same style as the design of the original sign 1008
including:1009
(1) Shape and form1010
(2) Size,1011
(3) Typography,1012
(4) Illustrative elements,1013
(5) Use of color,1014
(6) Character of illumination, and1015
(7) Character of animation.1016
c. Be restored or recreated, and reinstated on its original site.1017
d. Be relocated to a new site for use as a piece of public art, provided that the 1018
original design and character of the sign is retained, or will be restored, and it 1019
advertises a business no longer in operation. Vintage signs may only be 1020
relocated for use as public art to sites in the following districts: D-1, D-2, D-3, 1021
D-4, G-MU, CSHBD1, CSHBD2, FB-UN2, FB-UN3, FB-SC, FB-SE, TSA.1022
e. Be relocated and reinstalled on the business's new site, should the business 1023
with which it is associated move, provided that the business's new location is 1024
within the same contiguous zoning district as the original location.1025
4. Once designated, a vintage sign is exempt from the calculation of allowed signage 1026
on a site.1027
1028
140
Special Exception Text Amendment
ZONING TEXT AMENDMENT
21A.50.050: 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. In deciding to amend the zoning map, the City Council should consider the
following:
CONSIDERATION FINDING RATIONALE
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;
The proposed
amendments are
generally
consistent with
the goals and
policies the
Citys plans.
The Salt Lake City Preservation Plan includes statements
regarding how zoning impacts the preservation of
property and that flexibility is necessary to ensure
changes do not negatively impact the public benefit of
historic districts. (Please see action pg. III-22 Action 2
of the Preservation Plan) This concept is expanded
in more detail with specific policies related to
regulations in policies 3.3a through 3.3h. A link to
the plan can be found here:
http://www.slcdocs.com/historicpreservation/Poli
cy/presplan.pdf
2. Whether a proposed
text amendment furthers
the specific purpose
statements of the zoning
ordinance;
The proposal
generally
furthers the
specific purpose
statements of
the zoning
ordinance by
ensuring their
enforcement and
administration.
The purpose of the zoning ordinance is to promote the
health, safety, morals, convenience, order, prosperity and
welfare of the present and future inhabitants of Salt Lake
City, to implement the adopted plans of the City, and
carry out the purposes of the Municipal Land Use
Development and Management Act (State Code). The
proposed amendments reduce conflicts between City and
State Code, better allowing enforcement and
administration of the Citys zoning ordinance. The
proposed changes maintain conformity with the general
purpose statements of the zoning ordinance and ensure
that the code can be legally administered and enforced to
further those ordinance purposes.
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
The proposal is
consistent with
and does not
impact the
enforceability of
any existing
appeal process
references in any
zoning overlays.
The purpose of the H Overlay District includes the
following statement: Encourage new development,
redevelopment and the subdivision of lots in Historic
Districts that is compatible with the character of existing
development of Historic Districts or individual
landmarks;. This proposal helps achieve this purpose by
providing the HLC the authority to consider
modifications within the overlay for the purpose of
ensuring compatibility with the surrounding historic
buildings.
4. The extent to which
a proposed text
The proposed
changes
This proposal removes red tape in the approval process
and provides a benefit for property owners within the H
141
Special Exception Text Amendment
amendment implements
best current,
professional practices of
urban planning and
design.
eliminate legal
conflicts,
improve
enforceability
and
administration
of City Code,
and so
implement best
professional
practices.
Overlay by allowing for flexibility for appropriate changes
to properties within the Overlay. The proposal reduces
staff time necessary to review proposals, reduces the time
spent by the HLC in considering changes, and allows for
a more streamlined approval process. The benefits lead
to a more efficient use of city resources at a reduced
expense to the property owner.
142
Special Exception Text Amendment
Public Notice, Meetings, Comments
The following is a list of public meetings that have been held, and other public input
opportunities, related to the proposal:
Early notification/online Open House notices e-mailed out August 13, 2020.
o Notices were e-mailed to all recognized community organizations (community
councils) per City Code 2.60 with a link to the online open house webpage
One community council (Sugar House) requested that staff attend and
present the changes to their Land Use and Zoning Committee
On September 21, 2020 staff attended the meeting over video
conference, reviewed the proposal, and answered questions. The
discussion included the following key subjects:
o The application fee and the degree to which an application
is subsidized.
o The ability of the decision makers to require additional
fence height to address impacts between incompatible
land uses, including when apartment buildings are next to
single family.
o Whether or not the ability to modify bulk requirements,
such as setbacks, building heights, etc. would apply to
historic buildings that not located within an existing
historic district.
o The Sugar House Community Council submitted a forma
response in response to the proposal.
No formal input was received from other community councils.
Emails were submitted by a resident of the East Bench neighborhood that
was generally in support of the proposal.
o The American Institute of Architects Utah Chapter was notified of the proposed
amendments on September 17, 2020. The Planning Division asked for their help
in notifying the local architecture community. No response was provided from
AIA. However, comments were received via email from a local architecture firm.
That email was not in support of the changes primarily due to the removal of
flexibility that special exceptions may provide.
o Information on the online open house posted to the Planning Division website
was posted on August 13, 2020. The information was emailed out to the Planning
Division list-serve every other week from August 14, 2020 through the October
11, 2020 early engagement period.
Notice of the public hearing for the proposal included:
143
Special Exception Text Amendment
Public hearing notice for the HLC meeting was sent through the Division email list on
mailed on October 22, 2020
Public hearing notice published to newspaper October 24, 2020
Public notice posted on City and State websites on October 22, 2020
No formal requests to receive notice of the proposed text amendment were received prior
to the noticing deadline of this public hearing.
144
From:John Blankevoort
To:Norris, Nick
Subject:(EXTERNAL) Special Exceptions
Date:Thursday, August 13, 2020 6:46:34 PM
Attachments:EBCC 6-17-2020 meeting.pdf
Hello Nick
I totally agree with your premise on the new special exception process changes,
frankly the city is already overwhelmed with frivolous requests on a number of
subjects.
I also have some further recommendations and would to participate to help you to
evaluate the wider problem.
We have several District chairpersons ( District 5, 6 etc) that are stoking the fire with
these notices of special exceptions. I would think this is driving more people to call
into the zoning and planning office, only to stymie the process and become actual
obstacles for your Dept.
Please find attached meeting minutes June 17, 2020. Item 7, brought up the subject
of a neighbor in Indian Hills subdivision and his special exception for building a home
and height limits. The neighbor and architect already had engaged with zoning and
planning and they had already gone through and contacted each of the abutting
neighbors to work through the issue. Our chairperson (Aimee Burrows) decided to
'follow through' with the process as if to say she was the street captain on zoning and
planning. I told her it was a frivolous use of our time. The neighbor is already following
the protocols then we should not allow our District Chairs to muddy up your depts.
time by making more work.
I propose to you that zoning and planning does not need anymore 'help; from local
District Council meetings and that a statement should be mentioned in your new
process changes to not encourage creating anymore duplicate work for special
exceptions. And although we all have the right to public information, it is not the
charter of local meetings to drive special exception agenda. We need to be more
efficient, don't you agree?
Best
John
145
From:Ann Robinson
To:Norris, Nick; Annie V. Schwemmer
Subject:RE: (EXTERNAL) Special Exception Changes
Date:Tuesday, October 20, 2020 1:56:57 PM
Well, these situations were handled previously by special exceptions because each circumstance is
unique. By eliminating special exceptions, you are now trying to make rules that cover all
possibilities—probably not possible.
Let us think about this a bit and get back to you.
Ann Robinson, AIA
Principal // Renovation Design Group
824 SOUTH 400 WEST | SUITE B123 | SALT LAKE CITY | UTAH | 84101
O. 801.533.5331 | M. 801.230.2080
RenovationDesignGroup.com | Facebook Fans | Houzz Portfolio
From: Norris, Nick <Nick.Norris@slcgov.com>
Sent: Tuesday, October 20, 2020 1:48 PM
To: Annie V. Schwemmer <annie@rdgslc.com>
Cc: Ann Robinson <ann@rdgslc.com>
Subject: RE: (EXTERNAL) Special Exception Changes
Thanks Annie, these are helpful comments. Do you have some ideas on how we can accommodate
these issues within the proposal?
NICK NORRIS
Director
Planning Division
DEPARTMENT of COMMUNITY and NEIGHBORHOODS
SALT LAKE CITY CORPORATION
TEL 801-535-6173
CELL 801-641-1728
Email nick.norris@slcgov.com
WWW.SLC.GOV/PLANNING
From: Annie V. Schwemmer <annie@rdgslc.com>
Sent: Tuesday, October 20, 2020 1:33 PM
To: Norris, Nick <Nick.Norris@slcgov.com>
Cc: Ann Robinson <ann@rdgslc.com>
Subject: (EXTERNAL) Special Exception Changes
Hi Nick-
We’ve reviewed the proposed special exception changes and since we do so many
renovations/additions in SLC we have the following comments:
146
Garages Built into Hillsides in Front or Corner Side Yards: It seems there will be very few of these that
would not also need to project into a front yard setback.
Central Air Condensers: There are many side yards that can accommodate a condenser without
causing undue hardship on the neighbor (for instance, a 4’ side yard adjacent to a neighbor’s
driveway) and there should be a way for these to be allowed.
Corner side yards: We think in-line additions need to be allowed in side yard setbacks to avoid
awkward interior spaces & rooflines.
Noncomplying as to height: We think rear additions should be allowed to match the height of the
existing roofline even if the existing structure is noncomplying. This change will create odd looking
rooflines and will preclude 2nd stories on rear additions if the lower roofline makes the upper level
ceiling lower than 7’ high.
Thanks-
Annie
Annie V. Schwemmer, AIA
Principal // Renovation Design Group
824 SOUTH 400 WEST | SUITE B123 | SALT LAKE CITY | UTAH | 84101
O. 801.533.5331 | M. 801.560.7171
RenovationDesignGroup.com | Facebook Fans | Houzz Portfolio
147
148
149
Special Exception Text Amendment
Planning Staff Note: This proposal was routed to the City Departments and Divisions for
review on August 11, 2020. In addition, a follow up meeting was held on September 30, 2020
with Engineering and Building Services to discuss ground mounted utility boxes and how to
address them. Below are submitted comments from each Department or Division and a
summary of associated meetings.
Airports: no comments received.
Building Services (zoning review): Indicated that they thought this would be time saver
for staff and would be helpful. They provided specific changes to the following sections
of the proposal:
o Edit suggestions regarding Table 21A.36.020.B Obstructions in yards;
o Support addressing grade changes and retaining walls as it removes vagueness
in doing related zoning reviews.
o Requested that the expansions of nonconforming uses be limited to a one-time
request to avoid repeated requests over time.
o Regarding noncomplying lots, add provision about complying with all applicable
provisions so that it includes building and fire codes.
o Remove some of the standards for unit legalizations that deal with past zoning
violations. Past violations that are unrelated to the existence of a dwelling unit
should not be a factor in determining if the unit can be recognized as a legal
dwelling unit.
o Concerns with letting any accessory use go into an accessory building. Is a
welding shop appropriate in a shed, for example?
Building Services (civil enforcement): no comments provided.
Economic Development: inquired about eliminating the ability to seek additional
building height in commercial districts. Planning staff provided the department with the
number of applications received requesting additional height in commercial districts
and information on other processes available to seek additional height. The Division
also mentioned that there will be a future analysis of building heights in commercial
districts to align with building code requirements, promote more housing, and
encourage improved street engagement. Comments were provided by Roberta
Reichgelt.
Engineering: Engineering is concerned with prohibiting all utility boxes in the ROW.
This puts the burden on Engineering to make decisions about the aesthetics of utility
boxes when they are mostly focused on the engineering and impact to physical
infrastructure, such as sidewalks, curb, and gutter.
Finance: no comments received. This was routed to Finance due to the impact on
revenue from special exception application fees. It is anticipated that Planning Division
revenue will decrease by $40,000 to $45,000 per year.
150
Special Exception Text Amendment
Fire Department: no comments provided.
Housing and Neighborhood Development: no comments provided.
Information Management Services (IMS): no comments provided. Deleting special
exceptions will require deactivating the application in the Accela system.
Mayors Office: The Mayor was briefed on the concept before the petition was initiated.
The Mayor asked that the project include a comprehensive approach and that changes
be considered to maintain flexibility while limiting impacts.
Police Department: no comments provided.
Public Services:
o Parks and Public Lands: Parks and Public Lands provided comments relating to
fence height around outdoor recreation facilities and light poles associated with
sports fields.
o Golf Division: provided comments regarding fence heights around golf course
driving ranges.
o the Salt Lake Regional Sports Complex provided input on the height and setbacks
of athletic field lighting.
Public Utilities: Public Utilities provided comments about exempting some necessary
infrastructure and utility buildings from height requirements in the OS Zoning District,
asking if the riparian and lowland overlay zoning districts still apply, clarifying that
underground encroachments are on private property only, and ensuring that antennae
height would allow the necessary infrastructure to monitor utility facilities. Comments
provided by Jason Draper.
Redevelopment Agency: The RDA indicated that they supported the changes because
they will help to streamline the building permit review process and provide more
predictability for property owners. Comments provided by Lauren Parisi.
Sustainability: no comments provided.
Transportation: Indicated that they had no suggested changes. Comment provided by
Michael Barry.
Urban Forestry: no comments provided.
151
From:Reichgelt, Roberta
To:Norris, Nick
Subject:RE: Special Exception Text Amendment
Date:Monday, August 31, 2020 3:02:32 PM
Got it. Thanks
From: Norris, Nick <Nick.Norris@slcgov.com>
Sent: Monday, August 31, 2020 2:22 PM
To: Reichgelt, Roberta <Roberta.Reichgelt@slcgov.com>
Subject: RE: Special Exception Text Amendment
This type of special exception says that it has to be approved by the Planning Commission. The PC
processing time for special exceptions is historically around 45 days. We don’t have an application
for additional height in a commercial district that hasn’t also required design review or planned
development due to some other requested modification. So we don’t have any data on how long
this specific special exception would normally take.
NICK NORRIS
Planning Director
PLANNING DIVISION
COMMUNITY and NEIGHBORHOODS
SALT LAKE CITY CORPORATION
TEL 801-535-6173
Email nick.norris@slcgov.com
WWW.SLC.GOV/PLANNING
From: Reichgelt, Roberta <Roberta.Reichgelt@slcgov.com>
Sent: Monday, August 31, 2020 2:07 PM
To: Norris, Nick <Nick.Norris@slcgov.com>
Subject: RE: Special Exception Text Amendment
Thanks, is the special exception process generally shorter than a planned development? So this
different would be that it might take the applicant longer in the future?
From: Norris, Nick <Nick.Norris@slcgov.com>
Sent: Monday, August 31, 2020 1:29 PM
To: Reichgelt, Roberta <Roberta.Reichgelt@slcgov.com>
Subject: RE: Special Exception Text Amendment
Not common. We have had two requests in the last three years and only one other in the previous
10. Most are already in the planned development or design review process anyways and address
height in those processes. This option is mostly used in zoning districts that don’t have the extra
height option through the design review process.
ICK ORRIS
152
N N
Planning Director
PLANNING DIVISION
COMMUNITY and NEIGHBORHOODS
SALT LAKE CITY CORPORATION
TEL 801-535-6173
Email nick.norris@slcgov.com
WWW.SLC.GOV/PLANNING
From: Reichgelt, Roberta <Roberta.Reichgelt@slcgov.com>
Sent: Monday, August 31, 2020 1:01 PM
To: Norris, Nick <Nick.Norris@slcgov.com>
Subject: FW: Special Exception Text Amendment
Hi Nick,
Could you help me understand if this is a common request? I have followed planned development
process on height requests that are much larger than this. How did the special exception process for
this type of request come to be and why was it not able to be approved through the Design Review?
You can call me if it’s easier than responding via email: 385-214-9628.
Thanks,
Roberta
Special Exceptions in 21A.26 Commercial Zoning Districts
Zoning ordinance section 21A.26.010 Paragraph J authorizes a special
exception for additional height if the additional height is less than 10% of the
maximum allowed in the specific zone. For example, in the CB zone the
maximum height is thirty feet. A special exception could approve up to three
feet. This has resulted in three different ways for extra height to be granted:
Through the planned development process (limited to a maximum of five feet);
Through the design review process (including when allowed under the base
zoning and in cases where the lot is sloping, which is almost every lot); and
Through the special exception process.
The proposal would be to delete this paragraph so that the extra height is
authorized only through the planned development process or when allowed by
the base zoning district through the design review process.
From: Kolendar, Ben <Ben.Kolendar@slcgov.com>
Sent: Wednesday, August 12, 2020 9:59 AM
To: Reichgelt, Roberta <Roberta.Reichgelt@slcgov.com>; Wright, William
<William.Wright@slcgov.com>
Cc: Makowski, Peter <Peter.Makowski@slcgov.com>
Subject: FW: Special Exception Text Amendment
153
From: Norris, Nick <Nick.Norris@slcgov.com>
Sent: Tuesday, August 11, 2020 8:44 AM
To: Mikolash, Gregory <gregory.mikolash@slcgov.com>; Padilla, Antonio
<Antonio.Padilla@slcgov.com>; Young, Kevin <Kevin.Young@slcgov.com>; Weiler, Scott
<scott.weiler@slcgov.com>; Draper, Jason <Jason.Draper@slcgov.com>; Eggertsen-Goff, Lani
<Lani.Eggertsen-goff@slcgov.com>; Nielson, Paul <paul.nielson@slcgov.com>; Gliot, Tony
<Tony.Gliot@slcgov.com>; Paulsen, Paul <paul.paulsen@slcgov.com>; Lyons, Debbie
<debbie.lyons@slcgov.com>; Kogan, Lewis <Lewis.Kogan@slcgov.com>
Cc: Bennett, Vicki <vicki.bennett@slcgov.com>; Bentley, Aaron <aaron.bentley@slcgov.com>;
Briefer, Laura <Laura.Briefer@slcgov.com>; Brown, Mike <Mike.Brown@slcgov.com>; Burnette, Lisa
<Lisa.Burnette@slcgov.com>; Kolendar, Ben <Ben.Kolendar@slcgov.com>; Lewis, Katherine
<Katherine.Lewis@slcgov.com>; Lieb, Karl <Karl.Lieb@slcgov.com>; Lofgreen, Pamela
<Pamela.Lofgreen@slcgov.com>; Preece, Curtis <Curtis.Preece@slcgov.com>; Thompson, Mary Beth
<MaryBeth.Thompson@slcgov.com>; Vogt, Lorna <Lorna.Vogt@slcgov.com>; Walz, Danny
<Danny.Walz@slcgov.com>; Wyatt, Bill <Bill.Wyatt@slcgov.com>; Mcgrath, Jennifer
<Jennifer.Mcgrath@slcgov.com>; Shaffer, Lisa <Lisa.Shaffer@slcgov.com>
Subject: Special Exception Text Amendment
Attached is information regarding a change to the zoning ordinance that would eliminate the special
exception process from the zoning ordinance. The document explains what would happen with each
authorized special exception. There are 42 different special exceptions authorized in the zoning
ordinance. Each special exception would fall into one of the following categories:
The exception would become “by-right” without special approval required. An example would
be using an accessory building on a residential property as a hobby shop.
The exception would be allowed with specific qualifying provisions. An example would be
grade changes and retaining walls over four feet in height.
The exception will be specifically prohibited and would have to comply with the existing
standards in the ordinance. An example would be an inline addition to a building that does
not meet existing setbacks. The addition would have to comply with the required setbacks.
There are some special exceptions that may directly impact your Department or Division or that we
would like to receive input on. Here is a partial list:
Building Services: Most of these changes will impact zoning reviews.
Public Utilities: Specific exceptions listed in the OS zone for public utility buildings/structures
over the maximum height would be exempt from the height regulations instead of requiring a
special exception.
Parks and Public Lands: the exception of over-height outdoor recreation
equipment/structures and play field lighting would be eliminated and replaced with maximum
heights for these structures.
Engineering: the special exception authorizing ground mounted utility boxes over a certain
size in the ROW would be eliminated. Utility boxes that serve a private development would
be required to be located on private property.
Civil Enforcement: the option to bring a property into compliance through a special exception
will be eliminated.
154
HAND: the unit legalization process would become a determination of nonconforming use
process.
Finance: this will have an impact on Division revenue. Special exceptions generate
approximately $40,000 annually in application fees.
Please review the attached document and provide comments by September 11, 2020. The process
includes a 45 day early engagement period with the community and a public hearing and
recommendation from the Planning Commission. It is anticipated that these steps will be complete
by late October. The transmittal and City Council process will follow. Comments can be emailed to
me or entered directly into Accela under the file number: PLNPCM2020-00606. You can choose to
add your comments to the attached document that has been provided in word format to make it
easy to add comments and propose changes. I have included Dept. Directors as an FYI so they can
decide if a response is necessary. Please share any concerns with your Department or Division and
provide as comprehensive of a list of comments/issues as possible. If you have any questions, please
don’t hesitate to ask. Thank you for your time!
NICK NORRIS
Planning Director
PLANNING DIVISION
COMMUNITY and NEIGHBORHOODS
SALT LAKE CITY CORPORATION
TEL 801-535-6173
Email nick.norris@slcgov.com
WWW.SLC.GOV/PLANNING
155
From:Draper, Jason
To:Norris, Nick; Briefer, Laura
Subject:RE: Special Exception Text Amendment
Date:Monday, October 5, 2020 11:23:59 AM
Sounds good
We just want to make sure that we don’t run into problems with antennae height for SCADA systems
and other communications. It seems that these changes are specific to amateur and private
property, but just want to make sure we are able to at least have review available for these
antennae.
Thanks!
Jason Draper, PE, CFM
Development Review Manager - Floodplain Administrator
Salt Lake City Department of Public Utilities
From: Norris, Nick <Nick.Norris@slcgov.com>
Sent: Monday, October 5, 2020 11:15 AM
To: Draper, Jason <Jason.Draper@slcgov.com>; Briefer, Laura <Laura.Briefer@slcgov.com>
Subject: RE: Special Exception Text Amendment
Thanks Jason, a few questions
The riparian, lowland, and any other flood zone requirements would still apply and not be
impacted by these changes. They would be reviewed during building permit review.
The underground encroachments in this instance apply to private property. Wasn’t sure if
that was made clear in the info provided or if there are other issues that Public Utilities has.
There are a couple of sections that address antennae tower height. Can you clarify which
section that comment is referring to?
None of the public utilities facility on West Temple is zoned OS.
NICK NORRIS
Planning Director
PLANNING DIVISION
COMMUNITY and NEIGHBORHOODS
SALT LAKE CITY CORPORATION
TEL 801-535-6173
Email nick.norris@slcgov.com
WWW.SLC.GOV/PLANNING
From: Draper, Jason <Jason.Draper@slcgov.com>
Sent: Monday, October 5, 2020 10:28 AM
To: Norris, Nick <Nick.Norris@slcgov.com>; Briefer, Laura <Laura.Briefer@slcgov.com>
Subject: RE: Special Exception Text Amendment
156
I have a couple of comments:
Replacement of noncomplying building must meet riparian and flood zone requirements.
Changes of established grade of 4 feet or less – must meet provisions of the flood hazard and
riparian overlay and lowland conservancy overlay zones
Underground encroachments – We would rather see this as not permitted or at least need to
establish the encroachment table before this goes away.
Public Utility buildings in OS Zone: I think this looks good – no office buildings in OS
Ground mounted utility boxes – support this action.
I’m a little concerned with a 60 ft max for an antenna tower and no mechanism to present a
case for anything taller.
Some years ago there was a discussion to zone the 1530 South West Temple Park as OS. We
may need the property for future expansion of our campus. Do you know if any of our
campus is currently OS?
Thanks!
Jason Draper, PE, CFM
Development Review Manager - Floodplain Administrator
Salt Lake City Department of Public Utilities
From: Norris, Nick <Nick.Norris@slcgov.com>
Sent: Monday, October 5, 2020 8:47 AM
To: Briefer, Laura <Laura.Briefer@slcgov.com>; Draper, Jason <Jason.Draper@slcgov.com>
Subject: FW: Special Exception Text Amendment
Wanted to follow up with these proposed zoning changes that may impact public utilities. I haven’t
received any comments yet, so wanted to do a final check to see if there are potential issues. The
biggest changes for public utilities are the changes exempt public utility structures from the height
requirements in the OS zone (pg 11 of the attached) and permits taller fences when necessary to
secure critical infrastructure and facilities (pg 26-27). We hope to take this to the PC on November
18th for a recommendation. The other change that you may want to know about it is prohibiting
ground mounted utility boxes in the ROW when they are only serving a private development. The
change would require those to be on private property. Let me know if you have any concerns with
the changes.
NICK NORRIS
Planning Director
PLANNING DIVISION
COMMUNITY and NEIGHBORHOODS
SALT LAKE CITY CORPORATION
TEL 801-535-6173
Email nick.norris@slcgov.com
WWW.SLC.GOV/PLANNING
157
From: Norris, Nick
Sent: Tuesday, August 11, 2020 8:44 AM
To: Mikolash, Gregory <gregory.mikolash@slcgov.com>; Padilla, Antonio
<Antonio.Padilla@slcgov.com>; Young, Kevin <Kevin.Young@slcgov.com>; Weiler, Scott
<scott.weiler@slcgov.com>; Draper, Jason <Jason.Draper@slcgov.com>; Eggertsen-Goff, Lani
<Lani.Eggertsen-Goff@slcgov.com>; Nielson, Paul <paul.nielson@slcgov.com>; Gliot, Tony
<Tony.Gliot@slcgov.com>; Paulsen, Paul <paul.paulsen@slcgov.com>; Lyons, Debbie
<debbie.lyons@slcgov.com>; Kogan, Lewis <Lewis.Kogan@slcgov.com>
Cc: Bennett, Vicki <vicki.bennett@slcgov.com>; Bentley, Aaron <aaron.bentley@slcgov.com>;
Briefer, Laura <Laura.Briefer@slcgov.com>; Brown, Mike <Mike.Brown@slcgov.com>; Burnette, Lisa
<Lisa.Burnette@slcgov.com>; Kolendar, Ben <Ben.Kolendar@slcgov.com>; Lewis, Katherine
<Katherine.Lewis@slcgov.com>; Lieb, Karl <Karl.Lieb@slcgov.com>; Lofgreen, Pamela
<pamela.lofgreen@slcgov.com>; Preece, Curtis <Curtis.Preece@slcgov.com>; Thompson, Mary Beth
<MaryBeth.Thompson@slcgov.com>; Vogt, Lorna <Lorna.Vogt@slcgov.com>; Walz, Danny
<Danny.Walz@slcgov.com>; Wyatt, Bill <Bill.Wyatt@slcgov.com>; Mcgrath, Jennifer
<jennifer.mcgrath@slcgov.com>; Shaffer, Lisa <Lisa.Shaffer@slcgov.com>
Subject: Special Exception Text Amendment
Attached is information regarding a change to the zoning ordinance that would eliminate the special
exception process from the zoning ordinance. The document explains what would happen with each
authorized special exception. There are 42 different special exceptions authorized in the zoning
ordinance. Each special exception would fall into one of the following categories:
The exception would become “by-right” without special approval required. An example would
be using an accessory building on a residential property as a hobby shop.
The exception would be allowed with specific qualifying provisions. An example would be
grade changes and retaining walls over four feet in height.
The exception will be specifically prohibited and would have to comply with the existing
standards in the ordinance. An example would be an inline addition to a building that does
not meet existing setbacks. The addition would have to comply with the required setbacks.
There are some special exceptions that may directly impact your Department or Division or that we
would like to receive input on. Here is a partial list:
Building Services: Most of these changes will impact zoning reviews.
Public Utilities: Specific exceptions listed in the OS zone for public utility buildings/structures
over the maximum height would be exempt from the height regulations instead of requiring a
special exception.
Parks and Public Lands: the exception of over-height outdoor recreation
equipment/structures and play field lighting would be eliminated and replaced with maximum
heights for these structures.
Engineering: the special exception authorizing ground mounted utility boxes over a certain
size in the ROW would be eliminated. Utility boxes that serve a private development would
be required to be located on private property.
Civil Enforcement: the option to bring a property into compliance through a special exception
will be eliminated.
HAND: the unit legalization process would become a determination of nonconforming use
158
process.
Finance: this will have an impact on Division revenue. Special exceptions generate
approximately $40,000 annually in application fees.
Please review the attached document and provide comments by September 11, 2020. The process
includes a 45 day early engagement period with the community and a public hearing and
recommendation from the Planning Commission. It is anticipated that these steps will be complete
by late October. The transmittal and City Council process will follow. Comments can be emailed to
me or entered directly into Accela under the file number: PLNPCM2020-00606. You can choose to
add your comments to the attached document that has been provided in word format to make it
easy to add comments and propose changes. I have included Dept. Directors as an FYI so they can
decide if a response is necessary. Please share any concerns with your Department or Division and
provide as comprehensive of a list of comments/issues as possible. If you have any questions, please
don’t hesitate to ask. Thank you for your time!
NICK NORRIS
Planning Director
PLANNING DIVISION
COMMUNITY and NEIGHBORHOODS
SALT LAKE CITY CORPORATION
TEL 801-535-6173
Email nick.norris@slcgov.com
WWW.SLC.GOV/PLANNING
159
From:Barry, Michael
To:Norris, Nick
Cc:Young, Kevin; Larsen, Jonathan; Larson, Kurt
Subject:RE: Special Exception Text Amendment
Date:Monday, August 31, 2020 1:23:56 PM
Nick,
I do not have any suggested changes. Thanks.
MICHAEL BARRY, P.E.
Transportation Engineer
TRANSPORTATION DIVISION
COMMUNITY and ECONOMIC DEVELOPMENT
SALT LAKE CITY CORPORATION
TEL 801-535-7147
From: Young, Kevin <Kevin.Young@slcgov.com>
Sent: Tuesday, August 11, 2020 10:22 AM
To: Larsen, Jonathan <jon.larsen@slcgov.com>; Larson, Kurt <Kurt.Larson@slcgov.com>; Barry,
Michael <Michael.Barry@slcgov.com>
Subject: FW: Special Exception Text Amendment
FYI
If you have any comments or input, please provide them by September 11.
KEVIN J. YOUNG, P.E.
Deputy Director
TRANSPORTATION DIVISION
DEPARTMENT OF COMMUNITY AND NEIGHBORHOODS
SALT LAKE CITY CORPORATION
TEL 801-535-7108
From: Norris, Nick <Nick.Norris@slcgov.com>
Sent: Tuesday, August 11, 2020 8:44 AM
To: Mikolash, Gregory <gregory.mikolash@slcgov.com>; Padilla, Antonio
<Antonio.Padilla@slcgov.com>; Young, Kevin <Kevin.Young@slcgov.com>; Weiler, Scott
<scott.weiler@slcgov.com>; Draper, Jason <Jason.Draper@slcgov.com>; Eggertsen-Goff, Lani
<Lani.Eggertsen-goff@slcgov.com>; Nielson, Paul <paul.nielson@slcgov.com>; Gliot, Tony
<Tony.Gliot@slcgov.com>; Paulsen, Paul <paul.paulsen@slcgov.com>; Lyons, Debbie
<debbie.lyons@slcgov.com>; Kogan, Lewis <Lewis.Kogan@slcgov.com>
Cc: Bennett, Vicki <vicki.bennett@slcgov.com>; Bentley, Aaron <aaron.bentley@slcgov.com>;
Briefer, Laura <Laura.Briefer@slcgov.com>; Brown, Mike <Mike.Brown@slcgov.com>; Burnette, Lisa
<Lisa.Burnette@slcgov.com>; Kolendar, Ben <Ben.Kolendar@slcgov.com>; Lewis, Katherine
<Katherine.Lewis@slcgov.com>; Lieb, Karl <Karl.Lieb@slcgov.com>; Lofgreen, Pamela
<Pamela.Lofgreen@slcgov.com>; Preece, Curtis <Curtis.Preece@slcgov.com>; Thompson, Mary Beth
160
<MaryBeth.Thompson@slcgov.com>; Vogt, Lorna <Lorna.Vogt@slcgov.com>; Walz, Danny
<Danny.Walz@slcgov.com>; Wyatt, Bill <Bill.Wyatt@slcgov.com>; Mcgrath, Jennifer
<Jennifer.Mcgrath@slcgov.com>; Shaffer, Lisa <Lisa.Shaffer@slcgov.com>
Subject: Special Exception Text Amendment
Attached is information regarding a change to the zoning ordinance that would eliminate the special
exception process from the zoning ordinance. The document explains what would happen with each
authorized special exception. There are 42 different special exceptions authorized in the zoning
ordinance. Each special exception would fall into one of the following categories:
The exception would become “by-right” without special approval required. An example would
be using an accessory building on a residential property as a hobby shop.
The exception would be allowed with specific qualifying provisions. An example would be
grade changes and retaining walls over four feet in height.
The exception will be specifically prohibited and would have to comply with the existing
standards in the ordinance. An example would be an inline addition to a building that does
not meet existing setbacks. The addition would have to comply with the required setbacks.
There are some special exceptions that may directly impact your Department or Division or that we
would like to receive input on. Here is a partial list:
Building Services: Most of these changes will impact zoning reviews.
Public Utilities: Specific exceptions listed in the OS zone for public utility buildings/structures
over the maximum height would be exempt from the height regulations instead of requiring a
special exception.
Parks and Public Lands: the exception of over-height outdoor recreation
equipment/structures and play field lighting would be eliminated and replaced with maximum
heights for these structures.
Engineering: the special exception authorizing ground mounted utility boxes over a certain
size in the ROW would be eliminated. Utility boxes that serve a private development would
be required to be located on private property.
Civil Enforcement: the option to bring a property into compliance through a special exception
will be eliminated.
HAND: the unit legalization process would become a determination of nonconforming use
process.
Finance: this will have an impact on Division revenue. Special exceptions generate
approximately $40,000 annually in application fees.
Please review the attached document and provide comments by September 11, 2020. The process
includes a 45 day early engagement period with the community and a public hearing and
recommendation from the Planning Commission. It is anticipated that these steps will be complete
by late October. The transmittal and City Council process will follow. Comments can be emailed to
me or entered directly into Accela under the file number: PLNPCM2020-00606. You can choose to
add your comments to the attached document that has been provided in word format to make it
easy to add comments and propose changes. I have included Dept. Directors as an FYI so they can
decide if a response is necessary. Please share any concerns with your Department or Division and
provide as comprehensive of a list of comments/issues as possible. If you have any questions, please
161
don’t hesitate to ask. Thank you for your time!
NICK NORRIS
Planning Director
PLANNING DIVISION
COMMUNITY and NEIGHBORHOODS
SALT LAKE CITY CORPORATION
TEL 801-535-6173
Email nick.norris@slcgov.com
WWW.SLC.GOV/PLANNING
162
From:Laughlin, Chris
To:Norris, Nick
Cc:Bollwinkel, Lee
Subject:RE: text changes impacted OS zone
Date:Tuesday, October 6, 2020 8:45:44 AM
Hey Nick,
Hope we’re not too late. I just spoke with Bruce Brown in engineering and he said the poles are 70
ft. tall for our field lights. 30 ft sounds good for property distance.
Chris Laughlin | RAC Program Manager
From: Kogan, Lewis
Sent: Monday, October 5, 2020 8:57 AM
To: Norris, Nick <Nick.Norris@slcgov.com>; Riker, Kristin <Kristin.Riker@slcgov.com>; Bollwinkel, Lee
<lee.bollwinkel@slcgov.com>; Laughlin, Chris <Chris.Laughlin@slcgov.com>
Subject: RE: text changes impacted OS zone
Importance: High
Nick, my sincere apologies, I must have missed your first email and it got lost in my inbox.
I am going to defer to the experts here:
Lee, Chris, can you please review Nick’s questions below at your earliest convenience, and let him
know how the proposed changes to ordinance would impact lighting and recreational equipment
heights, particularly for the Regional Athletic Complex?
Thanks!
Lewis
From: Norris, Nick <Nick.Norris@slcgov.com>
Sent: Monday, October 5, 2020 8:39 AM
To: Kogan, Lewis <Lewis.Kogan@slcgov.com>; Riker, Kristin <Kristin.Riker@slcgov.com>
Subject: RE: text changes impacted OS zone
Wanted to follow up on this to see if you have any input.
NICK NORRIS
Planning Director
PLANNING DIVISION
COMMUNITY and NEIGHBORHOODS
SALT LAKE CITY CORPORATION
TEL 801-535-6173
Email nick.norris@slcgov.com
163
WWW.SLC.GOV/PLANNING
From: Norris, Nick
Sent: Thursday, August 6, 2020 9:57 AM
To: Kogan, Lewis <Lewis.Kogan@slcgov.com>
Subject: text changes impacted OS zone
Lewis,
We are working on a massive text change that will eliminate special exceptions from the zoning
ordinance. There are two specific special exceptions that could impact parks and recreational
facilities in the OS open space zone.
The first impacts recreational equipment in excess of 60 feet. Right now a special exception could
be granted to exceed that height. This was put in to provide flexibility for hogle zoo who wanted to
add a ropes course to the zoo and they were not sure how tall the poles were going to be. It also
allows for things like driving range fences to be up to 60 feet tall. Can you let us know if limiting the
height to 60 feet is going to cause problems or if there is any structure that exceeds 60 feet
currently? I don’t know how tall driving range fences are.
The second addresses light poles for recreational facilities. The code allows a special exception for
these to be taller when located within thirty feet of an adjacent residential structure. The current
code allows the lights to be 60 feet in height. Taller lights would trigger the special exception cited
above as well as if the light is within 30 feet of dwelling. There are screening requirements as well to
reduce light pollution. We are proposing to allow these up to 80 feet in height, but are trying to
figure out how far away they should be from the property line. Can you give us an idea of how tall
these lights tend to be and how far from property lines they should be? We would like to publish
public info on this in the next week or so. If that is not enough time, let me know how much time
you need so we can figure something out. Thanks.
NICK NORRIS
Planning Director
PLANNING DIVISION
COMMUNITY and NEIGHBORHOODS
SALT LAKE CITY CORPORATION
TEL 801-535-6173
Email nick.norris@slcgov.com
WWW.SLC.GOV/PLANNING
164
From:Kammeyer, Matt
To:Norris, Nick; Kogan, Lewis
Subject:RE: text changes impacted OS zone
Date:Tuesday, October 6, 2020 2:38:34 PM
Attachments:image001.png
image002.png
image003.png
image004.png
Nick and Lewis,
I’m responding directly to you in relation to Kristin’s question about driving range fence heights.
Driving range fences typically fall within the 60 to 80 foot range. The Top Golf range fence is upward
of 125 feet. Let me know if I can provide more info.
MATT KAMMEYER
Director, Golf Program
GOLF ENTERPRISE FUND
SALT LAKE CITY CORPORATION
TEL 801-485-7823
FAX 801-466-6705
WWW.SLC-GOLF.COM
WWW.SLCGOV.COM
From: Riker, Kristin <Kristin.Riker@slcgov.com>
Sent: Monday, October 5, 2020 1:23 PM
To: Kammeyer, Matt <Matt.Kammeyer@slcgov.com>
Subject: FW: text changes impacted OS zone
Hi Matt-
Hope you all had a great event today. I apologize I missed it, thank you for asking me! I’m
tied to being close to my mom right now as she is not healthy and needs a lot of care.
Anyhow, please see Nick’s email below. Can you tell me how tall driving range fences are?
KRISTIN RIKER
Public Services Deputy Director; Public Lands
Salt Lake City Public Lands Divisions
Parks, Trails & Natural Lands, Urban Forestry
CELL 801-514-0205
TEL 801-972-7804
FAX 801-972-7847
165
From: Norris, Nick <Nick.Norris@slcgov.com>
Sent: Monday, October 5, 2020 8:39 AM
To: Kogan, Lewis <Lewis.Kogan@slcgov.com>; Riker, Kristin <Kristin.Riker@slcgov.com>
Subject: RE: text changes impacted OS zone
Wanted to follow up on this to see if you have any input.
NICK NORRIS
Planning Director
PLANNING DIVISION
COMMUNITY and NEIGHBORHOODS
SALT LAKE CITY CORPORATION
TEL 801-535-6173
Email nick.norris@slcgov.com
WWW.SLC.GOV/PLANNING
From: Norris, Nick
Sent: Thursday, August 6, 2020 9:57 AM
To: Kogan, Lewis <Lewis.Kogan@slcgov.com>
Subject: text changes impacted OS zone
Lewis,
We are working on a massive text change that will eliminate special exceptions from the zoning
ordinance. There are two specific special exceptions that could impact parks and recreational
facilities in the OS open space zone.
The first impacts recreational equipment in excess of 60 feet. Right now a special exception could
be granted to exceed that height. This was put in to provide flexibility for hogle zoo who wanted to
add a ropes course to the zoo and they were not sure how tall the poles were going to be. It also
allows for things like driving range fences to be up to 60 feet tall. Can you let us know if limiting the
height to 60 feet is going to cause problems or if there is any structure that exceeds 60 feet
currently? I don’t know how tall driving range fences are.
The second addresses light poles for recreational facilities. The code allows a special exception for
these to be taller when located within thirty feet of an adjacent residential structure. The current
code allows the lights to be 60 feet in height. Taller lights would trigger the special exception cited
above as well as if the light is within 30 feet of dwelling. There are screening requirements as well to
reduce light pollution. We are proposing to allow these up to 80 feet in height, but are trying to
166
figure out how far away they should be from the property line. Can you give us an idea of how tall
these lights tend to be and how far from property lines they should be? We would like to publish
public info on this in the next week or so. If that is not enough time, let me know how much time
you need so we can figure something out. Thanks.
NICK NORRIS
Planning Director
PLANNING DIVISION
COMMUNITY and NEIGHBORHOODS
SALT LAKE CITY CORPORATION
TEL 801-535-6173
Email nick.norris@slcgov.com
WWW.SLC.GOV/PLANNING
167
From:Parisi, Lauren
To:Norris, Nick
Subject:Special Exception Text Amendment
Date:Tuesday, September 8, 2020 5:15:00 PM
Hi Nick,
Danny had asked if I could review the special exception text amendment information you
sent over and, upon review, the RDA fully supports the proposed texts amendments as they
are. These amendments will help to streamline the building permit review process and
provide more predictability for property owners. We commend your team’s great work.
Thanks,
LAUREN PARISI
Project Manager
REDEVELOPMENT AGENCY of SALT LAKE CITY
DEPARTMENT of ECONOMIC DEVELOPMENT, SALT LAKE CITY CORPORATION
TEL 801-535-7242
WWW.SLCRDA.COM
Attached is information regarding a change to the zoning ordinance that would eliminate the special
exception process from the zoning ordinance. The document explains what would happen with each
authorized special exception. There are 42 different special exceptions authorized in the zoning
ordinance. Each special exception would fall into one of the following categories:
The exception would become “by-right” without special approval required. An example would
be using an accessory building on a residential property as a hobby shop.
The exception would be allowed with specific qualifying provisions. An example would be
grade changes and retaining walls over four feet in height.
The exception will be specifically prohibited and would have to comply with the existing
standards in the ordinance. An example would be an inline addition to a building that does
not meet existing setbacks. The addition would have to comply with the required setbacks.
There are some special exceptions that may directly impact your Department or Division or that we
would like to receive input on. Here is a partial list:
Building Services: Most of these changes will impact zoning reviews.
Public Utilities: Specific exceptions listed in the OS zone for public utility buildings/structures
over the maximum height would be exempt from the height regulations instead of requiring a
special exception.
Parks and Public Lands: the exception of over-height outdoor recreation
equipment/structures and play field lighting would be eliminated and replaced with maximum
heights for these structures.
Engineering: the special exception authorizing ground mounted utility boxes over a certain
size in the ROW would be eliminated. Utility boxes that serve a private development would
be required to be located on private property.
Civil Enforcement: the option to bring a property into compliance through a special exception
168
will be eliminated.
HAND: the unit legalization process would become a determination of nonconforming use
process.
Finance: this will have an impact on Division revenue. Special exceptions generate
approximately $40,000 annually in application fees.
Please review the attached document and provide comments by September 11, 2020. The process
includes a 45 day early engagement period with the community and a public hearing and
recommendation from the Planning Commission. It is anticipated that these steps will be complete
by late October. The transmittal and City Council process will follow. Comments can be emailed to
me or entered directly into Accela under the file number: PLNPCM2020-00606. You can choose to
add your comments to the attached document that has been provided in word format to make it
easy to add comments and propose changes. I have included Dept. Directors as an FYI so they can
decide if a response is necessary. Please share any concerns with your Department or Division and
provide as comprehensive of a list of comments/issues as possible. If you have any questions, please
don’t hesitate to ask. Thank you for your time!
169
5. ORIGINAL PETITION
170
171
172
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
CITY COUNCIL TRANSMITTAL
______________________________Date Received: 8/18/2021
Rachel Otto, Chief of Staff
Date Sent to Council: 8/18/2021
TO:Salt Lake City Council DATE: 8/8/20201
Amy Fowler, Chair
FROM: Rachel Otto, Chief of Staff
Office of the Mayor
SUBJECT:Board Appointment Recommendation: Police Civilian Review Board
STAFF CONTACT:Jessi Eagan
jessi.eagan@slcgov.com
DOCUMENT TYPE: Board Appointment Recommendation: Police Civilian Review Board
RECOMMENDATION: The Administration recommends the Council consider the
recommendation in the attached letter from the Mayor and appoint Chuck Krivanek as a member of
the Police Civilan Review Board.
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
August 18, 2020
Salt Lake City Council
451 S State Street Room 304
PO Box 145476
Salt Lake City, Utah 84114
Dear Councilmember Fowler,
Listed below is my recommendation for membership appointment to the Police Civilian Review
Board.
Chuck Krivanek – to be appointed for a term ending Monday, September 2, 2024, starting from the
date of City Council advice and consent.
I respectfully ask your consideration and support for this appointment.
Respectfully,
Erin Mendenhall, Mayor
Cc: File
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
CITY COUNCIL TRANSMITTAL
______________________________Date Received: 8/18/2021
Rachel Otto, Chief of Staff
Date Sent to Council: 8/18/2021
TO:Salt Lake City Council DATE: 8/18/20201
Amy Fowler, Chair
FROM: Rachel Otto, Chief of Staff
Office of the Mayor
SUBJECT:Board Appointment Recommendation: City and County Building Conservation and
Use Committee
STAFF CONTACT:Jessi Eagan
jessi.eagan@slcgov.com
DOCUMENT TYPE: Board Appointment Recommendation: City and County Building
Conservation and Use Committee.
RECOMMENDATION: The Administration recommends the Council consider the
recommendation in the attached letter from the Mayor and appoint Kathy Davis as a member of the
City and County Building Conservation and Use Committee.
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
August 18, 2020
Salt Lake City Council
451 S State Street Room 304
PO Box 145476
Salt Lake City, Utah 84114
Dear Councilmember Fowler,
Listed below is my recommendation for membership appointment to the City and County Building
Convervation and Use Committee.
Kathy Davis – to be appointed for a term ending July 21, 2025, starting from the date of City
Council advice and consent.
I respectfully ask your consideration and support for this appointment.
Respectfully,
Erin Mendenhall, Mayor
Cc: File
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
COUNCIL STAFF REPORT
CITY COUNCIL of SALT LAKE CITY
tinyurl.com/SLCFY22Budget
TO:City Council Members
FROM: Ben Luedtke
Budget & Policy Analyst
DATE:September 14, 2021
RE: Up to $58 Million of Bonds for Capital
Improvements (Series 2021A and 2021B)
ISSUE AT-A-GLANCE
On May 21, the Council received the Mayor’s bond proposal (Attachment 1) requesting the Council approve a
bond up to $58 million for 16 capital improvements. Project descriptions are shown on pages three and four of
Attachment 1. A table summarizing the proposed bond-funded projects is also available in this report on pages
two and three. The projects include restoration of historic City-owned buildings, quality of life and safety
improvements on streets, and nearly half the funding would go to enhancements of parks and public lands.
Two Bonds: One Taxable, Another Tax-exempt – The proposed funding is split between $22,490,000 for tax-
exempt projects and $34,600,000 for taxable projects. A project requires partial or full taxable bond funding if
the resulting use is for private and/or for-profit. A taxable bond is more expensive financing than tax-exempt
because of the additional tax cost and potential for a higher interest rate. The bonds can be structured to only
pay interest for the first six months, 12 months, or 18 months. This approach could delay the first full debt
payment of interest and principal until next fiscal year but at a greater total cost because a larger amount of
interest would be paid over the life of the bond.
Project Cost Estimates – The Council could discuss with the Administration about doing additional public
engagement and/or design for some projects to better define designs (amenities, locations, programming, etc.)
and costs before approving a bond. Most of the proposed projects do not have detailed budget breakdowns or
engineering reviewed designs. Note that a few projects have gone through public engagement efforts such as the
600 North corridor transformation and Glendale Waterpark redevelopment. Some City construction projects
have experienced double-digit price increases this year due to pandemic-related economic impacts. It’s unclear
how long these price fluctuations will continue. The Council could request a review of cost estimates, increase
project-specific contingency funding, and/or add a general contingency reserve available to any project.
Process to Adopt – It’s important to note that the proposed sales tax revenue bond only requires Council
approval unlike a General Obligation bond which requires voter approval at the ballot box. The Council would
need to adopt a public hearing resolution, set the date, and hold at least one public hearing about the bond. The
Council would also need to adopt a delegating bond resolution that formally authorizes the bond sales and
identifies eligible projects and scopes. There is no legal deadline for the Council to authorize, adjust or decline
the proposed bond.
Project Timeline:
Budget Hearings: May 18 & June 1, 2021
1st Briefing: June 1, 2021
2nd Briefing: September 14
3rd Briefing: TBD
Potential Action: TBD
Note: there is no legal deadline for the Council to
authorize, adjust or decline the proposed bond
Page | 2
Funding Opportunity after Older Bond Paid Off Last Year – The Administration is proposing the bond now
because an approximately $80 million bond was paid off in FY21 which removed $5.3 million of annual debt
payments. The Mayor is recommending a new, smaller bond up to $58 million for 16 capital improvements
around the City. In large part the size of the bond proposed is to account for the size of the debt service fitting
into the proposed FY 22 budget (the proposed budget had a placeholder). As part of the FY21 CIP debt service
budget, the Council included $3,657,667 for a first-year payment on the proposed bond. This funding could be
used for other purposes if the Council declines to proceed with the bond or approves a smaller bond. If the
Council approves a bond larger than $58 million, then
additional funding would need to be identified to make the
first-year payment, or the Council could work with the
Administration to identify timing of first-year payment. Long
term the Council could accommodate larger bond payments
but would need to adjust the budget to remain balanced.
Projects Overview of $58 Million Bond Proposal – The pie
chart shows almost half of the bond funding would construct
enhancements to parks and public lands, a third would
address deferred maintenance at City buildings and create a
new facility and the remaining 19% would go to
transportation and streets reconstruction. Note that the City
is about halfway through the 2018 voter-approved $87
Million Streets Reconstruction Bond. More ongoing funding
for street reconstructions and overlays will be needed after
the bond funds are gone. A third of four bond issuances
totaling $87 million is planned later this year. The table below
summarizes projects by category, proposed funding,
percentage of total bond funding and notes such as recent
Council funding for the project from other sources, total
funding needs when known and related info.
Category $ Amount Project Name % of
Bond Notes
$ 7,500,000 Fisher Mansion
Restoration 13%
- Building would be ready for public or private
uses with both projects funded
- In FY20 CIP, the Council funded almost $1.4
million for restoration of the Carriage House
$ 3,000,000
Warm Spring
Historic Plunge
Structure
Stabilization
5%
- This would be for initial life/safety
improvements. Building would not be ready
for public or private uses
$ 3,000,000 Smith's Ballpark
Improvements 5%
- Total deferred maintenance and
improvements identified by the Facilities
condition index (industry best practice) is
estimated at over $12.7 million
$ 2,500,000
Central Plant
Electrical
Transformer
Upgrade
4%
- Required by Rocky Mountain Power by 2024
$ 1,700,000
Urban Wood
Reutilization
Equipment and
Storage
3%
- New program would also require one or two
new full-time City employees
- Program is focused on recycling wood rather
sending to the landfill and could generate
modest savings / revenue
Facilities &
Real Estate
$ 1,500,000 Fisher Mansion
Improvements 3%
- This funding is for structure stabilization
- Building would be ready for public or private
uses with both projects funded
- In FY20 CIP, the Council funded almost $1.4
million for restoration of the Carriage House
Subtotal $ 19,200,000 34%
Facilities &
Real Estate,
34%
Transportation
& Streets, 19%
Parks & Public
Lands, 47%
% of $58 Million Bond by Category
$19.2 Million
$11.1 Million
$26.79 Million
Page | 3
Category $ Amount Project Name % of
Bond Notes
$ 6,100,000
Westside
Railroad Quiet
Zones
11%
- Three at grade crossings would be improved
to create a single quiet zone in residential
neighborhood
$ 4,000,000
600 North
Corridor
Transformation
7%
- In FY22 CIP, the Council approved over $1.8
million for this projectTransportation
& Streets
$ 1,000,000
City Cemetery
Road Repairs /
Reconstruction
2%
- Total road repairs and reconstruction
estimated at $12.5 million
Subtotal $ 11,100,000 19%
$ 10,000,000
Glendale Water
Park
Redevelopment
18%
- In FY22 CIP, the Council approved 3.2
million for this project
$ 5,200,000 Pioneer Park
Improvements 9%
- In FY20 CIP, the Council approved $3.445
million of parks impact fees for Pioneer Park
improvements. Public engagement is currently
ongoing for selecting amenities and locations
$ 5,250,000
Foothills Master
Plan Phase 2 & 3
Trailheads
9%
- Five trailhead locations are identified, three
would have restrooms, no property
acquisitions would be necessary
- In FY19 and FY21 CIP, the Council approved
over $1.1 million for Phase 1 implementation
- In FY22 CIP, the Council approved $1.7
million for implementing the Foothills Master
Plan
$ 3,400,000 Westside Park
Improvements 6%
$ 1,300,000
Allen Park
Historic
Structures
Improvements,
Utilities
including Power
and Activation
2%
- The City purchased Allen Park in FY20 for
$7.5 million
- In FY21 CIP, the Council approved $450,000
for property protection, public pathways, and
consultant services
- In FY22 CIP, the Council approved $420,000
for this same project
$ 1,200,000
Public Lands
Multilingual
Wayfinding
Signs
2%
Parks & Public
Lands
$ 440,000
Jordan River
Paddle Share at
1700 South
1%
- Three already funded boat ramps into the
Jordan River within Salt Lake City are
expected to be complete this year for a total of
four
Subtotal $ 26,790,000
47%
TOTAL $ 57,090,000
100%
$300+ Million Unfunded Capital Needs Over Next Decade – Below is a list of the City’s unfunded capital needs
from large single-site projects to long-term best management of capital assets like buildings, streets, and
vehicles. This list is not comprehensive, and some costs may be higher since originally estimated. The total
unfunded needs of the below list exceed $300 million and may be closer to $500 million depending on the
specifics of new construction and major redevelopments in the first section. Note that these estimates for new
assets do not include maintenance costs. The Council may wish to ask the Administration about their progress
on a City Capital Facilities Plan. Typically, these documents identify, track, prioritize and schedule unfunded
Page | 4
capital needs over a long-term horizon. This could include identifying future bond opportunities based on the
City’s current schedule of when bonds will be paid off. Note that the proposed bond includes funding for some
projects in the below list. Redevelopment Agency projects are not included in the below list. However, the
Council has previously taken a “whole City” perspective and leveraged multiple funding sources to complete
RDA projects including use of the City’s bonding capacity.
Costs TBD for potential new construction and major redevelopments:
o Old Public Safety Building
o Fleet Block mixed-use redevelopment potentially including housing, green space and
commercial
o Eastside Police Precinct
o Crime lab building out (currently leasing space)
o Multiple aging fire stations and training facilities need renovations or possible demolition and
rebuild
o Renovation of historic structures like Fisher Mansion and Warm Springs Historic Plunge
o The old main library downtown (The Leonardo) renovations such as escalator
replacement/removal
o Expansion of the S-Line Streetcar which received $12 million in State funding to reach Highland
Drive
o Downtown and/or 400 West TRAX loops
o Railroad quiet zones on the westside
o Undergrounding rail lines that divide the City’s west and east sides (aka “Train Box” proposal)
o Implementing rest of the 9-Line and McClelland urban trails construction, landscaping,
amenities, and ongoing maintenance
o Downtown Green Loop regional park
o Build out of the multi-phase Foothills Master Plan
o Wingpointe Levee on Surplus Canal reconstruction to meet federal and state standards
$133 million over ten years (in addition to existing ongoing funding level) to increase the overall
condition index of the City's street network from poor to fair
$50.9 million above the FY22 recommended funding level over next 10 years to fully fund the City’s
Fleet needs
$47.7 million over ten years to bring all actively used City facilities out of deferred maintenance
$25 million for capital improvements at the City Cemetery, of which $12.5 million is for road repairs
$20 million for a new bridge at approx. 4900 West from 500 South to 700 South
$12.7 million for deferred maintenance and improvements at the Smiths Ballpark
$7 million for multiple bridge replacements that span the Jordan River
$6 million for planned upgrades to the Regional Athletic Complex
$3.1 million for downtown irrigation system replacement
$2 million for streets crew facility upgrades like asphalt steam bay and salt storage
$1.3 million for solar panels, parking canopy and security upgrade at Plaza 349
PROJECT SPECIFIC POLICY QUESTIONS
A.Adding, Removing and/or Changing Funding Level for Projects – The Council may wish to
discuss with the Administration if there are projects the Council wants to add, remove, and/or change
the proposed funding level. Does the Council want additional information on any proposed projects
before scheduling a vote? The Council may also wish to discuss if the bond funding by category (see pie
chart and table above) aligns with the Council’s policy priorities.
B.Cost Estimates and Contingency Funding – The Council may wish to ask the Administration when
the cost estimates were calculated and to what extent contingency funding accounts for the uncertainty
of market pricing caused by global supply chain fluctuations and other pandemic impacts to the
economy. The Administration stated projects include a 20% contingency. The Council could explore
adding a larger contingency to each project or adding a contingency / reserve available to all projects.
C.Conflicting Proposals for Same Property: Urban Wood Reutilization Program and Tiny
Home Village – The Council may wish to ask the Administration if either project could be located at
another location. The Public Lands Department stated that the location is important for a new urban
wood reutilization program and is located next to the existing Public Lands building, which staff
understands is the same location as the proposed Tiny home village.
Page | 5
D.End User(s) for Restoration of Fisher Mansion, Warm Springs Historic Plunge and Allen
Park – The Council may wish to discuss with the Administration what end users are intended for
restoration of these three historic facilities?
E.Projects Increasing Workload and Need for New Full-time Employees: The Council may wish
to ask the Administration which projects would create the need for new full-time employees, when that
new staffing need would begin (pending completion of construction in some cases), and how they would
be funded. An initial review of the 16 proposed projects indicates the following would create new
ongoing staffing workloads: Allen Park for property management and art programming/events, Urban
Wood Reutilization new program needs staff to operate equipment, paddle share new program with
some locker automation but also new administration and logistics work.
F.Expanding the City’s in-house Sign Shop – The Council may wish to continue the discussion from
the annual budget about options to expand the City’s existing in-house sign shop. The Public Services
Department stated the shop operates at capacity and additional employees would be needed.
GENERAL POLICY QUESTIONS
1.Need and Ability to Spend Tax-exempt Bond Funds within Three Years – The Council may
wish to ask the Administration how tax-exempt bond funds will be spent within the legally required
three years, especially if additional engagement/design work is needed to finalize costs. This could
include the Engineering Division’s capacity to absorb the additional workload, availability of contractors
in the local market, phasing projects over multiple bond issuances (which is a common strategy), and if
CIP projects could be delayed because they are not subject to the three-year spending deadline. While
taxable bond funds do not have a legally required spending deadline there is a practice concern to spend
before they lose significant amounts of purchasing power.
2.$300+ Million Unfunded Capital Needs and $58 Million Bond Proposal – The Council may
wish to discuss how to balance the City’s $300+ million unfunded capital needs including deferred
maintenance for existing assets with funding construction of new assets that will create new unfunded
maintenance needs including increased staffing workloads.
3.Public Engagement – The Council may wish to discuss what public engagement should look like for
the bond and individual projects. The Council may also wish to ask the Administration about public
engagement efforts for projects so far and how residents can provide feedback on the other projects.
4.Project Prioritization – The Council may wish to discuss with the Administration which projects to
prioritize for the following situations:
a. Excess funds are available to go to another project
b. Actual costs exceed available project budget, and a project (or multiple projects) must be
reduced in scope
c. A project will not be constructed because available funding is significantly less than needed even
after scope reductions
5.American Rescue Plan Act (ARPA) Funding for Bond Projects – The Council may wish to
discuss with the Administration the option to use ARPA funding for two bond projects that are eligible
under the Treasury’s interim guidance: $4 million West Side Neighborhood Park Improvements and
$1.2 million Multilingual Wayfinding Signs. Note that the projects would need to be within qualified
Census tracts to be fully eligible. See Attachment 3 for the ARPA infographic and Attachment 4 for a
map of qualified Census tracts.
6.CIP Debt Level – The Council may wish to discuss with the Administration what debt level in CIP is
preferred to balance long-term bond payments with annual CIP project funding needs. The proposed
bonds would have an annual debt service payment over $3.6 million. See Additional Info section for
debt service projects to FY26.
7.Capital Facilities Plan (CFP) – The Council may wish to ask the Administration for a status update
on the CFP (10-Year Comprehensive CIP Plan). It’s envisioned as a living document that prioritizes
capital needs across City plans and departments within funding constraints. The Council held a briefing
Page | 6
in January 2019 about a first draft and expressed interest in identifying measurable goals to accomplish
through the CFP and guide prioritization of project planning (see Attachment 5).
ADDITIONAL & BACKGROUND INFORMATION
CIP Debt Load Projections through FY26
The Administration provided the following chart to illustrate the ratio of ongoing commitments to available
funding for projects over the next six fiscal years. Most of these commitments are debt payments on existing
bonds. Other commitments include, ESCO debt payments, the Crime Lab lease, capital replacement funding for
parks and facilities, contributions to the CIP cost overrun account and the 1.5% for art fund. The CIP Budget
Book includes an overview and details on each of the ongoing commitments. 79% of the General Fund transfer
into CIP was needed for these ongoing commitments in FY21. Note that the chart does not reflect the proposed
bond which would increase annual debt service payments and reduce funding available for CIP projects.
The projected debt load significantly decreased in FY22 because Series 2014A Taxable Refunding of 2005 bonds
matured (paid off). It was approximately $80 million when the bond was originally issued (before refunding).
This reduces the debt load from 79% to 45% and removes a $5.3 million annual debt payment. The Mayor is
recommending a new sales tax revenue bond totaling $58 million with an estimated annual debt payment over
$3.6 million. Note that General Obligation (G.O.) bonds are not paid from CIP because they are funded through
a separate, dedicated voter-approved property tax increase.
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26
Allocation of CIP General Fund Transfer Amount, 6 Year
Projection, assuming 2% revenue growth per year, and
continued allocation of 7% of GF revenue to CIP
Debt Service On Bonds Other Debt Service Other Commitments Pay as You Go Projects
Cost Overrun Account
At the time of publishing this staff report, the account has an available to spend balance of $910,720. The
Council established this account for projects that experience costs slightly higher than budgeted. A formula
determines how much additional funding may be pulled from the Cost Overrun account depending on the total
Council-approved budget. This process allows the Administration to add funding to a project without returning
to the Council in a budget amendment. A written notification to the Council on uses is required. The purpose is
to allow projects to proceed with construction instead of delaying projects until the Council can act in a budget
amendment which typically takes a few months.
Page | 7
Capital Facilities Plan (CFP) (See Attachment 5)
The CFP is a comprehensive 10-year CIP plan. See Attachment 6 for a summary of the Council’s requests and
guidance during the January 2019 briefing from the Administration and discussion. It’s important to note, the
Council expressed interest in identifying a couple measurable goals to accomplish through the CFP and guide
prioritization of project planning.
Fisher Mansion Feasibility Analysis
SLC has commissioned CRSA Architects to conduct a feasibility analysis for restoring and establishing active use
in the Fisher Mansion building. CRSA’s work will look at a series of conceptual alternatives, including the
adaptive reuse of the Mansion as a food & beverage + music & art venue, and alternately as a café and exhibition
gallery space with office space for city staff and/or community organizations, along with a reimagined outdoor
plaza for activities and events.
ATTACHMENTS
1. Transmittal for Proposed $58 Million Sales Tax Bonds Series 2021A and 2021B
2. Description for $3.4 Million Investment in Westside Parks (was not included in transmittal)
3. ARPA Budget Update Infographic August 17, 2021
4. 2021 HUD Qualified Census Tracts Map
5. Capital Facilities Plan Council Requests from January 2019
ACRONYMS
ARPA – American Rescue Plan Act
CAN – Community and Neighborhoods Department
CFP – Capital Facilities Plan
CIP – Capital Improvement Program
ESCO – Energy Service Companies
FY – Fiscal Year
G.O. Bond – General Obligation bond
HUD – U.S. Housing and Urban Development Department
MARYBETHTHOMPSON
Chief Financial Officer
ERINMENDENHALL
Mayor
DEPARTMENT OF FINANCE
CITY COUNCIL TRANSMITTAL
_________________________ Date Received:__________________
Rachel Otto, Chief of Staff Date sent to Council:______________
TO:Salt Lake City Council DATE:May 20, 2021
Amy Fowler, Chair
FROM:Mary Beth Thompson, Chief Financial Officer ________________________________
SUBJECT:Salt Lake City Sales and Excise Tax Revenue Bonds, Series 2021A and 2021B
STAFF CONTACT:Marina Scott, City Treasurer
801-535-6565
DOCUMENT TYPE: Briefing
RECOMMENDATION:1) That the City Council hold a discussion on June 15, 2021 in anticipation of
adopting a Bond Resolution for the aforementioned bond issue; 2) That the City Council consider
adopting a Bond Resolution on July 13, 2021 approving the issuance and sale of up to $58,000,000
principal amount of Sales and Excise Tax Revenue Bonds, Series 2021A and 2021B
give authority to certain officers to approve the final terms and provisions of and confirm the sale of
the Bonds within certain parameters set forth in the attached Bond Resolution.
BUDGET IMPACT:
Tax-Exempt Sales Tax and Excise Tax Revenue Bond,Series 2021A $22,490,000:
Proceeds from the Bonds will be used to finance the cost of the various capital improvement
projects. The list of the capital improvement projects to be financed by this bond issue is attached.
The City s Bond Counsel has reviewed the attached list of projects and provided their
recommendations to the tax status of the bonds. The list is color-coded to reflect their responses.
Responses highlighted in green are for projects that are eligible for tax-exempt financing.
Responses highlighted in yellow are for projects that are eligible for tax-exempt financing but have
potential private business use.
Salt Lake City Sales and Excise Tax Revenue Bonds, Series 2021A and 2021B
Transmittal to City Council
May 11, 2021
Page 2 of 2
Responses highlighted in red are projects that either have or are likely to have private business use.
The Administration proposes to issue tax-exempt bonds for the projects highlighted in green for the
total of $22,490,000.
Based on preliminary estimates and the current interest rate environment, annual debt service costs
would average $1,307,595 per year for 21 years. Attached are preliminary numbers including
estimated sources and uses of funds as well as debt amortization schedules.
Taxable Sales Tax and Excise Tax Revenue Bond, Series 2021B - $34,600,000:
The Administration proposes to issue taxable bonds for the projects highlighted in yellow and red for
the total of $34,600,000.
Based on preliminary estimates and the current interest rate environment, annual debt service costs
would average $2,111,765 per year for 21 years. Attached are preliminary numbers including
estimated sources and uses of funds as well as debt amortization schedules.
BACKGROUND/DISCUSSION:
The table below summarizes the proposed bond issue:
NEW MONEY
New Money Project List $57,090,000
Tax-Exempt (green highlight) $22,490,000
Taxable (red & yellow
highlights) $34,600,000
The current plan calls for the Bonds to be sold on August 25, 2021.
An estimated debt service, a draft copy of the authorizing resolution of the City are included for your
review. Please keep in mind that these are preliminary drafts and are subject to change.
The Certificate of Determination will need to be signed by the Mayor and Council Chair or their
respective designees on the afternoon of the date of pricing and sale of the bonds, which is currently
scheduled for August 25, 2021.
Attachments
cc: Mary Beth Thompson, Boyd Ferguson, Steven Bagley, Lisa Shaffer, Mathew Cassel, Lorna Vogt,
Cory Rushton, Blake Thomas.
Draft of
5/20/21
Delegating Bond Resolution (new money multiple projects) v3
8709966/RDB/mo
RESOLUTION NO.__OF 2021
A Resolution authorizing the issuance and the sale of not to exceed
$58,000,000 aggregate principal amount of Sales and Excise Tax
Revenue Bonds, in one or more series, on a taxable or tax-exempt
basis, for the purpose of financing various City capital improvement
projects; authorizing the execution and delivery of one or more
supplemental trust indentures to secure said bonds; giving authority to
certain officials and officers to approve the final terms and provisions
of the bonds within the parameters set forth herein; authorizing the
taking of all other actions necessary for the consummation of the
transactions contemplated by this resolution; and related matters.
*** *** ***
WHEREAS, Salt Lake City, Utah (the “City”), is a duly organized and existing city of the
first class, operating under the general laws of the State of Utah (the “State”);
WHEREAS, the City considers it necessary and desirable and for the benefit of the City to
issue its sales and excise tax revenue bonds, in one or more series, on a taxable or tax-exempt
basis, as hereinafter provided for the purpose of (a) financing all or a portion of the cost of (i)
acquiring, constructing and improving [various City parks, trails, historic structures, roads, streets,
intersections and electrical facilities], as further described in the below defined Supplemental
Indenture, and (ii) acquiring, constructing, improving and remodeling various other capital
improvement program projects (collectively, the “Series 2021 Project”); (b) funding any
necessary reserves and contingencies in connection with the Series 2021 Bonds (defined below)
and (c) paying all related costs authorized by law pursuant to authority contained in the the Local
Government Bonding Act, Chapter 14 of Title 11 (the “Act”), Utah Code Annotated 1953, as
amended (the “Utah Code”), and other applicable provisions of law;
WHEREAS, for the purposes set forth above, the City has determined (a) to issue its Sales
and Excise Tax Revenue Bonds, in one or more series, in an aggregate principal amount not to
exceed $58,000,000 (the “Series 2021 Bonds”) (subject to the further limitations outlined herein)
pursuant to the Master Trust Indenture, dated as of September 1, 2004, as amended and
supplemented to the date hereof (the “Master Indenture”), a copy of which is attached here as
Exhibit A and one or more Supplemental Trust Indentures (the “Supplemental Indenture”),
between the City and Zions Bancorporation, National Association, as trustee (the “Trustee”) (the
Master Indenture and the Supplemental Indenture are sometimes collectively referred to
hereinafter as the “Indenture”), and (b) to cause the proceeds of the sale of the Series 2021 Bonds
to be applied in accordance with the Indenture;
WHEREAS, the City is authorized by the Act to finance the Series 2021 Project, to enter into
the Supplemental Indenture, and to issue the Series 2021 Bonds to finance all or a portion of the
costs of financing the Series 2021 Project, to fund any necessary reserves, and to pay all related
costs authorized by law;
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WHEREAS, Section 11-14-316 of the Utah Code provides for the publication of a Notice of
Bonds to be Issued (the “Notice of Bonds”) and the running of a 30-day contest period, and the
City desires to cause the publication of such Notice of Bonds at this time in compliance with said
section with respect to the Series 2021 Bonds;
WHEREAS, Section 11-14-318 of the Utah Code requires that a public hearing be held to
receive input from the public with respect to the issuance of the Series 2021 Bonds and the
potential economic impact that the Series 2021 Project will have on the private sector and that
notice of such public hearing be given as provided by law and, in satisfaction of such requirement,
the City desires to publish a Notice of Public Hearing and Intent to Issue Sales and Excise Tax
Revenue Bonds (the “Notice of Public Hearing”) pursuant to such Section;
WHEREAS, Section 11-14-307(7) of the Utah Code requires the City to submit the question
of whether or not to issue the Series 2021 Bonds to voters for their approval or rejection if, within
30 calendar days after the publication of the Notice of Public Hearing, a written petition requesting
an election and signed by at least 20% of the registered voters in the City is filed with the City;
and
WHEREAS, in the opinion of the City, it is in the best interests of the City that (a) the
Designated Officers (defined below) be authorized to approve the final terms and provisions
relating to the Series 2021 Bonds and to execute the Certificate of Determination (defined below)
containing such terms and provisions and to accept the offer of the underwriter for the Series 2021
Bonds (the “Underwriter”) for the purchase of the Series 2021 Bonds; and (b) the Mayor, the
Deputy Mayor or the Mayor’s designee (the “Mayor”), be authorized to execute the Official
Statement with respect to the Series 2021 Bonds, all as provided herein;
NOW, THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah, as follows:
Section 1. Issuance of Bonds. (a) For the purposes set forth above, there is hereby
authorized and directed the execution, issuance, sale and delivery of the Series 2021 Bonds in one
or more series (with such adjustments to the series designation as are necessary), on a taxable or
tax-exempt basis, in the aggregate principal amount not to exceed $58,000,000. The Series 2021
Bonds shall be dated as of the date of the initial delivery thereof. The Series 2021 Bonds shall be
in authorized denominations, shall be payable, and shall be executed and delivered all as provided
in the Indenture. The Series 2021 Bonds shall be subject to redemption prior to maturity as
provided in the Indenture.
(b) The form of the Series 2021 Bonds set forth in the form Supplemental Indenture,
subject to appropriate insertions and revisions in order to comply with the provisions of the
Indenture, is hereby approved.
(c) The Series 2021 Bonds shall be special obligations of the City, payable from and
secured by a pledge and assignment of the Revenues (as defined in the Indenture) received by the
City and of certain other moneys held under the Indenture on a parity with any other Bonds (as
defined in the Indenture) issued from time to time under the Master Indenture, including but not
limited to the City’s (i) Sales Tax Revenue Bonds, Series 2012A, (ii) Sales Tax Revenue Bonds,
- 3 - Delegating Bond Resolution (new money multiple projects)
Series 2013B, (iii) Federally Taxable Sales and Excise Tax Revenue Refunding Bonds, Series
2014A, (iv) Sales and Excise Tax Revenue Bonds, Series 2014B, (v) Sales and Excise Tax
Revenue Refunding Bonds, Series 2016A, (vi) Sales and Excise Tax Revenue Refunding Bonds,
Series 2019A and (vii) Federally Taxable Sales and Excise Tax Revenue Refunding Bonds, Series
2019B. The Series 2021 Bonds shall not be obligations of the State or any other political
subdivision thereof, other than the City, and neither the faith and credit nor the ad valorem taxing
or appropriation power of the State or any political subdivision thereof, including the City, is
pledged to the payment of the Series 2021 Bonds. The Series 2021 Bonds shall not constitute
general obligations of the City or any other entity or body, municipal, state or otherwise.
Section 2. Series 2021 Bond Details; Delegation of Authority. (a) The Series 2021
Bonds shall mature on October 1 (or such other dates as specified in the Certificate of
Determination) of the years and in the principal amounts, and shall bear interest (calculated on the
basis of a year of 360 days consisting of twelve 30-day months) from the Closing Date, payable
semiannually on April 1 and October 1 (or such other dates as specified in the Certificate of
Determination) of each year, and at the rates per annum and commencing on the dates, all as
provided in that certain Certificate of Determination, a form of which is attached hereto as Exhibit
C, of the Designated Officers (defined below) delivered pursuant to this Section 2, setting forth
certain terms and provisions of the Series 2021 Bonds (the “Certificate of Determination”).
(b) There is hereby delegated to the Designated Officers, subject to the limitations
contained in this resolution, the power to determine and effectuate the following with respect to
the Series 2021 Bonds and the Designated Officers are hereby authorized to make such
determinations and effectuations:
(i) the principal amount of each series of the Series 2021 Bonds necessary to
accomplish the purpose of the Series 2021 Bonds set forth in the recitals hereto and the
aggregate principal amount of each series of the Series 2021 Bonds to be executed and
delivered pursuant to the Indenture; provided that the aggregate principal amount of the
Series 2021 Bonds shall not exceed Fifty-eight Million Dollars ($58,000,000);
(ii) the maturity date or dates and principal amount of each maturity of the
Series 2021 Bonds to be issued; provided, however, that the Series 2021 Bonds mature
over a period of not to exceed twenty-two (22) years from their date or dates;
(iii) the interest rate or rates, which may be taxable or tax-exempt rates, of the
Series 2021 Bonds and the date on which payment of such interest commences, provided,
however, that the interest rate or rates to be borne by any Series 2021 Bond shall not exceed
__________ percent (____%) per annum;
(iv) the sale of the Series 2021 Bonds and the purchase price to be paid by the
Underwriter of such Series 2021 Bonds; provided, however, that the discount from par of
each series of the Series 2021 Bonds shall not exceed two percent (2.00%) (expressed as a
percentage of the principal amount);
- 4 - Delegating Bond Resolution (new money multiple projects)
(v) the Series 2021 Bonds, if any, to be retired from mandatory sinking fund
redemption payments and the dates and the amounts thereof;
(vi) the time and redemption price, if any, at which the Series 2021 Bonds may
be called for redemption prior to their maturity at the option of the City; provided, however,
the first optional redemption date shall not be later than ten and a half years from the date
of delivery of the Series 2021 Bonds;
(vii) the amount of reserves necessary to be maintained in connection with each
series of the Series 2021 Bonds, if any;
(viii) the use and deposit of the proceeds of the Series 2021 Bonds; and
(ix) any other provisions deemed advisable by the Designated Officers not
materially in conflict with the provisions of this resolution.
For purposes of this resolution and the Series 2021 Bonds, “Designated Officers”means
(a) the (i) Mayor of the City; or (ii) in the event of the absence or incapacity of the Mayor, the
Mayor’s Chief of Staff; or (iii) in the event of the absence or incapacity of both the Mayor and the
Mayor’s Chief of Staff, the City Treasurer; or (iv) in the event of the absence or incapacity of the
Mayor, the Mayor’s Chief of Staff and the City Treasurer, the Deputy Treasurer of the City and
(b) (i) the Chair of the City Council; or (ii) in the event of the absence or incapacity of the Chair
of the City Council, the Vice Chair of the City Council; or (iii) in the event of the absence or
incapacity of both the Chair and Vice Chair of the City Council, any other member of the City
Council.
Following the sale of the Series 2021 Bonds, the Designated Officers shall obtain such
information as they deem necessary to make such determinations as provided above and shall make
such determinations as provided above and shall execute the Certificate of Determination
containing such terms and provisions of such series of the Series 2021 Bonds, which execution
shall be conclusive evidence of the action or determination of the Designated Officers as to the
matters stated therein. The provisions of the Certificate of Determination shall be deemed to be
incorporated into this Section 2.
Section 3. Approval and Execution of the Supplemental Indenture. One or more
Supplemental Indentures, in substantially the form of the Thirteenth Supplemental Trust Indenture
attached hereto as Exhibit B,is hereby authorized and approved, and the Mayor is hereby
authorized, empowered and directed to execute and deliver each Supplemental Indenture on behalf
of the City, and the City Recorder or any Deputy City Recorder is hereby authorized, empowered
and directed to affix to each Supplemental Indenture the seal of the City and to attest such seal and
countersign each such Supplemental Indenture, with such changes to each Supplemental Indenture
from the form attached hereto as are approved by the Mayor, her execution thereof to constitute
conclusive evidence of such approval. The provisions of each Supplemental Indenture, as
executed and delivered, are hereby incorporated in and made a part of this resolution. The Master
Indenture and the Supplemental Indenture shall constitute a “system of registration” for all
purposes of the Registered Public Obligations Act of Utah.
- 5 - Delegating Bond Resolution (new money multiple projects)
Section 4. Final Official Statement. A final Official Statement of the City in
substantially the form of the Preliminary Official Statement presented at this meeting and in the
form attached hereto as Exhibit D, is hereby authorized with such changes, omissions, insertions
and revisions as the Mayor shall deem advisable, including the completion thereof with the
information established at the time of the sale of any Series 2021 Bonds by the Designated Officers
and set forth in the Certificate of Determination. The Mayor shall sign and deliver a final Official
Statement for distribution to prospective purchasers of each series of the Series 2021 Bonds and
other interested persons. The approval of the Mayor of any such changes, omissions, insertions
and revisions shall be conclusively established by the Mayor’s execution of such final Official
Statement.
Section 5. Preliminary Official Statement to be Deemed Final.The use and distribution
of a Preliminary Official Statement, in substantially the form presented at this meeting and in the
form attached hereto as Exhibit D, is hereby authorized and approved, with such changes,
omissions, insertions and revisions as the Mayor and the City Treasurer, or the Deputy Treasurer
of the City (the “City Treasurer”), shall deem advisable. The Mayor and the City Treasurer are,
and each of them is, hereby authorized to do or perform all such acts and to execute all such
certificates, documents and other instruments as may be necessary or advisable to provide for the
issuance, sale and delivery of any Series 2021 Bonds and to deem final each Preliminary Official
Statement within the meaning and for purposes of paragraph (b)(1) of Rule 15c2-12 of the
Securities and Exchange Commission, subject to completion thereof with the information
established at the time of the sale of any Series 2021 Bonds.
Section 6. Other Certificates and Documents Required to Evidence Compliance with
Federal Tax and Securities Laws. Each of the Mayor, the City Recorder or any Deputy City
Recorder and the City Treasurer is hereby authorized and directed to execute (a) such certificates
and documents as are required to evidence compliance with the federal laws relating to the tax-
exempt status of interest on any Series 2021 Bonds and (b) a Continuing Disclosure Agreement,
in substantially the form attached hereto as Exhibit E, and such other certificates and documents
as shall be necessary to comply with the requirements of Rule 15c2-12 of the Securities and
Exchange Commission and other applicable federal securities laws.
Section 7. Other Actions With Respect to the Series 2021 Bonds. The officers and
employees of the City shall take all action necessary or reasonably required to carry out, give effect
to, and consummate the transactions contemplated hereby and shall take all action necessary in
conformity with the Act to carry out the issuance of the Series 2021 Bonds, including, without
limitation, the execution and delivery of any closing and other documents required to be delivered
in connection with the sale and delivery of the Series 2021 Bonds. If (a) the Mayor, (b) the City
Recorder or (c) the City Treasurer shall be unavailable or unable to execute or attest and
countersign, respectively, the Series 2021 Bonds or the other documents that they are hereby
authorized to execute, attest and countersign, the same may be executed, or attested and
countersigned, respectively, (i) by the Chief of Staff, (ii) by any Deputy City Recorder or (iii) by
the Deputy Treasurer of the City. Without limiting the generality of the foregoing, the officers
and employees of the City are authorized and directed to take such action as shall be necessary and
appropriate to issue the Series 2021 Bonds.
- 6 - Delegating Bond Resolution (new money multiple projects)
Section 8. Notice of Bonds to be Issued; Contest Period. In accordance with the
provisions of Section 11-14-316 of the Utah Code, the City Recorder or any Deputy City Recorder
shall cause the Notice of Bonds, in substantially the form attached hereto as Exhibit F, to be
published one time in The Salt Lake Tribune, a newspaper published and of general circulation
within the City.
For a period of thirty (30) days from and after publication of the Notice of Bonds, any
person in interest shall have the right to contest the legality of this resolution (including the
Supplemental Indenture attached hereto) or the Series 2021 Bonds hereby authorized or any
provisions made for the security and payment of the Series 2021 Bonds. After such time, no one
shall have any cause of action to contest the regularity, formality or legality of this resolution
(including the Supplemental Indenture) or the Series 2021 Bonds or any provisions made for the
security and payment of the Series 2021 Bonds for any cause.
Section 9. Public Hearing. In satisfaction of the requirements of Section 11-14-318 of
the Act, a public hearing shall be held by the Council on Tuesday, August 17, 2021, during the
Council meeting which begins at 7:00 p.m., which, as determined by the Council Chair, shall be
held either virtually, at the regular meeting place of the Council in the Council Chambers, Room
315 in the City and County Building, 451 South State Street, in Salt Lake City, Utah, or any
combination thereof, to receive input from the public with respect to the issuance by the City of
the Bonds and the potential economic impact that the Series 2021 Project will have on the private
sector.
Section 10. Publication of Notice of Public Hearing. The City Recorder or any Deputy
City Recorder (the “City Recorder”) shall publish or cause to be published the Notice of Public
Hearing on the Utah Public Notice Website, created under Section 63F-1-701 of the Utah Code,
no less than 14 days before the public hearing. The Notice of Public Hearing shall be in
substantially the form attached hereto as Exhibit H.
Section 11. Form of Petition. The form of the petition to be used by registered voters in
requesting that an election be called to authorize the Series 2021 Bonds shall be in substantially
the form attached hereto as Exhibit I.
Section 12. Issuance of Bonds After Thirty-Day Period. In accordance with the
provisions of Section 11-14-307(7) of the Act, if within thirty days after the publication of the
Notice of Public Hearing by posting on the Utah Public Notice Website, a petition or petitions, in
the form specified by Section 11 hereof, are filed with the City Recorder, signed by not less than
twenty percent (20%) of the registered voters of the City (as certified by the County Clerk of Salt
Lake County) requesting that an election be called to authorize the Series 2021 Bonds, then the
Council shall proceed to call and hold an election on the Series 2021 Bonds. If such election is
held and a majority of the registered voters of the City voting thereon approve the Series 2021
Bonds, then, in accordance with the provisions of the Act, the City shall thereupon be authorized
to issue the Series 2021 Bonds. If no petition is filed within the thirty-day period after the date of
the final publication of such notice, or if it is determined that the number of signatures on the
petitions filed within the thirty-day period after the date of the final publication of such notice is
less than the required number, the City shall proceed to issue the the Series 2021 Bonds.
- 7 - Delegating Bond Resolution (new money multiple projects)
Section 13. Sale of the Series 2021 Bonds; Purchase Contract. The Series 2021 Bonds
authorized to be issued herein are hereby authorized to be sold and delivered to the Underwriter,
upon the terms and conditions set forth in the Purchase Contract. The Mayor is hereby authorized,
empowered and directed to execute and deliver the Purchase Contract on behalf of the City in
substantially the form attached hereto as Exhibit G,with such changes therein from the form
attached hereto as are approved by the Mayor, her execution thereof to constitute conclusive
evidence of such approval. The City Recorder or any Deputy City Recorder is hereby authorized,
empowered and directed to affix to the Purchase Contract the seal of the City and to attest such
seal and countersign the Purchase Contract.
Section 14. City Recorder to Perform Certain Acts.The City Recorder is hereby directed
to maintain a copy of this Resolution (together with all exhibits hereto), a copy of the Master
Indenture and the form of the Supplemental Indenture on file in the City Recorder’s office (or the
City Recorder’s temporary office, as applicable) during regular business hours 1 for public
examination by registered voters of the City and other interested persons until at least thirty (30)
days from and after the date of publication of the Notice of Bonds and upon request to supply
copies of the form of petition specified in Section 11 hereof.
Section 15. Prior Acts Ratified, Approved and Confirmed. All acts of the officers and
employees of the City in connection with the issuance of the Series 2021 Bonds are hereby ratified,
approved and confirmed.
Section 16. Resolution Irrepealable. Following the execution and delivery of a
Supplemental Indenture, this resolution shall be and remain irrepealable until all of the Series 2021
Bonds and the interest thereon shall have been fully paid, cancelled, and discharged.
Section 17. Severability. If any section, paragraph, clause, or provision of this resolution
shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of
such section, paragraph, clause, or provision shall not affect any of the remaining provisions of
this resolution.
Section 18. Effective Date. This resolution shall be effective immediately upon its
approval and adoption.
(Signature page follows.)
1 Appointments are encouraged as the temporary office is not occupied during business hours due to the COVID-19
pandemic.
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ADOPTED AND APPROVED by the City Council of Salt Lake City, Utah, this 13th day of July
2021.
SALT LAKE CITY,UTAH
_______________________________________
Chair
Salt Lake City Council
ATTEST:
____________________________________
City Recorder
[SEAL]
APPROVED:
By ____________________________________
Mayor
APPROVED AS TO FORM:
By ____________________________________
Senior City Attorney
A-1 Delegating Bond Resolution (new money multiple projects)
EXHIBIT A
[ATTACH COPY OF MASTER TRUST INDENTURE]
B-1 Delegating Bond Resolution (new money multiple projects)
EXHIBIT B
[ATTACH FORM OF THIRTEENTH SUPPLEMENTAL TRUST INDENTURE]
C-1 Delegating Bond Resolution (new money multiple projects)
EXHIBIT C
[ATTACH FORM OF CERTIFICATE OF DETERMINATION]
D-1 Delegating Bond Resolution (new money multiple projects)
EXHIBIT D
[ATTACH FORM OF PRELIMINARY OFFICIAL STATEMENT]
E-1 Delegating Bond Resolution (new money multiple projects)
EXHIBIT E
[ATTACH FORM OF CONTINUING DISCLOSURE AGREEMENT]
F-1 Delegating Bond Resolution (new money multiple projects)
EXHIBIT F
NOTICE OF BONDS TO BE ISSUED
NOTICE IS HEREBY GIVEN pursuant to the provisions of Section 11-14-316, Utah Code
Annotated 1953, as amended, that on July 13, 2021, the City Council (the “Council”) of Salt Lake
City, Utah (the “City”), adopted a resolution (the “Resolution”) in which it authorized and
approved the issuance of its sales and excise tax revenue bonds in one or more series, on a taxable
or tax-exempt basis (collectively, the “Bonds”), in an aggregate principal amount of not to exceed
$58,000,000, to bear interest at a rate or rates of not to exceed ____% per annum and to mature
not later than 22 years from their date or dates and to be sold at a discount from par not to exceed
2.00%. The Bonds shall be subject to such optional and mandatory redemption and other
provisions as are contained in the Master Trust Indenture, described below, and the final form of
the Bonds and a Supplemental Trust Indenture, described below.
Pursuant to the Resolution, the Bonds are to be issued for the purpose of paying all or part
of the cost of (a) (i) acquiring, constructing and improving [various City parks, trails, historic
structures, roads, streets, intersections and electrical facilities] and (ii) acquiring, constructing,
improving and remodeling various other capital improvement program projects; (b) funding any
necessary reserves and contingencies in connection with the Bonds and (c) paying all related costs
authorized by law. The Bonds are to be issued and sold by the City pursuant to the Resolution,
including as part of the Resolution a draft, in substantially final form, of a Supplemental Trust
Indenture, and a copy of the Master Trust Indenture, dated as of September 1, 2004, as heretofor
amended and supplemented (the “Master Indenture”), between the City and Zions
Bancorporation, National Association, a trustee, that were before the Council and attached to the
Resolution at the time of the adoption of the Resolution. The City will cause one or more
Supplemental Trust Indentures to be executed and delivered in such form and with such changes
thereto as certain designated officers of the City shall approve, provided that the principal amount,
interest rate or rates, maturity and discount, if any, will not exceed the respective maximums
described above.
The repayment of the Bonds will be secured by a pledge of the legally available revenues
from: (a) Local Sales and Use Taxes received by the City pursuant to Title 59, Chapter 12, Part 2,
Utah Code (currently levied and collected pursuant to Chapter 3.04 of the Salt Lake City Code);
(b) Municipal Energy Sales and Use Taxes received by the City pursuant to Title 10, Chapter 1,
Part 3, Utah Code (currently levied and collected pursuant to Chapter 3.06 of the Salt Lake City
Code); (c) the franchise fees for energy and utilities received by the City pursuant to Title 10,
Chapter 1, Part 3, Utah Code (currently levied and collected pursuant to Chapter 3.06 of Salt Lake
City Code); (d) the Municipal Telecommunications License Tax revenues received by the City
pursuant to Title 10, Chapter 1, Part 4, Utah Code (currently levied and collected pursuant to
Chapter 3.10 ofSalt Lake City Code); (e) the franchise fees associated with public utilities received
by the City pursuant to Title 10, Chapter 1, Part 3, Utah Code (currently levied and collected
pursuant to Chapter 17.16.070 of Salt Lake City Code); and (f) the franchise fees associated with
cable television received by the City pursuant to Salt Lake City Code Chapter 5.20 (collectively,
the “Pledged Taxes”).
F-2 Delegating Bond Resolution (new money multiple projects)
The City currently has $102,490,000 par amount of bonds or notes currently outstanding
that are secured by the Pledged Taxes. More detailed information relating to the City’s outstanding
bonds can be found in the City’s most recent Comprehensive Annual Financial Report that is
available on the Office of the Utah State Auditor’s website (www.sao.state.ut.us).
Assuming a final maturity for the Bonds of approximately 21 years from the date hereof
and that the Bonds are issued in an aggregate principal amount of $__________ and are held until
maturity, based on the City’s currently expected financing structure and interest rates in effect
around the time of publication of this notice, the estimated total cost to the City of the proposed
Bonds is $__________.
A copy of the Resolution (including the draft of the Supplemental Trust Indenture and a
copy of the Master Indenture attached to the Resolution) may be examined by appointment at the
temporary office of the City Recorder located at Plaza 349, 349 South 200 East in Salt Lake City,
Utah, during regular business hours from 8:00 a.m. to 5:00 p.m. To schedule an appointment
please call (801) 535-7671. Additionally, a protected, pdf copy of the Resolution may be requested
by sending an email to the City Recorder at SLCRecorder@slcgov.com. The Resolution shall be
so available for inspection for a period of at least thirty (30) days from and after the date of the
publication of this notice.
NOTICE IS FURTHER GIVEN that pursuant to law for a period of thirty (30) days from and
after the date of the publication of this notice, any person in interest shall have the right to contest
the legality of the Resolution (including the Supplemental Trust Indenture attached thereto) of the
City or the Bonds authorized thereby or any provisions made for the security and payment of the
Bonds. After such time, no one shall have any cause of action to contest the regularity, formality
or legality of the Resolution, the Bonds or the provisions for their security or payment for any
cause.
DATED this 13th day of July, 2021.
SALT LAKE CITY,UTAH
By ____________________________________
City Recorder
[SEAL]
G-1 Delegating Bond Resolution (new money multiple projects)
EXHIBIT G
[ATTACH FORM OF PURCHASE CONTRACT]
H-1 Delegating Bond Resolution (new money multiple projects)
EXHIBIT H
SALT LAKE CITY,UTAH
NOTICE OF PUBLIC HEARING AND INTENT TO ISSUE
SALES AND EXCISE TAX REVENUE BONDS
PUBLIC NOTICE IS HEREBY GIVEN that on July 13, 2021, the City Council (the “Council”)
of Salt Lake City, Utah (the “City”), adopted a resolution (the “Resolution”), calling for a public
hearing to receive input from the public with respect to the issuance of its Sales and Excise Tax
Revenue Bonds (the “Bonds”) to finance all or a portion of the cost of acquiring, constructing and
improving [various City parks, trails, historic structures, roads, streets, intersections and electrical
facilities] and acquiring, constructing, improving and remodeling various other capital
improvement program projects (collectively, the “Project”) and the potential economic impact
that the Project will have on the private sector, pursuant to the Local Government Bonding Act,
Title 11, Chapter 14, Utah Code Annotated 1953, as amended (the “Act”).
PURPOSE FOR ISSUING BONDS
The City intends to issue the Bonds for the purpose of (1) financing all or a portion of the
costs of the Project, (2) funding any necessary reserves and contingencies in connection with the
Bonds, and (3) paying the costs incurred in connection with the issuance and sale of the Bonds.
MAXIMUM PRINCIPAL AMOUNT OF THE BONDS
The City intends to issue the Bonds in an aggregate principal amount not exceeding Fifty-
eight Million Dollars ($58,000,000) to finance the Project. The Bonds may be issued with other
Sales and Excise Tax Revenue Bonds being issued for other purposes so the principal amount may
exceed the amount listed above to finance the costs of the Project.
SALES TAXES PROPOSED TO BE PLEDGED
The City proposes to pledge to the payment of the Bonds all of the legally available
revenues from: (a) Local Sales and Use Taxes received by the City pursuant to Title 59, Chapter
12, Part 2, Utah Code (currently levied and collected pursuant to Chapter 3.04 of the Salt Lake
City Code); (b) Municipal Energy Sales and Use Taxes received by the City pursuant to Title 10,
Chapter 1, Part 3, Utah Code (currently levied and collected pursuant to Chapter 3.06 of the Salt
Lake City Code); (c) the franchise fees for energy and utilities received by the City pursuant to
Title 10, Chapter 1, Part 3, Utah Code (currently levied and collected pursuant to Chapter 3.06 of
Salt Lake City Code); (d) the Municipal Telecommunications License Tax revenues received by
the City pursuant to Title 10, Chapter 1, Part 4, Utah Code (currently levied and collected pursuant
to Chapter 3.10 of Salt Lake City Code); (e) the franchise fees associated with public utilities
received by the City pursuant to Title 10, Chapter 1, Part 3, Utah Code (currently levied and
collected pursuant to Chapter 17.16.070 of Salt Lake City Code); and (f) the franchise fees
associated with cable television received by the City pursuant to Salt Lake City Code Chapter 5.20.
H-2 Delegating Bond Resolution (new money multiple projects)
TIME,PLACE AND LOCATION OF PUBLIC HEARING
The City will hold a public hearing during its City Council meeting which begins at
7:00 p.m. on August 17, 2021. The public hearing will be held either virtually, at the regular
meeting place of the Council in the Council Chambers, Room 315 in the City and County Building,
451 South State Street, in Salt Lake City, Utah, or any combination thereof, as determined by the
Chair of the City Council. All members of the public are invited to attend and participate in the
public hearing in the manner that will be described in the agenda for the meeting. Written
comments may be submitted to the City, to the attention of the City Recorder, prior to the public
hearing.
PURPOSE FOR HEARING
The purpose of the hearing is to receive input from the public with respect to the issuance
of the Bonds and the potential economic impact that the Project will have on the private sector.
NOTICE OF RIGHT TO FILE PETITION TO HOLD AN ELECTION
NOTICE IS FURTHER GIVEN that pursuant to Section 11-14-307(7), Utah Code, if within 30
calendar days of the publication of this notice on July __, 2021, by posting on the Utah Public
Notice Website, a written petition requesting an election and signed by at least twenty percent
(20%) of the registered voters of the City is filed with the City, then the City shall submit the
question of whether or not to issue the Bonds to the voters of the City for their approval or rejection.
If no written petition is filed or if fewer than 20% of the registered voters of the City sign
a written petition, in either case, within 30 calendar days of the posting of this notice on July __,
2021, the City may proceed to issue the Bonds without an election.
SALT LAKE CITY, UTAH
By ____________________________________
City Recorder
I-1 Delegating Bond Resolution (new money multiple projects)
EXHIBIT I
PETITION
To: City Recorder
Salt Lake City, Utah
We, the undersigned citizens and registered voters of Salt Lake City, Utah, respectfully
request that an election be called by the City Council of Salt Lake City, Utah, pursuant to the
provisions of Section 11-14-307(7), Utah Code Annotated 1953, as amended, to authorize the
issuance by Salt Lake City, Utah, of its Sales and Excise Tax Revenue Bonds, in a maximum
principal amount not exceeding $58,000,000, as to which notice of intention to issue was published
on July __, 2021, by posting on the Utah Public Notice Website, pursuant to the provisions of a
resolution passed by the City Council of Salt Lake City, Utah, at a regular meeting of the City
Council held on July 13, 2021, and each for himself or herself says: I have personally signed this
petition; I am a registered voter of Salt Lake City, Utah; my residence and post office address are
correctly written after my name:
I-2 Delegating Bond Resolution (new money multiple projects)
WARNING
It is a felony for any one to sign any initiative or referendum petition with any other name
than one’s own, or knowingly to sign one’s name more than once for the same measure, or to sign
such petition when one knows that he or she is not a registered voter.
REGISTERED VOTER’S PRINTED
NAME (MUST BE LEGIBLE TO BE
COUNTED)
SIGNATURE OF REGISTERED
VOTER
STREET ADDRESS,CITY, STATE,
ZIP CODE
[The following certification shall appear on the reverse side of each page
[attached to the Petition containing the signature of voters]
I-3 Delegating Bond Resolution (new money multiple projects)
STATE OF UTAH )
: ss.
COUNTY OF SALT LAKE )
I, _________________________, of _____________________, hereby certify that I am a
registered voter of Salt Lake City, Salt Lake County, Utah, that all the names which appear on this
sheet were signed by persons who professed to be the persons whose names appear thereon, and
each of them signed his or her name thereto in my presence, I believe that each has printed and
signed his or her name, and written his or her post office address and residence correctly, and that
each signer is a registered voter of Salt Lake City, Salt Lake County, Utah.
Subscribed and sworn to before me this _____ day of __________, 2021.
Notary Public (or other official title)
– ATTACHMENT 2 Description for $3.4 Million Investment in Westside Parks
(was not included in Attachment 1 transmittal)
The $3.4 million listed in the bond proposal for Westside Parks will cover robust community
engagement, park design and construction of new improvements to Modesto, Poplar Grove
and Jackson Parks. Utilizing this funding for the Westside Parks is consistent with Strategy
W-1 of the Reimagine Nature Public Lands Master Plan which states “Neighborhood parks
are designed and programmed to highlight the unique natural, historical, cultural and
economic identity of the surrounding area and community in which they are located.” The
policies that support this major strategy which will be included in the project scope include
data collection on park use and engagement, engaging the surrounding community in the
visioning of public spaces with particular emphasis on fostering engagement with under-
represented groups, and enhancing community pride and placemaking characteristics
within the parks. The overarching purpose of the funding is to create high-quality
experiences within these parks. As defined by the Urban Land Institutei, high-quality parks
are in excellent physical condition, are accessible to all potential users, provide positive
experiences and are relevant to the communities they serve, and are flexible to changing
circumstances. These are all standards that will be sustained in the development of this
project. Based on these qualities, the specific goals for the Westside Parks project are as
follows:
Improve west side parks so that they are in excellent physical condition. Evaluate the
condition of all assets to determine replacement or rehabilitation needs.
Improve circulation in the park and access to the park so that it is accessible to all
potential users. Create a circulation network in the park to encourage walking and
improve access to park amenities and the neighborhood.
Collaborate with the community to identify multiple uses and opportunities to a
wide variety of users. This may include new passive recreation areas or new active
recreation options.
Include placemaking elements that are relevant to the communities they serve and
accurately reflect the community character. This might include public art,
interpretive signage or the development of special use or gathering areas.
Improve the climate resilience of the landscape by reducing the amount of
underutilized turf and replace it with a regionally appropriate and biodiverse
planting composition and potential accompanying irrigation. Include more shade
trees and pollinator gardens.
Funding will specifically go towards hiring of a consultant for comprehensive public
engagement and design, and a contractor for construction of the project. Project scope
will be developed with public input and may need to be phased based on costs and
funding capacity.
$1.2 Million will make a significant and noticeable difference in the City’s wayfinding
signage. There will always be a need to add, change or modify existing signage.
$1,200,000:
$300,000 Community engagement, consultant Services (planning and design),
permits, engineering project management and fees, project contingency and other
soft costs
Approximately $120,000 will be allocated for consultant services, master planning
and design, to develop a wayfinding best practices document and plan. This plan will
build on the recently completed SLC Public Lands Signage Guidelines. The
wayfinding plan will create an easy to replicate approach for identifying key
locations for wayfinding signage and appropriate sign type. This document will
provide guidance on immediate implementation as well as planning for future
additions to the wayfinding system. The goal of the project is to connect people to
the green space resources in the city including public lands and other public
resources like libraries and recreation centers.
$900,000 Construction Budget
Approximately $900,000 is allocated for wayfinding signage construction and
installation. Signage will include, but not be limited to, wayfinding, directional, and
naming signs to be installed across all districts. 2020 costs for signs range from
$2,250 to $5,000. Using an average sign cost of $3,500, an estimated 250
(approximately 35 + signs per council district) will be installed as part of this
project. The estimated number of signs installed as part of this project are based on
historic costs, actual numbers may differ, due to unforeseen future cost increases.
This project will make a substantial improvement to the city wayfinding system that
is an ongoing effort as we continue to add to the public amenities in our City
environment.
American Rescue Plan Act (ARPA)
BUDGET UPDATE
Balancing Our Priorities
Funds Spent by Department
Some ARPA-Eligible Spending Options
1
Policy Questions
1
2
3
4
5
6
3
FY23 Estimated
Funding Needs
2
General Fund Balance
Reimbursement
Capital Improvement
Program (CIP)
4
Sales Tax
Bond
Financial Overview
ARPA-Funded Projects
Holding Account Proposals
ARPA-Eligible CIP & Bond Projects
–
ATTACHMENT 5 Capital Facilities Plan (CFP) Council Requests from January 2019
1.Policy Goals and Metrics – Council Members requested high-level cost estimates for the City
to implement the below policy goals as well as any metrics. The Administration was invited to
recommend policy goals to the Council. Three cost estimates are included based on prior
discussions but may not represent the best currently available information. The table is intended
for discussion purposes and does not represent a comprehensive list of policy goals for Council
consideration.
Potential Policy Goals Potential Metrics High-level Cost
Estimate
Bring all facilities out of
deferred maintenance
Appropriations vs. funding
need identified in Public
Services’ Facilities Dashboard
that tracks each asset
$6.8 million
annually or $68
million over ten
years
Expand the City's urban trail
network with an emphasis on
East-West connections
Total paved/unpaved network
miles; number and funding
for improved trail features;
percentage of 9-Line
completed
$21 million for 9-
Line
implementation
Increase the overall condition
index of the City's street
network from poor to fair
Overall Condition Index
(OCI); pavement condition
survey every five years
$133 million cost
estimate (in addition
to existing funding
level)
Implement the Foothill Trails
Master Plan
Distance of improved trails
completed; number and
funding for improved
trailheads
$TBD
Advance the City's
sustainability goals through
building energy efficiency
upgrades
Energy savings; carbon
emission reductions $TBD
Focus on renewal and
maintenance projects over
creating new assets
Number, funding level and
ratio of renewed assets vs.
new assets
$TBD
2.Project Location Mapping – Council Members requested a map of all CFP projects. The idea
of multiple maps based on dollar value was discussed such as $50,000 - $999,999, $1 million - $5
million, and over $5 million.
3.Measure CFP to CIP Alignment – Council Members expressed support for annually
measuring the alignment of how many CIP Funding Log projects were previously listed in the CFP
and how many CIP projects receiving appropriations were previously listed in the CFP. A high
alignment would indicate the CFP is successfully identifying the City’s capital needs.
4.Council Adoption of CFP – The question arose if the Council should adopt the CFP each year
with the annual budget or potentially in the summer when reviewing project specific funding.
Does the Administration have a preference?
SALT LAKE CITY CORPORATION
SWORN STATEMENT SUPPORTING CLOSURE OF MEETING
I, ____________________, acted as the presiding member of the Salt Lake Council, which met on ___________________
in an electronic meeting pursuant to Salt Lake City Proclamation.
Appropriate notice was given of the Council's meeting as required by §52-4-202.
A quorum of the Council was present at the meeting and voted by at least a two-thirds vote, as detailed in the minutes of
the open meeting, to close a portion of the meeting to discuss the following:
§52-4-205(l)(a) discussion of the character, professional competence, or physical or mental health of anindividual;
§52 -4-205(1)(b) strategy sessions to discuss collective bargaining;
§52-4-205(l)(c) strategy sessions to discuss pending or reasonably imminent litigation;
§52-4-205(l)(d) strategy sessions to discuss the purchase, exchange, or lease of real property, including
any form of a water right or water shares, if public discussion of the transaction would: (i) disclose the
appraisal or estimated value of the property under consideration; or (ii) prevent the public body from
completing the transaction on the best possible terms;
§52-4-205(l)(e) strategy sessions to discuss the sale of real property, including any form of a water right
or water shares if: (i) public discussion of the transaction would: (A) disclose the appraisal or estimated
value of the property under consideration; or (B) prevent the public body from completing the transaction
on the best possible terms; (ii) if the public body previously gave public notice that the property would be
offered for sale; and (iii) the terms of the sale are publicly disclosed before the public body approves the
sale;
§52-4-205(1)(f) discussion regarding deployment of security personnel, devices, or systems; and
§52-4-205(1)(g) investigative proceedings regarding allegations of criminal misconduct.
A Closed Meeting may also be held for Attorney-Client matters that are privileged pursuant to Utah Code
§78B-1-137, and for other lawful purposes that satisfy the pertinent requirements of the Utah Open andPublic Meetings Act.
Other, described as follows: _____________________________________________________________
The content of the closed portion of the Council meeting was restricted to a discussion of the matter(s) for which the
meeting was closed.
With regard to the closed meeting, the following was publicly announced and recorded, and entered on the minutes of the
open meeting at which the closed meeting was approved:
(a)the reason or reasons for holding the closed meeting;
(b)the location where the closed meeting will be held; and
(c)the vote of each member of the public body either for or against the motion to hold the closed meeting.
The recording and any minutes of the closed meeting will include:
(a)the date, time, and place of the meeting;
(b)the names of members Present and Absent; and
(c)the names of all others present except where such disclosure would infringe on the confidentiality
necessary to fulfill the original purpose of closing the meeting.
Pursuant to §52-4-206(6), a sworn statement is required to close a meeting under §52-4-205(1)(a) or (f), but a record by
electronic recording or detailed minutes is not required; and Pursuant to §52-4-206(1), a record by electronic recording
and/or detailed written minutes is required for a meeting closed under §52-4-205(1)(b),(c),(d),(e),and (g):
A record was not made.
A record was made by: : Electronic recording Detailed written minutes
I hereby swear or affirm under penalty of perjury that the above information is true and correct to the best of my
knowledge.
Presiding Member Date of Signature
James Rogers September 21, 2021
X
X
XX
Rogers James (Sep 24, 2021 17:39 MDT)Sep 24, 2021
Sworn Statement - Closed Meeting on
9/21/2021
Final Audit Report 2021-09-24
Created:2021-09-24
By:DeeDee Robinson (deedee.robinson@slcgov.com)
Status:Signed
Transaction ID:CBJCHBCAABAAvt-yrnk8G7JzsDW_08vjc5I22G1YOi55
"Sworn Statement - Closed Meeting on 9/21/2021" History
Document created by DeeDee Robinson (deedee.robinson@slcgov.com)
2021-09-24 - 10:47:34 PM GMT- IP address: 204.124.13.151
Document emailed to Rogers James (james.rogers@slcgov.com) for signature
2021-09-24 - 10:48:14 PM GMT
Email viewed by Rogers James (james.rogers@slcgov.com)
2021-09-24 - 11:38:35 PM GMT- IP address: 174.242.236.170
Document e-signed by Rogers James (james.rogers@slcgov.com)
Signature Date: 2021-09-24 - 11:39:00 PM GMT - Time Source: server- IP address: 174.242.236.170
Agreement completed.
2021-09-24 - 11:39:00 PM GMT